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Home My WebLink About2013-04-08 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01 845 William F. Gordon,Chairman Rosemary Connelly Smedile TEL. (978)688-9510 Donald B. Stewart FAX(978)688-95.56 Richard M. Vaillancourt Tracy M. Watson BOARD OF SELECTMEN& LICENSING COMMISSIONERS AGENDA MONDAY,APRIL 8,2013 at 7:00 PM TOWN HALL MEETING ROOM 1. CALL TO ORDER II, PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. March 25,2013,Open Session Minutes as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Proposals to Purchase/Develop Former Bradstreet School Property V. CONSENT ITEMS A. Stevens Pond 2013 fees B. Tyler Bainbridge and Peter Guarino request to close Woodcrest Drive for the 2°d Annual `Longboard for Life' for the benefit of the American Cancer Society on Saturday,June 1,2013 C. Festival Committee request to use Town Common for Sheep Shearing Festival May 19,2013 VI. LICENSING COMMISSIONERS A. Wine&Beer of the Andovers,LLC,350 Winthrop Avenue—Transfer of Stock B. LaBottega, 1820 Turnpike Street, Stonewall Plaza —All Alcohol Package Store VII. PUBLIC HEARING VIII. OLD BUSINESS A. Warrant for Annual Town Meeting B. FY14 Capital Article Presentation—Town Manager IX. NEW BUSINESS X. PUBLIC COMMENT XI. TOWN MANAGER'S REPORT A. `Snow and Ice' Budget Status B. Police Department Activity Report C. Fire Department Activity Report D. Home Rule Petition Status Report XII. NEXT MEETING DATE A. April 22,2013 XIII. ADJOURNMENT Approval of Minutes BOARD OF SELECTMEN MINUTES MARCH 25, 2013 CALL TO ORDER: Chairman William Gordon called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: William F. Gordon Chairman; Rosemary Smedile, Licensing Chairman; Donald Stewart,Tracy M. Watson, and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. Note: Richard Vaillancourt was absent PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Tracy Watson made a MOTION, seconded by Rosemary Smedile„to approve the Open Session Minutes of March 11,2013, as written. Vote approved 4-0. COMMUNICATIONS,ANNOUNCEMENTS,AND PUBLIC,COMMENT Community Choice Aggregation Leo Sullivan made a brief presentation about Community,Choice Aggregation in which towns and cities pool together the electric load of all residents in order to seek,competitive bids from powe( ppliers. Joint Senate/House Resolution for 25'"Anniversary of Joseph`N-Herman Youth Center <� The North Andover Legislative Delegation>Senator Bruce Tarr Senator Kathleen O'Connor Ives, Representative James Lyons and Represertt6tiV6, iana DiZogli6 presented a Resolution honoring the 25 years of the Joseph N. Herman Youth Center CONSENT ITEMS: Youth & Recreation Service�ssSpnng'Carnival April 24-28,,20-1 Youth & Recreation Services Director Rick Gorman' $requesting permission to hold the annual Spring Ne Carnival. Rosemary Smedile made a M6T10N secoiided,by Tracy;-Watson, to grant permission to hold the annual Youth & Recreation Cervices Spnng?Oainival on,gi-ounds at�1600 Osgood Street on the following dates: Wednesday;rAp'ril 24, 5 00-9:00 PM,`Thursday, April 25,.5:00=9:00 PM, Friday, April 26, 5:00-11:00 PM, Saturday 0,1 27, 12:00-11-6O"PM, and'�i�nday April 28,==1:00-9:00 PM; and to waive permitting fees by the appropriate, 8, partments; permit .are sub ect,to applicable laws, bylaws, rules and regulations. Vote approved 44. Request to Dispose of.SurpIus Equipment-Health Department Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the request of Health Department Directorao surplus equipment determined to be of no value per memo dated March 5, 2013. Vote approved-470,.`:`,`.4 Neurofibromatosis Northeast requests to use Town roads for bike ride fundraiser on 9/7113 Sonja Nathan Director of Special Events is requesting permission to use Salem, Foster, Winter and Dale streets in North Andover on the route for the third annual"Coast to the Cure Bike Ride" to benefit Neurofibromatosis Northeast on Saturday, September 7, 2013. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen grant permission to Sonja Nathan Director of Special Events to use North Andover streets as requested for the "Coast to the Cure Bike Ride"to benefit Neurofibromatosis Northeast on Saturday, September 7, 2013. Vote approved 4-0. Marc Cooperstein of the NABC Little League requests to hold a Little League Parade on 5/4/2013 Marc Cooperstein, Kevin Breen and Lt. Charles Gray were present at your meeting to request permission to hold a Little League Parade in downtown North Andover. Board of Selectmen Minutes March 25, 2013 2 Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen grant permission to the NABC Little League to hold a parade on May 4, 2013, to close streets on the parade route and to work with the appropriate town departments. Vote approved 4-0. Keith D'Entremont of Angel Flight NE requests"Ride for Angels Charity Cycling" event on 9/8/13 Keith D'Entremont of Angel Flight NE is requesting permission to use the following streets for their cycling event: Sutton Street, Rte. 125, Great Pond Road, Dale Street, South Bradford, Pond Road, Stevens Road and Osgood Street. Tracy Watson made a MOTION, seconded by Donald Stewart that the Board of Selectmen grant permission to Keith D'Entremont of Angel Flight Northeast to use North Andover streets as requested for their annual"Ride for Angels Charity"cycling event on September 8, 2013.Vote approved 4-0. Approval of the NACAM Bylaws as Amended—Brian Fraser Brian Fraser, Executive Director of North Andover Community Access Media(CAM)was present and spoke briefly about the NACAM Proposed changes to NACAM Bylaws. The Town Manager has reviewed and approves of the bylaw changes. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the proposed changes to North Andover CAM's Bylaws. Vote approved 4-0. Declaration of Protective Use Covenants Conditions and Restrictions for 1018 Osgood Street Judy Tymon, Town Planner is requesting that the Board of Selectmen accept and sign this protective use covenant that was passed at the 2012 Annual Town Meeting, re-zoning of a parcel on Osgood Street from Industrial to Business 2, so that the owner could develop a new Dunkin Donuts shop. The applicant will appear before the Planning Board for a Special Permit. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen hereby accepts the foregoing Declaration of Protective Use Covenants, Conditions and Restrictions on behalf of the Town of North Andover. Vote approved 4-0. Signing of Special State Primary Election Warrant, Tuesday, April 30, 2013 Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectman approve and sign the April 30, 2013, State Primary Election Warrant as prepared by Town Clerk Joyce Bradshaw. Vote approved 4-0. LICENSING COMMISSIONERS: Tracy Watson made a MOTION, seconded by Donald Stewart, to open a meeting of the North Andover Licensing Commission. Vote approved 4-0. Chris Kombouras of Heavenly Donuts, 50 Main Street, requests Common Victualler License and Entertainment License Chris Kombouras, is applying for a Common Victualler License and an Entertainment License. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen acting as the Licensing Commissioners, hereby approve a Common Victualler License and an Entertainment License for Heavenly Donuts at 50 Main Street. Vote approved 4-0. Donald Stewart made a MOTION, seconded by Tracy Watson, to close a meeting of the North Andover Licensing Commission. Vote approved 4-0. PUBLIC HEARING: Tracy Watson made a MOTION, seconded by Donald Stewart, to enter a Public Hearing regarding Pole Petitions from National Grid and Verizon. Board of Selectmen Minutes March 25, 2013 3 Roll Call vote:William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, and Tracy Watson yes. Vote approved 4-0. Chairman recognized Dave Boucher from National Grid and Verizon New England. A. Pole Petition for Joint Pole locations— 12/10/2012- Plan 13874920, dated 11128/12, 4 locations on Waverly Road. B. Pole Petition for Joint or Identical Pole Locations—December 10, 2012, Plan 12844353, dated 12/10/12, Great Pond Road and Marbleridge Road. C. Pole Petition for Joint or Identical Pole Locations- 1/11/13—Plan 14249991, dated 1/16/13, Prescott Street at Mount Vernon Street. Chairman asked if there was anyone in the audience that would like to comment about the any of the petitions. Tracy Watson made a MOTION, seconded by Donald Stewart, to close the Public Hearing regarding the Pole Petition from National Grid and Verizon New England. Vote approved 4-0. Roll Call vote: William Gordon yes, Donald Stewart yes, Rosemary Smedile yes, and Tracy Watson yes. Vote approved 4-0. A. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen adopt Pole Petition for joint pole locations 12/10/2012-Plan 13874920, Dated 11/28/12, 4 locations on Waverly Road. Vote approved 4-0. B. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen adopts Pole Petition forjoint or identical pole locations December 10, 2012, Plan 12844353, dated 12/10/12, Great Pond Road and Marbleridge Road. Vote approved 4-0. C. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen adopt Pole Petition forjoint or identical pole locations 1/11/13— Plan 14249991, Dated 1/16113, Prescott Street at Mount Vernon Street. Vote approved 4-0. NEW BUSINESS: Warrant for Annual Town Meeting The Town Manager gave the Board an outline of the draft 2013 Annual Town Meeting Warrant. The specific language is in various stages of being complete and will be forwarded to the Board and Town Counsel well in advance of their April 8th meeting. Now that the citizen petition deadline is passed (3/18)the Board was asked to close the warrant. In each of the next two selectmen's meetings the Board will reopen and then close the warrant to accept any changes (from legal counsel, finance committee etc.)and make recommendations. Keeping with tradition, the Chairman and the Town Manager will establish a draft order of the articles and the full Board will ultimately decide on the final layout. The final warrant with recommendations will be voted on April 22, 2013. Resident Fred Northnagle of 92 Surry Drive gave a brief summary of his citizen petition. Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen votes to close the 2013 Warrant for Town Meeting Articles. Vote approved 4-0. Board of Selectmen Minutes March 25, 2013 4 TOWN MANAGER'S REPORT: Capital Pro*ect Status Report The Town Manager provided an updated report on various on-going capital and `major' projects. Position/Vacancy Log Human Resources Director provided an update report outlining the status of various recruitments that are ongoing or recently completed. Organizational Changes The Town Manager informed the Board of some of his organizational changes Spring Clean Up Debris and Yard Waste Bruce Thibodeau, DPW Director recommended a new program for disposing winter debris and yard waste and to open the Cyr recycling facility free of charge during the month of April. The Board requested that this would be extended into May. Next Meeting Date April 8, 2013 ADJOURNMENT: Tracy Watson made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 8:30 p.m. Vote approved 4-0. Adele J. Johnson Administrative Secretary Tracy Watson, Acting Clerk of the Board Consent Items NORTH ANDOVER YOUTH& RECREATION SERVICES STEVENS POND 2013 North Andover Youth & Recreation Services is preparing for its tenth season operating Stevens Pond. As everyone is aware 2012 started out as our best year to date at Stevens Pond and then we needed to close on July 12th for the remainder of the season due to the blue/green algae infestation. The Public Works Department is working diligently to address the issue based on the plan recently presented to the Board of Selectmen. We are extremely optimistic that we will re- open better than ever in June 2013. Stevens Pond is presently staffed by one Director, one Assistant Director, eight lifeguards, and several parking lot attendants. The Director earns $16.00 per hour and the Assistant Director earns $13.00 per hour. Our lifeguards earn between $10.00 per hour and $12.50 per hour depending on length of employment. The staffing is comparative to most communities and any reduction of staff would present safety concerns. The parking lot attendants are paid $8.00 per hour. They check permits, sell daily passes and monitor the parking and concession areas. The Pond contracts for weed removal and prevention. This work, which is under the direction of Department of Public Works, must be done on a yearly basis and is scheduled to be done in late spring this year. Stevens Pond Renovations: Renovations that have been completed in recent years: • June 2008 — Completion of brand new bath house, which includes guard shack, bathrooms, outdoor showers, deck and storage area. • June 2008—Construction of new picnic tables • July 2008—Construction of brand new playground • August 2008—Installation of new flagpole • June 2009—Purchase of new docks, rafts and equipment • May 2010—New fencing along the main street, fencing fixed and painting on fire access road. New trees were planted on the main street. New flower beds were installed by entrance and around flag pole area. • May 2011 —Cleaned area by playground • March 2012—Installation of two horse shoe pits and new benches • May 2012—Resurfacing of parking lot Staffing: I will be recommending Director Kelly Wray to return for her second year as Pond Director. An Assistant Director will be selected from the pool of lifeguards. Department of Public Works: It is recommended that Public Works continue to offer services in the following areas: prepare for opening by assisting with pond set-up (clean up, weed removal, sweeping parking lot, raking sand, cutting grass, cutting bushes, adding sand, etc). The trash needs to be picked-up three times a week, along with normal cutting and maintenance throughout the summer. Selling of Permits and Swimming Lessons: Upon approval by the Board of Selectmen, the Youth Center is prepared to sell permits and conduct sign-ups for swimming lessons and all other programming. This will be done Monday through Friday 9:OOa to 7:OOp. Once the Pond is open, residents will be able to purchase the services directly at the Pond during normal operating hours. Youth&Recreation Services will begin immediate marketing of the Pond including flyers to every school child and advertising in the Eagle Tribune, North Andover Citizen, and North Andover Patch. Information will also be put on the Town website, Youth Center website and local cable channel. Special Circumstances: As in the past, accommodations will be arranged for residents with financial hardships. In 2012 we had I I season passes and 5 swim lessons that were issued to families that requested financial assistance. These families will be asked to provide minimal documentation to support their request. Hours of Operation: Stevens Pond will be open Monday June 24th through Friday, August 23`d Staying open until Sunday, August 25th will be explored depending if the lifeguards are required to be back at college. Hours of operation will be 9:30a to 7:OOp daily. Blue Cross/Blue Shield: Blue Crew Cleanup Day: We will be looking to have this community service project done in late May 2013. This has been very successful in the past and another connection with the business community. Special Events: The following special events will be held at the Pond: o Sand Castle Building Contest o Emergency Services Day o Annual Lafond Swim Meet o Tie Dye Shirt Day o Reading Hour o Board Games Day We are also in the process of planning new programming for summer 2013. Fee Recommendations For 2013 Option A: Not raising fees Tye 2013 Fee Increase Estimated Revenue Season Car Pass $75 $0 $27,000 (360) Swimming Lessons $50 $0 $ 4,400 (88) Daily Adult Passes $12 $0 $ 3,384 (282) Season Pass Non-Profit $150 $0 $ 150 Season Pass For Profit $250 $0 $ 250 Additional Sticker $20 $0 $ 400 (20) TOTAL $ 35,584 Option B: Raising fees Type 2013 Fee Increase Estimated Revenue Season Car Pass $90 $15 $ 32,400 (360) Swimming Lessons $50 $0 $ 4,400 (88) Daily Adult Passes $12 $0 $ 3,384 (282) Season Pass Non-Profit $150 $0 $ 150 Season Pass For Profit $250 $0 $ 250 Additional Sticker $20 $0 $ 400 (20) TOTAL $40,984 The following are the revenue and expenses for 2002 through 2012 seasons Year Revenue Ex Buses +/- 2002 $27,495 $46,680.34 -$19,185.34 2003 $28,136 $42,344.81 -$14,208.81 2004 $29,234 $43,123.92 -$13,889.92 2005 $32,013 $41,137.55 -$ 9,124.55 2006 $27,899 $44,610.49 -$16,711.49 2007 $25,028 $43,730.05 -$18,701.98 2008 $28,823 $35,482.74 -$ 6,659.74 2009 $25,849 $34,138.66 -$ 8,289.69 2010 $34,239 $36,993.19 -$ 2,754.19 2011 $33,057 $36,766.32 -$ 3,709.32 2012 * $ 4,357 * $24,074.97 * -$19,717.97 * * A total of$28,617 was collected in revenue prior to the Pond closing on July 12th last year. All season passes and swimming lesson fees collected to that date,totaling $24,260,were reimbursed. Santilli, Ray From: Tyler Bainbridge[longboarder ma @hotmail.com] Sent: Thursday, March 28, 2013 6:52 AM To: Santilli, Ray Subject: Second Annual Longboard for Life Attachments: 169247_3446889571078_1196381325_o.jpg; 309982_472786966068160_650102759_n.jpg; 319833_472777266069130_1771281913_n.jpg; 335941_3446877250770_849826339_o.jpg; 534087_472781376068719_1001757587_n.jpg; 542431_472787686068088_452731525 _n.jpg; 545497_472777919402398_1721466966_n.jpg; 554778_472782042735319_ 2073342890_n.jpg; 599997_472781549402035_1243639679_n.jpg; 601738_ 472781059402084_324034454_n.jpg; LONGBOARD FOR LIFE WAIVER AND RELEASE FORM (NORTH ANDOVER).docx Dear Town of North Andover, My friend Peter Guarino and myself,Tyler Bainbridge, are requesting the road closure of Woodcrest Dr on June 1st for the hosting of the second annual longboard competition called "Longboard for Life".We love skating this hill and the neighbors frequently come out and watch us skate. We hosted the first "Longboard for Life" at Bayne's Hill Rd in Boxford, MA on June 9,201-2 which had a road closure from 10:OOam to 5:OOpm. We attended a town meeting, met with representatives, and emailed back and forth with the chief of police. Eventually after a lot of work we had the road closed. What had originally inspired us to have this event was when our lifelong friend and classmate, Ashley Cunningham, was diagnosed with Lymphoma a few days before Christmas 2011. Peter and I had already been signed up for the Relay for Life walk at our school, Masconomet Regional High School, and thought it would be a great idea to raise money by hosting a Longboard event. It combined something that we loved (longboarding)with a great cause. The event had a $10 dollar entry fee which had all proceeds going towards the American Cancer Society. Last year's hosting of"Longboard for Life" was a HUGE success.We raised over$1,500 for the American Cancer Society. People had smiles on their faces all throughout the day. We had a dedicated team of 15 staff members who were selling hotdogs and drinks, helping to organize the event, and many other things throughout the day. 120 people from allover the United States attended including NY, FL and all over New England.A local newspaper wrote an article on our story,www.wickedlocal.com/boxf ord/newsnow/`x57807937/Tri-Town-longboarders-race-to-fight- ca n cer#axzz2JJ if Fd3X. As hosts of this event we will be taking various precautions in order to ensure the safety of the riders. We will have hay bales at the bottom of the hill and we will require that each participant is wearing protection. Attached to this email is a waiver that all competitors are REQUIRED to have signed by a parent(if under 18 years of age). This waiver promises that all participants will be required to wear helmets and gloves as protection from falling.The Town of Boxford verified the use of our waiver last for last year's event. If possible, we would like to schedule a meeting with you to discuss the details regarding this event in depth. This is good for a cause and we are really hoping you can help. Attached to this email: -Pictures from last year's event. i -A required waiver. Here are various videos made by spectators of "Longboard for Life": http:/Zwww_youtube.com/watch?v=cZE7dGuTdXA http:Z/www.youtube.com/watch?v=HzLiAmDMOeM Thank you very much. Respectfully, Tyler Bainbridge and Peter Guarino 508-505-834:1 Please note the Massachusetts secretary of State's office has determined that mast ernails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 2 SECOND ANNUAL LONGBOARD FOR LIFE What is it? "Longboard for Life" is the second annual closed road longboard competition/fundraiser to raise money for the American Cancer Society. Last year we had 60 competitors and 60 spectators. We rose over $1,500 in donations. Longboarders from all over the country came to attend the event last year and we expect even more this year. Where? The desired location is Woodcrest Dr. in North Andover When? June 1st 10am to 5pm. Event Organizer Contact Info: Name: Tyler Bainbridge Phone: 508 505 8341 Email: longbo arder_ma@hotmail.com r - 4 - s saww oas-- u MAN Fill j � � T 0, SECOND ANNUAL LONGBOARD FOR LIFE WAIVER AND RELEASE FORM Participant Release of Liability !Read Before Signing! In consideration for being allowed to participate(longboard skater)in any way at the SECOND ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT,and its related activities,the undersigned acknowledges, appreciates,and agrees that: The risk of injury from the activities involved in this program is significant,including the potential for permanent disability and loss,and while particular rules,equipment,and personal discipline may reduce this risk,the risk of serious injury to me does exist;and -I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS,both known and unknown,EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES OR OTHERS,and assume full responsibility for my participation;and, -I willingly agree to comply with the stated and customary rules,terms,and conditions for my participation;and, I,FOR MYSELF AND ON BEHALF OF MY HEIRS,ASSIGNS,PERSONAL REPRESENTATIVES AND NEXT OF KIN,HEREBY RELEASE,INDEMNIFY AND HOLD HARMLESS THE COORDINATORS OF THE LONGBOARD FOR LIFE FREERIDE EVENT AND TOWN OF NORTH ANDOVER FROM ANY AND ALL CLAIMS ARISING OUT OF MY PRESENCE AT THE SECONG ANNUAL LONGBOARD FOR LIFE FREERIDE EVENT,BUT NOT LIMITED TO,CLAIMS FOR ANY AND ALL INJURIES,DISABILITY,DEATH,LOSS OR DAMAGE TO PERSON OR AND ASSUMPTION OF RISK AGREEMENT,FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT,AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. -I attest that I am physically fit and I am prepared for this activity.I also waive and release the use of my photograph or likeness for any reason or purpose. -1 WANTTO PARTICIPATE IN THIS HAZARDOUS SPORT! MEDICAL RELEASE:In the event that I am unconscious or otherwise unable to make medical decisions for myself in an emergency, I hereby give permission for medical treatment,and related transportation,to any licensed physician,surgeon,clinic, hospital,or ambulance service to secure proper treatment,and to order anesthesia,for myself as named below.I AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL INJURIES AND MEDICAL EXPENSES INCURED WHILE RIDING IN THIS PARK,EVENT OR PROGRAM. I am allergic to the following medications(PLEASE LIST): ALL RIDERS MUST WEAR A HELMET!!! X PARTICIPANT SIGNATURE PRINT NAME DATE OF BIRTH Address: apt# City: State: MA_Zip: Phone: Emergency Phone# U If participant is under 18: X PARENT SIGNATURE DATE SIGNED DOCTOR to be notified in case of emergency: ---------------------------------------------BELOW FOR EVENT STAFF ONLY--------------------------------------------- EVENT STAFF MEMBER WITNESS SIGNATURE: DATE: A B C 1 ADDRESS NAME SIGNATURE 2 [�( 3 g0 ��5� 0V . 5 - 6 7 �U 1�Da�Cu . 8 � '� 4 5� kAvv-e((t l 9 10 �1 wn 11 v,G OD � 'T v , �j1/1�► /17 f/ 12 33 ct � i- erl - d � 13 14 ' U kA 6O L�c v al. 15 ' ✓ w o d ckcu`,v ��• �j W,/ 16 l5� �ll,Ol(�Y�j� ��, ��'"' f��41✓D� ��'/i�J-y 17 18 19 20 21 Wooderest Drive Fundraiser From:Maureen Yadgood(myadgood@comcast.net) Sent: Sun 4/07/13 8:49 PM To: longboarder—ma@hotmaicom Hi Tyler, I received the note from Laura Gifford; sorry to have missed you when you all came around. We are definitely in favor and will support this endeavor. My nephews and son are all long boarders. As a matter of fact, I am forwarding the information to my nephew, Jack Cirbee, who sells boards at the Rockingham Mail store. He may be able to obtain some sponsorship for you. V not, I know he would love to participate. Keep us in the loop! Maureen Yadgood Maureen C. Yadgood RN, MSN Maureen Yadgood & Associates Bringing New Life to Your Healthcare Organization 87 Woodcrest Drive North Andover, MA 01845 ph 978-683-2240 fax 978-683-6283 myadgood@comcast.net https:/Ibayl74.mail.liee.com/mail/PrintMessages.aspx'?cpids=29cc7c7l-gfe6-1 1 e2-bOrf6-00237de41650,m&isSafe=true&Folder]D=00000000-0000-0000-0000-00. June 1st event From Addison(adson57 @comcast.net) Sent: Sun 4/07/13 1:41 PM @: longboarder ma @hotmaiLcom Tyler, You can count us ( 15 Woodcrest ) as an approval for your proposed event for June 1st. If you need help from us please let us know. if you want to set up on our lawn etc that is fine with us . Don Stewart (selectman ) stopped by on his way up the hill yesterday to poll the residents about how they felt. I told him it was fine with us, I also. told him that the Ranney' s ( across the street from me) , are in FL for the month so I know he didn't talk to them Mrs Crittenden in the third house on the other side is very hard of hearing so don't be surprised if no one has heard from her. Addison Minott tel . 