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Home My WebLink About260705 Letter to Board - Attorney N. Rosenberg - - GARDNER ROSENBERG c ATTORNEYS AT LAW ONE STATE STREET,FOURTH FLOOR ONE GRAND CENTRAL PLACE BOSTON,MASSACHUSETTS 02109 60 EAST 42ND STREET,39TH FLOOR TEL.(617)390-7570 NEW YORK,NEW YORK 10165 FAX(617)972-7983 TEL.(212)601-2892 *PLEASE CORRESPOND To BoSTON OFFICE NICHOLAS J.ROSENBERG NICK@GARDNERROSENBERG.COM July 6, 2026 VIA EMAIL Mr. John Simons, Vice Chair North Andover Planning Board 120 Main Street North Andover, MA 01845 Re: 11 Marbleridge Road and Map 037.C Lot 56, Marble Ridge Farm, LLC Dear Mr. Simons and Members of the Planning Board: This firm represents Matt and Julie Tyler(235 Great Pond Road), Tom and Nicole Friel (254 Great Pond Road),Nancy Leland (270 Great Pond Road), and Julian and Carol Santos (245 Great Pond Road) (together, the "Neighbors") who are neighbors and abutters to the property located at 11 Marbleridge Road(the "Property"), owned and operated as a purported winery by Marble Ridge LLC ("Marble Ridge"). I submit the following on behalf of the Neighbors in opposition to the application for a Limited Site Plan Review Modification. The Property is an event and lodging venue masquerading as a vineyard. We have reason to believe that the applicant has blatantly misled and lied to this Board and to the Building Commissioner, and has used a nominal plot of token grape vines to invoke protections under Chapter 40A, § 3, to which the Property is not entitled. The applicant now seeks to dramatically increase the parking on the Property (eliminating some of the already small plot of vines)—not to support its wine growing, but to accommodate the weddings, concerts and other events that are in fact the true primary use of the Property. The application for Limited Site Plan Review Modification should be denied, and the Board should further review the prior submissions, Site Plan Review approval, and the actual uses of the Property, and take appropriate action including ordering, or requesting the Building Commissioner to order, that Marble Ridge cease and desist from engaging in any uses other than for those permissible in the Residential 1 zoning district. The Board should do so for three primary reasons. First, the Property is not primarily engaged in wine grape growing and harvesting, and the other activities it is engaged in are not ancillary to any actual viticulture or other agriculture. Second, even if the Property were being utilized for a qualified agricultural use, and entitled to some Dover Amendment protection, the uses necessitating the increase of 71% of the approved parking are far too remote from any actual agricultural uses to be exempt. Third, regardless of the Dover analysis, the detrimental effects of such an increase in the intensity of parking and the associated traffic, noise and other impacts, far outweigh any benefit of such increases in parking. Page 2 BACKGROUND Procedural Background In October 2025, the Board approved the Limited Site Plan Review for the Property. At the time, Marble Ridge "propose[d] use of the property to grow grapes, harvest grapes, the production of wine, and wine tastings. In addition, accessory uses to the winery are proposed: guesthouse overnight rentals, wedding showers, rehearsal dinners, and other celebratory private events." See Minutes of October 7, 2025 hearing (Exhibit A). Marble Ridge's counsel informed the Board that"[a]pproximately 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..." Memo from Francis DiLuna July 25, 2025 (Exhibit B). The Building inspector, relying on that memorandum, found that"[a]ccording to your Memo, from August through November, the sale of Marble Ridge wine exceeds the 25% required under MGL c.40A, §3." August 26, 2025 Determination of the Building Commissioner (Exhibit C). The Building Commissioner concluded that the Property was used for"growing grapes, harvesting grapes and the production of wine"but, as to the additional events and other uses, "[w]hile 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." Id. He limited his findings, noting "[m]y 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..." Id. On October 2, 2025 the Building Commissioner issued a supplemental determination. That Supplemental Determination similarly relied on the applicant's representation, again stating "[a]ccording to your Memo, from August through November, the sale of Marble Ridge wine exceeds the 25% required under MGL c.40A, §3." October 2, 2025 Supplemental Determination of the Building Commissioner(Exhibit D). Despite previously stating that the extension of Dover protection to accessory uses was within the purview of the Board's judgment, the Commissioner, in his Supplemental Determination, recited the applicant's explanation of the Hume Lake case', and opined that the various events, weddings and short-term rentals fell within the protections of MGL c. 40A, § 3, as uses accessory to a primary agricultural use. Id. Notably, however, the Building Commissioner stated that these various events "including bridal showers, wedding showers, rehearsal dinners, and weddings" qualified for exemption onl TT "[s]o long as the overarching purpose behind each of these events is the promotion of the winery and the sale of your wine." Again, the Commissioner held his decision was not absolute and 1 Hume Lake Christian Camps,Inc.v. Planning Board of Montergy,492 Mass. 188 (2023). Page 3 depended on, among other things "the accuracy of all materials submitted to myself and to the Planning Board." On October 7, 2025, the Board heard the applicant's request for Limited Site Plan Review, and approved that plan, including 35 parking spaces. See October 7, 2026 Decision (Exhibit E). The Requested Modification On March 11, 2026, Marble Ridge requested what it described as an "Insubstantial Change"to the approved Limited Site Plan, to nearly double the approved parking from 35 to 68 spaces, extending onto the other open spaces on the property, encroaching closer to the Neighbors and the way bordering 235, 243 and 245 Great Pond Road, and including additional "overflow parallel parking" on that way. At the March 17, 2026 hearing, the Board asked what prompted the need for the substantial increase in parking. Marble Ridge responded that the original 35 approved spaces were "insufficient"because Marble Ridge "frequently host[s] large events, necessitating a great number of car spaces." See Planning Board Meeting Minutes, March 17, 2026 (Exhibit F). The Board voted unanimously that the proposed reconfiguration and doubling of the parking was not an "Insubstantial Change" as Marble Ridge attempted to characterize it, requiring a further hearing. Marble Ridge's Defiance of the Board o� In the face of the Board's rejection of Marble Ridge's request to double the allowed parking as an"Insubstantial Change," Marble Ridge nonetheless went ahead and has been continuing to hold large events, inviting more guests onto the property than permitted. For example, on May 18, 2026, the Building Commissioner issued a Notice of Zoning Violation specifically because Marble Ridge exceeded the approved parking, flouting the Board's approved plan and conditions. See Notice of Violation (Exhibit G). Despite the Notice of Zoning Violation, Marble Ridge has continued to advertise, under the "events" section of its website, a live music concert series with food trucks and other entertainment: Page 4 as -�UNDE ww"Em, '&UPCOMINIZ I VMalier-211 PABLOIS TACO TRUCK UNE &IF ILY'DAB LIVE C � Saturday 1.91 P,M Wine 7'acos PI-JJS FaMRyDaly',aR FIN JUNK RIDA A; ......... FAMILYWEEKENDFOR FATHERS DAY Sourday FamilyDay-well agc,,u%weliculne all dayl, UNE Sunda 6 FIM�L.6VIE�i��usic N y n Maher PLC.S, J V IU F DAY "II I FiNidaV;9pm LIVE m°u g a by AndrewI -21. IVE MUSIC SU�N D"FUNDAY None of these events is advertised as being wine focused or themed. None of these events has agriculture as its primary purpose. None of these concerts or other events is being done with any consideration of the residential neighborhood. In advance of the March 2026 hearing, and since, various neighbors have submitted comments to the Board noting incidents in which increased parking, traffic, noise, and entry of large trucks and food trucks have disrupted the neighborhood. Concerningly, this has included use of the private way bordering 235, 243 and 245 Great Pond Road, where young children frequently ride bicycles and near where they play. See Submissions to Board (Exhibit H . The Neighbors remain very concerned about both the increased noise and disturbance from the events on the Property, as well as the traffic and danger of more cars and trucks entering and exiting the Property. The Current Proposal Following the March hearing, Marble Ridge submitted a slightly modified application. Marble Ridge now proposes to increase parking to 60 spaces, a 71% increase from the 35 previously approved. It claims that it will no longer have overflow parking on the private way. It is unclear what traffic will continue on the way. Marble Ridge claims that this parking is necessary in part "to support our approved farm operations including production and sales through our tasting room for its deliveries," although it is not explained how an additional 25 spaces are necessary for farm operations. Marble Ridge Application for Limited Site Plan Review Modification, June 1, 2026. Rather, Marble Ridge concedes that the spaces are desired for its "private events and overnight stays." Id. Highlighting that events dominate over any actual viticulture, Marble Ridge notes that"53 grape plants were relocated"to make way for its Page 5 additional parking. As Brig Leland noted at the March hearing, the increased parking is needed to accommodate large events, not to support grape growing and harvesting or related activities and, in fact, is replacing areas previously planted with vines for parking. Marble Ridge is Not Operating a Legitimate Vineyard Having told the Building Commissioner and this Board in connection with its original October 2025 application that"additional plantings are scheduled for next spring," Marble Ridge appears to have abandoned that supposed plan in favor of utilizing its fields to maximize event parking. The need for a 71% increase in the intensity of parking is driven not by the goal or purpose of viticulture,but to support large wedding and similar events that are at most only loosely connected to the sale of wine made from grapes imported from Napa, California. The growing and harvesting of grapes is not the primary use of the Property. That representation was originally supported by a letter from Marble Ridge's supposed accountant, claiming that "[m]ore 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." See Exhibit E to Memorandum Concerning Marble Ridge Winery, July 25, 2025 (Exhibit B). That accountant appears to be a self-styled bookkeeper, not a licensed CPA, who provided no known backup information to the Board. Even a basic review of the literature confirms that the area planted at the Property, even if producing harvestable grapes, which there is no indication it is, could support only a nominal volume of wine production at best. Typical small commercial vineyards require at least several acres of vines planted at a density of around 1,000 vines per acre. See e.g.,NC Department of Agriculture, h.' . / ustr r s urc s�fr u tl s a sti o �.s/) ("A vineyard should be at least 4 to 5 acres to obtain reasonable economies of scale and produce sufficient quantities (tons) of multiple (3 to 4) varieties"); Cornell Cooperative Extension (b. :Yin r ) ("for 8x4 spacing, more than 1300 vines are required per acre"). The stand of 198 vines in an area of less than approximately 0.252 acres simply does not and cannot support anything close to actual commercial wine production. Marble Ridge's own materials confirm that its wine is not produced from the growing and harvesting of grapes on the Property. To the contrary, Marble Ridge proudly describes and advertises its wines as being made from Napa, California grapes: 2 Planted area estimated at less than—10,000 sf,based on revised parking plan and dimensions of planted area from recorded plans,including Subdivision Plan,recorded at the North Essex Registry of Deeds, October 14, 1994,Plan No. 12481,and publicly available information. See Exhibit I. Page 6 AWARD-WINNING WINES HAND-CRAFTED,SUSTAINABLE& SMALL-BAT( H SIGNATURE WINE, TASTING (GF) $25 Experiemce five 2 oz pours Of OUr handcrafted Marbl Cl Midge wines. Your h0St Will guide YOU through each selection,sharir�g the story and style beNnd every PCIJr,This'is the ideal way for flrst-time gues-ts,to discover their favorites before enjoying -,i full gla's's or bottl[e. WINE (GF) BY THE GLASS BOTTLE E nii I oy a 6 oz pour or a bottle of our awardwi it ni ing,s`m,:p41-b18tch grapes in the NO,", alifoy region, Relax and savcir your favorite Marble Pidge winp.,: 2025 SAUVIGNON BLANC $12/$40 2025 RIESLING $12/$41 2022 DRY ROSE $13,/$42 20,23 SPARKLING HOSE $1.3,/$45 2023 TEMPR-ANILL0 (20% CABERNET SAUVIGN-ON) $14/$47 Wine Menu, Marble Ridge Winery, https://www.canva.com/design/DAHDTGQpfWs/4Wlb37d2tGLnFu-4OP6vEw/edit (Exhibit J). Marble Ridge's primary use of the Property is its short-term rentals (advertised on sites like Air Bnb), events, and concerts. Not agriculture. LEGAL ANALYSIS I. THE PROPERTY IS NOT ENGAGED IN AGRICULTURE. Simply put, the small plot of 198 vines (some of which are apparently being relocated to make way for the additional parking) are a prop for an event venue. Marble Ridge is not a vineyard. To qualify for protections under M.G.L. c. 40A, § 3, the agricultural activity must be the primary use of the property. M.G.L. c. 40A, § 3 ("[n]o zoning ordinance ... shall ... prohibit, unreasonably regulate or require a special permit for the use of land for the primary pulpose of agriculture, horticulture, floriculture, or viticulture") (emphasis added); see Town of Eastham v. Cla , 44 Mass. App. Ct. 901, 902 (1997) (M.G.L. c.40A, § 3 "requires that the primary purpose of the use of the land be for agriculture"). Courts "give the word [primary] its usual and accepted meaning [and thus] the inquiry is whether [owner] used his property 'primarily' for agriculture...Primarily means 'chiefly, mainly'." Id. Here, it is mere window dressing. Marble Ridge's submissions to the Board and its own marketing demonstrate that its primary use is in offering short-term rentals through services such as Air BnB, and hosting events like wedding rehearsals and concerts. These uses are not ancillary to a primary agricultural use. They are the primary use. Page 7 Those uses are not permitted as of right in the Residential 1 district. Before even considering whether these other non-viticultural uses are, as Marble Ridge purports, accessory to a legitimate agricultural use, it must be found that the underlying use is in fact a qualified agricultural use. Id. ("if the premises are not primarily used for agriculture, [owner] is not entitled to a greenhouse as [an accessory use] as of right under G.L. c. 40A, § 3."). Despite the owner's representation that more than 25% of its on-site wine production is from the growing and harvesting of its own grapes, that appears not to be true. Rather, according to the owner, its wine is produced from grapes brought onto the property from Napa California. The making of wine from crops grown elsewhere is not an agricultural use protected under M.G.L. c. 40A, § 3. See Bldg. Inspector of Peabody v. Northeast Nursery, Inc., 418 Mass. 401, 405 (1994) (nursery selling plants grown elsewhere does not qualify for protection). The vines planted in the front yard of the Property may be aesthetically pleasing for partygoers and wedding guests, but they are not agriculture. As a matter of law planting a few grape vines is not a free pass under the Dover Amendment to operate a short-term rental and event venue in a residential district, no matter how "wine themed"the accommodations are. II. EVEN IF MARBLE RIDGE WERE HARVESTING GRAPES AS A PRIMARY USE, THE CONCERTS AND OTHER PARKING-INTENSIVE USES ARE NOT ACILLARY TO THAT USE. The agricultural protections of the Dover amendment have been interpreted to apply broadly to uses that are ancillary to the primary use of farming. As discussed above, there is no actual farming on the property, and therefore, no other uses are entitled to Dover protection. However, even if the grapes were grown and harvested on site for Marble Ridge's wine, Marble Ridge would be entitled to engage only in additional uses truly ancillary to that agricultural use. Marble Ridge has tied these rentals and events to the supposed agriculture by stating that the attendees at these events and lodging guests might be able to attend tastings or consume wine —apparently not exclusively but in addition to a variety of other alcoholic beverages, food, and other offerings. Some of that wine, in turn, was supposedly going to be made from grapes grown and processed on site. The Building commissioner relied on the applicant's counsel's submission of memoranda largely drawing on language from the Supreme Judicial Court's decision in Hume Lake Christian Camps, Inc. v. Planning Board of Monterey, 492 Mass. 188, 195 (2023). Marble Ridge and, in turn, the Building Commissioner, cite to Hume Lake for the proposition that the Dover protections "also encompass a variety of accessory uses that, while not inherently [agriculture] in nature, are of a broader agricultural project, and facilitate the functioning of that project." Building Comm. Supp. Determination, October 2, 2025, cites Hume Lake, 492 Mass. at 196. Notably, Hume Lake concerned religious protections under a separate part of M.G.L. c. 40A, § 3, not agricultural protections (noted in the Building Commissioner's insertion of the word "agriculture" in the quoted language in place of"religious"). We are unaware of any case relying on Hume Lake in the context of an agricultural exemption. Regardless, the principle is Page 8 similar. Marble Ridge is correct that to be afforded some protection under the Dover amendment, accessory uses need not themselves be wholly religious (or agricultural) in nature. It has been held that "[a]ll agriculture conducted for profit is commercial in some degree.") Cumberland Farms of Conn., Inc. v. Zoning Bd. Of Appeal of North Attleborough, 359 Mass. 68, 76 (1971). This includes, for example, that protections might apply to a farm stand to sell farm products (see Prime v. Zoning Bd. of Appeals of Norwell, 42 Mass. App. Ct. 796, 801-803 (1997)), or a non-conforming building to house equipment and supplies necessary to run farming operations (see Kirker v. Bd. of Appeals of Ra. nham, 33 Mass. App. Ct. 111, 114-115 (1992)). But the court in Hume Lake did not suggest that any activity, however tenuously tied to a protected use, is entitled to Dover exemption. Quite to the contrary, the court in Hume Lake clearly stated that the town must engage in a two-part inquiry. First, it must determine "whether the proposed use has as its `bona fide goal something that can reasonably be described as' religiously [or in this case, agriculturally] significant." 