HomeMy WebLinkAbout2013-03-25 Board of Selectmen Agenda Packet 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,MARCH 25,2013 at 7:00 PM
TOWN HALL MEETING ROOM
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. March 11,2013, Open Session Minutes as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
A. Joint Senate/House Resolution for 25`h Anniversary of Joseph N. Hermann Youth Center—North Andover
Legislative Delegation(at 7:30 pm)
B. Community Choice Aggregation
V. CONSENT ITEMS
A. Youth&Recreation Services Spring Carnival,April 24-28,2013
B. Request to Dispose of Surplus Equipment—Health Department
C. Neurofibromatosis Northeast requests to use Town roads for bike ride fundraiser on Sept. 7,2013
D. Marc Cooperstein of the NABC Little League requests to hold a Little League Parade on May 4, 2013
E. Keith D'Entremont of Angel Flight NE requests"Ride for Angels Charity Cycling"event on Sept. 8, 2013
F. Approval of the NACAM Bylaws as Amended—Brian Fraser
G. Declaration of Protective Use Covenants Conditions and Restrictions for 1018 Osgood Street
H. Signing of Special State Primary Election Warrant, Tuesday, April 30,2013
VI. LICENSING COMMISSIONERS
A. Chris Kombouras of Heavenly Donuts, 50 Main Street,requests Common Victualler License&
Entertainment License
VII. PUBLIC HEARING
A. Pole Petition: National Grid&Verizon New England for Waverly Road
B. Pole Petition: National Grid&Verizon New England for Great Pond Road at Marbleridge Road
C. Pole Petition: National Grid &Verizon New England for Prescott Street at Mount Vernon Street
VIII. OLD BUSINESS
IX. NEW BUSINESS
A. Warrant for Annual Town Meeting
X. PUBLIC COMMENT
it
XI. TOWN MANAGER'S REPORT
A. Capital Project Status Report
B. Position/Vacancy Log
C. Organizational Changes
D. Spring Clean Up Debris and Yard Waste
XIL NEXT MEETING DATE—April 8,2013
i
XIII. ADJOURNMENT
BOARD OF SELECTMEN MINUTES MARCH 11, 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; Richard Vaillancourt, Clerk;
Rosemary Smedile, Licensing Chairman; Donald Stewart, Tracy M. Watson, and Andrew Maylor, Town
Manager and Ray Santilli, Assistant Town Manager.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Richard Vaillancourt made a MOTION, Donald Stewart, seconded by, to approve the Open Session
Minutes of February 25, 2013, as written. Vote approved 5-0.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to approve the Executive Session
Minutes of February 25, 2013. Vote approved 5-0.
COMMUNICATIONS ANNOUNCEMENTS AND PUBIC COMMENT:
Certificate of Appreciation to Paul Boulanger and Kathy Gallagher
The Board presented Paul Boulanger and Kathy Gallagher with a Certificate of Appreciation for
volunteering their time and equipment to assist the North Andover Fire Department clear snow from fire
hydrants after the Blizzard of 2013.
Recognition of"Cuddles Program" at Senior Center-
Elder Services Director Irene O'Brien introduced Alexa and Feliz Layne to speak about the Cuddles
Program. Alexa Layne a sophomore at North Andover High accompanied her father and volunteered at
the "Missions of Mercy Project" in Wise, Virginia. The Missions of Mercy is sponsored by the Virginia
Dental Association Foundation and occurs annually in the less fortunate parts of Virginia. It was Alexa's
idea to bring dolls made by the North Andover Senior Center to pass out to the children to comfort them
while having dental procedures. The program has grown over the last three years from a donation of 50
Cuddle Dolls to 150 Cuddle Dolls. Alexa wrote an article about her participation in the Missions of Mercy
Project and the Cuddles Program Dolls for the Virginia Dental Journal and her story was picked for the
cover story. She presented the Senior Center with a plaque for their donations of dolls over the last three
years.
Forest Management Plan
The Town Manager Andrew Maylor informed the Board that Conservation Administrator Jennifer Hughes
submitted a Forest Management Plan completed by Gary Gouldrup of New England Forestry
Consultants, Inc. There is a Public Hearing scheduled for Wednesday, March 20, 2013. In the near
future this information'will be presented to the Board.
Recognition of Representative David'Torrisi
The Board of Selectmen recognized Representative David Torrisi for his dedicated service for over 16
years to the Town of North Andover. He was presented a Resolution and a plaque.
CONSENT ITEMS:
Request from Friends of Patriots Memorial Park to install a stone marker
On behalf of the Friends of Patriot Memorial Park, Leslie Frazier came before the Board requesting
approval to install a granite stone marker at the park.
Donald Stewart made a MOTION, seconded by Rosemary Smedile that the North Andover Board of
Selectmen hereby votes to approve the request from the Friends of Patriot Memorial Park to install a
granite stone marker at the park. Vote approved 5-0.
Board of Selectmen Minutes March 11, 2013 2
Stevens Pond—Consultants Findings and Recommendations
DPW Director Bruce Thibodeau addressed the Board of the findings and recommendations by the
consultants who performed the studies on the Stevens Pond. An alum treatment early in the year before
the beach opens; season-long monitoring and sampling by the beach operations staff and ACT personnel
to determine early warning of potential algae blooms and to collect additional data to determine future
year needs; Potential treatment with copper algaecide; An assessment of Steven's Pond watershed;
Continue the control of plant life by methods such as week hydro raking.
Tracy Watson made a MOTION, seconded by Donald Stewart that the North Andover Board of Selectmen
hereby votes to adopt the recommendations of the DPW Director Bruce Thibodeau regarding Stevens
Pond. Vote approved 5-0.
Nancy Leland resident of Great Pond Road gave her opinion and concern for the sampling and cost of
outsourcing water testing. She suggested that the Town have the cell counts and toxin analysis done in-
house by employees at the Water Treatment Plant.
Request for Timothy P. Roberts "Reeling in a Dream" and "Rockin for Roberts" Fundraisers
The Timothy P. Roberts Advisory Committee is requesting permission to hold two events in North
Andover.
Rosemary Smedile made a MOTION, seconded by Tracy Watson that the North Andover Board of
Selectmen hereby votes to grant the Timothy Roberts Advisory Committee permission to hold two events;
"Reeling in a Dream" Fishing Derby on Saturday, June 1, 2013 from 6 a.m. to 4 p.m. on Lake
Cochichewick and "Tourney for Tim/Rockin for Roberts" at the Middle School fields on Saturday, August
10, 2013. Both permits are subject to applicable laws, bylaws, rules and regulations. Vote approved 5-0.
Appointment to Historical Commission—James F. Wefers
Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the North Andover Board of
Selectmen hereby votes to appoint James F. Wefers to the Historical Commission, for a term ending June
30, 2014. Vote approved 5-0.
Signing of March 26, 2013, Town Election Warrant
Tracy Watson made a MOTION, seconded by Donald Stewart that the North Andover Board of Selectmen
hereby approves the March 26, 2013, Town Election Warrant as prepared by Town Clerk Joyce
Bradshaw. Vote approved 5-0.
Middlesex and Waverly Road Intersection—Traffic Modifications
Lt. John Carney said that the Police Department supports the signage change at Middlesex Street and
Waverly Road to a four-way stop intersection. Also two new posted "No Parking" signs would impact two
residents at 206/208 and 212 Middlesex Street. These residents were sent letters about the proposed
changes
Residents Bob Radcliff of 206-208 Middlesex Street and Tim Loiselle of 212 Middlesex Street were
present at the meeting and had concerns about losing their parking spaces in front of their residence.
There was a lengthy discussion about the safety concerns for vehicles and children walking to and from
school at the intersection whether these changes would impact the home owners even if it was adverse.
Donald Stewart made a MOTION to install the four-way stop signage and review before the winter sets in
next year. There was no second.
Tracy Watson Amended the MOTION, seconded by Rosemary Smedile, to install stop signs on both
sides of Middlesex and extend this trial period until October 1, 2013 and for the Board to revisit this at that
time and to eliminate parking on the first house on the uphill side of Middlesex. Vote approved 5-0.
Winter Park Ban
Tracy Watson made a MOTION, seconded by Rosemary Smedile to eliminate the Parking Ban and to
give the Town Manager authority to enforce the Parking Ban in the event of another snow storm and use
the Reverse 911 Notification System to inform residents. Vote approved 5-0.
Board of Selectmen Minutes March 11, 2013 3
LICENSING COMMISSIONERS:
Tracy Watson made a MOTION, seconded by Donald Stewart, to open a meeting of the North Andover
Licensing Commission. Vote approved 5-0.
Kittredge School PTO requests One-Day All Alcohol License on March 22 2013
Elizabeth McDevitt, on behalf of the Kittredge Elementary School PTO requests a One-Day All Alcohol
License for the school's annual Spring Fling Fundraiser; "Silent and Live Auctions" and respectfully
requesting that the licensing fee be waived.
Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen acting as the
Licensing Commissioners, hereby grant a one-day all alcohol license per M.G.L. chap. 138 sec. 14 to the
Kittredge Elementary PTO for a Fundraiser on March 22, 2013, to be held at the Frick Dining Hall at
Brooks School, 1160 Great Pond Road from 7:00 p.m. to 11:00 p.m. and as this is a fundraiser to waive
the license fee. Vote approved 5-0.
Merrimack College requests One-Day Wine & Malt License on March 15, 2013
Jennifer Konopisos, on behalf of Merrimack College requests a One-Day Wine & Malt License for Hockey
Fan Fest" on the grounds of Merrimack College on March 15, 2013.
Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen acting as
the Licensing Commissioners, hereby grant a one-day wine and malt license per M.G.L. chap. 138 sec.
14 to Merrimack College "Hockey Fan Fest" to be held in the Hamel Basketball Court on the grounds of
Merrimack College on March 15, 2013 from 4:00 p.m. to 7:30 p.m.
Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS:
Town Manager's Recommended FY14 Budget
Andrew Maylor noted that there was a correction in the Budget Book on page 134.
Chairman Gordon asked a series of questions regarding the Town Manager's budget.
TOWN MANAGER'S REPORT:
Andrew Maylor said that the Finance Committee has been going through budget deliberations with the
Facilities Department, DPW, Water and Sewer Departments, moving onto Public Safety Departments,
then with Human Services and Community Development and wrapping up with the School Department.
At the Board's next meeting the Board will be presented with the first draft of the Town Warrant.
To date there have been 11 inquiries on the Bradstreet School Property and will probably be more next
week with bid proposals due on April 8, 2013,
The Finance Committee will have a Public Hearing on the Town Budget on April 4, 2013
Police Department Report
Police Chief Paul Gallagher provided an activity report for February 2013.
Fire Department Report
Fire Chief Andy Melnikas provided an activity report for February 2013.
ADJOURNMENT:
Tracy Watson made a MOTION, seconded by Richard Vaillancourt, to adjourn the meeting at 9:15 p.m.
Vote approved 5-0.
Adele J. Johnson
Administrative Secretary
Richard Vaillancourt, Clerk of the Board
i
Communications
And
Announcements
Johnson, Adele
From: Maylor, Andrew
Sent: Tuesday, March 19, 2013 4:08 PM
To: Johnson, Adele
Subject: Fwd: Community Choice Aggregation
Attachments: North Andover Aggregation_Presentation 3-6-13.pptx; ATT00001.htm
Backup up for a communication choice aggregation
Regards,
Andrew Maylor
Town Manager
------------------------
Sent from my Whone
Begin forwarded message:
From: "Bellavance, Curt" <cbellava a,townofnorthandover.com>
Date: March 19, 2013, 4:00:48 PM EDT
To: "Maylor, Andrew" <amaylor e,townofnorthandover.com>
Subject: FW: Community Choice Aggregation
Here it is....
-----Original Message-----
From: LSullivanglobalp.com [mailto:LSullivan(a Ig obalp.com]
Sent: Thursday, March 07, 2013 3:13 PM
To: Bellavance, Curt
Cc: selectmantracMatson a,verizon.net; Vaillancourt, Richard M
Subject: Community Choice Aggregation
Good afternoon all,
Thank you again for the opportunity to present to the North Andover Merchants Group our
proposal to implement a Community Choice Aggregation program for the Town of North
Andover(with the added objective of adding the other member towns of the Merrimack Valley
Planning Commission to be part of a larger aggregation of towns/cities).
Per our discussion, please find attached a copy of my power point proposal for a Community
Choice Aggregation program for your review.
I am looking forward to presenting it again at the March 25th Board of Selectmen meeting.
In the meantime,please let me know if you have any questions.
Regards,
Leo Sullivan
i
Leo D. Sullivan
Phone: 508 278-0083
Fax: 781 398-7258
(See attached file: North Andover Aggregation—Presentation 3-6-13.pptx)
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.see.state.ma.us/pre/-preidx,htm.
Please consider the environment before printing this email.
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Majority vote of Town Meeting to
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Once we had completed our research, we
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why the township should not create a
Government Energy Aggregation program.
We were confident the program would save
our residents money and professional costs
would be reimbursed. The process was
virtually seamless to implement and there is
little that the Authority have to do now that
the program is established.
*Ed Weirsky, Vice
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Section 134. (a
Any municipality or any group of municipalities acting
together within the Commonwealth is hereby
authorized to aggregate the electrical load of
interested electrici ty consumers within its boundaries.
A Town may initiate a process to authorize aggregation
by a majority vote of the Town Meeting.
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Two or more municipalities may as a group initiate a
p jointly rocess to authorize aggregation by a majority
vote of each ar articul municipality as herein required.
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customers have the ability to choose 'electric
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MA has given towns and cities the ability to
serve these customers
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TransCanada Paver Markat(ng Ltd,or any or Its atrdiatoa,sabIldiaries,padnorx or each of(hair mspwdrva III,&—oigcam,ornplayoaa,or repreaentahvas(hereinafter rofur(ad to collectively as'TranaGa redo"). Wtuie every muse bla effort
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tvgarding the accuracy,adequacy,. mplei ess legality,reliability,at usof 1 its.of any infoh'nalion,This dnela applies to both isobted. ad aggrag to use.of the lirforrtatgo TranaCan tl p ides th f f imag n n'As is'beat..
All Warta tid.of any kind,expos ar RnpHed,irtcbiding but Rol Rm(tad to vugrrantfes of metrhgmaGiLly and fit—for a pad(oular purlmxa era hereby exp ply disnkaimod.Infarmahan.may bo avertable b the author andlor Tren:cCnnadn that'is
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Partners LP - Fortune 50o°Public Company, with 75
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Global to Corp. Wholly owned subsidiary
offering customized electric power procurement &
management services. (Awarded over two hundred electric
power procurement RFP's over last 9 yrs.).
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Achieve the most competitive electric power costs for our
customers.
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Guidance in contract terms to meet specific needs, term
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identification of dramatic & volatile price swings
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customer base ability to receive the most
comprehensive and transparent pricing of electric
power.
