HomeMy WebLinkAbout2017-07-18 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES July 18, 2017
CALL TO ORDER: Chairman Phil DeCologero called the meeting to order at 7:00PM in the Town Hall
Meeting Room. The meeting was recorded.
ATTENDANCE: The following were present: Chairman Phil DeCologero, Clerk Regina Kean, Licensing
Chairman, Richard Vaillancourt, Rosemary Smedile, Chris Nobile, Town Manager Andrew Maylor,
Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 18
members of the public were in attendance.
PLEDGE OF ALLEGIANCE
COMMUNICATIONS AND ANNOUNCEMENTS (taken out of order):
Retirement recognition - Donna Wedge
Chairman DeCologero presented Donna Wedge with a Certificate of Appreciation for her 15 years of
service to the Town.
2017 Summer at the Stevens (Library)
The Board was given information regarding summer programs at the Library.
Other communications and announcements
Richard Vaillancourt announced the Farmers Market is open on Sundays from 10:00am-2:00pm through
October 8, 2017.
APPROVAL OF MINUTES:
Richard Vaillancourt made a MOTION, seconded by Regina Kean, to approve the Open Session
Minutes of June 19, 2017. Vote approved 5-0.
PUBLIC HEARING:
National Grid Pole Petition - Morningside Lane and Meadowview Road
Michele Stacy from National Grid was present to explain the petition. The Board had several questions
that Ms. Stacy could not answer.
Michael Bartlett of 99 Meadowview Road requested driveways not be disturbed.
Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen
continue the Public Hearing for the National Grid Pole Petition for Morningside Lane and
Meadowview Road until the next meeting on August 14, 2017. Vote approved 5-0.
CONSENT ITEMS:
Request of Leslie Frazier and others to donate a tree to be planted at the Town Common in memory of
Glen Macon
Leslie Frazier was present to request permission to donate a tree to be planted at the Town Common in
memory of Glen Macon. They are not asking for any memorial plaque. John Lavin, Senior Foreman at
Public Works, has provide a favorable recommendation.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen approve the request of Leslie Frazier and others to donate a tree to be planted at the
Town Common in memory of Glen Macon. The type of tree to be donated is to be coordinated with
Public Works. Vote approved 5-0.
Donations
Wheelabrator - $10,000 for Trauma Intervention Program
Jackson Lumber - $100 for Youth & Recreation summer concerts and shows
Al McGregor Fence Co. - $50 for Youth & Recreation summer concerts and shows
Lombardo Signs - $25 for Youth & Recreation summer concerts and shows
Fred Champy - $50 to Police Department for any needed service or material
Board of Selectmen Minutes July 18, 2017 2
Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen
accept the donations from Wheelabrator in the amount of $10,000 for the Trauma Intervention
Program, Jackson Lumber in the amount of $100 for Youth & Recreation summer concerts and
shows, Al McGregor Fence Co. in the amount of $50 for Youth & Recreation summer concerts and
shows, Lombardo Signs in the amount of $25 for Youth & Recreation summer concerts and shows
and Fred Champy in the amount of $50 to the Police Department for any needed service or
material. Vote approved 5-0.
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Request of the North Andover Athletic Association to use streets in North Andover for the 7 Annual
Knights on the Run road race on Saturday, October 21, 2017 beginning at 9:30am
Included in the packet was a request from the North Andover Athletic Association to use streets in North
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Andover for the 7 Annual Knights on the Run road race on Saturday, October 21, 2017 beginning at
9:30am. All relevant departments have reviewed and have no issues.
Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen
approve the request of the North Andover Athletic Association to use streets in North Andover for
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the 7 Annual Knights on the Run road race on Saturday, October 21, 2017 beginning at 9:30am.
Vote approved 5-0.
Request of Joseph Contrada to use the Town Common for the Saint Vincent de Paul Friends of the Poor
Walk on Saturday, September 30, 2017 at 10:00am
Included in the packet was a request from Joseph Contrada to use the Town Common for the Saint
Vincent de Paul Friends of the Poor Walk on Saturday, September 30, 2017 at 10:00am. All relevant
departments have reviewed and have no issues.
Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the request of Joseph Contrada to use the Town Common for the Saint Vincent de Paul
Friends of the Poor Walk on Saturday, September 30, 2017 at 10:00am. Vote approved 5-0.
Request of Rev. Kevin Deely to use the Town Common on Sunday, September 10, 2017 from 7:00am to
5:00pm for a Mass and parish picnic
Included in the packet was a request from Rev. Kevin Deely of St. Michael Parish to use the Town
Common for a Mass and parish picnic on Sunday, September 10, 2017 from 7:00am to 5:00pm. All
relevant departments have reviewed and have no issues.
Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the request of Rev. Kevin Deely to use the Town Common for a Mass and parish picnic
on Sunday, September 10, 2017 from 7:00am to 5:00pm. Vote approved 5-0.
Accept and sign License Agreement with Massachusetts Electric Company
Included in the packet was documentation provided by Jim Stanford, DPW Director, regarding the
updated License Agreement with Massachusetts Electric Company regarding the Hatch area parking lot
has reviewed the proposed License Agreement.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen accept and sign the proposed License Agreement with Massachusetts Electric
Vote approved 5-0.
Accept and sign Easements from RCG West Mill MA, LLC
Included in the packet was documentation provided by Jim Stanford, DPW Director, regarding permanent
easements for two areas along Water Street near the intersection with High and Elm Streets. The
easements are necessary in order to properly realign the intersection as part of the Water/High Streets
Capital Improvement Project. Town Counsel has reviewed the proposed Easements.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen accept and sign the proposed Easements from RCG West Mill MA, LLC for two areas
along Water Street near the intersection with High and Elm Streets. Vote approved 5-0.
Affordable Unit Resale - 4 Harvest Drive, Unit 216 (Oakridge Village-Maplewood Reserve)
housing unit at 4 Harvest Drive, Unit 216 (Oakridge Village-Maplewood Reserve) is up for sale. It is
recommended the Board not exercise its right of first refusal.
Board of Selectmen Minutes July 18, 2017 3
Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen
decline the right of first refusal to purchase the affordable housing unit at 4 Harvest Drive, Unit
216 (Oakridge Village-Maplewood Reserve). Vote approved 5-0.
Vote to accept and sign Conservation Restriction from Wellington Woods Homeowner Association Trust
Included in the packet was documentation provided by Town Counsel Suzanne Egan regarding a
Conservation Restriction conveyed by Wellington Woods Homeowner Association Trust, through Messina
Development Company for Wellington Woods. The Conservation Commission has already reviewed and
signed the document.
Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
accept and sign the Conservation Restriction from Wellington Woods Homeowner Association
Trust for Wellington Woods. Vote approved 5-0.
Appointments
Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen
appoint Ronald Pallone as Constable for a term ending June 30, 2020. Vote approve 5-0.
Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen appoint
Sumi Dolben to the Council on Aging for a term ending June 30, 2020. Vote approved 5-0.
Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen approve the
appointment of Lauren Lemack to the Cultural Council for a term ending June 30, 2019. Vote
approved 5-0.
Chris Nobile made a MOTION, seconded by Regina Kean that the Board of Selectmen approve the
appointment of Ronn Faigen as an Associate Member to the Zoning Board of Appeals for a term
ending June 30, 2020.
FY17 Budget Reallocation
Included in the packet was documentation for end-of-year FY17 budget reallocations provided by Lyne
Savage, Finance Director.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen approve the FY17 budget reallocations, as presented. Vote approved 5-0.
LICENSING COMMISSIONERS:
Chris Nobile made a MOTION, seconded by Regina Kean, to open a meeting of the North Andover
Licensing Commission. Vote approved 5-0.
Entertainment
Licenses at 15 First Street
Rosemary Smedile made a MOTION seconded by Phil DeCologero that the Board of Selectmen,
Restaurant located at 15 First Street for Common Victualler and Entertainment Licenses. Vote
approved 5-0.
The applicant was present to answer any questions.
Regina Kean made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen,
located at 166 Sutton Street for a Common Victualler License. Vote approved 5-0.
Request for a Change of Manage
for a change to their Entertainment License to include live entertainment
Mary McGraw was present to answer any questions.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that Board of Selectmen,
from Argishti Gukasyan to Mary McGraw. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen,
acting as Licensing Commissioners, approve the Entertainment License to
include live entertainment. Vote approve 5-0.
Board of Selectmen Minutes July 18, 2017 4
Middlesex Street (taken out of order)
Brian Vaughan of Smolak and Vaughan spoke on behalf of the applicant.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen,
acting as Licensing Commissioners, approve the request of JMML Enterpris
Market, for a Wine and Malt Package Store License at 220 Middlesex Street. Vote approved 5-0.
Request of Armen Jeknavorian of St. Gregory Armenian Church for a One Day Wine & Malt License for
their Annual Picnic on September 10, 2017 from 12:00pm to 6:00pm and to waive all fees
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen,
acting as Licensing Commissioners, approve the request of Armen Jeknavorian of St. Gregory
Church for a One Day Wine & Malt License for their Annual Picnic on September 10, 2017 from
12:00pm to 6:00pm and to waive all fees. Vote approved 5-0.
Request of Paul Gallant of Merrimack College for One Day Wine & Malt Licenses on Saturday, July 22,
2017 and Sunday, July 23, 2017 from 9:00am to 2:00pm for a Road Race Celebration at Mendel Lawn
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen,
acting as Licensing Commissioners, approve the request of Paul Gallant of Merrimack College for
One Day Wine & Malt Licenses on Saturday, July 22, 2017 and Sunday, July 23, 2017 from 9:00am
to 2:00pm for a Road Race Celebration at Mendel Lawn. Vote approved 5-0.
Vote to approve revised Alcoholic Beverages Regulations
Included in the packet were the revised Alcoholic Beverages Regulations with the changes requested at
the May 7, 2017 meeting.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen,
acting as Licensing Commissioners, approve the revised Alcoholic Beverages Regulations as
presented. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS:
None
NEW BUSINESS:
None
PUBLIC COMMENT:
Phil DeCologero announced he has invited the Sustainability Committee, Festival Committee and Youth
and Recreation Council to come to a future meeting to give an update.
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Town Manager, Andrew Maylor, announced that National Night Out is August 1.
Proposed OPEB Committee
Town Manager, Andrew Maylor, explained that the purpose of the committee would be to evaluate
strategies and options regarding OPEB. The Board agreed to add to the next agenda a vote to establish
the committee.
Monthly Reports
The Board was provided with the departmental monthly reports.
Ask the Manager
There were no questions submitted.
ADJOURNMENT:
Rosemary Smedile made a MOTION, seconded by Regina Kean to adjourn the meeting at 8:40PM.
Vote approved 5-0.
Board of Selectmen Minutes July 18, 2017 5
Laurie A. Burzlaff
Executive Assistant
_______________________________
Regina Kean, Clerk of the Board
Documents used at meeting:
Minutes of June 19, 2017
Certificate of Appreciation
Summer program packets
National Grid Pole Petition
Letter from Leslie Frazier
Donation memorandum
Letter and memo-Knights on the Run
Letter and memo-Friends of the Poor Walk
Letter and memo-St. Michael Parish
License Agreement-Mass Electric
Easement-RCG West Mill, LLC
Memo from Eric Kfoury-Affordable Unit Resale
Wellington Woods Conservation restriction
Appointment memo
FY17 Budget reallocation documents
One day request-Armen Jeknavorian
One day request-Merrimack College
Alcoholic Beverages Regulations
Opiate Report
Fire Department Report
Police Department Report
Job posting/vacancy log
Capital projects report
Legal fees report
Library report
IT report
Building report
Senior Center report
Textile Recycling report
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Phil DeCologero, Chairman
TEL. (978) 688-9510
Regina Kean, Clerk
FAX (978) 688-9556
Chris Nobile
Rosemary Connelly Smedile
Richard M. Vaillancourt
BOARD OF SELECTMEN & LICENSING COMMISSIONERS
AGENDA
TUESDAY, JULY 18, 2017
7:00 PM OPEN SESSION
TOWN HALL MEETING ROOM
120 Main Street
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. June 19, 2017 Open Session Minutes, as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
A. Retirement recognition - Donna Wedge
B. 2017 Summer at the Stevens (Library)
V. PUBLIC HEARING
A. National Grid Pole Petition - Morningside Lane and Meadowview Road
VI. CONSENT ITEMS
A. Request of Leslie Frazier and others to donate a tree to be planted at the Town Common in memory of
Glen Macon
B. Donations:
1. Wheelabrator - $10,000 for the Trauma Intervention Program
2. Jackson Lumber - $100 for the Youth and Recreation summer concerts and shows
3. Al McGregor Fence Co., Inc. - $50 for the Youth and Recreation summer concerts and shows
4. Lombardo Signs - $25.00 for the Youth and Recreation summer concerts and shows
5. Fred Champy - $50 to the Police Department for any needed services or material
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C. Request of the North Andover Athletic Association to use streets in North Andover for the 7 Annual
Knights on the Run road race on Saturday, October 21, 2017 beginning at 9:30am
D. Request of Joseph Contrada to use the Town Common for the Saint Vincent de Paul Friends of the
Poor Walk on Saturday, September 30, 2017 at 10:00am
E. Request of Rev. Kevin Deely to use the Town Common on Sunday, September 10, 2017 from 7:00am
to 5:00pm for a Mass and parish picnic
F. Accept and sign License Agreement with Massachusetts Electric Company
G. Accept and sign Easement from RCG West Mill MA, LLC
H. Affordable Unit Resale - 4 Harvest Drive, Unit 216 (Oakridge Village - Maplewood Reserve)
I. Vote to accept and sign Conservation Restriction from Wellington Woods Homeowner Assn. Trust
J. Appointments
1. Ronald Pollone - Constable
2. Sumi Dolben - Council on Aging
3. Lauren Lemack - Cultural Council
4. Ronn Faigen - Zoning Board of Appeals associate member
K. FY17 Year End budget reallocation
VII. LICENSING COMMISSIONERS
A.
licenses at 15 First Street
B.