492 Mass. at 195. Second, the town must determine "whether the [agriculturally] significant goal is the `primary or dominant' purpose for which the land or structures will be used." Id., quoting Whitinsville Retirement SocY Inc. V. Northbridge, 394 Mass. 757, 760 (1985). Thus, applying the holding of Hume Lake, to enjoy protection under the Dover amendment, a use, including an accessory use, must still have an agriculturally significant primary or dominant purpose. Relevant here, the court in Hume Lake emphasize that"[t]he primary or dominant purpose requirement ensures that an ostensibly religious purpose is not `mere window dressing' for a nonexempt use." Id. The Appeals Court noted the same sentiment in Kirker, where it held that "[i]t should be obvious that the special protections afforded farms by G.L. c. 40A, § 3, cannot be used as a pretext for unlawful enlargement of nonconforming uses. 33 Mass. App. Ct. at 115 (emphasis added); see also Prime, 42 Mass. App. Ct. at 802 (use enjoys "§ 3 guaranty of protection of the use of land for agricultural purposes, unless the permit application is a sham intended to conceal an unlawful purpose") (emphasis added). In Kirker the court held that if a building was to be built and used for equipment serving the small farming operations, it may be protected under §3, but that if it were in fact to be used to store larger equipment for the owner's construction business, it would not be serving an agricultural purpose and would not enjoy any protection from the zoning bylaw. 33 Mass. App. Ct. at 115. In a remarkably similar situation to Marble Ridge, the Topsfield Zoning Board of Appeals reversed its building inspector's finding that wedding events were incidental to an apple farm's agricultural operations and protected under M.G.L. c. 40A, § 3. There, the board determined an orchard was legitimately engaged in farming of apples and other fruit. The orchard sought to hold events such as weddings for profit on the property. The building inspector determined that the use of the property to host weddings and similar events was an agricultural related use permitted under G.L. c. 40A, §3. On appeal to the ZBA, the board found that despite the owner stating it met the thresholds of sales of farm products as a percentage of the owner's total volume or revenue, the owner had failed to provide sufficient information supporting that contention. Although the owner claimed that its apple cider was served at its events, the board found that data on the actual volumes was insufficient. Page 9 Most significantly, the board further found: the wedding events are not sufficiently related to the farm activities so as to be characterized as either integral to or subsidiary to the farm activities. The wedding events are standalone activities that do not depend upon the existence of the farm or the products that are produced there...The requirement that cider be served and that Massachusetts farm products be used by caterers, when available, appear to be perfunctory attempts to provide a gloss of farm activity, without any real substance...Based upon the information available to the Board, it has determined that the wedding events that are conducted at [the] Farm are not sufficiently related to the farming operations to constitute an agricultural use that would be protected under G.L. c. 40A §3. Finding and Decision of Appeal, Town of Topsfield Zoning Bd. of Appeals (Feb. 21, 2023) (Exhibit K) (emphasis added). The reasoning of the board in Topsfield follows the guiding cases and is applicable here. Merely offering or requiring that cider(or wine in this case)be served or sold at wedding rehearsals, weddings, and other events or to guests of a short-term rental, does not bring those uses within the protections of M.G.L. c. 40A, § 3. Moreover, absent actual specific sales and other information on the volume of products sold, the town could not determine that such protection was warranted. Finally, the board in Topsfield was particularly concerned that the requirement that cider be served at events was a"perfunctory attempt[] to provide a gloss of farm activity." That is precisely what Marble Ridge has done here. In an attempt to run an event and lodging facility in a residential district, Marble Ridge claims that it will offer tastings to guests if they choose to request it, and that wine will be served(among other general alcoholic beverages) to partygoers at its events. That does not turn otherwise impermissible uses into protected agricultural or accessory agricultural uses. Notably, the board in Topsfield reached that decision having found that the property was in fact legitimately engaged in agriculture with more than 2,000 apple and peach trees producing apples, peaches and cider. But even that was not enough to bring weddings and other events within the scope of legitimate ancillary agricultural uses. Here, as discussed above, the Board should not even reach the consideration of whether events are ancillary to a farming use, where Marble Ridge is not even a legitimate functioning vineyard in the first place. Any increase in parking to accommodate these non-agricultural uses must be denied. III. THE DETRIMENT OF PARKING OUTWEIGHS ANY BENEFITS. Pursuant to §195-8.17.1 and M.G.L. c. 40A, § 3, the Board may reasonably regulate the uses on the Property, including with respect to yard sizes, lot area, setbacks, open space, parking Page 10 and building coverage.3 As noted by residents, the ongoing events and existing parking have already posed disruptions, nuisance and safety issues around the Property. A 71% increase will significantly increase the traffic, noise, and safety risks. Moreover, the apparent need for increased parking is to accommodate people attending live music concerts and other events. Those events are inconsistent with the residential neighborhood. No longer is Marble Ridge proposing to hold intimate wine tastings and small wedding showers. Rather, Marble Ridge is seeking permission to accommodate full-fledged events and concerts. As discussed above, nothing in M.G.L. c. 40A, § 3 grants license to an owner to conduct whatever commercial activity it desires even if only loosely (or not at all) connected to agriculture. Regardless, even if it did, the Board may reasonably regulate these uses. Marble Ridge does not require 60 parking spaces for its wine tastings. Limiting parking to the original approved plan is reasonable in light of the uses of the property and the proximity to the Neighbors in this residential district. CONCLUSION For all of the foregoing reasons, the Neighbors respectfully request that the Board (1) deny the application of limited site plan review modification; (2) take such action as necessary to investigate the representations made regarding the viticultural uses of the Property, and (3) take such actions as necessary to enforce the use regulations within the Residential ldistrict including ordering that Marble Ridge is not entitled to M.G.L. c. 40A, §3 protection and must cease engaging in any uses not permitted in the R1 district Respectfully submitted, Nick Rosenberg 3 The Board has previously cited to Art. 10,§195-10.7 (Special Permits)in connection with the Marble Ridge application. Pursuant to Art. 10,§195-10.7: The special permit granting authority shall not approve any such application for a special permit unless it finds that,in its judgment,all the following conditions are met: (a) The specific site is an appropriate location for such a use, structure or condition; (b) The use as developed will not adversely affect the neighborhood; (c) There will be no nuisance or serious hazard to vehicles or pedestrians; (d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; (e) The special permit granting authority shall not grant any special permit unless it makes a specific finding that the use is in harmony with the general purpose and intent of this bylaw. To the extent the standards for a special permit apply to the Board's determination,the application fails to meet the requirements. The proposed expansion will clearly have and has already had a documented adverse impact on the neighborhood,poses a nuisance and hazard to pedestrians and children abutting the Property,and is not in harmony with the purpose of the bylaw,which does not allow such uses in the Residential 1 district. Page 11 EXHIBITS ATTACHED Exhibit A October 7, 2025 Hearing Minutes Exhibit B Memo from Francis DiLuna July 25, 2025 Exhibit C August 26, 2025 Determination of the Building Commissioner Exhibit D October 2, 2025 Supplemental Determination of the Building Commissioner Exhibit E October 7, 2026 Planning Board Decision Exhibit F Planning Board Meeting Minutes, March 17, 2026 Exhibit G May 18,2026 Notice of Violation Exhibit H Submissions to Board Exhibit I Lot Plan and Planted Area Exhibit J Wine Menu, Marble Ridge Winery Exhibit K Finding and Decision of Appeal, Town of Topsfield Zoning Bd. of Appeals (Feb. 21, 2023) EXHIBIT A Town of North Andover aboA4* .PLANNING.BOARD Eitan Goldberg, Chair •�' Sean Kevlahan John Simons1�rls , ' Date Kelly Peter Boy n ton R Tuesday October 7 2025 7 p.m., 120..lain street-- Town.Mall North Andover CIA 01845 1 PresentlPlannin Board: E. Goldberg,J. Simons,P.Boynton, S. Kevlahan,K.Kelly 2 Absent: 3 Staff Present: J.Enright 4 5 E. Goldman Chairman: The Planning Board meeting for October 7,2025,was called to order at 7 p.m. 6 7 STAFF REPORT 8 9 BOND RELEASE 10 52.1 Dale Street Anthonyand Lindsey Sallese: Request for release of a$4,000 performance bond associated with a March 11 21,2023 watershed Special Permit that allowed for the installation of an inground swimming pool, paver patio and fence 12 within.the 325'Non-Discharge Zone of the watershed Protection.District. 13 J.Enright: Construction is complete and the site is stabilized. The engineer certification letter and as-built plan are in the 14 meeting packet.There were some field changes made,specifically:the chain like fence was installed around the perimeter of 15 the backyard area v.just the pool.Part of that fence was installed on 1.0 Coventry Ln.;the engineer said the owner has no 16 issue with it. The patio increased from 700 sf to 870 sf.A walkway was added between the pool and rear of the home. Instead 17 of being at ground level,the pool patio and infiltration trench are now bordered by a 1.5' high mortared rock wall. 18 MOTION: S.Kevlahan made a motion to release the bond funds,plus interest,for 521 Dale Street.K.Kelly seconded the 19 motion.The vote was 4-0,unanimous in favor(J. Simons abstained as an abutter). 20 21 CONTINUED PUBLIC IIEARI.NOS 22 Stonecleave Road Map 104 Lots 139 140 141 LRC.Builders LLC: Request to continue until October 21,2025 23 Planning Board meeting.Application for a Planned Residential Development Special Permit under Article 8 Supplementary 24 Regulations,Part 5 Planned Residential Development and Article 10 Administration §195-10.7 of the North Andover Zoning 25 Bylaw. The applicant proposes construction of a private roadway and three single--family dwelling units serviced by wells 26 and septic systems. Property is located in the Residential 1 zoning district. 27 J.Enright: Met on site this morning with the peer review consultant Janet Bernardo,Horsley Witten Group,the project 28 engineer and a member of the Conservation Commission. Reviewed the stormwater design and possible improvements to the 29 design.Applicant will be responding to the first peer review letter this week. 30 31 11 Marblerid a Road and Ma 37.0 Lot 56 Marble Rld a Farm LLC: Application for Limited Site Plan Review under 32 Article 8,Part 3 Site Plan Review and Article 10 Administration Section 195-1.0.7 of the North Andover Zoning Bylaw. 33 Applicant proposes use of the property to grow grapes,harvest grapes,the production of wine,and wine Castings. In addition, 34 accessory uses to the winery are proposed: guesthouse overnight rentals,wedding showers,rehearsal dinners,and other 35 celebratory private events. The site is located in the Residential 1. zoning district. 36 J. Enright: The Board can evaluate criteria including structure bulk,open space, layout,parking, lighting,drainage,waste 37 disposal,fire protection,and sustainability. Subsequent to the last meeting,a revised Temporary Certificate of Occupancy 38 allows for 83 occupants,wine Castings,two pre-booked events,and use of three guesthouses.A legal opinion regarding Dover 39 protection for accessory uses has been submitted by the applicant's attorney. The Building Commissioner has also submitted 40 an opinion regarding the accessory uses proposed and has determined they are protected(as described by the applicant)by the 41 Dover Amendment.The Building Commissioner determined the use as Cultural/RecreationallEnteitai.nment with a maximum 42 occupancy of 99 standing or 83 seated,and a minimum parking requirement of 25 spaces.The Parking Plan includes 35 43 spaces(12 paved,7 gravel, 1.5 grass with attendant for grass spaces). An abutter has submitted photos of parking that took 44 place on September 27th.A.draft decision has been prepared for the Board's consideration. Several abutter comments were 45 received and are included in.the meeting packet. The applicant has requested an amendment to Condition#21 in the draft 46 decision. 47 E. Goldberg: Explained that the Dover Amendment prohibits the Board from regulating the size of events,restricting noise 48 and business hours.Those items are appropriate for the Select Board during licensing.The Board will address conditions 49 regarding the guest houses and parking. 1 Town of..worth Andover .PLAIffI G BOARD Eitan GoldherR , Chain ~ ' Sean Kevlahan John,Simons � ,.... c+ do� b rr jr r Irate Kelly A # ',, IrfrJi��ff�%fit' Peter .Boyn ton 41 Tuesdav October 7 2025 7 .m, 120 Main Street Town.Fall North Andover AM 01845 50 P.Benton: Confirmed abutter comments received will be sent to the Select Board for review during the licensing along with 51 a copy of the approved decision. 52 B.Leland Frank DiLuna-Smolak&Vaughan,Ally.Proco io-Winer Dir.; Submitted a response to the abutter comments 53 (Tyler and Leland)so that the information may be shared with the Select Board as well. 54 Board: Reviewed submissions just received,having no comment or questions. 55 E. Gold: Opened the meeting to public comment. 56 Nancy Leland abutter,270 Great Pond.Road: Submitted photos of parking taking place on the property on September 27, 57 2025.Parking is not consistent with the parking plan submitted and reviewed by the Board;questioned whether a parking 58 attendant is present on site. Prefers to see the parking per the parking plan that was included in the application,which utilizes 59 buffering trees. Otherwise,the open parking is in full view and not screened. 64 J.Enright: Presented photos submitted by N.Leland. Explained that the area shown.in the photo that includes tables and 61 chairs is the location of the grassed overflow area for 1.5 parking spaces. 62 B.Leland: Explained that the area referenced as the grass overflow parking represents about half of it,and that the other half 63 is not depicted in this picture. Confirmed the photos submitted are accurate.Explained that parking area shown in the photos 64 is an open field.Applicant noted that 90 grape plants were moved to create screening between properties, including A 65 Tyler's.Additional layers of screening between the supplemental parking area and N.Leland's property include several rows 66 of the vineyard,four mature trees,a stone wall and Great Pond Rd. Supplemental parking is oriented further away from all 67 direct abutters and N. Leland's property. Supplemental parking is only used during wine tastings and not used for overnight or 68 long-term parking.On N. Leland's side there is a stone wall,shrubs,and detached garages before reaching her living areas. 69 Building Commissioner had no concerns with the supplemental parking arrangement, its use or location.Applicant has 70 reached out to Ms.Leland to address concerns with no response. 71 E. Goldberg: Explained that the plans submitted are strong and that the Board is prepared to approve what was submitted this 72 evening, is not ready to approve a change without further evidence. Encouraged applicant to adapt the plan to show full 73 intended parking areas. Communicated that the current parking plan was vetted and approved by all departments. Stated that 74 parking orientation,traffic flow,emergency management access is all critical and.this Board will regulate parking. we want 75 you to be in full compliance with your permit which currently shows 15 spaces. 76 F.DiLuna:Noted caselaw referencing reasonable regulations with regard to parking(and lighting)as one of the exemptions 77 the agricultural community appreciates. 78 N. Leland: Prefers the parking as shown.on the current plan due to better screening provided.The parking that's been taking 79 place is in full view. 80 E. Goldberg: Explained that the Hume case provided by Town Counsel was very helpful in identifying this under the Dover 81 Amendment;the parking,guest houses in conjunction wine tastings fit with the established criteria. 82 P.Boynton: Questioned whether the applicant can modify the plan to show how he envisions the parking to be.The town has 83 a very good emergency response system&department which they invest in for everyone's protection.If NAFD has an 84 emergency response to your property, they need to know where the cars are going to be; it directly affects their response in 85 order to help you. It's crucial to know the orientation of the parking and have the plan vetted. 86 J. Simons: Suggests the Board is ready to vote. Requested the applicant to comply with the parking as is and be done. 87 E. Goldberg:Explained that the Board can vote on the decision as it is,with the plan as submitted which has been vetted,or if 88 you want to move the parking orientation you can choose to redo the plan requiring a new review by all parties involved 89 costing time. 90 P. Boynton: Explained that if the parking plan shows dedicated parking areas and the cars are in a different place because 91 you're thinking it's an open field,but it's not what you put in the plan,that will.not work, 92 (7:30 p.m.)Chair suggested brief recess for the hearing in order for the applicant to make a decision regarding the parking 93 plan(7:30 PM).Board addressed remaining items on the agenda. 94 (7:36 p.m.) I I Marbleridge Road hearing resumed(7:36 PM). 95 B.Leland: Agreed to maintain the existing parking plan as submitted as part of the application to the Board. 96 Board: Reviewed the draft decision. 97 K. Kelly:For consistency, compared Building Commissioner's memo regarding how the Dover Amendment applies to 98 language included in the decision. Suggested wine tastings be pulled fiom Primary Use to Accessory Use and place on-site 99 parking in Accessory Use,Board agreed. Condition# 7:K.Kelly expressed concern for requiring guests at the cottages to 2 Town of North Andover PLANNING BOARD Sean Kevlahan Eitan Goldberg, Chair John S°inzons Eate Kelly Peter Boyn ton Tues!Lay October 7 2025 7 j2.in. 120 Main Street- Town Hall North Andover MA 01845 100 purchase alcohol,having to do with.public accommodation laws that are constitutionally protected to allow people to access 101 public accommodations without regard to religion,gender race,etc. with religion being one of them,is concerned that by 102 requiring the purchase of alcohol or even the tasting of it,the Board is running up against a protected use for people who are 103 of religious faith requiring them to be abstinent from alcohol, 104 J. Enright: Consulted with Town Counsel who is comfortable with the language as drafted. 