508-783-3228 email : adson57 @comcast .net hftps:Hbayl74.niail.l iee.corn/maillPrintM essag es.asp>Q cpids=656b7488-9faa-1 le2-9d7d-002264c247be,m&isSafe=true&FolderlD=00000000-0000-0000-0000-00... 1/1 Longboarding Event From:shannon.archer@cancer.org R�nt: Wed 3/27/13 3:07 PM To: longboarder_ma@hotmaiL com Hi Tyler, Thank you so much for reaching out the the American Cancer Society! I actually know Ashley, I am the staff partner that works with the planning committee for Relay For Life at Masco. They have talked a lot about your longboarding event and I think it is so cool! Not to mention, such a great thing to do for an awesome cause. What is the date of the event this year? I can definitely see if myself or some of the Relay committee can come volunteer at the event! Also, I can send you some ACS/Relay freebies to hand out if you'd like! Just let me know where to send the stuff! Also, as for the use of the logo, I will definitely check with our marketing dept and see what kind of rules we have on that... and III get back to you!You can definitely write it in text something like "to benefit the American Cancer Society" but I will double check on the logo use and if it's ok, III send over an approved logo to use! So excited that you're doing this, I think this is great! Shannon Archer I Community Executive New England Division ;American Cancer Society, Inc. 43 Nagog Park Suite 110 Acton, MA 01720 Phone: 781.314.2678 ca n ce r.org 11.800.227.2345 THE OFFICIAL SPONSOR OF BIRTHDAYS' This message (including any attachrrents)is intended exclusively for the individual to whom it is addressed and may contain proprietary, protected, orconfidential information. If you are not the named addressee,you are not authorized to read,print, copy,ordisserrinate this message orany part of it.If you have received this message in error,please notify the senderirrrrediately. https:/fbayl74.niail.li\e.conVrr iI/PrintMessages.aspx?cpids=4708a32a-9711-11e2-86fb-00215ad7db9c,m&isSafe=true&FolderlD=00000000-0000-0000-0000-00... 1/1 Sharon Bainbridge Subject: FW: Longboard Event Fund Raiser From: Michael Murphy [mailto:mmurphy @town.boxford.ma.us] Sent: Monday,June 11, 2012 12:56 PM To:Sharon Bainbridge Subject: RE: Longboard Event Fund Raiser Ms. Bainbridge; Thanks for the note to the Administrator's office. (':It did turn out to be nice event.The kids were respectful and I am happy that you raised so much money. I spoke with your husband on Saturday and had a chance to meet Tyler. He thanked me and I watched him as he supervised the riders. He is a very nice young man and should be congratulated for taking the initiative to help his friend Ashley. You were a good advocate for the kids and were in large part responsible for the success of this event. Chief Murphy From: Sharon Bainbridge [ma i Ito:secaccountant Cabtownofmiddleton.ora] Sent: Monday,June 11, 2012 12:41 PM To: Susan Inman; longboarder ma@hotmail.com Cc: Michael Murphy; Kerry Stickney; Alan Benson; Warren Gould Subject: RE: Longboard Event Fund Raiser Dear Susan, I would like to thank the Board of Selectmen,Chief Murphy,the residents of Baynes Hill Road,and the Town of Boxford for allowing us to hold our Longboard Event this past Saturday. The Event raised$1,485 for cancer research. There were 63 participants, 20 staff members,including Ashley and numerous spectators. I have attached a few pictures for you to see. I know that there were a couple residents who were understandingly unhappy, mainly the woman who lives at the top of the cul-de-sac. I want you to know the boys did leave a flyer with her children last Wednesday.She drove by them while they were walking back down her driveway yet claimed she was not home and knew nothing of the event. We apologized to her twice during the day. Living on a road that is constantly closed and used for motorcycle and bicycle rides, I understand her inconvenience. There were also residents who were supportive and came out to watch on lawn chairs,whose children set up a lemonade stand to take donations, and those who donated themselves. A few came down and wanted to let us know that the kids were doing a good thing and said they thought the event was well run. We had people pull up in cars saying they saw the Selectmen's meeting on TV and wanted to come by and see what it was all about. Some stayed and watched,and others just came by to donate. 1 In addition to the Boxford police officer who was assigned,we had an off duty Middleton police officer at the event until 4:00 and an EMT from Lynnfield on hand for a few hours in the afternoon. Chief Murphy called me Friday around noontime and asked that we get a Porta-Potty on site. We had one donated about an hour later. There were no injuries other than cuts and scrapes. After the event ended,we stayed and cleaned up the road and parking lot, and tried to leave everything the way we found it. At 5:00 we had the detail officer drive through the neighborhood to make sure nobody was left and there was no damage done, or trash. I hope there were no complaints after we left. Allowing us to hold this event has taught the children a lot about community service and giving. We were impressed how well they were able to pull this together, a lot of it on their own,and how well the event was run. The event was so successful,they plan to do it again next year, and we want you to know that we have a location already approved in another town. Sincerely, Sharon Bainbridge From: Susan Inman [mai Ito:sinman @town.boxford.ma.usl Sent: Wednesday,June 06, 2012 5:08 PM To: Sharon Bainbridge; longboarder ma @hotmail.com Cc: Michael Murphy; Kerry Stickney; Alan Benson; Warren Gould Subject: Longboard Event Fund Raiser Good Afternoon, Your request for permission for road closure on Baynes Hill Road from 10AM to 5PM for a Longboard Event on June 9, 2012 in support of Relay for Life was approved by the Board of Selectmen at their meeting on June 5, 2012 with contingencies including the safety measures mentioned in your email attached below. In addition, the Board requested a list of the residents on Baynes Hill Road whom you have contacted along with evidence of their support of the event.This list should be delivered to the Board before the event date; our hours are 8AM-4:30PM M-Th (T own Hall is closed to the public Friday, but I will be in the office from 10AM-2PM and can be reached at 978-887-6000 x202). Please feel free to drop off the list in the office of the Selectmen or email it to me at sinman6�town.boxford.ma.us. The Board also requested that you leave a flyer with contact information for those residents who you could not personally speak with—thereby allowing them an opportunity to contact you with any concerns they may have. Arrangement of the road closure and the Lnecessary monitoring of any vehicle entry to the road should be worked out with Boxford Police Chief Michael Murphy. Ashley is lucky, and I am sure very deserving to have such friends-we wish your event great success! Susan Inman Administrative Assistant Board of Selectmen 978-887-6000 x202 ---------------------------------------------------------------------------------------------------------------------------------------------- Dear Chief Murphy, My name is Tyler Bainbridge. My friend Peter Guarino and I are hoping to plan a Longboard Event to raise money for the American Cancer Society. We are hoping we could set up a meeting to discuss a possible road closure for the day of June 9, 2012 from 10:00am until 5:00pm. What inspired the event is when our good friend Ashley Cunningham was diagnosed with cancer a few days before Christmas of 2011. She fought cancer for 5 months until early April and as of now, she has hopefully beaten the disease. We would like to raise money for our Relay for Life (http://www.relayforlife,org) group at Masconomet Regional High School in Topsfield, Ma. We are going to have a ten dollar entry fee for all participants of the event, we are expecting about 80 people to attend the event and compete. There will be many people from Masconomet High School spectating and we will have adult chaperones helping us out with collecting flyers and money. 2 The street that we would like to stage the event on is Baynes Hill Rd in Boxford, MA.This hill is the perfect venue in the area to have this event, and as longboarders we, crave long and steep hills. We have done a lot research on streets in the area and had to choose very carefully, we concluded this hill was perfect for our event. The hill is long, wide, and steep. As hosts of this event we will be taking various precautions in order to ensure the safety of the riders. We will have hay bails at the bottom of the hill and we will require that each participant is wearing protection. Attached to this email is a waiver that all competitors are REQUIRED to have signed by a parent (if under 18 years of age). This waiver promises that all participants will be required to wear helmets and gloves as protection from falling. Please read more about this in our attached waiver. We have been to events in Harvard, MA and Lawrence, MA where the roads have been closed for longboard events and will follow the same safety precautions as they did. Longboarding is a form of skateboarding using a longer board with bigger wheels and wider trucks. In recent years this sport has had an amazing increase in popularity. The people who longboard are very friendly and are respectful to those who live in the neighborhoods where we skate. The longboard community is truly unique, everyone is so close and you get to meet a bunch of people that you otherwise would have never known. They are a special breed of person, everyone is nice to each other and always eager to help each other learn new tricks or moves. So far we have eleven sponsors that will be donating prizes to give away at the event. Their logos are located on the flyer (Please see attached) If possible, we would like to schedule a meeting with you to discuss the details regarding this event in depth. This is good for a cause and we are really hoping you can help. If you have any questions as to what longboarding is or how the event will look please see view the attached video: http://www.youtube.com/watch?v=BHDhH07J-Oo&feature=related Also attached to this email is the safety waiver and the flyer which will be distributed once we receive your permission to use this hill. Thank you very much. Respectfully, Tyler Bainbridge and Peter Guarino 01111146(/)? Susan Inman Administrative Assistant Office of the Selectmen Town of Boxford 7A Spofford Road Boxford,MA 01921 Tel:978-887-6000 x202 Fax: 978-887-5361 3 Lot*46BOARD FOR LIFE LON BOARD EIEEfI E COMPETITION FOR LIFE UNE 9 , 2012 =r $ 10 PARTIO PATION FEE Society ALL PROCEEDS 60 TO THE AMERICAN CANCER SOCIETY WA J t buttin rebalt LONGROAM - ill I Y p Jl 11 ,r EBERR TRUCKS tA vt h boardshop Skateboards 6 L14 e No ih rgy VATRI PHI- �ilt t *g `�. 4t. Yy II l�" ,(�'� ��Y. �kz�.��,r,-f�r,�l�� ;" �a ,�o ^fi�R�� . �i '` Wit` °° :;�•- "•y �d� �Y.N. : r , J» N, V �k� r y ,+Pj. '�R''.�-�•- .S.M ,yI. �:FJD x OT T r > A F I son 41-1 U I w r 1 �I I. r � s Is � ut � 4 k is # f� # ,w I � ' - � '.'� , �. — — �r'z _ 'n.�3.a `�.i.� �'� ;��-.,. '��, � t rjid� .d i t As{y t -,.✓ q 1 ,r i° r i hu d � � s Ml �s� x 14 WE- -mod FAA St NO in r"3 7 ce 7 J tl � �,�, r t a F ' t'p,,, r Y '� -1• -at' ,;4Tx..M' �� ,r r,ir F 01, �'`� 'uPr E R+t � t 7 � A�r�_•� �d��'Ir Yk "M "`�[.r5, X try".:v-r i,�n "'�xtr 2Nyz�y a•k�' ,_ �F _ RT, AETNA Town w° a NORTE 2- VAR MOM mom s k 2 SY PrySs �.Tl ` _ ti� h j d TOWN OF NORTH ANDOVER FESTIVAL COMMITTEE 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH q 0 tSi1.tD 0 tiO f A i* 9poR ay�y 41 �`TSACHUSk� April 3, 2013 The Honorable Board of Selectmen William F. Gordon, Chairman Town Building 120 Main Street North Andover, Mass, 01845 The Honorable William F. Gordon and the Board of Selectmen: On behalf of the North Andover Festival Committee, I respectfully request the use of the North Andover Common for the Annual Sheep Shearing Festival. The one day event will be held on Sunday, May 19, 2013. We are requesting the use of the common from 6:00 A.M. until 6:00 P.M. We are respectfully requesting any departmental fees be waived for this event. The event will be open to the general public from 10:00 A.M. until 4:00 P.M. The Festival Committee also requests that Massachusetts Ave. and Academy Rd. be temporarily closed to thru traffic from Osgood St. to Academy Rd. on May 19, 2013, for the hours of 7:00 A.M. until 6:00 P.M. To keep the event ADA compliant, we are also requesting that one of the Osgood St. parallel parking areas on the perimeter on the common be designated as a "Handicap Parking Only" parking area for the one day event,thus allowing the police department to enforce the restriction. Respectfully submitted, Jeffrey J. Coco Co chairperson North Andover Festival Committee Application for the Use of the North Andover Town Common Please read the attached"Regulations for the Use of the North Andover Town Common"before completing this application. Section 1:General Information Name of North Andover group or individual applying for use of the Town Common: Festival Committee Note:The applicant, if an individual must be a resident of North Andover or, if a non-profit organization must have its principal place of business located in North Andover. North Andover Address of Group or Individual 120 Main St. North Andover Name of Contact Person: Jeff Coco Phone Number of Contact Person: 978-682-5212 or 978-490-6505 Email Address of Contact Person: cocoiema @iuno.com Date(s)that Town Common use is requested: May 19, 2013 Note: Use is limited to one day only with allowances for set up and removal one half-day prior to the use and one half day after use,unless it is considered a holiday display pursuant to Section 9(b)of the Town Common Use regulations. Holiday displays may be allowed from the Thanksgiving Day until the following January 7th. A) Is the purpose of the use of the Town Common to for the public display of art, banners, signs and symbols? Yes X No B) Is the purpose of the use of the Town Common to conduct an event where more than twenty people may assemble and/or participate? X Yes No If the answer to Question A is yes,please complete Section 2, if the answer to Question B is yes,please complete Section 3. If the Answer to Questions A& B are both yes,please complete both Section 2 and Section 3. Section 2: Use of the Town Common for the Purpose of Display: Please describe what you will be displaying including a detailed description and dimensions: N/A Please provide a sketch or picture of what you will be displaying. Will you need access to electricity for your display? If yes,for what purpose N/A Please indicate on the attached map approximately where on the Town Common the display will be erected Section 3: Use of the Town Common for the Purpose of Conducting an Event. Please describe the nature and purpose of the event: Sheep Shearing Festival The event will begin at 7:00 AM a.m./p.m. and end at 6:00 PM a.m./p.m. In total, how many individuals do you anticipate attending the event? 2000 At any one time during the event,what is the maximum number of people expected to be on the common? 200 Please indicate on the attached map approximately where on the Town Common the event will take place. Who will be the person or persons representing the applicant who will be present throughout the event? If these persons will be taking shifts, please provide the time of their shifts: Jeff Coco Will you be erecting any temporary structures on the common such as tents, fences, athletic equipment? rimes_If yes, please describe the size and type of structures: 100 Ft.Sheep fence, 10x10 crafter tents 10x20 committee tent Will you need access to electricity for this event? yes If yes,for what purpose: Food vendors,sheep shearing, public address equipment Will you be serving any food or beverages during the event? Food Vendors Will you be charging a fee for any services provided such as food, beverages,games, races, etc.? no If yes; please provide a fee schedule and attach Please describe where vehicles of participants in the event will park: Middle school Franklin school Mass. ave. Please describe what your clean up plans consist of in terms of number of people assisting in the clean up, how trash will be removed from the common and disposed,etc:Town will supply a dumpster for trash and recycling as well as receptacles for the common Section 4:Acknowledgements and Signatures By submitting this application,the signer of this form agrees to the following: 1)That the signer is duly authorized to sign the application on behalf of the applicant and is a resident of North Andover or works for a non-profit organization whose principal place of business is located in North Andover. 2)That the user of the common will comply with all rules, regulations and conditions applicable to the use of the common. 3)That the user of the common will hold the Town, its employees and agents harmless from any and all claims,suits,causes of action,judgments and demands of any nature made or obtained by third parties which result from activities or actions of the Town of North Andover, its agents or servants under this permit and if the judgment is entered against the Town of North Andover,said judgment will be paid by said applicant together with all interest thereon. a� Signed / Printed Name:Jeffrey J. Coco Date: 03-28-13 Return completed application to: North Andover Town Hall Town Manager's Office 120 Main Street North Andover, MA 01845. 978-688-9510—Phone 978-688-9556—Fax tmsecretary @townofnorthandover.com Johnson, Adele From: McCarthy, Fred Sent: Tuesday, April 02, 2013 11:48 AM To: Johnson, Adele Subject: RE: Recommendations for Sheep Shearing Festival Hi Adele, The Fire Department recommends favorable action for the Sheep Sharing Festival for May 19,2013. Just a few items worth mentioning. Any use of a fire hydrant will have to go through the DPW,they will need to use a back flow preventer on the hydrant,this could be obtained at the DPW. They should check with the DPW or electrical inspector when utilizing electricity. In the past they requested a fire department detail, if they so choose they could contact Diane at the FD, she can take care of this. Any propane cylinders greater than 20 pounds will need to be permitted through the FD. Any road closing or detours need to be spelled out and the Department notified in advance. Regards, Fred M Fire Prevention 978-688-9590 From: Johnson, Adele Sent: Tuesday, April 02, 2013 9:30 AM To: Gallagher, Paul; Carney, John; Thibodeau, Bruce; Barry, Nancy; Melnikas, Andrew; McCarthy, Fred Subject: FW: Recommendations for Sheep Shearing Festival Please send me your recommendations by Thursday,4/4/13. Adele J.Johnson Executive Assistant Town of North Andover 120 Main Street North Andover, MA 01845 Phone 978.688.9510 Fax 978.688.9556 Email aiohnsonC @townofnorthandover.com Web www.TownofNorthAndover.com From: noreply @townofnorthandover.com [mailto:noreplly @townofnorthandover.com] Sent: Tuesday, April 02, 2013 9:28 AM To: Johnson, Adele Subject: 1 • TOWN OF NORTH ANDOVER POLICE DEPARTMENT "Community Partnership" -To: Adele Adele Johnson,Administrative Secretary From: Lt. John Carney RE: Sheep Shearing Festival Date: April 2,2013 The Police Department recommends favorable action on the request from the Festival Committee to hold the annual Sheep Shearing Festival on the North Andover Common on May 19,2013 as outlined in the application. The Police Department will work directly with the committee and provide the typical police coverage. 1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012 Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us NORTH O t�S�eo iy�Y4 O 9 S4CHU5E��9 INTEROFFICE MEMORANDUM DATE: April 3,2013 TO Adele Johnson,Executive Assistant FROM: Bruce Thibodeau,Director of Public Works CC: RE: " Sheep Shearing" The Division of Public Works has no objection to the request from Jeff Coco, of the North Andover Festival Committee to hold the Sheep Shearing festival at the Town Common on Sunday, May 19,2013. We will have a meeting just before the event to work everything out. If Jeff needs any other assistance from the DPW,please have him contact my office. Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Of NORTy 4�i�io a�NO Joyce A. Bradshaw, CMMC �� d o p Telephone(978)688-9501 Town Clerk, x * FAX(978)688-9557 SgCHU`�k 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 VZjw✓ DATE: April 2,2013 SUBJECT: "Transfer of Stock" for all alcohol package store Attached please find an application from William Buco and Louis Minicucci, III for a Transfer of Stock for the package store known as Wine& Beer at the Andovers, LLC, 350 Winthrop Avenue, North Andover, MA. Basically, this application is seeking approval to allow the establishment to change from three (3) owners to two (2) owners. A legal notice was published in the North Andover Citizen on March 15, 2013. No abutter notification is necessary. The fees have been paid and favorable recommendations from the Police Department, Fire Department and Building Inspector are included. If you have any questions or concerns,please do not hesitate to contact me or Joyce Bradshaw. Thank you. TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 HORTF/ Rosemary Connelly Smedile,Chairman William F. Gordon F p Telephone(978)688-9500 Donald B.Stewart FAX(978)688-9557 Richard M. Vaillancourt Tracy Watson M,SS�cHUSEt�y North Andover Citizen Please publish the following legal ad in the NORTH ANDOVER CITIZEN on Friday, March 15, 2013: Town of North Andover Licensing Commissioners Public Hearing Notice Notice is hereby given that under Massachusetts General Laws, Chapter 138, the North Andover Licensing Commissioners will hold a public hearing on Monday, April 8,2013 at the Board of Selectmen's Meeting Room, in Town Hall, 120R Main Street, 2nd Floor, North Andover,MA., on the application received from Wine&Beer At The Andovers, LLC, dba: Liquor,Wine& Beer At The Andovers, 350 Winthrop Avenue (342 Winthrop Avenue for 911 enhancement purposes),North Andover, MA for the Transfer of Stock. Rosemary Connelly Smedile Chairman, Licensing Commission NAC: 3/15/2013 Very truly yours, Karen A. Fitzgibbons Assistant Town Clerk - ^ 4 /kaf Bill to: Louis Minicucci, III Wine& Beer at the Andovers 350 Winthrop Avenue North Andover MA 01845 4, i Print k'ozn ,, The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 Lt wtv.mass.ov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE,PRINTED,SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER 6991 IF USED SPAY,CONFIRMATION NUMBER I A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) 062600054 LICENSEE NAME WINE&BEER AT THE ANDOVERS,LLC ADDRESS 350 WINTHROP AVENUE CITY/TOWN N.ANDOVER_ STATE MA I ZIP CODE 01845 TRANSACTION TYPE(Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Cordials/Liqueurs Permit ❑ New Officer/Director ❑Transfer of License ❑ Change Corporate Name ❑ issuance of Stock ❑ New Stockholder 0 Transfer of Stock ❑ Change of License Type ❑ Management/Operating Agreement ❑ Pledge of Stock ❑ Wine&Malt to All Alcohol ❑ Change of Location ❑ More than(3)§75 ❑ Pledge of License ❑ 6-Dayto 7-Day License ❑ Change of Manager ❑ New License ❑ Seasonal to Annual ❑ Other I ^ THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town NORTH ANDOVER 1.LICENSEE INFORMATION: A.Legal Name/Entity of Applicant:(Corporation,LLC or Individual) WINE&BEER ATTHE ANDOVERS B. Business Name(if different): E - C.Manager of Record: WILLIAM BUCO D.ABCC License Number(for existing licenses only): 082600054 f E.Address of Licensed Premises'350 WINTHROP AVENUE City/Town: N.ANDOVER State: El Zip: 01845 F.Business Phone:978 686-1864 G.Cell Phone: 978 273-1854 H.Email: mcaloons123 @yahoo.com 1.Website: wvrw.wineandbeerattheandovers.com J.Mailing address(If different from E.): City/Town: F State: = Zip: 2.TRANSACTION: ❑ New License ❑ New Officer/Director ❑X Transfer of Stock ❑ issuance of Stock ❑ Pledge of Stock ❑Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ (6)Day to(7)-Day License ❑Wine&Malt to All Alcohol IMPORTANT ATTACHMENTS(1): The applicant must attach a vote of the entity authorizing all requested transactions,including the appointment of a Manager of Record or principal representative. 3.TYPE OF LICENSE: ❑ §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 General On-Premises ❑ §12 Tavern(No Sundays) ❑X §15 Package Store 4.LICENSE CATEGORY: ❑X All Alcoholic Beverages ❑ Wine&Malt Beverages Only ❑ Wine or Malt Only ❑ Wine&Malt Beverages with Cordials/Liqueurs Permit S.LICENSE CLASS: 0 Annual ❑ Seasonal 6..CONTACT PERSON CONCERNING THIS APPLICATION(ATTORNEY IF APPLICABLE) NAME: WILLIAM BUCO ADDRESS: 531 CHICKERING ROAD CITY/TOWN: N.ANDOVER STATE: MA ZIP CODE: 01845 CONTACT PHONE NUMBER: 978 682-8029 FAX NUMBER: NONE EMAIL mcaloons123 @yahoo.com 7.DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed.Please note that this must be identical to the description on the Form 43. 