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2013-04-08 Board of Selectmen Supplemental Material
TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 William F. Gordon, Chairman Rosemary Connelly Smedile TEL. (978)688-9510 Donald B. Stewart FAX(978)688-9556 Richard M. Vaillancourt Tracy M. Watson BOARD OF SELECTMEN& LICENSING COMMISSIONERS AGENDA MONDAY,APRIL 8,2013 at 7:00 PM TOWN HALL MEETING ROOM I. CALL TO ORDER 11, PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. March 25,2013, Open Session Minutes as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Proposals to Purchase/Develop Former Bradstreet School Property V. CONSENT ITEMS A. Stevens Pond 2013 fees B. Tyler Bainbridge and Peter Guarino request to close Woodcrest Drive for the 2°d Annual `Longboard for Life' for the benefit of the American Cancer Society on Saturday, June 1;2013 C. Festival Committee request to use Town Common for Sheep Shearing Festival May 19,2013 V1. LICENSING COMMISSIONERS A. Wine&Beer of the Andovers, LLC,350 Winthrop Avenue—Transfer of Stock B. LaBottega, 1820 Turnpike Street, Stonewall Plaza —All Alcohol Package Store VII. PUBLIC HEARING VIII. OLD BUSINESS A. Warrant for Annual Town Meeting B. FY14 Capital Article Presentation—Town Manager IX. NEW BUSINESS X. PUBLIC COMMENT XI. TOWN MANAGER'S REPORT A. `Snow and Ice' Budget Status B. Police Department Activity Report C. Fire Department Activity Report D. Home Rule Petition Status Report XII. NEXT MEETING DATE A. April 22,2013 XIII. ADJOURNMENT Approval of Minutes BOARD OF SELECTMEN MINUTES MARCH 25, 2013 CALL TO ORDER: Chairman William Gordon called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: William F. Gordon Chairman; Rosemary Smedile, Licensing Chairman; Donald Stewart, Tracy M. Watson, and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. Note: Richard Vaillancourt was absent PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Tracy Watson made a MOTION, seconded by Rosemary Smedile,.to approve the Open Session Minutes of March 11, 2013, as written. Vote approved 4-0. COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC,-COMMENT <' Community Choice Aggregation Leo Sullivan made a brief presentation about Commtdriity,Choice Aggregation in ich towns and cities pool together the electric load of all residents in order to seek,c©mpetitive bids from powersuppliers. Joint Senate/House Resolution for 25t"Anniversary of Joserb i;,`.Mer'rrian Youth Center` The North Andover Legislative Delegation Senator Bruce Tarr-�IS or Kathleen O'Connor Ives, Representative James Lyons and Representative Duna DiZogli& resented a Resolution honoring the 25 years of the Joseph N. Herman Youth Center-- CONSENT enterCONSENT ITEMS: Youth & Recreation Services;Spnnq�Carnival, Youth & Recreation Services Director Rick Gorman is requesting permission to hold the annual Spring Carnival. Rosemary Smedile made a MOTION, secorided,by Tracy Watson, to grant permission to hold the annual Youth & Recreation Services Spring �arnival'on;g-rounds at;1�600 Osgood Street on the following dates: Wednesday, April 24, 5:`00 9,00 PM Thursday, April 25, 5:00=9:00 PM, Friday, April 26, 5:00-11:00 PM, Saturday April 27, 12:00-11 00,"PM, and Sunday April 28,-,1:00-9:00 PM; and to waive permitting fees by the appropriate departments; permit are subj60 o,applicable laws, bylaws, rules and regulations. Vote approved 4-0'.`,,' , Request to Dispose of Surplus Equipment— Health Department Tracy Watson made aMOTION secorld'ed by Rosemary Smedile, that the Board of Selectmen approve the request of Health Department Directorlo surplus equipment determined to be of no value per memo dated March 5, 2013. Vote approved 4_0 Neurofibromatosis Northeast requests to use Town roads for bike ride fundraiser on 9/7/13 Sonja Nathan Director of Special Events is requesting permission to use Salem, Foster, Winter and Dale streets in North Andover on the route for the third annual "Coast to the Cure Bike Ride" to benefit Neurofibromatosis Northeast on Saturday, September 7, 2013. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen grant permission to Sonja Nathan Director of Special Events to use North Andover streets as requested for the "Coast to the Cure Bike Ride" to benefit Neurofibromatosis Northeast on Saturday, September 7, 2013. Vote approved 4-0. Marc Cooperstein of the NABC Little League requests to hold a Little League Parade on 5/4/2013 Marc Cooperstein, Kevin Breen and Lt. Charles Gray were present at your meeting to request permission to hold a Little League Parade in downtown North Andover. Board of Selectmen Minutes March 25, 2013 2 Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen grant permission to the NABC Little League to hold a parade on May 4, 2013, to close streets on the parade route and to work with the appropriate town departments. Vote approved 4-0. Keith D'Entremont of Angel Flight NE requests"Ride for Angels Charity Cycling" event on 9/8/13 Keith D'Entremont of Angel Flight NE is requesting permission to use the following streets for their cycling event: Sutton Street, Rte. 125, Great Pond Road, Dale Street, South Bradford, Pond Road, Stevens Road and Osgood Street. Tracy Watson made a MOTION, seconded by Donald Stewart that the Board of Selectmen grant permission to Keith D'Entremont of Angel Flight Northeast to use North Andover streets as requested for their annual "Ride for Angels Charity" cycling event on September 8, 2013. Vote approved 4-0. Approval of the NACAM Bylaws as Amended— Brian Fraser Brian Fraser, Executive Director of North Andover Community Access Media (CAM)was present and spoke briefly about the NACAM Proposed changes to NACAM Bylaws. The Town Manager has reviewed and approves of the bylaw changes. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the proposed changes to North Andover CAM's Bylaws. Vote approved 4-0. Declaration of Protective Use Covenants Conditions and Restrictions for 1018 Osgood Street Judy Tymon, Town Planner is requesting that the Board of Selectmen accept and sign this protective use covenant that was passed at the 2012 Annual Town Meeting, re-zoning of a parcel on Osgood Street from Industrial to Business 2, so that the owner could develop a new Dunkin Donuts shop. The applicant will appear before the Planning Board for a Special Permit. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen hereby accepts the foregoing Declaration of Protective Use Covenants, Conditions and Restrictions on behalf of the Town of North Andover. Vote approved 4-0. Signing of Special State Primary Election Warrant, Tuesday, April 30, 2013 Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectman approve and sign the April 30, 2013, State Primary Election Warrant as prepared by Town Clerk Joyce Bradshaw. Vote approved 4-0. LICENSING COMMISSIONERS: Tracy Watson made a MOTION, seconded by Donald Stewart, to open a meeting of the North Andover Licensing Commission. Vote approved 4-0. Chris Kombouras of Heavenly Donuts, 50 Main Street, requests Common Victualler License and Entertainment License Chris Kombouras, is applying for a Common Victualler License and an Entertainment License. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen acting as the Licensing Commissioners, hereby approve a Common Victualler License and an Entertainment License for Heavenly Donuts at 50 Main Street. Vote approved 4-0. Donald Stewart made a MOTION, seconded by Tracy Watson, to close a meeting of the North Andover Licensing Commission. Vote approved 4-0. PUBLIC HEARING: Tracy Watson made a MOTION, seconded by Donald Stewart, to enter a Public Hearing regarding Pole Petitions from National Grid and Verizon. Board of Selectmen Minutes March 25, 2013 3 Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, and Tracy Watson yes. Vote approved 4-0. Chairman recognized Dave Boucher from National Grid and Verizon New England. A. Pole Petition for Joint Pole locations— 12/10/2012 - Plan 13874920, dated 11/28/12, 4 locations on Waverly Road. B. Pole Petition for Joint or Identical Pole Locations— December 10, 2012, Plan 12844353, dated 12/10/12, Great Pond Road and Marbleridge Road. C. Pole Petition for Joint or Identical Pole Locations- 1/11/13— Plan 14249991, dated 1/16/13, Prescott Street at Mount Vernon Street. Chairman asked if there was anyone in the audience that would like to comment about the any of the petitions. Tracy Watson made a MOTION, seconded by Donald Stewart, to close the Public Hearing regarding the Pole Petition from National Grid and Verizon New England. Vote approved 4-0. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, and Tracy Watson yes. Vote approved 4-0. A. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen adopt Pole Petition forjoint pole locations 12/10/2012-Plan 13874920, Dated 11/28/12, 4 locations on Waverly Road. Vote approved 4-0. B. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen adopts Pole Petition forjoint or identical pole locations December 10, 2012, Plan 12844353, dated 12/10/12, Great Pond Road and Marbleridge Road. Vote approved 4-0. C. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen adopt Pole Petition forjoint or identical pole locations 1/11/13— Plan 14249991, Dated 1/16/13, Prescott Street at Mount Vernon Street. Vote approved 4-0. NEW BUSINESS: Warrant for Annual Town Meeting The Town Manager gave the Board an outline of the draft 2013 Annual Town Meeting Warrant. The specific language is in various stages of being complete and will be forwarded to the Board and Town Counsel well in advance of their April 8th meeting. Now that the citizen petition deadline is passed (3/18) the Board was asked to close the warrant. In each of the next two selectmen's meetings the Board will reopen and then close the warrant to accept any changes (from legal counsel, finance committee etc.) and make recommendations. Keeping with tradition, the Chairman and the Town Manager will establish a draft order of the articles and the full Board will ultimately decide on the final layout. The final warrant with recommendations will be voted on April 22, 2013. Resident Fred Northnagle of 92 Surry Drive gave a brief summary of his citizen petition. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen votes to close the 2013 Warrant for Town Meeting Articles. Vote approved 4-0. Board of Selectmen Minutes March 25, 2013 4 TOWN MANAGER'S REPORT: Capital Project Status Report The Town Manager provided an updated report on various on-going capital and `major' projects. PositionNacancy Log Human Resources Director provided an update report outlining the status of various recruitments that are ongoing or recently completed. Organizational Changes The Town Manager informed the Board of some of his organizational changes Spring Clean Up Debris and Yard Waste Bruce Thibodeau, DPW Director recommended a new program for disposing winter debris and yard waste and to open the Cyr recycling facility free of charge during the month of April. The Board requested that this would be extended into May. Next Meetinq Date April 8, 2013 ADJOURNMENT: Tracy Watson made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 8:30 p.m. Vote approved 4-0. Adele J. Johnson Administrative Secretary Tracy Watson, Acting Clerk of the Board Consent Items NORTH ANDOVER YOUTH & RECREATION SERVICES STEVENS POND 2013 North Andover Youth & Recreation Services is preparing for its tenth season operating Stevens Pond. As everyone is aware 2012 started out as our best year to date at Stevens Pond and then we needed to close on July 12th for the remainder of the season due to the blue/green algae infestation. The Public Works Department is working diligently to address the issue based on the plan recently presented to the Board of Selectmen. We are extremely optimistic that we will re- open better than ever in June 2013. Stevens Pond is presently staffed by one Director, one Assistant Director, eight lifeguards, and several parking lot attendants. The Director earns $16.00 per hour and the Assistant Director earns $13.00 per hour. Our lifeguards earn between $10.00 per hour and $12.50 per hour depending on length of employment. The staffing is comparative to most communities and any reduction of staff would present safety concerns. The parking lot attendants are paid $8.00 per hour. They check permits, sell daily passes and monitor the parking and concession areas. The Pond contracts for weed removal and prevention. This work, which is under the direction of Department of Public Works, must be done on a yearly basis and is scheduled to be done in late spring this year. i Stevens Pond Renovations: Renovations that have been completed in recent years: o June 2008 — Completion of brand new bath house, which includes guard shack, bathrooms, outdoor showers, deck and storage area. o June 2008—Construction of new picnic tables o July 2008—Construction of brand new playground i o August 2008 —Installation of new flagpole o June 2009—Purchase of new docks, rafts and equipment o May 2010 —New fencing along the main street, fencing fixed and painting on fire access road. New trees werelanted on the main street. P New flower beds were installed by entrance and around flag pole area. o May 2011 —Cleaned area by playground la round o March 2012—Installation of two horse shoe pits and new benches o May 2012—Resurfacing of parking lot I Staffing: I will be recommending Director Kelly Wray to return for her second year as Pond Director. An Assistant Director will be selected from the pool of lifeguards. Department of Public Works: It is recommended that Public Works continue to offer services in the following areas: prepare for opening by assisting with pond set-up (clean up, weed removal, sweeping parking lot, raking sand, cutting grass, cutting bushes, adding sand, etc). The trash needs to be picked-up three times a week, along with normal cutting and maintenance throughout the summer. Selling of Permits and Swimming Lessons: Upon approval by the Board of Selectmen, the Youth Center is prepared to sell permits and conduct sign-ups for swimming lessons and all other programming. This will be done Monday through Friday 9:00a to 7:00p. Once the Pond is open, residents will be able to purchase the services directly at the Pond during normal operating hours. Youth& Recreation Services will begin immediate marketing of the Pond including flyers to every school child and advertising in the Eagle Tribune, North Andover Citizen, and North Andover Patch. Information will also be put on the Town website, Youth Center website and local cable channel. Special Circumstances: As in the past, accommodations will be arranged for residents with financial hardships. In 2012 we had 11 season passes and 5 swim lessons that were issued to families that requested financial assistance. These families will be asked to provide minimal documentation to support their request. Hours of Operation: Stevens Pond will be open Monday June 24th through Friday, August 23`a Staying open until Sunday, August 25th will be explored depending if the lifeguards are required to be back at college. Hours of operation will be 9:30a to 7:00p daily. Blue Cross/Blue Shield: Blue Crew Cleanup Day: We will be looking to have this community service project done in late May 2013. This has been very successful in the past and another connection with the business community. Special Events: The following special events will be held at the Pond: o Sand Castle Building Contest o Emergency Services Day o Annual Lafond Swim Meet o Tie Dye Shirt Day o Reading Hour o Board Games Day We are also in the process of planning new programming for summer 2013. Fee Recommendations For 2013 Option A: Not raising fees Type 2013 Fee Increase Estimated Revenue Season Car Pass $75 $0 $ 27,000 (360) Swimming Lessons $50 $0 $ 4,400 (88) Daily Adult Passes $12 $0 $ 3,384 (282) Season Pass Non-Profit $150 $0 $ 150 Season Pass For Profit $250 $0 $ 250 Additional Sticker $20 $0 $ 400 (20) TOTAL $ 35,584 Option B: Raising fees Type 2013 Fee Increase Estimated Revenue Season Car Pass $90 $15 $ 32,400 (360) Swimming Lessons $50 $0 $ 4,400 (88) Daily Adult Passes $12 $0 $ 3,384 (282) Season Pass Non-Profit $150 $0 $ 150 Season Pass For Profit $250 $0 $ 250 Additional Sticker $20 $0 $ 400 (20) TOTAL $ 40,984 The following are the revenue and expenses for 2002 through 2012 seasons Year Revenue Expenses +/- 2002 $27,495 $46,680.34 -$19,185.34 2003 $28,136 $42,344.81 -$14,208.81 2004 $29,234 $43,123.92 -$13,889.92 2005 $32,013 $41,137.55 -$ 9,124.55 2006 $27,899 $44,610.49 -$16,711.49 2007 $25,028 $43,730.05 -$18,701.98 2008 $28,823 $35,482.74 -$ 6,659.74 2009 $25,849 $34,138.66 -$ 8,289.69 2010 $34,239 $36,993.19 -$ 2,754.19 2011 $33,057 $36,766.32 -$ 3,709.32 2012 * $ 4,357 * $24, 074.97 * -$19,717.97 * * A total of$28,617 was collected in revenue prior to the Pond closing on July 12th last year. All season passes and swimming lesson fees collected to that date,totaling $24,260, were reimbursed. Santilli, Ray From: Tyler Bainbridge [longboarder_ma@hotmai1.com] Sent: Thursday, March 28, 2013 6:52 AM To: Santilli, Ray Subject: Second Annual Longboard for Life Attachments: 169247_3446889571078_1196381325_o.jpg; 309982_472786966068160_650102759_n.jpg; 319833_472777266069130_1771281913_n.jpg; 335941_3446877250770_849826339_o.jpg; 534087_472781376068719_1001757587_n.jpg; 542431_472787686068088_452731525 _n.jpg; 545497 472777919402398_1721466966_n.jpg; 554778_472782042735319_ 2073342890_n.jpg; 599997_472781549402035_1243639679_n.jpg; 601738_ 472781059402084_324034454_n.jpg; LONGBOARD FOR LIFE WAIVER AND RELEASE FORM (NORTH ANDOVER).docx Dear Town of North Andover, My friend Peter Guarino and myself, Tyler Bainbridge, are requesting the road closure of Woodcrest Dr on June 1st for the hosting of the second annual longboard competition called "Longboard for Life". We love skating this hill and the neighbors frequently come out and watch us skate. We hosted the first "Longboard for Life" at Bayne's Hill Rd in Boxford, MA on June 9,2012 which had a road closure from 10:OOam to 5:OOpm. We attended a town meeting, met with representatives, and emailed back and forth with the chief of police. Eventually after a lot of work we had the road closed. What had originally inspired us to have this event was when our lifelong friend and classmate, Ashley Cunningham, was diagnosed with Lymphoma a few days before Christmas 2011. Peter and I had already been signed up for the Relay for Life walk at our school, Masconomet Regional High School, and thought it would be a great idea to raise money by hosting a Longboard event. It combined something that we loved (longboarding) with a great cause. The event had a $10 dollar entry fee which had all proceeds going towards the American Cancer Society. Last year's hosting of "Longboard for Life" was a HUGE success. We raised over$1,500 for the American Cancer Society. People had smiles on their faces all throughout the day. We had a dedicated team of 15 staff members who were selling hotdogs and drinks, helping to organize the event, and many other things throughout the day. 120 people from all over the United States attended including NY, FL and all over New England. A local newspaper wrote an article on our story,www wickedlocal com/boxford/newsnowZx57807937/Tri-Town-longboarders-race-to-fight- ca n cer#axzz2JJ if Fd 3X. As hosts of this event we will be taking various precautions in order to ensure the safety of the riders. We will have hay bales at the bottom of the hill and we will require that each participant is wearing protection. Attached to this email is a waiver that all competitors are REQUIRED to have signed by a parent (if under 18 years of age). This waiver promises that all participants will be required to wear helmets and gloves as protection from falling. The Town of Boxford verified the use of our waiver last for last year's event. If possible, we would like to schedule a meeting with you to discuss the details regarding this event in depth. This is good for a cause and we are really hoping you can help. Attached to this email: -Pictures from last year's event. 1 -A required waiver. Here are various videos made by spectators of "Longboard for Life": http://www.youtube.com/watch?v=cZE7dGuTdXA http//www.youtube.com/watch?v=HzLiAmDMOeM Thank you very much. Respectfully, Tyler Bainbridge and Peter Guarino 508-505-8341 Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 Johnson, Adele From: Santilli, Ray Sent: Thursday, March 28, 2013 10:01 AM To: 'Tyler Bainbridge' Cc: Johnson, Adele Subject: RE: Second Annual Longboard for Life Tyler, You should plan on attending the meeting in the event of questions. You can forward any information you deem may assist in your request. As a regular process, your request has been forwarded to the Police, Fire and Public Works Departments for review and comment. I am not familiar with Woodcrest Drive but the one question which may be asked of you is have you spoken to the residents and do you have their support? If so, I would recommend you draft a letter of support and have the residents sign listing their respective addresses. If I can be of any further assistance, please do not hesitate to contact me. Ray Santilli Assistant Town Manager Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9516 Fax 978.688.9556 Email rsantilli@townofnorthandover.com Web www.townofnorthandover.com From: Tyler Bainbridge [mailto:longboarder_ma@hotmail.com] Sent: Thursday, March 28, 2013 9:40 AM To: Santilli, Ray Subject: RE: Second Annual Longboard for Life Mr. Santilli, Thank you, I appreciate you taking the time to consider my proposal. Should I be in attendence at the Selectman's meeting? Also, would you like me to forward you information regarding last years event for the Selectman to have during the meeting? I have emails between the Cheif of Police in Boxford, MA and I regarding the closure of last years event. Respectfully, Tyler Bainbridge i 0 r TOWN OF NORTH ANDOVER M POLICE DEPARTMENT fi "Community Partnership" To: Adele Johnson From: Lt. John Carney RE: Longboard for Life Date: April 2, 2013 We have spent a considerable amount of time reviewing this request. We have viewed the video links provided by Mr. Bainbridge; we have spoken to Boxford Police and visited Bayns Hill Road in Boxford. We found that Bayns Hill Road has a much more gradual slope than Woodcrest Drive and only one wide sweeping curve. Woodcrest is steeper with more curves and we feel that the potential for injury is high. As much as we admire the charitable endeavor we feel that this is too hazardous to endorse on town roads and,therefore, recommend unfavorable action on this request. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1.012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us LVD) INTEROFFICE MEMORANDUM DATE: April 4, 2013 TO: Adele Johnson,Executive Assistant FROM: Bruce Thibodeau, Director of Public Works CC: RE: Closure of Woodcrest Drive The Division of Public Works has no objection to the closing of Woodcrest Drive for the "Longboard for Life" event,which is to be held on June 1, 2013. If there are vendors in the area of the closure selling food and drinks, they must remove any trash and recyclables from the area at the end of the event. Street signs, sidewalks and hydrants need to be protected in case of damage. Perhaps the town might consider a (cash) bond in case of damage to any of these mentioned. TOWN OF NORTH ANDOVER Fire Department Fire Prevention Office Central Fire Headquatters 124 MAIN STREET NORTH .AN'DOVER,MASSACHUSETTS 01845 • `gb`� . Telephone(978) 688-9593 FAX (97$)6 -9594 Andrew Melnikas Fire Chiu annelnikas(ia�Totivno orthAndover,corma Lt Frederick McCarthy Fire Prevention Officer F McCarthy@townofnorthandover.coin April 4, 2013 To: Adele Johnson From: Andrew Melnikas, Fire Chief Re: Longboard for Life The Fire Department has reviewed the request from Tyler Bainbridge and Peter Guarino to hold the second annual Longboard for Life on Woodcrest Dr, June lst The Fire Department asks that , in the event of an emergency,that the apparatus be able to access the area. Please call should you have any questions. ChiefAndrew Melnikas TOWN OF NORTH ANDOVER FESTIVAL COMMITTEE 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH OQ S,4EU X6'9 L 0 4 Acs, 9SSACHUSE4 April 3, 2013 The Honorable Board of Selectmen William F. Gordon, Chairman Town Building 120 Main Street North Andover, Mass, 01845 The Honorable William F. Gordon and the Board of Selectmen: On behalf of the North Andover Festival Committee, I respectfully request the use of the North Andover Common for the Annual Sheep Shearing Festival. The one day event will be held on Sunday, May 19, 2013. We are requesting the use of the common from 6:00 A.M. until 6:00 P.M. We are respectfully requesting any departmental fees be waived for this event. The event will be open to the general public from 10:00 A.M. until 4:00 P.M. The Festival Committee also requests that Massachusetts Ave. and Academy Rd. be temporarily closed to thru traffic from Osgood St. to Academy Rd. on May 19, 2013, for the hours of 7:00 A.M. until 6:00 P.M. To keep the event ADA compliant, we are also requesting that one of the Osgood St. parallel parking areas on the perimeter on the common be designated as a "Handicap Parking Only" parking area for the one day event, thus allowing the police department to enforce the restriction. Respectfully submitted, Jeffrey J. Coco Co chairperson North Andover Festival Committee Application for the Use of the North Andover Town Common Please read the attached"Regulations for the Use of the North Andover Town Common"before completing this application. Section 1:General Information Name of North Andover group or individual applying for use of the Town Common: Festival Committee Note:The applicant, if an individual must be a resident of North Andover or, if a non-profit organization must have its principal place of business located in North Andover. North Andover Address of Group or Individual 120 Main St. North Andover Name of Contact Person: Jeff Coco Phone Number of Contact Person: 978-682-5212 or 978-490-6505 Email Address of Contact Person: cocoiema@iuno.com Date(s)that Town Common use is requested: MaV 19, 2013 Note: Use is limited to one day only with allowances for set up and removal one half-day prior to the use and one half day after use, unless it is considered a holiday display pursuant to Section 9(b)of the Town Common Use regulations. Holiday displays may be allowed from the Thanksgiving Day until the following January 7th. A) Is the purpose of the use of the Town Common to for the public display of art, banners, signs and symbols? Yes X No B) Is the purpose of the use of the Town Common to conduct an event where more than twenty people may assemble and/or participate? X Yes No If the answer to Question A is yes, please complete Section 2, if the answer to Question e is yes, please complete Section 3. If the Answer to Questions A & e are both yes, please complete both Section 2 and Section 3. Section 2: Use of the Town Common for the Purpose of Display: Please describe what you will be displaying including a detailed description and dimensions: N/A Please provide a sketch or picture of what you will be displaying. Will you need access to electricity for your display? If yes, for what purpose N/A Please indicate on the attached map approximately where on the Town Common the display will be erected Section 3: Use of the Town Common for the Purpose of Conducting an Event. Please describe the nature and purpose of the event: Sheep Shearing Festival The event will begin at 7:00 AM a.m./p.m. and end at 6:00 PM a.m./p.m. In total, how many individuals do you anticipate attending the event? 2000 At any one time during the event,what is the maximum number of people expected to be on the common? 200 Please indicate on the attached map approximately where on the Town Common the event will take place. Who will be the person or persons representing the applicant who will be present throughout the event? If these persons will be taking shifts, please provide the time of their shifts: Jeff Coco Will you be erecting any temporary structures on the common such as tents, fences, athletic equipment? rimes_If yes, please describe the size and type of structures: 100 Ft.'Sheep fence, 10x10 crafter tents 10x20 committee tent Will you need access to electricity for this event? yes If yes,for what purpose: Food vendors, sheep shearing public address equipment Will you be serving any food or beverages during the event? Food Vendors Will you be charging a fee for any services provided such as food, beverages, games, races, etc.? no If yes; please provide a fee schedule and attach Please describe where vehicles of participants in the event will park: Middle school Franklin school Mass. ave. Please describe what your clean up plans consist of in terms of number of people assisting in the clean up, how trash will be removed from the common and disposed, etc:Town will supply a dumpster for trash and recycling as well as receptacles for the common Section 4:Acknowledgements and Signatures By submitting this application, the signer of this form agrees to the following: 1)That the signer is duly authorized to sign the application on behalf of the applicant and is a resident of North Andover or works for a non-profit organization whose principal place of business is located in North Andover. 2)That the user of the common will comply with all rules, regulations and conditions applicable to the use of the common. 3)That the user of the common will hold the Town, its employees and agents harmless from any and all claims, suits, causes of action,judgments and demands of any nature made or obtained by third parties which result from activities or actions of the Town of North Andover, its agents or servants under this permit and if the judgment is entered against the Town of North Andover, said judgment will be paid by said applicant together with all interest thereon. Signed Printed Name:JeffreV J. Coco Date: 03-28-13 Return completed application to: North Andover Town Hall Town Manager's Office 120 Main Street North Andover, MA 01845. 978-688-9510—Phone 978-688-9556—Fax tmsecretary@townofnorthandover.com Johnson, Adele From: McCarthy, Fred Sent: Tuesday, April 02, 2013 11:48 AM To: Johnson, Adele Subject: RE: Recommendations for Sheep Shearing Festival Hi Adele, The Fire Department recommends favorable action for the Sheep Sharing Festiva I for May 19, 2013. Just a few items worth mentioning. Any use of a fire hydrant will have to go through the DPW, they will need to use a back flow preventer on the hydrant,this could be obtained at the DPW. They should check with the DPW or electrical inspector when utilizing electricity. In the past they requested a fire department detail,if they so choose they could contact Diane at the FD, she can take care of this. Any propane cylinders greater than 20 pounds will need to be permitted through the FD. Any road closing or detours need to be spelled out and the Department notified in advance. Regards, Fred M Fire Prevention 978-688-9590 From: Johnson, Adele Sent: Tuesday, April 02, 2013 9:30 AM To: Gallagher, Paul; Carney, John; Thibodeau, Bruce; Barry, Nancy; Melnikas,Andrew; McCarthy, Fred Subject: FW: Recommendations for Sheep Shearing Festival Please send me your recommendations by Thursday,4/4/13. Adele J.Johnson Executive Assistant Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9510 Fax 978.688.9556 Email a*ohnson(@townofnorthandover.com Web www.TownofNorthAndover.com From: noreplynatownofnorthandover.com [ma iIto:noreplyC,@townofnorthanclover.co,ml Sent: Tuesday, April 02, 2013 9:28 AM To: Johnson, Adele Subject: 1 TOWN OF NORTH ANDOVER POLICE DEPARTMENT "Community Partnership" To: Adele Johnson, Administrative Secretary From: Lt. John Carney RE: Sheep Shearing Festival Date: April 2, 2013 The Police Department recommends favorable action on the request from the Festival Committee to hold the annual Sheep Shearing Festival on the North Andover Common on May 19, 2013 as outlined in the application. The Police Department will work directly with the committee and provide the typical police coverage. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us NORTH 0� o � 4 SAC HUS�'��� INTEROFFICE MEMORANDUM DATE: April 3,2013 TO Adele Johnson, Executive Assistant FROM: Bruce Thibodeau, Director of Public Works CC: RE: " Sheep Shearing" The Division of Public Works has no objection to the request from Jeff Coco, of the North Andover Festival Committee to hold the Sheep Shearing festival at the Town Common on Sunday, May 19, 2013. We will have a meeting just before the event to work everything out. If Jeff needs any other assistance from the DPW, please have him contact my office. Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH pf,I .. 's�N� �? *` '' 0 -9501(978)688-9501 Joyce A. Bradshaw,CMMC - ; A FAX(978)688-9557 Town Clerk, �43 SACHU5�'C MEMORANDUM TO: Rosemary Connelly Smedile, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk IV,;I, DATE: April 2, 2013 SUBJECT: "Transfer of Stock" for all alcohol package store Attached please find an application from William Buco and Louis LLC, 3I fora50 Transfer of Stock for the package store known as Wine & Beer at the Andove s, throp Avenue,North Andover, MA. Basically, this application is seeking approval to allow the establishment to change from three (3) owners to two (2) owners. A legal notice was published in the North Andover Citizen on March 15, 2013. No abutter notification is necessary. The fees have been paid and favorable recommendations from the Police Department, Fire Department and Building Inspector are included. If you have any questions or concerns, please do not hesitate to contact me or Joyce Bradshaw. Thank you. TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 tiof?TH,t Rosemary Connelly Smedile, Chairman William F.Gordon 0 Telephone(978)688-9500 Donald B. Stewart , FAX(978)688-9557 Richard M.Vaillancourt Tracy Watson �4&S C Us���5 North Andover Citizen Please publish the following legal ad in the NORTH ANDOVER CITIZEN on Friday, March 15, 2013: Town of North Andover Licensing Commissioners Public Hearing Notice Notice is hereby given that under Massachusetts General Laws, Chapter 138, the North Andover Licensing Commissioners will hold a public hearing on Monday, April 8, 2013 at the Board of Selectmen's Meeting Room, in Town Hall, 120R Main Street, 2°d Floor, North Andover, MA., on the application received from Wine& Beer At The Andovers, LLC, dba: Liquor, Wine & Beer At The Andovers, 350 Winthrop Avenue (342 Winthrop Avenue for 911 enhancement purposes), North Andover, MA for the Transfer of Stock. Rosemary Connelly Smedile Chairman, Licensing Commission NAC: 3/15/2013 Very truly yours, i SYR+ Karen A. Fitzgibbons Assistant Town Clerk �' F /kaf Bill to: Louis Minicucci, III Wine & Beer at the Andovers 350 Winthrop Avenue North Andover, MA 01845 ' ' ;Print k`orm V. The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 ►tij,ri.,.ma.ssg ov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER 6991 IF USED SPAY,CONFIRMATION NUMBER I A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) 082600054 ^� LICENSEE NAME WINE&BEER AT THE ANDOVERS,LLC ADDRESS 350 WINTHROP AVENUE CITY/TOWN N.ANDOVER STATE Mp ZIP CODE 01845 TRANSACTION TYPE(Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Cordials/Liqueurs Permit ❑ New Officer/Director ❑Transfer of License ❑ Change Corporate Name ❑ Issuance of Stock ❑ New Stockholder FX� Transfer of Stock ❑ Change of License Type ❑ Management/Operating Agreement ❑ Pledge of Stock ❑ Wine&Malt to All Alcohol ❑ Change of Location ❑ More than(3)§75 ❑ Pledge of License ❑ 6-Dayto 7-Day License ❑ Change of Manager ❑ New License ❑ Seasonal to Annual ❑ Other THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS T0: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town NORTH ANDOVER 1. LICENSEE INFORMATION: A.Legal Name/Entity of Applicant:(Corporation,LLC orindividual) WINE&BEER AT THE ANDOVERS B.Business Name(if different): —� C.Manager pf Record: WILLIAM BUCO D.ABCC License Number(for existing licenses only): 082600054 E.Address of Licensed Premises'350 WINTHROP AVENUE city/Town: N.ANDOVER State: MA Zip: 01845 F.Business Phone:978 686-1864 G.Cell Phone: 978 273-1854 H.Email: mcaloons123@yahoo.com 1.Website: www.wineandbeerattheandovers.com —� J.Mailing address(If different from EJCity/rown: state: = Zip: : 2.TRANSACTION: ❑ New License ❑ New Officer/Director ❑X Transfer of Stock ❑ Issuance of Stock ❑ Pledge of Stock ❑ Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ (6)Day to(7)-Day License [] Wine&Malt to All Alcohol IMPORTANT ATTACHMENTS(1): The applicant must attach a vote of the entity authorizing all requested transactions,Including the appointment of a Manager of Record or principal representative. 3.TYPE OF LICENSE: ❑ §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On-Premises ❑ §12 Tavern(No Sundays) ❑X §15 Package Store 4.LICENSE CATEGORY: All Alcoholic Beverages ❑ Wine&Malt Beverages Only ❑ Wine or Malt Only ❑ Wine&Malt Beverages with Cordials/Liqueurs Permit S.LICENSE CLASS: ❑X Annual ❑ Seasonal 6..CONTACT PERSON CONCERNING THIS APPLICATION(ATTORNEY IF APPLICABLE) NAME: WILLIAM BUCO ADDRESS: 531 CHICKERING ROAD CITY/TOWN: N.ANDOVER STATE: MA ZIP CODE: 01845 CONTACT PHONE NUMBER: 978 682-8029 FAX NUMBER: NONE EMAIL: mcaloons123@yahoo.com 7.DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed.Please note that this must be identical to the description on the Form 43. 4,500 sq.ft.retail space;front and rear door exits-Rectangular (#342 Winthrop Avenue for 911 enhancement purposes) Total Square Footage: 4,500 sq.ft. Number of Entrances: ONE(1) Number of Exits: ONE(1) Occupancy Number: N/A Seating Capacity: N/A IMPORTANT ATTACHMENTS(2): The applicant must attach a floor plan with dimensions and square footage for each floor&room. 8.OCCUPANCY OF PREMISES: By what right does the applicant have possession and/or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS(3): The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: Landlord is a(n): Trust Other: Name: DELTA&DELTA REALTY TRUST Phone: E 851-8000 Address: 875 EAST STREET City/Town: TEWKSBURY State: MA Zip: 01876 Initial Lease Term: Beginning Date 01/01/2008 Ending Date 12/31/2017 Renewal Term: 0(2) Options/Extensions at: FIVE(5) Years Each Rent: $67,500.00 Per Year Rent: $5,625.00JJ� Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ❑ No QX IMPORTANT ATTACHMENTS(4): 1.If yes,the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in§10 and must submit a completed Personal Information Form attached to this application. 2.Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3.If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate,the applicant must still provide a lease between the two entities. 9.LICENSE STRUCTURE: The Applicant is a(n): LLC Other: If the applicant is a Corporation or LLC,complete the following: Date of anization:Incor oration Or P / g 12/08/2006 State of Incorporation/Organization: MASSACHUSETTS Is the Corporation publicly traded? Yes F-1 No [X, 10. INTERESTS IN THIS LICENSE: List all individuals involved in the entity(e.g.corporate stockholders,directors,officers and LLC members and managers)and any person or entity with a direct or indirect,beneficial or financial interest in this license(e.g.landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS(5): A.All individuals or entities listed below are required to complete a Personal Information Form. B.All shareholders,LLC members or other individuals with any ownership in this license must complete a CORI Release Form., Name All Titles and Positions Specific#of Stock or%Owned F Other Beneficial Interest WILLIAM BUCO MANAGER 50% LOUIS MINICUCCI III MEMBER 50% *if additional space is needed,please use last page. 11. EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in§10 have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages? Yes E No FX If yes,list said interest below: Name License Type Licensee Name&Address Please Select Please Select Please Select Please Select Please Select Please Select Please Select *If additional space is needed, please use last page. 12. PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in§10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes ❑X No ❑ If yes,list said interest below: Name Licensee Name&Address Date Reason Terminated WILLAIMBUCO MCCRACKENS LIQUOR&WINE,4 POOR ST.,ANDOVER,MA 01/01/1984 Transferred Please Select Please Select 13. DISCLOSURE OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in§11 and/or§12 ever been suspended,revoked or cancelled? Yes ❑X No ❑If yes,list said interest below: Date License Reason of Suspension,Revocation or Cancellation 01/01/1982 McCRACKENS LIQUOR&WINE SUSPENSION-SALE TO MINOR 14.CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A(§15)PACKAGE STORE LICENSE ONLY: A.)Forindividual(s): 1.Are you a U.S.Citizen? Yes ❑ No ❑ 2.Are you a Massachusetts Residents? Yes ❑ No ❑ B.)For Corporation(s)and LLC(s) 1.Are all Directors/LLC Managers U.S.Citizens? Yes ❑X No ❑ 2.Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑X No ❑ 3.Is the License Manager or Principal Representative a U.S.Citizen? C.)Shareholder(s),Member(s),Director(s)and Officer(s): 1,. Are all Shareholders,Members, Directors,LLC Managers and Officers involved at least twenty-one(21)years old? Yes 0 No El , 15.CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR(§12) RESTAURANT, HOTEL,CLUB,GENERAL ON PREMISE,TAVERN, VETERANS CLUB LICENSE ONLY: A.)For Individual(s): 1.Are you a U.S.Citizen? Yes ❑ No ❑ 11.1 For Corporation(s)and LLC(s) 1.Are a majority of Directors/LLL Managers NOT U.S.Citizen(s)? Yes ❑ No ❑ 2.Is the License Manager or Principal Representative a U.S.Citizen? Yes ❑ No ❑ C.)Shareholder(s),Member(s),Director(s)and Officer(s): 1.. Are all Shareholders,Members, Directors,LLC Managers and Officers involved at least twenty-one(21)years old? Yes ❑ No ❑ 16.COSTS ASSOCIATED WITH LICENSE TRANSACTION: A.Purchase Price for Real Property: B. Purchase Price for Business Assets: C. Costs of Renovations/Construction: $260,000.00 D.Initial Start-Up Costs: C -1 IMPORTANT ATTACHMENTS (6):Submit any and all records, documents and affidavits including loan agreements that explain the source(s)of E.Purchase Price far Inventory: $125,000.00 money for this transaction.Sources of cash must F.Other:(Specify) include a minimum of three(3) months of bank statements. G:TOTAL COST $385,000.00 H.TOTAL CASH The amounts listed in subsections(H) and (Q 1.TOTAL AMOUNT FINANCED $400,000.00 must total the amount reflected in (G). 17.PROVIDE A DETAILED EXPLANATION OF THE FORMS)ANDSOURCE(S)OF FUNDING FOR THE COSTS IDENTIFIED ABOVE (INCLUDE LOANS,MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS,GIFTS): BUSINESS LOAN(PROMISSORY NOTE-$400,000.00)FROM RIVER BANK,SECURED BY COMMERCIAL GUARANTY *If additional space is needed,please use last page. 18.LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH"TOTAL AMOUNT FINANCED"NOTED IN SUB-SECTIONS 16(1) WILL DERIVE: A. Name Dollar Amount Type of Financing RIVER BANK $400,000.00 COMMERCIAL LOAN Eltiona pHneep ease use ast B.Does any individual or entity listed in§19 as a source of financing have a direct or indirect,beneficial or financial interest in this license or any other license(s)granted under Chapter 138? Yes F] No ❑X If yes,please describe. 19. PLEDGE:(i.e. COLLATERAL FOR A LOAN) A.) Is the applicant seeking approval to pledge the license? ❑ Yes ❑ No 1.If yes,to whom: 2.Amount of Loan:F 3.Interest Rate: �� 4.Length of Note: S.Terms of Loan: B.) If a corporation,is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes ❑ No 1.If yes,to whom: 2-Number of Shares: C. ) Is the applicant pledging the inventory? ❑ Yes ❑ No If yes,to whom: IMPORTANT ATTACHMENTS(7):If you are applying for a pledge,submit the pledge agreement,the promissory note and a vote of the Corporation/LLC approving the pledge. 20.CONSTRUCTION OF PREMISES: Are the premises being remodeled,redecorated or constructed in any way?If YES,please provide a description of the work being performed on the premises: ❑ Yes ❑X No I I 21.ANTICIPATED OPENING DATE: OPENED OCTOBER, 2008 IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED APPLICANT'S STATEMENT I, WILLIAM BUCO the0sole proprietor; partner;❑ corporate principal; N LLC/LLP member Of WINE&BEER AT TRE ANDOVERS,LLC , hereby submitapplication this for ISTOCK TRANSFER (hereinafter the "Application"),to the local licensing authority(the"LLA") and the Alcoholic Beverages Control Commission (the"ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application,and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities'decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) I understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale, delivery,storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval-of the- Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted;and (9) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: Date: FEBRUARYa,� ,2013 Title: MANAGER The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www mass.-o�/abcc ul PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1.LICENSEE INFORMATION: _ B.Business Name(dba) WINE&BEER AT THE ANDOVERSS A.Legal Name of Licensee WINE&BEER AT THE ANDOVER D.ABCC License Number 082600054 C.Address 50 WINTHROP AVENUE (if existing licensee) E.City/Town NORTH ANDOVER State MA Zip Code 01845 F.-Phone Number of Premise 978 686-1864 G.EIN of License 2. PERSONAL INFORMATION: A.Individual Name LOUIS P.MINCUCCI 111 B. Home Phone Number 978 799-8947 C.Address 90 REA STREET D.City/Town NORTH AND State MA Zip Code 01845 E.Social Security Number F.Date of Birth 05/26/1983 G. Place of Employment MINCO CORP, N.ANDOVER,MA 3. BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? Yes ❑ No 0 If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charyes occurred as well as the disoosition of the convicts ns. 4.FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. OWNER/MEMBER IMPORTANT ATTACHMENTS(8):For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash: *If additional space is needed,please use the last page 1 hereby swear under t rns and pena perjury that the information I have provided in this application is true and accurate: Date Signatur Title OWNER/MEMBER � 1 (If Corporation/LLC Representative) Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street,First Floor Boston,MA 02114 %IMS.GAMSBORO,ESQ. STEVEN GROSSMAN CHAIRMAN TREASURER A"RECEIVER GENERAL CORI REOUBST FORM The Alcoholic Beverages Control Commission has been certified by the Criminal History Systems Board to access conviction and pending Criminal Offender Record Information.For the purpose of approving each shareholder,owner,licensee or applicant for an alcoholic beverages license,I understand that a criminal record check will be conducted on me,pursuant to the above.The information below is correct to the best of my knowledge. ABCC LICENSE INFORMATION ABCC NUMBER: F82600j54= UCENSEE NAME: WINE&BEER AT THE ANDOVERS,LLC CITY/TOWN: N.ANDOVER (IF EXISTING UCENSEZ APPLICANT INFORMATION _ LAST NAME: MINICUCCI 111 FIRST NAME: LOUIS MIDDLE NAME: PAUL MAIDEN NAME OR ALIAS(IFAPPLICABLE): PLACE OF BIRTH: LAWRENCE,MA DATE OF BIRTH: 05/26/1983 SSN: ID THEFT INDEX PIN(IF APPLICABLE): MOTHER'S MAIDEN NAME: McCABE DRIVER'S LICENSE#: s 66416183 � STATE LIC.ISSUED: Massachusetts GENDER: MALE HEIGHT: 10 WEIGHT: EYE COLOR: BROWN — 170 CURRENT ADDRESS: 90 REA STREET CITY/TOWN: N.ANDOVER STATE: MA ZIP: 01845 FORMER ADDRESS: 1785 GREAT POND ROAD CITY/TOWN: N.ANDOVER STATE: MA ZIP: 01845 T� PRINT AND SIGN _ PRINTED NAME: LOUIS P.MINICUCCI III APPLICANT/EMPLOYEE SIGNATURE:` / NOTARY INFORMATION On this — a ,2v i3 before me,the undersigned notary public,personally appeared (name of document signer),proved to me through satisfactory evidence of identification,which were to be the person whose name is signed on the preceding or attached document,and acknowledged to me that(he) (she)signed it voluntarily for its stated purpose. r NOTARY NINCY E .P1lw DIVISION USE ONLY iAr.