105 E. Goldberg;Advised K. Kelly that she may make a motion to amend it. Expressed agreement with Town Counsel,keeping 106 the language as is.Expressed concern with losing Dover protections if supporting the winery in some manner is not a 107 requirement. Addressed the applicant,hoping they would accommodate guests if it was ever an issue. 108 K.Kelly: Concerned as a government entity the Board is requiring attendance at a wine tasting as a condition of someone 109 accessing a public accommodation. 110 Board:Agreed to leave the decision.as is. 111 S. Kevlahan: Suggested the Hume v. Planning Board of Monterey caselaw be referenced in the Finding of Fact;Board agreed. 112 E. Goldberg:Acknowledged the applicant's request to amend condition#21 in the draft decision.Asked applicant how he 113 would like Findings of Fact#21 to read. 114 B.Leland: Requested to modify the draft decision language to read,"If it is determined that additional screening is warranted, 115 the Planning Director and Applicant will work together to develop a plan to enhance screening where appropriate," 116 F.DiLuna:Expressed concern that after the statute of limitations runs out in order to appeal the decision another level of 117 conditions could be imposed,not by the Board,but by the Administrator(Planning Director), 118 J. Simons: After being on the Board for a very long time,that's never been a problem.Believes this to be an overstretch based 119 on past practices; it's overly scrupulous. 120 B.Leland: Communicated that he extracted verbiage from a 9/2024 Planning Board decision. 121 J. Enright: Explained that it is standard language included in many decisions. 122 E. Goldbe : Explained that the Board is very open to people coining back and having conversations with us;it's rare and 123 hardly ever happens. 124 MOTION: J. Simons made a motion to close the public hearing for Limited Site Plan Review for Marble Ridge Farm LLC, 125 P.Boynton seconded the motion. The vote was 5-0,unanimous in favor, 126 MOTION: J. Simons made a motion to approve the application for Limited Site Plan Review for Marble Ridge Farm LLC, as 127 amended. S.Kevlahan seconded the motion.The vote was 5-0,unanimous in favor. 128 K.Kelly and P.Boynton noted that their voted in support of the decision with concern.for potential conflict with religious 129 protections. 130 131 DISCUSSION ITEMS 132 2026 Planning Board meeting schedule 133 J.Enright: The proposed schedule adheres to the I"&3rd Tuesday of the month. Exceptions include: February&April school 134 vacation weeks(mtgs. Tues.I &4),May's Annual Town Meeting(mtgs. Tues.I &2),National Night Out in August(mtgs. 135 Tues.2&4), all elections, and religious holidays are as noted. 136 MOTION: P.Boynton made a motion to approve the 2026 Planning Board meeting schedule. S.Kevlahan seconded the 137 motion.The vote was 5-0,unanimous in favor. 138 139 Attoi•ne General office Annual Town Meetingzoning bylaw amendment's decision 140 J. Enri ht: The Attorney General approved Articles 23,24,25,and 26 of the 2025 Annual Town Meeting's zoning bylaw 141 amendments. For Article 22,concerning Accessory Dwelling Units(ADUs), several changes were made: 142 • Section 1.95.111(E): The requirement for a special permit for ADUs on preexisting nonconforming structures or lots 143 was disapproved and deleted due to conflict with M.G.L. 144 i Section 195-8.113(E)-Parking Requirements: The phrase"a minimum of was removed from ADU parking 145 requirements.Municipalities cannot require more than one parking space for ADUs outside a 0.5-mi.le radius of a 146 transit station,per the AGO. 3 Town of North Andover PLANNING BOARD Eitan Goldberg, Chair �~" Sean I�evlalian Kate Dell John Simonsis 01 i ,iI ';f «u. �' Peter oYn ton 41 Tuesdav October 7 2025 7 .in, 120 Main Street-- Town.Hall North Andover MA 01845 147 • Table 1--Summary of Use Regulations: The "N" indicating single-family homes were not allowed in Planned 148 Commercial and OSGOD districts was disapproved and deleted. The written bylaw narrative(prohibiting single- 149 family homes)will now control,as the table conflicted with it. 150 Sections 195-8.112(E)and 1.95-8.1I.3(B): These sections should be amended to explicitly exclude minimum lot 151 size requirements for ADUs;the Town cannot apply such requirements in the interim. 152 Additional cautionary language was addressed with Town Counsel and housekeeping warrant articles can be presented at next 153 year's Annual Town Meeting. 154 155 MEETING MINUTES: Approval of the September 16,2025 meeting minutes. 156 MOTION:P.Boynton made a motion to accept the minutes for September 16,2025. S.Kevlahan seconded the motion.The 157 vote was 5-0,unanimous in favor. 158 159 MEETING ADJOURNMENT: 160 P. Boynton: The Annual Lake Cleanup was successful with a good turnout; Conservation did a great job picking up the baton 161 from Planning. 162 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by P.Boynton.Meeting adjourned @ 163 7:54 p.m. The vote was 5-0,unanimous in favor. 164 165 MEETING MATERIALS: Planning Board Meeting Agenda October 7,2025,DRAFT Planning Board Meeting Minutes 166 September 16,2025; Staff Re vrt:251007 Staff Report;521 Dale Street Anthon and Lindsey Sallese: Engineer Cert. 167 Letter- 521 Dale Street,As-Built Plan—521 Dale Street,Approved Plan of Land—521 Dale Street-RI 411. Marbleridge 168 Road and Map 37.0 Lot 56 Marble Ridge-Farm LLC: Limited Site Plan Review: Previous Marbleridge Subdivision: 169 Recorded Plan,Decision, 1995 Conservation Easement Plan 12682,Hume Lake Christian Camps v Planning Board of 170 Monterey: Dover Caselaw,Draft Decision: Applicant Request 10.6.25,251007 Draft—LSPR Farm winery,251007 Draft 171 Decision-LSPR Farm winery,Application.: Applicant Attorney's Dover Legal Opinion,250827 LSPR Supplemental 172 Materials,250827 LSPR Application,250826 Bldg Comm Dover Determination,Abutter Comment:Leland—Parking 173 Photos:Marble Ridge winery parked cars#4,Marble Ridge Winery parked cars#3,Marble Ridge winery parked cars 92, 174 Marble Ridge winery parked cars#1,Marble Ridge winery designated parking spaces,251.007 Tyler—235 Great Pond Road, 175 251006 Luciano- Seigel—28 Marbleridge Road,250930 Leland—270 Great Pond Road,Final Supplemental Legal Opinion 176 Memo 9-25;251002 Bldg Comm Dover Determination,25098 Temporary Certificate of Occupancy,251007 Applicant 177 Response to Leland,251007 Applicant Response to Tyler;Stonecleave Road Map 104 Lots 139 1.40 141 LRC Builders 178 LLC:2025-10-07 planning board continuance request; 2026 Plannin2 Board meeting schedule: DRAFT 2026 PB Meeting 179 Schedule;Attorney General Office Annual Town Meeting zonin b law an decision: Cover Letter re AGO 180 Decision 9.2025,250910 AGO Bylaw Amendment Decision.. 181 4 EXHIBIT B SMOLAK & VAUGHANJFrancis A. oft 6'9. Esq. T: 978.327-5216 1~:.97g-327-52 19 ATTORNEYSAT L A W Miluna r@smolak'v44 an.com s' _ j 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.C.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 i 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 ll, 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 ("IT13"), 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 1) File M FD0011 1 EAST MILL,120 Water Street,Suite 401,North Andover,MA 01845 W W W.S MO LAKVAUCi HAN.COM ti i SMOLAK & VAUGHAN LLP f July 25,2025 i 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. i S 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 58 per cent of such prod(icts 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 7 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 rr ore 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, aquaculture, 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 I"and , 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 1 A provides: "Farming" or"agriculture"shall include farming in all of its branches andthe cultivation and tillage of the soil, dairying, the production, cultivation, , (00305124-vl) Page 2 of 6 S i SMOLAK & VAUGHAN LLP Ally 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, perfotmed 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. 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.Z s 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 I, 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 clear' 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 off the agricultural [emphasis added], mineral, forest, water, air and other natural resources is hereby declared to be a public purpose. l 2 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"what';Jhe words of the statute say" (citation omitted). Sheehan v. Weaver, 467 Mass. 734, 737, 7 N.E.3d (2014). Commonwealth v. Larose,,483 Mass. 323. 329, 37 N.E.3d 350. 368, 2019 Mass. LEX I 5 577. *8-9, 2019 WL 7503260, w (00305124;vl} Page 3 of 6 { SMOLAK. & VAUGHAN LLP July 25,2025 f The general court shall have the power to enact legislation necessary or ex e�o lent p 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 fo'r the acquisition by purchase or otherwise, of lands and easements or such Ether 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 q p p other purposes or otherwise disposed of except by laws enacted by a two t h irds vote, taken by yeas and nays, of each branch of the general court...." f In this instance Marble Ridge Farm has existed for 342 years,albeit not to the scale today. In 2914, 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 T�ust, 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 pis it exists today as a winery was hayed or mowed to maintained it as open space. (;See Exhibit F). A portion of the farm parcel is subject to the provisions of M.G.L. c. 131 49 and' the p J p § regulations at 319 G.M.R. 19.00. A driveway and a preexisting stream crossing Oxist 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-NRC$. 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 119- 39-inch root zone. (See Exhibit C). The area is not flooded or ponded and does nleet 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, t 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 Drained Till Uplands ecological site. Nonirrigated land capability classification Is 3e. This soil does not meet hydric criterla.(See Farm Conservation Plan.) (00305124-vl} Page 4 of 6 i SMOLAK & VAUGHAN LLP July 25,2025 According to the above, there are no restrictions relating to the establishmeOt 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 Jl§ 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, Bung�` low 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 1950's, as less labor was needed on the farm, Edmund 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 pertnits 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. Sev4eral 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 § s 0 concerning prior nonconforming uses protect the current and future uses of these wits. It is recognized that voluntary expansion or voluntary change of use of these units may be subject to reasonable regulatory compliance. F i I I {003 05124;v 1 I 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. Res ecffullv e , Mar idge Wine its orneAA , 1 i i ra s i Lu t i i i s i i ; i I 1 I. i {00305124;vl) Page 6 of 6 Exhibit A North Andover Assessor's Record Cards 037.0 0011 fl000.0 037.c-0011-0000.0 North Andover Card:1 of 3 7atal Card Total Parcel Map Lot Sub Sublot Parcel ID Bullding Location l l MARBLERIDGE ROAD APPR 652,2001 2,027,100 PROPERTY LOCATION IN PROCESS APPRAISAL SUMMARY USE+IMP 652,2001 2,027,100 11 MARBLERIDGE ROAD Use Code BuWmi 9 Yard -Land-S. Land Toil V USE LAND 01 0 NORTH ANDOgS MA 01845 109 121.6007 78.800 2.3 451 652 ASSESSED 652,2001 Z027,100 OWNERSHIP LEGAL DESCRIPTION C ATA L 15 wai►R*f.wG GOYIAriKCerr MARBLE RIDGE LLC 'h1-MARBLERIDGE-ROAD _____._.__.. Bu�ld1 Taal 121,6fl0 78 800 2. 451,800 fi5 Q JNORTH AND{3VER,MA 01845 ^*411� Pascal Total 1,496,500 78,8001 2.M 451,800 Z027,100 Source 0-Mkt-6gCost Tot Val 5F18 472.61 -Tat Val SF 263.1 Lot Size Total landl 2.35 PREVIOUS ASSESSMENTS Property ID:23561 Land-Unit Typel AC Tx Yr ,Cat- Use Bld Value Yard ltems' Land Size Land Total A Date 2025 FV 109 1,496,500 78,8W 2.35 451,800 2,027,100 2,027,100 2025/LDS 11/13124 3:3 11/13/2024 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 10/15/2024 UserA=ottht PREVIOUS OWNER 2023 FV 109 1,253,400 85,900 2.35 344,600 1,683,900 1,683,900 Year end 11/03/2022 M 7 7369 1THE KINGFISH TRUST 2022 FV 109 1,071 100 85 900 2.35 301,000 1458 000 1 ALM Q0Q Year End Roll 11/02=1 LELAND,ELBRIDGE C. 2021 FV 109 993,500 85,900 2.35 274,900 PO BOX 745 1,354,300 1,354,300 Year End Rolf 11102'12Q20 2020 FV 109 995,000 85,900 2.35 268,300 1,349,200 1,349,200 YER 1212012019 GIS Coord 2 NORTH ANDOVER,MA 01845 2019 FV 109 988, 85,900 2.35 268,300 1,342,900 1,342,90fl Year End Roll 09113/2018 232773 OS us Dale Prime 1213112024 4:01 pm MAItRAMUE nFSf"_*R§xMN SALES INFORMATION st ate erne is parcel contains 2.35 AC of land mainly das.safied rantor Legal Ref Type Sate Pride TSF Ved. NAL Notes a ro as MULTI HOUSE with a CONVENTIONAL E KINGFISH TRUST 17990-97 P 05/16/2024 100 No D A USER DEFINED COLONIAL building built about 1900,having primarily ELAND 11 ELBRIDGE C 17990-326 P 05/1612024 2,500,000 No D U CLAPBOARD Exterior and 1,380 Square Feet,with 1 - .LAND 11,ELBRIDGE C. 17656-255 P 12/30/2022 1 No D A PLAN#12481 Pri+ar D1a Residential Unit,1 Bath,5 Rooms,and 2 Bdrrns. ELAND 11,ELBRIDGE C. 17430-147 P 04/29/2022 100 No D A PriorlD26 OVER ASSESSMENTS INGFISH TRUST 17430-145 1 P 04/29/2022 1 100 No D A PLAN#12481 Code Amt.. Comm Int Am LAND,EDMUND 04145-0312 P I W14/1994 1 No D F PnorlD3a BULLOW PERMIT'S ACTIVITIES PribriD'lb Date urrrber Desc Amoun Closed Status T Last Visit Date Result PROPERT FACTORS 09/1512022 532 3,000 C 5 Weatherdi ation 0211412024 6 SKIP CHEN PriodD2b O8/31/2020 5464 2,17 C 5 eathed ation, 10/2712022 8 ICHELE KE Ile Code lberrii wade. °J� 12/17/2003 2003563 01/06/2004 C 0 07/23=03 NC ASSESSOR Prior1D3b Utz 1 Dis 1 NORT Uiit Dis 2 06l2612002 02563 90fl 000 07/1112002 C 1 6000 SO TI'S/F 06/10/2003 CO SKIP CHEN Dhq_3 04110/2001 2001143 53,000 C 9 MOVING BUILD PrioriD'1c 2ensu Zone 1 R2 100 04/1012001 2001143 53,000 06/22/2001 C 8 MOVE BLDG F.Haz Zone 2 0312.912001 2001113 2 200 C 6 SIDING: PriodD2c T Zone 3 0212312001 2001073 03/29/2001 C 7 LIFT HSE FOR `PriarID3o StreedP-PAVED HXJ 02/0412000 2000044 1,600 02/0412000 C 6 REROOF BARN MW M-MEDIUM 05119/1997 97225 12,000 C 4 NEW STRUCTU Assessor Ma Q511911997 97226 C 7 IDEMO 21 X22 B LAND SECTION {109) LUG[MULTI UC Desc AIt% FL #Units - th U.T L-T Ft Bass 12, Ad tVBG Ft Mod: in 1 % lrrt B 96 t 2 LU S LV.Jurrs L Ft; ales 109 ULTI HO 1 43,560 SF MAR 1 0 10 8 1 435,600 0 0.00000 1 435,600 109 HO 1 1.35 AG S1DU 1 000 12,0fl0 8 1 16,200 0 0.00000 1 16,200 Total 2.35 Totai;SFJSJ`iI 102,366.00 Parod LU 109-MULTI HOUSE -P_-NBC 8 To 451,800 Spt Grad' 0:0 T©# 451i88t} Disaaimer.This Information is believed to be correct but is subject to change and is Property:23561 Bld:25281 Seq:11 Year.20251 Data As Of Date:12/31120241 User.NorthAndoverMACL I DB:Assess50NoMOndo Parcel ID 037.C-0011-0000.0 Continents Sketch Exterior Information Condo information BLDG MOVED OF SITE 21 1/2 STY BARNS 4 FPUS Type: 15-CONVENTIONA Location.. NOT USEABLE 1425 ACRES see Stry t 2-2 STORIES Tot Units-: See Plan's#9458,12481,12482.12505 PL#12505 LOT EFP 1 d 14 12 �]Units 1 Tof 1 Fjoar Al C 160 Found 1-CONCRETE NC=NEEDS MEAS&UST% Own Flarr�e_ 1 Marne., _ --- _ __.- _. 02=CL kPBOARD��. -� 16 f�F _Sec Wail- Bath Features Res Breakdown Remodeling S 1� Roof ft 01-GABLE Fuf Bath '! -AVERA Floor lVo.Unit Rooms Bdrrns nor Roof.Cvr 01-ASPHALT Add FuU 0 Rtng 1 1 5 2 r 10 i2 3l4 Bath 0 RbV . view bchen Add.314 0 RbV Bath 36 Shape 1/2 Bath 0 Ring Ptumb- Frt. Ind Name Add 1I2 0 Rtng Bld Toter s f 0 Prd Total 3 20 8 Heatin Grade -FAIR Year 131t 900 Eff Yr Sher Features Cali Ladder Ge"eral Alt tUC Klehens.. 1 Ring -AVERA Base-Rafe 135.00 Depr 88,084 .kn'is Add fit.. 0 Ft" 8 a Adj 1.17971 Deped Total 121,640 20 20 Con Mod F 0 9 Con Adj, 0.97970 turfs Ft- 1.0000 WS Flues. 0 Pdng. Adf.Pro $156.03 SpeP Feahx.w. $0 Interior 11ation Avg Htl Fl De r9eciation Grade Ft. 0.75000 Lump,fin P.IntWaIll s-TYPICAL P OtherFeat $41,250 Final,Total $'121,600 hys Con -Fair 42 26 Spec Int Udall Functional NBH Mod 1.0000 Override Val Parb6on T-TYPICAL Economic NBC Infl 1.0000 Assmnt Ft 1.0000 P.Floor 8-HARDWOOD Specdal C-NewConst 0 LUC Ft 1.0000- Assessed Val $121,600 Sec Flpflr Q`nerride Adj Tot_Mcm) 209,724 Total$!SF $88.12 Mobile Home Bmt Floors Total 4Z°J�6 Dept,°J� 42% Undepr WSF 117.02250 :Make -Model Serial` Year Color .Sub Floors Bacot�e Comparable Sales Sub Areas Alt Areas Electric 3-TYPICAL9 Parcel:ID ype Sale Date. Price:,: Code=17esc NetAr+e�a Grass A F: S�Adj- Rage A Undepr;Val S.Area- Alt Type °7o At Tenants Qual 96 U FFL FIRST FLOOR 860 860 860 156.0 134,186 Insulation- 02-TYPICAL SFL SECOND FLOO1 520 520 52 520 156.03 81,136 Irrt Vs Ext Heat Fuel 06-WOOD EFP ENCL PRCH 340 340 0 27.39 9,311 Heat 09-AVG #Heat Sys 1 Heeded 100 AC x Sol HW-% cm Vac% Ar�g Rtn Ind:Va Buddin Totals 1,72 1,720 1, 1,380 224,632 Com vfty% Sprink% g Special Features I Yard Items Para 7btaf 10,4931 10,49 7,701 6,714 928,001 -.Code-Desk A IS -: S¢e Quale Con Year Unit . S 17epr% LUC Ft. NBC Ft Juris_ F°x:_ V Image 31 BARN D Y 1 5181.00 V AV 1988 12.00 T 36% 109 1 8 1 1 47,60 47,60 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 1988 8.00 T 36% 109 1 1 1 1,0 1,00 34 BANK BARN/L D Y 1 1250.00 A AV 1988 18.00 T 36;l 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 1,1 11 POOL l--V D Y 1 512.00 A AV 1997 18.00 T 27% 109 1 8 1 1 6,700 6,70 � Bua7dfr9 Tvs - Yard Itorn A , 78,800 speaer Future Ap 78,800 78,8 Parcel T Yerd temApp 78,800 _-Special,Feature App 78,80 78,89i41 Disclaimer.This Information is believed to be correct but is subject to change and is Property:2356 1 Bid:25281 Seq:1[Year.2025 t Data As Of Date:12/31/2024 1 User_NodhAndoverMACL DB:Assess50NorthAndo 037.0 0011 0000.0 037.G0011-0000.0 North Andover Card:2 of 3 Tonal Card Total Parcel Map Lot Sub Sublot Parcel ID @ullding Locationll MARBLERIDGE ROAD APPR 113,6001 2,027,1 DO PROPERTY LOCATION IN PROCESS RAISAL SUMMARY USE+MP 113,6001 2.027,100 11 MARBLERIDGE ROAD Use Code I�ding Val Yard Land Land 1lal Total°1fal USE LAND 0! 