4,500 sq.ft.retail space;front and rear door exits-Rectangular (#342 Winthrop Avenue for 911 enhancement purposes) Total Square Footage: 4,500 sq.ft. Number of Entrances: ONE(1) Number of Exits: ONE(1) Occupancy Number: N/A Seating Capacity: N/A IMPORTANT ATTACHMENTS(2):The applicant must attach a floor plan with dimensions and square footage for each floor&room. 8.OCCUPANCY OF PREMISES: By what right does the applicant have possession and/or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS(3):The applicant must submit a copy of the final lease or documents evidencing a legal right to occupy the premises. Other: Landlord is a(n): Trust Other: Name: DELTA&DELTA REALTY TRUST Phone: 978 851-8000 Address: 875 EAST STREET City/Town: TEWI BURY State: MA Zip: 01876 Initial Lease Term: Beginning Date 01/01/2008 Ending Date 12/31/2017 Renewal Term: /0(2) �1 Options/Extensions at: FIVE(5j Years Each Rent: $67,500.00 Per Year Rent: $5,625.00 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes F� No QX IMPORTANT ATTACHMENTS(4): I.if yes,the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in§10 and must submit a completed Personal Information Form attached to this application. 2.Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3.If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate,the applicant must still provide a lease between the two entities. 9.LICENSE STRUCTURE: The Applicant is a(n): LLC T Other: If the applicant is a Corporation or LLC,complete the following: Date of Incorporation/Organization: 12/08/2006 State of Incorporation/Organization: MASSACHUSETTS Is the Corporation publicly traded? yes ❑ No ❑X 10.INTERESTS IN THIS LICENSE: List all individuals involved in the entity(e.g.corporate stockholders,directors,officers and LLC members and managers)and any person or entity with a direct or indirect,beneficial or financial interest in this license(e.g.landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS(5): A.All individuals or entities listed below are required to complete a Personal information Farm. B.All shareholders,LLC members or other individuals with any ownership in this license must complete a CORI Release Form. Name All Titles and Positions Specific#of Stock or%Owned Other Beneficial Interest WILLIAM BUCO MANAGER 50% LOUIS MINICUCCI III MEMBER 50% *if additional space is needed,please use last page. 11.EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in§10 have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑ No ❑X If yes,list said interest below: Name License Type Licensee Name&Address Please Select Please Select Please Select Please Select Please Select Please Select Please Selects *If additional space is needed,please use last page. 12.PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in§10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes XO No ❑ If yes,list said interest below: Name Licensee Name&Address Date Reason Terminated WILLAIMBUCO McCRACKENS LIQUOR&WINE,4POORST.,ANDOVER,MA 01/01/1984 Transferred Please Select Please Select 13. DISCLOSURE OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in§11 and/or§12 ever been suspended,revoked or cancelled? Yes ❑ No ❑If yes,list said interest below: Date License Reason of Suspension,Revocation or Cancellation 01/01/1982 McCRACKENS LIQUOR&WINE SUSPENSION-SALE TO MINOR 14.CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A(§15)PACKAGE STORE LICENSE ONLY: A.)For Individual(s): 1.Are you a U.S.Citizen? Yes ❑ No ❑ 2.Are you a Massachusetts Residents? Yes ❑ No ❑ B.)For Corporation(s)and LLC(s): 1.Are all Directors/LLC Managers U.S.Citizens? Yes FX_J No ❑ 2.Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑X No ❑ 3.Is the License Manager or Principal Representative a U.S.Citizen? C.)Shareholder(s),Member(s),Director(s)and Officer(s): 1.. Are all Shareholders,Members,Directors,LLC Managers and Officers involved at least twenty-one(21)years old? Yes FX� No ❑ 15.CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR(§12)RESTAURANT,HOTEL,CLUB,GENERAL ON PREMISE,TAVERN, VETERANS CLUB LICENSE ONLY: A.)For Individual(s): 1.Are you a U.S.Citizen? Yes ❑ No ❑ RJ For Corporation(s)and LLC(s) 1.Are a majority of Directors/LLC Managers NOT U.S.Citizen(s)? Yes ❑ No ❑ 2.Is the License Manager or Principal Representative a U.S.Citizen? Yes ❑ No ❑ C.)Shareholder(s),Member(s),Director(s)and Officer(s): Yes ❑ No ❑ 1.. Are all Shareholders,Members, Directors,LLC Managers and Officers involved at least twenty-one(21)years old? 16.COSTS ASSOCIATED WITH LICENSE TRANSACTION: A.Purchase Price for Real Property: 1 - B.Purchase Price for Business Assets: C.Costs of Renovations/Construction: $260,000.00 D.Initial Start-Up Costs: IMPORTANT ATTACHMENTS(6):Submit any and all records,documents and affidavits including E.Purchase Price for Inventory: $125,000.00 loan agreements that explain the source(s)of money for this transaction.Sources of cash must F.Other:(Specify) -� include a minimum of three(3)months of bank statements. 6:TOTAL COST $385,000.00 H.TOTAL CASH �^ 1.TOTAL AMOUNT FINANCED $400,000.00 The amounts listed in subsections(H)and(1) must total the amount reflected in(G). 17.PROVIDE A DETAILED EXPLANATION OF THE FORM(S)AND SOURCE(S)OF FUNDING FOR THE COSTS IDENTIFIED ABOVE(INCLUDE LOANS,MORTGAGES,LINES OF CREDIT,NOTES, PERSONAL FUNDS,GIFTS): BUSINESS LOAN(PROMISSORY NOTE-$400,000.00)FROM RIVER BANK,SECURED BY COMMERCIAL GUARANTY *If additional space is needed,please use last page. 18.LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH"TOTAL AMOUNT FINANCED"NOTED IN SUB-SECTIONS 16(l) WILL DERIVE: A. Name Dollar Amount Type of Financing RIVER BANK $400,000.00 COMMERCIAL LOAN additional space is needed,p ease use ast page. B.Does any individual or entity listed in§19 as a source of financing have a direct or indirect,beneficial or financial interest in this license or any other license(s)granted under Chapter 138? Yes ❑ No Q If yes,please describe: 19.PLEDGE:(i.e.COLLATERAL FOR A LOAN) A.)Is the applicant seeking approval to pledge the license? ❑ Yes ❑ No 1.If yes,to whom: 2.Amount of Loan: 3.Interest Rate: 4.Length of Note: 5.Terms of Loan: B.) If a corporation,is the applicant seeking approval to pledge any of the corporate stock? ❑Yes ❑ No 1.If yes,to whom: 2.-Number of Shares: C.)Is the applicant pledging the inventory? ❑Yes ❑ No If yes,to whom: IMPORTANT ATTACHMENTS(7):If you are applying for a pledge,submit the pledge agreement,the promissory note and a vote of the Corporation/LLC approving the pledge. 20.CONSTRUCTION OF PREMISES: Are the premises being remodeled,redecorated or constructed in any way?If YES,please provide a description of the work being performed on the premises: ❑ Yes ❑ No 21.ANTICIPATED OPENING DATE: OPENED OCTOBER,2008 IF ALL OF THE INFORMATION AND ATTACHMENTS ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED APPLICANT'S STATEMENT I, IWILLIAM BUCO theflsole proprietor;E] partner;❑ corporate principal; N LLC/LLP member Of WINE&B.EER_AT THE ANDOVERS,LLC hereby submit this application for sroCKTRANSFER (hereinafter the "Application"),to the local licensing authority(the"LLA")and the Alcoholic Beverages Control Commission (the"ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application,and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. i further submit the following to be true and accurate: (1) 1 understand that each representation in this Application is material to the Licensing Authorities'decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending,I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery,storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the- Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions,including the revocation of any license for which the Application was submitted;and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: Date: FEBRUARY=X ,2013 Title: MANAGER The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.gov abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1.LICENSEE INFORMATION: B.Business Name(dba) WINE&BEER AT THE ANDOVERS A.Legal Name of Licensee WINE&BEER AT THE ANDOVER D.ABCC License Number 082600054 C.Address 50 WINTHROP AVENUE (If existing licensee) E.City/Town NORTH ANDOVER State MA Zip Code 01845 F.Phone Number of Premise 978 686-1864 G.EIN of License 2. PERSONAL INFORMATION: A.Individual Name LOUIS P.MINCUCCI III B.Home Phone Number 978 799-8947 C.Address 90 REA STREET D.City/Town NORTH ANDOVER State MA Zip Code 01845 E.Social Security Number F.Date of Birth 05/26/1983 G.Place of Employment MINCO CORP,N.ANDOVER,MA 3. BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? Yes ❑ No ❑x If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charges occurred as well as the disposition of the convictions. 4.FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. OWNER/MEMBER IMPORTANT ATTACHMENTS(8):For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash. 'cif additional space is needed,please use the last page I hereby swear under t rns and pens perjury that the information l have provided in this application is true and accurate: Signatur Date �� Title OWNER/MEMBER (if Corporation/LLC Representative) Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street,First Floor Boston,MA 02114 STEVENGROSSMAN KIMS.GAEMORO,ESQ TREASURER AND RECEIVER GENERAL CORI REQUEST FORM CHAIRMAN The Alcoholic Beverages Control Commission has been certified by the Criminal History Systems Board to access conviction and pending Criminal Offender Record Information.For the purpose of approving each shareholder,owner,licensee or applicant for an alcoholic beverages license,I understand that a criminal record check will be conducted on me,pursuant to the above.The information below is correct to the best of my knowledge. ABCC LICENSE INFORMATION ABCCNUMBER: 8260D054 UCENSEENAME: WINE&BEER AT THE ANDOVERS,LLC CITY/TOWN: N.ANDOVER (IFEXISINGUCENSEE] APPLICANT INFORMATION LAST NAME: MINICUCCI III FIRST NAME: LOUIS MIDDLE NAME: PAUL MAIDEN NAME ORALIAS(IFAPPUCABLE): I PLACE OF BIRTH: LAWRENCE,MA DATE OF BIRTH: 05/26/1983 IL"SSN: + ID THEFT INDEX PIN(IFAPPUCABLE): MOTHER'S MAIDEN NAME: McCABE DRIVER'S LICENSE#:Is I58416183 STATE UC.ISSUED: Massachusetts GENDER: MALE HEIGHT: tO WEIGHT: 170 EYE COLOR: BROWN CURRENT ADDRESS: 90 REA STREET CITY/TOWN: N.ANDOVER �^ STATE: MA ZIP: 01845 FORMER ADDRESS: 1785 GREAT POND ROAD CITY/TOWN: N.ANDOVER STATE: MA ZIP: 01845 PRINTANDSIGN PRINTED NAME: LOUIS P.MINICUCCI III APPLICANT/EMPLOYEE SIGNATURE:` NOTARYINFORMATION �[ On this )-6 , v�� before me,the undersigned notary public,personally appeared ii1�roc�r K,:EL (name of document signer),proved tome through satisfactory evidence of identification,which were to be the person whose name is signed on the preceding or attached document,and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. NOTARY NANCY E. UCA-1 0 N00Y Put1110 DIVISION USE ONLY om m""O Jc#uawAitifte� REQUESTED BY, ��MREOF C0RVAUJRZA=99P15M fk)iq¢1t.t1�2Q98 The DOI Identify Theft Inds PIN Number k to he mmpleted by those epplIcant,that have been blued so identity Then PIN Numbar by the DOI.Certified.gentles am mqulmd to p—Ide aft eppllmnts the opportunity to Indwie this information to enaum the emuncy M the CORI request pmmss, ALL CM—Past farts Mat indude thb Ndd an nqulntlto hasuhmRted to Ne Dt11 via rneR or byfae fo(617)666{614 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 iyww.mass..UylabCc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1.LICENSEE INFORMATION: B.Business Name(dba) WINE&BEER AT THE ANDOVER A.Legal Name of Licensee WINE&BEER AT THE ANDOVER D.ABCC License Number 082600054 C.Address 35QW[NTHROP AVENUE (If existing licensee} E.City/Town N.ANDOVER State MA Zip Code 01845 F.Phone Number of Premise 978 686-1864 G.EIN of License 2. PERSONAL INFORMATION: A.Individual Name WILLIAM BUCO B.Home Phone Number 978 687-7004 C.Address 465 CHESTNUT STREET D,City/Town NORTH ANDOVER State MA Zip Code 01845 E.Social Security Number F.Date of Birth 01/25/1951 G.Place of Employment McCRACKENS LIQUORS AND WINE,N.ANDOVER,MA 3, BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? Yes ❑ No 0 If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charges occurred as well as the disposition of the convictions. 4.FINANCIAL INTEREST: Provide a detailed description of your direct or Indirect,beneficial or financial interest in this license_ 50%OWNER IMPORTANT ATTACHMENTS(8):For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash. *If,additional space is needed,please use the last page I hereby swear under gins and penalties of perjury that the information I have provided in this application is true and accurate: Signature Date FEBRUARY'�1,2013 Title OW ER/MEMBER (If Corporation/LLC Representative) Commonwealth of Massachuselts Alcoholic Beverages Control Commission 239 Causeway Street,First Floor Boston,MA 02114 STEVEN GROSSMAN KIM S.GAINSBORO,ESQ. TREASDRER AND RECEIVER GENERAL CORI QUEST FORM CFIA7RMAN The Alcoholic Beverages Control Commission has been certified by the Criminal History Systems Board to access conviction and pending Criminal Offender Record Information.For the purpose of approving each shareholder,owner,licensee or applicant for an alcoholic beverages license,I understand that a criminal record check will be conducted on me,pursuant to the above.The information below is correct to the best of my knowledge. ABCC LICENSE INFORMATION ABCCNUMBER: $2fi00054 LICENSEE NAME: WINE&BEER AT THE ANDOVERS,LLC CITY/TOWN. N.ANDOVER OF EXISnNG LICENSEE) APPLICANT INFORMATION LAST NAME: BUCO FIRST NAME: WILLIAM MIDDLE NAME:IS. MAIDEN NAME OR ALIAS(IF APPLICABLE): PLACE OF BIRTH: LAWRENCE,MA DATE OF BIRTH: 01/25/1951 SSN: ID THEFT INDEX PIN(IF APPLICABLE): MOTHER'S MAIDEN NAME: SOMMA DRIVER'S SS LICENSE*NS�E* 26981501 � STATE LIC.ISSUED: Massachusetts GENDER: MALE I HEIGHT: IS I �� WEIGHT: [180= EYE COLOR: BROWN CURRENT ADDRESS: 465 CHESTNUT STREET CITYITOWN: N.ANDOVER, STATE: MA ZIP: 01845 FORMER ADDRESS: RALEIGH TAVERN LANE CITY/TOWN: N.ANDOVER STATE: MA ZIP: 01$45 PRINTANDSIGN PRINTED NAME: WILLIAM BUCO APPLICANT/EMPLOYEE SIGNATURE: NOTARYINFORMATION On this before me,the undersigned notary public,personally appeared (name of document signer),proved tome through satisfactory evidence of identification,which were I to be the person whose na a is si ned an the preceding or attached document,and acknowledged to me that(he)(she)signed it voluntarily for its stated purpose. _ ALVSSA K.SNOW Notary Public Mgiachucetts V NOTARY ay 73, DIVISION USEONLY REQUESTED BY: `. WWW0FCDRI,AUTH0RJMDLWL0 'lire Dot Identify Then Ir�det PIN Number Is to be completed by those applim—that hate been Issued an Identihy 7h"t PIN Number by the D9[erdfled neodm tm mgWmd to proAde all•ppll—u the opportunity to Induce thls Irdmo—tion to ensure the an—cy of the CORE request pfocess.ALL COW mq—t fe—tMt hrdttade this ftetd art requlndto Im rub t tedmthe M1 Nla maR or bytm toja?)6bp16U. Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street,First Floor Boston,MA 02114 PETITION FOR TRANSFER OF OWNERSHIP p82600054 NORTH ANDOVER ABCC License Number City/Town The licensee WINE&BEER AT THE ANDOVERS,LLC and the proposed transferee WINE&BEER AT THE ANDOVERS,LLC respectfully petition the Licensing Authorities to approve the following transfer of ownership. Is the PRESENT licensee a Corporation/LLC duly registered under the laws of the Commonwealth of Massachusetts? ❑X Yes ❑ No If YES,please list the officers,directors and stockholders,their residences,and shares owned byeach. Name Title Address Stock or%Owned WI WAM BUCO MANAGER/MEMBER 465 CHESTNUT STREET,N.ANDOVER,MA 33.34% LOUIS P.MINICUCCI III MEMBER 90 REA STREET,N.ANDOVER,MA 3333% SAMUEL J.CONTE MEMBER 18 SETEN CIRCLE,ANDOVER,MA 33.33% 1 T i Is the PROPOSED transferee a Corporation/1-1-C,duly registered under the laws of the Commonwealth of Massachusetts? ❑X Yes ❑ No If YES,please list the officers,directors and stockholders,their residences,and shares owned by each. TO: (Place an*before the name of each DIRECTOR/LLC Manager.) Name Title Address Stock or%Owned WILLIAM BUCO MANAGER/MEMBER 465 CHESTNUT STREET,N.ANDOVER,MA 50% LOUIS MINICUCCI III MEMBER 90 REA STREET,N.ANDOVER,MA 50% The above named proposed transferee hereby joins in this petition for transfer of said license. SIGNATURE OF LAST-APPROVED LICENSEE: (If a Corporation/LLC,by its authorized representative) Date Signed 02/� 013 SIGNATURE OF PROPOSED TRANSFEREE: UNANIMOUS WRITTEN CONSENT OF THE MEMBERS OF WINE&BEER AT THE ANDOVERS,LLC A MASSACHUSETTS LIMITED LIABILITY COMPANY This Unanimous Written Consent of the Members of Wine & Beer at the Andovers, LLC (the "Company"), is made as of the 31" day of December, 2012, in accordance with the Laws of the Commonwealth of Massachusetts. WHEREAS, Samuel J. Conte II(the"Assignor"), as holder of a 33.33% membership interest in and to the Company, desires to sell and transfer all of his right, title and membership interest in the Company back to the Company; and WHEREAS,the Company has agreed to buy back all of Assignor's right,title and interest in the Company, NOW THEREFORE,the undersigned Members of the Company hereby consent to the following resolutions of the Company: RESOLVED, that the Company is hereby authorized to enter into that certain Membership Interest Transfer Agreement (the "Transfer Agreement") dated December 31,2012, on the terms and conditions set forth therein;and be it further RESOLVED,that the Company is hereby authorized to buy back from Assignor, all of Assignor's right, title and interest in the Company, including Assignor's 33.33 % membership interest in the Company, as provided in the Transfer Agreement, and be it further; RESOLVED, that the Company is authorized to execute and deliver for and in the name of the Company such other documents, and to take any and all such further actions as he deems appropriate to accomplish the transfer of Assignor's Membership Interest, and to obtain all of the requisite approvals in connection with said transaction, and to take all actions contemplated to be undertaken by the Company under the Transfer Agreement,and to carry out the matters hereby authorized, and be it further RESOLVED,that the Company is authorized to enter into that certain Retail Alcoholic Beverages License Application(the"Liquor License Application"),to obtain the requisite approvals by the City of North Andover,and by the Alcoholic Beverages Control Commission of the Commonwealth of Massachusetts,to the transfer of Assignor's 33.33 %membership interest in the Company, and the Company's Retail Package Store License#082600054. 1 SIGNATURE PAGE#1 FOR UNANIMOUS DO �L CONSENT TS THE MEMBERS OF WINE &BEER AT THE MANAGER MEMBER: LOUIS P.MJMCUCCI III MEMBER: WILLIAM BUCO MEMBER: SAMUEL J. CONTE H COMPANY: WINE&BEER AT THE ANDOVERS,LLC By/will Manager Varn Wine&Beer at the Andovers Stock Transfer Unanimous Consent / F 2 TOWN OF NORTH ANDOVER, MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 IN Tel:978-683-3168 To: Karen Fitzgibbons From: Lt.John Carney RE: Beer&Wine at the Andovers—Stock Transfer Date: March 29, 2013 The Police Department recommends favorable action on the request from Beer&Wine at the Andovers, LLC to transfer stock as outlined in the application. TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Andrew Melnikas Fire.Chief �_ ° � Telephone (978)688-9593 • ry ~ -' xi FAX (978)688-9594 Lt, F. McCarthy o `•a °=�,r,p..� 5 amelnikasCtowngfhorthandover.com Fire Prevention Officer �ssgcH�se�` fmccai-thy(c�town a fn o rthan dover.com Town Clerks Office 120 Main St. North Andover,Ma March 29,2013 Karen, The Fire Department recommends favorable action for a Transfer of Stock License for the license holder, Wine and Beer at the Andover's LLC. Thank you, Fred McCarthy Fire Prevention Fitzgibbons, Karen From: Brown, Gerald Sent: Monday, March 25, 2013 1:48 PM To: Fitzgibbons, Karen Subject: RE: Transfer of Stock-Liquor License Karen The Building Dept has no issues From: Fitzgibbons, Karen Sent: Monday, March 25, 2013 10:38 AM To: Carney,John; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Maylor, Andrew Subject:Transfer of Stock- Liquor License Good Morning All, Attached please find an application from Wine&Beer at the Andovers, LLC for a Transfer of Stock. Basically,the ownership will be reduced from 3 people to 2 people,and ABCC requires this application. I will need your recommendations by no later than Tuesday,April 2nd in order to be prepared for the April 8`h BOS/Licensing Commission meeting. Thank you for your co-operation. Karen Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to:ham://www.see.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 t10RTF/ Joyce A. Bradshaw,CMMC �?b Telephone(978)688-9501 Town Cler/c, . * FAX(978)688-9557 s � • � 'fq Pe.rP FS49 SSACHLL`��' 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 DATE: April 2,2013 SUBJECT: Wine&Malt to All Alcohol Package Store Attached please find an application from Angela Paolini seeking approval for the transfer of her current Wine&Malt Package Store License to an All Alcoholic Package Store License. The business name is LaBottega, LLC, and is located at 1820 Turnpike Street, Stonewall Plaza, North Andover, MA. This application is the result of Article 13 of the June 12, 2012 Annual Town Meeting, which passed the House and Senate, and was signed by the Governor on January 9,2013. Upon issuance of the All Alcoholic Beverages License,the recipient will surrender to the Town Clerk's Office the existing Wine&Malt Beverages License. The legal notice was posted in the Eagle Tribune on March 21, 2013 and the abutters have been notified. The fees have been paid, and included in this memo are favorable recommendations from the Police Department, Fire Department and Building Inspector. If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw. Thank you. rt ]Arit1 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 uvwsw.�rass. oo�/alac•c� RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE,PRINTED, SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AU HORIT-Yo ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER 1459 IF USED EPAY,CONFIRMATION NUMBER A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) 002600061 LICENSEE NAME La Bottega,LLC ADDRESS 1820 Turnpike Strut Suite 103 CITY/TOWN North Andover STATE Ma ZIP CODE 02845 TRANMCTI N TYPE(I?Ieaas ehesek all_r®(mva,lLfi tr ns etions). Alteration of Licensed Premises [j Cordials/Liqueurs Permit [ New Officer/Director M Transfer of License Change Corporate Name Issuance of Stock New Stockholder Transfer of Stock Change of License Type Management/operating Agreement Pledge of Stock Wine&Malt to All Alcohol Change of Location Q More than(3)§15 [ Pledge of License E] 6-Day to 7-Day License Change of Manager New License 0 Seasonal to Annual Other ✓� �m ��_ , ..____ -. ,_.� THE LOCAL LICENSING Ate WHOM T Y MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORT�NG DOCUMENTS TO; ALCOHOLIC BEVERAGES CONTROL COMMISSION P. 0. BOX 3396 BOSTON, MA 02241-3396 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town North Andover 1.LICENSEE INFORMATION: A.Legal Name/Entity of Applicant;icorporation,LLC or individual) La Bottega, LLC B.Business Name(if different),, C, Manager of Record: Angela Paolini L?.,ABCC License Number(for existing licenses only) ; 0826000 61 L.Address of Licensed Premises Elm Turnpike Street Ste 108 City/Town North Andover State; MA Zip: 01845 F.business Phone;978-975-7575 G.Cell Phone; 617-$96-3847 H.Small: gibellina7O @yahoo.com I.Website: J.Maillns address(If differentfrom r,): City/Town: Mate-: zip: !-TRANSACTION: New License New Officer/Director Transfer of Stock Q Issuance of Stock Pledge of Stock 0 Transfer of License Ej New Stockholder Management/operating Agreement Pledge of License The following transactions must be processed as new licenses; Ej Seasonal to Annual [] (6)[lay to(7)-Day License p Wine&Malt to All Alcohol iMI'OR 6AN'r A17A,CHMENTS(:t): The applicant must attach a vote of the entity authorizing all requested transactions,Including the appointment of a Manager of Record or principal representative. 