�'o, Idon��yxp�'s REQUESTED By: ��� ft p The DCJI ldantify Theft Index PIN Number is to be completed by those ePPllunK that have been issued an Identity The PIN Number by the DCII.Certified agencies are required to provide all appll—h the opportunity to include this Information to ensure the amurary of the CORI request process. ALL CDN request forms that Indude this field are required to be submittal m the DOI via an or byfaa to(617)66o-"1L The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 U'r www.mass.goylahcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1.LICENSEE INFORMATION: B.Business Name(dba) WINE&BEER AT THE ANDOVER A.Legal Name of Licensee WINE&BEER AT THE ANDOVER D.ABCC License Number 082600054 C.Address35pWINTHROP AVENUE (If existing licensee) E.City/Town N.ANDOVER State MA Zip Code 01845 F.Phone Number of Premise 978 686-1864 G.EIN of License 2. PERSONAL INFORMATION: A.Individual Name WILLIAM BUCO B.Home Phone Number 978 687-7004 C.Address 65 CHESTNUT STREET D:City/Town NORTH ANDOVER State MA Zip Code 41845 E.Social Security Number —� F. Date of Birth 01/25/1951 G.Place of Employment McCRACKENS LIQUORS AND WINE,N.ANDOVER,MA 3, BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? Yes ❑ No ❑x If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charges occurred as well as the disposition of the convictions. 4. FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. 50%OWNER IMPORTANT ATTACHMENTS(8):For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash. *If additional space is needed,please use the last page 1 hereby swear under ains and penalties of perjury that the information 1 have provided in this application is true and accurate: Signature Date FEBRUARY�1,2013—� Title OW ER/MEMBER (If Corporation/LLC Representative) Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street,First Floor Boston,MA 02114 STEVEN GROSSMAN KIM S.GAINSBOA0,ESQ TREASURER AND RECEIVER GENERAL CORI REQUEST FORM CHMRMAN The Alcoholic Beverages Control Commission has been certified by the Criminal History Systems Board to access conviction and pending Criminal Offender Record Information.For the purpose of approving each shareholder,owner,licensee or applicant for an alcoholic beverages Iicense,I understand that a criminal record check will be conducted on me,pursuant to the above.The information below is correct to the best of my knowledge. ABCC LICENSE INFORMATION ABCCNUMBER: I J I �:]I 82600054 LICENSEE NAME: WINE&BEER AT THE ANDOVERS,LLC CITY/TOWN: N.ANDOVER (IF EXISTING U[ENSEq APPLICANT INFORMATION LAST NAME: BUCO FIRST NAME: WILLIAM MIDDLE NAME: S. MAIDEN NAME OR ALAS(IF APPLICABLE): PLACE OF BIRTH: [LAWRENCE,MA DATE OF BIRTH: 01/25/1951 SSN: ��� 10 THEFT INDEX PIN(IF APPLICABLE): I �� MOTHER'S MAIDEN NAME: SOMMA DRIVER'S LICENSE# S 26981SO1 STATE UC.ISSUED: Massac 1use GENDER: MALE HEIGHT: O 10 WEIGHT: E= 80 EYE COLOR: BROWN CURRENT ADDRESS: 465 CHESTNUT STREET CITY/TOWN: N.ANDOVER, STATE: MA ZIP: 01845 FORMER ADDRESS: RALEIGH TAVERN LANE �{ CITY/TOWN: N.ANDOVER I STATE: MA ZIP: 01845 PRINTANDSIGN PRINTED NAME: W{LLIAM BUCO APPLICANT/EMPLOYEE SIGNATURE: ' -" i NOTARYINFORMAnON y % l �� On this � before me,the undersigned notary public,personally appeared ���,(/.�LIR �(/'- Ci 1 (name of document signer),proved to me through satisfactory evidence of identification,which were to be the person whose na a is signed on the%:ceding or attached document,and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. ALYSSA K.SNOW Notary Publk n n7tki)' musuhllaetts V NOTARY x aay 23,2019 DIVISION USEONLY nenuFsreD tir: Th.DCII Id—Ify Theft Ind-PIN Number I,In be rmnpleted byth—app6onts that have been hsued m Idmtity Theft PIN Number by the Dol.Certified a6endes arc mgWmd to provide all applicants the oppurturke to include thh infmmefion m ensure the a—my of the COR{muen prpaesc ALL COW mgtrrt f—that indede this fIdd are MK*od In be u ft*ttdoothe DCII via a"or by fu W(617j¢60461a. Commonwealth ofMassachusetts Alcoholic Beverages Control Commission 239 Causeway Street,first Floor Boston,MA 02114 PETITION FOR TRANSFER OF OWNERSHIP NORTH ANDOVER R� 082600054 City[Town ABCC License Number — The licensee WINE&BEER AT THE ANDOVERS,LLC and the proposed transferee WINE&BEER AT THE ANDOVERS,LLC respectfully petition the Licensing Authorities to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts? If YES,-please list the officers,directors and stockholders,their residences,and shares owned by each. Yes ❑ No Name Stock or%Owned Title Address MANAGER/MEMBER 465 CHESTNUT STREET,N.ANDOVER,MA 33.34% WILLIAM BUCO 90 REA STREET,N.ANDOVER,MA 33.3396 LOUIS P.MINICUCCI 111 MEMBER MEMBER 18 SETEN CIRCLE,ANDOVER,MA 33.33% SAMUEL 1.CONTE Is the PROPOSED Yes ❑ No transferee a Corporation/1-1-C,duly registered under the laws of the Commonwealth of Mass owned b?each. If YES,please list the officers,directors and stockholders,their residences,and shares TO: (Place an*before the name of each DIRECTOR/LLC Manager.) Address Stock or%Owned Name Title MANAGER/MEMBER 465 CHESTNUT STREET,N.ANDOVER,MA 50% WILLIAM BUCO LOU15 MINICUCCI III MEMBER 90 REA STREET,N.ANDOVER,MA 50% The above named proposed transferee hereby joins in this petition for transfer of said license. SIGNATURE OF LAST '111 1 presentative) LICENSEE: pate Si ned=02/;kf013(If a Corporation/LLC,by its authorized representatives 9 SIGNATURE OF PROPOSED TRANSFEREE: UNANIMOUS WRITTEN CONSENT OF THE MEMBERS OF WINE &BEER AT THE A►NDOVERS,LLC A MASSACHUSETTS LIMITED LIABILITY COMPANY This Unanimous Written Consent of the Members of Wine & Beer at the Andovers, LLC (the "Company"), is made as of the 31' day of December, 2012, in accordance with the Laws of the Commonwealth of Massachusetts. WHEREAS, Samuel J. Conte II(the"Assignor"), as holder of a 33.33% membership interest in and to the Company, desires to sell and transfer all of his right, title and membership interest in the Company back to the Company; and WHEREAS,the Company has agreed to buy back all of Assignor's right,title and interest in the Company, NOW THEREFORE,the undersigned Members of the Company hereby consent to the following resolutions of the Company: RESOLVED, that the Company is hereby authorized to enter into that certain Membership Interest Transfer Agreement (the "Transfer Agreement") dated December 3 1,2012, on the terms and conditions set forth therein; and be it further RESOLVED,that the Company is hereby authorized to buy back from Assignor, all of Assignor's right, title and interest in the Company, including Assignor's 33.33 % membership interest in the Company, as provided in the Transfer Agreement, and be it further; RESOLVED, that the Company is authorized to execute and deliver for and in the name of the Company such other documents, and to take any and all such further actions as he deems appropriate to accomplish the transfer of Assignor's Membership Interest, and to obtain all of the requisite approvals in connection with said transaction, and to take all actions contemplated to be undertaken by the Company under the Transfer Agreement,and to carry out the matters hereby authorized, and be it further RESOLVED,that the Company is authorized to enter into that certain Retail Alcoholic Beverages License Application(the"Liquor License Application"),to obtain the requisite approvals by the City of North Andover, and by the Alcoholic Beverages Control Commission of the Commonwealth of Massachusetts,to the transfer of Assignor's 33.33 %membership interest in the Company, and the Company's Retail Package Store License#082600054. 1 SIGNATURE PAGE 91 FOR UNANIMOUS WRITTEN CONSENT OF THE MEMBERS OF WINE &BEER AT THE ANDOVERS,LLC,AND ITS MANAGER MEMBER: LOUIS P. MINICUCCI III MEMBER: WILLIAM BUCO MEMBER: SAMUEL J. CONTE H k COMPANY: I� WINE &BEER AT THE ANDOVERS,LLC By/Will am Buco Manager j Wine& Beer at the Andovers Stock Transfer Unanimous Consent / F 2 TOWN OFNORTHANDOVER, MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 Tel:978-683-3168 To: Karen Fitzgibbons From: Lt.John Carney RE: Beer&Wine at the Andovers—Stock Transfer Date: March 29, 2053 i The Police Department recommends favorable action on the request from Beer&Wine at the Andovers, LLC to transfer stock as outlined in the application. i I TOWN OF NORTH ANDOVER hire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 ,y0RTH Andrew Melnikas A '.. -a '�a Fire Chief Fr ° Telephone (978) 688-9593 FAX (978) 688-9594 Lt. F. McCarthy ' ` � ' Fire Prevention Officer amelnikasgtownotilorthandover.com �sSRCHUSEt fmccarthyLir townofnorthandovencom Town Clerks Office 120 Main St. North Andover, Ma March 29,2013 Karen, The Fire Department recommends favorable action for a Transfer of Stock License for the license holder, Wine and Beer at the Andover's LLC. I Thank you, Fred McCarthy Fire Prevention I r i i_ Fitzgibbons, Karen From: Brown, Gerald Sent: Monday, March 25, 2013 1:48 PM To: Fitzgibbons, Karen Subject: RE: Transfer of Stock- Liquor License Karen The Building Dept has no issues From: Fitzgibbons, Karen Sent: Monday, March 25, 2013 10:38 AM To: Carney, John; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Maylor, Andrew Subject: Transfer of Stock - Liquor License Good Morning All, Attached please find an application from Wine & Beer at the Andovers, LLC for a Transfer of Stock. Basically,the ownership will be reduced from 3 people to 2 people, and ABCC requires this application. I will need your recommendations by no later than Tuesday, April 2d in order to be prepared for the April 8th BOS/Licensing Commission meeting. Thank you for your co-operation. Karen Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records,For more information please refer to:hh�://www.sec.state.ma.us/prelpreidx.htm. Please consider the environment before printing this email. i I i F I 1 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 f NORTH q Joyce A. Bradshaw,CMMC 0 d.. op Tetephone(978)688-9501 Town Clerk, , FAX(978)688-9557 '11,9 °esteo �tqi SS^CHUS MEMORANDUM TO: Rosemary Connelly Smedile, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager , FROM: Karen A. Fitzgibbons, Asst. Town Clerk)64"L DATE: April 2, 2013 SUBJECT: Wine&Malt to All Alcohol Package Store Attached please find an application from Angela Paolini seeking approval for the transfer of her current Wine & Malt Package Store License to an All Alcoholic Package Store License. The business name is LaBottega, LLC, and is located at 1820 Turnpike Street, Stonewall Plaza, North Andover, MA. This application is the result of Article 13 of the June 12, 2012 Annual Town Meeting, which passed the House and Senate, and was signed by the Governor on January 9,2013. Upon issuance of the All Alcoholic Beverages License, the recipient will surrender to the Town Clerk's Office the existing Wine & Malt Beverages License. The legal notice was posted in the Eagle Tribune on March 21, 2013 and the abutters have been notified. The fees have been paid, and included in this memo are favorable recommendations from the Police Department, Fire Department and Building Inspector. If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw. Thank you. IN The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mas__sg!?vlaah c RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LIGE, PRINTED, SIGNED,AND SU mi"I I"ED TO TRIC LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC, PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER 145 IF USED EPAY,CONFIRMATION NUMBER —_ A.B.C.C.LICENSE NUMBER(IF AN EXISTING,LICENSEE,CAN BE OBTAINED FROM THE CITY) 0$2600061 LICENSEE NAME LLaSottege,LLC ADDRESS Lln�Turnpike Street Suite 103 CITY/TOWN North AndStVBr STATE Me ZIP CODE Q16g5 TRANSACTION TYPE(RIk all rely tlr�naetionsl Alteration of Licensed Premises E] Cordials/Liqueurs Permit New Officer/Director [ Transfer of License Change Corporate Name Issuance of Stock New Stockholder Transfer of Stock Ej Change of License Type Management/operating Agreement Pledge of Stock Wine&Malt to All Alcohol Change of Location Ej More than(3)§15 E] Pledge of License 6-Day to 7-Day License Change of Manager New License ] Seasonal to Annual Other —_..a__.___..._..-.. _ _ D THE LOCAL LICENSING AUTH RFT ` MIST MAIL THIS I-RANSMITTAL FORM ALONG WITH THE. CHECK, COMPLETED AaPP(.ICATGON, AND SUPPORTINGDOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION R. O, BOA( 3396 BOSTON, MA 02241-3396 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town North Andover 1„ LICENSEE INFORMATION; A, Legal Name/Entity of ApplIca nt,(corporation,I.IC or individual) La Bottega, LLC, B.business Name(if different) T, --- C, Manager of Record; An Aaolinl 0,ABCC License Number(far existing licenses only) ; 01�26l�OQf1 - - ---- - - E,Address of Licensed Premises urnpike Street Ste 10 City/Town; North Andover 1B2A TState: MA zip01$45 - — _ F.Business Phone;E978-97S-7575 G.Cell Phone; 1617-$96-3347 H, Email: gibeillna70@yahoo,com 1.Website: J,Mailing address(If different from E.): City/Town: Mate; zipr 2,TRANSACTION; New License New Officer/Director Transfer of StackIssuance of Stock Riede of Stack r] Transfer of License New Stockholder Management/operating Agreement Pledge of License The following transactions must be processed as new licenses; Seasonal to Annual [] (6)(day to(7)-lay License ()( Wlne&Malt to All Alcohol IMPORTANT ATTACHMENTS(i): The applicant must attach a vote of the entity authorizing all requested transactions,including the appointment of a Manager of Record or principal representative. 3.TYPE d_ LICENSE. §12 Restaurant §12 Motel [ §12 Club E] §12 Veterans Club §12 General On-Premises §12 Tavern(No Sundays) §15 Package Store 4, LICENSE CATEGORY; Q All Alcoholic Beverages Q Wine&Malt Beverages Only Wine or Malt Only 0 Wine&Malt Beverages with Cordials/Liqueurs Permit S. LICENSE CLASS: X Annual E] Seasonal 6.CONTACT PERSON CONCERNING THIS APPLICATION(ATTORNEY IF APPLICABLE) NAME: Angela Paollnl ADDRESS: 1€320 Turnpike Street CITY/TOWN: [North Andover STATE: MA ZIP CODE; 01B45 CONTACT PHONE NUMBER, L617 F 596-3347 _ FAX NUMBER: EMAIL;Lg-1belIina70@yahoo,com Please provide a complete description of the — - _ — — —-- 7.DESCRIPTION OF PREMISES; premises to be licensed.Please Hots that this mustbe identical to the description on the Form 4 . The promises consist of 1610 sq. Front entrance is located at 1820 Turnpike Street North Andover,MA rear exit directly In back of bldg. promises contains walk in fridge,wine racks,a beverage fridge,a freezer a fridge a stave and sinks. i6 Total S oars Foota e: R g 10 Number of Entrances: 1 Number of Exits: 2 Y 630 201.1 Seating Capacity: EN/� Occupanc Number: 1NVORT€NIT A1TACHMEhITS.,2): The applicant must attach a floor plan with dimensions and.square footage for each floor&room. 8. OCCUPANCY OF PREMISES;- 6y what right does the applicant have possession and/or legal occupancy of the premises; Final Lease IMPORTANT A17ACHMENTS gal: The applicant must submit a copy of the final mase or documents evidencing a - — logo tight to occupy the premises, Other � 'y Landlord is a(n): LLC Other: Name: Giuseppe and Sons Management, LLC Phone: ?76-'777-5007 Address: L2�North Main Street City/Town: Middleton State: MA _ Zip: 01549 Initial Lease Term: Beginning Date Lf�/01/2011 Ending Date A6/30/2016 Renewal Term; 5 years Options/[extensionsYears Each at: ch Rent: $35, 43 00 Per Year Rent: $2, X5.25 � Per Month Cho the terms of the lease or other arrangement require payments to the landlord based on a percentage of the alcohol sales? Yes E] No 0 iiv PORTANT ATTAC:•lIMENTS(4): 1,If yes,the Landlord is deemed a person or entity with a financial or beneficial Interest in this license, Each individual with an ownership interest with the Landlord must be disclosed in§10 and must submit a completed Persona)louvre„atio„Farm attached to this application, 2,Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed, 3. If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate,the applicant must still provide a lease between the two entities, r9. LICENSE STRUCTURE: The Applicant Is a(n): LIC Other; if the applicant is a Corporation or LLC,complete the following: pate of Incorporation/�lrganiatlon: October 21,1010 State of Incorporation/Qrganization; MA Is the Corporation publicly traded? yes [j No 10. INTERESTS IN THIS LICENSE: List all Individuals Involved In the entity(e.g,corporate stockholders,directors,officers and LLC members and managers)and any person or entity with a direct or indirect,beneficial or financial interest in this license(e.&,landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS(a): A.All Individuals or entities listed below are required to complete a Personol_infurmmion-Farm_ B,All shareholders,LLC members or other Individuals with any ownership in this license must complete a CORI Release Form_ Name All Titles and Positions Specific#of Stock or%Owned Other Beneficial interest Angela Paollni Manager 100% *if additional space is needed,please use last page. 11, EXISTING INTEREST IN OTHER LICENSES: Does any individual listed In§10 have any direct or Indirect,beneficial or financial interest In any other license to sell alcoholic beverages? yes No if yes, list said interest below; Name License Type Licensee Name&Address 9. 1§1 S Package Store La 8ottega,LLC 1820 Turnpike An ela PaoliniStreet North Andover MA 01845 Please Select Please Select Please Select Please Select _._ ,..... ._.-.m. Please Select W Please Select -_..._ If additional space is needed,please use last page. 1 , PREVIOUSLY MELD INTERESTS iN OTHER L(DENSES; Has any Individual listed In§10 who has a direct or indirect beneficial Interest in this license ever hold a direct or indirect, beneficial or financial Interest In a license to sell alcoholic beverages,which Is not Presently held? Yes No ® if yes,list said interest below; Name Licensee Name&Address Pate �eRminated Tease Select � EeaseSelect Please Select 13.DISCLOSURE OF LICENSE DISIPLINARY ACTION; - Have any of the disclosed licenses to sell alcoholic beverages listed In§11 and/or§12 ever been suspended, revoked or cancelled? Yes ® No OIf yes,list said interest below: Date License Reason of Suspension, Revocation or Cancellation 14.CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A(05)PACKAGE STORE LICENSE ONLY A.)For Indlvidual(s): 1,Are you a U.S.Citizen? Yes ( No 2,Are you a Massachusetts Residents? Yes No B.)For Corporation(s)and LLC(s): 1.Are all Directors/LLC Managers U.S.Citizens? Yes No 2,Are a majority of Directors/LLC Managers Massachusetts Residents? Yes No [ 3, Is the License Manager or Principal Representative a U.S,Citizen? C,)Sharehoider(s),Member(s),Dlrector(s)and Officer(s): 1.. Are all Shareholders, Members, Directors,LLC Managers and Officers involved at least twenty-one(21)years old? Yes No 15, CITIZENSHIP ARID RESIDENCY REQUIREMENTS FOR(02)RESTAURANT, HOTEL, CLUB,GENERAL ON PREMISE,TAVERN, VETERANS CLUB LICENSE ONLY; A.)For Indivldual(s): 1.Are you a U.S.Citizen? Yes No B.)For Corporation(s)and. LLC(s) 1.Are a majority of Directors/LLC Managers W U.S.Citizen(s)? Yes No 2.is the License Manager or Principal Representative a U.S.Citizen? Yes Ej No C.)Shareholder(s),Member(s),Dlrector(s)and Offlcer(s): 16, COSTS ASSOCIATED WITH LICENSE TRANSACTION: A. Purchase Price for Real Property: $A AA 6, Purchase Price for Business Assets: 0,00 C. Costs of Renovations/Construction: D. Initial Start-Up Costs: L$�.' 00 _ IMPORTANT ATTACHMENTS(5):Submit any and _._... all records, documents and affidavits Including -- - E, Purchase Price for Inventory: [$0,00 loan agreements that explain the source(s)of money for this transaction.Sources of cash must F. Other: (Specify) Include a minimum of three (3)months of bank _ statements. G:TOTAL COST $0.00 Ha TOTAL CASH _—- I.TOTAL AMOUNT FINANCED $0 A©� The amounts listed In subsections (H)and (1) must total the amount reflected In (G). 17,PROVIDE A DETAILED EXPLANA"PION OF THE FORMS)AND Sr LIRCE(S}CSF Ft�N�IhIC� FOR THE COSTS Iw ENTIFIED - ABOVE(INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTE'S, PERSONAL FUNDS,GIFTS), N/A "If additional space is needed, please use last page. 18, LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH"TOTAL AMOUNT FINANCED"N® C)IN St16-SECTIONS 16(I) WILL DERIVE: A Name Dollar Amount Type of Financing NIA -If3dJFriona s'pdr_e is r?eec3e , pSease use Bast��ge. 6, Does any Individual or entity listed in§19 as a source of financing have a direct or Indirect,beneficial or financial Interest In this license or any other license(s)granted under Chapter 138? Yes E] No g If yes,please describe: 19. PLEDGE:(I,e.COLLATERAL FOR A LOAN) A,) Is the applicant seeking approval to pledge the license? [] Yes M No 1,If yes,to whom; 2.Amount of loan: 3,Interest Rate: 4, length of Note; S.Terms of Loan: B,) If a corporation,Is the applicant seeking approval to pledge any of the corporate stock? Yes No 1.If yeas,to whom: 2.Number of Shares: C, ) Is the applicant pledging the inventory? Yes [K No If yes,to whom: IMPORTANT ATTACHMENTS(7):If you are applying for a pledge,submit the pledge agreement,the promissory note and a vote of the Corporation/LLC approving the pledge, 20,CONSTRUCTION OF PREMISES: Are the premises being remodeled,redecorated or constructed in,any way?_lf YES,please provide a description of the work being performed on the premises; Ej Yes X No 21.ANTICIPATED OPENING DATE: IV/A IF L OFTHE m . COMPLETE THE APPLICATION WILL BE APPLICANT'S MINIM 6 Anda Paallnlw the sole proprietor;[] partner;[I corporate principal; 0 LLCALP member of La aattaaa,Gw.e:. , hereby submit this application for (hereinafter the "Application"),to the local` icensing authority(the "LLA")and the Alcoholic Beverages Control Commission (the "ARCC" and together with the LLA collectively the "Licensing Authorities')for approval. i do hereby declare under the pains and penalties of perjury that i have personal knowledge of the Information submitted In the ,Application,and as such affirm that all statement and representations therein are true to the best of my knowledge and belief, I further submit the following to be true and accurate: (1) 1 understand that each representation in this Application Is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents In reaching Its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application Is pending, I must notify the Licensing Authorities of any change in the Information submitted therein. i understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application,i must notify the Licensing Authorities of any change In the Application Information as approved by the Licensing Authorities, i understand that failure to give such notice to the Licensing Authorities may result in sanctions Including revocation of any license for which this Application Is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made In the Application, including, but not limited to the identity of persons with an ownership or financial Interest In the license; (5) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made In the Application may result In sanctions, Including the revocation of any license for which the Application was submitted;and (S) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions Including revocation of any license for which this Application is submitted. Signature: A . Date: Title: Manager The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 - wv�y►v.rnr�ss.