C. Mary
McGraw and for a change to their entertainment license to include live entertainment
D. Request of Armen Jeknavorian of St. Gregory Armenian Church for a One Day Wine & Malt license
for their Annual Picnic on September 10, 2017 from 12:00pm to 6:00pm and to waive all fees
E. Request of Paul Gallant of Merrimack College for One Day Wine & Malt licenses on Saturday,
July 22, 2017 and Sunday, July 23, 2017 from 9:00am to 2:00pm for a Road Race Celebration at
Mendel Lawn
F. Market for a Wine and Malt Package Store license at
220 Middlesex Street
G. Vote to approve revised Alcoholic Beverages Regulations
VIII. OLD BUSINESS
IX. NEW BUSINESS
X. PUBLIC COMMENT
XI. T
A. Proposed OPEB Committee
B. Monthly reports
1. Opiate Report
2. Fire Department
3. Police Department
4. Job posting/vacancy log
5. Capital Projects
6. Legal
7. Library
8. IT
9. Building
10. Senior Center
11. Textile Recycling
C.
XII. NEXT MEETING DATE
Monday, August 14, 2017
XIII. ADJOURNMENT
BOARD OF SELECTMEN MINUTES June 19, 2017
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00PM in the Town
Hall Meeting Room. The meeting was recorded.
ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile,
Licensing Commissioner, Phil DeCologero, Regina Kean, Chris Nobile, Town Manager Andrew Maylor
and Assistant Town Manager Ray Santilli.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to approve the Open Session
Minutes of June 5, 2017 as presented. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
Textile Recycling Update
The Town Manager gave an update of the Simply Recycling program. During the month of May, a total of
8,576 pounds of textiles were collected resulting in a payment to the Town of $85.76.
Update from Conservation Commission
This matter was tabled.
Other Communications and Announcements
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Rosemary Smedile indicated that she and Regina Kean attended the Smolak Farm 90 anniversary
event.
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Phil DeCologero announced that the Farmers Market starts on Sunday and will run through October 8.
Update from Zoning Board of Appeals
Albert Manzi, Zoning Board Chair, gave the annual update from the Zoning Board of Appeals.
CONSENT ITEMS:
Request of Festival Committee to use the Town Common from 7:00am on July 3, 2017 through 11:00pm
on July 4, 2017, to close Massachusetts Avenue from Osgood Street to Academy Road on July 3, 2017
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from 5:00pm to 10:00pm and July 4, 2017 from 6:00am to 5:00pm for the Annual 4 of July Celebration,
and to waive all municipal fees for the event
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Jeff Coco of the Festival Committee was present to request the use the Town Common for the Annual 4
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of July Celebration from 7:00am on July 3 through 11:00pm on July 4, to close Mass Avenue from
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Osgood Street to Academy Road on July 3 from 5:00pm to 10:00pm and July 4 from 6:00am to
5:00pm, and to waive all fees for the event. All relevant municipal departments reviewed the request.
The Fire Department will be conducting the appropriate safety checks of food vendors prior to the start of
the event.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
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approve the request of the Festival Committee to use the Town Common for the Annual 4 of July
Celebration from 7:00am on July 3, 2017 through 11:00pm on July 4, 2017, to close Massachusetts
Avenue from Osgood Street to Academy Road on July 3, 2017 from 5:00pm to 10:00pm and July 4,
2017 from 6:00am to 5:00pm, and to waive all municipal fees for the event. Vote approved 5-0.
Accept donations for 2017 Summer Event Series
The Youth and Recreation Services Department received the following donations to be used towards the
Sunday Concerts on the Common and the weekly Children Shows: Trombly Brothers, Inc - $50, M.P.
Roberts Insurance Agency - $200, Wheelabrator Technologies - $2,000, and St. Michael Parish - $500.
Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen accept
the following donations for the 2017 Summer Event Series: Trombly Brothers, Inc - $50, M.P.
Roberts Insurance Agency - $200, Wheelabrator Technologies - $2,000, and St. Michael Parish -
$500. Vote approved 5-0.
Board of Selectmen Minutes June 19, 2017 2
Appointments
Included in the packet is a list of re-appointments and appointments by the Board of Selectmen to various
Boards and Commissions that will be effective July 1, 2017.
Regina Kean made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the
re-appointments and appointments to various Boards and Commissions, as listed, effective July
1, 2017. Vote approved 5-0.
The Board was asked to re-appoint the firms of Kopelman & Paige, P.C. and Collins, Loughran &
.
Rosemary Smedile made a MOTION, seconded by Chris Nobile that the Board of Selectmen
approve the appointment of the firm of Kopelman & Paige, P.C. as Special Counsel through June
30, 2018. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
approve the appointment of the firm of Collins, Loughran & Peloquin as Special Counsel through
June 30, 2018. Vote approved 5-0.
Per Town Charter, the Board must approve
Rosemary Smedile made a MOTION seconded by Phil DeCologero that the Board of Selectmen
accept Vote approved 5-0.
LICENSING COMMISSIONERS:
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
One day license requests for events in the tent at Smolak Farms
Request of Jason Hanson and Brando Snyders for a one day all alcohol license for a wedding reception
on Saturday, July 8, 2017 from 5:00pm-10:00pm
Request of Jade Kusnierski and Mark Mello for a one day all alcohol license for a wedding reception on
Saturday, August 5, 2017 from 4:00pm-10:00pm
Request of Jillian Daly for a one day all alcohol license for a wedding reception on Saturday, August 12,
2017 from 5:00pm-10:00pm
Request of Tyler Orlansky for a one day all alcohol license for a wedding reception on Saturday,
September 30, 2017 from 4:00pm-10:00pm
Request of Heather Bonnano for a one day all alcohol license for a wedding reception on Saturday,
October 7, 2017 from 4:00pm-10:00pm
Request of Patrick White for a one day wine and malt license for a wedding reception on Saturday,
October 14, 2017 from 4:00pm-10:00pm
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen, acting as Licensing Commissioners, approve the six requests for events at Smolak
Farms on Saturday, July 8, 2017 from 5:00pm-10:00pm, Saturday, August 5, 2017 from 4:00pm-
10:00pm, Saturday, August 12, 2017 from 5:00pm-10:00pm, Saturday, September 30, 2017 from
4:00pm-10:00pm, Saturday, October 7, 2017 from 4:00pm-10:00pm and Saturday, October 14, 2017
from 4:00pm-10:00pm. Vote approved 5-0.
Request from Cynthia Sanborn for a Common Victualler license for Cows Rock, Inc., 7 Johnson Street
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of
Selectmen, acting as Licensing Commissioners, approve the request of Cynthia Sanborn for a
Common Victualler license for Cows Rock, Inc. at 7 Johnson Street, North Andover MA. Vote
approved 5-0.
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Request from Jamie Green Klopotoski of Ipswich Ale Brewery for one day wine and malt license for 4 of
July festivities on the Town Common on Monday, July 3, 2017 from 5:00pm-11:00pm and Tuesday, July
4, 2017 from 10:00am-4:00pm
Jeff Coco of the Festival Committee and Chris Marshall of the Borderline Running Club presented the
request.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen, acting as Licensing Commissioners, approve the request of Jamie Green Klopotoski
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of Ipswich Ale Brewery for one day wine and malt licenses, for 4 of July festivities on the Town
Common on Monday, July 3, 2017 from 5:00pm-11:00pm and Tuesday, July 4, 2017 from 10:00am-
4:00pm, subject to same conditions set forth in prior years. Vote approved 5-0.
Board of Selectmen Minutes June 19, 2017 3
Other licensing matters
Rosemary Smedile provided the Board with a copy of the ABCC handout regarding acceptable
identification.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt to close a meeting of the
North Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS:
None
NEW BUSINESS:
None
BOARD REORGANIZATION:
Nomination and vote for Officers (Chair and Clerk)
Regina Kean made a MOTION, seconded by Chris Nobile that Phil DeCologero serve as Chairman
of the Board of Selectmen. Vote approved 4-1. Rosemary Smedile opposed.
Phil DeCologero made a MOTION seconded by Rosemary Smedile that Regina Kean serve as
Clerk of the Board of Selectmen. Vote approved 5-0.
Nomination and vote for Licensing Chair
Rosemary Smedile made a MOTION seconded by Chris Nobile that Richard Vaillancourt serve as
Chairman of the Licensing Board. Vote approved 5-0.
Nomination and vote for Appointment Subcommittee
Phil DeCologero made a MOTION, seconded by Rosemary Smedile that Chris Nobile serve on the
Appointment Subcommittee. Vote approved 5-0. Phil DeColgoero made a MOTION, seconded by
Rosemary Smedile that Regina Kean serve on the Appointment Subcommittee. Vote approved 5-0.
PUBLIC COMMENT (taken out of order):
Donald Stewart of Prospect Street thanked Mr. Vaillancourt for his great job as chair and Ms. Smedile for
her service on the Appointment Subcommittee. Mr. Stewart also stated to Mr. DeCologero that serving as
as chair in his election year of 2014-2015.
Stevens Estate and OPEB committees
Town Manager, Andrew Maylor, reviewed the memorandum in the packets regarding possible initiatives
in the future relating to the Stevens Estate and OPEB. The Board will discuss both issues at a future
meeting.
Monthly Reports
Included in the packets were the departmental monthly reports. The Board discussed in depth the legal
report, the building department report, and the IT report.
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.
Ask the Manager
Phil DeCologero asked for an update on the old Bradstreet School property. The Town Manager indicated
that they are close to getting and occupancy permit and are pursuing tenants.
ADJOURNMENT:
Chris Nobile made a MOTION, seconded by Regina Kean to adjourn the meeting at 8:35pm. Vote
approved 5-0.
Board of Selectmen Minutes June 19, 2017 4
Laurie A. Burzlaff
Executive Assistant
_______________________________
Regina Kean, Clerk of the Board
Documents used at meeting:
Minutes of June 5, 2017
Textile Recycling receipt
Festival committee request
Donations
List of appointments
Smolak Farms requests
Cows Rock request
Ipswich Ale request
Stevens Estate and OPEB memo
Opiate Report
Fire Department Report
Police Department Report
Job posting log
Capital projects report
Legal report
Library report
IT report
Building report
ABCC FAQ
LICENSE AGREEMENT
This License Agreement (this "Agreement" or "License") is this _________ day of June, 2017, by
and between MASSACHUSETTS ELECTRIC COMPANY, a Massachusetts corporation, having an
address at 40 Sylvan Road, Waltham, MA 02451 (the "Company") and the TOWN OF NORTH
ANDOVER, a municipal corporation established under the laws of the Commonwealth of Massachusetts,
having an address of 120 Main Street, North Andover, Massachusetts 01845 (the "Town").
WHEREAS, the Company is the owner of a certain parcel of land situated in North Andover,
Essex County, Massachusetts, by virtue of that deed from J. P. Stevens & Co., Inc., dated September 30,
1952, and recorded with the Essex North District Registry of Deeds in Book 768, Page 439 (the
"Property"); and
WHEREAS, the Town desires to use a portion of the Property as a parking area for automobiles
by persons using the surrounding town land, conservation land, and lake facilities;
NOW THEREFORE, the Company, in consideration of the rent hereinafter reserved and the
covenants and agreements hereinafter set forth to be paid, observed and performed by the Town, grants to
the Town a non-exclusive license to use that portion of the Property (the "Licensed Premises") shown
crosshatched on the sketch attached hereto as Exhibit A and made a part hereof, strictly for the purpose of
using and maintaining a gravel parking area to the extent shown on that parking plan attached hereto as
Exhibit B and made a part hereof (the "Parking Plan") by the Town and its agents, employees, licensees,
visitors and members of the general public) for the Permitted Uses (as hereinafter defined), and for no
other purposes.
YIELDING AND PAYING, therefore, as rent the sum of Six Hundred Dollars ($600.00) per year
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payable on the first (1) day of May in each and every year during the continuance of this agreement,
commencing on the date of this Agreement.
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This agreement shall become effective as of the first (1) business day of May, 2017, and shall be
for a period of one year and thereafter from year to year unless terminated at the end of any yearly period
by either party by the giving of written notice of termination to the other party at least thirty (30) days
prior to the end of any yearly period, unless otherwise terminated by the Company as hereinafter
provided.
This permission is given strictly upon the following terms and conditions which the Town hereby
accepts and agrees to observe and perform as part consideration of this agreement:
1. The Town and its agents, employees, licensees, servants, contractors and invitees
(collectively, its "Invitees") use and occupancy of the Licensed Premises shall be restricted
exclusively to maintaining the parking areas shown on the Parking Plan in accordance with
this Agreement, and the short term parking of automobiles by the Town's Invitees using the
surrounding town land, conservation land, and lake facilities (collectively, the "Permitted
Uses"), and for no other purposes. Such short term parking is to be without charge. The
Town covenants and agrees with Licensor that the Permitted Uses shall be restricted to within
the Licensed Premises as shown on Exhibit B and the Town shall not permit its Invitees to
park on or otherwise use any other portion of the Property. Parking of automobiles on the
Licensed Premises is to be restricted to persons using the surrounding town land,
conservation land, and lake facilities only.