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salvii 1&-%Igs to be P suit ba ck i 1&-%It,-% the 1 ,-%ca I ecO I I Y
9,943 (# North Andover HHs [CityData Website]
x 9,t5oo 1zWh (Avg. annual usage by residential utility customer [EIA])
94,458,5oo ResidentiallzWhs
40,482,m4 Est. lzWh Commercial/Industrial (est.30%o of total)
134,940,714 Total Est. kwhs
X $0.01 (Est. Jiff. Choice Aggregation vs. utility rate)
$1,349,407 Ann. Est. Savings on electric power by North Andover residents and
businesses to be put
back into local economy
$1,34.9,714 Potential Anna Savings on Electric Power
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Did you know that the Commonwealth of Massachusetts has v �
created the Community Choice Aggregation program?
What does this mean to you a resident or business owner? a
It means lower �K
electric
What is Aggregation:
Energy aggregation is the process in which energy is sold to
consumers who have joined together as a group (the residents
and businesses of North Andover*).
By buying large blocks of energy, aggregation groups can
reduce a supplier's marketing and administration costs, thus
giving the aggregated group greater buying power. The
reduced costs are then passed on to YOU, the North Andover
resident or business* as savings to your electric bill.
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North Andover Health Department
Community Development Division
MEMORANDUM
To: Curt Bellavance, Com. Dev. Director
From: Susan Sawyer, Health Dir.
Date: March 5, 2013
Re: Surplus equipment
Please find the following surplus equipment item listed below. This was used as a back up
battery to the Health Department's vaccine refrigerator. The batteries are both dead and cannot
be recharged. Replacement parts are unavailable and/or cost prohibitive. The unit has no useful
value. The possible value for salvage of precious metals is unknown. It is requested that this
equipment be moved from the nurse's office to the IT department, or other location, to be held
until its final disposition is determined.
Thank you
1) Matrix UPS 5000—(this is a discontinued item, no longer offered for sale)
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1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
NORTH ANDOVER YOUTH & RECREATION SERVICES
TO: Ray Santilli, Asst. T M nager
FROM: Rick Gorman
DATE: 3/18/13
RE:Annual Carnival
The Youth & Recreation Services respectfully requests that the North Andover Board of
Selectman approve the 20th ANNUAL CARNIVAL to be held April 24th thru April 28th 2013. The
Carnival will be held on the grounds of 1600 Osgood Street.The hours of operation are as
follows:
Wednesday, April 24th 5:00-9:00 PM
Thursday, April 25th 5:00-9:00 PM
Friday, April 26th 5:00-11:00 PM
Saturday,April 27th 12:00-11:00 PM
Sunday, April 28th 1:00-9:00 PM
We will work closely with all town departments to ensure a great event. We respectfully
request to also have permitting fees waived by the appropriate departments and commissions.
Thank you once again for your support of this annual event which supports our summer
programming. If you have any further questions please feel free to contact me at 978.682.9000.
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TOWN OF NORTH ANDOVER
Fire Departnnent
Fire Prevention Office
Centre! Fire Headquarters
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Telephone (978) 688-9.593
FAX (978)688-9594
Andrew Melnikas arnelrtikasa]'otivno \,o�th^,4
ndover.con
Fire Chief
Y
Lt Frederick NIcC arthv
Fire Pr•eventiori Officer h:McC'c 47-thj)@Iownof7orthandoi=er.corn
March 19, 2013
To: Adele Johnson
From: Andrew Melnikas, Fire Chief
Re: Youth and Recreation Carnival
The Fire Department has reviewed the request regarding the Youth and Recreation
Carnival . The owner of the company is aware that all propane over twenty lbs must be permitted
and that the Fire Prevention Officer will do a walk through with the Building Department
official(s)prior to the commencement of the Carnival.
Chief Andrew Melnikas
INTEROFFICE MEMORANDUM
DATE: March 19, 2013
�I
TO: Adele Johnson,Administrative Secretary
FROM: Bruce Thibodeau,Director of Public Works
CC:
RE: Annual Spring Carnival
The Division of Public Works has no objection to the request from Youth and.Recreation to hold the
Annual Spring Carnival at Osgood Landing between the dates of April 24, 2013 and April 28, 2013.
If they need any assistance from the DPW, please have them contact my office.
TOWN OF NORTH ANDOVER
POLICE DEPARTMENT
"Community Partnership"
To: Adele Johnson,Administrative Secretary
From: Lt. John Carney
Date: March 19, 2013
Re: Youth Services Carnival
The Police Department recommends favorable action on the request from Youth Services to hold their
annual carnival April 24t'—28th 2013 at 1600 Osgood Street. The Police Department will work closely
with the committee to provide police coverage and address any safety concerns.
�I
1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012
Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us
Neurofibromatosis, t 5 Committee
9 Bedford Street—Burlington,MA 01803
NF
Kate Duff&Dan McKee
781-272-9936—info @nfincne.org Co-Chairpersons
�a
HE C uR� www.nfincne.ora
�c op Michelle Donovan'.....a John Duff
gg Megan Duff
Jill Tozza Feeney
Peter Gentile
March 3, 2013 Tracy Kelley
Chanda McKee
Andrew W. Maylor i Kevin McKelvey
Town Manager
Alex Powers
Town Hall Elaine Powers
120 Main Street Melissa White
North Andover, MA 01 845
Dear Andrew,
On behalf of Neurofibromatosis Northeast, I am seeking permission to include North Andover on the
route for the third Annual Coast to the Cure bike ride to benefit Neurofibromatosis Northeast. Coast to
the Cure takes place on Saturday, September 7, 2013. The ride starts and finishes at Stage Fort Park in
Gloucester. The event consists of three prescribed routes (25, 62 and 100 miles)encompassing 18
communities: Beverly, Ipswich, Wenham,Hamilton,Essex,Manchester, Georgetown, Groveland,
North Andover,Boxford, Middleton, Topsfield, Rowley, Haverhill,Amesbury,Merrimac,Newbury
and Newburyport.
I can assure you that all participants will wear helmets,travel in an organized fashion on public roads,
never on private property, and will obey the rules of the road. The cyclists will leave Stage Fort Park
in staggered starts beginning at lam. We anticipate approximately 50 riders in total travelling in packs
of 3-6 people over a period of two hours through your community. The following streets in North
Andover are on the route: Salem,Foster, Winter and Dale(long route).
Proceeds from the event benefit Neurofibromatosis Northeast and support our mission of finding a cure
and treatment.for neurofibromatosis by promoting scientific research, creating awareness, and
supporting those who are affected by NF.
Please don't hesitate to contact me if you have questions. I can be reached at(781)272-9936 or
snathangnfinene.org.
Thanks so much for your consideration.
Sincerely,
Sonja Na an
Director of Special Events .
Neurofibromatosis, Northeast is a 501(c)(3)tax-exempt organization
An advocate for NF patients and families since 1988
INTEROFFICE MEMORANDUM
DATE: March 12,2013
TO: Adele Johnson,Administrative Assistant
FROM: Bruce Thibodeau,Director of Public Works
CC:
RE: Neurofibromatosis Northeast
The Division of Public Works has no objection to the request from Sonja Nathan of
Neurofibromatosis,Northeast, to hold their third annual bike ride through Salem, Foster,
Winter, and Dale Streets on Saturday, September 7, 2013.
F' rte! TOWN OF NORTH ANDOVER w
POLICE DEPARTMENT
r,
"Community Partnership"
To: Adele Johnson,Administrative Secretary
From: Lt. John Carney
Date: March 13, 2013
Re: Cycling Event—Neurofibromatosis,Northeast
The Police Department recommends favorable action on the request to use town roads on September
7, 2013 for a cycling event sponsored by Neurofibromatosis Northeast that passes through North
Andover. We have had no issues with this event in the past and they are not requesting any police
services.
I
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1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012
Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us
I
From: Marc Cooperstein [mailto:cooperstein 5t3advisors.com]
Sent: Monday, March 11, 2013 10:34 AM
To: Maylor, Andrew
Cc: Gray, Charles
Subject: NABCLL Parade 2013 Request
Mr. Maylor,
On behalf of the North Andover Booster Club Little League, I, Marc Cooperstein, respectfully request to be
placed on the agenda for the Selectmen's meeting on Monday, March 11, 2013, to request permission for a Little
League Parade. I understand that this is short notice; however, as you may be aware, I have been in the process
of revitalizing the Little League parade for some time now. This parade is one of the great baseball traditions in
many communities today. North Andover previously hosted a parade that marched from Grogan's field to the
Carl Thomas many years ago.
Because this parade is truly a community event which brings our youth, residents and business owners together
in a very positive way, I would like to expand the parade to include more than a few residential streets. This past
Saturday, Lt. Charles Gray of the North Andover Police Department and I canvased the downtown area,
specifically those businesses on the proposed parade route. We stopped and talked to many of the local owners
and proprietors on the route for a few hours. We soon found out that not only would they be happy to see a
parade of Little Leaguers on their street, but they also would appreciate the increase in business from the parade.
With over goo little leaguers currently enrolled, plus parents and siblings, a conservative estimate would be an
increase of about 1,500 people in the downtown area that morning.
e minimal
Please review our attached proposal which outlines the details of the parade and demonstrates speak t the selectmen
impact on local businesses through closing the roads to vehicular traffic. I would like to
to ask permission to have the parade. Due to time constraints,be in nd we can respectfully request the
and execute the parade speak
with them as soon as possible so that the planning can g
efficiently and successfully for May 4th
Thank you in advance for your consideration.
Sincerely,
Marc Cooperstein
Marc Cooperstein.Senior Vice President
d:781.966.2776 n.:617.799.9691
cooperstein t3advisors.com
www.t3advisors.com
Check out T31s Real Estate Thought LeLadershiR Blo
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i
N.A.B.C.L.L. Opening Day Parade
The North Andover Booster Club Little League (NABCLL)would like to petition to
bring back a long-standing tradition to our town. The ceremonial Opening Day
Parade kicks off many Little League baseball seasons throughout surrounding
communities. It is a wonderful way to inspire sportsmanship among our young
players and helps to build community in our town as the players proudly march
through our streets and feel the support of residents and local businesses alike.
In years past, North Andover hosted a similar parade stretching from Grogan's
playground to the Carl Thomas Field. We hope to expand the parade route to
increase exposure to the downtown area. We expect to have more than one thousand
(1,000)players and their parents participating in this event.Although the logistics in
organizing a parade of the size may cause some inconvenience, we anticipate the
parade will be well-received by local business owners as it will result in an increase in
foot traffic and generate extra business for local shop owners. The parade will
include youths from tee ball through the 16-18 year old players.
Below are the details of the proposed parade plan:
Date: Saturday, May 4, 2013
Time: Approximately 9:oo AM start
Anticipated length: 1-1 1/2 hours
Staging Area: First Street
(Participants will be encouraged to park at St. Michael's rear
lot as well as at the Carl Thomas playground to discourage
parking lot congestion at the First and Main Marketplace.)
Business Support:
• Star Pizza is the first business to open on First Street at
7:3o AM. The owner expressed no problem with
closing the street as long as foot traffic was still able to
enter.
• CVS indicated an interest in supporting the parade by
planning to have extra supplies on hand to sell, such as
water and food for the participants.
• Many other businesses within the Marketplace said
that they do not have a problem with the parade or the
route and welcomed the added exposure and foot
traffic.
• Businesses along the Main Street route between'First
Street and Waverley Road also had no problem with
the closure of the street for an hour or so. In fact, many
owners said that when there are parades, they do see
an increase in customers.
Safety: First Street will be closed at Main Street and Maple Ave. The
parade will be organized safely and efficiently on the street
with no motor vehicle traffic. Should residents or business
customers need to access the street, arrangements will be
made to open the roadway. Due to the large number of
elementary children, the road being shut down is a necessity.
Parade Route: Once the parade is arranged, the North Andover Police
Department will lead the parade onto Main Street and down
to Waverley Road as close to 9:oo AM as possible. From
Waverley Road, the parade will take a right turn onto Dana
Street and continue to the Carl Thomas Field where the
Opening Day Ceremonies will take place.Additional parking
areas will be 198 Mass Ave and on the street. Every effort will
be made to ensure legal on-street parking with little to no
interruption to residents or businesses. Local businesses will
be invited to partake in the festivities. They will be reminded
to obtain a temporary permit from the board of health and,
upon doing so, will have an area to set up a booth to sell their
products.
i
INTEROFFICE MEMORANDUM
DATE: March 12,2013
TO: Adele Johnson,Administrative Assistant
FROM: Bruce Thibodeau,Director of Public Works
CC:
RE: Little League Parade
The Division of Public Works has no problem with the request from the North Andover Booster
Little League to hold a parade which will start at First Street; be escorted by police down Main
Street and down to Waverley Road,then to Dana Street and continue to the Carl Thomas field.
This will all commence at 9:00am on Saturday,May 4, 2013.
If there is to be an area to sell food products, please advise them that they are responsible to get
rid of the trash and recycling in the area.
TOWN OF NORTH ANDOVER
Fire Department
Fire Prevention Office
Central Fire Headparters
124 MAIN STREET
NORTH ANDOVER, MASSACHUSE'T'TS 01845
Telephone(978) 588-9593
FAX (978)688-9594
Andrew Melnikcxs
Fire Chief aiyelt1ikctS(�4),7o vncfiVarthAndover.coin
.Lt Frederick McCartliv
Fire Prevention Officer 1{:McCcxrth ,@towragfrtorthctndorer.c:oin
March 13, 2013
To: Adele Johnson
From: Andrew Melnikas, Fire Chief
Re: North Andover Booster Club Little League Parade
The Fire Department has reviewed the request from the North Andover Booster Club Little
League to hold a parade on May 4, 2013. We do not anticipate any fire safety issues.
Chief Andrew Melnikas
r
TOWN OF NORTH ANDOVER
POLICE DEPARTMENT
"Community Partnership"
To: Adele Johnson, Administrative Secretary
From: Lt. John Carney
Date: March 19, 2013
Re: NABCLL Parade
The Police Department recommends favorable action on the request from the Booster Club to
temporarily close town roads and hold their parade on May 4,2013 as outlined in the request. We will
work directly with the group and make adjustments as necessary based on the conditions,the
availability of volunteer officers and officers from the shift.
1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012
Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us
INCIDENT BRIEFING (ICS 201)
1. Incident Name: 2. Incident Number: 3. Date/Time Initiated:
NABCLL Parade Date: 5/4/2013 Time: 0730
4. Map/Sketch (include sketch, showing the total area of operations, the incident site/area, impacted and threatened
areas, overflight results, trajectories, impacted shorelines, or other graphics depicting situational status and resource
assignment):
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5. Situation Summary and Health and Safety Briefing (for briefings or transfer of command): Recognize potential
incident Health and Safety Hazards and develop necessary measures(remove hazard, provide personal protective
equipment, warn people of the hazard)to protect responders from those hazards.