��i�/tthcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1. LICENSEE INFORMATION, _.�_.__....�....:...,,___...�_.._._.__......._.._._.._..___.._.. B.Business Name (dba) A, Leal Name of Licensee La Bottega,LLC ABCC License Number 082600061 C.Address 11820 Turnpike Street Suite 103 (if existing licensee) F.City/Town North Andover State MA Zip Code 01845 F.Phone Number of Premise Li78 78-975 1575 (a.fIN of License 273719332 2e PERSONAL INFORMATION: A.Individual Name Angela Paolini 8.Home Phone Number 617=387-7021 C.Address L�2 Sherman Street I).City/Town Everett State MA Zip Code L 149 P.Social Security Number 023-46-5903 E.Date of Birth 09/14/1954 G.Place of Employment [La::B::ojea,LLC 1820 Turnpike Street North Andover MA 01845 3.4ACRGROUND INFORMATION; Have you ever been convicted of a state,federal or military crime? Yes ( No If yes,as part of the application process,the Individual mint attach an affidavit as to any and all convictions. The affidavit must include the city and state where a She digggliggp of Jhq g9nmictigns, 4e FINANSwI+�L INTERS 1: _ Provide a detailed description of your direct or indirect, beneficial or financial Interest In this license, I'm the owner and Manager of the Wine& Beer Stare La Bottega located In North Andover Me and I'm looking to grow my business I fart ANS ATTACHMENTS(13): oreil cash contributions,attach last(3)m—onths of bank statements for the sourie(s-of fh(s cash. *If additional space is needed,please use the lost page I hereby swear under the pains and penaltie-of perjury that the information f have provided in this application is true and accurate: Date Signature �� �? The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,HA 021-14 o v ww.inaEy.gqv/q&c MANAGER APPLICATION All proposed managers are required to complete a pgr�qijpql and attach a copy of the corporate vote authorizing this action and appointing a manager, 1. LIcENsEE INFORMATION: La Bottega,LLC me(dba): Legal Name of Licensee: P– Business Na Address: 1830*Turnpike Street Suite 103 City/Town. North Andover State; MA Zip Code: ABCC License Number: 16,82-600061 Phone Number of Premise: 978-975-7575 (If existing licensee) l-,04ANAGER INFORMATION., A. Nage: Ahgela Paollni 8.Cell Phone Number, 1,7 I C, List the number of hours per week you will spend on the licensed premises: FS-0 1, dtd—ENSW INFORMATION: X Are you a U.S.Citizen: Yes R N® C1 I Date of NaturalizOlow LO3 �—/2008 C.Court of Naturalization: Boston MA (Submit proof of citizenship and/or naturalization such as US Passport,Voter's Certificate,Birth Certificate or Naturalisation Papers) 4,- 'ItIA'KGROUND INFORMATION; A. Do you now,or have you ever,held any direct or Indirect,beneficial or financial Interest in a license to sell alcoholic beverages? Yes No If Yes,please describe: I'm the owner of the Wine&Beer Store that I'm currently applying for an all alcoholic license 8. Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended,revoked or cancelled? Yes No Ifyes,please describe: m currently the manager of La Bottega,LLC Wine&Beer in North Andover MA C. Have you ever been the Manager of Record of a license that was Issued by this Commission? Yes No If yes,please describe; [yes La Bottega,LLC 0. Please list your employment for the past ten years(Dates, Position, Employer,Address and Telephone): 06/30/1998 Payroll Adm.At Hostoji Culinary Group 55 Cambridge Pkwy Cmbridgc,MA 02142 ph 617.499-2700 I hereby swear unor the pains and penoitje-%of PPjjry that the information/have provided in this application is true and accurate: Date Signature TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Rosemary Connelly Smedile, Chairman ?°�<«" •,��o William F.Gordon 4s ° Telephone(978)688-9500 Donald B. Stewart * FAX(978)688-9557 Richard M.Vaillancourt Tracy Watson SS gcHu Eagle Tribune North Andover, MA 01845 March 19, 2013 Please publish the following legal ad in the Eagle-Tribune soonest: Town of North Andover Licensing Commissioners Public Hearing Notice Notice is hereby given that under Massachusetts General Laws Chapter 138, Article 13 of June 12, 2012 Annual Town Meeting and adopted Chapter 436 of the Acts of 2012 approved on January 9, 2013: the North Andover Licensing Commissioners will hold a public hearing on Monday, April 8, 2013 at 7:00 p.m. at the Board of Selectmen's Meeting Room, 120R Main Street, 2od floor, North Andover, MA, on the application received from LaBottega, LLC, 1820 Turnpike Street, North Andover, MA., for an All Alcoholic Beverages License—Package Store, Rosemary Connelly Smedile, Chairman Licensing Commissioners Very truly yours, � F Karen A. Fitzgibbons 'A, � 4° Assistant Town Clerk ;n /kaf Bill to: Town Clerk's Office 120 Main Street North Andover, MA 01845 Tel: 978-688-9501 �x sus Abutter to Abutter( X J Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing Subject Property. MAP PARCEL Name Address 106.D 46 Stonewall Plaza,LLC 1820 Turnpike Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 106.D 45 John Hagerty 120 Main Street,North Andover,MA 01845 106.D 47 Jean Prouix 1812 Turnpike Street,North Andover,MA 01845 106.D 63 Berry/114 Company,LLC 51 Mount Joy Drive,Tewksbury,MA 01876 This certifies that the names appearing on the records of?cthe Assessors Office as of r z �., Certified byDate ��' ` TOWN OF NORTH ANDOVER, MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 Tel:978-683-3168 To: Karen Fitzgibbons From: Lt.John Carney RE: La Bottega Date: March 29, 2013 The Police Department recommends favorable action on the request from La Bottega to change their license type from wine and malt to all alcohol as outlined in the application. TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Andrew Melnikas o4NQRTF� "'.o ,1tio Fire Chief 0� 6 ''- 0 T Telephone (978) 688-9593 FAX (978) 688-9594 Lt. F. McCarthy `��,,.n y amelnikasr�townofnorthandover.com Fire Prevention Officer �SSACNusE�1 fmccarthy(a_townofnorthandover.com Town Clerks Office 120 Main St. North Andover,Ma March 28, 2013 Karen, The Fire Department recommends favorable action for a full liquor license for LaBottega LLC 1820 Turnpike St. North Andover. Thank you, Fred McCarthy Fire Prevention Fitzgibbons, Karen From: Brown, Gerald Sent: Monday, March 25, 2013 4:15 PM To: Fitzgibbons, Karen Subject: RE: All Alcoholic License The Building Dept has no issues From: Fitzgibbons, Karen Sent: Monday, March 25, 2013 3:59 PM To: Carney, John; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Maylor, Andrew Subject: All Alcoholic License Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipaf offices and officials are public records.For more information please refer to7 hfti)://www.sec.state.ma.us/pre/i)reidx,htm. Please consider the environment before printing this email. i Old Business 2013 TOWN OF NORTH ANDOVER MASSACHUSETTS n'e�0 �s E M „ c> 2013 ANNUAL" "TOWN MEETING WARRANT AND FINANCE COMMITTEE REPORT NORTH ANDOVER CITIZENS The Town of North Andover wishes to take those steps that are necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and/or services. If you need any of the auxiliary aids or services:identified in the "Americans With Disabilities Act" in order 0,"articipate at Town Meeting, please contact the Town Clerk'sOffice'11'�t 978-688-9502. Thank you! ; Voters will be checking in by last name. You, will be 'given a Town Meeting Voting card and you need this to be able'to vote. You will have had to be registered to vote by Wednesdays May 1, 2013. All voters who have registered to vote as of that date will be,;eligible to vote at the May 215 2013 Annual Town Meeting. You may call the Town Clerk's Office at 978-688-9502 to verify voter- status,6r request a voter registration form. Non-voters must sign in, display a non-voter @ and sit in a designated section. If you`�require handicapped_ parking access or need special parking accommodations please call the Town Clerk's Office for special arrangements. We will ,make any <arrangements available to assist with warrants and participation in our Town Meeting. Please do not hesitate to call us at 978-688-9502 or e-rna lObradshaw@townofnorthandover.com). 2 y� 2013; . ANNUAL TOWN MEETING WARRANT Annual TownMeeting May 219 2013 7:00 P.M. North Andover`High Sehool. 430 Osgood Street 3 e10RTN pF i .o 6 6.x.0 y •,,.o.P>S15 SS4cHUS ANNUAL FINANCE COMMITTEE REPORT TO VOTERS XX 'The North Andover Finance Committee, constituted as required by Massachusetts law and the North Andover Home Rule Charter, consists of a diverse group of citizens appointed by the Town Moderator to learn about, explain, and make recommendations on all aspects of municipal finance on behalf of the Town's residents." h: 4 TOWN MODERATOR'S REPORT NORTH ANDOVER TOWN MEETING SIMPLIFIED RULES OF PARLIAMENTARY PROCEDURE The purpose of Town Meeting is to establish and update the By-laws; operational policies, budgets and land use rules that govern our Town. North Andover's, Open Town Meeting has been in force as our form of government since 1646. It represents the purest form of democracy in that every vote truly counts. Each registered*e'r is guaranteed an equal voice in the decisions made by the Meeting. In order to protect the sanctity of that vote, the North Andover Town Charter empowers the Town Moderator to establishAhe rules of Procedure under which Town Meeting is to be conducted. These rules are<.' storically based on the traditions established by generations bf North Andover citizens and by.,other New England communities, acting as legislators of their local,9 ernments. Specific parliamentary rulings and conduct are governed) by the Moderator, using Massachusetts General Laws, the North Andover Charter,'North Andover By-Laws, and local tradition as a guideline. The well-knowri"Roberts' Rules"are not applied and have no bearing on conduct of the meeting. PastlVloderators,have also utilized the book "Town Meeting Time, A Handbook,of;Parliamentary Lav"; published by the Massachusetts Moderators' Association, to provide,.guidance dor unusual situations. Town Meetings acro§s the Commonwealth of Massachusetts are similar, but not identical, in the manner in which they ark conducted. Loch!.traditions can significantly affect a town's proceedings and","]help delanethe,role; and"latitude of the Moderator. At North Andover Town�Meetmgs we -will endeavor to",present all necessary information in an efficient'dnd�timely,manner so that the most clarity can be afforded to voters, enabling them o`niake informed'ilccision�. ,Voters, in turn, have a unique responsibility. Not only must-, 'y express, by vote, the decisions made based upon their own judgment and perspec`ti,Ve, but also be cognizant of the effect their vote and/or decision has on all citizens of North Andover. The rules of procedure for North Andover Town Meeting follow: 1. The first action required after the announcement of any Article on the Meeting's Warrant is that a Main Motion be proposed. The citizen sponsor of an article, Town Board sponsor, or Town Board with an affirmative recommendation, are likely movers of a main motion. The initial motion for the Town budget will be made by the Finance Committee. Any Town Board or voter may amend the motion for consideration and deliberation of the meeting. 2. All motions must be seconded by a voter other than the person offering the main motion, and only then may discussion and debate begin. 5 3. Any voter wishing to address the meeting must first gain the attention of the Moderator when no other speaker has the floor. Public microphones are available, where a speaker seeking to be recognized, being courteous to others and those next in line, will call out"Mr. Moderator..." 4. Once recognized by the Moderator, a speaker is given a turn to speak for up to five (5) minutes and must address the meeting on only the article currently under discussion. Voters not doing so or speaking in a disrespectful fashion may be suspended from speaking on the matter at the discretion of the Moderator. g y g, y p for arrangement with Additional time can be ranted b assent of the meeting, b r the Moderator, and at the discretion of the Moderator. Questions are welcome, as well as statements endorsing a position. A voter.,with"a'�question will take precedence over anyone stating an opinion of support or non-support for an article. 5. Speakers must introduce themselves using their, full name and street address each time speaking at a session of Town Meeting, 6. Any person who has a financial interest in any article under discussion shall make a disclosure of that interest before speaking. Any person who is a spouse, parent, grandparent, child, brother or sister,of a person who;has a financial interest in an article shall also disclose such"'relationship before '`-spearing. The employment, whether paid or unpaid, of any person'acting I as an attorney, engineer, architect, land surveyor, broker, consultant;."`agent or; �nI`any otherz capacity by a person interested in the article.under discussion,shall be disclosed before that person speaks. Violation of such disclosure,�,or refusal to disclose the required information,,if asked, shall r"esult in revocation of the speaker's right to be heard on the matter then before Town Meeting;,Disclosure is not generally required of voters who are utilizing t,au4Uor,,are beneficiaries of Town services such as, for example, public safety; public works and,,public utilities, or parents of children in public schools. However, if the speak"' has a personal financial interest beyond what is reasonably available to all eligible citizens then disclosure is required. 7 `,Town employees, and/or appointed or elected officials are required to identify their position and whether or not they are speaking in an official capacity. Such identification shall satisfy the disclosure requirement in rule #6 unless there is a specific"matter under,"discussion that does not involve their official capacity as an employee, appointe&or elected official. A blanket initial identification, upon the first opportunity,to-speak, is acceptable for each session of the meeting unless the individual is not speaking in an official capacity. In such case, the speaker shall be compelled to make a disclosure. 8. All remarks should be addressed to and through the Moderator, for the benefit of all attendees. Direct questioning of others is not permitted. Questions may be directed, through the Moderator, to any petitioner, speaker or official and, if determined germane by the Moderator, the person asked will have the immediate opportunity to answer such query. 6 9. An amendment, changing or limiting the main motion, can be offered during the course of debate. The Moderator may rule an amendment out of order if it is beyond the scope of the warrant article. The Moderator will redirect the discussion to consider the proposed amendment once it is properly before the meeting. Specific wording of any proposed amendment must be made available in writing to the Moderator and Town Clerk before it can be considered. The party proposing such motion shall concisely state, to the meeting, the consequence of the amendment on the existing main motion and/or article being considered. Should reference or context be necessary to provide the meeting with full understanding of the amendment then this shall be allowed at the Moderator's dseretion. 10. Respectful deliberation and debate are fundamental ,to;`,Town Meeting. The Moderator may seek to establish a time limit on a specific''afticle as a guide to the meeting in order to budget time and discussion. Th6`Moderat6i,will discourage repetitious statements. In due course it will:.bocome apparent;that sufficient information has been presented and voters are ready to make their decision and the Moderator shall so rule. Motions to move the question to a vote are inrder and are not generally subject to debate. A motion to move the question requires,�a 2/3 vote for approval. At the Moderator's discretion,, such friotion may not be allowed and/or may be subject to debate, particularly if the motion to close debate would restrict informed consideration' of',the entire meeting and/or comes before an appropriate discussion has takefi plaee,Qn the main motion. 11.Votes are taken by two methods voice ("Ayes"and "Nays"), or a counted vote ("show of hands")�-�and declared to be..cornplete,.by the Moderator when he announces the result. If the determination."Of a voice vote is doubted, a request by at least seven 'O' voters, either rising or standing in place, will mandate the Moderator to r6 a counted'vote. 12. Most issues will be decided by a simple majority of those voting. Issues requiring a two-thirds (2/3), four-fifths (4/5), or otlier�majority will be clearly identified to the ,,pieeting at the ,time the article is presented and again at the time of the vote. Aiticles that requite greatoi than majority votes may be taken by voice and/or a "limited counted vote,for the efficient conduct of the meeting. The Moderator will declare a vote unanimous, if so understood. Glossary of Town Meeting Terms Town Meeting Town Meeting is the duly-called meeting in which all registered voters are eligible to participate. It is the Town's de facto legislature, where fiscal issues, zoning changes, by- law amendments, and other matters affecting the Town are decided. An Annual Town Meeting is held in the spring to decide issues for the following fiscal year, which begins in July. A Special Town Meeting may be called at any time to deal with issues that cannot wait for the next Annual Meeting. A Special Town Meeting is called by vote of the Selectmen or if two hundred(200)voters sign a petition requesting one. Warrant 7 The Warrant is the official public notice of business to be considered at Town Meeting. It will be publicly posted throughout the Town, set a time and place for the meeting, and contain one or more articles. Once the warrant is opened by the Selectmen articles may be submitted until the stated deadline. Article An Article is the self-described characterization of an issue to be decided at the meeting and must be clearly defined by the petitioner or sponsor. The content of the article must be clearly and completely explained so that voters will fully understand the context and meaning of the article. The scope of each article sets the bounds of aetions that may be taken. Amendments or motions outside the scope of issues and/or actions presented in the article at the time of posting of the Warrant may not be considered at the meeting. Articles are submitted by Town Boards or agencies, citizen petitions often (10) registered voters at Annual Town Meeting, or one hundred (100) registered vote �,,,at Special Town Meeting. Main Motion A main motion is required for the meeting to act Qua given article,and must be Within its scope. It may be as simple as "To adopt the article;'�as,printed--iii the warrant" or a more complex motion, as long as the article's scope is not exceeded. A main motion must be made and seconded for discussion to ,proceed; a favorable recommendation from the Finance Committee will be taken as a mainmotion, to be tlien seconded by an individual at the meeting. Affirmative rather than negative main motions are preferred to avoid voter confusion. Amendments Amendments may be/,,6ffered to a maim motion, debated and then accepted or rejected. All amendments must bbl*bmitted to th6'Moderataflin writing. Individual amendments will be considered in the normal course Qf,business, in urn. Amendments to amendments will be actively discouraged and generally not allowed-unless, in the Moderator's discretion, it provides speqficclarity to theissue under consideration. Upon all secondary motions having,,been voted, vote will"return to discussion and vote on the main motion, whether amended"or not. Reconsideration Reconsideration of an action under any single or multiple article(s) may be proposed only once upon theconclusion ,of:any article and prior to the commencement of the next. Whether offered-tifor, reasons of clarity or tactic to preclude reconsideration of votes already taken, the'introduction of a motion to reconsider should not be done lightly as once reconsideration is denied, the decision on an article cannot be reversed or altered. However, town By-law provides the Moderator discretion, for reasons which he shall state to the meeting, to allow a second motion for reconsideration of any action taken by any Town Meeting during that meeting or any previously adjourned session. Adiournment A motion of adjournment requires the meeting to convene at a certain future time, date and place. 8 Dissolution Dissolution is the final act of a meeting. All issues will have concluded, and future discussion will require another separate meeting and duly posted warrant. Responsible Parties: Voters Voters are the ultimate decision makers. Voted decisions are binding on the entire Town, including its elected officials, with the exception of resolutions or advisPry articles. Moderator The Moderator is the person elected and responsible for the conduct of the meeting. Establishment of rules, procedural rulings, conduct of debate; and voting are vested solely in the Moderator. Town Clerk The Town Clerk is appointed by the Town Manager and is responsible for distributing notices of any Town Meeting, keeping all public records associated with the meetings, and producing the final recorded minutes of actions voted. Tale Town Clerk's minutes are the only tangible record of debate and voting, and are used in'formal enactment of local By- law. Selectmen The Board of Selectmen is afi elected body responsible for calling the meeting and setting the warrant. This executive board is,often authorized by the meeting to act on the Town's behalf between Town 1Vleetings and oversee its management through the appointed Town Manager. School Committee The School Committee is' an elected body'responsible for setting policy and directing managemont"of the'schools, through its appointed Superintendent of Schools. Finance'Committee The Finance Committee is''appointed`by the Moderator and is responsible for specific recommendations to the Town Meeting on financial and certain other articles. This body of citizens fids,,'the obligation to investigate finance related articles proposed to the meeting and make indeendent recommendations in the best financial interest of the Town. Planning Board The Planning Board is appointed by the Town Manager and is responsible for administering the Town's Zoning By-law. This Board) is required to hold hearings and make recommendations on articles which affect zoning or environmental issues. Town Counsel Town Counsel is the Town's Attorney, appointed by the Selectmen. Town Counsel will make legal rulings and advise the meeting when that advice is needed. 