2. All vehicles utilizing the Licensed Premises shall not exceed a 10 m.p.h. speed limit.
3. The Town covenants and agrees that, during its utilization of the Licensed Premises for the
Permitted Uses, the Town shall, at its sole cost and expense, obtain, hold and maintain all
necessary current and effective licenses, permits, approvals, and consents from any
governmental entity having jurisdiction over the Permitted Uses and the Licensed Premises
(hereinafter, "Government Approvals") and shall deliver true, accurate and complete copies
of the same to the Company upon request. The Company reserves the right to approve any
such Government Approvals, and, in the event the Company does not grant such approval,
the Town shall, at its sole cost and expense, obtain new Government Approvals in form and
substance acceptable to the Company.
4. The Town may clear and improve the land for parking purposes only; this may include the
installation of gravel provided, however, that before any such improvements are made,
approval thereof in writing shall be obtained from the Company. The Town need not obtain
written permission from the Company to clear the land, provided the Town has obtained all
necessary Governmental Approvals and those Governmental Approvals do not place any
requirements, costs or obligations on the Company. The Town further covenants and agrees
with the Company that the Town shall not perform any blasting or use explosives on the
Property. In no event shall the land be cleared or improved within fifty (50) feet of the fence
around the facilities of the Company, as shown on Exhibit A. It is further agreed by the
Town that no buildings or structures will be erected or constructed upon the Licensed
Premises.
5. Once cleared in accordance with Section 4 above, the Town shall keep the Licensed Premises
in good repair and condition at all times, reasonably free from water, ice, snow or other
hazardous conditions, and further agrees that all work done in connection with the Town's
maintenance and repair of the Licensed Premises shall be done in a good workmanlike
manner. The Town further covenants and agrees that, except for clearing the Licensed
Premises as provided in Section 4 above, it shall not make any alterations, additions or
improvements to or upon the Licensed Premises, including without limitation, any
excavations or changes of grade, without the Company's express written permission.
Notwithstanding the foregoing, the improvements as shown on the Parking Plan are hereby
permitted.
6. This Agreement and the exercise thereof by the Town shall never interfere with the
construction, reconstruction, repair, maintenance and operation by the Company, its
successors and assigns, of its substation facilities, electric lines, poles and other facilities
(collectively, "Facilities") now constructed, or which may at any time in the future be
constructed across, though, over and under its Property, including the Licensed Premises, and
the Company reserves the right to enter upon the Licensed Premises at any time for all of the
above purposes and to do whatever it is necessary to the Licensed Premises to accomplish the
aforesaid purposes. Furthermore, the Company expressly reserves the right to restrict or
prohibit access to and along the Licensed Premises when required by the Company
activities as determined by the Company in its sole reasonable discretion.
7. Facilities or any other contingency requiring
immediate maintenance or repairs, the Town agrees to move any vehicle that may be parked
on the Licensed Premises in order to give the Company immediate access to its Facilities.
8. The Town agrees to pay the rent as hereinabove reserved in the manner and at the times set
forth.
9. The Town understands and agrees that the Company is under no obligation to restore, repair,
or maintain the Licensed Premises in any respect, or to secure or provide security for any
portion of the Licensed Premises, to provide service to the Licensed Premises, or to render
the Licensed Premises serviceable for access, parking, pedestrian use or passage or any other
purpose in any respect, including, without limitation, the Permitted Uses, and specifically
including, without limitation, paving, sealcoating, and removing any accumulated or excess
debris, water, ice, snow, or other hazardous conditions.
10. The Town understands and agrees that the Company makes no representation or warranty
with respect to the condition, safety, title, or fitness of the Licensed Premises, including,
without limitation the suitability of the Licensed Premises for the Permitted Uses, the
environmental condition of the Property, including the Licensed Premises, or rights of others
held in and to the Licensed Premises and that the Town occupies and uses the Licensed
Premises at its sole risk. The Town has inspected the Licensed Premises and accepts the
Licensed Premises "AS IS", "WHERE IS", AND "WITH ALL FAULTS". THE TOWN
HEREBY WAIVES AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES
OF ANY TYPE OR ANY KIND WHATSOEVER AS TO THE LICENSED PREMISES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF FITNESS
FOR A PARTICULAR PURPOSE AND USE.
11. The Town covenants and agrees with The Company that the Town and its Invitees shall take
all necessary precautions for the safety of the Town and its Invitees on or about the Property
and shall comply with all applicable federal, state, and municipal laws, regulations,
ordinances, court orders and administrative orders thereto to prevent accidents or injury to
persons or property on, about or adjacent to Property.
12. The Town, its Invitees, and/or any other person or persons claiming through or under the
Town or its Invitees, (i) shall not permit any use of the Licensed Premises which shall create
a fire hazard or be unlawful or which constitutes a legal nuisance or that is contrary to any
law, rule, regulation or requirement of any governmental authority; (ii) shall not injure,
overload, deface or commit waste at the Licensed Premises; and (iii) shall comply with all
applicable federal, state, or local statutes, laws, regulations, ordinances, orders or other
requirements affecting the Licensed Premises and the Permitted Uses including, without
limitation, all Government Approvals.
13. Except with respect to short term parking of vehicles in connection with the Permitted Uses,
the Town covenants and agrees with the Company that neither the Town, its Invitees, nor any
person claiming under the Town or its Invitees, shall store or permit to be stored on the
Licensed Premises any vehicles or equipment. The Town further covenants and agrees with
the Company that the Town shall not cause, permit, allow, or suffer the placement,
stockpiling or accumulation of earth, materials, trailers, storage containers, supplies or
equipment either temporarily or permanently, on the Property or within the Licensed
Premises. The Town shall also insure that neither trucks nor truck trailers or equipment are
parked overnight on the Licensed Premises, and that drivers do not utilize the Licensed
Premises as a rest stop.
14. The Town shall not permit any liens or encumbrances to be placed on the Licensed Premises,
including without limitation, any mechanics liens or similar liens for labor and material
furnished to the Town or claimed to have been furnished to the Town in connection with
work of any character performed or claimed to have been performed at the direction of the
Town. The placement of any such lien on the Licensed Premises shall constitute a default
under this Agreement unless, within thirty (30) days after the Town receives either written or
oral notice or becomes aware of the existence of such lien, the Town causes the same to be
discharged or bonded over.
15. The Town covenants and agrees as follows:
a. The Town agrees to the extent permitted by law to defend with counsel satisfactory
to the Company and to pay, protect, indemnify and save harmless the Company and
its affiliates, and all officers, directors, shareholders, employees or agents of any of
them, from and against, any and all liabilities, damages, loss, costs, expenses
Company), causes of
action, suits, claims, demands or judgments of any nature whatsoever arising from
the condition of the Property, the rights reserved by the Company herein, and/or the
exercise of this Agreement by the Town or its Invitees or any person claiming under
any of them or any such person, including, without limitation, (a) any work, act or
omission to act done in, on or about the Licensed Premises or any part thereof by or
on behalf of the Town, its Invitees or any person claiming under the Town; (b) injury
to, or the death of, persons or damage to property on the Licensed Premises or in any
way growing out of, or connected with, the use, non-use, condition, possession,
operation, maintenance, management or occupation of the Licensed Premises by the
Town, its Invitees or any person claiming under the Town, or resulting from the
condition of the Licensed Premises; or (c) violation of any agreement or condition of
this Agreement or of any applicable federal, state or local statutes, laws, regulations,
ordinances or other requirements affecting the Licensed Premises, or the occupancy
or use thereof by the Town, its Invitees or any person claiming under the Town or the
Invitees. The foregoing indemnification shall not include injury or damage caused by
the gross negligence or willful misconduct of the Company.
b. The Town shall maintain insurance coverage in the amounts set forth in Exhibit C
attached hereto and incorporated herein by reference and made a part hereof.
c. The Town hereby releases, to the extent permitted by law, the Company from and
against any and all liabilities, losses, damages (to persons and property), costs,
and/or demands for judgment whatsoever caused by, arising out of or in any way
related to the: (a) the Town
condition of the Property; and (c) the Company
Agreement. Moreover, the Town understands that the existence of the Company
Facilities on the Property involves some risk, and the Town, as part of the
consideration for this Agreement, hereby releases and waives any right to ask for or
demand damages for or on account of loss or injury due to such Facilities except to
the extent caused by the gross negligence or wilful misconduct of the Company.
d. The provisions of this Section 18 shall survive the expiration or earlier termination of
this Agreement.
16. The Town covenants and agrees with the Company that neither the Town, its Invitees, nor
any person claiming under the Town or its Invitees or any such person shall bring onto,
store, generate, or permit to be stored or generated on the Licensed Premises any oil,
hazardous material, hazardous waste or hazardous substance, as those terms are defined by
any applicable law, rule or regulation, including, without limitation, the Massachusetts Oil
and Hazardous Material Release Prevention and Response Act, M.G.L c. 21E, the
Massachusetts Hazardous Waste Management Act, M.G.L. c. 21C, the Comprehensive
Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. §§ 9601
et seq. and the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 et
seq. To the extent permitted by law, the Town shall indemnify and hold the Company
harmless from and against any claim, liability, loss, damage or expense, including
paragraph. The provisions of this paragraph notwithstanding, the bringing onto the
Licensed Premises of vehicles and the normal and ordinary operating fluids thereof that are
self-contained, non-leaking and necessary for the operation of such vehicles, shall not cause
a breach under this paragraph; provided, however, that the Town shall, to the extent
permitted by law, indemnify and hold the Company harmless from and against any claim,
of, the presence of such operating fluids on the Licensed Premises. The indemnification
provision of this Section 16 shall survive the expiration or earlier termination of this
Agreement.
17. The Town agrees that this Agreement cannot be assigned in whole or in part by the Town
without the prior written consent of the Company.
18. Should the Town fail to make any payment required under this Agreement when due or fails
to comply with, perform or observe any of the Town
under this Agreement and such failure is not corrected within ten (10) days after the Town
receives written notice from the Company of the Townthe
Town is of such a nature that the Town cannot reasonably remedy the same within such ten
(10) day period, and the Town shall fail to commence promptly to remedy the same and to
prosecute such remedy to completion with due diligence and continuity and within such
period of time as would be reasonably required under the circumstances (but in no event
longer than thirty (30) days), then such failure shall constitute a default under this Agreement.
In the event of a default, the Company, its employees or agents may lawfully, immediately or
at any time thereafter, and without further demand or notice, enter into and upon the Licensed
Premises and repossess the same and expel the Town, its Invitees, and those claiming by,
through or under the same, and remove the Town's and its Invitee's effects without being
deemed guilty of any manner of trespass, and without prejudice to any remedies which might
otherwise be used or preceding breach of covenant or condition, and upon entry, this
Agreement shall cease and terminate, in which event this Agreement shall be of no further
force and effect except as to such of the Town
contingent, as shall have arisen on or prior to such date of termination or which by their terms
survive termination.
19. Notwithstanding anything herein contained to the contrary, the Company reserves the right to
revoke, cancel and terminate this agreement at any time by giving a thirty (30) day written
notice of revocation, cancellation and termination delivered to the Town.
20. All notices required or permitted under, or relating to, this Agreement shall be in writing and
either delivered in hand or mailed (a) by registered or certified mail (return receipt requested)
with the United States Postal Service, or (b) by Federal Express or other overnight mail
carrier furnishing evidence of receipt, to The Company at the address set forth on the first
page of this License, Attention: Manager, Real Estate Department, with a copy to National
Grid, Legal Department, 40 Sylvan Road, Waltham, MA 02451, Attention: AGC - Real
Estate; and to the Town at the mailing address as set forth on the first page of this License,
attention: Town Manager. Any party may change the address at which it is to receive notices
by giving notice as hereinabove set forth. Any notice or other communication in connection
with this Agreement shall be deemed duly served when received (or upon attempted delivery
if delivery is not accepted.)
21. Failure of the Company to complain of any act or omission hereunder on the part of the Town,
no matter how long the same may continue, shall not be deemed a waiver by the Company of
any of its rights hereunder. No waiver by the Company at any time, express or implied, of any
breach of any provision of this Agreement shall ever be deemed a waiver of a breach of any
other provision of this Agreement, or a consent to any subsequent breach of the same or any
other provision. If any action by the Town shall require the Company's consent or approval,
such consent or approval on any particular occasion shall not be deemed a consent or approval
of any other action on any subsequent occasion.
22. If any provision of this Agreement, or the application thereof to any person or circumstance,
shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the
application of such provision to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be affected. Each provision of this Agreement shall be
deemed valid and enforceable to the fullest extent permitted by law.
23. This Agreement constitutes the entire agreement between the parties relating to the subject
matter hereof and supersedes all prior oral and written offers, negotiations, proposals,
representations, agreements, including, without limitation, that Agreement dated March 28,
1966 between the Town and the Company (which Agreement the parties agree is terminated
hereby), courses of dealing and understandings between the parties relating to the subject
matter hereof, and is subject to no understandings, conditions, or representations other than
those expressly stated herein.
24. This Agreement may only be amended or modified by a writing signed by the Company and
the Town and which refers to this Agreement.
25. This Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts. The Town agrees and consents that venue and jurisdiction
shall be proper in the state court of any county of the Commonwealth of Massachusetts, or in
the United States District Court for the District of Massachusetts.
26. Neither party to this License shall be responsible to the other for delays or errors in its
performance or other breach of this License occurring solely by reason of circumstances
beyond its control, including acts of civil or military authority, national emergencies, fire, labor
disputes, flood or catastrophe, acts of God, insurrection, war riots, delays of suppliers, or
failure of transportation or communication.
27. The permission to enter upon the Property contained in this Agreement is subject to any
easements, restrictions, and encumbrances of record.