3.TYPE OF LICENSE, S12 Restaurant Ej ca12 Motel ( §12 Club S12Veterans Club ] §12 General On-Premises X12 Tavern(No Sundays) 15 Package Store 4, LICENSE CATEGORY: All Alcoholic Beverages [] Wine&Malt Beverages Only Q Wine or Malt Only Q Wine&Malt Beverages with Cordials/Liqueurs Permit S.LICENSE CLASS: Annual Seasonal 6,CONTACT PERSON CONCERNiNG THIS APPLICATION(ATTORNEY IF APPLICABLE) NAME: Angela Paolini ADDRESS: 1820 Turnpike Street STATE: CITY/TOWN: North Andover t= MA. ._ 018 ZIP COD 45 E: - _--506 334 - - - _ - CONTACT PHONE NUMBER: 1617 7 FAX NUMBER: EMAIL:[g:beIIina70@yahoo,corn 7.DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed,please note that this must be identical to the description on the Form 43. The promises consist of 1610 sq. Front entrance is located at 1320 Turnpike Street North Andover,MA rear exit directly in back of bldg. Promises contains walk in fridge,wine racks,a beverage fridge,a freezer a fridge a stove and sinks. Total Square Foote 1610 Footage: Numberof Entrances 1 _ _..._. ._ g T� y Number of Exits: 2 _. Occupancy Number; 630-2011 Seating Capacity: N/A T IMPOR I ANT art ACHN1ENTS 2) The applicant must attach a floor plan with dimensions and square footage for each floor&room, $.OCCUPANCY OF PREMISES, By what right does the applicant have possession and/or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS(3): The applicant mint submit a copy of the find base or documents evidencing a _......, legal right to occupy the premises, Other; T Landlord is a(n): LLC Other: Name: Giuseppe and Sons Management, LLC V_ l Phone; 197 8-777-8007 Address; 325 North Main Street City/Town Middleton - — State: MA Zip: 015x9 Initial Lease Term: Beginning Date 07/01/2011 Ending pate 06/30/2016 Renewal Terms 5 years Options/Extensions at: T Years Each Rent: $95.943.00 Per Year Rent: 1$21995.25 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alccahol sales? Yes Q No Pg iiViPORTANT ATTACHiviFNT55(4): 1,If yeas,the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed In§10 and must submit a completed Personai information Form attached to this application. 2,Entity formation documents for the Landlord entity must accompany the application to confirm the Individuals disclosed. 3.If the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate,the applicant must still provide a lease between the two entities, LICENSE The Applicant is a(n): LLC ether If the applicant is a Corporation or LLC,complete the following: pate of Incorporation/Organization: r..__ October 21,2010 State of Incorporation/Organization: MA Is the Corporation publicly traded? Yes [3 No 10. INTERESTS IN THIS LICENSE; List all Individuals Involved In the entity(e.g.corporate stockholders,directors,officers and LLC members and managers)and any person or entity with a direct or indirect,beneficial or financial interest in this license(e.a,landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS(5): A,All Individuals or entities listed below are required to complete a F er�oi!�l inform�itign Form. B,All shareholders,LLC members or other Individuals with any ownership in this license must complete a cOR1 Release Form_ Name All Titles and Positions Specific#of Stock or%Owned Other Beneficial interest Angela Paolini Manager 100% *'if additional space is needed,please use last page_ 11.EXISTING INTEREST IN OTHER LICENSES: Does any individual listed In§10 have any direct or Indirect,beneficial or financial Interest in any other license to sell alcoholic beverages? Yes No If yes, list said Interest below: Name License Type Licensee Name&Address Angela Paolinl §15 Package Store La Bottega,LLC 1520 Turnpike Street North Andover MA 01845 Please Select Please Select Please Select Please Select Please Select Please Select 'If additional space is needed,please use last page. 12,PREVIOUSLY MELD INTERESTS IN OTHER LICENSES; Has any individual listed In§10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect,beneficial or financial Interest in a license to sell alcoholic beverages,which Is not presently held? Yes No If yes,list said interest below; Name Licensee Name S Address Rate Reason Terminated Please Select Please Select [ —Please Select 13.DISCLOSURE OF LICENSE DISIPLINARY AC'T'ION; Have any of the disclosed licenses to sell alcoholic beverages listed In§11 and/or§12 ever been suspended,revoked or cancelled? Yes No 0 I yes,list said interest below; Rate License Reason of Suspension,Revocation or Cancellation 14,CITIZENSHIP AND RESIDENCY REQUIREMENT'S FOR A(§15)PACKAGE STORE LICENSE ONLY: A.)For Individual(s): I.Are you a U,S.Citizen? Yes ( No 2,Are you a Massachusetts Residents? Yes No I},)For Corporation(s)and LLC(s); 1,Are all Directors/LLC Managers U.S.Citizens? Yes ] No 2.Are a majority of Directors/LLC Managers Massachusetts Residents? Yes [ No 1 Is the License Manager or Principal Representative a U.S.Citizen? C,)Shareholder(s),Member(s),Directors)and Officer(s); 1., Are all Shareholders,Members, [directors,LLC Managers and Officers Involved at least twenty-one(21)years old? Yes No 15.CITIZENSHIP AND RESIDENCY REQUIREMENTS FQR(§12)RESTAURANT,HOTEL,CLUB,GENERAL-60A WiiijAVER VETERANS CLUB LICENSE ONLY: A.)For individual(s); 1,Are you a U,S,Citizen? Yes L] No B,)For Corporation(s)and LLC(s) 9.Are a majority of Directors/LLC Managers U.S.Citizen(s)? Yes No 2.Is the License Manager or Principal Representative a U.S.Citizen? Yes No C.)Shereholder(s),Member(s),Director(s)and Officer(s): || |� 16,COSTS ASSOCIATED WITH LICENSE TRANSACTION: A, Purchase Price for Real Property; $0,00 B. Purchase Price for Business Assets: C.Costs of Renovations/Construction, D. Initial Start-Up Costs: IMPORTANT ATTACHMENTS(6) Submit any and [-__11__11 all records, documents and affidavits Including E, Purchase Price for Inventory: $0.00 loan agreements that explain the source(s)of ----------- money for this transaction,Sources of cash must F.Other,(Specify) Include a minimum of three(3)months of bank G.,TOTALCOST [$0.00 statements. 1.TOTAL AMOUNT FINANCED [$0-00 The amounts listed In subsections(H)and(1) must total the amount reflected In(G). 17,PROVIDE A DETAILED EXPLANATION OF THE FORM(S)4N'O'tbURCE(S)OF FUNDING FOR THE COSTS IDENTIFIED ABOVE(INCLUDE LOANS, MORTGAGES, LINES OF CREDIT, NOTES, PERSONAL FUNDS,GIFTS), *qaddit.fonal space is needed, ple-Lise use last pa[e. 18, LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH "TOTAL AMOUNT FINANCED"NOTED IN SUB-SECTIONS 16(l) WILL DERIVE; A. Name Dollar Amount Type of Financing R,Dge4 any individual or entity listed in§19 as a source of financing have a direct or Indirect,beneficial or financial interest In this license or any other license(s)granted under Chapter 138? Yes No If yes,please describe: || U 19.PLEDGE:(i,e,COLLATERAL FOR A LOAN) ------ A)Is the applicant seeking approval to pledge the license? Yes No 1.If yes,to whom; 2.Amount of Loan: 3.Interest Rate: 4.Length of Note S.Terms of Loan; B,) If a corporation,Is the applicant seeking approval to pledge any of the corporate stock? Yes No 1.If yes,to whom; 2.Number of Shares- C, ) Is the applicant pledging the Inventory? C] Yes No If yes,to whom: IMPORTANT ATTACHMENTS(7):If YOU are applying for a pledge,submit the pledge agreement,the promissory note and a vote of the Corporation/LLC approving the pledge, '26—.C"TRIJ-011ON OF PREMISES: Are the premises being remodeled,redecorated or constructed In any way?f YES,please provide a description of the work being performed on the premises; Yes 0 No 21,ANTICIPATED OPENING DATE: ALL OF THE INFORMATION AND ATTACHMENTS-)' ARE NOT COMPLETE THE APPLICATION WILL BE RETURNED APPLICANT'S STATEM914T 1, Ar eia PagAnl theOsole proprietor;lj partner;0 corporate principal; X LLC/LLP member of `a eattega,GlC , hereby submit this application for J (hereinafter the "Application"),to the local licensing authority(the"LLA")and the Alcoholic Beverages Control Commission(the "ABCC"and together with the LLA collectively the"Licensing Authorities")for approval. I do hereby declare under the pains and penalties of penury that I have personal knowledge of the Information submitted in the Application,and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate; (1) 1 understand that each representation In this Application Is material to the Licensing Authorities'decision on the Application and that the Licensing Authorities will rely on each and every answer In the Application and accompanying documents In reaching Its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change In the Information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result In disapproval of the Application; (4) l understand that upon approval of the Application,I must notify the Licensing Authorities of any change in the Application Information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result In sanctions Including revocation of any license for which this Application Is submitted; (S) 1 understand that the licensee will be bound by the statements and representations made In the Application, including, but not limited to the Identity of persons with an ownership or financial interest In the license; (B) 1 understand that all statements and representations made become conditions of the license; (T) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery,storage,or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (B) 1 understand that the licensee's failure to operate the licensed premises In accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted;and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application Is submitted. Signature: Date: Title: Manager�__�_ The Commonwealth of Massachusetts Alcoholic Beverages Control Commission _ 239 Causeway Street Boston,MA 02114 L,^ww��.i�xcass. ovlcape€° PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. 1.LICENSEE INFORMATION,- -- -- - - - - ____.._. _.__..._. g,Business Name(dba) A,Legal Name of Licensee L(-,-I-'l Bottega,LLC - --- - - - 0,ABCC License Number 082600061 C.Address 1820 Turnpike Street Suite 105 (If existing licensee) - - ---- _ . — --- E,City/`Fown North Andover State MA Zip Code 01845 F,Phone Number of Premise L978-975 97575 _ C.EIN of License 273719552 2, PERSONAL INFORMATION: A,individual Name =�n�e 8,Home Phone Number 617-$87 7021 C.Address 22 Sherman Street Q,city/Town Everett State MA Zip Code 02149 E.Social Security Number 023-46 5905 F. pate of Birth 09/14/1954 Via,Place of Employment La Bottega,LLC 1820 Turnpike Street North Andover MA 01845 S. BACKGROUND INFORMATION Have you ever been convicted of a state,federal or military crime? Yes No Q If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions, The affidavit must Include the city and state where thg r d1i llgs,$ di i n e i Q, FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial Interest in this license, I'm the owner and Manager of the Wine&Beer Store La Bottega located in North Andover Ma and I'm looking to grow my business I RPORTANT ATTACHMENTS(8):For all cash contributions,attach last(fj months of-ban,k statements for the source(s)of this cash, *If additional space Is needed,please use the test page i hereby swear under the pains and penalties of perjury that the information 1 have provided in this application is true and accurate: e Signature A i Iy, ( Date �,/ � The Commonwealth of Massachusetts Alcoholic Beverages Control Commission _ 239 Causeway Street Boston,MA 02114 = r��v aeP.�rtass.ger�lca�cc MANAGER APPLICATION All proposed managers are required to complete a Personal InforMation Eg rm, and attach a copy of the corporate vote authorizing this action and appointing a manager, 1. LICENSEE INFORMATION: Legal Name of Licensee: La Bottega,LLC ._v_ _.___._..__. ., Business Name(dba); Address: 20 Turnpike Street Suite 105 City/Town; North Andover State; MA tip Code; 01 BAS ABCC License Number: Phone Number of Premise, 978=975-7575 (if existing licensee) 2. MANAGER INFORMATION: A, Name: Angela Paollni B.Cell Phone Number: 67- 33�F7 C, List the number of hours per week you will spend on the licensed premises: SD J CITIZENSHIP iNFORMATION: A.Are you a U.S.Citizen: Yes No B.Data at Naturaliaatian; C.Court of Nsturali anon; 00Bton MA (Submit proof of citizenship and/or naturalization such at US Passport,Voter's certificate,Birth Certificate or Naturalization papers) 4. BACKGROUND INFORMATION: A. Po you now,or have you ever,held any direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages? Yes N No E] If yes,please describe, I'm the owner of the Wine&Beer Store that I'm currently applying for an all alcoholic license 9, Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended,revoked or cancelled? Yes No If yes,please describe: I'm currently the manager of La Bottega,LLC Wine&Beer in North Andover MA C.Have you ever been the Manager of Record of a license that was issued by this Commission? Yes No If yes,please describe; Yes La Bottega,LLC D. Please list Your employment for the past ten years(Dates,Position, Employer,Address and Telephone): 06/30/1998 Payroll Aden.At Boston Culinary Group$�C=bridgc Pkwy Cmubridgc,MA 02142 ph 617-499-2700 I hereby swear under the pains and penolt of pflyury that the information I have provided in this application is true and accurate: Signature v �� . ' Date I TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 µORTN Rosemary Connelly Smedile, Chairman William F.Gordon r° n Telephone(978)688-9500 Donald B.Stewart x * FAX(978)688-9557 Richard M.Vaillancourt Tracy Watson S�cHUSe Eagle Tribune North Andover, MA 01845 March 19, 2013 Please publish the following legal ad in the Eagle-Tribune soonest: Town of North Andover Licensing Commissioners Public Hearing Notice Notice is hereby given that under Massachusetts General Laws Chapter 138, Article 13 of June 12,2012 Annual Town Meeting and adopted Chapter 436 of the Acts of 2012 approved on January 9, 2013: the North Andover Licensing Commissioners will hold a public hearing on Monday,April 8, 2013 at 7:00 p.m. at the Board of Selectmen's Meeting Room, 120R Main Street,god floor, North Andover, MA, on the application received from LaBottega, LLC, 1820 Turnpike Street,North Andover, MA., for an All Alcoholic Beverages License—Package Store. Rosemary Connelly Smedile, Chairman Licensing Commissioners Very truly yours, Karen A. Fitzgibbons, � M1, Assistant Town Clerk j /kaf 1 Bill T e 1 0 own Clerk's s Office 120 Main Street North Andover, MA 01845 3 . Tel: 978-688-9501 f ti„ Abutter to Abutter( X ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Ustinn Subiect Property., MAP PARCEL Name Address 106.D 46 Stonewall Plaza,LLC 1820 Turnpike Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 106.D 45 John Hagerty 120 Main Street,North Andover,MA 01845 106.D 47 Jean Proulx 1812 Turnpike Street,North Andover,MA 01845 1060 63 Berry/114 Company,LLC 51 Mount Joy Drive,Tewksbury,MA 01876 This certifies that the names appearing on the records of the Assessors.-Office as of d-i 2ci Z Certifiers b Date " TOWN OF NORTH ANDOVER,MASSACHUSETTS Police Department 1475 Osgood Street North Andover,MA. 01845 Tel:978-683-3168 To: Karen Fitzgibbons From: Lt.John Carney RE: La Bottega Date: March 29,2013 The Police Department recommends favorable action on the request from La Bottega to change their license type from wine and malt to all alcohol as outlined in the application. TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 ,4ORTN Andrew Melnikas °f,.,..o 1,1a °0 Telephone(978) 688-9593 Fire Chief ° p FAX (978) 688-9594 Lt, F. McCarthy w"� t 4 4 amelnikas("c�.townofiiorthandover.com Fire Prevention Officer "SSACNUSE� fmccarth ihy�townofnorthand over.coin Town Clerks Office 120 Main St. North Andover,Ma March 28,2013 Karen, The Fire Department recommends favorable action for a full liquor license for LaBottega LLC 1820 Turnpike St.North Andover. Thank you, Fred McCarthy Fire Prevention Fitzgibbons, Karen From: Brown, Gerald Sent: Monday, March 25, 2013 4:15 PM To: Fitzgibbons, Karen Subject: RE:All Alcoholic License The Building Dept has no issues From: Fitzgibbons, Karen Sent: Monday, March 25, 2013 3:59 PM To: Carney,John; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Maylor, Andrew Subject: All Alcoholic License Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For more information please refer to;httl):/iwww,sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 1 Old Business 2013 TOWN OF NORTH ANDOVER MASSACHUSETTS F r., 3 Y� Y. 2013 ANNUAL TOWN MEETING WARRANT AND FINANCE COMMITTEE REPORT NORTH ANDOVER CITIZENS The Town of North Andover wishes to take those steps that are necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and/or services. If you need any of the auxiliary aids or services;identified in the "Americans With Disabilities Act" in order,to participate at Town Meeting, please contact the Town Clerk's Qffice,at 978-688-9502. Thank-you!, , Voters will be checking in by last naiiie. You will be giv�en a Town Meeting Voting card and you need thisto be able�'to vote. You"will have had to be registered to vote by Wednesday, May 1, 2013. All voters who have registered to vote as oUtl at date will'be,'eligible to vote at the May 21, 2013 Annual Town Meeting."'Yo @,may cal -the Town Clerk's Office at 978-688-9502 to verify voter, status` or,request a voter registration form. Non-voters must sign in, display a non-voter pin and sit in a designated section. If you require'handicapped"parking access or need special parking accommodations please call the Town Clerk's Office for special arrangements We will: make any arrangements available to assist with warrants and participation in our Town Meeting. Please do not hesitate to call us at 978-688-9502,/or e-msi1 O bradshaw @townofnorthandover.com). 2 4. 2013 ANNUAL TOWN MEETING WARRANT Annual Town Meeting 1VIay 21, 2013 � 7OOP.M. North Andover'High School 430 Osgood Street 3 10RTN q 4y9 a 4y r* SS4CHUSES ANNUAL FINANCE COMMITTEE REPORT TO VOTERS "The North Andover Finance Committee, constituted as required by Massachusetts law and the North Andover Home Rule Charter, consists of a diverse group of citizens appointed by the Town Moderator to learn about, explain, and make recommendations on all 'aspects of municipal finance on behalf of the Town's residents." 4 TOWN MODERATOR'S REPORT NORTH ANDOVER TOWN MEETING SIMPLIFIED RULES OF PARLIAMENTARY PROCEDURE The purpose of Town Meeting is to establish and update the By-laws,operational policies, budgets and land use rules that govern our Town. North Andover's Open Town Meeting has been in force as our form of government since 1646. It represents the purest form of democracy in that every vote truly counts. Each registered>voter is"guaranteed an equal voice in the decisions made by the Meeting. In order to protect the sanctity of that vote, the North Andover Town Charter empowers the Town'MoIderator to establish the rules of Procedure under which Town Meeting is to be conducted. These rules arehistorically based on the traditions established by generations of North Andover citizens and by.other New England communities, acting as legislators of their local governments. Specific parliamentary rulings and conduct are governed) by the Moderator, using Massachusetts General Laws, the North Andover Charter, North Andover By-Laws, and local tradition as a guideline. The well-known ``,Roberts' Rules"_are not applied and have no bearing on conduct of the meeting. Past Moderators have also utilized the book "Town Meeting Time, A Handbook.of-Parliamentary LCdw";.published by the Massachusetts Moderators' Association,to provide=guidance for unusual situations. Town Meetings across the Commonwealth of Massachusetts are similar, but not identical, in the manner in which they are conducted. Local,traditions can significantly affect a town's proceedings and'lielp,define the"role and"latitude of the Moderator. At North Andover To' 11 M, eetings we,will endeavor Ao,',present all necessary information in an efficient:and timely Manner so that the most clarity can be afforded to voters, enabling themio make informed decisions:`,'Voters, in turn, have a unique responsibility. Not only must Ahoy express, by vote,,the decisions made based upon their own judgment and perspective, but also be cognizant of the effect their vote and/or decision has on all citizens of North Andover. The rules of proce4ure for Forth Andover Town Meeting follow: 1. The first actio t'required after the announcement of any Article on the Meeting's Warrant is that a Main Motion be proposed. The citizen sponsor of an article, Town Board sponsor, or Town Board with an affirmative recommendation, are likely movers of a main motion. The initial motion for the Town budget will be made by the Finance Committee. Any Town Board or voter may amend the motion for consideration and deliberation of the meeting. 2. All motions must be seconded by a voter other than the person offering the main motion, and only then may discussion and debate begin. 5 3. Any voter wishing to address the meeting must first gain the attention of the Moderator when no other speaker has the floor. Public microphones are available, where a speaker seeking to be recognized, being courteous to others and those next in line,will call out"Mr. Moderator..." 4. Once recognized by the Moderator, a speaker is given a turn to speak for up to five (5) minutes and must address the meeting on only the article currently under discussion. Voters not doing so or speaking in a disrespectful fashion may be suspended from speaking on the matter at the discretion of the Moderator. Additional time can be granted by assent of the meeting,by prior arrangement with the Moderator, and at the discretion of the Moderator. Questions are welcome, as well as statements endorsing a position. A voter `witha question will take precedence over anyone stating an opinion of support or non-support for an article. 5. Speakers must introduce themselves using their full name and street address each time speaking at a session of Town Meeting 6. Any person who has a financial interest in any,article,under discussion shall make a disclosure of that interest before speaking. Any�pe son who is a spouse, parent, grandparent, child, brother or sister, of a person who has a financial interest in an article shall also disclose such relationship before spearing. The employment, whether paid or unpaid, of any person acting as an attorney, engineer, architect, land surveyor, broker, consultant; agent or in 'any, other,"capacity by a person interested in the article--under discussion, shall be disclosed before that person speaks. Violatiotl, of such, disclosure,",6r refusal to disclose the required information, if asked, shall'result in revocation of the speaker's right to be heard on the matter then before Town Meeting:'>I?isclosure is not generally required of voters who are'utilizing,and/or are_beneficiaries of Town services such as, for example,_public safety;public works>and public utilities, or parents of children in pubhr�.schools However, if the speaker has a personal financial interest beyond wh4is reasonably available to all eligible citizens then disclosure is required. 7:`�Town employees, and/or appointed or elected officials are required to identify their Position and whether'or not 'they are speaking in an official capacity. Such identification shall satisfy the disclosure requirement in rule #6 unless there is a specific'natter under discussion that does not involve their official capacity as an employee, appointed'or elected official. A blanket initial identification, upon the first opportui4y"Jo `speak, is acceptable for each session of the meeting unless the individual is not 'speaking in an official capacity. In such case, the speaker shall be compelled to make a disclosure. 8. All remarks should be addressed to and through the Moderator, for the benefit of all attendees. Direct questioning of others is not permitted. Questions may be directed, through the Moderator, to any petitioner, speaker or official and, if determined germane by the Moderator, the person asked will have the immediate opportunity to answer such query. 6 9. An amendment, changing or limiting the main motion, can be offered during the course of debate. The Moderator may rule an amendment out of order if it is beyond the scope of the warrant article. The Moderator will redirect the discussion to consider the proposed amendment once it is properly before the meeting. Specific wording of any proposed amendment must be made available in writing to the Moderator and Town Clerk before it can be considered. The party proposing such motion shall concisely state, to the meeting, the consequence of the amendment on the existing main motion and/or article being considered. Should reference or context be necessary to provide the meeting with full understanding of the amendment then this shall be allowed at the Moderator's discretion. 10. Respectful deliberation and debate are fundamental to :Town Meeting. The Moderator may seek to establish a time limit on a specific article as a guide to the meeting in order to budget time and discussion. ,The','- oderator;-will discourage repetitious statements. In due course it will,.become apparentthat sufficient information has been presented and voters are.ready to make their decision and the Moderator shall so rule. Motions to move,the`question to a vote are in"order and are not generally subject to debate. A motion to move the,question requires:a 2/3 vote for approval. At the Moderator's discretion, such-motion may not be allowed and/or may be subject to debate, particularly if the Motion to close debate would restrict informed consideration`of the entire meeting and/or comes before an appropriate discussion has taken place�on the main motion. 