9 Executives, Staff and Committees Many other participants have strong interest in assuring the success of Town Meeting. They propose issues, explain interests and supply information to the voters. Included in this group are the Town Manager, Superintendent of Schools, Town Accountant, Department Heads, and various other Town Committees. Operating Staff Significant effort is made to properly organize and operate Town Meeting. Town staff and volunteers provide the necessary support to conduct each Town Meeting and include Registrars of Voters, Voter Check-in Clerks, Counters, Pitbhc 'Safety Officers and Facilities Personnel of the building in which the meeting is held. Respectful Deliberation and Debate: • It is asked that petitioners and follow-up speakers who address the meeting rovide only new information in an effort to persuade undecided voters. C`on'tinued reiteration of previously heard information w,a,show of support takes time and does little to positively affect the putcome of a vote;`, • Please refrain from applause or negative responses during discussions. • Keeping remarks brief and relevant shows respect for the�value of your neighbors' time. The most persuasive statements at,"Towl Meeting'are often those most succinctly stated, disclosing new facts o`r arguments'in an effort to advance a position while retaining the audience's full,attention. Lastly,please see the Addendums below on Electronic and Visual Presentations as well as the Town By-laws that relate to Town Meeting, Participation at Town Meeting is,a unique tradition, one which differentiates New England towns from other regions of tfie'country and from cities, and some towns, in our own Commonwealth. Town'`,Meeting;, e" ains the most direct and inclusive form of participatory democracy ever utilized'in'any form of government on this earth. I invite you to contribute to this vital community conversation. Mark S. DiSalvo Town Moderator 1011 Great Pond Road msdisalvo cr,yahoo.com 978 683-4396 10 Addendum A Advisory on Electronic and Other Visual Presentations Any speaker at Town Meeting wishing to utilize an electronic or other visual presentation must abide by this advisory as well as adhere to all rules regulating conduct of any speaker. • The use of electronic/visual presentations are limited to vprovide necessary information that is not easily conveyed in verbal form, such, as maps, graphs, charts and photos. The propriety of use is to improve,Jlie",clarity of information given to the meeting. The Moderator will encourage con§ohdat.on of presentation material to benefit the attending voters, and to ensure balance during the debate. • Electronic/visual presentations by Town agencies,,with similar recommendations on an article, are encouraged to consolidate electronic/visual presentations into a single presentation. That presentation, scheduled with the Moderator at,least one week prior to a Town Meeting, may utilize;up to 15 minutes, with the mtenf that it will reduce the time needed for multiple preseiitatioils Arid follow-on comment and response. The deadline for submission of a presentation may be waived upon the Moderator's discretion. • Electronic/visual presentations by any citizen must also be coordinated with the Moderator at least one week priorto,,TOWn Mceting. All voters in attendance must*able to see and hear any presentation made, regardless of where they are seated in the venue.Jf this standard cannot be met, then the presentation shall not be allowed as no voter, by happenstance of proximity to any presentation, shall have an advantage"od, more easily���viewing any z,presentation over any other voter. Equipment availability Js the responsibility 6t.Ahe petitioner/presenter. Technical assistance and arrangement&:for display-edu prnent'must be coordinated with the Town Clerk and,1Vloderator, at least one week before the meeting. Computers, projectors and screens,may be available. Use of an overhead projector is not allowed. Equipment malfunction or any othar,reason fof jack of ability to use any planned electronic or other visual display will not invalidate consideration of the article or keep the body from considering,the motion. It becomes the responsibility of the petitioner/presenter to present arguments in another form within the rules of the Town Meeting. 11 Addendum B Town Bylaws Affecting Town Meeting Chapter 59 § 59-1 Adjournment. When. a Town Meeting shall be adjourned to a time certain that is more than fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. § 59-2 Quorum. There is no quorum requirement for Annual or Special Town Meetings. § 59-3 Reconsideration Vote. Unless the Moderator shall otherwise rule, for reasons,Which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town Meeting shall be entertained during that meeting or any adjourned session thereof. § 59-4 Secret Ballots. Upon motion duly made and seconded, at any Annual or,Special Town Meeting, and upon the affirmative vote of at least twenty-five�,percent (25%)°cif the voters present at said Annual or Special Town Meeting, any Article in the'warrant for said Annual or Special Town Meeting shall be voted upon by Australian(secret)ballot: a § 59-5 Information Required;for Consideration of Articles. A. The sponsor of any, Article requiring the raising and/or appropriation of town funds shall provide to the Town',Manager and to the Finance"Committee the following information: 1. Total estimated dollar cost of the Article including: a. Start-up costs, b Reoccurring annual costs, including any increase in personnel and/or equipment purchases:' ', c. Source of estimate.,, 2:Estimate of any possiblerevenues the project might generate. 3: Proposed source and/or mechanism for funding. 4. Reason(s) for the request, including but not limited to need. 5. Population group mos"t likely to benefit or be affected by the project. 6. Possible alternat Yes' ",to the requested proposal. 7. Schedule or,time frame for completion of the project. 8. Any motions that would be introduced to support the Article as submitted. B. This information shall be provided within two (2) days after the final fixed date for receiving Articles into the warrant for the Annual or any Special Town Meetings. § 59-7 Votes to be Declared by the Moderator The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. The Moderator may take all 12 votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. 13 2013 ANNUAL TOWN MEETING WARRANT TABLE OF CONTENTS Report of the Finance Committee Simplified Rules of Parliamentary Procedure WARRANT FOR ANNUAL TOWN MEETING Page Article 1 Reports of Special Committees Article 2 Reports of Receipts and Expenditures GENERAL ARTICLES Article 3 Authorization of the Town Manager,or Superintendent of Schools Regarding Contracts in Excess of Three Years Article 4 Authorization to Accept Grants of Easelments Article 5 Authorization to Grant Easements Article 6 Amend General Bylaws—`Chapter 122 Hawkers and Peddlers Article 7 Acceptance of a Public Way Redgate Lane Article 8 Acceptance of a Public Way;=Woodlea„Road Article 9 Amend Make-up of School Building Committee Article 10 Approve Special Legislation fojr-the Purpose"of:Ensuring Approved Affordable Housing is Included on the:)HCD Subsidized Housing Inventory Article 11 Citizen's Petition—A:Resolution to,,Support Passage of a Constitutional Amendment Providing,That Only Human Beings Are People Article 12 Citizeu'91)etition—Conveyance of Property from Orchard Village,LLC to Town ofNorth Andover FINANCIAL ARTICLES Article 13, Set Salaries and: Compensation of Elected Officials Article 14 ,Continue and iuprove Revolving Funds Article 15 sApprove Payment of Prior Years Unpaid Bills Article 16 Amend General Fund Appropriation for Fiscal Year 2013 Article 17 Appropriation`'General Fund for Fiscal Year 2014 Article 18 Appropriation-Water Enterprise Fund for Fiscal Year 2014 Article 19 Appropriation- Sewer Enterprise Fund for Fiscal Year 2014 Article 20 Appropriation- Stevens Estate Enterprise Fund for Fiscal Year 2014 Article 21 Appropriation-Energy Efficiency Improvements at Public Buildings Article 22 Appropriation- Capital Improvement Plan for Fiscal Year 2014 Article 23 Report of the Community Preservation Committee-Appropriation From the Community Preservation Fund Article 24 Authorization- Debt for Improvements to the Greater Lawrence Technical School 14 Article 25 Transfer to Capital Stabilization Article 26 Transfer to Stabilization Article 27 Transfer Overlay Surplus MISCELLANEOUS ARTICLES Article 28 Authorize the Acquisition of the Rea's Pond Sewer Pump Station Article 29 Approve Special Legislation for Easement at Rea's Pond,Sewer Pump Station ZONING ARTICLES Article 30 Citizen's Petition—Proposed Zoning By law to Allow the Keeping,-of Backyard Hens Article 31 Amend Zoning Bylaw—Section 6: Signs'and Outdoor Lighting Regulations Article 32 Amend Zoning Bylaw—Section 8: Supplementary Regulations, Subsection 8.5: Planned Residential Developments`'(PRD) Article 33 Amend Zoning Bylaw—Section 8: Supplementary Regulations by adding Subsection 8.11:Wind Facilities, Article 34 Amend Zoning Bylaw—Section:B ,Supplementaiy:Regulations by adding Subsection 8.12: Medical Marijuaua'Treatment Facilities Article 35 Amend Zoning Bylaw—Section 18: Downtown Overlay.District,Subsection 18.2: Permitted Uses Article 36 Approve Zoning Map Appendix A Executive Summary—`Article 21 Energy Audit 15 of NOrrrti,� f n w 'r M4SSAGH1156� Annual Town Meeting Warrant May 21, 2013 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts, And m compliance with Chapter 39 of the General Laws, as amended, and our North Andover.Town Bylaws and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants',-,of the Town of North Andover who are qualified to vote in Town affairs o meet at the North Andover High School, 430 Osgood Street, Tuesday, May 21, 2013, at 7 00"PM then and there to act upon the following articles: Article 1: Reports of Special Comity ttec5.>To see if the Town will vote to hear the reports of any appointed special committees, or to take any other action relative thereto Board of Selectmen Board of Selectmen Recommendation; Vote Required Majority Vote CONSENT ARTICLES: ARTICLES 2, 3, 4 AND 5 MAY BE CONSIDERED BY A SINGLE VOTE,IF THERE IS NO OBJECTION(REQUIRES UNANIMOUS CONSENT) Article 2: Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2012 Annual Town Report, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: 16 Vote Required: Majority Vote Article 3: Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option, provided in each instance the longer term is determined to be in the best interest;ofthe Town by vote of at least four (4)members of the Board of Selectmen or the School Committee, as appropriate, or to take any other action relative thereto. Board of`Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote Article 4: Authorization to Accept, Gr'Afit9,�f Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee"to accept grants of easements for access, water, drainage, sewer, roadway and utility purposes ontorms and conditions the Board and Committee deem in the best'4merest of the Town,'" or to take any other act ion relative thereto. Board of Selectmen Board of Selectmen Recommendation: Planning ,Board Recommendation: Vote Required: Majority Vote; Article 5: Authorization to Grant Easements. To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: 17 Vote Required: Two-third Vote (2/3 Vote) Article 6: Amend North Andover General Bylaw—Chapter 122 Hawkers and Peddlers. To see if the Town will vote to amend the Town of North Andover General Bylaw, Chapter 122 Hawkers and Peddlers in order to include food trucks as a use in Town that should be licensed, or take any other action relative thereto. Board of Selectmen Amend Chapter 122 by adding the underlined language to read asfollows: Chapter 122 HAWKERS AND PEDDLERS § 122-1 License Required; Exception § 122-2 Special Events—Prohibited Sales § 122-3 Enforcement § 122-4 Violations/Penalty § 122-5 Food Trucks & 122-6 Food Truck Location & HourS,Of Oueration � 122-7 Alternate Sites and Special Events § 122-1 License Required; Exception. No person shall go through the streets or ways of the'town as a hawker or peddler, selling or exposing for sale, fruits or vegetables; or other goods without first obtaining a written license from the Selectmen ofthe town;provided that this,chapter shall not apply to a person engaged in the pursuit of agriculture,who peddles fruits or vegetables. § 122-2 Special,E,vents—Prohibited Sales. No person, during any parade; festival, concert, sporting event or other public event shall use, sell, or distribute on any street";sidewdlk,or public way of the town or upon any property owned by the towh ; 4. All hawkers and peddlers shall make any goods, wares or merchandise,which they offer or intend to offer for sale, available for inspection by the Police or Fire Chiefs or their designees. § 122-3 Enforcement. The Enforcement Agent for the purpose of this bylaw shall be the Chief of Police or his designees. § 122-4 Violations/Penalty. Any person or organization violating any of the provisions of this bylaw shall be subject to a fine of three hundred($300) dollars, and each day a violation occurs shall be considered a separate offense. This penalty may be enforced under the provisions of the non-criminal provisions contained in Article 1, Section 4, of the Town's General Bylaws. The Public Health Department is authorized to suspend the food truck permit for a minimum of 3 days at its discretion of M vendor that has violated M conditions of the food permit or this bylaw. Repeated violations may result in the revocation of the food truck permit. § 122-5 Food Trucks Food Trucks are defined as a mobile kitchen mobile canteen, or catering truck that is a mobile venue which sells food including ice cream trucks. Food Trucks must obtain a Hawkers/Peddlers license from the Commonwealth of Massachusetts. Operators must also obtain a food truck permit through the North Andover Public Health Department. & 122-6 Food Truck Location & Hours of Operation The Town of North Andover`has pre-approved locations and operating hours that are favorable for Food Trucks which are lookii g to vend oft. public Food truck operators can vend at these specific locations without approval The bre=approved sites and hours of operation are approved and modified by the Board= Selectmen:"The list of locations and hours of operation is available through the Public Health"Department. 122-7 Alternate Sites and Special Events Food Trucks seeking to vend at locations that are not pre-approved or for special events such as Fourth of July Sheep Shearing Parades etc must seek approval from the Board of Selectmen. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority'Vote EXPLANATION: 19 Article 7: Acceptance of a Public Way—Redgate Lane To see if the Town will vote to accept and name Redgate Lane as a public way, as laid out by the Board of Selectmen, and as shown as "Redgate Lane" on a plan entitled, "Street Layout Plan, Redgate Subdivision prepared for X, Scale 1" = 40'; Date X, by X and to accept deeds to all related open space parcels and easements, shown on Plans recorded as Plan No. X and Plan No. X at the North Essex Registry of Deeds and on the above referenced Street Layout Plan, or take any action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Majority Vote EXPLANATION: Article 8: Acceptance of a Public Way,Woodlea Road To see if the Town will vote to accept and name Woodlea Road as a public way, as laid out by the Board of Selectmen, and as shown as "Woodlea Road" on a plan entitled, "Street Layout Plan, Woodlea Subdivision�prepared for;Ashwood Corporation, LLC, Scale 1" = 40'; Date X, by X." and to accept deeds 0',a11 related open space par&Is and easements, shown on Plans recorded as Plan No. X and Plan No. X at the North Essex Registry of Deeds and on the above referenced Street Layout Plan, or take any<actiori relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board,Recommendation: Vote Required: Majority Vote EXPLANATION: 20 Article 9: Amend Make-up of School Building Committee. To see if the Town will vote to amend Article 34 of the Annual Town Meeting of 1946 by replacing the word "annually" with "for three years" and the words "by and from" with "by", thereby allowing two of the three members of the School Building Committee appointed by the School Committee to be residents not serving on said School Committee for a fixed term, or to take any other action relative thereto. School Committee Board of Selectmen Recommendation: Vote Required: Majority Vote EXPLANATION: Warrant Article 34—Annual Town Meeting,March 16,1946 Voted that a committee of seven be chosen,three of the members to be selected annually by and from the School Committee, the other four members to be appointed by the Moderator, for terms of three, four, five, and six years respectively and that upon the expiration of the terms of each appointed member, the Moderator be authorized to fill the vacancy for a three year term. Article 10: Approve:Special Legislation for the.Purpose of Ensuring Approved Affordable Housing is Included on,the DI3CD'S4bs4dized,Housing Inventory. To see if the Town will vote to authbtize:the Board ofv�electmen to see'k'special legislation as set forth below for the purpose 4f ftsuring that=low-Ofmoderate income housing authorized by the Town to be built or create'd,urider G.L. chapters 40Aj40B, or 40R shall be included for purposes of G.L. c.40B, §20 on the Subsidized Housing Inventory maintained by the Department of Housing and Community Development as "affordable housing" �provided, however, that the General Court may make clerical or editorial changes,of form only to the bill, unless the Board of Selectmen approves amendments to the bill prior to enactment by the General Court, and provided further that the Board of Selectmen is he'r&by',authorized to approve amendments which shall be within the scope of the general public;objectives of this petition, or to take any other action relative thereto. An Act Relative to Affordable Housing in the Town of North Andover Section 1. Notwithstanding the provisions of sections 20 through 23 of chapter 40B of the General Laws, or of any other general or special law or state regulation to the contrary, the determination of whether the Town of North Andover has low or moderate income housing in excess of ten per cent of the total housing units reported in the latest federal decennial census for 21 the Town of North Andover for purposes of section 20 of said Chapter 4013, which determination is reflected in a list known as the Subsidized Housing Inventory ("SHI") as maintained by the Massachusetts Department of Housing and Community Development or by a successor department regardless of its name, shall be calculated as follows. As of the date an approval decision is filed with the North Andover Town Clerk and through and including the expiration date of the decision as provided by applicable statute or regulation and any extension of such decision granted by action of the Town or the General Court, the SHI shall include all of the following: A. Any affordable housing unit approved under any local zoning provision under G.L. c.40A, including a so-called Local Initiative Program project, provided that the affordable unit shall be required to have a permanent`,=deed restriction to restrict occupancy or ownership of the unit to an "Income Elgible�Household" as presently defined under the Department's regulations at 760.CMR 56.02; B. Any affordable housing unit in a homeownershipproject approved'utider G.L. c.4013 or G.L. c.40R; and C. Any rental housing unit in a rental project approved under O.L. c.4013 or G.L. c.40R. Provided further that if any such approval decision is appealed, the unit or units at issue shall continue to be listed on the SHI unless afid'uirtil the approval,decision is finally overturned by a court of competent jurisdiction. Section 2. This act shall apply to all housing units meeting the requirements of section I wherein the relevant approval decision`was,filed with the North Andover 'own Clerk on or before January 1, 2000. Section 3. This act shall take effectupon passage Board of Selectmen Board 6f$clectmen Recommenidation: Vote Required: Majority Vote EXPLANATION: Article 11: Citizen's Petition — A Resolution to Support Passage of a Constitutional Amendment Providing That Only Human Beings Are People. To see if the Town will vote to instruct our Senators and Congressional representatives to support a Constitutional amendment to clarify that corporations and other entities created by law do not have the same rights as human beings. 22 WHEREAS, the first amendment to the United States Constitution was designed to protect the free speech rights of human beings, not entities created by law(such as corporations); WHEREAS, corporations are not mentioned in the Constitution and The People have never granted Constitutional rights to corporations; WHEREAS, the United States Supreme Court's ruling in Citizen United v. Federal Election Commission overturned longstanding precedent prohibiting corporations from spending their general treasury funds to influence elections; WHEREAS, the above-mentioned Supreme Court ruling has unleashed unprecedented spending by corporations to influence elections, as occurred in the electionio' November 6, 2012; WHEREAS, the impact of that ruling will be felt at the local, state and federal level as big campaign donors seek to dominate policy making; and WHEREAS, Article V of the United States Constitution empowers and obligates The People of the United States to use the constitutional amendment process.-t correct wrong decisions of the United States Supreme Court; NOW THEREFORE, BE IT RESOLVED that the citizens.of North Andover, Massachusetts hereby instruct the Senators and members o£Congress representing North Andover to propose and support an amendment to the United States Constitution malting it clear that corporations and other entities created by law are not entitled.to the constitutional rights of human beings. Petition of Frederick Nothnagel, et al Board of Selectmen Recommendation: Vote Required: MajorityVote Article`12• Citizen's`Petition`"='Conveyance of Property from Orchard Villaize, LLC to Townof North Andover:, To see`if the Town will vote to authorize the Board of Selectmen to accept, foi';no monetary consideration, the conveyance of the following property from Orchard Village, LLC; upon terms and>conditions deemed by the Board of Selectmen to be in the best interest of the Town. That certain parcel`of land, together with all buildings and improvements thereon, including without limitation the water pump station and all equipment and pump station apparatus, located off of Salem Turnpike in North Andover, Essex County, Massachusetts, and more particularly described as Lot 33 on a plan of land entitled: "Definitive Subdivision Plan For `Orchard Village' in North Andover, Mass. Record Owners: Agnes M. Kmiec 1996 Realty Trust, 1001 Turnpike Street, North Andover, MA 01845, Applicant: Orchard Village, LLC, 44 Great Pond Road, Boxford, MA 01921, Christiansen & Sergi Professional Engineers Land Surveyors, 160 Summer St. Haverhill, MA 01830, Tel. 978-373-0310", dated April 2, 2009, last revised on June 9, 2009, and filed with the Essex North Registry of Deeds District of the Land Court on October 16, 2009 as Plan Number 18083E, to which plan reference may be had for a more particular description of 23 said Lot 33 (hereinafter referred to as the "Subdivision Plan"). The above Lot is designated "Not a Building Lot" and contains 2,047 square feet (.0470 ac), more or less, according to said Subdivision Plan. Said property shall be conveyed subject to the following conditions: 1. The fee in the roadway shown as the "Proposed Road" and Lot 34 on the Subdivision Plan shall be reserved to the Orchard Village, LLC. There shall be conveyed herewith the right to use, in common with the Orchard Village, LLC and those claiming by through or under the Orchard Village, LLC and others lawfully entitled thereto, the way shown on the Plan as Proposed Road (now known as Empire Drive) for the purpose of ingress and egress to the property granted herein. 