28. This Agreement shall not be construed as creating or vesting in the Town any easement or
estate in the Licensed Premises, but only the limited rights of possession and use under the
Agreement hereinabove described. The parties agree that neither this License nor any
memorandum or notice thereof shall be recorded at any registry of deeds and that such
recording by the Town shall render this License immediately null and void, except for those
provisions of this License and obligations of the Town that survive the termination of this
License.
29. This Agreement: (i) may be executed in multiple counterparts, each of which when executed
by all parties to this Agreement shall be deemed to be an original; (ii) shall take effect as a
sealed instrument; (iii) shall bind and inure to the parties and their respective legal
representatives, successors and assigns, except that the Town may not delegate any of its
obligations under this Agreement or assign this Agreement; and (iv) is not intended to inure to
the benefit of any third-party beneficiary.
30. The Town acknowledges that electrostatic currents are expected under some conditions and,
although these currents (felt as shocks) may be annoying, the Company will be not be able to
eliminate these currents.
31. The Town hereby represents and warrants to the Company that (i) the Town has the power and
authority to execute, deliver and perform its obligations under this Agreement, and (ii) the
person executing and delivering this Agreement on behalf of the Town is duly authorized to so
execute and deliver this Agreement.
\[Remainder of Page Intentionally Left Blank\]
IN WITNESS THEREOF, the parties hereto have caused their respective corporate seals to be
affixed and their corporate names to be signed to these presents and another of like tenor and effect by
their respective officers thereunto duly authorized the day and year first above written.
MASSACHUSETTS ELECTRIC COMPANY
______________________________________
Michael E. Guerin
Authorized Representative
TOWN OF NORTH ANDOVER
By and Through its Board of Selectmen
______________________________________
By:___________________________________
Its:___________________________________
______________________________________
By:___________________________________
Its:___________________________________
______________________________________
By:___________________________________
Its:___________________________________
______________________________________
By:___________________________________
Its:___________________________________
______________________________________
By:___________________________________
Its:___________________________________
EXHIBIT A
Licensed Premises
EXHIBIT B
Parking Plan
EXHIBIT C
Insurance Requirements
1. Insurance Requirements. From the commencement of the Agreement, through final expiration or
longer where specified below, the Town shall provide and maintain, at its own expense, insurance
policies, intended to be primary (with no right of contribution by any other coverage available to
National Grid USA, its direct and indirect parents, subsidiaries and affiliates including, without
limitation, the Company
services to be performed under or in connection with this Agreement, issued by reputable insurance
companies with an A.M. Best Rating of at least B+, which at least meet or exceed the requirements
listed herein:
(a) as required by the State in which
be at least $500,000 each per accident, per person disease, and disease by policy limit.
(b) Commercial General Liability (CGL) Insurance, covering all operations to be performed by or
on behalf of the Town under or in connection with this Agreement, with minimum limits of:
Combined Single Limit - $1,000,000 per occurrence
General Aggregate &
Product Aggregate - $2,000,000 each
Coverage shall include: contractual liability (with this Agreement being included under the
explosion, collapse and underground (XC&U), additional insured as required in Section 5 below,
and shall contain a separation of insureds condition. If the products-completed operations
coverage is written on a claims-made basis, the retroactive date shall not precede the effective
date of this Agreement and coverage shall be maintained continuously for the duration of this
Agreement and for at least two years thereafter.
(c) Automobile Liability, covering all owned, non-owned and hired vehicles used in connection
with all operations, work or services to be performed by or on behalf of the Town under or in
connection with this Agreement with minimum limits of:
Combined Single Limit - $1,000,000 per occurrence
Additional insured as required in Section 5 below.
(d) Umbrella Liability or Excess Liability coverage, with a minimum per occurrence limit of
$4,000,000. This coverage shall run concurrent to the CGL required in Section 1(b) above, shall
Exhibit, and shall provide additional insured status as required in Section 5 below.
(e) Commercial Property Insurance, covering all personal property of every
description owned or brought onto the Licensed Premises by the Town, its employees, agents,
contractors, tenants, subtenants or assignees, including stock-in-trade, furniture, fittings, trade
fixtures, in an amount not less than one hundred percent (100%) of the full replacement cost
thereof.
(f) Watercraft Liability, if used in connection with this Agreement, with the same minimum limits
of liability as outlined in Section 1(b) above, and naming the Insured Entities, including their
officers and employees, as additional insured as required in Section 5 below.
(g) Aircraft Liability, if used in connection with this Agreement, with a limit of liability of not less
than $10,000,000 combined single limit per occurrence, and naming the Insured Entities,
including their officers and employees, as additional insured as required in Section 5 below.
Such coverage shall not include a per-passenger or per seat coverage limit.
(h) Contractors Pollution Liability (CPL) covering any sudden and accidental pollution liability
which may arise out of, under, or in connection with this Agreement, including all operations to
be performed by or on behalf of the Town, or that arise out of the Town-
owned or hired vehicles, with a minimum liability limit of not less than $1,000,000 combined
single limit per occurrence.
This requirement may be satisfied by providing either this CPL policy, which would include
outlined in Section 5 below; OR by providing coverage for sudden and accidental pollution
liability under the CGL and commercial automobile insurance policies required above, limited
solely by the Insurance Services Organization (ISO) standard pollution exclusion, or its
equivalent.
In the event the Town is unable to secure and/or maintain any or all of this sudden and accidental
pollution liability coverage, the Town agrees, to the extent permitted by law, to indemnify and
hold the Insured Entities harmless against any and all liability resulting from any coverage
deficiency that is out of compliance with this insurance requirement.
2. Homeowners/Sole Proprietors Insurance: In the event that the Town is either a homeowner or sole
proprietor, the requirements in Sections 1(a) and (d) above do not apply. However, these
requirements do apply to any contractors that have been hired by the Town to perform any work
activities on the premises as defined in this Agreement.
In addition, if a homeowners insurance company will not provide the additional insured status to the
Insured Entities as required in Section 5, the Town agrees, to the extent permitted by law, to
indemnify and hold harmless the Insured Entities for any liability that would have otherwise been
covered had the insurance carrier recognized the additional insured status.
3. Limits: Any combination of Commercial General Liability, Automobile Liability and Umbrella
Liability policy limits can be used to satisfy the limit requirements in Sections 1(b), (c) and (d) above.
4. Self-Insurance: Proof of qualification as a qualified self-insurer, if approved in advance in writing by
, will be acceptable in lieu of securing and maintaining one or more
of the coverages required in this Agreement. Such acceptance shall become a part of this insurance
provision by reference herein.
-insured certificate
for the State in which the work will be performed.
5. Additional Insured and Loss Payee: The intent of the Additional Insured requirement under the
CGL, Auto, CPL, Umbrella/Excess, Aircraft and Watercraft policies is to include the Insured Entities,
their directors, officers and employees, as Additional Insured for liabilities associated with, or arising
out of, all operations, work or services to be performed by or on behalf of the Town, including
ongoing and completed operations, under this Agreement. The following language should be used
when referencing the additional insured status: National Grid USA, its direct and indirect parents,
subsidiaries and affiliates shall be named as additional insured.
To the extent the Town the full Additional insured coverage as
required herein, the Town agrees, to the extent permitted by law, to indemnify and hold harmless the
Insured Entities against any and all liability resulting from any deficiency in the Town
coverage that may be out of compliance with this insurance requirement.
6. Waiver of Recovery: The Town and its insurance carrier(s) shall waive all rights of recovery against
the Insured Entities and their directors, officers and employees, for any loss or damage covered under
those policies referenced in this Agreement, or for any required coverage that may be self-insured by
the Town. To the extent the Town
against the Insured Entities, the Town agrees, to the extent permitted by law, to indemnify the Insured
Entities for any subrogation activities pursued against them by the Town
However, this waiver shall not extend to the gross negligence or willful misconduct of the Insured
Entities or their employees, sub-contractors or agents.
7. Contractors: In the event the Town uses contractors in connection with this Agreement, it is
expressly agreed that the Town shall have the sole responsibility to make certain that all contractors
are in compliance with these insurance requirements and remains in compliance throughout the
course of this Agreement, and thereafter as required. The Town shall remain liable for the
performance of the contractor, and such subcontract relationship shall not relieve the Town of its
obligations under this agreement.
Unless agreed to in writing the by the Risk & Insurance Department of National Grid USA, any
deductible or self-insured retentions maintained by any contractor, which shall be for the account of
the contractor, and shall not exceed $100,000. In addition, contractor shall name both the Town and
the Insured Entities as additional insureds under the Commercial General Liability and
Umbrella/Excess Liability insurance. If requested by a representative of the Insured Entities, the
Town shall provide the Insured Entities with an insurance certificate from its contractor evidencing
this coverage.
In the event any contractor is unable to maintain all of the same insurance coverage as required in this
Agreement, the Town agrees, to the extent permitted by law, to indemnify and hold the Insured
Entities harmless against any and all liability resulting
coverage that may be out of compliance with these insurance requirements.
8. Insurance Certification: Upon execution of this Agreement, the Town shall promptly provide the
Insured Entities with (a) Certificate(s) of Insurance for all coverages required herein at the
following address:
National Grid
Attn: Risk & Insurance, Bldg. A-4
300 Erie Boulevard West
Syracuse, NY 13202
The Town shall provide the Insured Entities with at least 30 days prior written notice at the above
address of any cancellation or diminution of the insurance coverage required in this Agreement.
9. Insurance Obligation: If any insurance coverage is not secured, maintained or is cancelled and the
Town fails immediately to procure other insurance as specified, the Company has the right, but not
the obligation, to procure such insurance and to invoice the Town for said coverage.
10. Incident Reports: The Town shall furnish the Risk & Insurance Department of National Grid USA at
the address referenced in Section 8 above with copies of any non-privileged accident or incident
the Town
incidents or events occurring as a result of the performance of all operations, work and services to be
performed by or on behalf of the Town under or in connection with this Agreement, excluding any
accidents or incidents occurring on the Town property. If any of the Insured Entities are named in a
lawsuit involving the operations and activities of the Town associated with this Agreement, the Town
shall promptly provide copies of all insurance policies relevant to this accident or incident if
requested by the Company. However, in the event such Documents are deemed privileged and
confidential (Attorney/Client Privilege), the Town shall provide the relevant facts of the accident or
incident in a format that does not violate such Attorney/Client Privilege.
11. Other Coverage: These requirements are in addition to any which may be required elsewhere in this
Agreement. In addition, the Town shall comply with any governmental site specific insurance
requirements even if not stated herein.
12. Coverage Limitation: Nothing contained in this article is to be construed as limiting the extent of the
Town
performed by or on behalf of the Town under or in connection with this Agreement, or limiting,
diminishing, or waiving the Town
Entities in accordance with this Agreement.
\[End of Document\]
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN COUNSEL
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
TEL. (978) 794-1709
Suzanne P. Egan
FAX (978) 688-9556
Town Counsel
To: Chairman and Members of the Board of Selectmen
From: Suzanne P. Egan, Town Counsel
Date: July 12, 2017
Re: Wellington Woods Conservation Restriction
Wellington Woods Homeowner Association Trust, through Messina Development Company,
Inc. to the Town of North Andover as a part of its Definitive Subdivision Plan of Wellington
Woods. The Conservation Commission has reviewed and signed the document.
The Executive Office of Energy and Environmental Affairs of the Commonwealth of
Massachusetts has approved the form of the restriction and will review it for final approval once
the parties have signed it.
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN COUNSEL
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
TEL. (978) 794-1709
Suzanne P. Egan
FAX (978) 688-9556
Town Counsel
To: Chairman and Members of the Board of Selectmen
From: Suzanne P. Egan, Town Counsel
Date: July 11, 2017
Re: Alcoholic Beverages Regulations
Attached please find the revised Alcoholic Beverages regulations with the change requested at
the May I have highlighted the sections with changes.
Section B (32) has been changed by deleting the requirement that license holders self-report
police calls to their premises. Section C (4) Convenience Stores has been deleted as it appeared
to be the consensus of the Board that requiring store owners to segregate or curtain alcoholic
beverages when they may not be sold was unnecessary.