11.Votes are taken by two methods —voice ("Ayes",.and "Nays?'), or a counted vote ("show of hands") =.and declared to,,be complete"by,the Moderator when he announces the result.;If the�determinatiou;of a voice vote is doubted, a request by at least seven voters, either rising or standing in place, will mandate the Moderator to;request a counted`vote. 12. Most issues will be decided by a simple majority of those voting. Issues requiring a twQ,tbirds'(2/3), four-fifths (4/5), or otliet�majority will be clearly identified to the meeting at the time f e article is presented and again at the time of the vote. Art icles that req'u'ire,,greater than majority votes may be taken by voice and/or a 'limited counted vote'for the efficient conduct of the meeting. The Moderator will declare a vote unanimous, if so understood. Glossary of Town Meetipe Teims Town Meeting Town Meeting is the duly-called meeting in which all registered voters are eligible to participate. It is the Town's de facto legislature, where fiscal issues, zoning changes, by- law amendments, and other matters affecting the Town are decided. An Annual Town Meeting is held in the spring to decide issues for the following fiscal year, which begins in July. A Special Town Meeting may be called at any time to deal with issues that cannot wait for the next Annual Meeting. A Special Town Meeting is called by vote of the Selectmen or if two hundred(200)voters sign a petition requesting one. Warrant 7 The Warrant is the official public notice of business to be considered at Town Meeting. It will be publicly posted throughout the Town, set a time and place for the meeting, and contain one or more articles. Once the warrant is opened by the Selectmen articles may be submitted until the stated deadline. Article An Article is the self-described characterization of an issue to be decided at the meeting and must be clearly defined by the petitioner or sponsor. The content of the article must be clearly and completely explained so that voters will fully understand the context and meaning of the article. The scope of each article sets the bounds of actions that may be taken. Amendments or motions outside the scope of issues and/or,.actions presented in the article at the time of posting of the Warrant may not be considered at the meeting. Articles are submitted by Town Boards or agencies, citizen pettions:of ten (10)registered voters at Annual Town Meeting, or one hundred (100) registered votersat Special Town Meeting. Main Motion A main motion is required for the meeting to act on,a given article,and must be within its scope. It may be as simple as "To adopt the article—,,,as printed.in the warrant" or a more complex motion, as long as the article's scope is not exce 1, ed. A main motion must be made and seconded for discussion to'proceed; a favorable recommendation from the Finance Committee will be taken as a`main motion, to be then.seconded by an individual at the meeting. Affirmative rather than negative main motions'are,preferred to avoid voter confusion. Amendments Amendments may be.offered to a main motion;debated and then accepted or rejected. All amendments must be submitted to the,`Moderator',n.,writing. Individual amendments will be considered in the normal course of�business, in°turn. Amendments to amendments will be actively discouraged and.generaily not allowed;unless, in the Moderator's discretion, it provides,specific,"clarity to-the`issue under consideration. Upon all secondary motions having been voted, voters will"return to discussion and vote on the main motion, whether amended or not. Reconsideration Reconsideration of an action-iinder any single or multiple article(s) may be proposed only once upon the",conclusion of,'�any article and prior to the commencement of the next. Whether offered for reasons"of clarity or tactic to preclude reconsideration of votes already taken, the introduction of a motion to reconsider should not be done lightly as once reconsideration is,denied, the decision on an article cannot be reversed or altered. However,town By-law provides the Moderator discretion, for reasons which he shall state to the meeting, to allow a second motion for reconsideration of any action taken by any Town Meeting during that meeting or any previously adjourned session. Adiournment A motion of adjournment requires the meeting to convene at a certain future time, date and place. 8 Dissolution Dissolution is the final act of a meeting. All issues will have concluded, and future discussion will require another separate meeting and duly posted warrant. Responsible Parties: Voters Voters are the ultimate decision makers. Voted decisions are binding on the entire Town, including its elected officials,with the exception of resolutions or advisory articles. Moderator The Moderator is the person elected and responsible for�.the,%conduct of the meeting. Establishment of rules,procedural rulings, conduct of debate,`and voting are vested solely in the Moderator. Town Clerk The Town Clerk is appointed by the Town Manager,,and is responsible for distributing notices of any Town Meeting,keeping all public recoxds associated with the meetings, and producing the final recorded minutes of actions voted. Tbe`Town Clerk's minutes are the only tangible record of debate and voting;,and_are used informal enactment of local By- law. Selectmen The Board of Selectmen is an elected body responsible for calling the meeting and setting the warrant. This execut ve.boa4is often authorized by the Meeting to act on the Town's behalf between Town`Meetings and"oversee its,riianagement through the appointed Town Manager. School Committee The School Committee is�a,elected body responsible for setting policy and directing management of the schools,through its appointed Superintendent of Schools. Finanee Committee The Finance Committee is-,appointedaby the Moderator and is responsible for specific recommendations to the Town-`Meeting on financial and certain other articles. This body of citizens has,the obligation,to,investigate finance related articles proposed to the meeting and make independent recolume,ndations in the best financial interest of the Town. Plannin$t Board The Planning Board is appointed by the Town Manager and is responsible for administering the Town's Zoning By-law. This Board) is required to hold hearings and make recommendations on articles which affect zoning or environmental issues. Town Counsel Town Counsel is the Town's Attorney, appointed by the Selectmen. Town Counsel will make legal rulings and advise the meeting when that advice is needed. 9 Executives, Staff and Committees Many other participants have strong interest in assuring the success of Town Meeting. They propose issues, explain interests and supply information to the voters. Included in this group are the Town Manager, Superintendent of Schools, Town Accountant, Department Heads, and various other Town Committees. Operating Staff Significant effort is made to properly organize and operate Town Meeting. Town staff and volunteers provide the necessary support to conduct each Town`Meeting and include Registrars of Voters, Voter Check-in Clerks, Counters, Public, Safety Officers and Facilities Personnel of the building in which the meeting is held. Respectful Deliberation and Debate: • It is asked that petitioners and follow-up speakers who address the meeting provide only new information in an effort to persuade undecided voters. Continued reiteration of previously heard information as,�a,-show°of support takes time and does little to positively affect the outcome of a vote. • Please refrain from applause or neg4tivIe responses during discussions. • Keeping remarks brief and relevant;shows respect"for the`value of your neighbors' time. The most persuasive statements at-Towfh'',Meeting are often those most succinctly state4;� disclosing,;new fads.or arguments ,in an effort to advance a position while retaining the audience's full,attention. Lastly,please see the Addendums;below on Electronic and Visual Presentations as well as the Town By-laws that relate to;;Town Meeting. Participatioii,4t Town-Meeting, a unique tradition, one which differentiates New England towns lf6ffi�other regions of the-country and from cities, and some towns, in our own Commonwealth. Town ,Meeting:remains the most direct and inclusive form of participatory democracy evef utilized iii any form of government on this earth. I invite you to contribute to this vital community conversation. Mark S.DiSalvo Town Moderator 1011 Great Pond Road msdisalvogvahoo.com 978 683-4396 10 Addendum A Advisory on Electronic and Other Visual Presentations Any speaker at Town Meeting wishing to utilize an electronic or other visual presentation must abide by this advisory as well as adhere to all rules regulating conduct of any speaker. • The use of electronic/visual presentations are limited to provide necessary information that is not easily conveyed in verbal form,:=such as maps, graphs, charts and photos. The propriety of use is to improve the"clarity of information given to the meeting. The Moderator will encourage consolidation of presentation material to benefit the attending voters, and to ensure balance during the debate. • Electronic/visual presentations by Town agencies;>With similar"recommendations on an article, are encouraged to consolidate,electronic/visual presentations into a single presentation. That presentation, scheduled with the Moderator"afleast one week prior to a Town Meeting, may utilize'up to 15 minutes, with the intent,that it will reduce the time needed for multiple presentations and follow-on comment and response. The deadline for submission of a presentation may be waived upon the Moderator's discretion. • Electronic/visual presentations by"any citizen must also be coordinated with the Moderator at least one week prior to'Town Meeting. All voters in attendance must be able to see Arid hear'any presentation made,regardless of where they are seated in th`'e venue:,If this standard cannot be met, then the presentation shall not be allowed�asuno voter, by,happenstauce>of proximity to any presentation, shall have an advantage`-o f,more easilyy:%viewing any presentation over any other voter. Equipment availability: is" the :responsibility of -the petitioner/presenter. Technical assistance and arrangern6itsJor�-display cgnipinent`must be coordinated with the Town Clerk and-Moderator; at least"one week before the meeting. Computers, projectors and screens-'may be available. Use`�,of an overhead projector is not allowed. Equipment malfunction or any other reason forJack of ability to use any planned electronic or other visual -display will not invalidate consideration of the article or keep the body from considering the motion. It becomes the responsibility of the petitioner/presenter to present arguments in another form within the rules of the Town Meeting. 11 Addendum B Town Bylaws Affecting Town Meeting Chapter 59 § 59-1 Adjournment. When a Town Meeting shall be adjourned to a time certain that is more than fourteen (14) days from the time of adjournment, the Town Clerk shall cause notice of the time and place of such adjourned meeting to be duly posted in three (3) or more public places in each precinct in the town two (2) days at least before the time of holding said adjourned meeting, which notice shall also briefly state the business to come before such meeting. § 59-2 Quorum. There is no quorum requirement for Annual or Special Town Meetings. § 59-3 Reconsideration Vote. Unless the Moderator shall otherwise rule, for reasons'which he shall state to the meeting, no second motion for the reconsideration of any action taken by any Town:Meeting shall be entertained during that meeting or any adjourned session thereof. § 59-4 Secret Ballots. Upon motion duly made and seconded, at any Annual'or:Special Town Meeting, and upon the affirmative vote of at least twenty-fives percent (25%),`of,the voters present at said Annual or Special Town Meeting, any Article in the warrant for said Annual or Special Town Meeting shall be voted upon by Australian(secret)ballot: § 59-5 Information Required for Consideration of Articles. A. The sponsor of any. Article requiring the raising and/or appropriation of town funds shall provide to the Town Manager and to-the Finance`Committee the following information: 1. Total estimateddollar cost,nf the Article�including: a. Start-up costs, Reoccurring annual costs, including any increase in personnel and/or equipment purchases: c. Source of estimate.,. 2,.,Estimate of any possible revenues the project might generate. 3'Proposed source and/or mechanism for funding. 4. Reason(s)for the realest,including but not limited to need. 5.Population group most likely to benefit or be affected by the project. 6.Possible,alternatives to the requested proposal. 7. Schedule or linii',frame for completion of the project. 8.Any motions that would be introduced to support the Article as submitted. B. This information shall be provided within two (2) days after the final fixed date for receiving Articles into the warrant for the Annual or any Special Town Meetings. § 59-7 Votes to be Declared by the Moderator The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. The Moderator may take all 12 votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. 13 2013 ANNUAL TOWN MEETING WARRANT TABLE OF CONTENTS Report of the Finance Committee Simplified Rules of Parliamentary Procedure WARRANT FOR ANNUAL TOWN MEETING Page Article 1 Reports of Special Committees Article 2 Reports of Receipts and Expenditures GENERAL ARTICLES Article 3 Authorization of the Town Manager gr�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 Article 7 Acceptance of a Public Way-'Redgate Lane Article 8 Acceptance of a Public WayT Woodlea Road Article 9 Amend Make-up of School Building Committee Article 10 Approve Special Legislation for'the Purpose of Ensuring Approved Affordable Housing s Included on the;DHCD Subsidized Housing Inventory Article 11 Citizen's, etition—A Resolution to Support Passage of a Constitutional Amendment Providing That Only Human Beings Are People Article 12 Citizen's'Petition Conveyance of Property from Orchard Village,LLC to Town of North Andover FINANCIAL ARTICLES Article,l3, Set Salaries And,,Compensation of Elected Officials Article 14 Continue and Approve Revolving Funds Article 15 Approve Payment of Prior Years Unpaid Bills Article 16 "end General fund Appropriation for Fiscal Year 2013 Article 17 Appropriation-General Fund for Fiscal Year 2014 Article 18 Appropriation-Water Enterprise Fund for Fiscal Year 2014 Article 19 Appropriation-Sewer Enterprise Fund for Fiscal Year 2014 Article 20 Appropriation-Stevens Estate Enterprise Fund for Fiscal Year 2014 Article 21 Appropriation-Energy Efficiency Improvements at Public Buildings Article 22 Appropriation-Capital Improvement Plan for Fiscal Year 2014 Article 23 Report of the Community Preservation Committee-Appropriation From the Community Preservation Fund Article 24 Authorization- Debt for Improvements to the Greater Lawrence Technical School 14 Article 25 Transfer to Capital Stabilization Article 26 Transfer to Stabilization Article 27 Transfer Overlay Surplus MISCELLANEOUS ARTICLES Article 28 Authorize the Acquisition of the Rea's Pond Sewer Pump Station Article 29 Approve Special Legislation for Easement at Rea's Pond Sewer Pump Station ZONING ARTICLES Article 30 Citizen's Petition-Proposed Zoning By71aw to Allow the Keepingof Backyard Hens Article 31 Amend Zoning Bylaw-Section 6: Signs and Outdoor Lighting Regulations Article 32 Amend Zoning Bylaw-Section 8: Sup'plementary.Regulations,Subsection 8.5:Planned Residential Developments(PRD) Article 33 Amend Zoning Bylaw-Section 8: Supplementary Regulations by adding Subsection 8.11:Wind Facilities Article 34 Amend Zoning Bylaw-Section 8. Supplementary Regulations by adding Subsection 8.12:Medical Marijuana'-T, egtment Facilities Article 35 Amend Zoning Bylaw-Section 18:Downtown Overlaypistrict,Subsection 18.2:PermittedUlses Article 36 Approve Zoning Map Appendix A Executive Summary Article 21-Energy Audit 15 of pOaTh,� � Y A s xy�sSwCNUS�� Annual Town Meeting Warrant May 21, 2013 COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. To either of the Constables of the Town of North Andover: GREETINGS: In the name of the Commonwealth of Massachusetts;`and in 69npliance with Chapter 39 of the General Laws, as amended, and our North Andover;Town Bylaws,�and requirements of the Town Charter, you are hereby directed to notify and warn the inhabitants o the Town of North Andover who are qualified to vote in Town affairs t6:meet at the North An,d6ver High School, 430 Osgood Street, Tuesday, May 21, 2013, at 7:00`PM then and there to act upon;the following articles: Article 1: Reports of Special Committees. To see if the Town will vote to hear the reports of any appointed special committees, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendkion: Vote Required: Majority Vote CONSENT ARTICLES: ARTICLES 2 3 4 AND 5 MAY BE CONSIDERED BY A SINGLE VOTE,IF THERE IS NO OBJECTION(REQUIRES UNANIMOUS CONSENT) Article 2: Reports of Receipts and Expenditures. To see if the Town will vote to accept the reports of receipts and expenditures as presented by the Selectmen in the 2012 Annual Town Report, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: 16 Vote Required: Majority Vote Article 3: Authorization of the Town Manager or Superintendent of Schools Regarding Contracts in Excess of Three Years. To see if the Town will vote in accordance with the provisions of Massachusetts General Laws Chapter 30B, Section 12(b), to authorize the Town Manager or the Superintendent of Schools to solicit and award contracts, except personnel contracts, for terms exceeding three years, including any renewal, extension or option,provided in each instance the longer terns is determined to be in the best interest of the Town by vote of at least four(4)members of the Board of Selectmen or the School Committee, as appropriate, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote Article 4: Authorization to Accept Grants,pf Easements.'To see if the Town will vote to authorize the Board of Selectmen and the-School'Committee to,accept grants of easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the besOnterest of theToNAM" or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Majority Vote Article 5: Authorization to':6rant Easements. To see if the Town will vote to authorize the Board of Selectmen Vinci the School Committee to grant easements for access, water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town, or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: 17 Vote Required: Two-third Vote (2/3 Vote) Article 6: Amend North Andover General Bylaw—Chapter 122 Hawkers and Peddlers. To see if the Town will vote to amend the Town of North Andover General Bylaw, Chapter 122 Hawkers and Peddlers in order to include food trucks as a use in Town that should be licensed, or take any other action relative thereto. Board of Selectmen Amend Chapter 122 by adding;the underlined language to read as<,follows: Chapter 122 HAWKERS AND PEDDLERS § 122-1 License Required; Exception § 122-2 Special Events—Prohibited Sales § 122-3 Enforcement § 122-4 Violations/Penalty § 122-5 Food Trucks 122-6 Food Truck Location &Hours:of Operation 122-7 Alternate Sites and Special Events § 122-1 License Required;Exception. No person shall go throughthe strcots,or ways;of;the'town as a hawker or peddler, selling or exposing for sale,fruits or vegetables;or other goods without first obtaining a written license from the Selectmen.of the town;provided that this;chapter shall not apply to a person engaged in the pursuit of agriculture`who peddles fruits or vegetables. § 122-2 Special Events—Prohibited Sales. No person,during any parade, festival, concert, sporting event or other public event shall use, sell, or distribute on any street;>sidewalk;or public way of the town or upon any property owned by the town;a<product known as,"silly'string"or any similar product sold or used for amusement that ejects a soft"rubbery substance any aerosol can that ejects paint, shaving cream, foam or makes loud noises or any explosive device. Parades Any hawkers or peddlers selling goods,wares, and merchandise in conjunction with or in the vicinity of any parade,`including,without limitation the Fourth of July Parade, in the Town of North Andover, shall be subject to the following restrictions. 1. Hawkers and peddlers shall at all times remain a distance of at least thirty(30) from the center-line of the street or roadway of the parade route. 2. No explosive devices such as hand thrown Caps or similar products capable of making explosive noises shall be sold. 3. All hawkers and peddlers shall display their license number in a conspicuous manner at all times. 18 4. All hawkers and peddlers shall make any goods,wares or merchandise, which they offer or intend to offer for sale, available for inspection by the Police or Fire Chiefs or their designees. § 122-3 Enforcement. The Enforcement Agent for the purpose of this bylaw shall be the Chief of Police or his designees. § 122-4 Violations/Penalty. Any person or organization violating any of the provisions of this bylaw shall be subject to a fine of three hundred($300) dollars, and each day a violation occurs shall bc;considered a separate offense. This penalty may be enforced under the provisions of the non-'criminal provisions contained in Article 1, Section 4, of the Town's General Bylaws,'; y The Public Health Department is authorized to suspend the food truck permit for a minimum of 3 days, at its discretion,of any vendor that has violated any conditions of the food permit or this bylaw. Repeated violations may result in the revocation of the food truck permit. § 122-5 Food Trucks Food Trucks are defined as a mobile kitchen,mobile canteen, or catering truck that is mobile venue which sells food, including ice cream trucks. Food Trucks must obtain a Hawkers/Peddlers license from the Commonwealth of Massachusetts. Operators must also obtain a food truck permit through the North Andover Public Health Department. 122-6 Food Truck Location& Hours Of Operation,,,�' The Town of North Andover has�pre-approvedjocafions and<operating hours that are favorable for Food Trucks which are'lookingfo_vend onDublic`space. Food truck operators can vend at these specific locations without approval. The pre-approved sites and hours of operation are approved and modified by the Board of Selectmen:,,'The list of locations and hours of operation is available through the Public HealthDepartment. " 122-7 Alternate Sites and Special Events Food Trucks seeking to vend at locations that are not pre-approved or for special events such as Fourth of Julep Shearing,Parades, etc. must seek approval from the Board of Selectmen. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote EXPLANATION: 19 Article 7: Acceptance of a Public Way—Redgate Lane To see if the Town will vote to accept and name Redgate Lane as a public way, as laid out by the Board of Selectmen, and as shown as "Redgate Lane" on a plan entitled, "Street Layout Plan, Redgate Subdivision prepared for X, Scale 1" = 40'; Date X, by X and to accept deeds to all related open space parcels and easements, shown on Plans recorded as Plan No. X and Plan No. X at the North Essex Registry of Deeds and on the above referenced Street Layout Plan, or take any action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Majority Vote EXPLANATION: Article 8: Acceptance of a Public Way-Woodlea Road To see if the Town will vote to accept and name WoodleaRtiad as a public way, as laid out by the Board of Selectmen, and as shown,as "WoodleaRoad" on a plan entitled, "Street Layout Plan, Woodlea Subdivision prepared for`,Ashwood Corporation, LLC, Scale 1" = 40'; Date X, by X." and to accept deeds"to.all related open space parcels and easements, shown on Plans recorded as Plan No. X and Plan'No, X at the'North Essex Registry of Deeds and on the above referenced Street Layout Plan, or take any action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: `Maority Vote EXPLANATION: 20 Article 9: Amend Make-up of School Building Committee. To see if the Town will vote to amend Article 34 of the Annual Town Meeting of 1946 by replacing the word "annually" with "for three years" and the words "by and from" with "by", thereby allowing two of the three members of the School Building Committee appointed by the School Committee to be residents not serving on said School Committee for a fixed term, or to take any other action relative thereto. School Committee Board of Selectmen Recommendation: Vote Required: Majority Vote EXPLANATION: Warrant Article 34—Annual Town Meeting,March 16 1946 Voted that a committee of seven be chosen, three of the members to be selected annually by and from the School Committee,the other four members to be appointed by the Moderator, for terms of three, four, five, and six years respectively and that upon the expiration of the terms of each appointed member, the Moderator be authorized to fill the vacancy for a three year term. Article 10: Approve"Special Legislation for the Purpose of Ensuring Approved Affordable Housing is Included on the DHCD Subsidized Housing Inventory. To see if the Town will vote to authorize.'theF Boardof Selectmen to seekspecial legislation as set forth below for the purpose,of eiisuri ig'iYiat low�or moderate income housing authorized by the Town to be built or created under G.L. chapters 40A;,40B, or 40R shall be included for purposes of G.L. a.40B, §20 on the;,Subsidized Housing<<Tnventoiy maintained by the Department of Housing and Community Development as "affordable housing'; provided, however, that the General Court may make clerical or editorial changes,of form only to the bill, unless the Board of Selectmen approves amendments to the bill prior=to enactment by the General Court, and provided further that the Board of Selectmeii is hereby"`authorized to approve amendments which shall be within the scope of the general publicobjectives of this petition, or to take any other action relative thereto. An Act Relative to Affordable Housing in the Town of North Andover Section 1. Notwithstanding the provisions of sections 20 through 23 of chapter 40B of the General Laws, or of any other general or special law or state regulation to the contrary, the determination of whether the Town of North Andover has low or moderate income housing in excess of ten per cent of the total housing units reported in the latest federal decennial census for 21 the Town of North Andover for purposes of section 20 of said Chapter 4013, which determination is reflected in a list known as the Subsidized Housing Inventory ("SHI") as maintained by the Massachusetts Department of Housing and Community Development or by a successor department regardless of its name, shall be calculated as follows. As of the date an approval decision is filed with the North Andover Town Clerk and through and including the expiration date of the decision as provided by applicable statute or regulation and any extension of such decision granted by action of the Town or the General Court, the SHl shall include all of the following: A. Any affordable housing unit approved under any local zoning provision under G.L. c.40A, including a so-called Local Initiative Program project, provided that the affordable unit shall be required to have a permanent,' ecd restriction to restrict occupancy or ownership of the unit to an "Income Eligible:Household" as presently defined under the Department's regulations at 760 CMR 56.62;"' B. Any affordable housing unit in a homeownership project approved under G.L. c.40B or G.L. c.40R; and C. Any rental housing unit in a rental project approved under C.L. c.4013 or G.L:c.40R. Provided further that if any such approval, decision is appealed, the unit or units at issue shall continue to be listed on the SHI unless an, the approval decision is finally overturned by a court of competent jurisdiction. Section 2. This act shall apply to all housing units neeting;the requirements of section 1 wherein the relevant approval decision was.filed with the North Andover Town Clerk on or before January 1, 2000. Section 3. This act shall take effect upon passage: .. Board of Selectmen Board of Selectmen Recommendation: Vote Required: Majority Vote': EXPLANATION: Article 11: Citizen's Petition — A Resolution to Support Passage of a Constitutional Amendment Providing That Only Human Beings Are People. To see if the Town will vote to instruct our Senators and Congressional representatives to support a Constitutional amendment to clarify that corporations and other entities created by law do not have the same rights as human beings. 22 WHEREAS, the first amendment to the United States Constitution was designed to protect the free speech rights of human beings,not entities created by law(such as corporations); WHEREAS, corporations are not mentioned in the Constitution and The People have never granted Constitutional rights to corporations; WHEREAS, the United States Supreme Court's ruling in Citizen United v. Federal Election Commission overturned longstanding precedent prohibiting corporations from spending their general treasury funds to influence elections; WHEREAS, the above-mentioned Supreme Court ruling has unleashed unprecedented spending by corporations to influence elections, as occurred in the election`bf November 6,2012; WHEREAS, the impact of that ruling will be felt at the local, state and federal level as big campaign donors seek to dominate policy making; and WHEREAS, Article V of the United States Constitution empowers and obli gaies,,The People of the United States to use the constitutional amendment process to_correct wrong`',deci,sions of the United States Supreme Court; NOW THEREFORE, BE IT RESOLVED that the citizens of North Andover, Massachusetts hereby instruct the Senators and members of Congress representing North Andover to propose and support an amendment to the United States`Constitution making it clear that corporations and other entities created by law are not entitled t the constitutional rights of human beings. Petition of Frederick Nothnagel, et al Board of Selectmen'Recommendation: Vote Required: Majority,,,Vote Article 12: Citizen's Petition` Conveyance of Propertv from Orchard Village, LLC to Town"'of North Andover:,Io see'if the Town will vote to authorize the Board of Selectmen to accept, for10 monetary cor�sideratiori the conveyance of the following property from Orchard Village, LLC; upon terms aiid`conditions deemed by the Board of Selectmen to be in the best interest of the Town. That certain parcel 'of land, together with all buildings and improvements thereon, including without limitation the water pump station and all equipment and pump station apparatus, located off of Salem Turnpike in North Andover, Essex County, Massachusetts, and more particularly described as Lot 33 on a plan of land entitled: "Definitive Subdivision Plan For `Orchard Village' in North Andover, Mass. Record Owners: Agnes M. Kmiec 1996 Realty Trust, 1001 Turnpike Street, North Andover, MA 01845, Applicant: Orchard Village, LLC, 44 Great Pond Road, Boxford, MA 01921, Christiansen & Sergi Professional Engineers Land Surveyors, 160 Summer St. Haverhill, MA 01830, Tel. 978-373-0310", dated April 2, 2009, last revised on June 9, 2009, and filed with the Essex North Registry of Deeds District of the Land Court on October 16, 2009 as Plan Number 18083E, to which plan reference may be had for a more particular description of 23 said Lot 33 (hereinafter referred to as the "Subdivision Plan"). The above Lot is designated"Not a Building Lot" and contains 2,047 square feet (.0470 ac), more or less, according to said Subdivision Plan. Said property shall be conveyed subject to the following conditions: 1. The fee in the roadway shown as the "Proposed Road"and Lot 34 on the Subdivision Plan shall be reserved to the Orchard Village, LLC. There shall be conveyed herewith the right to use, in common with the Orchard Village, LLC and those claiming by through or under the Orchard Village, LLC and others lawfully entitled thereto, the way shown on the Plan as Proposed Road (now known as Empire Drive) for the purpose of ingress and egress to the property granted herein. 2. Orchard Village, LLC shall reserve unto itself, its heirs"' nd assigns, all easements affecting the premises conveyed to the Town and sown on the Subdivision Plan. This conveyance shall be subject to the easements, conditions, and restrictions contained in the Subdivision Plan, and all other easements, reservations, covenants and restrictions of record, insofar as the same are in force and=applicable, and acceptable to the Board of Selectmen, however not intending to revive any of the same. 3. Orchard Village, LLC shall also grant to the To'''"a permanent and perpetual right and easement to re-install, maintain.and repair the'water mains and associated pipes and fixtures now located within,said 1,604, in common,with Orchard Village, LLC and those claiming by through or,urider the Orchard Village, LLC and others lawfully entitled thereto to use Lot 34 for all purposes that street arid'�ways are currently used in the Town of North,Andover. The>Grantor,shall<also..reserve the right to install, maintain and repair,utilities'in Lot 34 exclading the water mains and associated pipes and fixtures 4. Upon any exercise of the easement rights that_disturb the surface of the ground of Lot 34, the Grantee shall,reasonably'restore,the ground to its previous condition. By acceptanee� of this>.conveyance, the Town shall accept responsibility for the mantenance;operation and repair of the water booster pump station and all related "improvements and, equipment located on said Lot 33 and the water mains and associated pipes ard,fixtures'located within said Lot 34. 5. There'is reserved unto, Orchard Village, LLC an easement and right to connect Orchard Village LLC's'remaining land to the water mains and associated pipes and fixtures located within'said Lot 34, upon the payment of customary connection fees to the town, Or take any other action related thereto. Petition of Douglas B. Small, et al Board of Selectmen Recommendation: Vote Required: Majority Vote 24 Article 13: Set Salaries and Compensation of Elected Officials. To see if the Town will vote to fix the salary and compensation of the elected officers of the Town, as provided by Section 108 of Chapter 41 of the Massachusetts General Laws as follows, or to take any other action relative thereto. Board of Selectmen/Licensing Commissioners,per person,per annum $5,000 Chairman of Board of Selectmen,per annum, in addition $500 School Committee,per person,per annum $5,000 Chairman, School Committee,per annum, in addition $500 Moderator, For Annual Town Meeting $500 For each Special Town Meeting $250 "Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote Article 14: Continue and Approve Re*olvin�'>Funds. To:;see if the town will vote to authorize the following revolving funds"for certain Town ,depart rents under Massachusetts General Laws, Chapter 44;"Section�53E '/z for the Fi scal Year�beginning July 1, 2013, 25 Revolving fund cco�nts'11 ,v Account Revolving FY 2014 Number Fund Authorized to Spend Use of Funds Revenue Source Limit 1 2031204 Wheelabrator Director- Community Air quality monitoring Wheelabrator Host $ 35,000 Planning Development Community Agreement 2 2031205 Wheelabrator Director- Community To enforce Trash Truck Wheelabrator Host $ 20,000 Public Safety Development regulations Community Agreement 3 2031207 Health Dept- Director- Community Food Consultant fees ; ; Inspection Fees $ 20,000 Food Development and expenses related to Inspections program 4 2031208 Health Dept- Director- Community Septic Consultant fees' Inspection Fees $ 15,000 Septic Development and expenses:related to Inspections program, 5 2031210 Field Director- Division of Field maintenance, Field.rental fees, $ 10,000 Maintenance Public Works upgrade and related Grants;,,Donations, expenses and related Fundraising proceeds 6 2031211 Health Dept Director- Community clinic suppl,ies,and other Clinic participant $ 30,000 Revolving Development` ,�; related materials fees, Grants, Donations, and related Fundraising proceeds 7 2031213 Youth and . Assistant Town All'programs and' ' Participants'fees, $ 260,000 Recreation Manager � � activities, expense, part Grants, Donations, Services time help and related Revolving Fundraising proceeds 8 2031217 Elder Services Assistant Town Senior programs, Participants' fees, $ 20,000 COA"Revol' Manager classes and activities Grants, Donations, and related Fundraising proceeds 9 Stormwater Director- Community Review, test and inspect Review Fees $ 50,000 Bylaw Development Stormwater reports Total. $ 460,000 26 Rsvoluing Fund Acc unt.Receipts artd'Expenditures` Receipts Expenditures Account Balance FY12 FY12 Balance thru thru Number Revolvin Fund 7/1111 Receipts Expenditures 06/30112 12/31/12 12131/12 Balance 1 2031204 Wheelabrator $ 66,075 $ 25,000 $ (16,016) $ 75,059 $ 25,000 $ (5,535) $ 94,524 Planning 2 2031205 Wheelabrator $ 38,184 $ 12,700 $ (2,220) $ 48,664 $ 9,250 $ (2,020) $ 55,894 Public Safety 3 2031206 Host Community $ - $ - $ - $ - $' - $ - $ - Health Dept 4 2031207 Health Dept - $ 70,919 $ 24,577 $ (14,907) $ :80588_ $, 21,950 $ (10,785) $ 91,753 Food Inspections 5 2031208 Health Dept - $ 16,657 $ 14,150 $ (16,748)' $ 14,059 $ '5,800 $ (4,760) $ 15,099 Septic Inspections 6 2031210 Field Maintenance $ 16,015 $ 6,750 $ ,..(12,614) $ 10,150 $ 1,300' `$ (4,641) $ 6,809 7 2031211 Health Dept $ 12,129 $ 17,508 $ (27;673) 1;964 $ 16,530 $ (9,839) $ 8,656 Revolving 8 2031213 Youth and $272,959 $278,628, $ ,.(333,504) $'2 082 $108,213 $ (189,026) $137,268 Recreation Services Revolving 9 2031217 Elder Services $ �`3,9bT $> 33,070 {27,886) $ ` 9;091 $ 15,665 $ (12,382) $ 12,374 - COA Revol or to take any other action relative thereto:,: Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION: This article authorizes the revolving funds shown above for certain Town departments under Massachusetts General Laws, Chapter 44 Section 53E 1/2 for the Fiscal Year beginning July 1,2013 and ending June 30,2014. FINANCE COMMITTEE RECOMMENDATON: 27 Article 15: Approve Payment of Prior Years Unpaid Bills. To see if the Town will vote to authorize payment of the following unpaid bills from prior year(s), by the respective department, using appropriations of the current fiscal year, or to take any other action relative thereto. Prior Year Invoices FY12 Vendor Amount ,-'-, Department Eagle Tribune 246,"701 Facilities Catholic Charities 270.00, School Education Inc 611.80`" School Greater Lawrence Educational Collabrative 591.28:School Main Street Hardware 128.26 School 'Matthes, Ralph 217.61 ! School Quality Fire 750.00 School " Town of N Andover-Water&Sewer 2,271.70 School " Liddell Brothers 120.00 School Eagle Elevator(3 invoices) 3;549.00 School Liddell Brothers 300.00 '.; DPW Columbia Gas 12,262.44 DPW Peterson Party 2115Ds00 Stevens Estate' 23,468.88 Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Four=fifths (4/5 Vote) EXPLANATION: Any prior year bills !brought forward before Town Meeting will be included in this article. Typically,the current year's budget provides the money to pay such past bills. This type of Article has a special voting requirement of 4/5th at an Annual Town Meeting. Article 16: Amend General Fund Appropriation For Fiscal Year 2013. To see if the Town will vote to amend the General Fund Appropriation for Fiscal Year 2013 as voted under Article 20 of the June 12,2012 Annual Town Meeting, or to take any other action relative thereto. 28 And further to: Amount Voted Under Article 20 06/12/12 General Fund Appropriation ATM Amendment Revised Total GENERAL GOVERNMENT 2,236,879 0 2,236,879 PUBLIC SAFETY 9,260,299 0 9,260,299 EDUCATION 38,283,941 0,, 38,283,941 SNOW AND ICE REMOVAL 752,448 0 752,448 PUBLIC WORKS 3,268,370 `;..gin 3,268,370 HEALTH&HUMAN SERVICES 1,081,725 0 1,081,725 CULTURE&RECREATION 852,230 0 ;; 852,230 SUPPORT SERVICES 1,135,84111'', 0 1,135,841 DEBT SERVICE 6,291,673" ° 0 6,291,673 EMPLOYEE BENEFITS 15,127,496 0 '15,127,496 LIABILITY INSURANCE ,3371'154 0 337',154 CAPITAL&RESERVES 250x000 0 250,000 FINANCE COMMITTEE RESERVE 0.>. 0 0 GREATER LAW TECH SCHOOL 250,166 ', 0 250,168 SCHOOL BUILDING COMMITTEE 900 0 900 Total Town Meeting Appropriation 79;129,124 0 79,129,124 Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority vote' FINANCE COMMITTEE EXPLANATION: This article seeks to transfer monies from accounts with surpluses to accounts with deficits for FY2013. The result of an affirmative or yes vote will move monies to accounts that are now known to require funds and reduces or eliminates the need to carry forward deficits into the FY2014 budget. Article 17: Appropriation—General Fund for Fiscal Year 2014. To see if the Town will vote to raise and appropriate, transfer from available funds or otherwise provide a sum or sums of money for the purpose of funding the General Fund for the Fiscal Year beginning July 1, 2013 and ending June 30,2014, 29 FY14 GENERAL FUND BUDGET Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2013 2014 2014 2014 RECAP Department Board of Finance Request Selectmen & Committee Town Manger Recommend Recommend Revenues &Other Financing Sources Operating Revenues Property Taxes 61,434,579 63,540,840 63,540,840 0 Local Receipts 8,794,775 8,840,476 8,845,336 0 State Aid 9,435,614 9,435,614 9,435,614 0 Operating Transfers 1,525,864 1;542,763 . - `.; 1,542,763 0 Total Operating Revenues 81,190,832 83,359,693 �,�83,364,553 0 Other Fin. Sources Free Cash 250,000 0 838,000 0 Overlay Surplus 0 ?. 0 0 0 Others one time revenues 95,000 ":' 95,000 95,000 0 Total Other Fin Sources 345,000 95,000 933,000 0 Total Opr. Rev. & Fin Sources 89;535,83 83,454;693 84,297,553 0 Operating Expenses r; GENERAL GOVERNMENT Town Moderator = 825 825 825 0 Selectmen/Town Manager 315; 43 316,787 298,868 0 Asst. Town Mapager 49,556 49,571 49,571 0 HumanResoui'se` 81,383 81,383 81,383 0 Town Accountant 220,738 209,262 221,262 0 Finance Cornrpittee ; 795 795 795 0 Treasurer/Collector 297,657 302,085 302,085 0 Assessing 296,940 318,339 307,170 0 Legal 185,000 185,000 160,000 0 Town Clerk -. 334,937 284,465 275,445 0 Community Development ' ;`;';; 222,199 222,599 222,599 0 Planning 110,205 114,234 114,234 0 Conservation 85,938 87,971 95,971 0 Board of Appeals 34,763 36,625 36,625 0 Salary Reserve 0 0 29,000 2,236,879 2,209,941 2,195,833 0 30 Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2013 2014 2014 2014 RECAP Department Board of Finance Request Selectmen & Committee Town Manger Recommend Recommend PUBLIC SAFETY Police Department 4,338,534 4,925,455 4,597,340 0 Fire Department 4,437,921 4,632,265 4,622,265 0 Public Safety Salary Reserve 209,471 0 - 199,019 0 Inspectional Services 252,898 285,032 285,032 0 Emergency Management 21,475 35;415 31,475 0 9,260,299 9,8791,67', 9,735,131 0 EDUCATION N A Public School 38,283,941 39,981,881 39,863,136 0 38,283,941 39,981,881 39;863,136 0 PUBLIC WORKS Administration 406,937 449,082 409;082 0 Street& Sidewalks 781,804 $50;203 850,203 0 Solid Waste/Recycling 1,268,638 1,295,174 1,295,174 0 Fleet Maintenance 276,380 276,378 276,378 0 Structures & Grounds ? 534,611 507,353 507,353 0 Salary Reserve 0 0 24,000 Snow& Ice Removal X752,448 ; 752;448 752,448 0 4;020,818 4,,090,638 4,114,638 0 HEALTH &HUMAN SERVICES,':- Health Department " 20 ,845 199,842 199,842 0 Elder Services 249;369 247,711 247,711 0 Youth Service 257,142 310,653 302,068 0 Veterans Service 371,369 376,749 398,251 0 Salary Reserve 0 0 14,000 1,081;725 1,134,955 1,161,872 0 CULTURE:&;RECREATION T' Stevens LibrA '' �, 852,230 854,675 852,687 0 Salary Reserve, 0 0 11,000 0 852,230 854,675 863,687 0 SUPPORT`.SERVICES Outside Auditing °> 57,000 58,000 58,000 0 Purchasing 49,017 48,991 48,991 0 Information Technology,",'' 932,586 998,757 998,257 0 Structures and Grounds 97,239 231,046 231,046 0 Salary Reserve 0 0 11,000 1,135,841 1,336,794 1,347,294 0 DEBT SERVICE Excluded - Principal- Long Term 1,399,856 1,434,856 1,434,856 0 Excluded- Interest- Long Term 440,710 393,466 393,466 0 Excluded- Interest-Short Term 0 0 0 0 Included - Principal- Long Term 3,814,474 3,992,712 3,992,712 0 Included- Interest- Long Term 636,633 554,157 554,157 0 Included- Interest-Short Term 0 0 0 A00 6,291,673 6,375,190 6,375,190 31 Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2013 2014 _ 2014 2014 RECAP Department Board of Finance Request Selectmen & Committee Town Manger Recommend Recommend EMPLOYEE BENEFITS Retirement Assessment 3,186,990 3,442,269 3,442,269 0 Workers Comp 303,702 280,196 280,196 0 Unemployment Compensation 200,000 200,000, 150,000 0 Group Insurance 10,746,804 10,746,804 11,091,614 0 Payroll Taxes 600,000 600;000 600,000 0 Police& Fire Accident&Sickness Inc. 90,000 90000 90,000 0 15,127,496 15,359,269 '°`;, 15,654,079 0 LIABILITY INSURANCE 337,154 wJl 377,612 %377,612 0 Regional Schools 250,168 259,7,79 2591'779 0 School Building Committee 900'' 0 0 0 Finance Committee Reserve 0 0 0 0 - 251,068 259,779 259,779 0 Total Non -Departmental Cost 22,007,391, ; 22`3711850 22,666,659 0 Annual Town Meeting Vote, 78;879,124 ,81,858,901 81,948,250 0 CAPITAL&RESERVES Finance Committee Reserve ��' �' 0 0 0 0 Transfer to Capital Stabilization Fund,. ; :�6'000 0 213,000 0 Transfer to OPEB,keserve Fund 0 0 0 0 Transfer to Stabilization Fund', 225,000 0 625,000 0 Deficits (Snovii and Ice) _ 0 0 - _ 0 0 Deficits (overlay), `;:> 10,394 0 0 0 Deficits (Stevens;Estate) 0 0 0 0 Overlay 629,707 400,000 400,000 0 890,101 400,000 1,238,000 0 STATE ASSESSMENTS Spec Ed `� 0 0 0 0 Mosquito Control = 90,159 90,159 90,159 0 Retired Teachers Health Insurance 1,316,435 1,449,276 661,130 0 Air Pollution Districts 8,819 8,819 8,819 0 Regional Transit 184,305 184,305 184,305 0 RMV Non Renewal Surc 19,800 19,800 19,800 0 School Choice - - 22,302 22,302 - 22,302 0 Charter School Assessment 49,937 49,937 49,937 0 Essex County Agricultural Assessment 74,850 74,850 74,850 0 1,766,607 1,899,448 1,111,302 0 General Fund Budget 81,535,833 84,158,348 84,297,552 0 32 AND TO FURTHER TRANSFER TO THE GENERAL FUND FROM SPECIAL REVENUE -GLSD $ 141,336 $ FROM SPECIAL REVENUE -COMM PROG $ 62,700 ! $ FROM FREE CASH $ 29,710 $ - $ _ 233,746 $ - or to take any other action relative thereto. Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote EXPLANATION: This article is the fiscal year 2014'appropriation of funds for the Town of North 'Andover. This annual budget is a declaration of our Town's priorities — a statement on how we 'choose to allocate the limited collective resources that exist. The operating budget enables the day-to-day,operation functioning of the town by paying for recurring expenditures for programs and services, employee salaries, rents, utilities, supplies, insurance and debt service. The Library, Schools, Police Department, Fire Department, Elder Services and dozens of other town departments rely on this funding to provide services to you on a ;daily basis. The level of funding, and the choice of how we allocate that funding at Town Meeting determines the level of services that visitors, residents and businesses receive in the coming year. The operating budget receives local aid from the Commonwealth, our local taxes (property, excise and business) and other fees collected by the Town. All town activities, not specifically directed to other accounts such as Water or Sewer Enterprise Funds, are funded through this budget. As a result, most of the Town's operating expenditures are paid through this appropriation. Rather than being asked to vote on each line item, Town Meeting is being asked to votes on various sub-totals (bolded lines in the above schedule) reflecting the overall budget for each Town department. By approving the sub-totals, rather than individual line items, the town manager will have spending flexibility within those programs so long as the Town Manager does not exceed the sub-total amount for the department. A majority of the Town Meeting has the right to vote on individual line items (or in fact, further subdivide them) if so (although this would limit the Town Manager's budget flexibility). FINANCE COMMITTEE RECOMMENDATION: 33 Article 18: Appropriation — Water Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of$4,891,704 in aggregate, for the purpose listed under column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Water Enterprise Fund, that $4,894,704 be raised from Water receipts and from these receipts $878,741 be transferred to the General Fund and to further transfer from retained earning the sum of$11,919.70 to cover prior year deficit in capital project fund, or to take any other action relative thereto. WATER ENTERPRISE Fiscal Year 2014 Recommendation Town Manager Fiscal Year, Board of 2013 Department Selectmen Budget Request Personnel : ` 718,903 700,984 868,700 Expense 1,454;719182,469 1,482,469 Debt Service >`2,198,323 1,662,449 1,662,449 Sub-Total Direct Expenditures 45400,613 3,907,440 4,023,659 Admin/Indirect �._:,x:. 747,571 762,522 878,741 Total Water Enterprise 5,119,516 4,608,424 4,891,704 Board of Selectmen Board"of Selectmen Recommendation: Finance.Committee Recommendation: Vote Required: Majority Vote EXPLANATION: The purpose of this article is to fund the Water Enterprise Fund, the fund is supported by water usage charges. The water rate is set by the Board of Selectman and is established based on the total expenses of the department, including debt service,! direct and indirect expenses and the consumption of water by the users. Indirect costs are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Water Department and are expensed through the General Fund, or operating budget. An affirmative or yes vote will ensure the operation of the water department according to projected needs. 