2. Orchard Village, LLC shall reserve unto itself, its heirs'- and assigns, all easements affecting the premises conveyed to the Town and shown on<the Subdivision Plan. This conveyance shall be subject to the easements; conditions, and restrictions contained in the Subdivision Plan, and all other easements, reservations, covenants and restrictions of record, insofar as the sami are in force and applicable, and acceptable to the Board of Selectmen, however not intending to revive any of the same. 3. Orchard Village, LLC shall also grant to the TOW n a permanent and perpetual right and easement to re-install, maintain and repair the;water mains and associated pipes and fixtures now located withirisaid Lot:34, in common,with Orchard Village, LLC and those claiming by through or under the,Orchard Village, LLC and others lawfully entitled thereto to use Lot 34 for atl"purposes that=street and ways are currently used in the Town of North Andover. The;Grariro,shall,also reserve the right to install, maintain and repairutilities in.Lot 34,'e1xcluding the water mains and associated pipes and fixtures. 4. Upon any exercise of the,easement,rights that,disturb the surface of the ground of Lot 34, the,Grantee shall.reasonabty=testore -the ground to its previous condition. By acceptance of; this conveyance, the Town shall accept responsibility for the fnaitenance "`operation and repair of the water booster pump station and all related improvements arid ;equipin�_ located on said Lot 33 and the water mains and 'associated pipes andfiixtures located within said Lot 34. 5. There,is_ reserved unto Orchard Village, LLC an easement and right to connect Orchard pillage LLC's:remaining land to the water mains and associated pipes and fixtures located within'said Lot 34, upon the payment of customary connection fees to the town, Or take any other action related thereto. Petition of Douglas B. Small, et al Board of Selectmen Recommendation: Vote Required: Majority Vote 24 Article 13: Set Salaries and Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows, or to take any other action relative thereto. Board of Selectmen/Licensing Commissioners,per person, per annum $5,000 Chairman of Board of Selectmen, per annum, in addition $500 School Committee, per person,per annum $5,000 Chairman, School Committee, per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote Article 14: Continue and Approve Revolvink Fu7nds. To,.see if the town will vote to authorize the following revolving funds for certalli,`Tovvn departments under Massachusetts General Laws, Chapter 44, Section53E �/z forte Fiscal Year beginning July 1, 2013, 25 Revolving Fund Accounts Account Revolving FY 2014 Number Fund Authorized to Spend Use of Funds Revenue Source Limit 1 2031204 Wheelabrator Director- Community Air quality monitoring Wheelabrator Host $ 35,000 Planning Development Community Agreement 2 2031205 Wheelabrator Director- Community To enforce Trash Truck Wheelabrator Host $ 20,000 Public Safety Development regulations Community Agreement 3 2031207 Health Dept- Director- Community Food Consultant fees Inspection Fees $ 20,000 Food Development and expenses related"to Inspections program 4 2031208 Health Dept - Director- Community Septic Consultantfees Inspection Fees $ 15,000 Septic Development and expenses related to I nspections program ;� - 5 2031210 Field Director- Division of Field;maintenance, Fiel&rental fees, $ 10,000 Maintenance Public Works upgrade and related Grants;;Donations, expenses and related;, Fundraising proceeds 6 2031211 Health Dept Director- Community clinic supplies'and other Clinic participant $ 30,000 Revolving Development related materials fees, Grants, Donations, and related Fundraising proceeds 7 2031213 Youth and . Assistant-Town All programs ana Participants' fees, $ 260,000 Recreation ; Manager activities, expense, part Grants, Donations, Services time help and related Revolving , Fundraising proceeds 8 2031217 Elder�,Services ,Assistanf Town Senior programs, Participants' fees, $ 20,000 =COA Revol Manager classes and activities Grants, Donations, and related Fundraising proceeds 9 Stormwater Director- Community Review, test and inspect Review Fees $ 50,000 Bylaw Development Stormwater reports Total: 460,000 26 Re 6IVfng Frund Account Receipts;and~Expenditures . Receipts Expenditures Account Balance FY12 FY12 Balance thru thru Number Revolving Fund 7/1/11 Receipts Expenditures 06/30/12 12/31/12 12/31/12 Balance 1 2031204 Wheelabrator $ 66,075 $ 25,000 $ (16,016) $ 75,059 $ 25,000 $ (5,535) $ 94,524 Planning 2 2031205 Wheelabrator $ 38,184 $ 12,700 $ (2,220) $ 48,664 $ 9,250 $ (2,020) $ 55,894 Public Safety 3 2031206 Host Community $ - $ - $ - $ .$" - $ - $ - Health Dept 4 2031207 Health Dept- $ 70,919 $ 24,577 $ (14,907) $, 80,588 $ 21,950 $ (10,785) $ 91,753 Food Inspections 5 2031208 Health Dept- $ 16,657 $ 14,150 $ (16,748) $ 14,059 $ 57'800 $ (4,760) $ 15,099 Septic Inspections 6 2031210 Field Maintenance $ 16,015 $ 6,750 $ (12,614) $ 10,,150 $ 1,300 (4,641) $ 6,809 7 2031211 Health Dept $ 12,129 $ 17,508 $ (27,6T�3) 1,964 $ 16,530 $ (9,839) $ 8,656 Revolving 8 2031213 Youth and $272,959 $278;628' $'x; (333,504) $2'18,082 $108,213 $ (189,026) $137,268 Recreation Services Revolving 9 2031217 Elder Services $ ':",3,90 $ , 3,070 � `C (27,886) $ "q,091 $ 15,665 $ (12,382) $ 12,374 71 - COA Revol or to take any other action relative thereto: Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority,Vote EXPLANATION: This article authorizes the 'revolving funds shown above for certain Town departments under Massachusetts General Laws, Chapter 44, Section 53E 1/2 for the Fiscal Year beginning July 1,2013 and ending June 30,2014. FINANCE COMMITTEE RECOMMENDATON: 27 Article 15: Approve Payment of Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior year(s), by the respective department, using appropriations of the current fiscal year, or to take any other action relative thereto. Prior Year Invoices FYI Vendor Amount Department Eagle Tribune 246:79; Facilities Catholic Charities 270:00':, School Education Inc 61 1 80` . ;. ,School Greater Lawrence Educational Collabrative 591.28 School Main Street Hardware ? 128.26 School Matthes, Ralph 217.61 Sc 6'0' 1. Quality Fire ;' 750.00 School Town of N Andover-Water&Sewer 2,271:70 School Liddell Brothers 120'00 School Eagle Elevator(3 invoices) 3;59.00 School Liddell Brothers 300.00 DPW mak. Columbia Gas 12,262.44 DPW Peterson Party 2;150,00 Stevens Estate 23,468:88 Board of Selectmen Board of Selectmen'Recommendation: Finance Committee Recommendation: Vote Required: ; - Four-fifths (4/5 Vote) y .. EXPLANATION: Any prior; year bills brought forward before Town Meeting will be included in this article. Typically, the current year's budget provides the money to pay such past bills. This type of Article has a special voting requirement of 4/5th at an Annual Town Meeting. Article 16: Amend General Fund Appropriation For Fiscal Year 2013. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2013 as voted under Article 20 of the June 12, 2012 Annual Town Meeting, or to take any other action relative thereto. 28 And further to: Amount Voted Under Article 20 06/12/12 General Fund Appropriation ATM Amendment Revised Total GENERAL GOVERNMENT 2,236,879 0 2,236,879 PUBLIC SAFETY 9,260,299 0 9,260,299 EDUCATION 38,283,941 0, 38,283,941 SNOW AND ICE REMOVAL 752,448 0, 752,448 PUBLIC WORKS 3,268,370 '=0 3,268,370 HEALTH &HUMAN SERVICES 1,081,725 0 1,081,725 CULTURE&RECREATION 852,230 852,230 SUPPORT SERVICES 1,135,841Oz' 1,135,841 DEBT SERVICE 6,291,673 ' 0 ..6,291,673 <, EMPLOYEE BENEFITS 15,127 496 0 151'127,496 LIABILITY INSURANCE 33 ;154 0 307,154 CAPITAL&RESERVES 250,000 0 250;000 FINANCE COMMITTEE RESERVE 0 , 0 0 GREATER LAW TECH SCHOOL 250,168 . 1 0 250,168 SCHOOL BUILDING COMMITTEE 900 0 900 Total Town Meeting Appropriation 79429.,124 0 79,129,124 —Board of Selectmen Board of Selectmen, ommendation: Finance Committee Recommendation: Vote Required, Majority;Vote FINANCE COMMITTEE EXPLANATION: This article seeks to transfer monies from accounts with surpluses to accounts with deficits'for FY2013. The result of an affirmative or yes vote will move monies to accounts that are now known to require funds and reduces or eliminates the need to carry forward deficits into the FY2014 budget. Article 17: Appropriation—General Fund for Fiscal Year 2014. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014, 29 FY14 GENERAL FUND BUDGET Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2013 2014 2014 2014 RECAP Department Board of Finance Request Selectmen & Committee Town Manger Recommend Recommend Revenues & Other Financing Sources Operating Revenues Property Taxes 61,434,579 63,540,840 63,540,840 0 Local Receipts 8,794,775 8,840,476, 8,845,336 0 State Aid 9,435,614 9,435,614:;:,. 9,435,614 0 Operating Transfers 1,525,864 1,542,763 1,542,763 0 Total Operating Revenues 81,190,832 X83,359,693 =`83,364,553 0 Other Fin, Sources Free Cash 250,000 0 838;090 0 Overlay Surplus 0 V 0 0 0 Others one time revenues 95,000 95,000 95,000 0 Total Other Fin Sources 345,000 95,000 933,000 0 Total Opr. Rev. & Fin Sources 81;535;833 ,., 83,4545693 84,297,553 0 Operating Expenses GENERAL GOVERNMENT Town Moderator > . _ - , 825 - 825 825 . 0 Selectmen/Town Manager `315;943 . 316,787 298,868 0 Asst. Town Human Resouaseger '' - $9,386 49,571 49,571 0 3 81,383 81,383 0 Town Accountant 220,738 209,262 221,262 0 Finance Committee 795 795 795 0 Treasurer/Collector, 297,657 302,085 302,085 0 Assessing 296,940 318,339 307,170 0 Legal 185,000 185,000 160,000 0 Town Clerk 334,937 284,465 275,445 0 Community Development " 222,199 222,599 222,599 0 Planning 110,205 114,234 114,234 0 Conservation 85,938 87,971 95,971 0 Board of Appeals 34,763 36,625 36,625 0 Salary Reserve 0 0 29,000 2,236,879 2,209,941 2,195,833 0 30 Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2013 2014 2014 2014 RECAP Department Board of Finance Request Selectmen & Committee Town Manger Recommend Recommend PUBLIC SAFETY Police Department 4,338,534 4,925,455 4,597,340 0 Fire Department 4,437,921 4,632,265 4,622,265 0 Public Safety Salary Reserve 209,471 0 199,019 0 Inspectional Services 252,898 285,032 , 285,032 0 Emergency Management 21,475 35,415 31,475 0 9,260,299 9,878;167 9,735,131 0 EDUCATION N A Public School 38,283,941 -;39,981,881 39,863,136 0 38,283,941 39,981,881 3,'9.863,136 0 PUBLIC WORKS Administration 406,937 409,082 40902 0 Street Sidewalks 781,804 ; 8501'203 850;203 0 Solid Waste/Recycling 1,268,638 >r1`,2951174 1,295,174 0 Fleet Maintenance 276,380 276,378 276,378 0 Structures & Grounds -534,611 . .5071353 507,353 0 Salary Reserve 0 0 24,000 Snow& Ice Removal 752,448 752,448 752,448 0 4,020,818 ; 4,090,638 4,114,638 0 HEALTH & HUMAN SERVICES ` Health Department 203,'845 199,842 199,842 0 Elder Services 249,369 247,711 247,711 0 Youth Service � 257,142 , 310,653 302,068 0 Veterans Service 376,749 398,251 0 Salary Reserve f „ �: ; ',, .0 0 14,000 1,081;725 1,134,955 1,161,872 0 CULTURE & RECREATION z Stevens Library ��. �, 852,230 854,675 852,687 0 Salary Reserve. , . . 0 0 11,000 0 852,230 854,675 863,687 0 SUPPORT>SERVICES Outside Auditing 57,000 58,000 58,000 0 Purchasing49,017 48,991 48,991 0 ...v. Information Technology 932,586 998,757 998,257 0 Structures and Grounds '' 97,239 231,046 231,046 0 Salary Reserve 0 0 11,000 1,135,841 1,336,794 1,347,294 0 DEBT SERVICE Excluded - Principal- Long Term 1,399,856 1,434,856 1,434,856 0 Excluded - Interest- Long Term 440,710 393,466 393,466 0 Excluded - Interest-Short Term 0 0 0 0 Included - Principal- Long Term 3,814,474 3,992,712 3,992,712 0 Included - Interest- Long Term 636,633 554,157 554,157 0 Included - Interest- Short Term 0 _ _ 0 0 _ _ 0 6,291,673 6,375,1901 6,375,190 0 31 Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2013 2014 2014 2014 RECAP Department Board of Finance Request Selectmen & Committee Town Manger Recommend Recommend EMPLOYEE BENEFITS Retirement Assessment 3,186,990 3,442,269 3,442,269 0 Workers Comp 303,702 280,196 280,196 0 Unemployment Compensation 200,000 200,000 150,000 0 Group Insurance 10,746,804 10,746,8o4 11,091,614 0 Payroll Taxes 600,000 600,000 600,000 0 Police& Fire Accident& Sickness Inc. 90,000 90,000 90,000 0 15,127,496 15;359,269 15,654,079 0 LIABILITY INSURANCE _ x „ 337,154 377,612 377,612 0 Regional Schools 250,168 .tip 259779 259;779 0 School Building Committee 900', 0 0 0 Finance Committee Reserve 0 -; 0 0 0 s 251,068 t 259,779 259,779 0 Total Non - Departmental Cost 22,007;391 22,37'x;850 22,666,659 0 Annual Town Meeting Vote_ 78;879,124 81,858,901 81,948,250 0 CAPITAL & RESERVES Finance Committee Reserve , 0 0 0 0 Transfer to Capital Stabilization Fund ;25,000 > 0 213,000 0 Transfer to OPEB;Reserve Fund ` t:`' 0 0 0 0 Transfer_to Stabilization Fund 225,000 0 625,000 0 Deficits ( Snovvand Ice) - 0 0 0 0 r,. Deficits (overlay) ? 10,394 0 0 0 Deficits ( Steve`ns�Etate) �„ 0 0 0 0 Overlay ;, ��, 629,707 400,000 400,000 0 890,101 400,000 1,238,000 0 STATE ASSESSMENTS _ _ _ Spec Ed <"> 0 _0 0 0 Mosquito Control 90,159 90,159 90,159 0 Retired Teachers Health Insurance 1,316,435 1,449,276 661,130 0 Air Pollution Districts 8,819 8,819 8,819 0 Regional Transit 184,305 184,305 184,305 0 RMV Non Renewal Surc 19,800 19,800 19,800 0 School Choice 22,302 22,302 22,302 0 Charter School Assessment 49,937 49,937 49,937 0 Essex County Agricultural Assessment 74,850 74,850 74,850 0 1,766,607 1,899,448 1,111,302 0 General Fund Budget 81,535,833 84,158,348 84,297,552 0 32 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE -GLSD $ 141,336 $ FROM SPECIAL REVENUE -COMM PROG $ 62,700 $ FROM FREE CASH $ 29,710 $ - $ 233,746 $ or to take any other action relative thereto. s Board o Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION: This article is the fiscal year 2014 appropriation of funds for the Town of North Andover. This annual budget is a declaration of our Town's priorities — a statement on how we choose to allocate the limited collective resources that exist. The operating budget enables the day-to-day operation functioning of the town by paying for recurring expenditures for programs and services, employee salaries, rents, utilities, supplies, insurance and debt 'service. The Library, Schools, Police Department, Fire Department, Elder Services and dozens of other town ;departments rely on this funding to provide services to you on a daily basis. The level of funding, and the choice of how we allocate that funding at Town Meeting determines the level of services that visitors, residents and businesses receive in the coming year. The operating budget receives local aid from the Commonwealth, our local taxes (property, excise and business) and other fees collected by the Town. All town activities, not specifically directed to other accounts such as Water or Sewer Enterprise Funds, are fundedthrough this budget. As a result, most of the Town's operating expenditures are paid through this appropriation. Rather than being asked to vote on each line item, Town Meeting is being asked to votes on various sub-totals (bolded lines in the above schedule) reflecting the overall budget for each Town department. By approving the sub-totals, rather than individual line items, the town manager will have spending flexibility within those programs so long as the Town Manager does not exceed the sub-total amount for the department. A majority of the Town Meeting has the right to vote on individual line items (or in fact, further subdivide them) if so (although this would limit the Town Manager's budget flexibility). FINANCE COMMITTEE RECOMMENDATION: 33 Article 18: Appropriation — Water Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of$4,891,704 in aggregate, for the purpose listed under column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Water Enterprise Fund, that $4,894,704 be raised from Water receipts and from these receipts $878,741 be transferred to the General Fund and to further transfer from retained earning the sum of$11,919.70 to cover prior year deficit in capital project fund, s: F, or to take any other action relative thereto. WATER ENTERPRISE Fiscal Year 2014 Recommendation Town`manager Fiscal Year Board of 2013 %;DepatYnent Selectmen Budget Request Personnel .718,903 .700,984 868,700 Expense J,45'4`719 _ 1;482,469 1,482,469 Debt Service 2,198,323 1,662,449 1,662,449 Sub-Total Direct Expenditures 4,40Q,6l3 1907,440 4,023,659 Admin/Indirect _. 747, 71 762,522 878,741 Total Water Entex rise 5,119;516 4,608,424 4,891,704 Board of Selectmen Board,of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote r EXPLANATION: The purpose of this article is to fund the Water Enterprise Fund, the fund is supported by water usage charges. The water rate is set by the Board of Selectman and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the"consumption of water by the users.' Indirect costs are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Water Department and are expensed through the General Fund, or operating budget. An affirmative or yes vote will ensure the operation of the water department according to projected needs. 34 Article 19: Appropriation — Sewer Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of$4,729,588 in aggregate, for the purpose listed under the column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,729,588 be raised from sewer receipts and from these receipts $413,525 be transferred to the General Fund for indirect expenses and to further transfer from retained earnings the sum of$91,437.56 to cover prior year capital project deficits, or to take any other action relative thereto. SEWER ENTERPRISE FY14 Recommendation Town,Manager FYI3 ""?,', Department Board ofeSelectmen Budget Request Personnel 509,732 : 517,849 350,788 Expense 292,175 318,275 318,275 GLSD Assessment 1,541,247 1;65500 1,655,000 Settlement `0 0 0 Debt Service 2,000,405 x,992;000 1,992,000 Sub-Total Direct, Expenditures4,343,559 4,483,124 4,316,063 Admin/Indirect 529;744 529,744 413,525 Total Sewer Enter rise 4,873,303,e 5,012,868 497299588 Board of Selectmen Board of-Selectmen Recommendation: Finance'Committee Recommendation: Vote Required: Majority Vote EXPLANATION: The purpose of this article is to fund the Sewer Enterprise Fund, the is supported by sewer usage charges. The sewer rate is set by the Board of Selectman,and is established based on the total expenses of the department, including debt service, direct and indirect expenses and the use of sewer services by residents and businesses. Indirect costs are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Water Department and are expensed through the General Fund, or operating budget. An affirmative or yes vote will ensure the operation of the department according to projected needs. 35 Article 20: Appropriation — Stevens Estate Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of$271,974 in aggregate, for the purpose listed under the column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $271,974 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $46,460 be transferred to the General Fund for indirect expenses, or to take any other action relative thereto. STEVENSESTATE AT OSGOOD HILL ENTERPRISE �EY14 Recommendation Town Manager Board of FY13Department Selectmen Budget Request Personnel 100,000 X96;125 96,125 Expense 1201468 129389 129,389 Debt Service 0,,; 01 0 Sub-Total Direct Expenditures 200`, 8', 225,514 225,514 Admin/Indirect."' 46;40 46,460 46,460 Total Stevens Estate Enterprise,', > 266,928.` 271,974 271,974 Board of Selectmen Board`of Selectmen Recommendation: Finance Committee Recommendation Vote Required: Majority:Vote EXPLANATION: The purpose of this article is to appropriate funds to operate the Stevens Estate at Osgood Hill. Fees charged to individuals and groups using the facility and grounds for private events support the Estate. Article 21: Appropriation—Energy Efficiency Improvements at Public Buildings. To see if the Town will vote to raise and appropriate $4,049,027 by bonding or otherwise to make improvements to school and town building as identified in the Energy Audit detailed in the 36 Appendix A of the printed Warrant, and to meet this appropriation, the Treasurer with the approval of the Board of Selectmen is authorized to borrow$4,049,027, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Two-thirds (2/3)Vote EXPLANATION: The purpose of this article would be to fund a series of energy efficiency measures at 'school and town buildings. Those measures were identified as partof an investment grade audit completed by a firm selected as a result of a request for proposals. This work would be completed as part of an Energy Performance Contract(EPC). EPC is a' turnkey (design/build) system, which provides customers with a comprehensive set of energy'efficiency measures accompanied by a guarantee that the savings produced will be sufficient to finance the cost of the project. FINANCE COMMITTEE RECOMMENDATION: >s� h 37 Article 22: Appropriation — Capital Improvement Plan for Fiscal Year 2014. To see if the Town will vote to fund the Capital Improvement Program as listed and with the language included, FYI CIP Recommendations BOS,Town Mgr, . Finance Committee Line# Project Description Fund Code Recommendations 1 Ambulance _ B/N-G $ 260,000 2 Roadway Improvements n ,$/N-G $ 1,115,000 3 Sidewalks Reconstruction B/N G $ 75,000 4 Building Maintnenace $ 150,000 5 Front End Loader B/N G` `;. ; $ 230,000 6 District Wide Paving B/N-G � $ 100,000 7 Dale Street Athletic Fields B/N G $ 300,000 y 8 Facilities Master Plan ImplementationB/N-G ``$ 3,895,500 9 1T Room Air ConditioningB/N-G $ 76,839 10 Municipal IT a B/N-G - $ 50,000. 