TOWN OF NORTH ANDOVER
ALCOHOLIC BEVERAGES REGULATIONS
TABLE OF CONTENTS
PAGE
Section A. Definitions
Section B. General Rules and Regulations For All LicensesSection A. GENERAL APPLIES
TO ALL LICENSES ...................................................................................................................... 1
1. Legislative Authority ................................................................................................................. 3
2. Filing of Applications ................................................................................................................ 3
3. ReapplicationsReapplication .................................................................................................... 4
4. Compliance With All Laws and Regulations .......................................................................... 5
5. Corporate and Trade Names .................................................................................................... 5
6. Cessation of Operations ............................................................................................................ 5
7. Bankruptcy and Court Proceedings ........................................................................................ 5
8. Corporate Transactions ............................................................................................................ 5
9. Foreclosure on Loans ................................................................................................................ 6
10. Manager and Alternate Managers ........................................................................................... 6
11. Manager's Responsibilities ....................................................................................................... 6
121. Employee Consumption Prohibited ......................................................................................... 7
132. Service Prohibited To Certain Individuals.............................................................................. 7
143. Identification Cards ................................................................................................................... 7
154. Discrimination Prohibited ........................................................................................................ 7
165. Employee List To Be Maintained ............................................................................................. 7
176. Employee Training .................................................................................................................... 7
187. Suspension. Revocation. or Modification of Licenses ............................................................. 8
198. Display of Licenses and Permits ............................................................................................... 8
2019. Hours of Operation .................................................................................................................... 9
210. Employees On Premises After Closing Hours ......................................................................... 9
221. Access To Premises By Police and Agents ............................................................................... 9
232. Inspection of Premises ............................................................................................................... 9
243. Premises' Description .............................................................................................................. 10
254. Prohibited Activities ................................................................................................................ 10
i
265. Posting of Suspension Notice .................................................................................................. 10
276. Refuse Removal ....................................................................................................................... 10
27. Insurance 5
28.28. One-Day Liquor Licenses ....................................................................................................... 11
29. Sunday Package Store Openings ............................................................................................ 12
30. Application Process; Fees ....................................................................................................... 12
2931. Scheduling of Public Hearings................................................................................................ 16
302. Violations .................................................................................................................................. 17
Section CB. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES ... 20
1. Food Service Required ............................................................................................................ 20
2. ........................................................................................... 20
3. Interior Lighting ...................................................................................................................... 21
4. Hours of Operation .................................................................................................................. 21
5. Hours of Sales Restricted ........................................................................................................ 21
6. Service Limited To Approved Areas...................................................................................... 21
7. Service Limited To Food Service Areas................................................................................. 22
8. Consumption On Premises ..................................................................................................... 22
9. Serving Containers .................................................................................................................. 22
10. Charge For Alcoholic Beverages ............................................................................................ 22
11. Service of Alcoholic Beverages Limited ................................................................................. 22
12. Changes To Premises Or Operation ...................................................................................... 22
13. Permits For Changes To Premises ......................................................................................... 23
14. Entertainment .......................................................................................................................... 23
15. Annual Financial Report......................................................................................................... 23
Section DC. APPLIES TO RETAIL PACKAGE STORE LICENSES .................................. 23
1. Hours of Sales .......................................................................................................................... 23
2. Consumption On Premises Prohibited .................................................................................. 24
3. Premises' Description .............................................................................................................. 24
4. Convenience Stores .................................................................................................................. 24
5. Posting of Prices ....................................................................................................................... 25
6. Deliveries Off Premises ........................................................................................................... 25
Section E. SPECIAL ONE DAY LICENSES
Section ED. APPLIES TO CLUB LICENSES ........................................................................ 25
1. List of Officers and Members ................................................................................................. 25
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2. Guest Register Book ................................................................................................................ 25
3. Only Members and Guests To Be Served .............................................................................. 26
4. Hours of Sales .......................................................................................................................... 26
6. Clear View of Premises' Interior ............................................................................................ 26
7. Interior Lighting ...................................................................................................................... 27
8. Consumption on Premises....................................................................................................... 27
9. Serving Containers .................................................................................................................. 27
10. Service of Alcoholic Beverages Limited ................................................................................. 27
11. Changes To Premises............................................................................................................... 27
12. Permits For Changes To Premises ......................................................................................... 27
13. Annual Financial Report......................................................................................................... 28
Section F.E. APPLIES TO DRUGGIST LICENSES .............................................................. 29
1. Not For Beverages Purposes ................................................................................................... 29
2. Recording Sales ........................................................................................................................ 29
iii
A. Section A. DEFINITIONS
As used throughout these regulations, the terms contained within Massachusetts General Laws
chapters 138 and 140 will have the meaning as defined by statute. In addition and to the extent
not inconsistent with the General Laws of the Commonwealth, specifically chapters 138 and 140,
the following terms shall have the following meanings:
ABCC-the Alcoholic Beverages Commission of the Commonwealth of Massachusetts;
Abutters- persons or entities listed on the
who are owners of real property which physically touch the real estate of the proposed licensed
premises excluding record owners of real property located across a public way;
Commission- pursuant to Chapter 5, Paragraph 3-5-1 of the North Andover Home Rule Charter,
the Board of Selectmen shall act as the licensing authority of the Town and shall be referred to
herein as the Licensing Commission, or Commission;
Club- an entity licensed under M.G.L. c. 138, §12, that has been granted a license by the
Commission and the ABCC to restrict admission to the licensed premises to its members and to
guests introduced by members, and to no other persons;
Common Victualler- the keeper of a restaurant or public eating house where food is prepared and
served to be consumed on the premises;
Licensed Premises- the area designated by the Commission upon which a license may conduct
business as licensed under these Regulations;
Licensee- any person or entity granted a license by the licensing authority;
Licensing Agent- the Town of North Andover Town Clerk;
Licensing authority the Licensing Commission, Commission or the ABCC, as appropriate;
1
Manager- a responsible person designated by the licensee vested with full authority and control
of the license premises and of the conduct of all business therein who directs and controls the
day to day operation of the business of the licensed premises;
Retail Package Store- an establishment that offers alcoholic beverages for retail sale, not to be
consumed on the premises.
2
A.B. GENERAL APPLIES TO ALL LICENSES
1. Regulatory Legislative Authority
These regulations are adopted, and may be amended from time to time, by the North Andover
Board of Selectmen (hereinafter referred to asthe , pursuant to the provisions of
Massachusetts General Laws, c.Chapter 138, § 23 and c. 140, § 2, 177A, 183A.. The Board is
designated by Chapter 5, § 3-5-1 of the North Andover Charter as the local licensing authority
known as the Licensing Commission. Any and all alcoholic beverages and common victualler
licenses issued by the BoardCommission shall be governed by these regulations, M.G.L.
Chapters 138 and 140, Chapter 204 of the Code of Massachusetts Regulations and any other the
statutes, rules and regulations of Commonwealth of Massachusetts or the Alcoholic Beverages
Control Commission (hereinafter referred to as ABCC, as the same may be amended
from time to time.
2. Severability
The Boardregulations are severable, and if any section, paragraph or any part or provision of
the application thereof is held by a court of competent jurisdiction to be invalid, or rendered
invalid by an amendment to the General Laws of the Commonwealth, such invalidity will not
affect any other regulation of the Board which shall remain in full force and effect.
3. Discrimination Prohibited
No licensee, employee, or manager may make any rule or policy that makes any distinction,
discrimination or restriction on account of race, color, creed, sex, sexual orientation, gender
identification or ancestry relative to the admission or treatment of any person.
42. Filing of Application Processs
The Town Clerk is the designated Licensing Agent of the Licensing Commission.Board. All
license applications and required forms for all licenses issued by the Commission must be must
be "completecomplete, legible, and accurate and submitted in a timely manner " to ensure proper
processing be processed by the Licensing Agent. It is the sole responsibility of the applicant to
fully and accurately complete all applications and forms as required. Failure to complete
applications according to this section may result in sanctions up to and including denial,
3
modification, revocation or cancellation of the license. A complete application shall include the
following:
a) Fully complete, accurate and executed Licensing Commission and ABCC application
forms, attachments and procedural requirements, plus any additional information or
documentation or approvals required by the Commission, Town, or the ABCC ;
b) All taxes and charges owed the Town must be paid on a current basis; and,.
b)c) Board of Selectmen (hereinafter the "Board"). An application shall be considered
"complete", and therefore accepted for processing, when it has been filed in accord
with the Town's procedural instructions and all forms required have been fully
completed and executed. All Ffiling fees charged by the Commission and the ABCC
must be paid in full at the time of filing the application with the
Licensing Agent. Once an application has been accepted by the Licensing Agent,
filing fees are non-refundable.
Aupon approval of
the license and no license shall issue until all license fee are paid. License fees shall
not be prorated and are not refundable and,
5. Record of Licensed Premises and Licenses Issued
A A record of all liquor licenses issued by the Licensing CommissionLicensing Commissioners,
both as to premises and owner, shall be maintained in by the Licensing Agent. The record the
office of the Town Clerk. Said file shall contain all applications, correspondence, decisions
regarding the licensed premises, and other written information. TThe record he file of each
owner and premises shashall be reviewed annually at the time of license renewal.
63. Reapplications
No application by the same applicant for the same type of license to be exercised on the same
premises may be filed within one year of the date of his/her last application. The Commission
cannot receive more than two applications for the same premises in the same license year. This
provision does not apply to One Day Special Licenses. An application that has been
denied,Once denied, applications may not be resubmitted for twelve (12) months unless at a
4
meeting of the Licensing Commission a Board member, who previously voted against the
license application, moves to allow the resubmission and such motion prevails.
74. Compliance with All Laws and Regulations
Licensees shall maintain their premises and operations in compliance with all applicable state
and local building, fire safety and sanitary codes, laws and regulations. All taxes and charges
owed the Town must be paid in a timely manner. Failure to comply with any of these laws and
regulations shall be sufficient cause for revocation, suspension, or modification of license.
85. Corporate and Trade Names
No licensee shall conduct business or assume obligations for a licensed premises under any
corporate or trade name other than that under which ithe/she is licensed. Any change in corporate
name or status or any change in trade name (DBA) shall require the prior approval of the
CommissionBoard.
96. Cessation of Operations
Any licensee intending to close a place of business, whether on a temporary or permanent basis,
must notify the CommissionBoard in writing before such closing stating the reason and length of
such closing. Failure to provide such notice may result in the revocation of the license.
107. Bankruptcy and Court Proceedings
The licensee shall immediately notify the CommissionBoard, in writing, of any proceedings
brought by or against the licensee under the bankruptcy laws or of any other court or
administrative proceedings which may affect the status of the license.
118. Corporate Transactions
The licensee shall not change managers, change corporate officers, sell or transfer corporate
stock, pledge corporate stock or liquor license as security, or accept a loan or credit from another
licensee, without first obtaining the approval of the CommissionBoard. No person may have a
5
direct or indirect beneficial interest in a license without first obtaining the approval of the
CommissionBoard.
129. Foreclosure on Loans
Assignment of stock in incorporated licensed establishmentsplaces for the purpose of
safeguarding the assignee on loans or other legal matters, etc., gives no right to such assignee to
conduct the business of the licensee; therefore, licensees must notify the CommissionBoard
immediately when the assignee forecloses under such assignment of stock.
130. Manager and Alternate Managers
No corporation shall be approved for a license unless the corporation, by vote of its Board of
Directors, has appointed a Manager who is a United States citizen and who has been vested with
full authority and control of the premises and the business to be licensed. A corporation may
appoint up to two Alternate Managers to be in charge in the absence of the Manager; however,
the Manager must be on the premises at least fifty (50) percent of the time the premises are open.
At no time shall the premises be open without a duly appointed and approved Manager or
Alternate Manager in charge. The Manager shall have total responsibility for the proper
operation of the licensed premises, whether present or not. All managers and alternate managers
must submit fingerprints in accordance with the Town of North Andover Bylaws, Article 6,
Chapter 103. No appointment of a Manager or Alternate Manager shall be effective unless and
until approved by the BoardCommission.
a. 11a. Manager's Responsibilities
The Manager shall at all times maintain order and decorum in the premises and in the
immediately surrounding area of the premises and shall cooperate in all ways with Town
Officials in ensuring safe and orderly facilities. There shall be no disorder, indecency,
prostitution, lewdness or illegal gambling on the licensed premises.
b. b. Change of Manager
By the close of the next business day following the termination of employment of the Manager,
for any reason, the licensee must file with notify the Town Clerk, in writing, of the name of the
6
person who will discharge the duties of Manager pending selection and approval of a new
Manager. If, at any time, there is a change in the Manager of Record for the licensed premises,
an application for change of Manager must be filed no later than thirty (30) days after the
effective date of the change. The CommissionBoard may impose a penalty for failure to file a
timely application for change of Manager, which may include a penalty of suspension that may
be up to one day of suspension for each day of noncompliance, unless the CommissionBoard
finds that there were circumstances which excused the non-compliance.
1241. Employee Consumption Prohibited
No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on
duty or after the official closing hour.
1352. Service Prohibited To Certain Individuals
No alcoholic beverages shall be sold to anyone under twenty-one (21) years of age.
1463. Identification Cards
Only an original motor vehicle driver's license with photograph, a Massachusetts Liquor
Purchase Identification Card, a valid passport issued by the United States government, or by the
government, recognized by the United States government, of a foreign country, or a valid United
States issued active duty Military Identification Car, shall be accepted as proof of age.
154. Discrimination Prohibited
No licensee shall make any distinction, discrimination or restriction on account of race, color,
creed, sex, sexual orientation, or ancestry relative to the admission or treatment of any person.
16517. Employee List to Be Maintained
An up-to-date list of all employees shall be available on the premises at all times for review by
authorized agents of the BoardCommission.
1786. Employee Training
7
Aa. Any licensee holding an All Alcohol, including seasonal, or Beer and Wine license shall
participate in a program designed to train employees, who engage in either package sales or
pouring, in methods of observation and detection to avoid selling or serving to intoxicated
persons and/or minors that is appropriate to the type of license issued.
Bb. No program shall be deemed to meet the requirements of this policy unless it is
recognized by the Liquor Joint Underwriters Association or approved by the Licensing
Commissioners.
Cc. All licensee personnel shall be required to participate in a training program based upon
the type of license issued, as determined by the Licensing Commissioners. New employees of
any licensee will have 45 days from the date of employment to become certified. All new
licensees shall either provide proof of certified training prior to the issuance of the alcoholic
license or within 90 days of issuance of the alcoholic license.
Dd. A written description of such program, along with a written policy outlining the
employees' responsibilities and the disciplinary measures which will be taken against any
employee for violating said policy, shall be filed with the BoardCommission and be maintained
on the premises at all times. A signed certification of each employee, indicating that the
employee has received the described training and has reviewed and understands the written
policy describing his or her responsibilities and the disciplinary action which will be taken for
violations, shall be maintained on the premises at all times. Copies of all such documents and
certifications shall be available to the licensing authority, or any authorized agent thereof, upon
demand.