See Attached
I
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6. Prepared by: Name: Position/Title: Signature:
ICS 201, Page 1 Date/Time: Cate
Operation Plan: North Andover Booster Club Little League Parade
Operation Date: May 4, 2013
Operation Period: 0730-1130
Parade Organizer: Marc Cooperstein 617-799-9691
Parade Co-Organizer: Charles Gray 978-476-9954
NABCLL President: Kevin Breen
Safety Officer:
Staging Area Coordinator:
Carl Thomas Field Coordinator:
Parking Coordinator:
Incident Briefing:
This is the first time this parade is being organized at this location. We anticipate a learning curve as
we organize and arrange this event. The plan is to have player drop-offs at the First and Main parking
lot. Once the players are dropped off, we will encourage parents to park their vehicles at 198 Mass Ave
or the Thomson School as an overflow location. Lastly, on street parking along Dana Street and Beverly
Street according to current bylaws. The First Street Coordinator will then form the teams into the
parade according to the lineup (Instructional League first). Once the parade has been formed, the
NAPD will begin the parade as close to ogoo as possible. The parade will begin on Main Street,
travelling west and turning south onto Waverley Road. From Waverley Road, the parade will travel
approximately 1/4 mile turning west onto Dana Street. Once on Dana Street, the parade will continue
west until entering the Carl Thomas Field Complex. Upon entering the complex, the Carl Thomas Field
Coordinator will assign teams to their respective locations for the Opening Day Ceremony.
Situation Summary and Health and Safety Briefing:
The safety and well being of the parade participants is the highest priority. Every person in the parade
is a designated safety officer. Should anyone see or hear about a potential safety issue, they should be
directed to contact their Coach who will, in turn, make the necessary communication to the safety
officer. Every effort will be made to ensure the safety of not only the players, but the motor vehicle
traffic as well. In the event of an emergency while on the parade route, ca11911 and let dispatch know
your location, the age of the person suffering a medical emergency, and let the nearest Coach know so
that arrangements can be made to allow for a parent or ambulance to respond. If it is a child under the
age of 17 years, DO NOT LEAVE THEM. Attempt to contact the parents so consent can be given for
medical treatment. Responding EMS will need to speak to the parent of a child and will not release the
child until doing so. Utilize the numbers on the next page for medical emergencies:
Important Medical Information:
EMS Transportation:
Location Contact Number(s) Level of Service
NA Fire Dept. 124 Main Street 978-688-9590 BLS
NAPD Emergency Dispatch 1475 Osgood St. 911 or 978-683-3168 BLS
Hospitals:
Hospital Address Contact Number(s) Distance Trauma Burn Helipad
Name Center Center
Lawrence 1 General 978-683-4000 Less than 2
General Street, Miles Yes Yes Yes
Hospital Lawrence MA
Demobilization Plan
At the conclusion of the Opening Day ceremonies, all Coaches, Coordinators, and Organizers will
remain at the Carl Thomas Playground until all children have left the facility.
Johnson, Adele
From: Keith D'Entremont[Keith @AngelFlightne.org]
Sent: Tuesday, March 12, 2013 3:00 PM
To: Johnson, Adele
Subject: RE: Approval for Angel Flight NE
Adele J. Johnson
Administrative Secretary
Town of North Andover
120 Main Street
North Andover, MA 01845
Good afternoon Adele, I hope that you are well.
I am following up on our communications and sending the following letter, requesting approval from The Town of North
Andover for Angel Flight Northeast to host our annual Ride for Angels charity cycling event. Angel Flight Northeast is a
501 c 3 organization that provides free flights of healing and hope to individuals needing to travel to receive medical care.
Our office is located at the Lawrence Municipal Airport.
We are once again asking the Town of North Andover to grant permission for us to hold our annual Ride for Angels charity
cycling event. The date for our 2013 Ride for Angels is Sunday, September 8th; the Airport commission as given approval
for this date. The purpose of this event is to bring about awareness of Angel Flight Northeast and the services we provide
as well as to raise funds for our organization.We are anticipating up to 200 riders for this years ride.
Like last year, this year's ride will again offer riders with four routes to choose from, a 20, 40, 65 or 100 mile route. All
riders will begin and end their rides at the Lawrence Municipal Airport. Scheduled departure times are as follows 7:00 AM
— 100 mile ride leaves/ 8:30 AM—65 mile ride leaves/10:00 AM—40 mile ride leaves/ 11:00 AM—20 mile ride leaves. All
riders are expected to retune to the airport between 1:00 &2:30 that afternoon.
The North Andover byways/streets that will be traveled on as they leave the airport are Sutton Street; Rte 125 for a few
hundred yards and then great Pond Road. As they return in the afternoon, they will be traveling on Dale Street; South
Bradford; Pond Road: Stevens Road: Osgood Street; Rte 125 for a few hundred yards and then finally Sutton Street.
Upon returning to the airport riders will be treated to a BBQ luncheon. As it was last year, Catering & Cooking service will
again be provided by Corporate Cafe of Woburn MA.
Registration begins at 6:30 am and breakdown should be complete by 4:00 pm.
Thank you Adele, please let me know if you need any further information or if you have any questions regarding our Ride
for Angels. I look forward to your reply.
Sincerely,
Keith D'Entremont
Corporate Development/Community Outreach
Angel Flight NE
Office: 978-794-6868
Cell: 781-775-8455
www,angelfli htne.org
Join Angel Flight NE on Facebook:
www.facebook.com/angelflightnortheast
Providing Free Flights of Healing and Hope to those in need.
1
From: Johnson, Adele [mailto:ajohnson @townofnorthandover.com]
Sent: Monday, November 26, 2012 3:02 PM
To: Keith D'Entremont
Subject: RE: Approval for Angel Flight NE
Good Afternoon Keith,
You certainly are being more proactive. Usually a written request or an e-mail is due 3-6 months before the actual
event. You can do this in the spring or summer and still have plenty of time to organize your event and do some
advertising.
Basically we need to know what the event is for and when it will be held, start time and end time and what streets you
will be using just like you did this year. The Fire Dept, also likes to be informed if you are having a barbeque and using a
grill. If you need further assistance,just let me know. I will be looking for your request no sooner than April or May.
Thanks,
Adele J.Johnson
Administrative Secretary
Town of North Andover
120 Main Street
North Andover,MA 01845
Phone 978.688.9510
Fax 978.688.9556
Email alohnson @townofnorthandover.com
Web www.TownofNorthAndover.com
Y -
w„ y
S,
From: Keith D'Entremont [ma ilto:Keith @Angel Flightne.org]
Sent: Monday, November 26, 2012 12:26 PM
To: Johnson, Adele
Subject: FW: Approval for Angel Flight NE
Good day Adele, I hope that you are doing well.
I wanted to touch base to see if we can review what needs to be done for us to hold our Charity cycling event for 2013.
We have received approval from the airport commission to hold the event September 8th 2013, again at the Lawrence
Municipal Airport.
Last years ride was extremely successful and we hope to have another successful ride for 2013.
Last year we where a bit behind getting the approval we needed from the town. In an effort to be more proactive for our
2013 ride I am wondering if you can please let me know what information you need and what needs to be done.
Thank you Adele
2
Sincerely,
Keith D'Entremont
Corporate Development/Community Outreach
Angel Flight NE
Office: 978-794-6868
Cell: 781-775-8455
www.angelflightne.org
Join Angel Flight NE on Facebook:
www.facebook.com/an gelflightnortheast
Providing Free Flights of Healing and Hope to those in need,
I
From: Johnson, Adele [mailto:ajohnson @townofnorthandover.com]
Sent: Wednesday, August 29, 2012 10:25 AM
To: Keith D'Entremont; Keith D'Entremont; whiddenb @northandover.k12.ma.us
Subject: FW: Approval for Angel Flight NE
Good Morning Keith and Barbara,
Attached is the approval from the Town Manager for your Charity Event and recommendations from the Fire, Police and
DPW departments. If you have any questions, please contact any of the town departments
Regards,
Adele J.Johnson
Adminstrative Secretary
Town of North Andover
120 Main Street
North Andover,MA 01845
Phone 978.688.9510
Fax 978.688.9556
Email ajohnson @townofnorthandover.com
Web www.TownofNorthAndover.com
di
From: noreply @townofnorthandover.com [mailto:noreply @townofnorthandover.com]
Sent: Wednesday, August 29, 2012 10:15 AM
To: Johnson, Adele
Subject:
Please note the Massachusetts Secretary of State's office has determined that most ernails to and from municipal offices and officials are public records.For more
infonnation please refer to:http:/lwww.sec.st<ite,rTia.crs/pre./preidx.titrrr.
Please consider the environment before printing this ernail.
3
TOWN OF NORTH ANDOVER
Fire Departtn.ent
Fire Prevention Office
Central Fire Headquarters
124 MAIN STREET
NOR'T'H ANDOVER, MASSACHUSETTS 01845
Telephone(978) 688-9593
FAX (978) 688-9594
Andrew Melnikas
Fire Chief amelnikas a�Toimof TorthAndover.corn
Lt Frederick rYlcC arthy
Fire Prevention Officer l'.Mt:Ccarthj c%towrrofnvrthtrndvver.c:vrrr.
March 13, 2013
To: Adele Johnson
From: Andrew Melnikas, Fire Chief
Re: Angel Flight,NE
The Fire Department has reviewed the request from Angel Flight Northeast to host their annual
Ride for Angels charity cycling event on Sunday, September 8th, 2013. We do not have any fire
safety concerns.
Chief Andrew Melnikas
r
INTEROFFICE MEMORANDUM
DATE: March 13,2013
TO: Adele Johnson,Administrative Secretary
FROM: Bruce Thibodeau, Director of Public Works
CC:
RE: Ride for Angels bike ride
The Division of Public Works has no objection to the request from Keith D'Entremont of Angel Flight,
to hold the"Ride for Angels" on Sunday, September 8, 2013, starting at 7:00am and returning by
around 2:30pm.
If he needs any assistance from the DPW,please have him contact my office.
. .r TOWN OF NORTH ANDOVER
POLICE DEPARTMENT
r .
"Community Partnership"
To: Adele Johnson, Administrative Secretary
From: Lt. John Carney
Date: March 13,2013
Re: Cycling Event—Angel Flight Northeast
The Police Department recommends favorable action on the request to use town roads on September
8, 2013 for a cycling event sponsored by Angel Flight Northeast that starts and ends in North
Andover. We have had no issues with this event in the past. I have spoke to Keith D'Entremont and
the Police Department will assist cyclists exiting the airport at the four start times.
1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012
Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us
North Andover Community
Access & Media, Inc.
IL PO Box 125
NORTH ANDOVER North Andover, MA 01 B45
March 14, 2013
Andrew Maylor
120 Main Street
North Andover, MA 01845
Dear Sir,
I am sending you our proposed amended Bylaws for consideration by the Board
of Selectmen. As you recommended, I have included a short summary
explaining the reasons for the changes. Please let me know if the summary is
informative enough. I would be happy to add more detail if you think it is
necessary.
If it is appropriate, North Andover CAM's Board of Directors and I would be
willing to appear at a Selectmen's meeting to address this matter. If you could let
me know the proper procedure, I would be happy to make any arrangements.
Thank you for all your guidance in this process. Please let me know if there is
anything else that we need to do.
Sincerely,
Brian Fraser
Executive Director
North Andover CAM
IBM _ -
Ph: 978-687-6570 www.northandovercam.org Fax: 978-691 -5465
North Andover Community
Access & Media, Inc.
-, CA PO Box 125
NORTH ANDOVER North Andover, MA 01 845
March 14,2013
Summary of proposed changes to North Andover CAM's Bylaws.
North Andover CAM is submitting its amended bylaws to the Board of Selectmen for their
approval. It is a requirement in the bylaws to do so if any changes are to be made to the"
document. North Andover CAM started serving North Andover as a 501(c)(3) public access
station when it was incorporated in 2004. Since then,the business has grown steadily and
community involvement has increased to 200 plus members,including businesses,civic
organizations and residents.
As a result of our growing business,we have reviewed and updated our bylaws to support
our growth and activity in the community. A majority of these changes primarily deal with
operating procedures due to our growth;for example,defining memberships and annual
meeting procedures. The specific changes I bring to your attention relate to references of
the Open Meeting Law. The original bylaws had language that was confusing and in some
cases even appeared to be conflicting. One of the primary concerns of our Board of
Directors was if we were bound to comply with the requirements of the new Open Meeting
Law,the clerical requirements alone would make it cost and labor prohibitive to effectively
run North Andover CAM's operations. North Andover CAM and its Board of Directors found
it compelling to amend the language so the responsibilities and intentions of the
corporation as a 501(c)(3) organization would be clear.
I have worked with Mr. Maylor regarding these changes to ensure they would be consistent
with the town's interest in this matter. There were no changes to the bylaws that altered
our mission as they were originally adopted.
i
I would invite you to contact me with any questions you may have. North Andover CAM is
committed to serving North Andover's local television needs and we continue to look for
ways to positively impact the community. We thank you for your ongoing support and
partnership.
Brian Fraser
Executive Director
North Andover CAM
Board of Directors
Steve D'Onofrio-President
Jack Graham-Treasurer
Corey Masson-Secretary
Tom Ippolito
Randy Hart
George Dague-Cable Advisory Committee Chairman- (Advisory capacity)
un�ni in inmi i�in u�mm�nuni m union uo v�mi�innm :.._.
Ph: 978-687-6570 www.northandovercam.org Fax: 978-691 -5465
i
Bylaws of North Andover Community Access and Media,
Inc.
Adopted 2003/Revised 2013
Article 1
Name, Purposes, Powers and Related Matters
The name of North Andover Community Access and Media, Inc.
(hereinafter in these By-laws referred to as the
"Corporation") , the location of its principal office and its
purposes shall be as set forth in the Articles of Organization
and these By-laws, and the Corporation shall be exclusively
charitable, scientific, or educational within the meaning of
Section 501 (c) (3) of the Internal Revenue Code of 1986 (the
"Code") , as amended from time to time, and shall, as its
primary activity, provide non-commercial public and
educational cable access and related technology services to
the residents, schools, businesses and other institutions of
North Andover.
The powers of the Corporation and of its Directors, officers,
committees and members, and all matters concerning the conduct
and regulation of the affairs of the Corporation and the
manner in which and the officers and agents by whom its
purposes may be accomplished shall be governed by such
provisions in regard thereto, if any, as are set forth in the
Articles of Organization and these By-laws .
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All references in these By-laws to the Articles of f
Organization shall be construed to mean the Articles of
Organization as from time to time amended.
Article 2
The Members
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1 . Eligibility
All residents of the Town of North Andover and organizations
located in the Town are eligible for membership in the
Corporation. To be considered as a member, all individuals and
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organizations are required to complete a membership form and
submit any and all required fees with that membership request.