34 Article 19: Appropriation — Sewer Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of$4,729,588 in aggregate, for the purpose listed under the column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Sewer Enterprise Fund, that $4,729,588 be raised from sewer receipts and from these receipts $413,525 be transferred to the General Fund for indirect expenses and to further transfer from retained earnings the sum of$91,437.56 to cover prior year capital project deficits, or to take any other action relative thereto. SEWER ENTERPRISE FY14 'Recommendation Town.Manager FV13" Department Board'o'f Selectmen Budget ' ', Request Personnel 509,732 = 517,849 350,788 Expense : .292,175 318,275 318,275 GLSD Assessment 1;541,247 1;655,000 1,655,000 Settlement 0 0 0 Debt Service 2;000,405': 1,992,000 1,992,000 Sub-Total Direct Expenditures 4,343;559 4,483,124 4,316,063 Admin/lndirect;� � 529,794 529,744 413,525 Total Sewer Enterprise _4,873,303,, 4,729,588 Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required:, Majority Vote EXPLANATION: The purpose of this article is to fund the Sewer Enterprise Fund, the is supported by sewer usage charges. The sewer rate is set by the Board of Selectman and is established based on the total expenses of the department,including debt service, direct and indirect expenses and the use of sewer services by residents and businesses. Indirect costs' are associated with the Division of Public Works supervision, General Government costs and fringe benefits that are related to the operation of the Water Department and are expensed through the General Fund, or operating budget. An affirmative or yes vote will ensure the operation of the department according to projected needs. 35 Article 20: Appropriation—Stevens Estate Enterprise Fund for Fiscal Year 2014. To see if the Town will vote to appropriate the amount of$271,974 in aggregate, for the purpose listed under the column "FY14 Recommendation: Town Manager, Board of Selectmen" for the Fiscal Year beginning July 1, 2013 and ending June 30, 2014; without regards to individual line items, and to operate the Stevens Estate at Osgood Hill Enterprise Fund that $271,974 be raised from Stevens Estate at Osgood Hill Fund and from these receipts $46,460 be transferred to the General Fund for indirect expenses, or to take any other action relative thereto. STEVENS ESTATE AT OSGOOD HILL ENTERPRISE FY14 Recommendation Town Manager Board of FY13 Department Selectmen Budget Request Personnel ` 100,000 96,125 Expense ,--120;468 1293$9, 129,389 Debt Service 0.J`-:;. "0 0 Sub-Total Direct Expenditures 22;0,4681 N, 225;51.4 225,514 Admin/lndirect<r1, 46;460 46,460 46,460 Total Stevens Estate Enterprise,"l,, 266,928 � 2719974 2719974 Board of Selectmen Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required; Majority,Vote EXPLANATION: The purpose of this article is to appropriate funds to operate the Stevens Estate at Osgood Hill, Fees charged to individuals and groups using the facility and grounds for private events support the Estate. Article 21: Appropriation—Energy Efficiency Improvements at Public Buildings. To see if the Town will vote to raise and appropriate $4,049,027 by bonding or otherwise to make improvements to school and town building as identified in the Energy Audit detailed in the 36 Appendix A of the printed Warrant, and to meet this appropriation, the Treasurer with the approval of the Board of Selectmen is authorized to borrow$4,049,027, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Favorable Action Vote Required: Two-thirds (2/3)Vote EXPLANATION: The purpose of this article would be to fund a series of energy efficiency measures at school and town buildings.; Those measures were identified as part of an investment grade audit completed by a firm selected as a result of a request for proposals. This work would be completed as part of an Energy Performance Contract(EPC). EPC is a turnkey (design/build) system, which provides customers with a comprehensive set of energy efficiency measures accompanied by a guarantee that the savings produced will be sufficient to finance the cost of the project. FINANCE COMMITTEE RECOMMENDATION: 37 Article 22: Appropriation — Capital Improvement Plan for Fiscal Year 2014. To see if the Town will vote to fund the Capital Improvement Program as listed and with the language included, FYI CIP Recommendations BOS,Town Mgr,__ Finance Committee Line# Project Description Fund Code Recommendations 1 Ambulance B/N-G $ 260,000 2 Roadway Improvements : PIN G $ 1,115,000 3 Sidewalks Reconstruction B/N-,G, $ 75,000 4 Building Maintnenace B/N-G; $ 150,000 5 Front End Loader B/N-G`" ,. $ 230,000 6 District Wide Paving „ _ B/N-G $ 100,000 7 Dale Street Athletic Fields „ B/N-G $ 300,000 8 Facilities Master Plan Implementation BIN G 3,895,500 9 IT Room Air Conditioning B/N-G $ 76,839 10 Municipal IT B/N-G $ _ 50,000 11 Tractor and Brush Cutter B/N-G $ 125,000 12 School IT B/N G $ 127,131 13 Water& High Street Lights, Intersection,"Road Impre ';' B/N-G $ 110,000 General Fund Total r $ 6,614,470 14 Replacement of Carbon Filter Actuators" B/N-W $ 220,000 15 EmergenpyPower Upgrade WTP B/N-W $ 220,000 z' Water Enterprise Fu94 Total $ 440,000 16 >' School St"& Bunkerhill St Sewer Replacment B/N-S $ 300,000 1? Im rovements fo vaious"Sewer Pump Stations B/N-S $ 1,462,381 Sewer Enterprise Fund Total $ 1,762,381 Total All Funds $ 8,816,851 Fund Codes s elled p ouii be`fow,>� Funding Recommendation Code Totals Excess Bond Proceeds -General EBG-G $ 57,473 Excess Bond Proceeds -Water EBG-W $ 172,809 Excess Bond Proceeds -Sewer EGGS $ 1,762,381 Bonds/Notes -General Fund B/N-G $ 51481,997 Bonds/Notes -Water Enterprise B/N-W $ 267,191 Bonds/Notes -Sewer Enterprise _ BIN-S $ (0) Other Funding Sources (Grants, Spec Rev, CPA& Chapter 90) OFS-G $ 1,075,000 Total All Capital Projects Funding $ 8,816,851 38 that to meet this appropriation. (1)The Treasurer with the approval of the Board of Selectmen is authorized to borrow$5,749,188 under chapter 44 of the Massachusettes General Law or any other enabling authority, (2)a portion of the appropriation for item 1 above in the amount of$260,000 shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article Number Date Bonded $ 4,108.02 Fire Truck 2010/.Art 1 2/17/2011 $ 1,490.11 Drainage Inmprovements 2007 : 006/Aff'24 Sec 3 6/15/09 $ 8,090.00 Senior Center Roof Replacement 2010/Art 28 Sec 3 2/17/2011 $ 6,999.87 Dump Truck w/plow, sander and basin cleaner'. 2011 Art 27 S&c 10. 5/17/2012 $ 20,688.00 (3)a portion of the appropriation for item 2 above in the amount of$340000 shall be funded with the transfer from the following projects in the amounts set,fp#h below, said sums represent excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article Number Date Bonded $ 1,996.00 Internet Telephone',System = ..� 2QH /Art 27 Sec 3 5/17/2012 $ 223.00 School Data,Storage antf'Intergraton, " 2011/Art 27 Sec 8 5/17/2012 $ 2,156.00 Network-Connection Upgrade 2008/Art 14 Sec 7 6/15/2009 $ 25,101.00 'EmergeneyrGenerator 2011 /Art 27 Sec 7 5/17/2012 $ 29,476.00 (4)a portion of the`appropriatioin,for item 6 above in the amount of$100,000 shall be funded with the transfer from the following project in the amount set forth below, said sum represents excess bond proceeds not needed for the'completion of the project: Amount ' ,.. Proiect Date/Article Number Date Bonded $ 7,309.00-Fire Sprinkler System-Kittridge School 2010/Art 28 Sec 12 2/17/2011 $ 7,309.00 %. j(5)a portion of the appropriation for items 13 & 14 above in the amount of$440,000 shall be funded with the transfer from the following projects in the amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article Number Date Bonded $ 4,000.28 Lake Co 1991 /Art 12 Sec 20 6/15/2001 $ 113,925.00 Bear Hill Reseviour 2004/Art 11 sec 22 6/15/2005 $ 40,507.28 Water Main Rehab 2007/Art 21 Sec 19 6/17/2008 $ 14,376.44 Foxwood Booster Pump 2008/Art 14 Sec 16 12/15/2009 $ 172,809.00 39 (6)the appropriation for item 15 above in the amount of$300,000 shall be funded with the transfer from the following projects in the amounts set forth below,said sum represents excess bond proceeds not needed for the completion of the projects: Amount Proiect Date/Article Number Date Bonded refunding bonds $27,424.62 East Side Interceptor 2001 /Art 8 Sec 14 6/15/03 refunding bonds $5,927.41 Sewer System Ext Phase IVA 2001 /Art 8 Sec 15 6/15/03 $30,913.66 Sewer System Ext in Watertshed 2002/Art 11>Sec 24 6/15/2003 $1,945.00 'Angus pump 1992,7<Art 21 ??Do not know refunding bonds Sy 998/Art 10 Sec 27 6/12/08 $128,993.07 Sewer S Ext Phase 3C 1, $73,875.67 West Side Sewer Trunk Relief 1998/Art10 Sec 26 6/15/2001 $2,439.51 Sewer System Phase III D 2000/Art 14 Sec125 4/1/2002 $900.00 Sewer System Ext Phase IV 2000/Art 14 See'1'6': 4/1/2002 $897.94 Eastside Sewer Replacement Design 2000/Art 14 Sec 28` .„ - 4/1/2002 $3,000.00 New Bonny Lane Pump Station 2004-)Art 11 Sec 28 ,6/13/2005 $23,683.12 Sewer Ext Phase 4D = 2005/Art 10 Sec 5 9/20/2006 $300,000.00 (7)a portion of the appropriation for item 16'4b6ve-in=tJhe amount of$1,,462,381 shall be funded with the transfer from the following projects imthe amounts set forth below, said sum represents excess bond proceeds not needed for the completion of the projects: Amount Pioiect Date/Article Number Date Bonded $123,477.35 Sewer Ext,Phase 4D 2005/Art 10 Sec 5 9/20/2006 $938,406.39 Waverly'Road Relief Sever Main 2007/Art 21 Sec 23 6/1/2008 $400,497.31 Eastside Trunk Sewer-<y` 2008/Art 14 Sec 17 12/15/2009 $1,462,381.05 or to`tale any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee.Recommendation: Favorable Action Vote Required: Two-third (2/3)Vote EXPLANATION: A capital improvement plan is a major, non-routine expenditure for new construction, major equipment purchase, or improvement to existing; buildings, facilities, land or infrastructure with an estimated useful life of five years or more, and a cost of$25,000 or more. Items in this plan are funded by debt; the Town will issue bonds of 10, 15 or 20 years (depending upon the project) and pay principal and interest payments 40 over that term. The bonds may be general obligation (funded by the general tax levy) or special obligation(funded by water or sewer rates). There is a possibility that recommendations or amounts on this page may change before Town Meeting as additional information becomes available. If necessary, an update will be handed out at Town Meeting. FINANCE COMMITTEE RECOMMENDATION: Article 23: Report of the Community Preservation Committee Appropriation From Community Preservation Committee Fund. To'receive the report `of the Community Preservation Committee and to see if the Town",-Will vote to raise, borrow, transfer and/or appropriate from the Community Preservatioii'�U/ nd, in accordance with the. provisions of Massachusetts General Laws Chapter 44B, a sum ofinoney to bey spent under the direction of the Community Preservation Committee, or to take any other action relative thereto,: List of Appropriations-Community.Preservation Fund Community Preservation Committee Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority Vote 41 EXPLANATION: The Community Preservation Act (CPA) addresses community issues such as acquisition and preservation of open space, creation and support of affordable housing, acquisition and preservation of historic,buildings and landscapes,and creation and support of recreational opportunities. The CPA was adopted at a Special Town Meeting in January 2001, and by the voters at the following Town Election in March of the same year. As adopted,it levies,a 3% surcharge on property taxes with two exemptions: $100,000 of the value of every residential property, and a complete exemption on property owned and occupied by people who qualify for low-income housing or low- or moderate-income senior housing. The Community Preservation Committee (CPC) annually recommends'how funds should be spent or set aside for future spending among the allowable categories of a) open space; b) historic preservation; c) affordable housing; and d) land for recreational use,with a minimum of 10% required in each of the first three categories. In addition, a maximum of 5%'may be spent on administrative expenses by the CPC. Town Meeting may either approve or reduce the recommended expenditures,but cannot add to them. North Andover received matching funds equal to $389,014 or 29.49% in FY12 from the Commonwealth. Legislation is being discussed that will increase the matching funds for municipalities. Article 24: Authorization — Debt for Improvements to the Greater Lawrence Technical School. To see if the Town,'all vote to approve<the indebtedness authorized by the Regional District School Committee'of"`the.-<Greater Lawrence Regional Vocational-Technical School District for the purpose of paying costs,of reconstructing and making extraordinary HVAC repairs the District High School, located at 57 River Road,in Andover, and for the payment of all other costs incidental and',related thereto_ (the "Project7), which proposed repair project would materially extend the useful life ofthe seho6t.andpreserve an asset that otherwise is capable of supportinglhe'`reduired educational program, and for which the District may be eligible for a school construction grant from the,Massachusetts School Building Authority ("MSBA"), or take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Two-third (2/3)Vote EXPLANATION: The Town of North Andover is a member of the GLTS. The school plans on making repairs to their facility in the amount of approximately $2.5 million. The Massachusetts School Building Authority has approved reimbursement of approximately 80% of those repairs; the balance would be allocated based on enrollment. North Andover represents approximately 1.2% of the Districts total enrollment. 42 Article 25: Transfer Capital Stabilization. To see if the Town will vote to transfer $213,000 from available funds or free cash into the Capital Stabilization Fund, or take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Two-third (2/3)Vote EXPLANATION: This article seeks to move funds into the Town's capital savings account, Called the Capital Stabilization Fund. This is a fund designed to accumulate amounts for future capital spending purposes. Communities may establish one or more stabilization funds for different purposes and may appropriate into them in any year an amount not to exceed ten percent of the prior year's tax levy. Any interest shall be added to and become a part of the funds. A two-thirds vote of town meeting-is required to establish,;amend the purpose of, or appropriate money from the stabilization fund. Article 26: Transfer to:Stabilization. To`see if the Town will vote to transfer $625,000 from available funds or free°cash into the,Stabilizati6n Fund, or to take any other action relative thereto. Town Manager Board:of Selectmen Recommend,ation: Finance..Committee Recommendation: Vote Required: Two-third (2/3) Vote EXPLANATION: This article seeks to move funds into the Town's savings account,called a Stabilization Fund. This is a fund designed to accumulate amounts for future spending purposes, ;although it may be appropriated for any lawful;purpose (MGL Ch. 40 §5B). Communities may establish one or more stabilization funds for different purposes and may appropriate into them in any year an amount not to exceed ten percent of the prior year's tax levy. Any interest shall be added to and become a part of the funds.A two-thirds vote of town meeting is required to establish,amend the purpose of, or appropriate money from the stabilization fund. 43 Article 27: Transfer Overlay Surplus. To see if the Town will vote to transfer from the FY05 Overlay Account into the FY09 Overlay Account $86,412.48, pursuant to Massachusetts General Laws Chapter 59, Section 25, or to take any other action relative thereto. Board of Assessors Board of Selectmen Recommendation: Finance Committee Recommendation: Vote Required: Majority EXPLANATION: This article seeks to transfer funds from one overlay account (FY05) to cover a deficit in another overlay account (FY09). Overlay accounts are used to offset real estate and personal property abatements issued by the Board of Assessors.' Article 28: Authorize the Acquisition of the Rea's Pond'Sewer Pump Station. To see if the Town will vote to authorize the Board_of Selectmen to acggire by gift, purchase, or eminent domain the sewerage pump station and,':contigaous sewer lines;"manholes, conduits and other appurtenances necessary for the flowage of sewerage-and associated with the operation of the sewer system known as the Great Pond Road�Pumpng'Station by Rea's Pond, including but not limited to all right, title .and interest.in any casements associated`with said sewer system, and all right, title and interest,to all and;,every property interest, real or personal, in any manner associated with the.'sewer system,.wlich are located in the areas shown as "Easementl" and "Easement 2" on plan of land entitled "Easement,Plan, Reas Pond Pumping Station, Great Pond Road, North Andover, Mai s,sacliusett`s dated,Mar 6h'8, 2013, Scale 1" = 50', drawn by Merrill Associates .Iinc: Hanover;MA;,,and to pay no damages for said eminent domain taking, or to take any other action relative'thereto. Town Manager Board of Selectmen Recommendation: Vote Required: 'Majority EXPLANATION: Article 29: Approve Special LeLislation for Easement at Rea's Pond Sewer Pump Station. To see if the Town will vote to authorize the Board of Selectmen to file a petition to the Legislature to authorize, notwithstanding the provisions of Article 97 of the Constitution of the 44 Commonwealth of Massachusetts, or any general or special law to the contrary, the Conservation Commission of the Town of North Andover to grant to the Town of North Andover Board of Selectmen a permanent easement upon the land shown as "Easement 1" and "Easement 2" on Plan entitled "Easement Plan, Rea's Pond Pumping Station, Great Pond Road, North Andover, Massachusetts,"dated March 8, 2013, Scale 1"= 50', drawn by Merrill Associates, Inc.,Hanover, MA,which land is currently under the care, custody and control of the Conservation Commission, to be used for the use and replacement of the existing sewerage pump station and contiguous sewer lines, manholes, conduits and other appurtenances associated with the operation of the sewer system known as the Great Pond Road pumping station, or to take any other action relative thereto. Town Manager Board of Selectmen Recommendation: Vote Required: Majority Article 30: Citizen's Petition—Proposed Zoning B*49w,to Allow the Keeping of Backyard Hens. To see if the Town will vote to`allow,the keeping'ofbackyard chickens as permitted in the attached proposed zoning by-law, which>changes language.Jn sections 4.121 and 4.122 — permitted agricultural uses for Residence"J1;-2, 3;and 4 Districts. Annotations are provided in italics to explain why each restriction is being proposed, but not intendedfor inclusion in the fnal by=;law. For Residence 1 District,Residence 2 District;=Residence 3 District: Replace 4.121 6(a)with the following language ; Oirany lot of at least three(3)acres,the keeping of a total of not more than three (3) of `any kind or assortment of animals or birds, except chickens being kept,harbored,raised, ` i,maintained as accessory to,a fesidential single family structure as defined in 4.121.6(e), in"addition to the household pets of a family living on such lot, and for each additional acre of lot size to five,`(5),the keeping of one additional animal or bird but not the keeping of aninmafs;birds, or,p�ts of persons not resident on such lot. [Modifredto exclude chickens from the current animal restrictions.] Add new language as 4:1�21.6(e) A single-family residence may keep a maximum of six(6)hens. [This limitation is included to limit concerns about noise and smell. Six chickens will typically produce 4 eggs a day, enough for most families.] For lots of at least(3) acres, a single-family residence may keep a maximum of three (3) hens per acre of lot size. 45 [The existing by-law only allows one hen for each acre of lot size greater than three. This language expands the amount of hens allowed for lots sizes of three acres or more to be more in-line with what we are proposing for lots smaller than three acres.] No roosters shall be permitted. [Included due to concerns about noise. Roosters are far noisier than their female counterparts, and not needed for hens to lay eggs.] Such residence must maintain a minimum coop area of 4 square feet per hen. [This is an animal welfare provision, based on standard poultry`husbandry practices and recommendations from various humane groups.] The owner of the hens must live in the residence. [This helps to ensure hens are kept for personal use only; no boa]^Wing or renting of coops.] Hens and coops are prohibited from the front yard of a residence,unless�sczeened by a privacy fence of at least seven(7) feet in height. [Included to ensure that the overall charact �^of neighb6rh ods will not be negatively impacted by the presence of chicken coops visibleftPm'the road.] No coop shall be located closer fhan forty(40)feet from any residential structure occupied by someone other than the hen owner, custodian or keep`e'r.Jf the owner of the neighboring dwelling consents,however, a waiyer.shall be granted for this condition. [The intent of this provision is to protect abutters f omy,noise and odor. The average noise level of a flock of chick-Mk,(763 dB) recorded at forty feet away is comparable to an average quiet yarn'(35 dB.);1Por comparison, a dog bark is typically between 85-100 dB. In regards to;ador, chicken,litter that is kept,dry and properly composted should pose no problem.] The hens'shall be secured in a coop from sunset to sunrise and contained in a fenced area oh the property when out o f the coop. [Included due to Oncerns ak'out predators attracted to unsecured chickens, and also the ,destruction of property causedby free-range chickens allowed to roam onto adjacent lots:] This use;shall meet altcurrent applicable State or Board of Health regulations regarding the raising'= of chickens. [Although somewhat unnecessary to include, this language should dispel concern that the keeping of hens poses a health risk. Currently, the Commonwealth of Massachusetts requires that all chickens bought or sold to residents must be certified salmonella free (MGL Chapter 129, Sec 26B)] For Residence 4 District: Replace 4.122.6(b) with the same language that is proposed for 4.121.6(a), as written above. 46 Add new language as 4.122.6(e),the same as which is proposed for 4.121.6(e), as written above. Petition of Hillary J. Stasonis,et al Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third (2/3) Vote Article 31: Amend Zoning Bylaw—Section 6: Suns and Outdoor."Lighting Regulations. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 6 Signs and Sign Lighting Regulations, Subsection 6.3 Definitions by dcfpiirig an"Off-Premise Sign" and amending Subsection 6.5 to allow projecting signs and prohibiting Off-Premise Signs, or to take any other action relative thereto. Amend Section 6 by adding the underlined language and deleting the marked section to read as follows: SECTION 6 SIGNS AND SIGN'LIGHTING RLGLJLATIONS 6.3 Definitions • A-Frame Sign/Sandwich Board: A:portable;aernpotary signor device capable of standing without,support of-,attachments • Accessory Sigor, A'sign that advertises activities, goods,products, or a specific use, owner, or teriant;available within the building or on the property on which the sign is located, or advertises the property as a whole,or any part thereof for sale or rent. • Animated Sign: any sigri tliaf'uses-movement or a change of lighting to depict action or create4`,§ cial effector scene. • Building Fro' age- The length in feet of a ground floor level of a building front or side ":.�facing a street or, acing aright-of-way accessible from a street)that is occupied by an �iridividual business:v • Directional Sign-A non-accessory sign containing no advertising and giving direction to con nlunity(non-commercial) activities,buildings, areas, such as churches, schools, playgrounds,museum,s"Historical sites,public buildings, etc. Sign not to exceed 12"00". • Display Window,Signs -Temporary signs on the surface of or inside display windows, lighted only'by the`general building illumination. • Erect- Shall mean and include to construct,place,relocate, enlarge, alter, attach, suspend, and post. • Flagpole-A pole erected on a roof, or projecting from a building or structure or on the ground. • Freestanding Sign- Shall mean and include any sign not attached to a building or the ground. • Ground Sign-Any sign erected on the ground which is self-supported and anchored to the ground. 