1897. Suspension. Revocation., or Modification of Licenses
All licenses are subject to suspension, revocation or modification for breach of any conditions,
regulations or laws of the Town of North Andover or the Commonwealth of Massachusetts. The
BoardCommission of Selectmen reserves the right to change or add to any license conditions or
any regulations after notice to the licensee and a hearing thereon.
20198. Display of Licenses and Permits
8
AAll licenses and permits issued by the TownCommission shall be prominently displayed within
the licensed premises at all times in a conspicuous location, readily visible to the public.
displayed on the premises in a conspicuous place where the public has access and may read.
202119. Hours of Operation
The hours of operation shall be restricted to those set by the BoardCommission and as required
by M.G.L. c. 138. No patrons shall be on the premises before the official opening hours nor after
the official closing hours.
2120. Employees on Premises After Closing Hours
Owners and employees must be off the premises no later than sixty (60) minutes after the
"Official Closing Hour", provided however, that such owners and employees may be on the
premises at any time for the purpose of cleaning, making emergency repairs, providing security
for such premises, or preparing food for the next day's business or opening or closing the
business in an orderly manner. If it is necessary to have workmen other than employees on the
premises after hours, or if it is necessary for the owners or employees to be on the premises
beyond sixty (60) minutes after closing hour, the Manager or Alternate Manager must contact the
North Andover Police Department and state the reason and names of the people on the premises
as well as the hours they will be on the premises. Failure to provide such notice shall be cause
for action against the license.
2231. Access to Premises By Police and Agents
It shall be the responsibility of the licensee to ensure that procedures are in place, be it by posting
security personnela doorman or otherwise, to allow Police and authorized agents of the
BoardCommission, immediate entrance into the premises at any time employees are on the
premises. Any delay in providing such access shall be cause for action against the license.
2342. Inspection of Premises
The licensed premises shall be subject to inspection by the Police Department, Fire Department,
Building Inspector, the the BoardCommission and its /or any duly authorized agentss of the
9
Board. Any hindrance or delay of such inspection caused by an employee of the licensee shall be
cause for action against the license.
2453. Premises' Description
No licensee shall keep for sale, store, or sell alcoholic beverages in any part of the premises not
specified on the license, such as a patio or sidewalk. No physical changes to the premises shall
be made without the prior approval of the BoardCommission and approved by the ABCC and no
alcoholic beverages may be sold or stored in said area prior to the issuance of an amended
license that shows the modifications or additions to the licensed premises.
2564. Prohibited Activities
No employee and/or entertainer shall solicit, induce or request a patron to purchase any alcoholic
or non-alcoholic beverage for them or any other person. There shall be no disorder, indecency,
prostitution, lewdness, drug offenses, illegal gambling, or other illegalities permitted in the
licensed premises or any premises connected therewith by an interiorim corridor, hallway, or
other access or egress.
267.5. Posting of Suspension Notice
Whenever the BoardCommission suspends the license or licenses of any licensee, the
BoardCommission shall provide the licensee with a sign containing the words "Closed by order
of Licensing BoardCommission for the Town of North Andover," which sign shall be attached
on the inside but visible from the outside of the licensed premises in a conspicuous place during
the entire period of such suspension.
2786. Refuse Removal
No licensee shall allow refuse generated at the premises to be collected by any contractor
between the hours of 11:00 P.M. and 7:00 A.M. On Sundays and legal holidays no such
collection shall be allowed prior to 10:00 A.M. or after 10:00 P.M. Refuse shall be removed a
minimum of twice each week, and more often if necessary, to prevent any nuisance conditions.
All refuse shall be stored in a dumpster or in such other manner as approved by the North
10
Andover Health Department, and shall be maintained in accordance with the regulations and
conditions of the North Andover Health Department.
297. Insurance
The licensee must at all times maintain the requisite insurance as required by M.G.L. ch. 138,
§12. The applicant must annually provide proof of insurance to the CommissionLicense
Commission.
28. One-Day Liquor Licenses
(a) A One Day Liquor License shall be required for all events held outside of a private residence
that offer the sale of alcoholic beverages in accordance with M.G.L. ch. 138, §14.
(b) For events that require a One Day Liquor License, all alcohol must be purchased from a
licensed Massachusetts wholesaler, in compliance with M.G.L. ch. 138, §14 or a caterer licensed
under M.G.L. ch. 138, §
through the State Alcoholic Beverages Control Commission.
(c) One Day Liquor Licenses may only be issued to a natural person or a natural person in
conjunction with a business, organization or charity. The person named on the One Day Liquor
License must sign the application for the license and is responsible for management of the
license and shall be on the premises for the entire event.
(d) A person or entity may only be issued a maximum of thirty (30) Special Licenses in any
calendar year.
(e) All events that require a One Day Liquor Licenseactivities at which liquor is dispensed and
which are held at locations not possessing a liquor license, will require a police officer in
attendance except weddings and church functions during the daytime.
(f) All events that require a One Day Liquor License and also require a activities at which liquor
is dispensed and have a one-day gambling license and/or raffle and bazaar permit (i.e., Las
Vegas Night, etc.) will require a police officer in attendance.
(g) No alcohol may be stored on any unlicensed premises. For events covered under a One Day
Liquor License, alcohol must be delivered the day of the event and removed from the premises
after the event and at the expiration of the One Day Liquor License License.
11
(h) The licensee shall post the One Day Liquor License in a conspicuous location during the
event.
(i) Applications for a One Day Liquor License can be obtained from the or
may be found on the and must include the appropriate fee ($100.00 for All
Alcohol/$75.00 for Wine and Malt).
(j) Applications for a One Day Liquor License must be submitted to the T
later than thirty (30) days prior to the event.
(k) In cases where requests for One Day Liquor Licenses cannot be met in a timely manner as
part of the normal meeting schedule of the Board of Selectmen, the Chairman of the Licensing
Commission shall have the authority to approve said licenses.
29. Sunday and Holiday Package Store Openings
Sunday and Holiday Package Store Openings shall be allowed, subject to the following
conditions:
2. Conditions.
a. No sales of liquor shall take place prior to 120:00 noon a.m..
b. Stores may not open on Memorial Day, Thanksgiving Day or on Christmas Day.
c. Stores must close not later than 11:00 p.m. (11:30 p.m. if the following day is a Monday
Holiday). The local authority may require an earlier closing.
d. Establishments which employ more than 7 persons shall pay all employees at a rate of not
less than one and one half times the employee's regular rate.
e. No employee shall be required to work on a Sunday, and refusal to work on a Sunday
shall not be grounds for discrimination, dismissal, discharge, deduction of hours, or any other
penalty.
3030. Application Process Process;and Fees
1. 1.a. Applicant must file a completed and signed Town of North Andover General
License aApplication and an ABCC application shall be submitted to with the Licensing
Commissioners Commission through the Licensing Agent located at the at
12
the Selectmen's Office (Town Clerk's Office), Town Hall, 120 Main Street, Town Hall.
North Andover. The General License ApplicationApplication may be obtained from the
The ABCC application can be found online at www.mass.gov/abcc.
Click on forms and applications and complete the appropriate application. ,
1. b. Applications are not complete unless all required documents are attached. A
checklist of required documents is provided with the ABCC application.
2. c. Fees:
1. Applicant must include the filing fee of $200.00 made payable to the Alcoholic
Beverage Control Commission and $100 made payable to the Town of North Andover
shall be submitted with the application. Payment may be made by certified check or
money order.
shall consist of the following:
a. Five (5) page application form.
b. Form 983 or 983A - if transfer of license
c. or money order made payable to Alcoholic Beverage
Control Commission (Filing Fee), and $100 filing fee made payable to the Town of North
Andover.
d. Articles of Organization (if a Corporation) as filed with the Massachusetts Office
of the Secretary of the Commonwealth (must contain the seal of the Secretary of the
Commonwealth).
e. If the applicant is a partnership, a copy of the partnership must be included.
f. If a corporation, vote of the Board of Directors of the Corporation appointing a
Manager. All Managers must be United States Citizens and must be at least 21 years of age.
g. ABCC Form A. If a corporation, the manager must complete the form. If a
partnership, each partner must complete the form. If an individual, the individual must complete
the form.
h. Plan Requirements: Eight (8) copies of a floor plan, drawn to scale showing
proposed kitchen equipment, tables, seating, and location of storage for alcohol, if applicable.
Eight (8) copies of site plan with layout of parking. Package stores must show the general layout
of the store and location of cash registers.
13
3. iThe .2. All applications must also include an the appropriate License Fee by
(Ccertified check or money order payable to the Town of North Andover except that one
day license fees may be paid by cash or personal check:
$3,000- Restaurant - All Alcoholic Beverages
$2,000 - Restaurant - Wine & Malt
$2,200 - Innholder - All Alcoholic Beverages
$2,000 - Club - All Alcoholic Beverages
$2,000 - Package Stores - All Alcoholic Beverages
$1,500 - Package Stores - Wine & Malt
$100 One Day All Alcoholic
$75 One Day Wine and Malt
j. Renewal applications shall include a Certificate of Occupancy from the building
inspector for all license holders and a Certificate of Inspection from the Fire Chief
for all on-premises license holders with entertainment licenses.
l. License renewals are subject to review by the Board annually in the month of
November.
4. d2. Within ten (10) days of receipt of a complete application, the Commission,
through its licensing agent shall publish notice, at the expense of the applicant. The
notice shall set forth the name of the applicant, the kind of license applied for, a
description of the location, and area where the license is intended to be exercised,
including the street and number. After such publication the date and newspaper of the
publication shall be noted on the application. The Commission shall hold a A public
hearing to review each application. shall be scheduled before the North Andover
Licensing Commissioners and must be advertised in the local newspaper.The applicant
shall be responsible for publication of the notice of public hearing by paying the local
newspaper, tThe Lawrence Eagle Tribune, for the cost of publication. The Within ten
(10) days of the receipt of the application, the Board will place a notice in the local
newspaper, The North Andover Citizen or the Eagle Tribune. The bill for this ad is the
responsibility of the applicant. The Citizen is a weekly newspaper, which is published on
14
Friday. The Eagle Tribune is a daily paper. The bill for this ad must be paid to the Citizen
or the Eagle Tribune prior to advertising the legal notice. It is also the applicant shall 's
responsibility to mail a certified copy of notice of the application and hearing to all
abutters within three (3) days of the publication of the legal notice of the public hearing.
ad appearing. An abutters list of each of the
recent valuation list as the owners of the property abutting on the premises where the
license is intended to be exercised shall be obtained. may be obtained through the
Assessor's Office. An affidavit of the person making such publication on behalf of the
Commission, Aan attested copy of the notice published, andad and certified receipts of
shallmailing shall be filed with the Licensing CommissionersCommission at or before the
public hearing. The public hearing shall be held not sooner than ten (10) days after
publication according to Massachusetts General Laws, Chapter 138, §Section 15A.
aa.1. For purposes of liquor license applications, an abutter is a person whose property
directly touches the proposed premises - not someone across the street.
bb.2. Churches, synagogues, hospitals and public or private elementary or secondary
Schools located within five hundred (500) feet of the premises of a liquor serving
establishment must be notified by registered or certified mail.
35.e. The applicant shall contact the Board of Health, Building Inspector, Fire Chief, Police
requirements. A recommendation from these departments is required for issuance of a
license. The Applicant shall also meet with the Technical Review Committee (TRC)
prior to submission of an application and shall include the report of the TRC with the
application.
46.f. The applicant must be present or have representation present at the public hearing.
5e. If approved, the application shall be forwarded to the Alcoholic Beverages Control
Commission for approval prior to the issuance of the license.
15
67.g. Approval of an application by the Local BoardCommission is only the first step in the
approval process. If approved, the application shall be forwarded to the ABCC for
approval.The second step is approval by the Commonwealth of Massachusetts ABCC. If
tThe ABCC must approve the application before the he ABCC approves, the final step is
issuance of the license may be issued by the Local BoardCommission. The applicant
may not operate under the license
Uuntil and unless the a license is issued. If the application is for a transfer of a license, the , the
new owner may not take part in the operation of the premises and thlicense holder
remains responsible for the operation of the licensed premises until the new license
issued.e old owner, if any, is still liable for the operation of the premises.
After the initial local approval the application goes to the ABCC. The ABCC sends it to the
Department of Revenue (DOR). If DOR determines one or more parties owe taxes they will
notify the ABCC and the seller. The ABCC will also notify the buyer. The ABCC will not
approve the license until DOR signs off. It is up to the parties, not the ABCC, to resolve tax
questions.
The ABCC will also have an investigator visit or telephone the applicant to ask certain
information about the people involved and the financing. It is important that the parties
respond promptly to investigators' inquiries.Therefore, applicants should know that there
is a possibility that a license may not be issued. Operation without a license may can be
considered in determining evidence of thatan applicant's unfitness for a license.
Discipline for operating without a license prior to a transfer or new license issuing may
result in It can also lead to revocation ofthe suspension or revocation of the existing
license and possible civil and criminal liability for both the licensee and the applicant.a
buyer and seller.
31. Scheduling of Public Hearings
The Police Chief shall notify in writing the Town Manager of possible violations of these
regulations or applicable state laws including, but not limited to:
a. Operating Under the Influence of Liquor Arrests when an investigation indicates that the
alcohol was consumed at a licensed establishment.
b. Minors being served or sold alcoholic beverages.