0 NORTH ANDOVER,MA 01845 109 113,600 0 0.0 0 113 6D0 ASSESSED 113,6001 2,027,100 OWNERSHIP LEGAL DESCRIPTION C A T A L I S MARBLE RIDGE LLC wDvwrt�p4 oav[RMM[[Mr. 11 MARBLERIDGI LOAD ------ NORTH ANDOVER,MA 01845 Bu d'm a T°Ial 113,fiO0 0.0 0 113 6OO PamelTonal = 1,496,500 78,800 2.31 451,800 2,027,10 Sanwa 0-Mkt Cost I Tot Val SF161 273.0 .Tot VIA SEEMI 263.15 Lnt Size Total-LAndl Z35 PREVIOUS ASSESSMENTS Property ID:2356 Land Unit'fpe AC Tx Yr Cat Use Hid Value. Yard Item ' Land Side Land Total Moles Date 2025 FV 109 1,496,500 78,800 2.35 451,800 2,027,100 2,027,100 20251LDS 11/13/24 3:3 11/1M024 Y TYpe 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=4 UserAccount PREVIOUS OWNER 12023 FV 109 1 1,253,4001 85,900 2.35 344,600 1,683,900 1,683,900 ear end 11/03/2022 M 23 0 937369 ITHE IQNGFISH TRUST 2022 FV 109 1,071,100 85,900 2.35 30 1458,00 1458.000 Year End Roll LELAND,ELBRIDGE C. 2021 FV 109 993,500 85,900 2.35 274.900 1,354,300 1,354,300 Year End Roll 11/02/2020 PO BOX 745 2020 FV 109 995,00 85,90 2.35 268,300 1,349.200 1,349,200 12/2012019 GiS Carord 2 NORTH ANDOVER,MA 01845 2019 FV 109 988,7 00 85,900 2.35 268,300 1,342,9 1,342,900 Year End Rog 09/13t2018 3- 5 US Print Date Tune 12/3112024 4:01 m SALES INFORMATION ime !s parcel contains 2.35 AC of land mainly classified r Legal Ref. Type: Dabe Sale TSB Vent. NAL Nafes apro as MULTI HOUSE with a BUNGALOW building built rELAND NGFISH TRUST 17990-97 P 05/1612024 100 No D A USER DEFINED about 1900,having primarily CLAPBOARD Exterior it ELBRIDGE C 17990-326 P 05116/2024 2,500,000 No D U and 416 Square Feet,with 1 Residential Unit:1 Bath, LAND 11,ELBRIDGE C. 17656-255 P 12/30/2022 1 No D A PLAN#12481 PriorlDla Rooms,and 1 Hdrm. ELAND 11,ELBRIDGE C. 17430-147 P 04129/2022 10O No D A 77 Prig O a OTHER ASSESSNIEXrS INGFISH TRUST 17430-145 P 04/29/2022 100 No D A PLAN#12481 Code esq. ELAND,EDMUND 04145-0312 P 10/14/1994 11 Nof D F Pnod!336 BUILDiU1G PERMITS ACTIVITIES PriodDI b : Dade umber Desc -Arno Closed -Stalus T e Notes:;= --Last-Vlsit- D96, Result PROPERTY FACTORS 02/14/2024 6 SKIP CHEN Nd Code lte Code. 10/2712022 8 MICHELE 10E UtiI 1 Dis 1 NORT 00107/23/2003 NC ESSOR PrioriD3b Util 21 pis 2 0611012003 CO S14P CHEN PriorlDtc Cep Zone 1 IZ2 100 Priori132c F.Haz Zone 2 low Zone 3 PriorlQ3c P-PAVED H T M-MEDIUM Exem Assessor Ma LAND SECTION (i09) LUC UC Dek Alt% Ft. #Units De U:T L T � Base V. �' P NBC Ft Mod: lnf:1 96 Inf � nF 3_9G -A r z L °�a S c�V.Juns L-Ft wed ales Total AC/ 2.35 Tafal�FISISII 102,366.00 Parve3 LU P�NBA To Spl_Cr�� 0.0 T Disclaimer.This Information Is believed to be correct but is subject to change and is Property:2356 1 Bid:2529 1 Seq:2 1 Year.20251 Data As Of Date:12/31/20241 User.NorthAndoverMACL I DB:Assess50NorthAndo Parcel iD 037-C-0011-0000.0 Comments Sketch Exterior Information Condo Information T. -BUNGALOW Location S W Hght.1-1 STORY Tut Unit Found 1-CONCRETE - From ____.-.__.:-�__�u._ r_.. .__.__.�-..._ __.._- - .�_._._�_-.__-__. PP;� -CLAPBOA1ZIX` Sacwad Bath Features Res Breakdown Remodeling ....Roof W 01-GABLE Full.Bath 1 Rtnq -AVERA F1ocr:: -Na.Unit tochis Bdrrns 99eriar: FFL Roof Carr 1-ASPHALT Add.Full 0 Rtng 1 1 4 1 f ntenor 1 g (4i8) t6 Caior Add. View 314 Bath 0 ::Ring. dr Mhen- .Add.3/4 0 Rtrig �axh Shape 112-Bath 0 Rtng Bid Nance Plumb Add.1J2 0 leg B k#Totai 1 4 1 Eleetrjc. Q#herFvc 0 Ring Prd Total 3 : 20 a. HeaUn Grade -AVERAGE Year Bit 900 Eff Yr. Other Features Calc Ladder Generai Ait LUC Mchens: 1 4;dng -AVERA Base_Rate 115.00 Dept 9,875 :0d, Add Kit.: Q Rang :Stye: 1.35000 Deped`�vtal - 113,562 t t W. Frn taxes 0 Rtng Co .Q..: 0.97970 JU. Fti. 1.D000 WS—Flume 0 Rtrig Pric: $152.10 Features. $0 EFP Interior l : � � (t44) Avg-Ht 1.Fl I preeiation Grade-FL: 1.00000 Lurnp Sum P.int Wagfi-TYPICAL Phys.Con- G-Very Good g O� Feat. $55,000 Ff T, V $113,600 Sec Int Walf. Functional NBH Mod 1.0000 0V4fl&_.W PartWon -TYPICAL NBC fofl 1.0000 nrttft 1.0000 E�orruc P_Fioor: -HARDWOOD Special LUG FL 1.0000 A sewed vaR: $113,600 ..Sec Fluor Override Adj Tot.uao,. 123,437 ToW tP§1:-. ; $273.08 Mobile Home Brent Floors Total 89� Dep�r B96 Undepr-$!SF 152.10000 iNalce Modes Serial Year Cobr Sub Floors Bmt Garage Comparable Sales sub Areas Alt Areas Code Desc Net Gross A. Fr Electiric -TYPICAL Farrel ID::.Type Sale l]a[t : Prise :: SzAdj A. Rate A Undepr 1ha1 S.Area Ait Type " Ait Tenants Qval` 9ro U FFL FIRST FLOOR 41 41 41 416 152.1 63,274 insulation 02-TYPICAL int Vs Ext. EFP EhiCL PRCH 144 144 a 0 35.8 5,162 Heat Fuel 6-WOOD Heat 09-AVG #Hwt Sys 1 Heated% 100 AC Sal.HW x CM Cam Vlfati*ASpank w K irid Val �7�Bug Totals 560 41 41 fi 68,436 Special Features 1 Yard Items Pairef Totals 10,493 10,49 7,70 6,714 928,001 Cade Oesc A JS S Qua1 Gun: Year' tJnii D1S : LW..: Ft NBC= -FL- ,,turfs Ft : t V. Image Bukrng T Yard.f App Special Feature App ParceE T Yard its aPPr 78,800 Specaif Feature-i4F 78,800 78,80 Disclaimer:This Information is believed to be correct but is subject to change and is Property 23561 Bld:252915eq:21 Year.2025[Data As Of Date:12131/2024 1 User.NvrfhAndoverMACL ❑B:Assess50NorthAndo 037.0 0011 0000.0 037.G001140000.0 North Andover Card:3 of 3 Toil Card Total Parcel Map Lot Sub Sublot Parcel ND Building Locationll MARBLERIDGE ROAD APPR 1,261,3001 2,027,100 PROPERTY LOCATION IN PROCESS APPRAISAL SUMMARY USE+WP 1,261,3001 2,027,100 11 MARBLERIDGE ROAD Use Code - 8ut74�g Yard ibe .Land-S' Land Val Tara!Val USE LAND 01 0 NORTH ANDOVER MA 01845 109 1 2fi1 300 0.0 ®1 261 300 ASSESS 1,261,3001 2,027,100 OWNERSHIP LEGAL DESCRIPTION C AT A L I S MARBLE RIDGE LLC AOYA�Cttu4 Qt7Vt RMMQ1tT [7G4GIpG CtTt2tFMY - _. MARBLERI E RGAO - 7BuN -Tam 1,261,300 01 0.0 0 11261,300 NORTH ANDOVER,MA 01845 Par+celTotai 1,496.500 78,800 2.3 451,8001 2,027,100 Source 0-Mkt Ad'Cost Tat Val SF 213.51 To#VaI SF Z63.1 Lot Size Total Und 2.35 PREVIOUS ASSESSMENTS Property ID:2356 Land UnitType. AC Tx Yr' -Cat Use- Bid 1lalue Yard Land Size_ Land Val Total Assessed Noes � Dataa 2025 FV 109 1,496,500 78, 2.35 451,800 2,027,100 2,027,100 20251LDS 11/13124 3: 11/1312024 - __ = cc Y TA 2024 FV 109 1,461,400 80,100 2.35 430,000 1,971,500 1,971,500 R"osting3:z* 2024FV by 10/15/2024 Use-Account PREVIOUS OWNER 2023 FV 109 1.253,400 85,900 2.35 344,600 1,683,900 1,683,900 Year end 11/03/2022 M 2327 9 73 THE IQNGFISH TRUST 2022 FV 109 1,071,100 85,900 2.35 301 000 1 458 000 1 458 000 Year End Rol 11/0712021 LELAND,ELBRIDGE C. 2021 FV 109 993,500 85,900 2.35 274, ,1,354,300 1,354 300 Year End Roll 11/02/2020 PO BOX 745 2020 FV 109 995, 85,900 2.35 268,300 1,349,200 1,349,200 YER 12/20120.19 8 Covrd Z NORTH ANDOVER,MA 01845 2019 FV 109 988,700 85,900 2.35 268,300 1,342,900 1.342,900 Year End Roll 09/13IM18 2 3.53405 US � Print date/ me 12/3-112024 4:01 pm SALES INFORMATION mere Is parcel contains 2.35 AC of land mainly classified Cantor al Ref' Type Date Sale Price TSF Verif. NAL: otes ro s MULTI HOUSE with a COLONIAL building built THE fQNGFISH TRUST 17990-97 P 05/16/2024 100 No D A 2002,having primarily CLAPBOARD Exterior LELAND 11 ELBRIDGE C 17990-326 P 05/16/2024 2,500,000 No D U USER DEFINED DE 'Ia - ,907.33 Square Feet,with 1 Residential Unit,4 LAND 11,ELBRIDGE C. 17656-255 P 12/30/2022 /I No D A PLAN#12481,1 Half Bath,11 Rooms,and 5 Bdnns. ELAND 11,ELBRIDGE C. 17430-147 P 04129/2022 100 No D A Pnod5N OTHER ASSESSMEPITS NGFISH TRUST 17430-145 P 04/29/2022 14114o No D A PLAN#12481 Code Am# Comm lnt Arri ELAND,EDMUND 04145-0312 P 10/14/1994 D F PriorlD3a BUHDING PERMITS AC IVY PriorlD'[b Date umber Deso Amo Closed Status a Notes Last Visit Date `Result PROP ERTY FACTORS 02/14/2024 fi KIP CHEN p�riDb ite Code Item - Code � 10/27PL022 8 1CHELE KE Utl 1 Dis 1 NORT 00 07MI20M NC ESSOR Pri�D3b. UN Dis 2 0611012003 CO SKIP CHEN PnodDI c Dis.3 Census Zone 1 R2 100 PnorlD2c F.Haz Zone 2 -TOW Zone 31 Priod!33c §kAP-PAVED HA LraMM-MEDIUM Assessor Ma Exem LAND SECTION (109 l<UG UC Desc AI# ht. #Units- D U.T L T Ft Base-V k - A_j P :NBC Ft Mod. In 1 S lnf 9 nf3-% 2- % S L.V Juris-L FL Assessed Notes TortaN AC/HA 2.35 Total SFlSM 102,36fi.00 Parcel LU P-.;NBC D T Spi 0• Tot Disclaimer:This Information is believed to be correct but is subject to change and is Property.2356 BJd:25301 Seq:31 Year.20251 Data As Of Date:12/3112024 1 User.NorthMdove°rMACL I DB:AssessWNorthAndo Parcel ID 037.C-0011-0000.0 Contmenfis Sketch Exterior Information Condo Information Type:::06-COLONIAL Location S`.!+ -2 STORIES Tat_Llr - (U+r)Unb1 Tot 1 F Fcwtd 01-CONCRETE %-Own: 02� gaaD I----........ Bath Features Res Breakdown Remodeling 4 14 4 1 Roof tr 01-GABLE Fug Bath 4 -VERY G - Floor No.Unit Rdonas Mint E erior 13 (3$) BAi* 15 Roof� 01--ASPHALT Add FA 0 f;6, 1 1 11 5 Interior 3 13 s (1$ 1 i 4 f S 'Cokx - Add. 314 Bath 0 l Jew # tg d i 3 3 iD Add.314 0 RbV spa f3 OFP 1 Bat - 1 ttng V-VERY G SFL Pt[ri7nb�: (720 Bid Name 1Q i5 :Add 1 : 0 Rtng BIT 7 11 5 :Elegtric' 7 F� Otti fF 0 Rtrig- Prof Thal S 2 8 fleatiiin QF Graele -VERY GOOD 1#134f3) 1a 1S 27 Year Blt Eff Yr Other Features Cale Ladder General 4 15 4 AIt LCIC_ [�Ad he�ns 1 Ring -VERY Base Rafe 140.00 ©epr. 44,394 6 iS d:lC: 0 Rfng ire Ad j 0.76267 Dee d 7 a1: 1,261,321 4 53 Con Mod ass 3 Rtng V Can 14d] 1.01000 June F� 1.0000 Floes 3 Rtng: V $107.84 Iftiot Act Spy-Fatmes $v Avg=M-1>q Depreciation !d f.s0oo�o [.�irr , uM. P.in#Vft B-TYPICAL .Phys Con G-Very Good 3.4 O'ther Feat $289,812 Final Tatad $1,261,300 Sec Jrd wad Fur oral NBH.Mod .: 1.0000 Vie.Vat Parnfron -TYPICAL NBG fl 1.0000 Assmit Ft 1.0000 P.Floor 8-HARDWOOD Special` Luc Ft. 1.0000 .Assessed $1,261,300 Sec Floor Override Adj Tat 1,305,715 Total (5F $213.51 Mobile Home BRrt Floats fatal 3.4°� Dept : 3.4°yo LFndepr$JS 172.54400 Make` Mode[ Serial:. Year: Odor Sub Floors Comparable Sales Sub Areas Bmt Garage. Alt Areas Parcel'l Sale Date Price :Code: De- Net' Gross.A. F.'. 5a A:...:FW6A 1:1, r lfal S Ares Alt T AIl- 'enar�ts C 9 U Mttt3-TYPICAL9P YPe lr�ulatlon 02-TYPICAL FFL FIRST FLOOR 2,41 2,413 2,41 Z413 107. 260,218 BMT RRM 41 0 G 'I00 Int WI E)d SFL SECOND FLOO 2,413 2,41 2,41 2,413 107. 260,218 Heat F06f 02-GAS BMT BASEMENT Z413 2,41 0 37. 91,187 1-f eat 3-FORCED H1W BAY BAY 92 92 92 i 07. 9.92'i 4 Heat:Sys 1 OFP OPEN.FRM PRC 882 882 0 0 15.18 13,389 Heated x 100 AC 100 -Sol l f11N c CM Vac% Corr 1NaA xSp6nk Avg [nd'Va Buuding Totals 8,213 8,213 5,907 4,918 634,933 Special Features 1 Yard ftenls Parcel IT, 10,493 10,493 7,703 6,714 928.001 Code__ : A: IS Sipe Qual Con Mean: ::Lirut P D!S De ° ..1_UC:. Ft NBC Ft Juris Ft:: pr Va linage n9 v7als Ycid f#etn_ppr Special Feature App Parcel Tbltals - Yard ftrnm Aw 78,8WJ Special.Featare-App 78,800 78, Disclaimer.This Information is believed to be correct but is subject to change and is Property:23561 Bid:2530 Seq:3[Year.20251 Data As Of Date_12131/20241 Laser.NorthAndoverMACL E DB:Assess5ONorthAndo Exhib it 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,PERMIT 2.DATE OF PERMIT (Under Federal Alcohol Administration Act) 08/24/2021 3 5.NAME AND ADDRESS OF PERMITTED(Number and street,city or town,State and Zip Code) 3.REGISTRY NUMBER(if applicable) MARBLE RIDGE FARM LLC B1NN-MA-21109 4.DATE OF APPLICATION 08/03/2021 11 MARBLERIDGE RD NORTH ANDOVER, MA 01845 0 a � 6. TRADE NAMES AUTHORIZED BY THIS PERMIT (Trade name approval does not constituteO approval as a brand name for labeling purposes. If needed,list on reverse or use continuation sheet.) i 7.PERMIT GRANTED FOR(ONE TYPE OF OPERATION ONLY) Pursuant to the appllcatlon of the date Indicated in item 4,you are authorized and permitted to engage,at the above address,in the buslnea&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. ® 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, i 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 appllcatlon 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 fled,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. A THIS PERMIT IS NOT TRANSFERABLE. ANY CHANGE IN THE TRADE NAME,CORPORATE NAME,MANAGEMENT OR ADDRESS OF THE 4 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 LfJ6 QRIGINAL PESMIT LJ AMENDED PkRMIT REASON FOR AMENDMENT DATE OF AMENDMENT f 1 SIGNATURE AND TITLE OF AUTHORIZED TTB OFFICIAL Specialist TTB F 5170.2(112005) i s CG S-c°0 . Commonwealth of Massachusetts + a {� ,� 0 - �\ °.�•.� Office of the State Treasurer 1 *°' Alcoholic Beverages Control Commission �J73SacHus..oti`' 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 o' &,P,- Jean Lorizio,Chairman Crystal Matthews,Commissioner Deborah Baglio,Commissioner License Number: FW-LIC-000197 Record Number: 20 24-000111-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 O.A Commonwealth of Massachusetts w: 0 ;e CJ0 'e, 0. Office of the State Treasurer '0 .�t Alcoholic Beverages Control Commission 4A 0 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 3YKM3'1 Related License: MARBLE RIDGE FARM LLC ABCC License Number. FW-LIC-0001 97 License Type.- Farmer Winery Approved by the Alcoholic Beverages Control Commission on December 26, 2024 o Jean Lorizio,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 Exhibit C Conservation Plan } i i USDR Conservation Plan ELBRIDGE LELAND Il 11 MARBLERIDGE RD NORTH ANDOVER,MA 01845 a OBJECTIVE(S) } Client's goals are to malntaln 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 eta Well.The client has plans to expand crap production In coming years,They ar®also looking to address the spread of lnva®lve plants slung field and road edges, install the conservation practices,enhancements,and activltles 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 log6l 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 surfaco.water,to reduce particulate matter and precursors,and reduce greenhouse gases. Field Planned Month Year Applied Amount Date Amount a 2 0.6 Ac 01 2022 -- Total: 0.6 Ac A -- -- -_ i Mulching(484) Basic Mulching-Apply plant residues or other suitable materials evenly over the land surface to achieve a minimum of 70%grounitl 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 wlidllfe habitat evaluation in Icates a benefit In altering the current vegetative conditions(species diversity,richness,structure and pattern).Implementation will meet m nimum NRCS planning criteria of"50"percent of the habitat potentlal for the species of concern""as Identified In a State-approved hablta evaluation z protocol(e.g.,Wldlife Habitat EvaluMlon Guide). 1 i i r 2 I f Field Planned Month Year Applied Amount Date t Amount 2 0.1 Ac 01 2022 - s Total: 0.1 Ac -- - i Farmstead ract;1699 Brush Management(314) Brush Management-Remove woody(nonherbaceous or succulent)vegetation including invasive and noxious species using mehanical, chemical and blologlcal methods;either alone or in combination.Brush management will be applied In a manner to achieve the Jeslred 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 -- -- f i i r i ,y i I i I i 1 I i i I f 3 j i CERTIFICATION OF PARTICIPANTS i. ELBRIDGE LELAND II DATE CERTIFICATION OF: DIgItally sIgnad by ROBERT ROBERT PURCEI, L PURCELL Date:2022,08.0516;33:17-04'00' CERTIFIED PLANNER DATE i i t 4 i. S 4 f 3 i i I 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 45/0.75 minutes per response,Inclolding the time for reviewing Instructions,searching exlsting 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 famish 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. t USDA NON-DISCRIMINATION STATEMENT The U.S.Department of Agriculture(USDA)prohibits discrimination against its customers.if you believe you experienced dlscrlminatlon 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 ofjhe 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 informatlon,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 dlscrlmination,complete,sign,and mail a i program discrimination complaint form,available at any USDA office location or online at www.jscr.upda,00v,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 Centee at(202) 720-2600(voice and TDD). y { f i 5 Exhib it D Massachusetts Department of Agricultural Resources' Agricultural Law Memo ALM 1 0- 05 & Checklist MASSACHUSMS DEPARTMENT OF AGRICULTURAL RESOURCES Agricultural Law Memo ALM 1 0=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 Pro ert : 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 As ects: 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? (5) 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.C.L. c. 128, Sec. 1A, c. 40A, Sec. 3, c. 61, c. 51A, 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. IA 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;v1l 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 ales tina tion. 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. 100136356;v1l 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 properly 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 fasting or minimum wine purchase or farmlvineyardlwinery four, 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?+ 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 1800s 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. t00136356;v1) Exhibit I Alison Anderson's Letter Demonstrating Compliance with M.G.L.c.,40A, Sec.3 Alison Anderson kkee 1210&gu-naLt,:. 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, LI.C,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 Form LLC satisfies the requirements for the agricultural exemption under Massachusetts General Law Chapter 40A,Section 3,also known as the"Dover Amendment:' Specifially: • The business Is engaged In the primary use of agriculture, forming, 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 sates 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 then 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 laws. If questions, please contact me at the above email. Alison E Anderson Accountant puL,,Ioq •0 oi?pljqla jo IlAppgjV � �j c[I-I x � Town of North Andover Technical Review Committee Marble Ridge Winery AFFITDIVIT OF ELBRIDGE C. LELAND IN SIPPORT OF MARBLE RIDGE WINERY 1. 1, 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. 100305026;vl}Page 1 of 2 1 1. 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: r ridg . Leland {00305026;vl)Page 2 of 2 Exhib it G Short Term Unit Listings Listing name t Winery Farmhouse wl Private Hot Tub&Wine,,. Vineyard Retreat---Experience the elegance and... j r Wine studio w/Private Hot Tub,Fire ace,Tastin Winery Ri g *a North Shore Favorite!*This former art styidic is... Luxurious Bungalow at Boutique Winery w/Tasting Escape to e:jr -story Bungalow,perfect for couples,friends... Exhibit H Commonwealth of Massachusetts 2021/2022 Room Occupancy Excise Registration Certificates i 5�►�Nt[a Commonwealth of Massachusetts Later ID:L 1144344768 Department of Revenue Notice ■ "t e Date.June 2l,2Q21 ❑ Geoffrey E.Snyder,Commissioner Account ID:ROC-20361692.002 mass.govldor ROOM OCCUPANCY EXCISE REGISTRATION CERTIFICATE ELBRIDGE LELAND iI 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.govlmasstaxconnect 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 MASSACHUSETTS DEPARTMENT OF REVENUE m Room Occupancy Excise Registration Certificate This registration must be posted and visible at all times. g MARBLE RIDGE FARM LLC Account ID: ROC-20361692-002 t 11 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 i 5 Commonwealth of Massachusetts Lettcr ID:L0692487872 • . Deparbnent of Revenrie Notice Date:ate.February z,2022 R Geoffrey E,Snyder,Commissioner Account ID:RUC-20486939-002 mass.gov/dor ROOM OCCUPANCY EXCISE REGIS'T'R.ATION CERTIFICATE y MARBLE RIDGE COUNTRY ESTATES LLC y l I MAR13LERID+GE RD yl NORTH ANDOVER MA 01845-303I ram.. 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 rnass.gov/nnasstaxconnect 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 .w�iw w-ww w w�i��w w�liw w w��.-w iw�w�1 w'�liw w i...r��w,w.�w��w i�w wl-�Mt-w,-.w 1-r.-w�rl��..r�•w-��n.�.swr�.�r rpwiw�1 Yn�rr�ww w w�I r w�iw wiw.11�.�.iw wt�w I�.�w�w r..r�Ifl��1�riw i r.ii.�.rr.-��1:n.�.1.+--�.w r.-^i-11..w�w�+s�1 i MASSACHUSETTS DEPARTMENT fF REVENUE Room Occupancy Excise Registration ertifli cat Y �►, This registration must be posted and visible at ab times. -O g MARBLE RIDGE COUNTRY ESTATES LLC Account ID: ROC-20486939-002 1 I MAR.BLERIDGE RD Certificate Number: C0344672100 NORTH AND►OVER MA.01845-303 I 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 Utter ID:L0487876544 MM Department of Revenue Notice Date:Octobcr 21,2022 Geoffrey E.Snyder,Commissioner Account ID:ROC-20486939-002 �Y r Olt mass.govldor ROOM OCCUPANCY EXCISE REGISTRATION CERTIFICATE gill�� i ��,i1'11111if�� 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.govlmasstaxconnect to view and reprint 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 errr+..�arr.—rr—rrrrrrr—�rar�—rr frrrr—w�rrr�—�-.