The application submission shall then be reviewed by the
Corporation' s Executive Director or his/her designee for
consistency with these Bylaws.
2 . Qualification for Voting Membership
Voting membership in the Corporation is open to individuals of
the age of majority residing in North Andover, and eligible
organizations located in North Andover, each of which shall
have one vote, and such organization' s vote may be cast by a
duly appointed representative of said member organization. To
vote, such residents and organizations located in North
Andover must:
a. Complete and return to the Corporation an Access
.Membership Enrollment Form;
b. Pay the prescribed membership dues, if any, by
category, as they may from time to time be established
by the Board of Directors; and
C. Maintain membership in the Corporation for at
least thirty (30) days prior to any meeting of members.
d. All eligible organizations are required to submit in
writing, a minimum of seven (7) days prior to the Annual
Meeting the name of its duly appointed representative who
will be casting a vote on its behalf.
2A All members entering the fifth grade and through the age
of 17 years are eligible to vote in an advisory capacity.
They shall be allowed to work individually and with other
members as fully and completely as voting members, and shall
be permitted to communicate ideas and suggestions relative to
the corporation. The results of an advisory vote of the
student membership on any matter which will be the subject of
a vote by the voting membership, shall be made known to all
voting members and the board of directors in advance of the
vote being taken. Student members shall be allowed to have
their own officers who shall report to the Board of Directors .
3 . Annual Meeting of Members
The Annual Meeting of Members shall be held in North
Andover during the month of April . The date, time and
location are to be determined by the Board of Directors .
The purpose of the Annual Meeting of Members is to elect
Directors, showcase the given year' s achievements and
conduct the transaction of other business .
4 . Special Meeting of Members and/or Directors
Special Meetings of Members and/or Directors shall be
called by the President upon request of the Board of
Directors . In order for' active members to request a
Special Meeting, a petition is required in writing to be
submitted to the Board of Directors, representing the
purpose of said meeting, including a proposed agenda. The
support of at least one-tenth of all active members shall
be submitted in order for the petition to be accepted.
5 . Notice of Meetings
A notice of every annual or special meeting of the
Corporation, stating the place, date, hour, purpose and
eligibility to participate in voting shall be given not
less than seven (7) nor more than thirty (30) days before
the date of the meeting to each member entitled to vote at
such meeting at his or her address as it appears upon the
records of the Corporation. The notification will be
communicated using email, plus at least one or more of
various methods, including but not limited to: a secondary
e-mail address provided by the member, a mailing, the
Corporation' s cablecast and/or other available means of
communications deemed to be appropriate by the Corporation.
6. Quorum of Members
a. ) Not less than five percent (50) of the existing voting
membership must be in attendance at a duly noticed meeting
to constitute a quorum. Voting at any such meeting shall
be in person, and there shall be no remote or proxy voting.
If a quorum fails to attend, a majority of those present
may adjourn the meeting from time to time, without notice
other than announcement at the meeting, until a quorum is
present in person. At such adjourned meeting at which a
quorum is present, any business may be transacted that
might have been transacted at the meeting as originally
notified.
b. ) In the event that there are fewer than 15 members of
the Corporation, the Board of Directors shall have the
power to vote on any matter which would otherwise be
reserved for the vote of a quorum of members .
7 . Procedure for Voting
Members shall be entitled to - vote on matters submitted to
the Members for approval at meetings of the Members,
including the election of future Boards of Directors; and
subject to the Board of Directors having the authority to
vote on all corporate matters . In the case of a conflict
between a vote of the Members and Directors, a vote of a
majority of the Directors shall prevail.
A Director may be a member if he or she otherwise meets the
criteria for membership.
8 . Members ' Dues
The Board of Directors may, from time to time, adopt a
schedule of annual dues . Dues shall be maintained at a
level reasonably intended to cover the direct costs of:
maintaining the membership rolls; providing for
participation by the Membership in the governance of the
Corporation; and communicating the Corporation' s activities
to the membership; including the use of printed materials
such as a newsletter or a program guide. The Board of
Directors shall make provision for the waiver of all or
part of the dues for reasons of hardship.
Article 3
Board of Directors
1 . Powers
The Board of Directors shall have and may exercise all of
the powers of the Corporation to the extent permitted by
the General Laws, the Articles of Organization and these
By-Laws.
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2 . Tenure and Qualifications
The Board of Directors shall have five (5) Directors . For
initial formation of the Corporation, the Board of
Directors shall consist of five (5) Directors who shall be
appointed as follows; three (3) initial directors shall be
appointed by the Board of Selectmen; one (1) initial
director shall be appointed by the Superintendent of
Schools and one (1) by the Cable Advisory Committee.
Directors shall ultimately serve three-year terms, however,
to implement staggered terms, of the foregoing initial
Directors, one of the Directors appointed by the Selectmen
shall serve a one-year initial term; one shall serve a two
year initial term; and one shall serve a three year initial
term. The School Superintendent initial appointee shall
serve a 3-year initial term. The Cable Advisory Committee
initial appointee shall serve a two-year initial term.
Subsequent terms for all of the foregoing Directors shall
be for three (3) years. Successor Directors shall be
appointed or elected following the expiration of initial
terms as follows . The Board of Selectmen will in its
discretion appoint one successor Director to the position
held by the Selectmen-appointed Director serving the three-
year initial term. The Superintendent of Schools will in
its discretion appoint a successor Director to the
Superintendent-appointed Director. Successors to the other
initial Directors shall be elected, in accordance with
these by-laws, by the Corporation' s membership. Each
Director shall hold office until his or her successor is
elected or appointed unless removed prior thereto in
accordance with law and these By-Laws . Any Director
appointed by the Board of Selectmen or by the
Superintendent of Schools may be removed without cause by
the Board of Selectmen or Superintendent, respectively, and
a replacement Director shall be appointed by said Board or
Superintendent for the unexpired balance of the removed
Director' s term. Elected successor Directors shall only be
removed in accordance with these by-laws .
3 . Nomination and Election Process of Directors
Successor Directors to be elected shall be selected in the
following manner: no later than thirty (30) days prior to
the annual meeting of the Corporation, a Nominating
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Committee of the Board of Directors shall notify the
members of the Corporation of upcoming elections. The
Nominating Committee shall be charged with the
responsibility of compiling a slate of candidates for
election to the Board.
In addition to the candidates selected by the Nominating
Committee, any member may become a candidate for election
to the Board of Directors by presenting the Nominating
Committee with a petition for special nomination signed by
at least one-tenth of the eligible voting members of the
Corporation no later than fourteen (14) days prior to the
date of the annual or special meeting at which the election
is to occur. Such candidates will be added to the
Nominating Committee Slate for positions, on the Board of
Directors. Signatures for purposes of this Section shall
be deemed valid unless challenged prior to or as of the
date of the election. Said elections shall be for the
three (3) successor Directors not appointed by the Board of
Selectmen and the Superintendent.
4. Removal of Directors, Vacancies
Any Director who fails to attend three (3) consecutive
meetings of the Board of Directors without reasonable
excuse may be removed from the Board of Directors by a
majority vote of those Directors present and voting at a
regular or special meeting of the Board of Directors at a
duly noticed meeting having a quorum of Directors present.
Elected Directors may also be removed for cause by a vote
of three fifths (3/5) of the full board as legally
constituted in these Bylaws at a duly noticed meeting
having a quorum of board members present. Any Director
proposed to be so removed shall be entitled to notice in
writing, mailed by both first class mail and certified mail
a minimum of fourteen (14) days prior to the scheduled
vote, which notice shall contain a statement of cause for
such proposed removal. The Director shall be entitled to be
heard by the Board of Directors at such meeting regarding
the proposed removal, if he/she provides the President and
the Clerk of the Board of Directors with written notice of
their intent to be so heard by the Board at least five (5)
days prior to scheduled meeting.
,Any vacancy on the Board of Directors shall be filled by
the Board of Directors until the next scheduled _ election,
except that appointed Directors shall be replaced by the
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I
entity which appoints that Director pursuant to Paragraph 2
above. Such a replacement Director shall serve until the
end of the unexpired term of the person whose absence
caused the vacancy to exist. Further to removal of
appointed Directors, see Art. 3, section 2 above.
5. Disqualification
No member of the Corporation' s staff or applicant for a
paid position with the Corporation shall serve as a member
of the Board of Directors . No immediate family member of
the Corporation' s staff shall serve as a member of the
Board of Directors nor shall any immediate family of a
member of the Board of Directors be an employee of the
Corporation.
6. Schedule of Meetings
The Board of Directors shall hold at least three (3)
regular directors meetings during each fiscal year of the
Corporation.
The Board of Directors may hold special directors meetings
whenever requested by the President or two fifths (2/5) or
more of the Directors .
The Clerk shall cause written notice of the regular and any
special directors meetings to be mailed or delivered to
each Director at least five (5) days before the date of the
meeting, unless all of the Directors attend or sign a
written waiver of notice .
7 . Meetings Open to the Public
It is not the intention of the corporation or its board
of directors to be subject in any way to the requirements
of the Massachusetts Open Meeting Law as set forth in
M.G.L. 30A, Section 18-25 including any, processes and
procedures set out therein. It is the desire of the board
to, when possible; strive to comply with the principles of
the Open Meeting Law. Notwithstanding the private,
charitable status of the corporation, meetings of the board
of directors and meetings of the members shall be open to
the public, unless the board of directors deems closed
session to be in the best interest of the corporation. The
posting of meeting notices on the corporation' s website and
on television programming shall be in conformity with the
time and content requirements of these by-laws, but if
there is no specific time requirement, then at least 48
hours in advance of the meeting, excluding Saturdays,
Sundays and legal holidays .
8 . Quorum of Directors
A majority of the Directors shall constitute a quorum for
the transaction of business. If a quorum shall not be
present at any meeting of the Board of Directors, the
Directors present may adjourn the meeting from time to
time, without notice other than announcement at the
meeting, until a quorum shall be present.
9. Action of the Board of Directors
The act of a majority of the Directors present at a meeting
at which a quorum is present shall be the act of the Board
of Directors, unless the act of a greater number is
required by law_, the Corporation' s Articles of Organization
or these By-Laws.
10 . Compensation of Directors
Directors shall not be compensated for their services as
Directors other than the reimbursement of reasonable and
necessary expenses incurred in the performance of such
services .
Article 4
Officers
1. Appointment
The Board of Directors of the Corporation shall appoint the
initial officers of the Corporation from among the
Directors of the Corporation.
2 . Officers/Appointment/Multiple Offices/Term
The officers of the Corporation shall consist of a
President, Secretary (also known as Clerk) , Treasurer, and
such other officers as the Board of Directors may deem
desirable. All officers shall be appointed by the Board of
Directors by majority vote of a quorum of the Board of
Directors . No person shall hold more than one office at
any one time. Each officer of the Corporation shall be
elected annually at the Board of Director' s meeting
following the annual meeting and shall hold office until
the meeting following the annual meeting of the
corporation, or special meeting held in place thereof, and
thereafter until his or her successor is chosen and
qualified.
3 . Removal
The Board of Directors may remove from office any officer
by a vote of three fifths (3/5) of the full board as
legally constituted in these Bylaws . Any Officer proposed
to be removed shall be entitled to at least ten (10) days
notice in writing with statement of cause by mail of the
meeting of the Board of Directors at which such removal is
to be voted upon and shall be entitled to appear before and
be heard by the Board of Directors at such meeting prior to
any such vote for removal taking place at that meeting or
thereafter.
4 . Vacancy
A vacancy in any office may be filled by vote of the Board
of Directors for the balance of the term. Officers shall
not be compensated for their services as Officers of the
Corporation. Removal from office shall not result in
removal from Directorship unless in accordance with rules
governing same.
5 . President
The President shall preside at all meetings of Members and
Directors . The President shall nominate the chairpersons
of all other committees and may serve as an ex officio
member of each such committee with voting powers as set by
each such committee.
6. Secretary
The Secretary (Clerk) shall issue notices of all meetings
of the Board of Directors, and shall send such official
notices as may be directed by the Board or required
pursuant to these By-Laws . The Secretary shall also be
responsible for all general correspondences of the Board
and in general performing all duties incident to the office
of the Secretary and such other duties as from time to time
may be assigned to him/her by the President or by the Board
of Directors. The Secretary shall take or be responsible
for the taking of minutes of all meetings of the Board of
Directors and meetings of the Members called in accordance
herewith.
7 . Treasurer
The Treasurer shall be responsible for the custody of the
corporate funds; keeping full and accurate accounts of
receipts and disbursements of the Corporation; depositing
all monies in the name of the Corporation in an
institutional interest bearing account, and in such
depositories as may be designated by the Board of
Directors; and shall furnish a quarterly or monthly
financial statement and an annual statement of all receipts
and disbursements of the Corporation to the Board of
Directors . If required by the Board of Directors, the
Treasurer shall give a bond, which bond shall be an expense
of and paid for by the Corporation.
Article Five
Committees
1. Standing Committees
The Standing Committees of the Board of Directors shall
include a Finance and Fundraising Committee and a
Nominating Committee, as described below, and may include,
as determined by the Board of Directors, the following
Committees as described below:
a. Finance and Fundraising b. Membership and Training
C. Nominating d. Education and Programming e.
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Community, School and Municipal Relations f. Facilities
and Equipment; and such other Committees as may be created
by the Board of Directors . The creation of the foregoing
Committees shall be at the discretion of the Board of
Directors and determined by majority vote of the Board.
All such standing committees may include one (1) or more
members of the corporation in the discretion of the board
of directors .
2 . Appointment and Duties of the Standing Committees
Committee chairpersons shall be nominated by the President
and elected by majority of the Board of Directors. The
members of each standing committee shall be nominated by
the President, after consultation with the chairpersons of
such committee. The Board of Directors shall elect members
so that committee composition shall reflect the diversity
of interests and neighborhoods in the Town of North
Andover. Committees shall develop relevant policy
recommendations for Board consideration. Chairpersons of
Committees are responsible for keeping minutes of their
meetings and furnishing reports as requested.
3 . Finance and Fundraising Committee
The Finance and Fundraising Committee shall review the
annual financial statements, approve annual reports; and
recommend to the Board the selection of, and fees to be
paid to accountants for the Corporation. It shall be the
responsibility of the Finance and Fundraising Committee to
report to the Board of Directors whether the Corporation is
meeting its projected budget; on the scope and adequacy of
the audits and related fees; and to continually monitor and
report to the Board of Directors on the effectiveness and
adequacy of the Corporation' s internal accounting controls .
The Finance and Fundraising Committee shall, with the
assistance of the executive director of the studio, develop
and recommend to the Board the annual budget, and shall
regularly monitor the Corporation' s expenses, and income.