16
c. Disturbances or disorderly conduct reports on the licensed premises or adjacent
properties and/or parking lots.
d. Protective custody incidents taking place in or adjacent the premises. The investigation
of these types of incidents shall address situations where the licensed establishment management
acted properly by stopping a potentially hazardous driver from leaving the property.
e. Non-adherence to the requirements of Section 17
Upon receipt of a report of possible violation from the Police Chief, the Town Manager shall
convene a meeting of the Chair of the Licensing Board, the Chair of the Board of Selectmen and
the Town Manager at which time a determination will be made to schedule a public hearing on
the alleged violation. The Licensing Commission shall not await the outcome of any separate
court proceedings to schedule a hearing. Hearings shall be held in accordance with the provisions
of applicable law.
31., Renewals
All license holders Renewal applications shall include a Certificate of Occupancy from the
Building Inspector with the renewal application.for all license holders. For all on premise
license holders that also have entertainment licenses, a Certificate of Inspection from the Fire
Department must be included with the renewal application.
License renewals are subject to review by the BoardCommission annually in November.
32. Violations
1. Any time the Police are called to a licensed premises, Tthe Licensee shall notify in
writing the Licensing Agent of the incident including the name and address of the
individual involved, the date and time of the incident, the name of the manager, the
reason for the police call, the resolution of the call and whether the Licensee placed
the call. The Licensee shall provide notice within twenty four (24) hours of the
incident. The Police Police Chief shallshall also notify in writing the Licensing Agent
and the Town Manager of any alleged possible violations of these regulations or
applicable state laws, such as the following including, but not limited to:
17
a. Operating Under the Influence of AlcoholLiquor Aarrests when an investigation
indicates that the alcohol was consumed at a licensed establishment.
b. SMinors being serviceed or sold or sale of alcoholic beverages to a person under
the age of twenty-one (21).
c. Disturbances or disorderly conduct related to reports on the the licensed premises,
or adjacent properties and/or parking lots.
d. Protective custody incidents taking place in or adjacent to licensed the premises.
The report may note whether the licensee investigation of these types of incidents
shall address sattempted to prevent intoxicated individuals from ituations where
the licensed establishment management acted properly by stopping a potentially
hazardous driver from leaving the propertydriving or creating a risk of harm to
themselves or others.
e. Failure to properly train employees as required by Section 16 Non-adherence to
entitled
2. The Commission shall undertake an investigation of the incident and determine if a
public hearing should be held to consider whether a Upon receipt of a report of possible
violation from the Police Chief, the Town Manager shall convene a meeting of the Chair
of the Licensing Board, the Chair of the Board of Selectmen and the Town Manager at
which time a determination will be made to schedule a public hearing on the alleged
violation. violation has occurred and the disciplinary action to be taken. The
disciplinary process under the Commission, without regard to
any separate criminal or civil court proceedings. The Licensing Commission shall not
await the outcome of any separate court proceedings to schedule a hearing. Hearings shall
be held in accordance with the provisions of applicable law.
TWhen, after a hearing, he it is determined by the Board that a violation of the liquor law
has occurred or a licensee has failed to comply with the conditions of the license, these
policies and/or any applicable codes or regulations, the BoardCommission mayshall
consider the following factors when determining the appropriate discipline:the
18
appropriate disciplinary action. In determining the appropriate disciplinary action to be
taken, the Board shall consider the following:
a. number of prior offenses, including ABCC adjudicated violations
b. b. degree of inspection, etc. exhibited by Licenseecooperation of the
establishment owner, proprietor or operator with the Town Clerk,
Police Department, inspectors and other town officials in
the conduct of its business
c. severity and type of offense
d. the extent to which Licensee has established procedures to guard against
violationsinfractions and efforts to identify purchaser, if any, provided that
acceptance of a non-permissible form of identification shall not be a mitigating
factor
e. physical appearance of purchaser in cases of illegal sales
f. quality of evidence the particular merits of the case presented at the hearing
inclusive of such factors as intent, culpability of the parties,
and such other factors as the Board Commission may deem relevant.
A g. general reputation of Licensee
3.
4. Licensee may be subject to the following discipline: Penalties for violations of these
regulations shall be imposed in accordance with the following guidelines, to be imposed
after notice to the Licensee and hearing before the Board.
3.
First Offense: Written warning or 1 to 5 day suspension, at the discretion of the
BoardCommission.
Second Offense: (Within 60 months of first offense) 5 to 15 day suspension;
revocation or modifications may also be imposed.
19
Third & Subsequent
Offenses: (Within 60 months of second offense) 15 to 30 day suspension;
revocation or modifications may also be imposed.
The Commission may use its discretion in determining whether the facts surrounding a
violation warrant a penalty which is more lenient or severe than that suggested by the
guidelines.
5.4. The Commission may set the day and time that the suspension shall be served, if
the Commission does not set the day, the Licensee shall serve suspensions shall be served
on consecutive business days beginning on the third Thursday following the imposition
of penalties. by the Board.
B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES
1. Food Service Required
Licenses under M.G.L. c.Chapter 138, Section§ 12, otherwise known as restaurant liquor
licenses, may be issued only to duly licensed common victuallers and innholders who have
adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking
and serving suitable food for strangers, travelers and other patrons, as required by M.G.L.,
Cchapter. 140 and for the hours of sale specified in Section B.( 5). below. The regulations in this
Section shall also apply to clubs, to the extent that they may be applicable.
2.
No advertising matter, screen, curtain, or other obstruction which, in the opinion of the
BoardCommission, prevents a clear view of the interior of the premises shall be maintained in or
on any window or door thereof after the BoardCommission has ordered the removal of such
obstruction. No booths, stalls or enclosures of any description are permitted which prevent the
persons therein from being plainly observed by other persons on the premises.
20
3. Interior Lighting, Clear Exits and Lighted Exit Signs, Clear and Unobstructed Interior
At all times when people are present within or upon the licensed premises, the interior of the
licensed premises shall be safely and sufficiently illuminated and all exits will at all times remain
clear and unobstructed and be in proper working order providing for immediate emergency
egress. All exits will be properly designated by lighted exit signs in proper working order and in
proper locations at all times. All aisles, interior and exterior stairways, fire escapes, means of
egress, hallways, corridors and vestibules shall remain clear and unobstructed at all times.
licensees shall keep their licensed premises adequately and properly lighted at all times in a
manner satisfactory to the Board. The interior of the premises shall be well lighted at all times
with such lighting not to be less than one (1) foot candle (measured 30 inches from the floor)
except those portions of the room under furniture.
4. Hours of Operation
The hours during which such licensees may sell alcoholic beverages shall be those set forth in
the license, and if not set forth in the license, the hours shall be those generally fixed by vote of
the BoardCommission, subject to the General Laws of the Commonwealth. Last call shall be at
least one-half hour prior to the licensee's closing hour and all patrons must be off the premises by
the closing hour. All tables and bars must be cleared of all glasses, bottles, and containers of
alcoholic beverages within one-half hour after the closing hour. No alcoholic beverages shall be
sold or served prior to 8:00 A.M. on Monday through Saturday and 120:00 PA.M. on Sundays.
5. Hours of Sales Restricted
The hours for the sale and service of alcoholic beverages shall be further restricted to the hours
during which food service is available. No alcoholic beverages shall be sold unless food service
is available, except during the last hour before the official closing time.
6. Service Limited To Approved Areas
The service and consumption of alcoholic beverages shall be limited to those areas of the
premises approved by the BoardCommission. No alcoholic beverages shall be served or
consumed in any areas of the premises which have been excluded from the approved description
of the premises (i.e., patios or outdoor areas).
21
7. Service Limited To Food Service Areas
Food service shall be available in all areas and seats where alcoholic beverages are served except
in an approved waiting area. In such areas alcoholic beverages may be served to individuals who
have given their name to the maitre d' and are waiting to be seated for dining. The Manager shall
take appropriate measures to ensure that no one is served in the waiting area whose intention it is
not to dine. No more than two (2) standard sized drinks shall be served to any person in a waiting
area without the service of food.
8. Consumption On Premises
All alcoholic beverages shall be served in open containers and no such beverages shall be
allowed to be removed from the premises except as may be permitted by M.G.L. Cc.hapter 138,
§12 or other applicable law. No patron shall be allowed to bring alcoholic beverages on the
premises for the purpose of consumption on the premises.
9. Serving Containers
No alcoholic beverages, with the exception of wine, shall be served in any container or glass, the
capacity of which is in excess of sixteen (16) fluid ounces.
10. Charge For Alcoholic Beverages
No alcoholic beverages shall be sold for a fee less than the actual cost of the beverage to the
licensee. An admission charge shall not be credited towards the purchase price of any alcoholic
beverage. The price charged for alcoholic beverages shall not be discounted for any particular
hour(s) of the day or day(s) of the week. No minimum charge shall be made for alcoholic
beverages.
11. Service of Alcoholic Beverages Limited
No more than one (1) alcoholic beverage drink shall be served to a patron at one time. No patron
th
shall be served a fourth (4) alcoholic beverage drink without the prior approval of the Manager.
12. Changes To Premises Or Operation
22
Any proposed change in the physical description and appearance or character of the licensed
premises, including renovation work, number and location of seats and tables, or other such
changes, requires prior approval of the BoardCommission and the ABCC.
13. Permits For Changes To Premises
The Building CommissionerInspector shall, upon receipt of any permit application for work at a
licensed premises, immediately forward a copy of such application to the Town Manager. If the
Town Manager determines that such work requires prior approval of the BoardCommission,.
Hhe/she shall so notify the Building CommissionerInspector and licensee within ten (10) days of
receipt of the copy of the application by the Town Manager and no permit shall be issued until
the BoardCommission and the ABCC have approved the proposed work.
14. Entertainment
No forms of entertainment, including but not limited to radio, television, recorded or live music,
or dancing, shall be allowed without first obtaining an entertainment license from the
BoardCommission.
15. Annual Financial Report
Upon request of the BoardCommission, all licensees shall furnish an annual financial report from
a certified public accountant indicating the gross sales for food and gross sales for alcoholic
beverages for the preceding calendar year.
Section C. APPLIES TO RETAIL PACKAGE STORE LICENSES
1. Hours of Sales
stated by the terms of its license may sell alcohol between eight a.m. (8:00) and eleven
p.m. (11:00), except:
a. On days immediately preceding a legal holiday, alcohol may be sold until eleven thirty
p.m. (11:30),
23
b. On Sundays, no alcohol shall be sold prior to 10:00 a.m.. Package stores employing
more than seven employees, shall pay all employees working on a Sunday at a rate of not
less than one and one half times the employee's regular rate. No employee shall be
required to work on a Sunday, and refusal to work on a Sunday shall not be grounds for
discrimination, dismissal, discharge, reduction of hours, or any other penalty;
c. On Memorial Day, no alcohol shall be sold prior to 12:00 p.m. (noon),
d. On Thanksgiving and Christmas, no alcohol shall be sold.
e. The Commission may require an earlier closing by regulation or under the terms of an
individual license.
No sale or delivery of alcoholic beverages shall be made except during the legal hours of sale.
2. Consumption On Premises Prohibited
No alcoholic beverages shall be sold to be drunk on the premises. However, this section shall
not prohibit a licensee from offering free tastings as permitted by law or by regulation of the
ABCC.
3. Premises' Description
No licensee shall keep for sale, store, or sell alcoholic beverages in any part of the premises not
specified in the license.
4.
No advertising matter, screen, curtain, or other obstruction which, in the opinion of the
BoardCommission, prevents a clear view of the interior of the premises shall be maintained in or
on any window or door thereof after the BoardCommission has ordered the removal of such
obstruction. No booths, stalls or enclosures of any description are permitted which prevent the
persons therein from being plainly observed by other persons on the premises.
4. Convenience Stores
Any grocery and/or convenience store, which is the holder of a package goods store license and
which is open on a Sunday, must during any time that the store is open when alcoholic beverage
24
sales are not permitted, by means of a drop curtain, a wire mesh divider, or a gate at least five (5)
feet in height, close off from the rest of the premises that section in which the alcoholic
beverages are displayed. No patrons shall be permitted to enter that area of the premises
containing such beverages.
5. Posting of Prices
All prices that can be seen by customers in the licensee's store, whether on shelves, in circular
form or otherwise, must correspond with the current posted price list.
6. Deliveries Off Premises
A written record shall be maintained listing the name and address of every person to whom a
delivery of alcoholic beverages is made outside of the premises. Such record shall include the
amount of alcoholic beverages that were delivered, the date and time of delivery and the
signature of the person receiving the delivery. Such records shall be maintained for a period of
not less than one year and must be available for inspection by the BoardCommission and its
agents at all times.
Section D. APPLIES TO CLUB LICENSES
1. List of Officers and Members
st
Annually tThe licensee shall submit to the boardCommission no later than March 31 of each
year within three months after January first
directors or officers, members, and employees, as of January first. The salaries of all employees
serving or handling alcoholic beverages shall be included. Such list shall be maintained current
during the year and be available for inspection on the premises at all times.
2. Guest Register Book
A guest register book shall be maintained which indicates the name of the guest and the member
accompanying the guest. No guest shall be allowed to enter the premises unless he/she is invited
25
and accompanied by a member and signs the guest register. Such guest register shall be available
for inspection at all times.
3. Only Members and Guests To Be Served
Only members and their properly registered guests over the age of twenty-one (21) shall be
served alcoholic beverages.
4. Hours of Sales
The official closing hour, which shall be set by the BoardCommission, shall be no later than 2:00
a.m. on Friday and Saturday nights and 12:00 A.M. on all other nights. Last call shall be at least
one-half hour prior to the licensee's closing hour and all members and guests must be off the
premises by the closing hour. All tables and bars must be cleared of all glasses, bottles, and
containers of alcoholic beverages within one-half hour after the closing hour. No alcoholic
beverages shall be sold or served prior to 8:00 a.m. on Monday through Saturday, 120:00 pa.m.
on Sundays, or after and out BoardCommission approval. For
special occasions or events, the boardCommission may, after application by the licensee, extend
the official closing hour.