�rwrr—r--r—r--��—rr--rrra�—+—�*�r—�.-^w.-rr�—w—rr��—wrrr�-r--ra.--frrr�—rrrw.rrrwrr�s—rai..r�—�....rrrr��w—rr MASSACHUSETTS DEPARTMENT OF REVENUE Room Occupancy Excise Registration Certificate •p �' Nr o s registration v�` This 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 Genera! 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 EXHIBIT C PA U L H TC I IBI S BUILDING COMMISSIONER Town Hall 120 Plain.street North Andover, MA August 2 , 225 Francis A. DiLuna, Es . Smolak & Vaughan 120 Water,Street, ,wits 401 (East Mill) North Andover, MA 0,1845 c/o, Marble Ridge Farm LLC 11 Marbleridge load North Andover, MA 01845 RE MARBLE RIDGE OARM MGLc.4 A, §3 (Dover Amendment Dear Attorney ku'na; This letter servesas a determination by m , as Building Commissioner of orth Andover regarding the applicability of the Dover Amendment M.G.L. c. 4 A, §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 2 , 2025, According 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 home built in 2 4that houses the winery peration's i,,nthe. basement and where the owner lives, and several barns andOutbuilding's that date back tothe 1700 and 1. '.s. Th.e non-residential buildings primarily#;serve the farming operations. Approximately I 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,4A, §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: 0 Marble Ridge Farm L,LC is a recognized farm as defined by M.GL c. 40A, § 3. 0 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,. a There are also, however, proposed accessory uses to the winery: bridal showers, wedding showers, rehearsal dinners, and overnight guest house rentals. While the Dover Are 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, 4, 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 fling 4 within 30 days of the TJ ling of this letter. SincereIV-1 Pau(I tchins, Building Commissioner 2 EXHIBIT D PAUL HUTCHINS BUILDING COMMISSIONER = hw _._.. ............:,::: Town Hall 120 Main Street North Andover, MA E October 2, 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 Supplemental Determination of the August 26th 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 25, 2025, as well as the second submission dated September 25, 2025 "Final Supplemental Memorandum." 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 2004that houses the winery operations in the basement and where the owner lives, and several barns and 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 108 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. ■ The 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 proposed accessory uses to the winery, as specifically discussed in your August 26, 2025 Final Supplemental Memorandum: "private wine tasting events;" "overnight farm winery stays;" and associated, on--site "parking" of which are all bona fide accessory uses that are components of the winery, and support and "facilitate the functioning" of the winery. For this finding I rely on Hume Lake Christian Camps, Inc. v. Planning Board of Monterey, which states that there is no requirement that a proposed use be intrinsically a "lover use" (in this case an agricultural use), but rather, the lover exemption can "also encompass a variety of accessory uses that, while not inherently [agriculture] in nature," are of a broader agricultural project, and facilitate the functioning of that project. See: Hume Labe Christian Camps, Inc. v. Planning Board of Monterey, 492 Mass. 188, 196 (2023). Here, the wine tasting events and overnight stays, as well as the on--site parking, are all inextricably connected to and supportive of the winery business. The primary purpose of these accessory uses is to be part of an overall winery business, in the same way that "'a church parking lot' can be said to serve a religious purpose, . . . [or] a snack bar on a school's softball field may serve an educational purpose." Id. For example, the overnight stays are part of a wine tasting or wine purchasing package. The parking is only for those attending wine tasting and wine purchasing events. As the goal of the farm is to sell wine, each of these accessory uses has the same primary goal. Although not specifically addressed in your August 26, 2025 "Final Supplemental Memorandum,"there were other small-scale celebratory events discussed in your presentation and some of your other materials. The events discussed included bridal showers, wedding showers, rehearsal dinners, and weddings. So long as the overarching purpose behind each of these events is the promotion of the winery and the sale of your wine, such events and activities will also fall under the protection of Dover as accessory uses. ■ All of these events are limited in their maximum capacity to: 83 persons seated or 99 persons standing. In either case there is a maximum of 35 parking spaces, as detailed on the submitted Parking Plan. ■ All primary and accessory uses must still fully satisfy other licensing requirements for noise, liquor, or health and safety. Accordingly, entertainment licenses, state and local alcohol licenses, and state building code permits, and North Andover by-laws pertaining to food and health inspections all apply to their full extent. 2 Limitations: My findings and application of the Dover Amendment are not absolute. specifically reserve the right to amend my determination based on the following: • the accuracy of all materials submitted to myself and to the Planning Board; • 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 bylaws; 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. Sincerely, 4)ulHutchins, Building commissioner 3 EXHIBIT E 9 K � i FR At Town of North Andover = Office of the Planning a a amen Com"Mun'llity Development and Servii1cles Division :® 120 Main Street 1 forth Andover,Massachusetts 011845 ±. 1 r:.• NOTICE of DECISION' LEYHTED SITE PLAN N This is ced4 that twenty days have elapsed from data of d cisib Date: October�wbout filing of are appeal. Date - IIIIIII' Date ofHe;ar September 16,2025, Cara Dne arrr October ", 2 ' 5 Town Clerk Date ' eeianoOctober 7,0 2025 Petition of: Marble,Rid, �le Farm LLC (d/b/a ,, a new 11 ar` Ile ddge woad Fort A d o er MA 01845 'demises Affected: I I arible ldge Road and Map 03 7+ 'Lot 561 Fort A ad over NU 01845 Referring t .the above application for Limited Site Plan Review under Ch.40 A. Section and ilc.e 8, Part 3 Site Plan Review and isle 10 A4dministration.Section 195-10.7 of the North And,o, er Zoning Bylaw. Applicant proposes use of the property to grow grape,',harvest grapes,and the production of"wine. In addition, aocesso uses are proposed: guesthouse o omight,rentals,wedding showers rehearsal dinners, other celebratolry private events, on-site parking, and wine tasting. The site is located in ee J .esidential i zoning district. After a public hearing given on,the above dates, and upon a motion'by y . S; ons and 2na y S. Ke riahan to APPROVE the Limited Site Plan Review decision as amended and subject to the following conditions. emote was 5-0 in favor of the application,,. Jean Enright On behalf'of the North Aodover1a nX Board, itan Go dberg, Cha,trman, Sean: K e'v"l an, Peteir Boynton JOhII Su nsll u Kate Kially ' T A True Copy �� II Town Clerk B,k, 18 4 2 5 Pg2 0 6 #19 O 8�,211 I'I 'Marbleridge Road and Map, 0137.1CLot 56 Lmited Site Plan Review Fam Wffiery 01c,tober 7,,2025 The 'larming Board herein APPROWS the Limited Sfte Plan Review decision to allow for the use Of the property to grow grapes,harvest grapes, and the production of wine. In addition, accessory # V �J uses are approved: guesthouse overnight rentals,wedding showeris rehearsal dinners, other celebrator ry private events, on-site parkm* g and wine tasting. The site is locateld,in,the Residential I zoning distTlicti., The,Proj ect is located at 11 Marblieridge Road Nap 03 7 C Lot 11, ) and Map 03 7.C Lot5 6.,North Andover,Massachusetts,, 0 1845.This Limited Site Plan Review decision was requested by the Marblie Rid,�ge ann LLC(d/b/a Mar bl �,e' d1ge'Winery), I I Marbleridge Road,North Andover,MA 0 1845., The F �Ri I app il,ication was filed by the Applicant with the Planning Board on-Auguist 27,2025. The Applicant I submitted a complete application, , which hich was noticed and reviewed in,�accordance with the requirement's of the North Andover Zonm* g Bylaw,,Article 8 Supplementary Regullations,Part 3 Site Plan Review,,Adticle 10 Administration Section 195-10.7 and MGL Ch.40A,Sec 9. The�pub is hearing on the above ref ere, i p ncied application was opened on September 16,2025 and closed on October'7131 2025. The Planning Board voted by vote of 5-0 to grant the Limited,site Plan Review permit. This decision specifically stated by the'Planning Board me es ffie fol"lowm" g IINTDINGS OF FACT: FINDINGS OF FACT ,1) ubJSectionThe Project is considered an agricultural use, and is;s ect to MGL Chapter 40A 13 otherwise known as the"Dover Amendmenf'(see let tiers dated August 26,2025 and October, 25 2025 ftom Paul Hutchins,Building Commissioner,to,Francis A. Di Luna, Esq. Smolaki& Vaughan). As such,,,,the Planning Board's authority is lHoniteld to reasonable consideration of structure bulk,height,yarld sizes, lot area, setbacks, oplen,space, parking and building coverage. 2) The Building Commiiss'111,ioner s. Summary of Findings, detailed M* his October 2, 2025 memo, includes the followm" 'Ig fmidings (smnmaxized): • Marbleridgle Farm LLC is a recognized farm, as,defined by M.G.L. c.40A § 3. • The Primary and dominant use of the property,is,gro`wffig grapes,harvesting grapes'. and the proidu ction of wine. i • So long as,the overarching purpose behind the proposed accessory uses discussedIn, presentations and,other materials(marine tastingls,,,parkIng,utilization of guesthous�ies., small-scale celebratory events(ex.: bridal showlers,,wedding showers,rehearsal, dinners, and,we dings} is the promotion of the wm' ,ery and the sale of wine, such, events=d,activities will also fall under the protection of over as accessory uses. • All of these events are limited to 83 persons seated or 99 persons standing. In either case there axe a miaximum of 35 parking spaces,,,as,detailed on the submitted parking, plan. • All prim and accessory uses must still fully satisfy other licensing requirements for noise,,, l'i quor,,or health and safety. Accordingly,, entertaiment licenses, state and, local alcohol,licenses, and state building code�permits,and North Andover bylaw's ,P pertaining tio,foloid and health inspections all apply to their fall extent. I • In conclusion. Pursuant to M.G.L. c. 40A§3�,,the,proposed project is exempt: oil n local zonin I M1g by aws that other rise may pro hillbit,regulate, or restrict its use. As,such,, the petitio ner"s.application may proceed a-lim unde, I 11 ,r ited site plan review. 3) The specific Site i pro priate location for such a,use, structure or condition. 2 4 2 5 Pg2 0 9 0 8�,211 11-Mar bleridge Road and Ma 3TCLot 56 Limited Site Plan Review Farm Winery Oictio'ber 7,2025 The specific Site 'is,an,appropriate location for the use as Marble Ridge Farm is a legacy farm, dating back to the,late 1116100s. Originally,Marble Ridgie'F&=consisted of over 200 acres, from the Old Center to the North Andover Country Club and served as one of the IF j 5 many community's ftu* y forms. Currently,the property conslsts,of ust over acres with original barn structuries,where the family has held constructilon/contracting businesses and rentals that have operated,for the past 40 years. The Site is located in the Residential I Zoning,, district. ,4) The use as develmileid,will not adversely affect the nei,gh orhood character. There is no change;to,existing structures or Site elements. ',In,2020,the Petitioner staxted tTansitionm* g the Prq ems,back into a working farm as a farm vm* eyard and winery—to 11eian ,P I into the Property's,historic roots, conserve land and resources, and create an asset for the community. ,5) There will be no nuisance or serious hazard to vehicles or destrians. The Applicant has,demonstrated consideration for Site,safety for pedestrians,vehicle movement 2 d'elivery vehicle routes, emergency respon,s�le access and handicap access. 6) Adeauate and mrolvmate facilities will be provided fol, the proper eration of the prgaosied r .l -op use. The Project is adequately serviced by necessary facilities and utilities to address the needs of the.Project. 7) The use is in hann,onlwit'h the general p=ose and 'intent of this Zoning Bylaw. The Project alto ws,for the use of existm' g access,adequate,fire/safety access, and causes no harm to any resource areas. 111 8) The Project limits,ll' e outside of any Wetland Resource Areas and their associated buffier zones. 9) The parking requIrement for the Project is 2 5 parking,Spaces. The Petitioner has provide d a parking plan depicting'315 parking spaces. 10) The Site consists of a newer main home built in 2004 that houses the winery operations in,the basement and where the Property Owner lives,and several bams and outbuildings that date back to the 1700 and, 1,'8�10,Os according to the No Andover,Historical Society. The nori- residential buildings,prmiarily serve the fanning operat'411ones. On the ground level of the main barn is a 1,250 square foot tasting room and private,event space. There exists three rental, Bun, l units on the winery,parcel: Stadio Guest House,, 19 Guest House,alow 2 and lee Houses Fann douse. According,to the North Andover Assesisiors Office data, each structure existed, prior to 1900. Sometime in 2021 and thereafter cosmetic huprovements were made to,the, interior of the units and they were advertised as guesithouses at the winery. 11) Approximately 1-acre is,'currently planted with 198grape vines. The grapes are processield 1 1 ' tt an-s bo led,corked, labeled, d, into wine on-site. After processing operations,the wiline l packaged on-site. 12) Marble Ridge Winery''is,approved by the U.S.Department of the Treasury—Alcohol and, fates Tobacco Tax and'Traide'Bureau,,,the Federal entity that re1gu iates the production of win e, as, well as the Co=, onweialth of Massachusetts' Office of the State Treasurer Alcoholic 3 Bk 18425 Pg208 #19082 11 Marblend Road and Map 037.0 Lot 56 United Site Plan Review Farm `merr October 7,2025 Beverages Control Conunission,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. 13) The application was reviewed by Town staff as evidenced by email communications from Amy Maxner, Conservation Administrator, dated September 11,2025,Lt. Tim McGuire,Fire Prevention Officer,dated September 15,2025,Paul Hutchins,Building Commissioner, dated August 28, 2025, and Brian aGrasse,Health Director, dated September 2, 2025. 14) The Applicant's attorney,Francis A.Di Luna,provided two legal opinion memos regarding compliance with the Dover Amendment(see letters dated July 25,2025 and September 25, 2025). 15) The Board, having heard from Town Counsel and,having relied upon case law fmd ngs in the Hume Lake Christian Camps,Inc-v. Plannffig'hoard of Monterey(SJC 13 3 6 5)fmd,s that the proposed accessory uses are protected by the Dover Amendment. FINDINGS OF FACTS and DETERNMATIONS UNDER LE�MED SITE PLAN REVIEW The purpose of Limited Site Plan Review is to ensure that all uses subject to MGL Chapter 40A Section 3,, otherwise known as the"Dover Amendment"are reasonably regulated in regards to bulk and height or structures and detennining yard sizes,lot area setbacks, open space,parking and building coverage requirements. The Planning Board has the authority to place reasonable conditions on the aforementioned issues but are not permitted to withhold approval of Limited Site Plan Review where there is an 'Inability to satisfy proposed reasonable regulations. In reviewing the Limited Site Plan Review application for Dover Amendment protected uses the following issues shall be considered: a) Relationship of the bulk of structures and adequacy of open spaces to the natural landscape,existing buildings and other community assets in the area and compliance with other requirements of this Bylaw,which 'includes,but is not Ifinited to,build ffig coverage requirements,yard sizes, lot areas and setbacks; There are no changes for existAng structures or additional,structures proposed on the, S ite. b) Physical layout of the plan as it relates to convenience and,safety of vehicular and pedestrian movement within the site,the location of driveway openings in relation to traffic or to adjacent streets and, when necessary, compliance with other regulations for the handicapped,mm* ors and the elderly-, The Project utilizes an existing access/egress drive and is situated along Great Pond Road. The parking plan prioritizes use of 12 paved spaces, secondary parking on 7 gravel spaces and 15 overflow parking spaces on grass.A parking attendant will be provided when grass spaces are utilized. Personal vehicles are garaged. Accessible handicap spaces are accounted for. The Project also creates pedestrian connectivity throughout the Site. A rope fence will be installed to delineate the wetland and 4 ,B,k, 18 4 2 5 Pg2 0 9 #19�O 8�,211 I Marblefidge Road and Map:03117.CLot 5 6 Libnited Site Plan Review Farm Winery Oictiober 7,2025 river front buff",�r zones to prevent parking encroachment into the buffer zones 9 c) Adequacy of the arrangement of parking and loading spaces m relation to the proposied uses of the premi[ses, As stated above, the,parking plan provided meets,'the park inor requirements. T ire he F Department as visited the Site with apparatus and,successfully navigated the Site. d) Physical lightmi 'lgi ofthe site, especially the adequacy ofthe method of exterior lightingi for convenience,,,''safety and security within the site and"for protection of neighboring properties,roadways and the night sky; All exterior lightt"ng on the Site(parking areas and,walkways)is to be arranged so as to prevent spillover or,glare onto adjacent properties''.1 e) Protection of ad" i " 0 s by provision for, ,g�lom,ing premises against seriously detrimental use surface water draffiage; The Project does not propose any stormwater management design as no new struct ures or land disturbance is,proposed. f) Adequacy of the,methods of disposal of refuse and:othier wastes resulting from the uses, permitted on the site-1 16 Ir The Project does not"'include a dumpster. If a dumP � ster is to be proposed it will re e permitting through the Health Department. g) Adequacy of firlie protection measures, and; The North Andover'Fire Prevention Officer has inspected the Site and commmicated to the Pl=ing Board,that the Department is ok with,the requested changes as well as the parking plan and'that all of their concerns have been addressed. WAWERS: . '16) Information Requireld forLimited Site Plan Review 17.D.e: The presient,and proposed topography of the side • 17.D.g: Dramhage area map 17.D.h-. Stormwater management plan 0 17,DJ: Build'ing elievations. 