The Finance and Fundraising Committee shall develop and
implement fundraising strategies for the Corporation. The
Committee shall recommend to the Board of Directors various
fundraising plans as needed, and upon the adoption of a
fundraising plan by the Board of Directors, the Committee
shall enlist Members of the Board of Directors, officers,
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Members and other volunteers to assist in the
implementation of specific projects . The Committee shall
meet regularly to monitor the Corporation's fundraising
status and to review grant proposals.
4. Membership and Training Committee
The Membership and Training Committee shall develop and
implement strategies for developing a broad-based
membership in the corporation which encourages and fosters
the development and production of access and community
programming. Subject to Board of Directors review, the
Committee shall handle all appeals regarding membership
status and any other grievances of the Members.
Except as necessary to comply with appropriate federal law
and regulations and to provide the community access time
described in the preceding paragraph, the Corporation's
regulations governing the availability of program time and
the Corporation's equipment and facilities shall provide
for non-discriminatory access and u,se; provided, however,
that the regulations may restrict use of equipment and
facilities to Members of the Corporation who are qualified
or certified to use them.
The Committee shall develop and implement policies for the
Corporation' s training activities, including outreach to
publicize the availability of training activities,
determining the subject matter of workshops and classes and
certification requirements.
5. Nominating Committee
The Nominating Committee shall select candidates for
election to fill vacancy (ies) of the elected Directors of
the Board of Directors. The Nominating Committee shall
be charged with soliciting the names of nominees for the
Board of Directors and with the preparation of a slate of
candidates to fill such vacancy (ies) as elsewhere herein
provided in Article Three, Paragraph 3.
6. Education and Programming Committee
The Education and Programming Committee shall be
responsible for ensuring that a wide variety of programming
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which addresses the interests and needs of residents is
available whether through the production or acquisition of
such alternative programming and shall be responsible for
promoting educational programming responsive to the needs
of the schools and community. The staff person hired by
the organization to serve as the executive director shall
work with the Education and Programming Committee and with
the Board of Directors and shall be responsible for
implementing activities designed to ensure reasonable
community coverage, including but not limited to coverage
of Board of Selectmen and School Committee meetings,
subject to oversight as herein provided in these by-laws .
The Education and Programming Committee shall review and
evaluate the allocation of channel capacity and other
programming capacity which the Corporation manages,
operates, or otherwise aids in scheduling; shall, subject
to the direction and approval of the Board of Directors,
coordinate the operation of such channel capacity with the
operator of the cable television system; shall annually
recommend to the Board of Directors revisions to the long
range plan of the Corporation; shall recommend to the Board
of Directors a procedure for the development and evaluation
of strategies to maximize the quantity and quality of
original programming produced or fostered by the
Corporation; recommend to the Board of Directors an
educational programming plan designed to provide
educational benefits to the community and schools;
recommend to the Board of Directors different plans for
educating members about the role of access television and
about the history of television, film and related media;
review and recommend to the Board of Directors proposals
for grant funding and monitor and report regularly all
programming and channel operation activities to the Board.
7 . Facilities and Equipment Committee
The Facilities and Equipment Committee shall evaluate the
use of the Corporation' s access and community programming
facilities and shall also be responsible for recommending
all capital expenditures. The Committee shall oversee
matters regarding real estate and leases.
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8 . Community, School and Municipal Relations
The Community, School and Municipal Relations Committee
shall explore and recommend to the Board of Directors ways
of integrating the Corporation into the community to serve
the diverse needs of all community, school and municipal
organizations, ethnic groups and other interests and shall
inform and generally educate all such diverse groups about
the Corporation and its services and facilities and
cultivate interest in and access to the Corporation.
9. Other Committees
The Board of Directors may, by majority vote, create such
other committees and delegate such responsibilities to
those committees as shall be considered desirable and
permissible from time to time.
Article 6
Miscellaneous Provisions
1 . Fiscal Year
Except as from time to time otherwise determined by the
Board of Directors, the fiscal year of the Corporation
shall be the twelve (12) months ending December 31 of any
given year.
2 . Annual Financial Review
The account books of the Corporation shall be reviewed
annually by an independent certified public accountant
retained by the Board of Directors, and the report of such
accountant shall be filed with the records of the
Corporation.
3 . Execution of Corporate Instruments
Mortgages, bonds, notes, checks, other evidences of
indebtedness and such other instruments as the Corporation
may issue in the conduct of its business shall carry the
signature of the President and such other officer or
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officers the Board of Directors may from time to time
determine by resolution. No loans shall be contracted on
behalf of the Corporation and no evidences of indebtedness
shall be issued in its name unless authorized by a
resolution of the Board of Directors. Such authority may
be general or confined to specific instances .
4 . Amendments
Any part or all of these Bylaws may be altered, amended or
repealed from time to time by a two-thirds vote of the
Board of Directors present at a duly constituted regular or
special meeting of the Board duly called for that purpose,
provided that notice of the substance of the proposed
alteration, amendment or repeal shall be stated in a notice
for such meeting mailed to the Board of Directors no less
than ten (10) days before such meeting. Any such changes
must be ratified by the membership at the next scheduled
annual meeting. Notice of such proposed changes must be
provided with the notice of annual meeting pursuant to
Section 5 of Article 2 herein. Any such amendment shall be
subject to prior approval of the Board of Selectmen in its
capacity as License Issuing Authority; provided however, if
following forty-five (45) days from receipt of written
notification of the proposed amendment and its text said
Issuing Authority takes no action, the amendment will be
deemed approved. Any amendment to the Articles of
Organization shall be subject to same requirements as
above.
5 . Conflict of Interest
No Director or officer of the Corporation may participate
in the evaluation, review and approval of any application
for a grant or any other matter in which he or she has a
direct or reasonably foreseeable personal interest.
All grants and other transactions shall be conducted at
arm's length and shall not violate the proscriptions in the
Articles of Organization, these By-laws, or any other
applicable prohibition against the Corporation' s use or
application of its funds for private benefit. No such loan
or transaction shall be entered into if it would result in
denial of or loss of tax-exempt status under Section
501 (c) (3) or other applicable sections, if any, of the
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Internal Revenue Code and its regulations as they now exist
or as they may be hereafter amended.
6. Seal
The Board of Directors shall approve and adopt a corporate
seal which shall have inscribed thereon the name of the
Corporation and the state of incorporation and the words
"Corporate Seal. " The seal shall be stamped or affixed to
such documents as may be prescribed by law or custom or by
the Board of Directors .
7 . Non-Discrimination
Selection of the Board of Directors, officers of the
Corporation, Members, volunteers and staff shall not be
based on race, color, religion, age, national origin,
disability or sexual preference.
8 . Agreements with other Municipalities and Access
Entities
The Corporation may enter into agreements with other
municipalities, access corporations or cable television
licensees to provide cable television access services and
to share resources, including but not limited to
facilities, equipment and staff and other resources, and
enter into other agreements to carry out activities
consistent with the purposes of the Corporation. Such
agreements should provide necessary resources to the
Corporation to serve , the particular municipality in
question. In the event that such agreements involve
occasional transactional cooperation and collaboration
including but not limited to sharing of occasional programs
or occasional technical assistance, equipment and resource
exchange, such agreements shall not require the prior
approval of the Board of Directors or Board of Selectmen,
however, at least the approval of the executive staff
person (studio director) shall be required. In the event
that such inter-entity agreements, including any such
agreement with another municipality, involve a formal joint
venture, formal partnership or contractual relation
resulting in a change in or material impact on the intended
mission, audience or membership of the Corporation or
otherwise resulting in other municipalities or other studio
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or programming entities having regular benefit or use of
assets or resources of the Corporation, such agreements
must be approved, as a contractual matter, by the Board of
Directors and the Board of Selectmen.
9. Personnel Policies
The Board of Directors shall be charged with developing the
Corporation' s personnel policies, job descriptions and
advertisements, reviewing and evaluating staff salaries and
benefits and the performance of the Executive Director and
shall be responsible for related personnel matters and
grievances and coordinating the hiring of the Executive
Director. Notwithstanding the foregoing, the Board may at
any time create a Personnel Committee pursuant to Section 9
of Article 5 .
10 . Annual Report
The Corporation shall prepare an Annual Report of
operations and budget and copies of same shall be available
to the public. Upon written request of the Board of
Selectmen or its designee, the Corporation shall provide
the Board of Selectmen, for advisory purposes only,
opportunity to review and discuss the Corporation' s budget.
The Corporation shall participate in hearings to be
conducted by the Board of Selectmen or its designee to
discuss for advisory purposes the Corporation' s operations .
Article 7
Indemnification
To the fullest extent permitted by Chapter 180, Section 3
of the Massachusetts General Laws as it exists or may be
amended each Officer, and the Directors of the Corporation
shall be indemnified by the Corporation against any and all
claims and liabilities to which he/she becomes subject by
reason of his/her being or having been an Officer or
Director, whether or not he/she continues to be an Officer
or Director at the time of the adjudication of such claim
or liability. The Corporation shall also indemnify such
Officer or Director for any and all legal and other
l7
expenses reasonably incurred by him/her in connection with
any actual or threatened action, suit or proceeding to
which he/she may be made a party by reason of his/her being
or having been such an Officer or Director, whether or not
he/she continues to be an Officer or Director at the time
of incurring such expenses. No Officer or Director shall
be indemnified against any action, claim suit or proceeding
in which he/she shall be finally adjudged liable by reason
of his/her own gross negligence or willful misconduct; and
no such Officer or Director shall be indemnified against
the cost of any compromise or settlement of any such
alleged claim or liability, unless said compromise or
settlement shall be approved in advance by the Board of
Directors .
I
�I
I
DECLARATION OF PROTECTIVE USE COVENANTS,
CONDITIONS AND RESTRICTIONS
This Declaration of Protective Use Covenants, Conditions and Restrictions is made as of .
this 7th day of June, 2012, by Cafua Realty Trust LX,LLC of 751 Main Street, Suite B,PO
Box N Sanford,Maine 04073],their successors and assigns (herein collectively referred to as the
"Declarant"),
WITNESSETH:
WHEREAS,Declarant is the current owner of real property, consisting of ONE parcel of
land collectively consisting of approximately .66 acres of land,known and numbered as 1018
Osgood Street, being shown respectively, on a plan entitled"PLAN OF LAND in North
Andover,Mass" owned by Cafua Realty Trust LX, LLC dated February 7, 2012, Scale 1"=20'
prepared by MHF Design Consultants,Inc, and whereby Parcel (10 18 Osgood Street is
identified in a Deed to Cafua Realty Trust LX,LLC recorded with the Essex North District
Registry of Deeds in Book 12798, Page 2635 (hereinafter referred to as the"Property;" and,
WHEREAS, the Declarant's Property was the subject of Warrant Article [ ] of the
2012 Annual Town Meeting for the Town of North Andover where said Article requests
approval for the rezoning of the Property from Industrial 2 (1-2)to Business 2 (B-2); and,
WHEREAS,the Declarant has agreed to prohibit certain uses outlined under the list of
uses permitted within the Business 2 Zoning District as outlined under Section 4.127 of the
Town of North Andover Zoning Bylaws;
NOW,THEREFORE,for good and valuable consideration, receipt of which is hereby
acknowledged, and for the mutual promises and covenants contained herein, the Declarant
declares that the Property is and shall be held,transferred,leased, encumbered, conveyed,
improved and occupied subject to the covenants and restrictions,hereinafter set forth below:
1. Land Subject to This Declaration. The real property which is, and shall be, held,transferred,
sold, conveyed and occupied subject to this Declaration is the.Property as defined above.
2. Use Restrictions. Notwithstanding the uses permitted within the Business 2 Zoning District
as outlined under Section 4.127 of the Town of North Andover Zoning Bylaws,the Declarant
agrees the Property shall not be used for the following purposes:
a. Automobile service station; and,
b. Taxi depot.
C. Public Parking Garage.
Subject to the use limitations above,the Declarant shall be permitted to use the Property
for all other uses permitted by law, including but not limited to, other uses permitted under the
Town of North Andover Zoning Bylaws, as amended.
3. Architectural Features: Any structure to be built under the conditions of a Site Plan Review
Special Permit, as specified in the North Andover Zoning Bylaw, Section 8.3, shall conform
to the maximum extent possible to "New England"style architecture.
4. Enforcement. It is expressly understood and agreed that this Declaration of Protective Use
Covenants, Conditions and Restrictions shall attach to and run with the land and run for the
benefit of the Town of North Andover. Enforcement of this Declaration shall be by a
proceeding at law and/or in equity by the Town of North Andover, acting by and through its
Planning Board, against any person or persons violating or threatening to violate any
covenant either to restrain the violation and/or recover damages suffered by them for any
violation thereof. The Declarant, or the Town of North Andover and their successors and
assigns,shall have the full right to enforce this Declaration of Protective Use Covenants,
Conditions and Restrictions both in law and at equity, and to recover damages.
5. Severability. Each and every one of the covenants,conditions and restrictions contained
herein shall be considered to be an independent and separate covenant and agreement, and in
the event that any one or more of the covenants, conditions and restrictions shall, for any
reason,be held to be invalid or unenforceable by a court of law,then all remaining
covenants, conditions and restrictions shall nevertheless remain in full force and effect.
6. Duration. All of the foregoing covenants and restrictions shall continue and remain in full
force and effect at all times against the owner(s)of any lot(s)in such Property,regardless of
how such title was acquired, in perpetuity, unless applicable law provides that such
covenants and restrictions cannot continue and remain in full force and effect in perpetuity,
in which case they shall continue and remain in full force and effect for a period of thirty (30)
years from the date of recording hereof, after which time said Declaration shall automatically
be extended for successive ten(10)year periods, by an instrument which shall be recorded
with the Essex North District Registry of Deeds by the owner(s) of the Property or which
may be recorded by the Town of North Andover,within the time prescribed by M.G,L, G.
184, s. 27.
7. Non-Waiver. The failure or delay of the Town of North Andover or Declarant to enforce the
restrictions, covenants or other provisions herein shall not be deemed a waiver of the right to
do so thereafter as to the same breach or to one occurring prior or subsequent.
8. Amendment and Termination, The provisions in this Declaration may be amended,
modified, and/or terminated by vote of the record title holder of the property, and with the
assent of the Town of North Andover Planning Board,but such amendment,modification
and/or termination shall not be effective until such time as it is reduced to writing, signed by
the Property owner(s) of record, and recorded with the Essex North District Registry of
Deeds.
9. Successors Bound. All of the covenants, conditions and restrictions described herein shall
run with the land, and the grantees of the Property, by accepting the deed thereto, accept the
same subject to such covenants, conditions and restrictions, and agrees for themselves, their
heirs, administrators, successors and assigns to be bound by each such covenant, condition
and restriction jointly,separately and severally.