5. Service Limited To Approved Areas
The service and consumption of alcoholic beverages shall be limited to those areas of the
premises approved by the BoardCommission. No alcoholic beverages shall be served or
consumed in any areas of the premises which have been excluded from the approved description
of the premises (i.e., patios or outdoor areas).
6. Clear View of Premises' Interior
No advertising matter, screen, curtain or other obstruction, which, in the opinion of the
BoardCommission, prevents a clear view of the interior of the premises shall be maintained in or
on any window or door thereof after the BoardCommission has ordered the removal of such
obstruction. No booths, stalls or enclosures of any description are permitted which prevent the
persons therein from being plainly observed by other persons on the premises.
26
7. Interior Lighting
The interior of the premises shall be well lighted at all times with such lighting not to be less
than one (1) foot candle (measured 30 inches from the floor) except those portions of the room
under furniture All licensees shall keep their licensed premises adequately and properly lighted
at all times in a manner satisfactory to the BoardCommission.
8. Consumption on Premises
All alcoholic beverages shall be served in open containers and no such beverages shall be
allowed to be removed from the premises. No patron shall be allowed to bring alcoholic
beverages on the premises for the purpose of consumption on the premises.
9. Serving Containers
No alcoholic beverages, with the exception of wine, shall be served in any container or glass, the
capacity of which is in excess of sixteen (16) fluid ounces.
10. Service of Alcoholic Beverages Limited
No more than one (1) alcoholic beverage drink shall be served to a member or guest at one time.
th
No member or guest shall be served a fourth (4) alcoholic beverage drink without the prior
approval of the Manager.
11. Changes To Premises
Any proposed change in the physical description and appearance or character of the licensed
premises, including renovation work, number and location of seats and tables, or other such
changes, requires prior approval of the BoardCommission and the ABCC.
12. Permits For Changes To Premises
The Building Commissioner shall, upon receipt of any permit application for work at a licensed
premises, immediately forward a copy of such application to the Town Manager. If the Town
Manager determines that such work requires prior approval of the BoardCommission, he/she
shall so notify the Building Inspector and licensee within ten (10) days of receipt of the copy of
27
the application. by the Building Inspector and nNo permit for work at a licensed premises shall
be issued until the BoardCommission and ABCC has approved the proposed work.
13. Annual Financial Report
Upon request of the BoardCommission, all licensees shall furnish an annual financial report from
a certified public accountant indicating the gross sales for food and gross sales for alcoholic
beverages for the preceding calendar year.
E. Special One Day Licenses
1. One Day License Required
A Special One Day License shall be required for all indoor or outdoor
events or enterprises that sell alcohol except those held in a private residence. M.G.L. c. 138,
§14. A One Day License may be issued for up to 30 thirty days. It is recommended that an
applicant apply for a One Day License for three or four days to allow for proper delivery, storage
and disposal of all alcoholic beverages purchased.
2. Purchase Requirements
All alcohol offered for sale under a One Day License must be purchased from a licensed
Massachusetts wholesaler, or a caterer licensed under M.G.L. c. 138, §12C. A list of wholesalers
is available the ABCCsite.
3. Applicant Requirements
A One Day License may only be issued to a natural person, a natural person may be a manager
of a business, organization or non-profit organization. The person requesting to be named on the
One Day License must sign the application for the license and is responsible for management of
the license and shall be on the premises for the entire event. A One Day license shall not be
granted to a person that has an on premises application pending before the Commission or for
any premises that has an alcoholic beverage license. An all alcohol One Day License is only
available to non-profit entities. A wine and malt beverage One Day License is available to any
enterprise.
4. Maximum Number Per Applicant
28
A One Day License will not be issued to a person for more than thirty days or more than thirty
days in aggregate per calendar year.
5. Police Details
A police detail is required for all One Day License events, except for weddings and church
functions held during the day. If the event also requires a one-day gambling license and/or raffle
and bazaar permit, such as Las Vegas event a police detail is required.
6. Alcohol Storage Prohibited
No alcohol may be stored on any unlicensed premises. Alcohol shall not be delivered to the
premises until the One Day License is operative and shall be removed from the premises after the
event and at the expiration of the One Day License.
7. License Posted
The licensee shall post the One Day License in a conspicuous location during the event.
8. Application Process
a) Applications for a One Day License are available at
website.
b)
later than thirty (30) days prior to the event and must include the appropriate fee of $100.00 for
All Alcohol or $75.00 for Wine and Malt.
c) When an application for a One Day License has not been submitted in a timely manner and
the Board of Selectmen/Licensing Commissionnormal meeting schedule does not
accommodate the timing for an applicant, the Chairman of the Licensing Commission shall have
the authority to approve said license.
Section FE. APPLIES TO DRUGGIST LICENSES
1. Not for Beverages Purposes
No alcohol shall be sold for beverage purposes.
2. Recording Sales
29
All sales of alcohol shall be recorded in the same book and in the same manner required for the
sale of alcoholic beverages with the signature and address of the purchaser, and the hours of sale
shall be the same as the hours for the sale of alcoholic beverages not to be consumed on the
premises. No sales shall be made on Sundays or legal holidays without a prescription.
30
Town of North Andover
Fiscal 2017
Legal Summary
Law FirmDescriptionAccountJulyAugSeptOctNovDecJanFebMarAprMayJuneTotal
Urbelis, et. al.General Legal ServicesGF, Gen. Gov't.Legal$94.40$405.00$180.00$679.40
Community PreservationCPA Account*$324.00$882.00$252.00$252.00$108.00$1,818.00
Other Land UseGF, Gen. Gov't.Legal$1,476.00$1,206.00$2,682.00
Planning BoardGF, Gen. Gov't.Legal$1,629.00$2,043.00$3,672.00
ProcurementGF, Gen. Gov't.Legal$1,427.00$144.00$1,571.00
Public SafetyGF, Gen. Gov't.Legal$0.00
Town Meeting/ElectionsGF, Gen. Gov't.Legal$0.00
Water/Sewer EnterpriseGF, Gen. Gov't.Legal$0.00
Zoning Board$144.00$45.00$189.00
Document Request
Historic District Commission
Total Urbelis$5,094.40$4,581.00$576.00$252.00$108.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$10,611.40
Collins, et. al.General Legal ServicesGF, Gen. Gov't.Legal$0.00
Negotiations - FireGF, Gen. Gov't.Legal$0.00
Negotiations - PoliceGF, Gen. Gov't.Legal$0.00
Negotiations - OtherGF, Gen. Gov't.Legal$0.00
Discipline - FireGF, Gen. Gov't.Legal$0.00
Discipline - PoliceGF, Gen. Gov't.Legal$0.00
Discipline- DispatchGF, Gen. Gov't.Legal$0.00
Discipline - OtherGF, Gen. Gov't.Legal$0.00
Promotion Bypass - FireGF, Gen. Gov't.Legal$913.75$913.75
Promotion Bypass - PoliceGF, Gen. Gov't.Legal$0.00
Records RequestsGF, Gen. Gov't.Legal$0.00
Total Collins$0.00$0.00$0.00$0.00$913.75$0.00$0.00$0.00$0.00$0.00$0.00$0.00$913.75
KP LawGeneral Legal ServicesGF, Gen. Gov't.Legal$55.50$55.50
Solar ProjectGF, Gen. Gov't.Legal$1,224.00$900.00$198.00$210.44$2,532.44
Human Resources RelatedGF, Gen. Gov't.Legal$54.00$3,870.00$2,029.50$129.50$2,757.24$55.50$92.50$203.50$222.00$9,413.74
Safe Routes to SchoolGF, Gen. Gov't.Legal$0.00
General Labor ServicesGF, Gen. Gov't.Legal$144.00$864.00$328.50$1,336.50
Documents & postageGF, Gen. Gov't.Legal$30.20$83.25$113.45
Affordable Housing TrustGF, Gen. Gov't.Legal$0.00
Total Kopelman$144.00$1,278.00$5,664.20$2,694.75$210.44$129.50$2,757.24$55.50$92.50$203.50$222.00$0.00$13,451.63
Credit for solar project legal fees-$5,000.00
-$3,767.81
ArbitrationAmerican Arbitration AssociationTown Unions$2,450.00$275.00$18.50$2,743.50
ConsultantsCable TV ContractGF, Gen. Gov't.Legal$3,723.00$3,723.00
ConsultantsEdith M Netter & AssociatesLegal Services -ZBA
Total Consultants$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$2,450.00$275.00$3,741.50$6,466.50
In House Counsel$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$44,000.00
TOTAL$5,238.40$5,859.00$6,240.20$2,946.75$2,753.94$5,629.50$8,257.24$5,555.50$5,592.50$8,153.50$5,997.00$9,241.50$71,465.03
Cost Allocations
FY 17 Budget/Running Total$165,000.00$5,238.40$11,097.40$17,337.60$20,284.35$23,038.29$28,667.79$36,925.03$42,480.53$48,073.03$56,226.53$62,223.53$71,465.03$71,465.03
CPA $324.00$1,206.00$1,458.00$1,710.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00
FY17 Net$ 4,914.40 $ 9,891.40$ 15,879.60$ 18,574.35$ 21,220.29$ 26,849.79$ 35,107.03$ 40,662.53$ 46,255.03$ 54,408.53$ 60,405.53$ 69,647.03$ 69,647.03
% of Budget2.98%5.99%9.62%11.26%12.86%16.27%21.28%24.64%28.03%32.97%36.61%42.21%42.21%
FY 16 Budget/Running Total$152,000.00$6,921.64$20,931.78$31,208.15$38,828.15$45,074.15$51,941.15$62,958.15$67,674.31$81,788.84$91,596.47$96,988.87$100,925.18$100,925.18
CPA $0.00$36.00$36.00$36.00$36.00$36.00$36.00$36.00$36.00$351.00$513.00$513.00
FY16 Net$ 6,921.64 $ 20,931.78$ 31,172.15$ 38,792.15$ 45,038.15$ 51,905.15$ 62,922.15$ 67,638.31$ 81,752.84$ 91,560.47$ 96,637.87$ 100,412.18$100,412.18
% of Budget4.55%13.77%20.51%25.52%29.63%34.15%41.40%44.50%53.78%60.24%63.58%66.06%66.06%
North Andover Selectmen Meeting
Senior Center Monthly Report FY17
FY 17
TOTALS
In Center Visitors Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun.
Community Education
Book Club 57101414203131011810125
Computer Classes 9612138746635584
ESA Educational Lectures 131800001901464
Lecture Series 70109661089337654062679199907
News & Views 112118107101119108123871021081311171333
Meetings Held @ Center
Cam Cable Meeting 121212121212121212121212144
ESA Group Leaders Meetings 3244444433338
ESA Support Group Meetings 161616161619171414144
Merrimack Valley Philarmonic 888810200010010082
NAMA 66666666666672
Women's Veteran's Group 252525252525252525252525300
OE Group 757575757575757575757575900
Friends Meeting 0000000000
Triad 781611141714410101
COA Board Meeting 128129611010775
Community Projects
Cuddles 10990118965768697710576801011046
Flea Market 7878
Mr. Fix-It 572010161517109171718161
Selectmen's Breakfast 150150
Congregate Meals 2971973322523223863412892374163024673838
Fitness/Exercise
General Fitness Classes 611571791551941221942752111081401191915
Zumba 6455107152143851531141741421561501495
Health Screenings
Walk In Clinic 603853484329303952333542502
Foot Care 191617231918231823112322232
Massage Therapist 44546330215441
Intergenerational
Nursing Students 45448866687
Thompson School Student Social 271946
Brooks School Students 0
Legal Assistance 241040011151130
Outreach / Advocacy
Office Consultation 5762434422342
Recreation
Art Class 1818232708812162120171
Bingo 204235187179223175234851261732451862252
Bowling 121212121212121212108
Bridge 2702982842792031662141692142182803002895
Cards 454645544837484169658470652
Chess 000000000000
Computer Lab 334541424649293022315440462
Golf 355720112
Knitting & Crocheting 1718191724167396128156
Mahjong 10101614600000101682
Quilting 457212711119116388
Scrabble 1317142018324751210125
Woodcarving 191826211130221022151616226
Shine Counseling 4923704440055
FY 17
TOTALS
Outbound Services Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun.
Outreach / Advocacy
Brown Bag Program 453631313231383338353838426
Housing Outreach Cookouts 32281240112
Home Visits/Outreach Visits 419311938122353424309980
Meals On Wheels 1640164116401609170716751426924154513801723178518695
Socials / Trips 0
Fresh Table 103120120117302763580
Socials - In House 371153710285757271132135142351038
Men's Breakfast 2521321328162224220203
Day Trip 1820257000001465149
Supper Club 241208015100172019125
Socials - Off Site 801023026000133440154
Tax Consultant Preparation 18482086
GRAND TOTALS per Month 35493700381137793767370434152622358333684049417243519
May, 2017
Jun, 2017
Jul, 2017
Aug, 2017
Sep, 2017
Oct, 2017
Nov, 2017
Dec, 2017
Jan, 2018
Feb, 2018
Mar, 2018
Apr, 2018
May, 2018
Jun, 2018
Textile Recycling
Collection -
Collection -
Current
Fiscal Year
Month (lbs)
(to date)
8,576 8,576
8,050 16,626
Revenue-
Revenue -
Current
Fiscal Year
Month
(to date)
$ 85.76
$ 85.76
$ 80.50
$ 166.26