0 17.D.n-. Outdoor storage/display areas 0 17.D.O: Landscape ,plan 0 17.D.s: Utility, locations This Limited Site Plan Review decision was issued subject to the following conditions: SPE-CJAL CONDITIONS: 17) For the purposes, of the decision, the Planning, Bloard, approves the following Plermit Definitions: 5 18 4 2 5 Pg2 10 #1 9 0 8�,211 1, Marbleridge Road and Map 101,37.1C':Lot 56 LiTnited Site Plan Review Fan n Winery October 7.2025 a) The "Locus"11" or "'Site"refers to 2 parcels ofland totaling approximately 5.01-acre of land with land fronting on both Marbleridge Road, and Great Pond Road shown, on Assessor's ,Map �,37.0 Lot I I and Map 037.E Loit 156 and known as I I Marblerlidge Road,North-Andlover,Massachusetts. b) The '-Tlans 111 refer to the plan included in the application titled Mortgage Inspection Plan dated,May 120, 2024 with a scale of 1"= 2100". The plan was prepared by'New England Land, Survey Professional Land Surveyorsil 710 Main Street, North Oxford,, Ma 01537. C) The,"Pr 'ect!"refers to the use of the property,to grow grapes,harvest grapes, and,the oJ production of wine. In addition, accessory usies,are proposed: guesthouse overnight rentals wedidmg, I�showers;P rehearsal dinners, other,celebratory private events, on-isite, parking, and wine tasting. The Site is located In the Residential 1 zoning distict. d) The "Applicant" or"Petitionef' refers to Marble� ' e midge Fann LL C (d/b/a Marbl -1 Ridge Winery in tn is Limited Site Plan Review decision, and its successors and assigns. e) The"Pr iect Owner" refers to the person or,e,nt,ity' olding the fee interest to the,tit oi, h lie to the Locus,from time to time, which cwi incluidebrut is not limited to ffie Applicant, Petitione;deve'loper,,and owner. 18) Use of the 3 Guesthousels is contingent on each b,oloking requinng: Attendance in the Tasting Room for wine tastings or private wme tastings in the room The provision,of educational materials about,Iffi,le Fam and Winery AUlovfing theguesitsi access to the Farm and V'J"jaleyarld i The offer of disicounted wine bottles for sale to guests 19) The Applicant shall,apply to the Licensing Co=, lss on for an Entertai=ent Li,cien�se. It is understood that the LicensIng Conunission wil'117 at,a mum, condition how's of operation. PRIOR TO ISSUANCE OF A CERTITICATE OF OCCU'PAN"Y' CIS, ,20) If applicable,the Applicant will provide copies of all,De. ' lons,Notification, axed d Orders,of Conditions from the'worth Andover Conservation Commission. 21) his decision must"ble filled with the North Essex Registry of Deeds. A copy of the recorded decision must be delivered o the Planning Department. 12) The Planning Staff'will 1,11,review the Site. Any scree Ong as nay be reasonably required as determined by the Plianning-uhector will be added at,the Project Owner's expense. 23) The following information is included as part of this decision'. Parking Plan: Marble Ridge Winery Dated: August 28,2025 Applicant Abutters Owner 6 Parking 911m 35 Tom Spaces In P1 an.primary Parking: Pave- nd r r it Gravel.Overflow F la g _G . personal Vehicles are Garaged.Ping Attendant is provided When using G rass spacesS6 - - 1 79#621 2 iH i t ad • mono= N I 91098t .271 I GO 05 00) 15 SPACES e dr �. Jill .. cry?bill 7� — _ - -x `. ni Jill 4 " .tS •�"'L�'�,'.4, .Yrr•,.':'S,�.��+:fi•yi A_- .�..=r�4_-./;ram.•:pr F— � r -F.�y . iFf{l� �' ACPaved Grmirel Gram .� 60 co LOT Al 02 472 SF+ Ln a F� PARKING DETAILSr North Andover By-Laws) Restaurant Ratio: I space per 2 seats or 15 spaces per 1 000 ga h Retai l Ratio: 5 spaces per 1 3 000 sf or 6 spaces max. per 11 000 sf 0 00 EXHIBIT F Eitan Goldberg, Chair ' TOWN OF NORTH ANDOVER John Simons PLANNING BOARD Peter BoyntonSean Kevlahan Kate Kell y Tuesday March 17, 2026 A,7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845 1 Present/Planning Board: E. Goldberg,J. Simons,P.Boynton, S.Kevlahan,K.Kelly 2 Absent:None 3 Staff Present: J.Enright 4 5 E. Goldberg,Chairman: The Planning Board meeting for March 17,2026,was called to order at 7 p.m. 6 7 ANR PLAN 8 169 Chestnut Street,Jack Cahill: Applicant proposed to subdivide the lot into four buildable lots. 9 J.Enri The applicant previously applied for and was approved to subdivide the lot in December 2022 and 10 September 2025,but those plans were never recorded. The current proposal is to subdivide the lot into 4 buildable 11 lots,each meeting the requirements for frontage,area,and access. 12 J. Simons: Questioned if there are any changes from previous applications. 13 J.Enright: There is a slight change to the lot lines from 2022. 14 MOTION: A motion to direct the Planning Director to sign the Form A for 169 Chestnut Street was made by J. 15 Simons and seconded by S.Kevlahan. The vote was 5-0 in favor. 16 17 BOND RELEASE 18 Lydia Lane(166, 170,180 Salem Street),Jack Cahill: Request for release of a Site Opening Bond and 19 Performance Bond associated with a 3-lot Definitive Subdivision Plan known as Lydia Lane. 20 J.Enri This 3-lot subdivision was approved in 2009.A relocated home on Lot 3A in 2023 completed the 21 buildout.An as-built plan and engineer certification letter are in the meeting packet. 22 Board: The board had no questions or comments. 23 MOTION: A motion to approve the bond release for Lydia Lane was made by S.Kevlahan and seconded by J. 24 Simons.The vote was 5-0 in favor. 25 26 DISCUSSION ITEM: Clean Energy Siting and Permitting Requirements 27 J.Enright: Andrew Shapiro will present on the 2024 Climate Act, signed by Governor Healey in November 2024, 28 which overhauls the state's infrastructure approach to meet its 2050 net-zero emissions goal. 29 A. Shapiro: Clean energy infrastructure projects are categorized by size. Small projects,including solar,battery 30 storage,and wind facilities,are permitted locally under the new"Consolidated Local Permit"and a 12-month 31 decision deadline.These small projects have two state tiers: Tier 1 (residential/small scale)is typically permitted 32 By-Right,while Tier 2 and 3 (medium to large small projects)require Site Plan Review or a Special Permit. Large 33 projects fall under the state's Energy Facilities Siting Board,exempting them from local zoning. 34 E. Goldberg: Questioned if our current solar by-laws will need to change. 35 A. Shapiro: We must review and potentially adjust our solar by-laws,particularly addressing the current 12-month 36 permitting timeline. The new regulation mandates local approval within 12 months, or the project is automatically 37 approved—a situation we need to prevent. 38 The 2024 Climate Act mandates a"Regulatory"model for project approval,replacing North Andover's current 39 Zoning Bylaw,which permits denial based on broad local preferences.We currently define Solar Energy Systems 40 and Wind Facilities,but lack a specific definition for Battery Energy Storage Systems(BESS),which are currently 41 treated as accessory or unspecified industrial uses. This uncertainty must be addressed to comply with the new state 42 mandate for tiered,predictable allowance.Permitting,under M.G.L. c. 40A,often takes over 12 months due to 43 multi-board review.Appeals will shift from Superior/Land Court to the Energy Facilities Siting Board(EFSB). 44 Effective October 1,2026,municipalities must offer an optional,expedited permitting process with a consolidated 45 application and a 12-month deadline for a final, single decision. This process will be overseen by a Local 46 Government Representative(the Chief Administrative Officer or designee). 1 Eitan Goldberg, Chair ' TOWN OF NORTH ANDOVER John Simons PLANNING BOARD Peter BoyntonSean Kevlahan Kate Kell y Tuesday March 17, 2026 A,7 p.m., 120 Main Street—Town Hall, North Andover, MA 01845 47 P.Boynton: Concerns were voiced regarding potential fire department regulations or issues related to the battery 48 storage units. 49 A. Shapiro: The 12-month review deadline begins upon filing of a complete application.A municipal official review 50 the common application;applicants have 30 days to refile if incomplete. Cities and towns have 12 months to review 51 and issue a single permit. Failure to meet the deadline results in constructive approval and the consolidated permit is 52 granted. 53 E. Goldberg: Questioned what the next step is. 54 A. Shapiro: Designating a person to manage and guide applicants through the 12-month permitting process. This 55 person will intake common applications and assist with the necessary steps. In addition,the Planning Department 56 will revise local by-laws to align with the new citing and permitting requirements. 57 K.Kelp A question was raised regarding the process should an application be received before the bylaws are 58 officially changed. 59 J.Enright: As of October 1,2026 the law is effective, so we will have to comply with M.G.L. 60 A. Shapiro: The "turnkey"regulations supersede local procedures.Municipalities must adjust bylaws or workflows 61 to comply.DOER will release guidance for local implementation support. Municipalities still make the final 62 decision, impose reasonable conditions, apply zoning and land use standards,and evaluate environmental, safety and 63 EJ impacts. They must offer the consolidated process,follow the regulatory structure,meet the 12-month deadline, 64 and avoid de facto bans or unreasonable barriers. 65 66 NEW PUBLIC HEARING 67 200 Bridle Path,Ryan and Alyssa Heffernan: Application for a Watershed Special Permit under Article 4 Part 5 68 Ch. 195-4.19.C.(2).(f) and Article 10 Section 195-10.7 of the Zoning Bylaw to authorize additions to an existing 69 single-family dwelling to accommodate an accessory dwelling unit, including minor driveway expansion and site 70 improvements. The proposed work is located within the Non-Disturbance Zone of the Watershed Protection District. 71 The property is located in the Residential 1 zoning district. 72 J. Enri A Notice of Intent was filed with the Conservation Commission and the public hearing opened on March 73 11. The house was constructed in 1978 prior to the local wetland regulations.Portions of the house are within the 50' 74 No Build Zone (NBZ), rear porch, deck and patio are within the 25' No Disturb Zone (NDZ). The 13' x 24' front 75 addition will expand the existing first-floor garage and add living space for the ADU above.The rear addition includes 76 a new second-story porch and enclosed stairs for the ADU access.Located 18'6"from the wetland,over existing lawn 77 and crushed stone,this 8'x 25'addition requires a Conservation Commission waiver for work in the NBZ and NDZ. 78 The application also proposes converting an existing rear 3-season porch to a 4-season structure on columns with 79 crushed stone below,and replacing a deteriorated deck and patio within their existing footprint.All these elements are 80 within the 50' and 25'zones.The proposed front addition consists of a driveway expansion,repaving,construction of 81 an infiltration trench, and relocation of the front walkway. The Conservation Administrator confirmed the accuracy 82 of the wetland delineation. Stormwater peer review is complete; a condition requires test pits before construction to 83 confirm the groundwater elevation within the stone trench footprint.This will ensure the trench can store the calculated 84 volume and function as intended. It is suggested that the Board confirm that the homeowners understand the trench's 85 purpose and the necessity of routine maintenance for long-term functionality. The application does include a long- 86 term inspection and maintenance notes to the Crushed Stone Recharge Trench detail for the benefit of the homeowners. 87 Board:A decision will not be made tonight,as we need to wait for the Conservation Commission's ruling to ensure 88 the plans do not undergo significant modifications. The applicants were advised to provide only a brief overview 89 and to refrain from delving into excessive detail in anticipation of potential plan changes. 90 Dennis Greicci: The Conservation Commission will continue its discussion and decision about 200 Bridle Path at 91 the next meeting on April 8,2026. The Commission previously voiced concerns regarding some minor plan 92 modifications,including the relocation of the construction entrance to prevent it from crossing the infiltration trench, 93 thereby mitigating worries about compaction.Additionally,the need for mitigation planting to support the wetlands 2 Eitan Goldberg, Chair ' TOWN OF NORTH ANDOVER John Simons PLANNING BOARD Peter BoyntonSean Kevlahan Kate Kell y Tuesday March 17, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845 94 was also raised. Helical piles,which cause very minimal disturbance to the land,will be used to support the 95 proposed second-story rear porch and staircase. 96 J.Enri The Conservation Commission's next meeting is scheduled for Wednesday,April 8,2026.The Planning 97 Board is advised to continue this discussion at the meeting scheduled for Tuesday,April 28,2026. 98 Board: The applicant was directed that, should they receive approval from the Conservation Commission,the plans 99 should be forwarded to Jean as soon as possible and that changes may require peer review. This would allow for a 100 possible decision at the April 28th Planning Board meeting. 101 102 Annual Town Meeting Zoning Bylaw Amendment Articles: 103 • Accessory Dwelling Unit and update to Ch. 195 Attachment 2 Table 1 Summary of Use Regulations 104 • Limited Site Plan Review draft b. 105 J. Enright: The proposed amendments address the AGO's decision letter regarding last year's bylaw amendments, 106 including minor housekeeping edits and revisions to pre-existing non-conforming structures. To comply with the 107 AGO's disapproval of our previous special permit requirement, I have proposed language requiring only a ZBA 108 "finding."Additionally,the amendment mandates a Limited Site Plan Review for all ADUs on lots with pre-existing 109 non-conforming structures. Town Counsel reviewed and approved of both proposed amendments. I discussed the 110 revisions with Nicole Caprioli from AGO's Municipal Law Unit. She indicated that requiring a`finding' for lots with 111 pre-existing non-conforming structures is ok; however, the ZBA cannot deny the ADU. She alerted me to the AGO 112 decision regarding Mashpee's November 2025 Town Meeting, in which language previously approved in our May 113 2025 bylaw amendment was denied in Mashpee's proposed ADU bylaw.The basis for their denial is located on pages 114 9 and 10 in the Mashpee decision in the meeting packet. 115 Board:No questions or comments from the board and from the public.A minor edit was recommended,which would 116 make the spelling of`nonconformance',which will make the two bylaws consistent. 117 MOTION: A motion to recommend favorable action on the ADU bylaw as amended was made by J. Simons and 118 seconded by S.Kevlahan. The vote was 5-0,in favor. 119 MOTION: A motion to recommend favorable action on the Limited Site Plan Review bylaw as amended was made 120 by J. Simons and seconded by S.Kevlahan. The vote was 5-0,in favor. 121 122 DISCUSSION ITEM 123 Stonecleave Estates,Peter Termini on behalf of Barbara Adams: Request for an Insubstantial Change to the 124 approved November 4,2025 Planned Residential Development Special Permit to authorize the elimination of the 125 water line extension and new fire hydrant located on Stonecleave Road with a condition that the new homes will all 126 have sprinkler systems installed. 127 J.Enri While the proposal suggests using sprinkler systems as an alternative,the current site plans lack potable 128 water provisions,well locations,and well designs. If the Board is supportive of the request, approval of amended 129 site plans should be required before the building permit issuance. 130 Board: The board felt that this situation put them in a difficult position. They concluded that they could not classify 131 the change as insubstantial if the resulting approved plan lacked a water source. 132 Peter Termini: The developer has withdrawn from the project after determining that the plan was not economically 133 viable. Peter stated that to make the property more financially viable,he may need to consider a redesign, such as 134 reducing the number of lots from three to two. He has already discussed with a builder the cost of installing a line 135 for two fire hydrants and water service to the dwellings,indicating a desire to move the project toward viability. 136 Board: The Board stated they had no objection to the use of wells for sprinklers as opposed to a water line with 137 hydrants. 3 Eitan Goldberg, Chair ' TOWN OF NORTH ANDOVER John Simons PLANNING BOARD Peter BoyntonSean Kevlahan Kate Kell y Tuesday March 17, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845 138 Peter Termini: The plans as they are now are not financially feasible so there will be future changes dependent on 139 the new developer. He commented that the flexibility of choosing between sprinklers and a hydrant would be 140 beneficial for the proj ect's continuation with a new developer. 141 Board:We cannot vote this as an insubstantial change. Peter Termini was advised to return with a modification 142 incorporating the new developer's final plans. 143 MOTION: A motion to take unfavorable action as to an insubstantial change was made by J. Simons and seconded 144 by S.Kevlahan. The vote was 5-0 in favor. 145 146 Carol Disney,Save North Andover Wildlife: Discuss two Citizen Petition warrant articles related to banning 147 Rodenticides. 148 J.Enright: Carol Disney,of Save North Andover Wildlife,is working to reduce the use of second-generation 149 anticoagulant rodenticides(rat poison)and educate the public on alternatives. She plans to present two citizen 150 petition warrants at Town Meeting,and the Town Manager advised her to meet with the Planning Board beforehand. 151 Board: Explained that this is not something that the Board regulates. 152 E. Goldberg: Advised that it would be helpful to know the current cost of rodent treatments paid by the Town and 153 the projected cost of alternative options if these rodenticides were banned. Having this information available would 154 be beneficial in addressing potential inquiries at the Town Meeting. 155 Carol Disney: Alternatives to use of rodenticides for rodent control involve implementing effective rodent-proofing 156 measures for homes and businesses.These preventative steps include sealing holes and small entry points, securely 157 containing trash,utilizing less harmful poisons that are comparable in price to conventional rodenticides,and using 158 electric traps,thereby reducing risk to natural predators. The current rodenticide model is widely used by pest 159 control companies,marketed for its effectiveness and ease of long-term maintenance. 160 E. Goldberg: Does the Town use external services for rodent control,or is it handled internally? 161 Carol Disney: The town utilizes the pest control company Al,and Al does not use rodenticides(ESCARS). 162 163 11 Marblerid2e Road,Brig Leland: Request for an Insubstantial Change to the approved October 7,2025 164 Limited Site Plan Review permit.Applicant proposes to amend the approved parking plan showing 35 parking 165 spaces to allow for 68 spaces. 166 J.Enright: The proposed plan includes increasing parking to 68 spaces total and identifies two access points on 167 Great Pond Road. One access point is a Private Drive serving three homes,restricted by a Common Drive 168 Restriction and Driveway Easement,which has been amended at least twice.The meeting packet includes the 169 approved and proposed parking plans,along with the 2nd amended easement document. 170 The Conservation Administrator confirmed the proposed parking is outside the 200' Riverfront.The Fire 171 Department approved the interior parking proposal. NAFD had a follow up conversation with the applicant about 172 the proposed parking on the Private Drive. The applicant explained that given the 2nd amended easement he no 173 longer proposes to provide overflow parking on the Private Drive. The applicant did explain that he intended to use 174 the Private Drive for access and egress to the parking field. 