10• Extent of Covenants Conditions and Restrictions. The covenants, conditions and restrictions
created pursuant to this Declaration: (a) shall be subject to restrictions presently of record, if
any; and, (b) shall only be effective after: (i)the North Andover Town Meeting adopts the
Zoning Bylaw Amendment in the form set forth in the published 2012 Annual Town
Warrant, (ii)all subsequent actions shall have been completed that are necessary to cause
such Zoning Bylaw Amendment to be incorporated into the Zoning Bylaw(such as approval
by the Attorney General); (iii)to the extent that any referenda challenging the Town
Meeting's adoption of the Zoning Bylaw Amendment or any other appeal of the Town
Meeting's adoption of the Zoning Bylaw Amendment has occurred, such referendum or
appeal [a] has been fully adjudicated by a court having jurisdiction over such a matter(which
court upholds the Town Meeting's adoption of the Zoning Bylaw Amendment)the decision
of which is not subject to appeal or from which no appeal is taken within the relevant period;
[b] such referendum or appeal is dismissed with prejudice, or [c] the appeal is settled by the
parties thereto with the Zoning Bylaw Amendment remaining in force and effect without any
modification thereto (collectively, "Final Zoning Bylaw Approval"),
IN WITNESS WHEREOF,Declarant has caused this Declaration to be executed under
seal by Cafua Realty Trust, LX,LLC,this 7t"of June,2012,
Cafua Realty Trust LX,LLC,by:
Ferna Cafua, Its Manager
COMMONWEALTH OF MASSACHUSETTS
ESSEX COUNTY
On this 7"' of June, 2012, before me, the undersigned notary public, personally appeared
Fernando Cafua, as Manager of Cafua Realty Trust LX, LLC p ved to me through satisfactory
evidence of identification, which was a ❑ driver's license,,;' personally known to me; or ❑
personally known to P party witness personally known to( e, to be the persons whose names
are signed on the preceding or attached document, and acknowl ed to me that he signed it
voluntarily for its stated purpose.
Notarf Public
My Commission E pt'
N
z
�y Pula�,1G.�,�
ACCEPTANCE BY TOWN OF NORTH ANDOVER
The undersigned Board of Selectmen of the Town of North Andover hereby accept the
foregoing Declaration of Protective Use Covenants, Conditions and Restrictions on behalf of the
Town.
Selectman Selectman
Selectman Selectman
Selectman
Commonwealth of Massachusetts
Essex, ss. ,2012
On this day of 2012, before me, the undersigned notary public,
personally appeared the above-name Board of Selectmen proved to me through satisfactory
evidence of identification, which was known to me to be the person whose name is signed on the
preceding document in my presence and acknowledged to me that they signed it voluntarily for
its stated purpose, as Selectmen of the Town of Andover.
Notary Public
My Commission Expires:
I
I
Maylor, Andrew
From: Tymon, Judy
Sent: Tuesday, September 25, 2012 2:03 PM
To: Maylor, Andrew
Cc: Bellavance, Curt
Subject: Covenant for 1018 Osgood St.
Attachments: 1018 Osgood St Signed Covenant.pdf
Andrew,
One of the re-zoning items that passed at ATM 12 was the re-zoning of a parcel on Osgood St.from Industrial to
Business 2, so that the parcel owner could develop a new Dunkin Donuts shop. The Planning Board supported the re-
zoning because it is consistent with other commercial uses in the area.
The parcel owner signed a `covenant' (attached)which restrict the uses that can be developed on the parcel. The uses
that cannot be developed are automobile service station, taxi depot and public parking garage. These uses are allowed
in Business 2 and the parcel owner has no intention of developing any of these uses. The Planning Board has done this
before for other re-zoning warrant articles. They look at the list of allowed uses for that zone and ask the applicant to
sign a covenant to exclude certain uses that would not be desirable for that location. One of the more recent covenants
was for the CVS on 114. That covenant was signed in 2003.
i
The attached covenant was not reviewed by town counsel because I did not have the time (the Planning Board wanted
to have it signed before the town meeting vote took place) and I know we are trying to cut back on. I followed the form
for the CVS covenant. It does need to be signed by the BOS. I am bringing this to your attention because the applicant
will be coming to the Planning Board for a Special Permit in November. Let me know if you have any questions.
Judy
Judith M. Tymon
Town Planner
Town of North Andover
120 Main Street
North Andover,MA 01845
Phone 978.688.9535
Fax 978.688.9542
Email itymon @townofnorthandover.com
Web www,TownofNorthAndover.com
pheas,e note+lie Mas.achhusetts`3ecrelaz y of States office has deter.iried that most to and from rnunicEipai offices and off c.ia s are public reconds.F,,r
rfcrrrYt<:rtior3 Pk""allsre refer to:http://www.sec.state.ma.us/pre/preidx.htm.
fl e ase considea ttie envuonrnent i)efofe ohnting this errrail.
1 III
2tHE C09119WOMVEALTYOT 9tASSAMVSEq S
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
SS. ESSEX
To either of the Constables of the Town of North Andover
GREETING:
In the name of the Commonwealth,you are hereby required to notify and warn the
inhabitants of North Andover who are qualified to vote in the Special State Election to vote
at:
PRECINCTS ONE TO EIGHT(1,2,3,4,5,6,7,8)
NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET NORTH ANDOVER
ON TUESDAY,THE THIRTIETH OF APRIL 2013, FROM
7:00 AM to 8:00 PM FOR THE FOLLOWING PURPOSE:
To cast their votes in the Special State Primaries for the candidates of political parties for the
following purpose:
SENATOR IN CONGRESS FOR THE COMMONWEALTH
Hereof 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 25th day of March,2013
i
William F.Gordon,Chairman Rosemary Connelly Smedile
Donald B. Stewart Richard M.Vaillancourt
Tracy M.Watson
SELECTMEN OF NORTH ANDOVER
And you are directed to serve this Warrant by posting true and attested
copies thereof in the Town Office Building and one public place in each voting
precinct in the Town,said copies to be posted not less than(7)seven days before the
time of said election.
I
Constable Date
A True 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 seven
days before the date of said election.
�I
Constable Date
I
DECLARATION OF PROTECTIVE USE COVENANTS,
CONDITIONS AND RESTRICTIONS
This Declaration of Protective Use Covenants, Conditions and Restrictions is made as of .
this 7th day of June, 2012, by Cafua Realty Trust LX,LLC of 751 Main Street, Suite B,PO
Box N Sanford,Maine 04073],their successors and assigns(herein collectively referred to as the,
"Declarant').
WITNESSETH:
WHEREAS,Declarant is the current owner of real property, consisting of ONE parcel of
land collectively consisting of approximately .66 acres of land,known and numbered as 1018
Osgood Street, being shown respectively,on a plan entitled"PLAN OF LAND in North
Andover,Mass"owned by Cafua Realty Trust LX, LLC dated February 7,2012, Scale 1"=20'
prepared by MHF Design Consultants,Inc. and whereby Parcel (1018 Osgood Street is
identified in a Deed to Cafua Realty Trust LX,LLC recorded with the Essex North District
Registry of Deeds in Book 12798,Page 2635 (hereinafter referred to as the"Property;" and,
WHEREAS,the Declarant's Property was the subject of Warrant Article [ ] of the
2012 Annual Town Meeting for the Town of North Andover where said Article requests
approval for the rezoning of the Property from Industrial 2 (1-2)to Business 2(B-2); and,
WHEREAS,the.Declarant has agreed to prohibit certain uses outlined under the list of
uses permitted within the Business 2 Zoning District as outlined under Section 4.127 of the
Town of North Andover Zoning Bylaws;
NOW,THEREFORE,for good and valuable consideration, receipt of which is hereby
acknowledged, and for the mutual promises and covenants contained herein, the Declarant
declares that the Property is and shall be held,transferred,leased, encumbered, conveyed,
improved and occupied subject to the covenants and restrictions,hereinafter set forth below:
1. Land Subject to This Declaration. The real property which is, and shall be, held,transferred,
sold,conveyed and occupied subject to this Declaration is the Property as defined above.
2. Use Restrictions, Notwithstanding the uses permitted within the Business 2 Zoning District
as outlined under Section 4.127 of the Town of North Andover Zoning Bylaws,the Declarant
agrees the Property shall not be used for the following purposes:
a. Automobile service station; and,
b. Taxi depot.
c. Public Parking Garage.
Subject to the use limitations above, the Declarant shall be permitted to use the Property
for all other uses permitted by law,including but not limited to, other uses permitted under the
Town of North Andover Zoning Bylaws, as amended.
3. Architectural Features: Any structure to be built under the conditions of a Site Plan Review
Special Permit, as specified in the North Andover Zoning Bylaw, Section 83, shall conform
to the maximum extent possible to "New England"style architecture.
4, Enforcement. It is expressly understood and agreed that this Declaration of Protective Use
Covenants, Conditions and Restrictions shall attach to and run with the.land and run for the
benefit of the Town of North Andover. Enforcement of this Declaration shall be by a
proceeding at law and/or in equity by the Town of North Andover, acting by and through its
Planning Board, against any person or persons violating or threatening to violate any
covenant either to restrain the violation and/or recover damages suffered by them for any
violation thereof. The Declarant, or the Town of North Andover and their successors and
assigns, shall have the full right to enforce this Declaration of Protective Use Covenants,
Conditions and Restrictions both in law and at equity, and to recover damages.
S. Severability, Each and every one of the covenants,conditions and restrictions contained
herein shall be considered to be an independent and separate covenant and agreement,and in
the event that any one or more of the covenants, conditions and restrictions shall,for any
reason,be held to be invalid or unenforceable by a court of law,then all remaining
covenants, conditions and restrictions shall nevertheless remain in full force and effect.
6. Duration. All of the foregoing covenants and restrictions shall continue and remain in full
force and effect at all times against the owner(s)of any lots)in such Property,regardless of
how such title was acquired, in perpetuity, unless applicable law provides that such
covenants and restrictions cannot continue and remain in full force and.effect in perpetuity,
in which case they shall continue and remain in full force and effect for a period of thirty (30)
years from the date of recording hereof, after which time said Declaration shall automatically
be extended for successive ten(10) year periods,by an instrument which shall be recorded
with the Essex North District Registry of Deeds by the owner(s)of the Property or which
may be recorded by the Town of North Andover,within the time prescribed by M.G.L, c.
184, s.27.
7. Non-Waiver, The failure or delay of the Town of North Andover or Declarant to enforce the
restrictions, covenants or other provisions herein shall not be deemed a waiver of the right to
do so thereafter as to the same breach or to one occurring prior or subsequent.
8. Amendment and Termination. The provisions in this Declaration may be amended,
modified, and/or terminated by vote of the record title holder of the property, and with the
assent of the Town of North Andover Planning Board,but such amendment,modification
and/or termination shall not be effective until such time as it is reduced to writing, signed by
the Property owner(s) of record,and recorded with the Essex North District Registry of
Deeds,
9. Successors Bound. All of the covenants, conditions and restrictions described herein shall
run with the land, and the grantees of the Property, by accepting the deed thereto, accept the
same subject to such covenants, conditions and restrictions, and agrees for themselves,their
heirs, administrators, successors and assigns to be bound by each such covenant, condition
and restriction jointly,separately and severally,
10. Extent of Covenants Conditions and Restrictions. The covenants, conditions and restrictions
created pursuant to this Declaration: (a) shall be subject to restrictions presently of record, if
any; and, (b)shall only be effective after; (i)the North Andover Town Meeting adopts the
Zoning Bylaw Amendment in the form set forth in the published 2012 Annual Town
Warrant, (ii)all subsequent actions shall have been completed that are necessary to cause
such Zoning Bylaw Amendment to be incorporated into the Zoning Bylaw(such as approval
by the Attorney General); (iii)to the extent that any referenda challenging the Town
Meeting's adoption of the Zoning Bylaw Amendment or any other appeal of the Town
Meeting's adoption of the Zoning Bylaw Amendment has occurred, such referendum or
appeal [a]has been fully adjudicated by a court having jurisdiction over such a matter(which
court upholds the Town Meeting's adoption of the Zoning Bylaw Amendment)the decision
of which is not subject to appeal or from which no appeal is taken within the relevant period;
[b] such referendum or appeal is dismissed with prej udice, or [c] the appeal is settled by the
parties thereto with the Zoning Bylaw Amendment remaining in force and effect without any
modification thereto (collectively, "Final Zoning Bylaw Approval"),
IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed under
seal by Cafua Realty Trust,LX,LLC,this 7t"of June,2012,
Cafua Realty Trust LX,LLC,by:
Ferna Cafua, Its Manager
��tZ�fr p
COMMONWEALTH OF MASSACHUSETTS
ESSEX COUNTY
On this 7"' of June, 2012, before me, the undersigned notary public, personally appeared
Fernando Cafua, as Manager of Cafua Realty Trust LX, LLC p, ved to me through satisfactory
evidence of identification, which was a 0 driver's license.;r, personally known to me; or Ll
personally known to 3ra party witness personally known to e, to be the.persons whose names
are signed on the preceding or attached document, and acknowl ed to me that he signed it
voluntarily for its stated purpose,
Notarf Public ,
My Commission E p'�f ����?iA•� �t+�
q p,� 4�Cj 4
�•a";�NPUSN �,ti ►
ACCEPTANCE BY TOWN OF NORTH ANDOVER
The undersigned Board of Selectmen of the Town of North Andover hereby accept the
foregoing Declaration of Protective Use Covenants, Conditions and Restrictions on behalf of the
Town.
Selectman Selectman
Selectman Selectman
Selectman
Commonwealth of Massachusetts
Essex, ss. ,2012
On this day of , 2012, before me, the undersigned notary public,
personally appeared the above-name Board of Selectmen proved to me through satisfactory
evidence of identification,which was known to me to be the person whose name is signed on the
preceding document in my presence and acknowledged to me that they signed it voluntarily for
its stated purpose, as Selectmen of the Town of Andover.
Notary Public
My Commission Expires:
I�
I
Maylor, Andrew
From: Tymon, Judy
Sent: Tuesday, September 25, 2012 2:03 PM
To: Maylor, Andrew
Cc: Bellavance, Curt
Subject: Covenant for 1018 Osgood St.
Attachments: 1018 Osgood St Signed Covenant.pdf
Andrew,
One of the re-zoning items that passed at ATM 12 was the re-zoning of a parcel on Osgood St.from Industrial to
Business 2, so that the parcel owner could develop a new Dunkin Donuts shop. The Planning Board supported the re-
zoning because it is consistent with other commercial uses in the area.
The parcel owner signed a 'covenant' (attached) which restrict the uses that can be developed on the parcel. The uses
that cannot be developed are automobile service station,taxi depot and public parking garage. These uses are allowed
in Business 2 and the parcel owner has no intention of developing any of these uses.The Planning Board has done this
before for other re-zoning warrant articles. They look at the list of allowed uses for that zone and ask the applicant to
sign a covenant to exclude certain uses that would not be desirable for that location. One of the more recent covenants
was for the CVS on 114. That covenant was signed in 2003.