11 Tractor and Brush Cutter B/N-G $ 125,000 12 'School IT r B/N-G $ 127,131 13 Water& High Street Lights, Intersection, Road'lmprc B/N-G $ 110,000 , General Fund Total $ 6,614,470 14 Replacement of 15 Eme gency,Powerarbon UpgradeeWTP uators B/N-W $$ 220,000 0,000... Water Enterpri,46"Fund Total $ 440,000 16, School St &`$unkerhill:'>St Sewer Replacment B/N-S $ 300,000 17 Impro\tements,to vaious Sewer Pump Stations B/N-S $ 1,462,381 Sewer Enterprise Fund Total $ 1,762,381 Total All Funds $ 8,816,851 Fund Codes spelled out below= Funding Recommendation Code Totals Excess Bond Proceeds -General EB&G $ 57,473 Excess Bond Proceeds -Water EBG-W $ 172,809 Excess Bond Proceeds -Sewer FBG-S $ 1,762,381 Bonds/Notes -General Fund B/N-G $ 5,481,997 Bonds/Notes -Water Enterprise B/N-W $ 267,191 Bonds/Notes -Sewer Enterprise B/N-S $ (0) Other Funding Sources (Grants, Spec Rev, CPA & Chapter 90) OFS-G $ 1,075,000 Total All Capital Projects Funding $ 8,816,851 38 that to meet this appropriation: (1)The Treasurer with the approval of the Board of Selectmen is authorized to borrow $5,749,188 under chapter 44 of the Massachusettes General Law or any other enabling authority, (2) a portion of the appropriation for item 1 above in the amount of$260,000 shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article NumberDate Bonded $ 4,108.02 Fire Truck 2010/Art 1 2/17/2011 $ 1,490.11 Drainage Inmprovements 2007 -2006/Art;24,.Sec 3 6/15/09 $ 8,090.00 Senior Center Roof Replacement 2010/Art 28 Scc 3 _ 2/17/2011 $ 6,999.87 Dump Truck w/plow, sander and basin cleaner~': 2011 Art 27 Sec_10, 5/17/2012 $ 20,688.00 (3) a portion of the appropriation for item 2 above in the--amount of$34000 shall be funded with the transfer from the following mg projects in the amounts set-forkh'1�elow, said sums represent excess bond proceeds not needed for the completion of the projects: Amount Proiect `-Date/Af•ticle Number Date Bonded $ 1,996.00 Internet Telephone System 2011_/Art 27 Sec 3 5/17/2012 $ 223.00 School Data;Storage and Intergration 2011 /Art 27 Sec 8 5/17/2012 $ 2,156.00 Network Connection Upgrade 2008 /Art 14 Sec 7 6/15/2009 $ 25,101.00 Emergency Generator ��` 2011 /Art 27 Sec 7 5/17/2012 $ 29,476.00 �. (4) a portion,"of the'appropriation:f6r item 6 above in the amount of$100,000 shall be funded with the transfer from the following project in the amount set forth below, said sum represents excess bond proceeds not needed for the completion of the project: Amount" Proiect Date/Article Number° Date Bonded $ 7,309.00 Fire Sprinkler System-Kittridge School 2010/Art 28 Sec 12 2/17/2011 = $ 7,309.00 (5) a portion of the appropriation for items 13 & 14 above in the amount of$440,000 shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article Number Date Bonded $ 4,000.28 'Lake Co 1991 /Art 12 Sec 20 6/15/2001 $ 113,925.00 Bear Hill Reseviour 2004/Art 11 sec 22 6/15/2005 $ 40,507.28 Water Main Rehab 2007/Art 21 Sec 19 6/17/2008 $ 14,376.44 Foxwood Booster Pump 2008/Art 14 Sec 16 12/15/2009 $ 172,809.00 39 (6)the appropriation for item 15 above in the amount of$300,000 shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article NumberDate Bonded refunding bonds $27,424.62 East Side Interceptor 2001 /Art 8 Sec 14 6/15/03 refunding bonds $5,927.41 Sewer System Ext Phase IVA 2001 /Art 8 Sec 15 6/15/03 $30,913.66 Sewer System Ext in Watertshed 2002/Art.I 1;2Sec 24 6/15/2003 $1,945.00 'Angus pump 199, 1Art 21 ??Do not know refunding bonds $128,993.07 Sewer Sy Ext Phase 3C l0$,,/Art 10 Sec 27 6/12/08 $73,875.67 West Side Sewer Trunk Relief 1998/Art 10 Sec 26 6/15/2001 $2,439.51 Sewer System Phase III D 2000/Art 14 Sec 25 4/1/2002 $900.00 Sewer System Ext Phase IV 2000/Art 14 Sec 4/1/2002 $897.94 Eastside Sewer Replacement Design 2000/Art 14 Sec 28 4/1/2002 $3,000.00 ;New Bonny Lane Pump Station 2004,/,Artll Sec 28 ` b/13/2005 $23,683.12 _Sewer Ext Phase 41) 2005/Art 10 Sec 5 9/20/2006 $300,000.00 (7)a portion of the appropriation for item 16 above m the amount of$1,462,381 shall be funded with the transfer from the following projects m,the amounts;setyforth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount ProiectDate/Article Number Date Bonded_ $123,477.35 Sewer ext Phase 4D 2005 /Art 10 Sec 5 9/20/2006 $938,406.39 Waverly Road Relief Sewer Main 2007/Art 21 Sec 23 6/1/2008 $400,497.31 ;Eastside Trunk Sewek , _v 2008/Art 14 Sec 17 12/15/2009 $1,462,381.05 or to<take any other action relative thbreto. Town Manager Board of Selectmen Recommendation: Finance Committee,/Rec6ihinendation: Favorable Action Vote Required: Two-third (2/3)Vote EXPLANATION: A capital improvement plan is a'major, non-routine expenditure for new construction, major equipment purchase, or improvement to existing buildings, facilities, land or infrastructure with an estimated useful life of five years or more, and a cost of$25,000 or more. Items in this plan are funded by debt; the Town will issue bonds of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments 40 over that term. The bonds may be,,general obligation (funded by the general tax levy) or special obligation (funded by water or sewer rates). Thereis a possibility that recommendations or amounts on this page may change before Town Meeting as additional information becomes available.' If necessary, an update will be handed out at Town Meeting. FINANCE COMMITTEE RECOMMENDATION: Article 23: Report of the Community Preservation Committee''= Appropriation From Community Preservation Committee Fund. To'',receive the report , of the Community Preservation Committee and to see if the Town'will vote to raise, borrow; transfer and/or appropriate from the Community Preservation=Fund, in accordance with ovisions of Massachusetts General Laws Chapter 44B, a sum of`money to be spent under the direction of the Community Preservation Committee, \ or to take any other action relative thereto.1 . List of Appropriations' Community Preservation Fund Community Preservation Committee Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote 41 EXPLANATION: The Community Preservation Act (CPA) addresses;community issues such as acquisition and preservation of open space, creation and support of affordable housing, acquisition and preservation of historic buildings and landscapes, and creation and support of recreational opportunities. The CPA was adopted at a Special Town Meeting in January 2001, and by the voters at the following Town Election in March of the same year. As adopted,it levies a 3% surcharge on property taxes with two exemptions: $100,000 of the value of every residential property, and a complete ;exemption on property owned and occupied by people who qualify for low-income housing or low- or moderate-income senior housing. The Community Preservation Committee (CPC) annually recommends how funds should be spent or set aside for future spending among the allowable categories of a) open space; b) historic preservation;c) affordable housing; and d) land for recreational use, with a minimum of 10% required in each of the first three categories. In addition, a maximum of 5% may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures, but cannot add to them. North Andover received matching funds equal to $389,014 or 29.49% in FY12 from the Commonwealth. Legislation is being discussed that will increase the matching funds for municipalities. Article 24• Authorization — Debt for lmproveincnts to_the' Greater Lawrence Technical School. To see if the Town will vote to approve'the indebtedness authorized by the Regional District School Committee of"the Greater 1ayvience Regional Vocational-Technical School District for the purpose;,of paying costs of reconstructing and making extraordinary HVAC repairs the District High School, located at 51 River Road in Andover, and for the payment of all other costs incidental and"'related thereto (the, "Projeet"), which proposed repair project would materially extend the useful llf&<of the"scliool and:preserve an asset that otherwise is capable of supporting tl`6.'requir-ed educational program, and for which the District may be eligible for a school construction grant from''th6 Massachusetts School Building Authority ("MSBA"), or take,',, other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Two-third (2/3)Vote EXPLANATION: The Town of North Andover is a member of the GLTS. The school plans on making repairs to their facility in the amount of approximately $2.5 million. The Massachusetts School Building Authority has approved reimbursement of approximately` 80% of those repairs; the balance would be allocated based on enrollment. North Andover represents approximately 1.2% of the Districts total enrollment. 42 Article 25: Transfer Capital Stabilization. To see if the Town will vote to transfer $213,000 from available funds or free cash into the Capital Stabilization Fund, or take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Two-third (2/3) Vote EXPLANATION: This article seeks to move funds into the Town's capital savings account, called the Capital Stabilization Fund. This is a fund designed to accumulate amounts for future capital spending purposes. Communities may establish one or more stabilization funds for different purposes and may appropriate into them in any year an amount not to exceed ten percent of the prior year's tax levy. Any interest shall be added to and become a part of the funds. A two-thirds vote of town meeting is required to establish, amend the purpose of, or appropriate money from the stabilization fund. Article 26: Transfer to.Stabilization. To see:if.the Town will vote to transfer $625,000 from available funds or free cali�into the.Stabilization Fund, or to take any other action relative tliereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Req uirIed: Two-third (2/3) Vote EXPLANATION: This article seeks to move funds into the Town's savings account, called a Stabilization Fund. This is a`fund designed to accumulate amounts for future spending purposes, although it may be appropriated for any lawful purpose (MGL Ch. 40 §5B). Communities may;establish one or more stabilization funds for different purposes and may appropriate into them in any year an amount not to exceed ten percent of the prior year's tax levy. Any interest shall be added to and become a part of the funds. A two-thirds vote of town meeting is required to establish, amend the purpose of, or appropriate money from the stabilization fund. 43 Article 27: Transfer Overlay Surplus. To see if the Town will vote to transfer from the FY05 Overlay Account into the FY09 Overlay Account $86,412.48, pursuant to Massachusetts General Laws Chapter 59, Section 25, or to take any other action relative thereto. Board of Assessors Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority EXPLANATION: This article'seeks to transfer funds from one overlay iiiaccount (FY05) to cover a deficit in another overlay account (FY09). Overlay accounts are used to offset real estate and personal property abatements issued by the Board of Assessors. Article 28: Authorize the Acauisitioan sof the Rea's Pond Sewer Pump Station. To see if the Town will vote to authorize the Board ;of;Selectmen to`acduire by gift, purchase, or eminent domain the sewerage pump station and"contlguous,sewer liries,,manholes, conduits and other appurtenances necessary for the flowage�of sewerage and associated with the operation of the sewer system known as the Great Pond Road Pumpi4g`Station by Rea's Pond, including but not limited to all right, title andiAtefest in any easements associat6A,with said sewer system, and all right, title and interest=toy all and"every property interest, real or personal, in any manner associated with the sewer system, which are located in the areas shown as `Easementl" and "Easement 2" on plan:0f.land entitled,"Easement_plan, Reas Pond Pumping Station, Great Pond Road, North Andover, Massac usetts-- Wd,Mar6h,8, 2013, Scale 1" = 50', drawn by Merrill Associates, 1""c: Hanover,lV1A;'and to pay no��damages for said eminent domain taking, or to tape`"dny other action relative thereto. Town Manager Board of Selectmen Recommendation: Vote Required: Majority EXPLANATION: Article 29: Approve Special Legislation for Easement at Rea's Pond Sewer Pump Station. To see if the Town will vote to authorize the Board of Selectmen to file a petition to the Legislature to authorize, notwithstanding the provisions of Article 97 of the Constitution of the 44 Commonwealth of Massachusetts, or any general or special law to the contrary, the Conservation Commission of the Town of North Andover to grant to the Town of North Andover Board of Selectmen a permanent easement upon the land shown as "Easement 1" and "Easement 2" on Plan entitled "Easement Plan, Rea's Pond Pumping Station, Great Pond Road, North Andover, Massachusetts," dated March 8, 2013, Scale 1" = 50', drawn by Merrill Associates, Inc., Hanover, MA, which land is currently under the care, custody and control of the Conservation Commission, to be used for the use and replacement of the existing sewerage pump station and contiguous sewer lines, manholes, conduits and other appurtenances associated with the operation of the sewer system known as the Great Pond Road pumping station, or to take any other action relative thereto. Towri Manager Board of Selectmen Recommendation: Vote Required: Majority Article 30: Citizen's Petition — Proposed Zoning By=law.'to Allow the Keepinst of Backyard Hens. To see if the Town will vote toaliow the keeping bf<backyard chickens as permitted in the attached proposed zoning by-law, Which changes language in sections 4.121 and 4.122 — permitted agricultural uses for Residence 1;2, 3; and,4 Districts'. Annotations are provided in italics,,to explain"why each"restriction is being proposed, but not intended for inclusion in,ihe f nal by-law. For Residence 1 District,Residence 2 District,Residence 3 District: Replace 4.121.6(a) with the fo116wing language. On a'11riy lot of at least tIree (3) acres, the keeping of a total of not more than three (3) of any kind or assortment ofaiiirpals or birds, except chickens being kept,harbored, raised, .or maintained as accessory toga fesidential single family structure as defined in 4.121.6(e), in addition to the household pets of a family living on such lot, and for each additional acre ofJot size to five(5), the keeping of one additional animal or bird but not the keeping of animals,birds, or pets of persons not resident on such lot. [Modified toexclua'&,chickens from the current animal restrictions.] Add new language as 4�.f 21.6(e) A single-family residence may keep a maximum of six (6)hens. [This limitation is included to limit concerns about noise and smell. Six chickens will typically produce 4 eggs a day, enough for most families.] For lots of at least(3) acres, a single-family residence may keep a maximum of three (3) hens per acre of lot size. 45 [The existing by-law only allows one hen for each acre of lot size greater than three. This language expands the amount of hens allowed for lots sizes of three acres or more to be more in-line with what we are proposing for lots smaller than three acres.] No roosters shall be permitted. [Included due to concerns about noise. Roosters are far noisier than their female counterparts, and not needed for hens to lay eggs.] Such residence must maintain a minimum coop area of 4 square feet per hen. [This is an animal welfare provision, based on standard poultry;husbandry practices and recommendations from various humane groups.] The owner of the hens must live in the residence. [This helps to ensure hens are kept for personal use only; no btiatding or renting of coops.] Hens and coops are prohibited from the front yard of a residence,unless screened by a privacy fence of at least seven (7) feet in height. [Included to ensure that the overall character>',,of neighborhoods will not be negatively impacted by the presence of chicken coops visible. `the road.] No coop shall be located closer than forty(40) feet from any residential structure occupied by someone other than the hen owner, custodzan_or keepeir ,Jf the owner of the neighboring dwelling consents, however, a waiver,shall be granted for this condition. [The intent of this provision is to protect abutters frotn:noise and odor. The average noise level of a flock of chickens(` (3 dB) recorded at forty feet away is comparable to an average quiet yar<d(35 dB.)'For comparison, a dog bark is typically between 85-100 dB. In regards to odor, chicken litter that is kept:dry and properly composted should pose no problem.] The1W.is shall.,be secured in a coop from'sunset to sunrise and contained in a fenced area 6n the property when ou of the coop. _`[Included due toconcerns about predators attracted to unsecured chickens, and also the destruction of properly caused y�y free-range chickens allowed to roam onto adjacent lots.] This use:shall meet all current applicable State or Board of Health regulations regarding the raising of chickens. [Although somewhat unnecessary to include, this language should dispel concern that the keeping of hens poses a health risk. Currently, the Commonwealth of Massachusetts requires that all chickens bought or sold to residents must be certified salmonella-free (MGL Chapter 129, Sec 26B)J For Residence 4 District: Replace 4.122.6(b) with the same language that is proposed for 4.121.6(a), as written above. 46 Add new language as 4.122.6(e),the same as which is proposed for 4.121.6(e), as written above. Petition of Hillary J. Stasonis, et al Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third (2/3)Vote Article 31: Amend Zoning Bylaw—Section 6: Signs and Outdoor Lighting Regulations. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 6 Signs and Sign Lighting Regulations, Subsection 6.3 Definitions by defining an"Off-Premise Sign" and amending Subsection 6.5 to allow projecting signs and prohibiting Off-Premise Signs, or to take any other action relative thereto. Amend Section 6 by adding the underlined language and deleting the marked section to read as follows: y. SECTION 6 SIGNS AND SIGNUGHTING REGULATIONS 6.3 Definitions • A-Frame Sign/Sandwich Board: A portable,temporary sign or device capable of standing without support or attachments • Accessory Sign A�sign that�advertises activities, goods,products, or a specific use, owner, or tenant,'available within the building or on the property on which the sign is located, or advertises the property as a whole;or any part thereof for sale or rent. • Animated Sign:`Any sign that fuses novement or a change of lighting to depict action or create4', special effect or'seene. • wilding Frtritage The length in feet of a ground floor level of a building front or side 'facing a street (or{4aeing a right-of-way accessible from a street)that is occupied by an individual business. • Directional Sign -A,ion-accessory sign containing no advertising and giving direction to community (non-commercial) activities, buildings, areas, such as churches, schools, playgrounds, museums;,historical sites, public buildings, etc. Sign not to exceed 12"00". • Display Window Signs - Temporary signs on the surface of or inside display windows, lighted only_by�tho,general building illumination. • Erect- Shall mean and include to construct,place, relocate, enlarge, alter, attach, suspend, and post. • Flagpole -A pole erected on a roof, or projecting from a building or structure or on the ground. • Freestanding Sign - Shall mean and include any sign not attached to a building or the ground. • Ground Sign - Any sign erected on the ground which is self-supported and anchored to the ground. 47 • Illuminated Sign -Illuminated sign shall mean any sign illuminated by electricity or other artificial light including reflective or phosphorescent light and shall include location of source of illumination. • Marquee -Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. • Non-Accessory Sign -Any sign that is not an accessory sign. • Obscene- shall have the meaning as that term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows: • appeals to the prurient interest of the average person applyirigAhe contemporary standards of the county where the offense was committed; • depicts or describes sexual conduct in a potentially offensive way; and • lacks serious literary, artistic, or political or scientif c`,valui;,,.' • Off-Premise Sign -A sign that advertises products or services that are not sold,produced, manufactured or furnished on the property where the sign is located. An outdoor display is an off-premise sign. • Permanent Sign -Any sign permitted to be"erected and maintained for more,than sixty (60) days. • Primary Sign - The principal accessory sign which maybe a wall,roof, or ground sign, as allowed in Section 6.6. • Projecting Sign -Any sign which is'attached or suspended from a building or other structure and any part of which projects more than twelve<(12) inches from the wall surface of that portion of the building or structure;; • Roof Sign -Any sign erected, constructed, and maintained wholly upon, connected to, or over the roof or parapet of any building with the entire support on the roof or roof structure. • SecondarySgri-Is a wall,roof, or ground sign intended for the same use as a primary sign but smaller'dimensions'arid lettering, as;allowed in Section 6.6. • Sign -A sign is any_'structure;,mechanically;or electrically driven, still or moving device, light,letterfigure,word,model,banner,pennant, trade flag, or representation that is deigned to'be seen fromoutside the lot on which it is erected. It advertises activities, goods,places,persons, objects, institutions, organizations, associations,businesses or ` events,products, scry'ices, or'facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors,;but does not include window displays or merchandise. A sign may be permanent or temporary:,, • Sign Size(Area) ' (a). For a sign, either free-standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. (b). For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols. 48 • Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no longer than sixty(60) days unless otherwise specifically provided herein. • Wall Sign -Any sign affixed to, suspended from or painted on a wall, window, marquee, or parapet. 6.5 Prohibitions: • No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the sign. Internally lit signs are not allowed. • No illumination shall be permitted which casts glare onto any residential premises or onto any portion of a way so as to create a traffic hazard. • No sign shall be illuminated in any residential district between the hours of 12:00 midnight and 6:00 a.m. unless indicating time or temperature-;or an establishment open to Y the public during those hours. • No sign having red or green lights shall be erected within sight of a traffic signal unless approved as non-hazardous by the Chief of Police r • No animated, revolving, flashing, or exterior;hoon sign shall be permitted • No pennants, streamers, advertising flags,spinners or similar devices shall berpermitted, except as allowed by the board of Selectmen's s • Corner visibility shall not be obstructed. • No sign shall be erected, displayed,,or maintained upon any rock,tree, fence, or utility pole. • No sign shall be erected, displayed, or`mair4�ained if it contains any obscene matter. • Flags and insignia of any Governnmiit when displayed in nnection with commercial promotion. , • No sign shall obstruct any means of egress from a building. �yi v t • Non-accesso y�igns are prohibited except for directional signs as allowed in Section 6.6, B. ��z> • No signs shall be)attached to motor vdhicles;<trailers or other movable objects regularly or recurrentl �16cated for fixed dis la y�. P .Y • No'off-prem se. ig_ns Board of Selectmen Board of Selectmen Recommendation: Planning Board'Recommendation: Vote Required Tyro-'third (2/3)Vote Article 32• Amend Zoning Bylaw — Section 8• Supplementary Regulations, Subsection 8.5: Planned Residential Developments (PRD). To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8 — Supplementary Regulations, Subsection 8.5 —Planned Residential Developments (PRD), Paragraph 7.D — Dimensional Regulations Subdivisions, in order to specify an allowable height limitation of 35' and to change the bylaw as follows -Height Limitation: 3-0- 35' or 2.5 stories 49 or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third(2/3)Vote Article 33: Amend Zoning Bylaw — Section 8: SupplementAf-V Regulations by adding Subsection 8.11: Wind Facilities. To see if the Town will emote 46.amend the Town of North Andover Zoning Bylaw, by adding Section 8.11 Wind Facilities in order to allow time to make the appropriate amendments to the Zoning Bylaw to allow the"use of Wind Facilities, or to take any other action relative thereto. ,< y Amend Zoning Bylaw by adding a new Section 8 11<to;read as follows: 8.11.1 Purpose: Provide restrictions that will allow the Town'adequate time to consider whether to allow the construction and operation bf on=site and utility sae wind facilities and to provide standards for the placement, design, construction,moniton*ng,'Iho'dification and removal of wind facilities that address public safety, give coiisideration to lmpacts`ori�cenic, natural and historic resources of the town and provide adequate'fintancial`4ssurance for decommissioning,to the extent that such facilities are pen,m ed under 44te 1 ws and regulations, and if so, where and under what conditions This interim bylaw sha21 provide to the town the opportunity to study the potential impacts of A d facilities on`adjacent uses and on general public health, safety and welfare, and to develop zoning and other applicable regulations that appropriately address these considerations consistent with nd permitting procedures. 