175 Board: Questioned what was prompting the requested change that almost doubles the parking spaces and why it 176 would be considered insubstantial.Also,whether the Common Driveway Easement allows for access and egress to 177 the field parking. 178 Brig Leland:Although originally approved for 35 parking spaces,this number is insufficient given our occupancy of 179 88.We frequently host large events,necessitating a greater number of car spaces. Reminder the Board of 180 discussions during the original permitting regarding the parking spaces and layout. 181 J. Simons: The increase from 35 to 68 parking spaces is a substantial change,not an insubstantial one,and it requires 182 readvertisement. Explained that he is uncomfortable approving this because the abutters are not being officially 183 notified of this significant alteration. 4 Eitan Goldberg, Chair ' TOWN OF NORTH ANDOVER John Simons PLANNING BOARD Peter BoyntonSean Kevlahan Kate Kell y Tuesday March 17, 2026 (a=p.m., 120 Main Street—Town Hall, North Andover, MA 01845 184 MOTION: A motion to deem that the proposal of 11 Marbleridge Road is not insubstantial was made by J. Simons 185 and seconded by S. Kevlahan. The vote was 5-0,in favor. 186 187 Planning Board Report: 188 •Article 3: Authorization to accept grants of easements 189 •Article 4: Authorization to grant easements 190 •Article X:Report of the Community Preservation Committee—appropriation from Community 191 Preservation Fund 192 J.Enright: Only Articles 3,4,and the CPC article require Board recommendations. The full report will be 193 summarized for the Warrant;both versions are in the meeting packet. 194 MOTION: A motion to recommend favorable action on Article 3:Authorization to accept grants of easements and 195 Article 4:Authorization to grant easements was made by S.Kevlahan and seconded by P.Boynton. The vote was 196 5-0,in favor. 197 J. Simons: Provided an overview of the Community Preservation Committee funding recommendations. 198 MOTION: A motion to recommend favorable action for Article 3,Article 4,and CPC was made by S.Kevlahan 199 and seconded by P. Boynton. The vote was 5-0,in favor. 200 201 CORRESPONDANCE: RE: 500 Great Pond Road request for emergency special permit for tree removal was 202 acknowledged. 203 204 MEETING MINUTES: February 3,2026 meeting minutes. 205 MOTION: P.Boynton made a motion to approve the meeting minutes for February 3,2025. J. Simons seconded the 206 motion.The vote was 5-0,unanimous in favor. 207 208 MEETING ADJOURNMENT: 209 MOTION: J. Simons made a motion to adjourn the meeting. The motion was seconded by S.Kevlahan.Meeting 210 adjourned g 8:45 p.m. The vote was 5-0,unanimous in favor. 211 212 MEETING MATERIALS: Planning Board Meeting Agenda March 17,2026,DRAFT Planning Board Meeting 213 Minutes; Staff Report: 260317 Staff Report;ANR PLAN: 169 Chestnut: 2025-12-8_ANR PLAN,ANR 214 Application,Resident Comment: 260316 Perrone Comment Letter,; BOND RELEASE: Lydia Lane: 150715 215 Roadway As-Built Plan,20090316 Def Subdivision Decision,Lot 3A as-built plan,Lot 3A Engineer Certification 216 Letter;Discussion Item: Clean Energy Facility Siting and Permitting Requirements: Clean Energy Siting and 217 Permitting Presentation;New Public Hearing: 200 Bridle Path: Department Review: 260212 Conservation 218 Comment,250212 NAPD Comment, and 260218 DPW Water-Sewer Comment. Rev Plan Set: Site Plan Bridle 219 Path_260303, Stormwater Peer Review: 260203_response to 1 st HW_SWpeer review, Site Plan_Bridle 220 Path 260303,260227_1 stHW_SWPeerReview_200BridalPath,260306_2nd_SWPeerReview_200BridalPath,WSP 221 Application:Alternative Analysis-ADU Rear-Stair Letter,Compiled WS Special Permit_application-200 Bridle 222 Path,Compiled WS Special Permit_support documents_200 Bridle Path,Elevation, Site Plan_Bridle Path;Annual 223 Town MeetingZoningBBylaw Amendments:Accessory DwellingUnits: 251104 Mashpee AGO Decision PG 9- 224 10,260317_DRAFT ADU bylaw amendment; SPR-Pre-existing non-conforming structures: 260107_Draft LSPR- 225 Pre-existing non-conforming structures; Stonecleave Estates: Time Stamped Decision,Request for Insub Change: 226 Letter of Authorization, Stonecleave CHANGE WATER,Department Review: 260311 DPW Water Comment, 227 260316 NAFD Comment; Carol Disney,Save North Andover Wildlife: Bylaw Petition Form,FAQ(2),Fund 228 Disbursement Request Form_Blank,IPM Pyramid 3.26.2025 (1)(1)(1)(2),NA Board Presentations, SGAR-Use 229 (3)(4),Testimony_Zachary Mertz,New England Wildlife Center Dec. 2021 (1); 11 Marbleridge Road: Recorded 5 Eitan Goldberg, Chair ' TOWN OF NORTH ANDOVER John Simons PLANNING BOARD Peter BoyntonSean Kevlahan Kate Kell, y Tuesday March 17, 2026 (&=p.m., 120 Main Street—Town Hall, North Andover, MA 01845 230 Decision,Common Driveway Restriction&Driveway Easement: 2nd Amendment to the Easement,Town Counsel 231 Opinion,Department Review: 260311 Conservation Comment,260311 NAFD Comment,260316 NAFD Comment 232 2,Request for Insubstantial Change: Approved Parking Plan by Planning Board October 2025,Marble Ridge 233 Winery-Request for Updated Parking Plan to Planning Board March 2026,Updated Parking Plan for Planning 234 Board March 2026; Planning Board Report: 2026 DRAFT Planning Board Report in Warrant,260311 Legal 235 Opinion RE citizen petition articles,260317 Draft Planning Board Report,Town Charter Section 2-9-1; 236 Correspondence: 260129 NAPlanBrdCntryClbTreeRemov; Meeting Minutes:Draft February 3,2026 minutes. 6 EXHIBIT G Town r of North Andover Bul,ldling Department w uM a 120 Maill S:treetW. North Andover, y w �_W May 18,,2026 r 11, i iy e Marbler,'Jidge Rd. North n ve 4 RE: NOTICE OF ZOINING VIOLATION' I I Marb leridge,Rd/Map 03 7.C Lot 0 0 11 To Owner(s)- ' Our records ffidicatethat you,eye the rue s)and/or Person(s) es ns b for this property and I am writing se you,.that an hivestigation,has detennined that violation of the Towns Andover Zoning -Lam . 195 has occurred as f & Parkin,gin excess of that allowed.by the Limited bite Plan,Review of'], 7 2 25 and S nag:placed upon Town Propefty. BYLAW VIOLXHONCITATION The detennillation has been made that a violation of the'North,,- lover Zonailig Bylaw, C . 1,95, has likely occurredis"basedUpon,but not necessarily Ih niter to same c Sec l n 5-8.IT 1 f6r non-compliance with U'lli Site Plan,Review of October 7,20125 y p Mk g of vehlictiesin excess f, and outside eel parking,areas. tirjj I IF a' a V r r j . o Section 195 -6.5- for Placement of si e'upon utili poles � �� "Marbilerid e and Sale St. G Stop Work Order Cease end Desist Order flee/hay not been,posted,on the Site of to Vio,lat,ion. EVIDENCE, have determined that a violafian has occurred,based upon, but not necessarily, ite the t o m o Site Visit of 5/11/20206. o Photo of Violati"on(s). lo Review of Town and Department records 01"E,RS TO ABATE AND CORRECT You,are'hereby ordered to complete the following, Ce s1 inun, i ediate ly so as to disconti uc the awfi d action, use or condition U*1 as cited acor cdance'with.Nortli * aseand Deist* 111 unl And Zoning Bylaw Ch. 195-10.2 ti� on receipt or posting,of'Notice of Violation. ,P * Contact the Buildina/Zonin,gg_Qgpt.jo,arrangefor a Site,Vis,itto,observe the area of the Vil.ola ion. u t witilin Five(5)bsiniess days, of the date ofservice,of Notice,hereby, .one through reglistered mail.and standard postal First Cl,ass. The Site Visit,may be waived at the discretion of''the Building Cominisisioner. I io ,neede iludi but * This inspection may M* cltide all necessary personnel with jurisdicti'o over aspects ofthe V`ola d ln as d nc ng not hinitee to; the NoAhAndover Fire Deplart—m,ent,Building DepartmentInsplectors zmd other Town ofNorth Andover * The Violation shall be ftilly abated and corrected withm" Ten(10)calendar days of the to of service oftliis,Notlice,hereby done,tlu-ough,regiisteredm,all and standard postal,First Cl,assi. Wriftl en ackn.owledgment of the ces,sation,of the violation shall be provided Yo,u toth"is office with ill,'that time period. 0 Options to abate this vi"olation inctude apProa ng the Plannu Board or i7evlew and appuroval off'a revised parking plan within 30 days ofthis notice. c the Build n ctor to r deter inine if a Pe rm it, Certificate of'Occupancy, Zonlng Relief or other actions,ffi I o Contat - "' I spe accordance with Ch.195,shallbe required as a condition of abatement and,clorrection,co mplii.ance of ffile,Violation. o Any,posted orders,shall remah'i posted and ce until the building,structure,use or action lias,been abated and corrected -to the approval of theBuilding,Department. Physical,removal of the posted,order,wilthout express permission oftlie Building Ins peen or, is,considered,a Vlolation and additional monetary penalties,under MGL Ch,.2 ID shall,be issued as,noted below. IRE,GISTRYTILING In'the event that this'No nice(s)is,filed It the Registry of Deeds,,,we will provide you with a,Letter of Releasle upon receipt ofmonies froin you,($125 per document),to,compensate Salisbury fbr tie'll Initial,fi-liligsby this Dqartment.All,costs,to file/recorld,such a Release shall be borne by the Applicant. APPEAL OF THIS NOTICE If youfeel you have been aggrievedby these orders,,you.tray file an,appropriate appeal,as fol1lows; L 'Violations of the ToNvii of North-Andover Zoning Bylaws may be appealed,in.accordance with North AndoverZoning, Ch. 195-101.,6 and,maL. Chapter 40A, §13. Pit decision must be a pealed wlithmi Ti.firt (3 0)days,of the"flil'inla of this Notice p Y CR with the North Andover Town,Clerk. PENALTIES FOR FAMURE TO COMPLYIN A TIMELY MNNNER L Failure to,respond to ancUor correct the Zoning,violations as directe& 'Wiloever contmuesto violatethe Provisions ofthis b B n oning viol at'lon w1fluin,a reasonable law after wr*tten,:nonce from the' uilding hispec or den,,ianding an abateme t of a z 6 theme shall be subject to,afinie of$3010. Each day that such violation continues shall,be con-sildered a separate off"ense." 2,. Proceedmigs at Law,may,include a CrImmial Corn la in tthrough the District Court upon,the responsible Person(s),or pursuit of ,P a Civil Coinplabit through Superior Court,or the lay ful actions. 3. The legal Certificate of Occupancy to,occupy and use any structure or building detemi.ined to beassociateld with or affected by the actions cited,in this 'VlolationTay be revoked lif'such actions of t1li''s Violation are determined to,be unsaf o the general.public and/or occupants of said building or structure or are in Violation of any aspect of the State of Massachusetts Bufldlng Code,MGL 143,,in accordance witli,Article'VI of the Nort1h Andover Zoni'ng Bylaw. 4. In,the event,that a prompt and thinuely response to thl's Notice of''Vii,olat'i'011,1 and,writtendecIaration to comply with this order, �,# as isniot received�then.a copy of this'Notice shall be filed at the Regist of sty Deeds,as requiredby MGL Ch.40A, §�7. S uch filing ma,y affect future actions with,this Property; anny release of such recoi,71ding froin this Department shall notbe issued, f f I 1n in -ee o not'less tlian,$4010,are� aid, in full to�the Town, until all regis try film' ,g fees includ* g a hand g f P I CONTACT.FOR FURTHER INFORIMATION 2 If you should,have my questions re -di g the observed v"olat' i plea,se contact,this gar in I mns or otherwise i Departm.ent at(9�78) 688- 9545JR.Thank you, Scott Vandewalle Buildmig Commissioner/&,ning Enfbrce en,t Officer i1e,Town Clerk,Plarmer,CC: Fi, DeL Certified Mall/Regular,Mal"I 3 EXHIBIT H Link to March 2026 meeting materials: https:Hdrive.google.com/drive/folders/lA2elkLFS54OhN6CS Bnklm7PL5ECfaHI?usp=drive link Let me know if you have any additional questions. Jean On Mon, May 4, 2026 at 1:43 PM Julie Tyler <jlty_ler14. _,gmail.com> wrote: Hi Jean, Thanks so much for clarifying that for me. I appreciate you following up. Would you be able to share with me what the current parking agreement is as it pertains to the Marble Ridge property? Also, I read through the Planning Board notes from 3/17 and was STUNNED to see that Marble Ridge proposed using our private drive and entrance for overflow (see excerpt below). As I mentioned in my last email, last summer we communicated that the constant traffic in and out of our driveway and over the grass of the winery to our common drive was a problem. We were happy that Brig addressed this last summer, but are quite upset that he then proposed our drive as overflow earlier this year. We're also frustrated that we had to learn of this proposal through a random web search. Would you be able to send along the application and/or the easement attachment he provided to you? We want to understand more of the specifics surrounding this application. Again, we want to be cordial neighbors but do have some concerns over the parking and access. My husband travels a lot and I'm home alone with our son often. We've already had people wander over to our house from the Winery at 2am confused about the property boundaries and knocking on our door. Thanks again for your help with this situation. Julie Tyler 11 Marbleridge Road, Brig Leland: Request for an Insubstantial Change to the approved October 7,2025 Limited Site Plan Review permit.Applicant proposes to amend the approved parking plan showing 35 parking spaces to allow for 68 spaces J. Enright: The proposed plan includes increasing parking to 68 spaces total and identifies two access points on Great Pond Road. One access point is a Private Drive serving three homes, restricted by a Common Drive Restriction and Driveway https://outlook.office.com/mail/inbox/id/AAkALg HYQDEapmEc2byACgAC%2FEWgOAZnhViZ5nNEWXOIDJVfjxQgAGEN5TwQAA?nativeVers... 2/4 7/1/26, 11:06 AM Inbox-Nick Rosenberg-Outlook Easement, which has been amended at least twice. The meeting packet includes the approved and proposed parking plans, along with the 2nd amended easement document. The Conservation Administrator confirmed the proposed parking is outside the 200' Riverfront. The Fire Department approved the interior parking proposal. NAFD had a follow up conversation with the applicant about the proposed parking on the Private Drive. The applicant explained that given the 2nd amended easement he no longer proposes to provide overflow parking on the Private Drive.The applicant did explain that he intended to use the Private Drive for access and egress to the parking field. Board: Questioned what was prompting the requested change that almost doubles the parking spaces and why it would be considered insubstantial. Also, whether the Common Driveway Easement allows for access and egress to the field parking. Brig Leland: Although originally approved for 35 parking spaces, this number is insufficient given our occupancy of 88. We frequently host large events, necessitating a greater number of car spaces. Reminder the Board of discussions during the original permitting regarding the parking spaces and layout. J. Simons: The increase from 35 to 68 parking spaces is a substantial change, not an insubstantial one, and it requires re advertisement. Explained that he is uncomfortable approving this because the abutters are not being officially notified of this significant alteration. Tuesday March 17,2026 @ 7 p.m., 120 Main Street-Town Hall,North Andover,MA 01845 184 MOTION:A motion to deem that the proposal of I I Marbleridge Road is not insubstantial was made by J. Simons and seconded by S. Kevlahan. The vote was 5-0,in favor. All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the Massachusetts Public Records Law. Visit us online at www.northandoverma.gov. Sincerely, Jean Enright Planning Director Town of North Andover 120 Main Street https://outlook.office.com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACgAC%2FEWgOAZnhViZ5nNEWXOIDJVfjxQgAGEN5TwQAA?nativeVers... 3/4 Outlook Begin forwarded message: From: Julie Tyler <jlty_1er14@gmail.com> Date: May 13, 2026 at 14:45:11 CDT To: nanje1_ ,verizon.net, judiboyko@comcast.net, steveboy_ko_ com cast.net, Tom Friel <Tom_ ,thefriels.com>, Nicole Friel <nicole_ thefriels.com>, Matt Tyler <thety_Ier000_ gmail.com> Subject: More than wine? Another interesting tidbit to note.... I was just looking through the Winery "Wedding Packet" (see snippet below) and noticed that they allow alcohol to be served in addition to their wine as long as it's BYOB. Brig was VERY adamant they were only going to be a wine service and other spirits would NOT be provided on premises. I wonder if they have a liquor license to serve spirits? I also don't know of ANY actual wineries that allow wine, beer nor spirits from other sources to be brought on premises. This stinks more and more of an event space, NOT a winery. :-( Julie Hosts are welcome to provide their own beer and spirits; however, all alcohol must still be served by Marble Ridge bartenders. Beer and spirits are not included in the Winery Beverage Purchase minimum. Shots are not permitted. Couples may also choose one of our sangrias or wine-based cocktails as a signature drink. https://outlook.office.com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACgAC%2FEWg0AZnhViZ5nNEWX01 DJVfjxQgAGEN5T8gAA?nativeVersi... 1/2 7/1/26, 10:58 AM Inbox-Nick Rosenberg-Outlook We are happy to help design a bar menu that fits your event. This message and its attachments are sent from a law firm and may contain information that is confidential and protected by privilege from disclosure. If you are not the intended recipient, you are prohibited from printing, copying, forwarding or saving them. Please delete the message and attachments without printing, copying, forwarding or saving them, and notify the sender immediately. https://outlook.office.com/mail/inbox/id/AAkALgAAAAAAHYQDEapmEc2byACqAC%2FEWgOAZnhViZ5nNEWXOIDJVfjxQgAGEN5T8gAA?nativeVersi... 2/2 / ,r"r1 NOKC1,11,11111"' N"JOVER, saIs� Jean Enright<jen rig ht@northandoverma.gov> I Marble Ridge Winery --<nicole@thefriels.com> Wed, May 6, 2026 at 3:37 PM To: "jen rig ht@northandoverma.gov" <jenright@northandoverma.gov> Cc: "tom@thefriels.com" <tom@thefriels.com> Hi Jean, I'm writing because I recently learned that Marble Ridge Winery had obtained an entertainment license (for outdoor music)and applied for an amendment to the current Limited Site Plan Review(dated 10/7/25)that would increase the approved parking spots. I am very concerned and want my objection to his request to be noted by the NA Planning Board. When Brig started his business, he told his neighbors that he would be producing wine, holding tastings, hosting small/intimate events, and offering overnight guest house rentals. My husband and I were supportive. Now, we feel deceived. What started out as a small winery and tasting room that hosted occasional small events is morphing into a larger scale event and music venue. Note the change in the language that Brig himself uses. He was originally approved to hold small scale celebratory events (that were considered 'accessory'to his main business, presumably agriculture). His recent'insubstantial' proposal notes that they'frequently hold large events' and thus need to DOUBLE the current parking allotment. As you know, this is a residential area. Myself, as well as several neighbors, are concerned that his business endeavors are going to drastically change the character and safety of our neighborhood. I ask that the Planning Board please reject any request to expand the current parking plan and to notify the abutters of any upcoming meetings regarding changes to the current site plan for the property. On another note, I have questions regarding his designation as a 'Farm'. This was clearly done to avoid zoning restrictions that would otherwise protect his neighbors. To qualify as a working farm with protections under the Dover Amendment, the primary purpose of the land must be agriculture. If'accessory uses' are the main source of revenue, protections under the Dover Amendment are not allowed. I know, without doubt, that farming/harvesting grapes is not Marble Ridge Winery's primary business. Brig himself told me that he imports grapes from other regions. Even if he utilized all of the vines that have been planted to produce wine, it would amount to little over 200 bottles- hardly a primary source of revenue. The bottom line is that this is an event venue masquerading as a farm to avoid local zoning regulations to the detriment of his neighbors. I doubt it would hold up in a court of law. The questions that should have been asked before the Building Commissioner granted Marble Ridge MGL Chapter 40A section 3 status are: 1. is the agriculture a real, ongoing operation, or just symbolic? 