The attached covenant was not reviewed by town counsel because I did not have the time (the Planning Board wanted
to have it signed before the town meeting vote took place) and I know we are trying to cut back on. I followed the form
for the CVS covenant. It does need to be signed by the BOS. I am bringing this to your attention because the applicant
will be coming to the Planning Board for a Special Permit in November. Let me know if you have any questions.
Judy
Judith M.Tymon
Town Planner
Town of North Andover
120 Main Street
North Andover,MA 01845
Phone 978.688.9535
Fax 978.688.9542
Email itvmon @townofnorthandover.com
Web www,TownofNorthAndover.com
Please note the M1/3ssachusetts Secretary of State's office has determined that most ernails to and from rnunicipal offices and officials are public records.t or more
information please,refer to:http://www.sec.state.ma.us/pre/preidx.htm.
Please consider the environment before printing this email.
1
TYE COM91109V"ALTV OF 9KASSACYWSEq S
WILLIAM FRANCIS GALVIN
SECRETARY OF THE COMMONWEALTH
SS. ESSEX
To either of the Constables of the Town of North Andover
GREETING:
In the name of the Commonwealth,you are hereby required to notify and warn the
inhabitants of North Andover who are qualified to vote in the Special State Election to vote
at:
PRECINCTS ONE TO EIGHT(1,2,3,4,5,6,7,8)
NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET NORTH ANDOVER
ON TUESDAY,THE THIRTIETH OF APRIL 2013, FROM
7:00 AM to 8:00 PM FOR THE FOLLOWING PURPOSE:
To cast their votes in the Special State Primaries for the candidates of political parties for the
following purpose:
SENATOR IN CONGRESS FOR THE COMMONWEALTH
Hereof 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 25th day of March,2013
William F.Gordon,Chairman Rosemary Connelly Smedile
Donald B.Stewart Richard M.Vaillancourt
i
Tracy M.Watson
SELECTMEN OF NORTH ANDOVER
And you are directed to serve this Warrant b posting true and attested
Y YP g I
copies thereof in the Town Office Building and one public place in each voting
precinct in the Town,said copies to be posted not less than(7)seven days before the
time of said election.
Constable Date
A True Copy Attest—Joyce A.Bradshaw,Town Cleric
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 seven
days before the date of said election.
l
Constable Date
I
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
f NORTH q
�Q`SSI.IC yet MQ
Joyce A. Bradshaw,CMMC 0 Telephone(978)688-9501
Town Clerk, * FAX(978)688-9557
�s i
SACHUSE
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 Y6410-111--
SUBJECT: Common Victualler and Entertainment Licenses
DATE: March 19, 2013
Attached please find an application for a Common Victualler License and an application for an
Entertainment License from Christos Kombouras, 6 Scotland Drive, Andover, MA. Mr.
Kombouras is looking to open H-Donuts North Andover, Inc. dba: Heav'nly Donuts at 50 Main
Street. Proposed hours of operation are 5:00 am to 7:00pm Monday thru Saturday and 6:00 am
to 6:00 pm on Sunday. The Entertainment License would be for widescreen cable TV. The
fees have been paid.
Included are favorable recommendations from the Police Department, Fire Department and
Building Inspector.
If you have any questions/concerns please do not hesitate to contact me or Joyce Bradshaw.
Thank you.
TOWN OF
NORTH ANDOVER
BOARD OF SELECTMEN GENERAL APPLICATION
This is a general application for a license that the Board of Selectmen may grant. All license
applications to the North Andover Board of Selectmen must be accompanied by the following
information.
Indicate if license is: new Ira o s t e 1 . F-1 change of dba❑
Other
List type of license(s)applying for:
Common Victualler = Package Store All Alcohol F]C1assI No.of vehicles for display:
Restaurant All Alcohol F-1 Package Store Wine&Malt ❑Class II No.ofvehicles fordisplay:T
= Restaurant Wine&Malt =Fortune Teller
Club All Alcohol =Vehicle for Hire/Taxi No of Vehicles:
Annual Entertainment
Sunday Entertainment
= Electronic Games-list below:
Jukebox
Billiard Table No.of tables:
Business Name (legal): ht-poy As /Y otl4k ral dba: �h�in 0
Please attach copy of business certificate if applying as dba or individual. If business is a
corporation or.LLC, please attach:
1. Certificate of Good Standing from the Secretary of State's Office.
2. Corporate Vote authorizing business at the location. n
Address of licensed premises T
ises (include zip code): �� l I�i r �'T_ � -Ch h u�-
t7► �t1�
mailing address (if different than above address):
Name of individual/applicant authorized to apply for license: l ll c ia'4-n S_6 b b o y(lc'•S
Business tel, no. of applicant: Business email: C X tr»v b2v-o.a' c`r r� F-1-(I'm
r.E.LN'(F.I.N.).
Please check one of the following:11 own premises glease premises 11 property under P&S
Name and address of property owner if different from license holder:
Ltm.kr r�..n
ame �—, Ad Tess
J_� ee ��. i ds ko�bcc rC s o J
If applicable, please attach copy of lease and/or Purchase and Sales Agreement.
Do you currently hold a similar license? What type? )0 0
Have you previously applied for a license? (Yes) ❑ (No)o
Have you ever had a license revoked? (Yes)❑ (No) If yes, please indicate why:
1
If there is a building or structure associated with the license, please submit the following (preferably
on 8112 x 1 I" paper-no larger than 8 112 x 14"):
1. Floor plan (include seating area), and
2. Site plan indicating parking areas and access to town ways.
If applying for a Class I or Class II license, please submit a plot plan that shows:
1.The number of the vehicles on display
2.The exact location of the vehicles
3. Customer parking
4. Office area
Proposed hours of operation:
Monday Win. — _�-PrnThursday 6-0 Y.X G�✓h
Tuesday Friday
Wednesday Saturday Sunday r►• — j'M
(Specify liquor sale hours if different than regular establishment hours):
Has the applicant operated a similar business? (If applicable)
Name of Business: 4r_(_,,'vJ4
Address: 0 V,'�``f( R J CS' IVIA D
Federal Tax No. (If applicable): 39-3 o Y 1
I certifythat the North Andover Police Department may run a criminal records check for any prior
offenses and that this information may be transmitted to the Local Licensing Authority at their
request.
Date: XW 17 Signature:
I certify under the penalties of perjury that I, to the best of my knowledge and belief, have filed all
state tax returns and paid all state and local taxes required by law.
Date: 3 Signature: ~
I certify that I have read through the conditions included with this license and agree to comply with
any further stipulations that the Licensing Authority may from time to time approve. I also hereby
authorize the Licensing Authority or their agent to conduct whatever investigation or inquiry is
necessary to verify the information contained in this application.
Date: 1 Signature:
Please contact the Town Clerks Office at (978)688-9501 if you have any questions regarding
this application form.
Reviewed and amended:2011
2
o,iNORT:,�
•D
4
y,SSA4HU5t1 h
The Licensing Commission for the
Town of North Andover
APPLICATION FOR AN ENTERTAINMENT LICENSE
The undersigned respectfully applies for an entertainment license as follows:
LOCATION OF PREMISES ( a a'1 CLASS OF LICENSE: /
DESCRIPTION OF PREMISES:
HOURS OF OPERATION: Weekly
Sunday ,
Please check appropriate item(s):
JUKEBOX AMPLIFERS PHONO: _ BL T
DESCR CASSETTE OPER.TV MOVIES:
INSTRUMENTAL MUSIC: NO.OF INSTRUMENTS:
Type of instruments: What floors
VOCAL MUSIC:_ No of persons
DANCING BY PATRONS: Type of Dancing;
What Floors? Size of dance floor:
Exhibition or Trade Show
Describe:
Play: Describe:
Moving Picture Show: Describe:
Floor Shorty. Describe:
Athletic Event: Describe:
Page Z
Did you hold an entertainment license from the Commission pursuant to section 183A of
Chapter t40? A.0 If yes, was it for the exact
same entertainment being requested in this petition?
.I i ,' j' MLCIl i rvC4G ( , the applicant or representative, certify
to the following:
I have read and -understand all the requirements that may be imposed upon the applicant
under Chapter 140, Section 183A this license and those policies of the Licensing
Commission regarding entertainment.
That the only form of entertainment which may be allowed on the premises, if the
application is approved, will be that which the Licensing Commission approves based
upon my application.
That all statements provided herein are true and are complete as possible.
That I understand that this license may be suspended or revolted should the Commission �
find that any items of information sought and given on this application are either untrue
or not complete, or, that the applicant is found to have conducted the entertainment
outside the provision of the above cited laws and regulations and outside of the approval
given on such license or permit.
Signature of App icant j
Date: '
i
i
i
i
i
i
f
I�
H-DONUTS NORTH ANDOVER,INC.
UNANIMOUS CORPORATE VOTE
OF THE BOARD OF DIRECTORS
AUTHORIZING NEW LOCATION
Date: February 28, 2013
This is to certify that at a special meeting of the Board of Directors of the Corporation,
held at the offices of the Corporation located at 6 Scotland Drive, Andover MA 01810 on
February 28, 2013 at 7:00 am, all the Directors being present and voting, it was
unanimously VOTED:
The retail location at 50 Main Street,North Andover MA 01845 is authorized for the
Corporation to conduct business as a Heav'nly Donuts and to enter into a lease agreement
with the property owner, Premier Commercial Properties Realty Trust 1.
Sincerely,
Christos F. Kombouras
Secretary
H-Donuts North Andover, Inc.
(617) 780-9328
combouras@gmail.com
R'
TOWN OF NORTH ANDOVER
POLICE DEPARTMENT
"Community Partnership"
To: Karen Fitzgibbons, Assistant Town Clerk
From: Lt.John Carney
Date: March 13, 2013
Re: Heav'nly Donut
The Police Department recommends favorable action on the common victualler and entertainment
license applications from Christos Kombouras for Heavn'ly Donuts, 50 Main Street.
1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012
Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
NORTH
Andrew Melnikas ".o „gtie
32 4 o� Telephone(978) 688-9593
Fire.Chief FAX (978) 688-9594
Lt. F. McCarthy
amelnikas @townofnorthandover,coin
Fire Prevention Officer cNUS��t
fraccarthy2townofriorthandover.coin
Town Clerks Office
120 Main St,
North Andover, Ma
March 19,2013
Re: Heav'ly Donuts
50 Main St
Karen,
The Fire Department has been working with the owner of the new donut shop on fire related systems. We
recommend favorable action for doing business at this location. All the proposed work will be subject to
a final inspection prior to signing off. Please let us know if you need anything else.
Thank you,
Fred McCarthy
Fire Prevention
Fitzgibbons, Karen
From: Leathe, Brian
Sent: Tuesday, March 12, 2013 12:03 PM
To: Fitzgibbons, Karen
Subject: RE:
I Brian Leathe speaking for the Building Department have NO issues. Mr. Browns is on vacation and I don't believe he
had any issues either.
From: Fitzgibbons, Karen
Sent: Tuesday, March 12, 2013 10:51 AM
To: Carney, Sohn; McCarthy, Fred; Leathe, Brian
Cc: Meinikas, Andrew; Bradshaw, Joyce
Subject:
Good Morning,
Attached please find an application for a Common Vic License and an application for an Entertainment License. Heav'ly
Donuts is looking to open at 50 Main Street. No alcohol is involved. Please forward to me your recommendation by
Tuesday, March 19, 2013 as this item is scheduled for the March 25, 2013 BOS agenda.
As always,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:htto:f/www;sec.state.ma.us/i)relj)reidx.htm.
Please consider the environment before printing this email
1
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'�., ve"" c��21`' ✓(-Of(�S f y �'. 01 O�?-, �lCc}4�L��1�5 C't � o�,)x.Ys
William Francis Galvin
Secretary of the
Commonwealth
Date:February 27, 2013
To Whom It May Concern
I hereby certify that according to the records of this office,
H-DONUTS NORTH ANDOVER,INC.
is a domestic corporation organized on January 14,2013 , under the General Laws of the
Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend-
ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's
dissolution; that articles of dissolution have not been filed by said corporation; that, said cor-
poration has filed all annual reports, and paid all fees with respect to such reports, and so far as
appears of record said corporation has Legal existence and is in good standing with this office.
In testimony of which,
1 have hereunto affixed the
K' Great Seal of the Commonwealth
on the date first above written.
Secretary of the Commonwealth
d
Certificate Number: 13021194910
Verify this Certificate at:http a'/carp.see.state.ma.us(Corpweb/Certificates/Verify.aspx
Processed by: jmu
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
t%ORTH
OF�t�eu rb ANO
Joyce A.Bradshaw O�
Town Clerk ° s A Telephone(978)688-9501
* FAX(978)688-9557
�RAT[D Pay�S
�SSACHusEt
Memorandum
To: William F. Gordon, Chairman and Members of Board of Selectmen
Andrew W. Maylor, Town Manager
From: Joyce A. Bradshaw, CMMC,Town Clerk `�1
Date: March 18,2013
Subject: Petition for Joint Pole locations—12/10/2012-Plan 13874920 Dated
November 28, 2012-Waverly Road-4 locations
The attached joint pole petition has been submitted for your approval by National Grid
and Verizon New England, Inc.:
1. National Grid and Verizon New England is petitioning to install 5 new JO stub guy
poles along Waverly Road spread among four different sketches as attached.
2. All abutters were notified.
3. Recommendations have been solicited from all departments.
4. Police Department will provide officers on site as they determine.
5. Any outstanding issues will be addressed with the appropriate departments.
A representative from National Grid representing both companies will be at your meeting
on Monday March 25, 2013. Please do not hesitate to contact me or Tim Williamson at National
Grid(781)907-3280 with any questions..
MAR-07-2M 04:22 P.02
Questions contact—Tim Williamson-781-907-3280
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
North Andover,Massachusetts
To The Board of Selectmen
Of North Andover Massachusetts
NATIONAL GRID and Verizon New England, Inc requests permission to locate poles,wires, and
fixtures,including the necessary sustaining and protecting fixtures,along and across the
following public way.
Waverly Road- Install 5 new JO stub guy poles along Waverly Road in North Andover
Massachusetts(spread among 4 different sketches as attached)
Location approximately as shown on plan attached
Wherefore it prays that after due notice and hearing as provided by law, it be granted a
location for and permission to erect and maintain poles and wires,together with such sustaining
and protecting fixtures as it may find necessary, said poles to be erected substantially in
accordance with the plan filed herewith marked—Waverly Road-North Andover Massachusetts
13874920 December 10, 2012
Also for permission to lay and maintain underground laterals,cables, and wires in the
above or intersecting public ways for the purpose of making connections with such poles and
buildings as each of said petitioners may desire for distributing purposes.
Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said
poles for the fire,police, telephone, and telegraph signal wires belonging to the municipality and
used by it exclusively for municipal purposes.