8.11.2 Definition-- This;interiffibylaw shall apply to all utility-scale, on-site wind facilities and smallwind energy syster is,proposedto be constructed after the expiration of this bylaw. This bylaw T shall also apply to ittilding integrated wind systems and physical modifications to existing wind facilities that materially'alter the`t`ype, configuration, location or size of such facilities or other equipment. 8.11.3 Interim Restriction,Wind Energy Facilities shall not be permitted is any zoning district in the Town of North Andover so long as this Section 8.11 is effective, as set forth in Section 8.11.4 below. Use variances shall be strictly prohibited. 8.11.4.Expiration: This section shall be effective for a period of(12)twelve months beginning June 1, 2013, or until such future time that the Town of North Andover enacts superseding zoning regulations that set forth the allowed locations, dimensional, parking and other requirements applicable to wind energy facilities. Board of Selectmen 50 Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third (2/3) Vote Article 34• Amend Zoning Bylaw — Section 8: Supplementary Regulations by adding Subsection 8.12: Medical Mariivana Treatment Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by adding Section 8.12 Medical Marijuana Treatment Center in order to allow time to make the appropriate,aainendments to the Zoning Bylaw to allow the use of Medical Marijuana Treatment Center, ` or to take any other action relative thereto. Amend Zoning Bylaw by adding anew Section 8.12 to rea"'as follows: t 8.12.1. Purpose: Provide restrictions that will allowtlieTown adequate time to'undertake a planning process to address the potential impacts`6f'M, edical Marijuana Treatment, cilities,to consider the Department of Public Health regulations regarding step Treatment Centers and related uses, to address the potential impacts of such Treatinerit Centers on the town of North Andover and to adopt new zoning regulations regarding m�digal Marijuana Treatment Facilities and related uses. 8.12.2. Definition: As Medical Marijuana Tieatment Cent r shall'mean can any medical marijuana treatments center as defined under state law as.a Massachusetts not-for-profit entity that acquires, cultivates,possesses,processes(including development of related products such as food,tincture, aerosols, oils or ointments),transfer,transports, sells, distributes dispense or administer marijuana, products'corltaining marijuana related supplies or educational materials to qualifying patients or their personal caregivers;which is properly,licensed and registered by the Massachusetts Departmeiit;of Public I e ltli j�iirsuant'to all applicable state laws and regulations. 8.13 2.-k clusion of other Marijuana Uses: Any establishments that acquires, cultivates, poss Wises,processes (mcliidng development of related products such as food, tincture, aerosols, oils or�Qihtments),transfer;transports;sells, distributes dispense or administer marijuana, products co ifairung marijuana delated supplies or educational materials to qualifying patients or their personalcaregivers shall)iot be permitted if such establishment has not been properly register and licensed in accordance with applicable state and local laws and regulations, or is not operated as a not fox,profifentity, or otherwise fails to meet the definition of a Medical Marijuana Treatment Center. 8.13.4. Interim Restriction: Medical Marijuana Treatment Centers shall not be permitted in any zoning district in the Town of North Andover so long as this Section 8.12 is effective, as set forth in Section 8.13.5 below. Use variances shall be strictly prohibited. 8.13.5. Expiration: This section shall be effective for a period of(12)twelve months beginning June 1, 2013, or until such future time that the Town of North Andover enacts superseding zoning regulations that set forth the allowed locations, dimensional,parking and other requirements applicable to medical marijuana uses. 51 Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third (2/3) Vote Article 35: Amend Zoning Bylaw — Section 18: Downtown Overlay District, Subsection 18.2: Permitted Uses. To see if the Town will vote to amend ther`Town of North Andover Zoning Bylaw, Section 18 —Downtown Overlay District, Subsection`18.2 Permitted Uses, or to take any other action relative thereto. Amend Section 18.2 by adding the following underlined language to read as follows: SECTION 18 DOWNTOWN OVERLAY"DISTRICT, 18.2 Permitted Uses The following uses shall be permitted by rightin the Downtown Overlay District: 1. General merchandise retail stores=and salesrooms 2. Specialty food stores, retail bakeriesand coffees� liops 3. Sporting goods stores 4. Craft,hobby, book,and nui§sic;stores 5. Art gallery 6. Hardware stores 7. Convenience store; 8. Drug stores;,pharmacies 9. ,Banks 10 Professional offices 11 <M dical or dental offices 12. Business services such as copying and mailing services 13. Travet agency 14. Municipal,;"civic or/public service buildings, such as post office, telephone exchanges, town offices;school;library, museum, or place of worship 15. Hall, club,theatex or other place of amusement or assembly 16. Food services establishments such as full or limited service restaurants and drinking establishments 17. Indoor amusements 18. Bed and breakfast facility or inn with six (6)rooms or less 19. Multi-family dwelling (24 or less units) 20. Mixed-use structures 21. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. 52 The following uses shall be permitted by special permit in the Downtown Overlay District: 1. Drive-thrus for any of the above allowed uses 2. Free-standing automated teller machine (ATM) 3. Day care center 4. Bed and breakfast facility or inn with more than six (6) rooms 5. Hotel or motel 6. Funeral homes 7. Any retail use listed above as an allowed use that exceeds a gross floor area of 25,000 sq. ti . ft. 8. Public garage 9. Multi-family dwelling (greater than 24 units) Board of Selectmen Board of Selectmen Recommendation: . Planning Board Recommendation: Vote Required: Two-third (2/3)Yate Article 35: Approve Zoning Map. To see,if the Town will vote'xo accept as the official Town of North Andover Zoning Map, the Map dated October 25;=2012, or to take any other action relative thereto. Planning Board ,1 Board of Selectmen Recommendation Planning Board Recommendation: i Vote Required: Two'- wo (bird (2/3)Vote 53 Herof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this 22"d day of April in the Year Two Thousand Thirteen. William F. Gordon, Chairman Rosemary Co"nnelly Smedile Donald B Stewart Richard M. Vaillancourt- Tracy M. Watson SELECTMENOFNORTH ANDOVER f And you are directed to serve thtrue and attested copies thereof in the Town Office Building and'one;public place'in each voting precinct in the Town, said copies to b6 posted not less than fourteen (14) days before the time of said meeting. Constable Date ATue Copy Attest—Joyce A. Bradshaw, Town Clerk OFFICER'S RETURN Pursuant to the foregoing warrant, I have warned and notified the inhabitants of the Town of North Andover who are qualified to vote in town affairs to be at the time and place for the purpose mentioned within by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town at least fourteen (14) days before the date of said meeting. Constable Date 54 z LO a j 4 i k a s Qf W May lOW 0 t f ;� � r+s a,F'a " ✓�L � - SHR �? y t rdd t t knot F y a a X IMMUNE F StR , t a ffia &Amu TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING TUESDAY, MAY 219 2013 7:OOPM NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET 56 Details on logistics and,-updated information will be posted on the Town's website, on the Nortli Andover,Cable'Channel, and in our local newspapers. Updates to the Finance Cominittee Repolrt will be posted on the Town of North Andover website at wwwwtownofnorthandover.com. If you need any special accommodations °for the meeting please call the Town Clerk's office at 978- 688-9502: Please participate in this very important meeting! 57 r f r c f � r :✓g as + -� �§� s ��'T *� t ��" r ��� =re��� '� � � _� "-sv ✓3n �,� {+�'� �,x,�'ria'� F „rSW° S "�.��ss."� t,�h'i�'zi"v��7✓'�-;�. a ��..� �` i Y� 4 i s i ffi i x�f F` sc a.< .. s a Th t x -�0�x 3 "`5�`w,�.. ~Ps s ; 4 { #na;�: ��J��`� 7• t ''' � Y � ;� 5 `� (��STir�r,*`S `��'��` ;�F �°' t �x,n}`� ',. x � s R s 3i t team. .'�„ e { r b � Y v t r = u g e '� ��.a� � � �',�� Q ��� ",�.`� - � �'� �� � #ate 5` �,.' •` �- - �� �$ ,��7�� a � � i r✓" �h� dt+ � '� t''a's r.�e' �� ���� �s!'a-�3-�a�'r ��t�,�,t^3}3�� '�.tt'� ;"+-� � s� � r�[�''�" �k �^ $� ''�' a i '�a�aFl�a�i ��Ar s i „'. as e aw �`-� � .� 9`i��nr.,Fps �r V ^t,r- ��,u3 zY;Y i�� r�" •: ����+��� " �.� �� t ,�`f���� � �* ... 7�.>¢it s,� T,r?. ����F��rc� � �� s .,r y ��+~,��i��r�`r ��� '*� �, �,r o ��� �; �,•+ ;u �its S � � �-;-'. } `At•, s° -:rr� 9 7 a J� 3��.� ,�4 d>..fib n,, 't*a� �r.,� �,�,�� �'�:"'.i� < ';t S����rl�✓i a:;i"�`„�' 4 -.a a � r�- ,�. � x- l��zry sem`r w .��F x�"`' ""�"'�`+`i�'s° ?, '� � � t ° a,~.r•<' '� r�� ! Y ''� ,t t t � tj7 � t'�nt i t v �+r���"•;xt' _� ''��' •3 vm n VV MI.RIM �, `t r � x 3� �s-`��✓, S� p � x o� a o! � ® e o r t � TOWN OF NORTH ANDOVER SNOW AND ICE EXPENSE REPORT Fiscal 2005-2013 CATEGORY 2005 2006 2007 2008 2009 2010 2011 2012 2013 ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL AVERAGE OVERTIME COSTS $ 152,156 $ 77,792 $ 94,342 $ 122,148 $ 161,134 $ 85,131 $ 115,500 $ 54,072 $ 147,981 $ 112,251 CONTRACTORS $ 846,820 $ 392,425 $ 294,741 $ 600,136 $ 740,516 $ 408,391 $ 602,038 $ 222,491 $ 766,981 $ 541,615 EXPENSES $ 404,298 $ 318,039 $ 238,758 $ 490,496 $ 562,980 $ 454,910 $ 429,650 $ 349,969 $ 445,971 $ 410,563 TOTAL COSTS $ 1,403,274 $ 788,256 $ 627,841 $ 1,212,780 $ 1,464,629 $ 948,432 $ 1,147,187 $ 626,532 $ 1,360,933 $ 1,064,429 BUDGET $ 559,442 $ 685,530 $ 685,530 $ 685,530 $ 685,530 $ 700,000 $ 740,086 $ 752,448 $ 752,448 $ 694,060 SURPLUS/(DEFICIT) $ (843,832) $ (102,726) $ 57,689 $ (527,250) $ (779,099) $ (248,432) $ (407,101) $ 125,916 $ (608,485) $ (370,369) Snow and Ice Cost Allocation Fiscal 2013 $136,093 $204,140 Roadways School Related Main Street Business District $1,020,700 New Business Public Comment Town Manager' s Report r ti TOWN OF NORTH ANDOVER, MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 Tel:978-683-3168 Office of Chief of Police Chief Pauli. Gallagher TO: Andrew Maylor,Town Manager FROM: Paul J. Gallagher, Chief of Police DATE: April 1,2013 RE: March 2013 Crime Statistics The month of March saw an increase in activity throughout town. Most notably was the dramatic increase in motor vehicle breaks. In looking into this figure,it should be noted that, most of these break occurred on two different nights in two different areas of town and occurred all at once. The law enforcement term for this is called a crime rash in which it appears one or two individuals broke into or attempted to break into targets in the same geographic area in a short amount of time. In response to this,the Police Department used social media to remind residents to lock their vehicle doors, do not leave car keys in the vehicle and secure their property.All the vehicles were unlocked.Messages were sent out alerting residents in the areas to check their belongings and report any stolen items. As residents went out to check on their own vehicles,many located property from their neighbors that was stolen and discarded such as GPS devices and other small electronics.It may be noted that that our midnight shift officers did arrest an individual for the theft of two cars and is linked to one night of the thefts. Other individuals are being investigated and our detectives have made a fingerprint match. Two major crashes occurred last month. Both involved juveniles and alcohol related.We have subsequently criminally charged the operators.. The first crash was a roll-over with five minors. Most fled the scene but from the blood around the vehicle officers felt there was serious injuries. Due to people not cooperating with the officer's,vital time was lost,in ascertaining who was in the vehicle and was medical assistance needed.The second crash involved a juvenile crashing into a utility pole. In both instances these accidents could have been fatal in nature. As a result of these crashes,the police department has been in contact with the schools and Youth Services to determine how to bring some education to the youth to understand the consequences of bad decision making. Some training last month involved the protocol for missing children and what steps to take in order to properly create an incident command post and deploy needed resources. Twice this month there were missing persons reported. The first was a distressed 15 year old that ran off from her home into the woods. The night was cold and the girl was not dressed for the elements. Furthermore,she was in an area known for the swamps and water. A keen North Andover officer spotted her and got her the help she needed. The other incident involved a female hiker who got lost inside Harold Parker State Forest. After calling 911for help with her low battery cell phone,officers coordinated a search with the State Police, North Andover Fire Department and area police K9's. Our dispatch center worked with the State Police 911 center to triangulate the cell phone location based on the cell tower hits on the last phone call to locate the hiker.The State Police helicopter was instrumental in this operation.After approximately 2 hours,the hiker was located uninjured. Once again,ongoing training on handling these critical events allows for a successful ending and shows the true professionalism of our officers. North Andover has its typical larceny reports where an officer is forced to chase a fleeing suspect on foot or by vehicle after an incident. This past month,one of our officers was in the right place at the right time to apprehend a suspect whom we are still investigating as possibly being associated with Organized Retail Tlneft rings. This suspect went to Staples and got into the back room. From there he reached into a gated area and stole two laptop computers. He was spotted by an employee and fled out the door. An officer,who was conducting selective enforcement in the area plazas,spotted the subject,and after a brief foot chase,apprehended the suspect. The suspect was charged with several felonies. During the first week of April,the Police Department will be assessed by the Massachusetts Police Accreditation Commission. This assessment is an intense three day process that involves a comprehensive,on site,review of the building,equipment,policies and procedures. Our Accreditation Team has been working tirelessly to ensure the police department is in compliance with accreditation. With the start of the spring season,the warmer weather often brings out more foot traffic and with it comes the mischievous behavior and a criminal element. Sports and recreation activities will be utilizing fields and facilities and the police department will be initiating patrols in the downtown areas and sports fields. The bicycle and ATV unit will once again be activated, Last year the Aplin playground was a popular spot and this type of patrol was successful. The CIP of our parking lot and outdoor lighting has been fully completed. The energy efficient parking lot lights should be cost effective. North Andover Police Crime Statistics _ Feb-13 Mar-131 Chane % Cha Criminal Acti 'v�ty nye ....._...... ._ Domestic Abuse 13 17 4.._... I 30.8% A&B, Assault 4 3 .1 -25.0% _ _.... Suspicious Activity 59 61 2 3.4% B&E 5 0 0.0� _.. _ B&E MV 3 j 29 ! 26 866.7% Larceny 35 43 8 22.9%n General Disturbance 18 32 14 77.8% Alarms Res& Comm 140 1 90 •5 -35.7% Aid to Public _ 51 53 2 3.9� 911 Hang Up/Abandon41 39 -2 4.9% 911 Hang Up/Abandon Aid to Public Alarms Res&Comm General Disturbance --- Larceny iME MV N February ME1January _..- -....._._. Suspicious Activity A&B,Assault Domestic Abuse ' 0 50 100 150 - _....-..__ _......._._—._ _. _......... Arrests/Summons Feb-13 Mar-13 Chane % Change Total Booked 60 81 21 35.0% ___.... _. ... _................. _.... – Arrests 19 35 16 94.2%Q OUI Arrests 4 4 0 0.0% Summonsed17 30 13 76.5% __......- ..-_.......__ _ —_. Warrant Arrests 9 4 - •55..6% ........ ........ PC 1 2 1 100.0% Calls for Service 2076 2401 325 15.7% North Andover Police Crime Statistics Arrests/Summons � I i PC I _ i Warrant Arrests Summonsed P.February OUTArrests ( January Arrests _ Total Booked ,, _—_._ _._._........_.... 0 20 40 60 80 100 —............... � —..........--..._ .. —......._.__ _.......... _..._,._. _.. .. . ......... rroactive Policing Feb-13 Mar-13 Chane % Change Motor vehicleStops 506 620 114 22.5%a _ ............. Motor vehicle Crashes 52 9 7 13.5% _.,_._�___.._._- .............. ......... Property Checks 658 763 105 16.0% Property Checks — I Motor vehicle Crashes a February — .1anuary Motor vehicle Stops ' 0 200 400 600 800 1000 North Andover Fire Department Incidents - Primary Type Only Printed: 4/2/2013 6:20 pm From Date:03/01/2013 to:03/31/2013 Jurisdiction:North Andover Primary Type Incidents z 'I ' False Alarms&False Calls 9.6% Fire 1.7% s } ❑Good Intent Calls 4.0% Hazardous Conditions(No Fire) 4.3% { Other Type of Incidents 1.3% � Overpressure,Ruptures,Explosion,Overheat(no ensuing fire) 0.7% ✓ 0 Rescue&Emergency Medical Service 71.8% r _ r ®Service Calls 6.6% r ,Y Total: 100.0% � r Y f Fire 2 Building fire 3 Cooking fire,confined to container 5 Sub-Total,Fire Overpressure,Ruptures,Explosion,Overheat(no ensuing fire) 1 Overpressure rupture of steam pipe or pipeline 1 Overpressure rupture of steam boiler 2 Sub-Total,Overpressure,Ruptures,Explosion,Overheat(no ensuing fire) Rescue&Emergency Medical Service 179 EMS call 17 Motor vehicle accident with injuries 1 Motor vehicle/pedestrian accident 15 Motor vehicle accident with no injuries 1 Search for person on land 1 Removal of victim(s)from stalled elevator 2 Rescue,emergency medical call(EMS)call,other 216 Sub-Total,Rescue&Emergency Medical Service Hazardous Conditions(No Fire) 5 Gas leak(natural gas or LPG) Page 1 of 3 XXFIncidentsbyPrimaryType 02/15/09 North Andover Fire Department Incidents - Primary Type Only Printed: 4/2/2013 6:20 pm From Date:03/01/2013 to:03/31/2013 Jurisdiction:North Andover 2 Carbon monoxide incident 2 Overheated motor 1 Power line down 3 Arcing,shorted electrical equipment 13 Sub-Total,Hazardous Conditions(No Fire) Service Calls 2 Lock-out 2 Water evacuation 1 Water or steam leak 2 Smoke or odor removal 10 Assist invalid 2 Cover assignment,standby,moveup 1 Service call,other 20 Sub-Total,Service Calls Good Intent Calls 3 Dispatched&canceled en route 1 No incident found on arrival at dispatch address 1 Smoke scare,odor of smoke 2 Steam,vapor,fog or dust thought to be smoke 2 Barbecue,tar kettle 2 Hazmat release investigation w/no hazmat 1 Good intent call,other 12 Sub-Total,Good Intent Calls False Alarms&False Calls 1 Local alarm system,malicious false alarm 1 Sprinkler activation due to malfunction 4 Smoke detector activation due to malfunction 3 Alarm system sounded due to malfunction 3 CO detector activation due to malfunction 4 Smoke detector activation,no fire-unintentional 3 Detector activation,no fire-unintentional 6 Alarm system sounded,no fire-unintentional 3 Carbon monoxide detector activation,no CO 1 False alarm or false call,other 29 Sub-Total,False Alarms&False Calls Other Type of Incidents 1 Error or Training Incident 1 Fire Exit Drill 2 Special type of incident,other 4 Sub-Total,Other Type of Incidents Page 2 of 3 XXFlnoidentsbyPrimaryType 02/15/09 North Andover Fire Department Incidents - Primary Type Only Printed: 4/2/2013 6:20 pm From Date:03/01/2013 to:03/31/2013 Jurisdiction:North Andover 301 Total Number of Incident Types Total Count of Unique Incident Numbers for this Period: 301 Grand Total Count of Unique Incident Numbers for this Period: 301 Page 3 of 3 XXFIncidentsbyPrimary-rype 02/15/09 HOME RULE PETITIONS(SPECIAL LEGISLATION) TOWN OF NORTH ANDOVER Bill Committee Action Taken H. 4316 NA Exempting Positions of Public Service Signed by the Governor, Laborer, Skilled Laborer, Mechanic and Chapter 404 of the Acts of 2012 Craftsman from the Civil Service Law H. 4308 NA Liquor License Consumer Signed by the Governor, Protection and Chapter 436 of the Acts of 2012 Professional Licensure H. 4314 Amending NA Charter Municipalities & Signed by the Governor, Regional Chapter 411 of the Acts of 2012 Government H. 3832 NA Selectmen Vacancies Election Laws Signed by the Governor, Chapter 443 of the Acts of 2012 H. 3835 Authorizing Appointment of Public Service Signed by the Governor, Amy McCarthy as a NA Police Officer, Chapter 300 of the Acts of 2012 Notwithstanding the Maximum Age Requirement H. 3665 Validating Actions Taken at NA Municipalities & Signed by the Governor, Annual Town Meeting Regional Chapter 102 of the Acts of 2012 Government H. 3592 NA Town Charter Municipalities & Signed by the Governor, Regional Chapter 412 of the Acts of 2012 Government H. 3593 Exempting Sean C. Lewis from Public Service Signed by the Governor, Maximum Age Requirement for Chapter 111 of the Acts of 2012 Appointment as a NA Firefighter HD. 3870 Exempting NA from the House Rules Referred to House Rules Provisions of the Prevailing Wage Law 7/18/11; no further action taken H. 3831 Recall of Elective Officers in NA Election Laws Signed by the Governor, Chapter 414 of the Acts of 2012 3/28/13 Hi Karen, Per your request, attached is an updated list of North Andover home rule petitions and their status. These home rule petitions are all from the 2011-2012 legislative session, which ended on January 1, 2013. There are currently no home rule petitions for North Andover pending before the Legislature for the 2013-2014 legislative session. The only home rule petition for North Andover that was not acted upon and signed into law during the previous legislative session was House Docket 3870, which sought to exempt North Andover from the provisions of the prevailing wage law. That home rule petition was sent to the House Rules Committee on July 18, 2011, but never advanced any further. If the town is still interested in pursuing this proposal, it would have to be re-filed with a new local vote. Also, now that Jennifer Mercadante has moved on to another office, the staff members to contact on the House side are Chris Cremens from Rep. DiZoglio's office (Christopher.Cremens@mahouse.gov) and Paul Gangi of Rep. Lyon's office (Paul.Gangi@mahouse.gov). For Senator Tarr's office, you can contact me or Hirak Shah, who is Senator Tarr's Deputy Legislative Director. I hope this information is helpful, but please feel free to call or e-mail me if you have any questions. -Mike Sincerely, Michael E. Smith Legislative Director Office of Senator Bruce E. Tarr Senate Minority Leader State House, Room 308 Boston, MA 02133 phone: (617) 722-1600 fax: (617) 722-1310 michael.smith@masenate.gov Fir:,i us on 91 Facb +