2. Is agriculture the primary use of the land, or just pretext? 3. What percentage of land, revenue, and activity is actually farming? 4. Does the property function like a farm, or like something else (e.g. an event venue?) The answer to all of the questions above is NO. F someone plants a tiny vineyard, produces a negligible output, but runs a large event venue and guesthouse rental-the primary use is commercial, not agriculture. I earnestly ask the NA Planning Board to look at the REAL use of the land- not what it has been 'labeled'- and to ensure that the Dover Amendment protections are not stretched beyond its intended scope. Jean, will you please share my concerns with the member of the Planning Board? Thank you! Nicole https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f:1864469080629368215&simpl=msg-f:1864469080629368215 1/1 6/7/26,6:39 AM Town of North Andover Mail-Marbleridge Situation 0 "! ril"11,A- VER, Jean Enright<jen rig ht@northandoverma.gov> � Marbleridge Situation Julie Tyler<jltyler14@g mail.com> Fri, Jun 5, 2026 at 5:50 PM To: Jean Enright<jen rig ht@northandoverma.gov> Hi Jean, Can you please share this with the Planning Board and/or Select Board who is addressing the MArble Ridge Property situation? Thanks so much. Julie Tyler ------------------------------------------------------------------------------------------ To Whom it May Concern at the Planning Board and/or Select Board. We would like to share our objections to expansion of Marbleridge Winery's quantity of parking spaces and access/egress via private drive. 1. Private Drive for Access/Egress - Cars using the private drive for access/egress became increasingly disruptive last summer with patrons frequently stopping us to ask directions, turning around in our driveway and headlights in our kitchen windows. We've also had tractor trailers trucks to service the winery parked in the private drive for hours at a time blocking access for all three homes. We expressed our concerns to Brig repeatedly last summer and he assured us that he would rope off access to the private drive. We were shocked and feel deceived when we learned Brig proposed the private drive for overflow parking and/or egress just prior to the March, 2026 meeting given his verbal commitments to us last summer. We are NOT in favor of the private drive being used for winery public drive/parking. 2. Parking Spaces - We feel 35 spaces is adequate for the property and winery intent that was communicated to the neighbors. Prior to receiving the open pour license, Brig told us he planned to host "small" events such as rehearsals dinners and baby showers of which we were supportive. According to Grok, the standard number of guests who attend rehearsal dinners is 25-40 and baby showers is 20-40 for the greater Boston area. Assuming —1.5people per car, 35 spaces should be more than adequate to host such events. 3. Beer and Spirits - We were surprised to learn that Marbleridge Winery allows event hosts to bring non-Marbleridge alcohol to event on the property including beer and spirits to be poured by Marbleridge bartenders. Our first concern is this may increase the level of intoxication at events. We've already had patrons lost from the farm and knocking on our door at 2am. Furthermore, serving non-Marbleridge alcohol seems contradictory to the intent of the Dover Amendment for a farm slated to produce grapes and serve as a winery. In short, we feel Marbleridge is trying to be primarily an event center and secondary a winery. https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f:1867195349316113987&simpl=msg-f:1867195349316113987 1/2 6/7/26,6:39 AM Town of North Andover Mail-Marbleridge Situation Thank you for your consideration in protecting our peace and property. Matt and Julie Tyler 235 Great Pond Rd https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f:1867195349316113987&simpl=msg-f:1867195349316113987 2/2 / ,r"r1 NOKC1,11,11111"' N"JOVER, saIs� Jean Enright<jen rig ht@northandoverma.gov> I Marbleridge Winery parking plan Nancy Leland <nanje1 @verizon.net> Thu, Jun 18, 2026 at 9:59 AM To: Jean Enright<jen rig ht@northandoverma.gov> Good morning Jean, have a question regarding the parking for the winery. When they host events and have a food truck, is the food truck required to be parked in the areas designated as parking spaces? We 've had problems with location and noise on May 16 and again on June 13. The matter was resolved on May 16th where the truck was moved to parking which is shown on the approved parking plan, while on June 13 the truck was located in an area that is not shown on the approved plan. Thank you for your time. Nancy https://mail.google.com/mail/u/O/?ik=7c2eff6265&view=pt&search=all&permmsgid=msg-f:1868343456256543254&simpl=msg-f:1868343456256543254 1/1 EXHIBIT I Town of North Andover, MA July 6, 2026 , r ", "i rrr,'} r, ✓! / I(�l`I �. / / /r I/' , dl v l' 7 it r '��luatlhs'�p'I , v ICI I'- cf I Y ul, I r£ r v, I i I ^II/ III ill` I I I,- r ,: !! f ,✓fl%^,, ,.'' -,; n" v;,,, h'I l,+., r,,1,. � I ,,:,��! Y��: // ,/; V r r�I r I.„I I,. I: I u / MI, IIII 4 tl �I I!v 1 n / I I I uo dV t I�' v i I 4 N I r a: rh ll , a. a / I I r I Ifi^,YI S 'u W r. YVI Jr�.r lid I l I I.. s Y I I. 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WINE (GF) BY THE GLASS BOTTLE �Enjoy a 6 oz pour or a bottle of our award-winning,small-batch wines, crafted from sustaiinabilly grown grapes in,the NIapa Valley region. Pellax anid savor your favorite Marble Pidge wine: 2025 SAUVIGNON BLANC $12/$40 2025, RIESLING $12/$4,0 2022 DRY ROSE $,13/$42 2023, SPARKLIN_G ROSE $13/$45 2023 TEMPRAN"ILL0 (20% CABERNET SAUVIGN-ON) $14/$47 1 E VE YOUR VISIT HERE, CM4 FOOD PAIRINGS CREATE YOUR OWN CHARCUTERIE SPREAD CHEESE (GF) $12 100'Vo GRASS-FED AMISH-MADE CHEESE BY GRAZE&CO.FROM MIDDLEFIELD,OH • Cheddar 69% Pages 1 2 00 21O 00 V https://www.canva.com/design/DAHDTGQpfWs/4W1 b37d2tGLnFu-40P6vEw/edit 1/1 EXHIBIT K TOWN OF TOPSFI D ZONING BOARD OF APPEALS 8 West Common Street, Topsfield,Massachusetts 01983 Certificate of Decision Finding and Decision of an Appeal Pursuant to G.L.c.40A s. 3 of the Topsfield Zoning By-Law Property Address: 252 Rowley Bridge Rd, Topsfield, Massachusetts Notice is hereby given that the Topsfield Zoning Board of Appeals will hold a public hearing during a ZOOM Zoning Board of Appeals Meeting Tuesday, December 27, 2022 at 7:00 PM (instructions will be on the posted agenda on how to join the meeting via ZOOM) to consider an appeal pursuant to G.L. c. 40A s. 15 by James Decoulos of the Building Inspector and Zoning Enforcement Officer's decision not to disturb the prior Zoning Enforcement Officer's determination that the use of the premises at 252 Rowley Bridge Road for wedding events and like events is an agricultural related use and thus permitted under G.L. c. 40A, §3. Applicant: James N. Decoulos 1. The Application An application was filed on November 29, 2022 with the Topsfield Town Clerk by James N. Decoulos of 226 Rowley Bridge Road to consider an appeal pursuant to G.L. c 40A s. 15 to overturn the Building Inspector's decision permitting the use of the premises at 252 Rowley Bridge Road for wedding and like events. 2. The Hearin Notice was published in the Salem News on December 12 and December 19, 2022, mailed postage prepaid to all interested parties, including all abutters on the List of Abutters certified by the Assessor's Office and posted in a conspicuous place in the Town Hall for a period of not less than fourteen days before the day of such hearing. Pursuant to the notices, a public hearing was opened on December 27, 2022 continued to January 24, 2023 and closed on January 24, 2023 via ZOOM, due to Chapter 20 of the Acts of 2021, as stated at the beginning of the meeting. Present at the hearing from the Zoning Board of Appeals was Robert Moriarty, Chairman; David Merrill, Clerk; Jody Clineff, Member; David Moniz, Member; Gregor Smith, Member. and Kristin Palace, Alternate. Senior Administrative Assistant Lynne Bermudez read the Legal Notice to open the Public Hearing. 252 Rowley Bridge Road,Topsfield 2023 Finding and Decision Page 1 of 5 Chairman Moriarty asked Attorney Decoulos to speak to the substance and background of his appeal. Attorney Decoulos introduced himself and related that events were first held at Connemara Farm May-October in 2021. He stated that in the summer of 2022 the number of events significantly increased in frequency and volume. He asked the current Building Inspector, Ray Chesley, to overturn the ruling made by the previous Building Inspector (Glenn Clohecy) in a letter to Connemara Farm on September 9, 2020 that weddings and other events were Agritourism and could be held on the farm. Attorney Decoulos asked the Building Inspector to issue Connemara Farm a cease and desist order. Attorney Decoulos stated that it is his belief that there is no connection between the products produced and sold at the farm and the wedding events being held. Attorney Decoulos cited a number of cases in support of his position. Attorney Frank DiLuna representing Connemara Farm spoke next in support of the decision by the Building Inspector. Attorney DiLuna stated the wedding events served as a retail arm and marketing tool for farm products. The farm's apples are made into cider and it is a requirement of caterers at its events to use cider produced by Connemara Farm. Attorney DiLuna also argued that Connemara Farm requires caterers to use Massachusetts grown and raised farm products and that the wedding events are related to and integral to the farm operations. He stated that Connemara Farm complies with standard in Massachusetts relating to agricultural uses in that not less than 25% of the farm's revenue are obtained through sale of its products at these or 50% of the revenue is obtained through sale of Massachusetts farm products. Attorney DiLuna reviewed the decisions that Attorney Decoulos had raised and also cited several additional cases that he argued supported the proposition that the wedding events are agriculture related and as such may not be prohibited by the Town under G.L. c. 40A, §3 nor may a special permit be required for such activities. Board members questioned Attorney Decoulos and Attorney DiLuna with questions directed at understanding the relationship between the farm operations and the wedding event. Board members asked how the farm products were integrated into the wedding events, about revenues from the sale of farm products at such events and how the wedding events advanced the interest of the farm, relating anecdotally personal experiences with the sale of farm products or advancement of farm interests and questioning how a wedding event was related. Chairman Moriarty asked members of the public if they would like to speak. Chairman Moriarty recognized Nancy McCann who was present at the Attorney for English Commons, a condominium development that abuts Connemara Farm. Attorney McCann spoke to the hardships the weddings and other events have had on English Common residents. She stated her belief that these events are not agritourism or agriculturally related as they have no connection to the marketing or sale of Connemara Farm products. She referenced the farm's website and the fact the farm lists itself as a wedding venue with no reference to any farm products being required during the events. She argued that wedding events are now the primary activity at Connemara Farm and farming is incidental, at best. Thomas Guidi, a member of the Board of Directors of English Commons and the closest abutter, also spoke to the negative impact to English Common residents and stated the events are not agriculturally related as the events are not open to the public, but rather are private events. Mr. Guidi argued that the Connemara Farm was operating as an Event Facility and that it requires a special permit which would allow the Zoning Board of Appeals to impose reasonable conditions on the events to mitigate harm to neighbors. 252 Rowley Bridge Road,Topsfield 2023 Finding and Decision Page 2 of 5 After discussion Board members agreed additional information was required and requested that Attorney DiLuna submit documentation showing the revenues from Massachusetts farm products by the wedding events and the proportionality to the overall revenues generated by the wedding events and information related to his assertion of use of Massachusetts farm products by caterers. The Board also indicated that it would request an advisory opinion from Town Counsel regarding this matter. The public hearing was continued until January 24, 2023. The Chairman opened the January 241 2023 meeting by introducing the advisory opinion from Attorney George Pucci of KP Law, Town Counsel, that had been provided to the Board, a copy of which had been made available to all interested parties on the Board's website. He also introduced certain letters that had been provided by Connemara Farm from its vendors regarding use of Massachusetts farm products. Attorney Decoulos made the following points: - The letters from local farms, provided to the board by Connemara Farm do not provide any volume of products these farms used for Connemara Farm events. - Connemara Farm wedding events do not serve the general public. He argued that in order for an event to be agriculturally related, it must serve the general public. - Connemara Farm had not provided any support for its assertion that caterers are required to use Massachusetts farm products, and argued that even if it were so, the agriculture must be related to Connemara Farm, and not other farms. - Agritourism events must be related to the farming activities of Connemara Farms, not other farms. The farm cannot be just a consolidator of products. Attorney DiLuna argued that the cases referred to in Attorney Pucci's advisory letter were not dispositive of the issue of farming as it relates to Connemara Farm. He referred back to G.L. c. 40A §§ 3 and 128 defining agriculture as an activity, on a farm, incident to or in conjunction with the farming operation. He argued that this farm does produce fruit and vegetables for the weddings, which he analogized to a farm-to-table events. He argued that a very small portion of the farm is devoted to the wedding events, the majority of which is used for the 2,000+ apple and peach trees on the site. Finally, he argued that the weddings are farm to table events with music, and as such are appropriate agricultural events. Discussion followed between the Board, Attorney Decoulos, Attorney DiLuna and Attorney McCann relating to the advice in Attorney Pucci's letter that that events held on a farm must be incidental to the farming and connected to the farming operation as the Board members attempted to understand the relationship between the farm operations and the wedding events as opposed to more traditionally understood farm activities such as a farm stand or the sale of products actually produced at the farm. 3. The Findings Upon conclusion of the public hearing, and following discussion by the Members, the Board made the following findings. 252 Rowley Bridge Road,Topsfield 2023 Finding and Decision Page 3 of 5 - Connemara Fam is a farm located on Rowley Bridge Road in Topsfield. Its principal farm activity is the growing of apples, peaches and other farm products. - Connemara Farm conducts approximately 2-3 weddings per week for a period of seven months from April-October. - Connemara Farm has asserted that it requires that cider produced at the farm must be served at all wedding events and that it requires all caterers to use Massachusetts farm raised and grown products to the extent available. It has asserted that it is a Massachusetts farm product to table operation, and, as such, the wedding events are agricultural activities. - Connemara Farm, however, has not presented the Board sufficient facts to make a determination as to the amount of either product produced on the farm or on other farms in Massachusetts are used at the wedding events. - The Board has made a determination based upon the information presented to it that that the wedding events are not sufficiently related to the farm activities so as to be characterized as either integral to or subsidiary to the farm activities. The wedding events are standalone activities that do not depend upon the existence of the farm or the products that are produced there. - The requirement that cider be served and that Massachusetts farm products be used by caterers, when available, appear to be perfunctory attempts to provide a gloss of farm activity, without any real substance. - Based upon the information available to the Board, it has determined that the wedding events that are conducted at Connemara Farm are not sufficiently related to the farming operations to constitute an agricultural use that would be protected under G.L. c. 40A §3. 4. The Decision Chairman Moriarty moved that the Board sustain the appeal by Attorney Decoulos overturning the decision of the Building Inspector that the operation of weddings at Connemara Farm is an agricultural use. He further moved that the Board stay any attempt to enforce this decision for a period of ninety (90) days from the date of its decision to allow for Connemara Farm to file a request for a special permit to operate as a Conference or Event Facility under the Zoning By- law (and such additional time as it might take to render a decision on such application if Connemara Farm files an application). The motion was seconded by Gregor Smith and passed unanimously on a roll call vote as follows: Moriarty, Chairman Fq Yes ❑ No ❑ Absent/Abstain Merrill, Clerk Z Yes ❑ No ❑ Absent/Abstain Clineff, Member Z Yes ❑ No ❑ Absent/Abstain Moniz, Member Z Yes ❑ No ❑ Absent/Abstain Smith, Member Z Yes ❑ No ❑ Absent/Abstain 5. Appeals Appeals of the above decision shall be filed pursuant to M.G.L. 40A, § 17 within 20 days of the date of filing of this certificate with the Topsfield Town Clerk. 252 Rowley Bridge Road,Topsfield 2023 Finding and Decision Page 4 of 5 Dated: February 21, 2023 Respectfully submitted: Ivvra "Rml „� ,dui wu "'5IIt �I I ^H �16NIWWrrl�I �o l� Robert J. Moriarty, Jr. Chairman 252 Rowley Bridge Road,Topsfield 2023 Finding and Decision Page 5 of 5