NATI N RID
BY hq 1W
EngiA6ririg Department
YEAN INC.
Manager I Right of Way
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O Existing Pole Waverly St, North Andover, MA 01845
® Proposed Pole N
Sketch to accompany petition for the installation of one jointly
owned pole with sidewalk anchor, and aerial guy wire near
440 Waverly Rd in North Andover, MA 01845
WR# 13874920 11/28/2012 drawn By;
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O Existing Pole Waverly St, North Andover, MA 01845
® Proposed Pole N
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owned poles with anchors,and aerial guy wires near
629 and 647 Waverly Rd in North Andover, MA 01845
I
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And Verizon
O Existing Pole Waverly St, North Andover, MA 01845
® Proposed Pole N
Sketch to accompany petition for the installation of one jointly
owned pole with sidewalk anchor, and aerial guy wire near
392 Waverly Rd in North Andover, MA 01845
Drawn By:
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And Verizon
O Existing Pole Waverly St, North Andover, MA 01845
® Proposed Pole N Sketch to accompany petition for the installation of one jointly
owned pole with anchor,and aerial guy wire near
697 Waverly Rd in North Andover, MA 01845
WR# 13874920 11/28/2012 Drawn By:
T.P.W.
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
NORTH
oF,t� o ,bgti0
Joyce A.Bradshaw
Town Clerk p Telephone(978)688-9501
* * FAX(978)688-9557
4 �
SSACHUSE
Memorandum
To: William F. Gordon, Chairman and Members of Board of Selectmen
Andrew W. Maylor, Town Manager
From: Joyce A. Bradshaw, CMMC, Town Clerk l
Date: March 18,2013
Subject: Petition For Joint or Identical Pole Locations-December 10,2012-Great Pond
Road and Marbleridge Road-Plan 12844353 Dated December 10,2012
The attached joint pole petition has been submitted for your approval by National Grid
and Verizon New England, Inc.:
1. National Grid and Verizon New England is petitioning to install a stub pole to support
pole 1881 (across the street), beginning at a point approximately 205' west of the
centerline of the intersection of Great Pond Road and Marbleridge Road and
continuing approximately 14' in a south direction. Location approximately as shown
on plan attached.
2. All abutters were notified.
3. Recommendations have been solicited from all departments.
4. Police Department will provide officers on site as they determine.
5. Any outstanding issues will be addressed with the appropriate departments.
A representative from National Grid representing both companies will be at your meeting
on Monday March 25, 2013 Please do not hesitate to contact me or Dave Boucher at National
Grid(978)725-1461 with any questions.
Questions contact—Dave Boucher- 978-725-1461
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
North Andover,Massachusetts
To The Board of Selectmen
Of North Andover,Massachusetts
NATIONAL GRID and Verizon New England, Inc requests permission to locate poles, wires, and
fixtures,including the necessary sustaining and protecting fixtures, along and across the
following public way:
Installing a stub pole to support pole 1881 (across the street),beginning at a point approximately
205'feet west of the centerline of the intersection of Great Pond Road&Marbleridge Road and
continuing approximately 14' feet in a south direction.
Location approximately as shown on plan attached
Wherefore it prays that after due notice and hearing as provided by law,it be granted a
location for and permission to erect and maintain poles and wires,together with such sustaining
and protecting fixtures as it may find necessary, said poles to be erected substantially in
accordance with the plan filed herewith marked—Great Pond Road-North Andover Massachusetts
12844353 December 10,2012
Also for permission to lay and maintain underground laterals, cables, and wires in the
above or intersecting public ways for the purpose of making connections with such poles and
buildings as each of said petitioners may desire for distributing purposes.
Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said
poles for the fire,police, telephone, and telegraph signal wires belonging to the municipality and
used by it exclusively for municipal purposes.
NATI AL
BY
Engingrinl Department
VERIZT 21G
, INC.
BY f`f
Ma Zgaer/ ght of Way
II
II
�a
®tea
1
Great Pond Rd CO
205'
L
N
LEGEND
0-->-O Pole To Pole Guy Wire
C Existing Pole
CD Proposed Pole
Proposed Anchor
VERIZON
�a national g rid
a P1881-84 Great Pond Rd
North Andover
Petition
Scale: Not To Scale .4atdx DnvAntl Number
Dale: 12844353
Dnvm By.Carlos Valla4pproved By:Carlos Valle
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
f NORTF/
Joyce A.Bradshaw
Town Clerk o p Telephone(978)688-9501
* * FAX(978)688-9557
�9SSACHUSE�
Memorandum
To: William F. Gordon, Chairman and Members of Board of Selectmen
Andrew W. Maylor, Town Manager
From: Joyce A. Bradshaw, CMMC, Town Clerk E�J
Date: March 18,2013
Subject: Petition For Joint or Identical Pole Locations-1/11/13-Plan 14249991-
Prescott Street
The attached joint pole petition has been submitted for your approval by National Grid
and Verizon New England, Inc.:
1. National Grid and Verizon New England is petitioning to install 350 J/O pole and
anchor at pole 872-84, National Grid to install pole to pole guy wire from P872 to
P872-84; Location will begin approximately 25 feet SW of the centerline of the
intersection of Mount Vernon Street. Location approximately as shown on plan
attached.
2. All abutters were notified.
3. Recommendations have been solicited from all departments.
4. Police Department will provide officers on site as they determine.
5. Any outstanding issues will be addressed with the appropriate departments.
A representative from National Grid representing both companies will be at your meeting
on Monday March 25, 2013. Please do not hesitate to contact me or Dave Boucher at National
Grid(978)725-1461 with any questions.
I�
Questions contact—Dave Boucher 978-725-1461
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
North Andover,Massachusetts
To The Board of Selectmen
Of North Andover,Massachusetts
NATIONAL GRID and Verizon New England, Inc requests permission to locate poles, wires, and
fixtures,including the necessary sustaining and protecting fixtures, along and across the
following public way:
Prescott St-National Grid is petitioning to install 35C3 J/O pole and anchor at pole 872-84.
National Grid to install pole to pole guy wire from P872 to P872-84; Location will begin
approximately 25 feet SW of the centerline of the intersection of MT Vernon.St.
Location approximately as shown on plan attached
Wherefore it prays that after due notice and hearing as provided by law, it be granted a
location for and permission to erect and maintain poles and wires, together with such sustaining
and protecting fixtures as it may find necessary, said poles to be erected substantially in
accordance with the plan filed herewith marked—Prescott St-North Andover Massachusetts
14249991 January 16,2013
Also for permission to lay and maintain underground laterals, cables, and wires in the
above or intersecting public ways for the purpose of making connections with such poles and
buildings as each of said petitioners may desire for distributing purposes.
Your petitioner agrees to reserve space for one cross-arm at a suitable point on each of said
poles for the fire,police, telephone, and telegraph signal wires belonging to the municipality and
used by it exclusively for municipal purposes.
NATI N GRID
BY
En �e artmen�_
VE ` O 19EW.EN GL INC.
B A
Manager/Right of Way
N
National Grid is petitioning to install 35C3 SO pole and anchor at pole
872-84.National Grid to install pole to pole guy wire from P872 to P872-84.
Z
CA
P872 pAG$C
1
P872-84
JOINT OWNED POLE PETITION nationalgrid
And
• Proposed NGRID Pole Locations Verizon New England, Inc.
O Existing NGRID Pole Locations
Date: 1/15/2013
C Proposed J.O.Pole Locations
m Existing J.O.Pole Locations Plan Number: 14249991
H Proposed Pole to Pole Guy Wire
To Accompany Petition Dated: 01111/13
O Existing NGRID Pole Location To Be Made J.O.
N Existing Pole Locations To Be Removed To The: Town Of North Andover
.For Proposed:Install Pole:872-841-ocation:Prescott Street
DISTANCES ARE APPROXIMATE Date Of Original Grant:
2013
ANNUAL TOWN MEETING WARRANT
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 Easements
Article 5 Authorization to Grant Easements
Article 6 Amend General Bylaws—Chapter 122 Hawkers and Peddlers (re food
trucks as a use in Town that should be licensed)
Article 7 Acceptance of a Public Way—Redgate Lane
Article 8 Acceptance of a Public Way—Woodlea Road
Article 9 Citizen's Petition—A Resolution to Support Passage of a Constitutional
Amendment Providing That Only Human Beings Are People
Article 10 Citizen's Petition—Conveyance of Property from Orchard Village,LLC to
Town of North Andover
FINANCIAL ARTICLES
Article 11 Set Salaries and Compensation of Elected Officials
Article 12 Continue and Approve Revolving Funds
Article 13 Approve Payment of Prior Years Unpaid Bills
Article 14 Appropriation -Amend General Fund Appropriation for Fiscal Year 2013
Article 15 Appropriation- General Fund for Fiscal Year 2014
Article 16 Appropriation-Water Enterprise Fund for Fiscal Year 2014
Article 17 Appropriation- Sewer Enterprise Fund for Fiscal Year 2014
Article 18 Appropriation- Stevens Estate Enterprise Fund for Fiscal Year 2014
Article 19 Appropriation-Energy Efficiency Improvements at Public Buildings
Article 20 Appropriation- Capital Improvement Plan for Fiscal Year 2014
Article 21 Appropriation From the Community Preservation Fund-Report of the
Community Preservation Committee
Article 22 Transfer to Capital Stabilization
Article 23 Transfer to Stabilization
Article 24 Transfer Overlay Surplus
Article 25 Authorization- Debt for Improvements to the Greater Lawrence Technical
School
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MISCELLANEOUS ARTICLES
Article 26 Authorize the Acquisition of the Rea's Pond Sewer Pump Station
Article 27 Approve Special Legislation for Easement at Rea's Pond Sewer Pump
Station
ZONING ARTICLES
Article 28 Citizen's Petition—Proposed Zoning Bylaw to Allow the Keeping of
Backyard Hens
Article 29 Amend Zoning Bylaw—Section 6: Signs and Outdoor Lighting Regulations
(re defining and prohibiting off-premise signs,and allowing projecting signs)
Article 30 Amend Zoning Bylaw—Section 8: Supplementary Regulations by adding
Subsection 8.11: Wind Facilities
Article 31 Amend Zoning Bylaw—Section 8: Supplementary Regulations by adding
Subsection 8.12: Medical Marijuana Treatment Facilities
Article 32 Amend Zoning Bylaw—Section 11: Planned Development District,
Subsection 11.5: Permitted Uses (re specifying the allowable density of a
residential development within a PDD)
Article 33 Approve Zoning Map
Appendix A Executive Summary—Article 19—Energy Audit
Capital Project Status Report
March 25, 2013
Stevens Estate Masonry Repairs—Patriot Restoration worked on the building for several
weeks but suspended operations in late December due to cold weather conditions. Work will
resume in the coming weeks and the company expects to complete the project by late-April.
Stevens Estate Windows Replacement—Contract was awarded to Vareika Construction.
Company is working on a sample window to be presented for approval by architect and Board of
Trustees. Work is expected to take place in Spring/Summer 2013.
Raleigh Tavern Lane Water Main Replacement—project is underway and approximately
95% complete. This project was mostly completed by the end of calendar year 2012, with the
exception of surface restoration and paving, which will be completed in spring 2013.
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Sutton Street Sewer Line—the design of this project is 100% complete. Funding is already
appropriated for this project. The project went out to bid. Bids have been received and are being
reviewed. Construction is scheduled for spring 2013.
School Street and Bunker Hill Street Sewer Line—the design of this project is 75% complete.
The intent is to put the project out to bid in the coming months, complete pipeline installation in
2013, with final paving in 2014.
School Department Administration Building—An initial planning meeting was held with all
concerned parties and a tour of the existing facility was conducted. Programming needs
assessment currently underway. Questionnaires have been distributed to Central Office staff to
help ascertain space needs, and interviews have been conducted with key personnel. Architect
has prepared alternative design options based on space needs and projected construction budget.
A renovation option and a new-construction option were chosen and cost estimates will be done
for each. Based on these estimates, the best option will be chosen to bring to Town meeting for
funding.
Kittredize School Gym—The School Building Committee instructed Peterman Architects to
prepare a design for a location that will attach the structure to the modular classrooms. This is the
option with the lowest estimated cost, and the one Peterman believes gives the best chance of
staying within budget. Peterman has completed the initial design with estimates. The School
Building Committee is working through the specifics of the initial design to proceed with a
project that remains within the established budget. On March 14, 2013 60% construction design
and estimates were reviewed by the School Building Committee, and changes were made to stay
within budget. The current project is estimated to cost $810,000 with additional items included
as add alternates. This will be presented at Town Meeting for approval.
Job PostingNacancy Log
March 20, 2013
Date Posted Position Department Hiring Status
Manager
N/A Crossing Guard Police Chief Hired James Hengl effective April 1, 2013.
Gallagher
N/A Part Time Staff Youth& R. Gorman Hired Courtney Benincasa effective March 18, 2013.
Recreation
10/11/12 Reserve Police Police Chief Pre-employment physicals were completed earlier
Officer Gallagher this month, results are pending.
Conditional offers of employment made to Michael
Hennessy, Fredy Almanzar-Thomas, Matthew
Zahoruiko, Prasanthi Prasad,Kara Caffrey.
State civil service representative approved the hiring
of two additional reserve police officers for a total of
5 from current list. Interviews to be conducted on
February 1. Applicants signed list, applications
disseminated and back ground checks are pending.
Pending Civil Service List, Certification List
received Notification letters sent,candidates must
sign by December 12, 2012.
8/27/12 3 Reserve Fire Fire Chief List Established.
Fighters Melnikas
3/20/2013 1:08 PM
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INTEROFFICE MEMORANDUM
TO: Andrew Maylor,Town Manager DATE: March 20,2013
FR: Bruce Thibodeau,Director of Public Works
BT
CC: Tim Willett, Operations Manager
RE: Spring Clean Up of Winter Debris and Yard Waste
It is that time of year when the clean up from winter debris must be addressed. In order to
accommodate the needs of the residents to dispose of this material and to balance/manage the
Department's needs with limited manpower I recommend the following new programs:
• Open the Cyr recycling Facility free of charge for the month of April
• Add a fourth day a week that the facility will be open during April. These would be Tuesday,
Thursday, Friday, and Saturday.
• Add two weeks of leaf and yard waste curbside collection by our trash collection contract in
biodegradable bags similar to what is done for five weeks in the fall. I recommend the weeks of
April 22nd and April 29th which should give residents time to clean up after the snow melts.
These programs would be in lieu of the program for curb side collection that has been done in the past.
The process has become very time consuming due to the large amount of material being set out at the
curb. It has become much more than just a winter yard clean up with large branches and shrubs being
set out. I believe that the above program will service the resident's needs and allow me to direct my
staff to the busy spring season work of preparing school athletic fields, winter clean up/repairs on
Town property/roadways, and the very long list of tree maintenance work.
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