47 • Illuminated Sign-Illuminated sign shall mean any sign illuminated by electricity or other artificial light including reflective or phosphorescent light and shall include location of source of illumination. • Marquee-Any sheltering structure of permanent construction projecting from and totally supported by the wall and/or roof of a building. • Non-Accessory Sign-Any sign that is not an accessory sign. • Obscene- shall have the meaning as that term is defined in Massachusetts General Laws Chapter 272, Section 1. Massachusetts General Laws, Chapter 272, Section defines "obscene" as follows: • appeals to the prurient interest of the average person applying the contemporary standards of the county where the offense was committed; • depicts or describes sexual conduct in a potentially offensive way, and • lacks serious literary, artistic, or political or scientifie value,` • Off-Premise Sign-A sign that advertises products,or`services that are not sold,produced, manufactured or furnished on the property where-the sign is located:';An outdoor display is an off-premise sign. • Permanent Sign -Any sign permitted to be,erected and maintained for more_than sixty (60)days. • Primary Sign- The principal accessory sign which muv�be a wall,roof, or ground sign, as allowed in Section 6.6. • Projecting Sign -Any sign which"is attached or suspended from a building or other structure and any part of which projects n6re than twely X12) inches from the wall surface of that portion of the buildings=or strueiure. • Roof Sign -Any sign erected, constructed,and maintained wholly upon, connected to, or over the roof or parapet of anybuildifik*itht'he entire"support on the roof or roof structure. • Secondary Sign-Is a wall, roof, or ground sign intended for the same use as a primary sign but smaller tlrnensions and lettering, as,allowed in Section 6.6. • Sign -,A sign is any strikture, in66hameIally;or electrically driven, still or moving device, light,"lettl6i;',figure,word; model,banner pennant,trade flag, or representation that is designed to"be s,c n from outside the lot on which it is erected.It advertises activities, goods,places,persons, objeets, institutions, organizations, associations,businesses or events,products, services, or facilities available either on the property where the sign appears or in some other location. The definition includes electric signs in windows or doors,,but does not include window displays or merchandise. A sign may be permanent or temporary: • Sign Size'(Aire a) (a). For a sign;either free-standing or attached, the area shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed but not including any supporting framework and bracing which are incidental to the display itself. (b). For a sign painted upon or applied to a building, the area shall be considered to include all lettering, wording, and accompanying designs or symbols together with any backing of a different color than the finish material of the building face. (c). Where the sign consists of individual letters or symbols attached to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses all of the letters and symbols. 48 • Temporary Sign: A sign permitted to be used on a short-term basis for the duration of no longer than sixty(60)days unless otherwise specifically provided herein. • Wall Sign -Any sign affixed to, suspended from or painted on a wall,window,marquee, or parapet. 6.5 Prohibitions: • No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the sign. Internally lit signs are not allowed. • No illumination shall be permitted which casts glare onto any residential premises or onto any portion of a way so as to create a traffic hazard. • No sign shall be illuminated in any residential district betweeif4he hours of 12:00 midnight and 6:00 a.m. unless indicating time or temperature;or an establishment open to the public during those hours. • No sign having red or green lights shall be erectedyvithin sight of a,"traffic signal unless approved as non-hazardous by the Chief of Police • No animated,revolving, flashing, or exterior,neon sign shall be permitted.,, • No pennants, streamers, advertising flags, spinners or similar devices sh`111',+',e,permitted, except as allowed by the board of Selectmen.""; • Corner visibility shall not be obstructed. • No sign shall be erected, displayed, or maintained'u any rock,tree, fence, or utility pole. • No sign shall be erected, displayed,'-or maintained if it contains any obscene matter. • Flags and insignia of any Governmezit when displayed in connection with commercial promotion. • No sign shall obstruct any means of egress from a building. h • Non-accessoryysigns are prohibited except'for directional signs as allowed in Section 6.6, B. • No signs,shall be'attachcd to motor:ve k,es �4railers or other movable objects regularly or recurrently located fofi� d display. • No'Off-premise signs. „ Board of Selectmen Board of Selectmen Recommendation: Planning Board'Recommendation: Vote Required: :moo=third (2/3)Vote Article 32: Amend Zoning Bylaw— Section 8: Supplementary Regulations, Subsection 8.5: Planned Residential Developments (PRD). To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 8 — Supplementary Regulations, Subsection 8.5 —Planned Residential Developments (PRD), Paragraph 7.D — Dimensional Regulations Subdivisions, in order to specify an allowable height limitation of 35' and to change the bylaw as follows -Height Limitation: 3W 35' or 2.5 stories 49 or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third(2/3)Vote Article 33: Amend Zoning Bylaw — Section 8: Supplemet' tars Regulations by adding Subsection 8.11: Wind Facilities. To see if the Town will, ote;to. amend the Town of North Andover Zoning Bylaw, by adding Section 8.11 Wind Facilities in" or to allow time to make the appropriate amendments to the Zoning Bylaw to allow1he use of Wind"Facilities, or to take any other action relative thereto. Amend Zoning Bylaw by adding a new Section 8. ,,,to read as follows: 8.11.1 Purpose: Provide restrictions that will allow the"Town adequate time to consider whether to allow the construction and operation pf oil-site and utility=scale wind facilities and to provide standards for the placement, design, con§0 ction,fnonitoring,modification and removal of wind facilities that address public safety, give consideration to ;mpacts`bri scenic,natural and historic resources of the town and provide adequate"financial assura�ce,for decommissioning,to the extent that such facilities are permitted under`�state lows and regulations, and if so,where and under what conditions ��his interim law shall provide to the town the opportunity to study the potential impacts of tnd facilities on"djacent uses and on general public health, safety and welfare, and to developzonmg and oilier applicabl6regulations that appropriately address these considerations consistent.with statewide regulations and permitting procedures. 8.11.2 Definition: This, ntenrxbylaw shall apply to all utility-scale, on-site wind facilities and Y small wind energy systems;,prop o,8,ed to be constructed after the expiration of this bylaw. This bylaw shall also apply to building integrated wind systems and physical modifications to existing wind facilities that materially,after the4ype,configuration, location or size of such facilities or other equipment. 8.11.3 Interim Restriction Wind Energy Facilities shall not be permitted is any zoning district in the Town of No so long as this Section 8.11 is effective, as set forth in Section 8.11.4 below. Use variances shall be strictly prohibited. 8.11.4.Expiration: This section shall be effective for a period of(12)twelve months beginning June 1, 2013, or until such future time that the Town of North Andover enacts superseding zoning regulations that set forth the allowed locations, dimensional,parking and other requirements applicable to wind energy facilities. Board of Selectmen 50 Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third(2/3)Vote Article 34: Amend Zoning Bylaw — Section 8: Supplementary Regulations by adding Subsection 8.12: Medical Marijuana Treatment Facilities. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, by adding Section 8.12 Medical Marijuana Treatment Center in order to allow time to make the appropriate a'&endments to the Zoning Bylaw to allow the use of Medical Marijuana Treatment Center, or to take any other action relative thereto. Amend Zoning Bylaw by adding a new Section 8.12 to read as follows: 8.12.1. Purpose: Provide restrictions that will allow the Town adequate time tt undertake a planning process to address the potential impacts gf'Medical Marijuana Treatment'<Facilities,to consider the Department of Public Health regulations`iegardmg such Treatment Centers and related uses,to address the potential impacts of such Treatment Centers on the town of North Andover and to adopt new zoning regulattos regarding riiedieal Marijuana Treatment Facilities and related uses. 8.12.2. Definition: As Medical Marijuana"treatment Ceriter,shallmcan any medical marijuana treatments center as defined understate law a a Mussach6se' snot-for-profit entity that acquires, cultivates,possesses,process es (including deveXopinent of related products such as food,tincture, aerosols, oils or ointnferfs),transfer;'tx'ansports, sells, distributes dispense or administer marijuana,products containing marijuana related supplies or educational materials to qualifying patients or their personahcaregiveis;which,is properly,licensed and registered by the Massachusetts department 6f, ubhc Health.pursuarif`to all applicable state laws and regulations. 8.13.2 Exclusion of other Marijuana Uses: Any establishments that acquires, cultivates, possesses,processes (irieucling development of related products such as food,tincture, aerosols, oils or o`intments),transfer;'-transporls;`sells, distributes dispense or administer marijuana, products"containing marihuana ielated supplies or educational materials to qualifying patients or their personalcaregivers shall'hot be permitted if such establishment has not been properly register and hcetised in accordance with applicable state and local laws and regulations, or is not operated as a not-for=profit entity, or otherwise fails to meet the definition of a Medical Marijuana Treatment Center. 8.13.4. Interim Restriction: Medical Marijuana Treatment Centers shall not be permitted in any zoning district in the Town of North Andover so long as this Section 8.12 is effective, as set forth in Section 8.13.5 below. Use variances shall be strictly prohibited. 8.13.5. Expiration: This section shall be effective for a period of(12)twelve months beginning June 1, 2013, or until such future time that the Town of North Andover enacts superseding zoning regulations that set forth the allowed locations, dimensional,parking and other requirements applicable to medical marijuana uses. 51 Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third (213)Vote Article 35: Amend Zonine Bvlaw — Section 18: Downtown Overlay District, Subsection 18.2: Permitted Uses. To see if the Town will vote to amend 114i'Town of North Andover Zoning Bylaw, Section 18—Downtown Overlay District, Subsection,18.2 Permitted Uses, or to take any other action relative thereto. Amend Section 18.2 by adding the following underlined language to read as follows: SECTION 18 DOWNTOWN OVERLAY DISTRICT' 18.2 Permitted Uses The following uses shall be permitted b3`right'in the Downto,Vn,Overlay District: 1. General merchandise retail stores-and salesrooms 2. Specialty food stores,retail bakenesand coffees fih(?ps 3. Sporting goods stores :�,:' 4. Craft,hobby, bQ6kand music stores 5. Art gallery 6. Hardware stores 7. Convenience stores:* 8. Drug stores;,pharmacies 9. -Banks 10;Professional offices 1 eclical or dental 6ffices 12. Business services such,as copying and mailing services 13. Travel agency 14. Municipal;,civic or public service buildings, such as post office, telephone exchanges, town offic6sschool,library,museum or place of worship or other place of amusement or assembly 15. Hall, club,theater; 16. Food services establishments such as full or limited service restaurants and drinking establishments 17. Indoor amusements 18. Bed and breakfast facility or inn with six(6)rooms or less 19. Multi-family dwelling(24 or less units) 20. Mixed-use structures 21. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory use shall not be injurious, noxious, or offensive to the neighborhood. 52 The following uses shall be permitted by special permit in the Downtown Overlay District: 1. Drive-thrus for any of the above allowed uses 2. Free-standing automated teller machine(ATM) 3. Day care center 4. Bed and breakfast facility or inn with more than six(6)rooms 5. Hotel or motel 6. Funeral homes 7. Any retail use listed above as an allowed use that exceeds a gross' loor area of 25,000 sq. ft. 8. Public garage 9. Multi-family dwelling(greater than 24 units) Board of Selectmen Board of Selectmen Recommendation: Planning Board Recommendation: Vote Required: Two-third(2/3)Vote t Article 35: Approve Zoning Map. To gee if the Town will vote to accept as the official Town of North Andover Zoning Map„the Map dated October 25 2012, or to take any other action4"elative thereto. Planning Board Board of Selectmen Recommendation. Plannmg,Board Recommendation: Vote Required: Two third(2/3),Vote 53 Herof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this 22nd day of April in the Year Two Thousand Thirteen. William F. Gordon, Chairman Rosemary Connelly Smedile Donald B Stewart Mehard M. Vaillancourt,. Tracy M. Watson SELECTMEN OF NORTH ANDOVER r And you are directed'to, serve this WArrant` by posting true and attested copies thereof in the Town Offiee Building and one;public place`in each voting precinct in the Town, said copies to .be posted not less than>.fourteen (14) days before the time of said meeting. rf fir✓ Constable ;; Date r A j ue Copy Attest—Joyce A. Bradshaw, Town Clerk OFFICER'S RETURN Pursuant to the foregoing warrant, I have warned and notified the inhabitants of the Town of North Andover who are qualified to vote in town affairs to be at the time and place for the purpose mentioned within by posting true and attested copies thereof at the Town Office Building and one public place in each voting precinct in the Town at least fourteen (14) days before the date of said meeting. Constable Date 54 APPENDIX A 55 Nd a o ` �¢ r P e t fi i + q y p sA 3 t i JA r 6 kk "AM S `" �e 4' •`za S � , X\ TOWN OF NORTH ANDOVER ANNUAL TOWN MEETING TUESDAY, MAY 21, 2013 7:OOPM NORTH ANDOVER HIGH SCHOOL 430 OSGOOD STREET 56 Details on logistics an&updated information will"'be posted on the Town's website, on the North°Andover-Cable Channel, and in our local newspapers. Updates to the Finance Cq n oittee Report will be posted on the Town of North Andover website of own®fn rthand®ver.com. If you need any special accommdatio' ns,fpr the,'meeting please call the Town Clerk's office at 978- 688-9502. Please Participate in this very important meeting! 57 ;�, � � �,� -. � ,��.�� g � � �� .. � �� =� �� ' �� ' ,. ra' ��`� �� t � ��x��t�� 9 haw s .��F�.,r,,y'a*.5, Yam � ... � ) �`��z'� `'�4 '�.�r�,�c� �`�,.� �. 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Gallagher TO: Andrew Maylor,Town Manager PROM: Paul T Gallagher, Chief of Police DATE: April 1,2013 RE: March 2013 Crime Statistics The month of March saw an increase in activity throughout town. Most notably was the dramatic increase in motor vehicle breaks. In looking into this figure,it should be noted that, most of these break occurred on two different nights in two different areas of town and occurred all at once. The law enforcement term for this is called a crime rash in which it appears one or two individuals broke into or attempted to break into targets in the same geographic area in a short amount of time. In response to this,the Police Department used social media to remind residents to lock their vehicle doors,do not leave car keys in the vehicle and secure their property.All the vehicles were unlocked,Messages were sent out alerting residents in the areas to check their belongings and report any stolen items. As residents went out to check on their own vehicles,many located property from their neighbors that was stolen and discarded such as GPS devices and other small electronics.It may be noted that that our midnight shift officers did arrest an individual for the theft of two cars and is linked to one night of the thefts. Other individuals are being investigated and our detectives have made a fingerprint match. Two major crashes occurred last month. Both involved juveniles and alcohol related.We have subsequently criminally charged the operators.. The first crash was a roll-over with five minors. Most fled the scene but from the blood around the vehicle officers felt there was serious injuries. Due to people not cooperating with the officer's,vital time was lost,in ascertaining who was in the vehicle and was medical assistance needed.The second crash involved a juvenile crashing into a utility pole. In both instances these accidents could have been fatal in nature.As a result of these crashes,the police department has been in contact with the schools and Youth Services to determine how to bring some education to the youth to understand the consequences of bad decision making. Some training last month involved the protocol for missing children and what steps to take in order to properly create an incident command post and deploy needed resources. Twice this month there were missing persons reported.The first was a distressed 15 year old that ran off from her home into the woods. The night was cold and the girl was not dressed for the elements. Furthermore,she was in an area known for the swamps and water. A keen North Andover officer spotted her and got her the help she needed. The other incident involved a female hiker who got lost inside Harold Parker State Forest. After calling 911for help with her low battery cell phone,officers coordinated a search with the State Police, North Andover Fire Department and area police K9's. Our dispatch center worked with the State Police 911 center to triangulate the cell phone location based on the cell tower hits on the last phone call to locate the hiker.The State Police helicopter was instrumental in this operation.After approximately 2 hours,the hiker was located uninjured. Once again,ongoing training on handling these critical events allows for a successful ending and shows the true professionalism of our officers. North Andover has its typical larceny reports where an officer is forced to chase a fleeing suspect on foot or by vehicle after an incident. This past month,one of our officers was in the right place at the right time to apprehend a suspect whom we are still investigating as possibly being associated with Organized Retail Theft rings. This suspect went to Staples and got into the back room. From there he reached into a gated area and stole two laptop computers. He was spotted by an employee and fled out the door. An officer,who was conducting selective enforcement in the area plazas,spotted the subject,and after a brief foot chase,apprehended the suspect. The suspect was charged with several felonies. During the first week of April,the Police Department will be assessed by the Massachusetts Police Accreditation Commission. This assessment is an intense three day process that involves a comprehensive,on site,review of the building,equipment,policies and procedures. Our Accreditation Team has been working tirelessly to ensure the police department is in compliance with accreditation. With the start of the spring season,the warmer weather often brings out more foot traffic and with it comes the mischievous behavior and a criminal element. Sports and recreation activities will be utilizing fields and facilities and the police department will be initiating patrols in the downtown areas and sports fields. The bicycle and ATV unit will once again be activated. Last year the Aplin playground was a popular spot and this type of patrol was successful. The C1P of our parking lot and outdoor lighting has been fully completed. The energy efficient parking lot lights should be cost effective. North Andover Police Crime Statistics Criminal Activity _Feb•131, Mar-131 ne % Change Domestic Abuse 13 17 4 i 30.8% A&B,Assault 4 3 -1 -25.0% Suspicious Activity 59 61 2 3.4% B&E 5 5 0 0.0% ME MV 3 1 29 1 26 866.7% Larceny 35 43 j 8 j 22.9% General Disturbance 18 32 14 77.8% Alarms Res & Comm 140 90 -50 -35.7% Aid to Public 51 1 53 2 3.9% 911 Hang Up/Abandon 41 39 -2 -4.9%1 911 Hang Up/Abandon Aid to Public .............. Alarms Res&Comm General Disturbance Larceny 9 February B&E MV B&E January Suspicious Activity A&B,Assault Domestic Abuse 0 50 100 150 Arrests/Summons Feb-13 Mar 13 Chan e F. Change ............ Total Booked 60 81 21 35.0% Arrests 19 35 16 84.2%1 OUI Arrests 4 4 0 0.0%1 1-1-1--,. -............... I Summonsed 17 30 13 76.5%j Warrant Arrests _-_-._...9 4 -5 -55.6% ........... ........ PC 1 2 1 100.0%; Calls for Service 2076 2401 325 15,7% —------------- North Andover Police Crime Statistics ArrestslSununons s/Su _.. I PC - Warrant Arrests Summonsed February OUl Arrests a January -_......�... i Arrests Total Booked . 0 20 40 60 80 100 ......... Proactive Policing Feb-13 Mar-13 Change % Change _ ...._ Motor vehicle Stops 506 620 114 22.5% --._ _. _.-- --_ _ _.......... Motor vehicle Crashes 1 52 59 7 13.5% Property Checks 658 763 105 16.0 '0 Property Checks ___.�....... i Motor vehicle Crashes Li February _ 0January x Motor vehicle Stops r ` 0 200 400 600 800 1000 _ ._... North Andover Fire Department Incidents - Primary Type Only Printed: 4/2/2013 6:20 pm From Date:03/01/2013 to:03/31/2013 Jurisdiction:North Andover Primary Type Incidents ®False Alarms&False Calls 9.6% ®Fire 1.7% 0 Good Intent Calls 4.0% Hazardous Conditions(No Fire) 4.3% Other Type of Incidents 1.3% r„ t Overpressure,Ruptures,Explosion,Overheat(no ensuing fire) 0.7% r t „ ©Rescue&Emergency Medical Service 71.8% Service Calls 6.6% 1 2 Total: 100.0% 1 ! t t Fire 2 Building fire 3 Cooking fire,confined to container 5 Sub-Total,Fire Overpressure,Ruptures,Explosion,Overheat(no ensuing fire) 1 Overpressure rupture of steam pipe or pipeline 1 Overpressure rupture of steam boiler 2 Sub-Total,Overpressure,Ruptures,Explosion,Overheat(no ensuing fire) Rescue&Emergency Medical Service 179 EMS call 17 Motor vehicle accident with injuries 1 Motor vehicle/pedestrian accident 15 Motor vehicle accident with no injuries 1 Search for person on land 1 Removal of victim(s)from stalled elevator 2 Rescue,emergency medical call(EMS)call,other 216 Sub-Total,Rescue&Emergency Medical Service Hazardous Conditions(No Fire) 5 Gas leak(natural gas or LPG) Page 1 of 3 XXFlncidentsbyPrimaryType 02/15/09 North Andover Fire Department Incidents - Primary Type Only Printed: 412/2013 6:20 pm From Date:03/0112013 to:03/31/2013 Jurisdiction:North Andover 2 Carbon monoxide incident 2 Overheated motor 1 Power line down 3 Arcing,shorted electrical equipment 13 Sub-Total,Hazardous Conditions(No Fire) Service Calls 2 Lock-out 2 Water evacuation 1 Water or steam leak 2 Smoke or odor removal 10 Assist invalid 2 Cover assignment,standby,moveup 1 Service call,other 20 Sub-Total,Service Calls Good Intent Calls 3 Dispatched&canceled en route 1 No incident found on arrival at dispatch address 1 Smoke scare,odor of smoke 2 Steam,vapor,fog or dust thought to be smoke 2 Barbecue,tar kettle 2 Hazmat release investigation w/no hazmat 1 Good intent call,other 12 Sub-Total,Good Intent Calls False Alarms&False Calls 1 Local alarm system,malicious false alarm 1 Sprinkler activation due to malfunction 4 Smoke detector activation due to malfunction 3 Alarm system sounded due to malfunction 3 CO detector activation due to malfunction 4 Smoke detector activation,no fire-unintentional 3 Detector activation,no fire-unintentional 6 Alarm system sounded,no fire-unintentional 3 Carbon monoxide detector activation,no CO 1 False alarm or false call,other 29 Sub-Total,False Alarms&False Calls Other Type of Incidents 1 Error or Training Incident 1 Fire Exit Drill 2 Special type of incident,other 4 Sub-Total,Other Type of Incidents Page 2 of 3 XXFIncidentsbyPrimaryType 02/15/09 North Andover Fire Department Incidents - Primary Type Only Printed: 4/2/2013 6:20 pm From Date:03/0112013 to:03/31/2013 Jurisdiction:North Andover 301 Total Number of Incident Types Total Count of Unique Incident Numbers for this Period: 301 Grand Total Count of Unique Incident Numbers for this Period: 301 Page 3 of 3 XXFlnddentsbyPrimaryType 02/15/09 Public Hearing Hi Karen, Per your request, attached is an updated list of North Andover home rule petitions and their status. These home rule petitions are all from the 2011-2012 legislative session, which ended on January 1, 2013. There are currently no home rule petitions for North Andover pending before the Legislature for the 2013-2014 legislative session. The only home rule petition for North Andover that was not acted upon and signed into law during the previous legislative session was House Docket 3870, which sought to exempt North Andover from the provisions of the prevailing wage law. That home rule petition was sent to the House Rules Committee on July 18, 2011, but never advanced any further. If the town is still interested in pursuing this proposal, it would have to be re-filed with a new local vote. Also, now that Jennifer Mercadante has moved on to another office,the staff members to contact on the House side are Chris Cremens from Rep. DiZoglio's office (Christopher.Cremens @mahouse.gov) and Paul Gangi of Rep. Lyon's office (Paul.Gangi @mahouse.gov). For Senator Tarr's office,you can contact me or Hirak Shah,who is Senator Tarr's Deputy Legislative Director. I hope this information is helpful, but please feel free to call or e-mail me if you have any questions. -Mike Sincerely, Michael E. Smith Legislative Director Office of Senator Bruce E. Tarr Senate Minority Leader State House, Room 308 Boston, MA 02133 phone: (617) 722-1600 fax: (617) 722-1310 michael.smith@masenate.gov Fiad us u .. Facebook HOME RULE PETITIONS(SPECIAL LEGISLATION) TOWN OF NORTH ANDOVER Bill Committee Action Taken H. 4316 NA Exempting Positions of Public Service Signed by the Governor, Laborer, Skilled Laborer, Mechanic and Chapter 404 of the Acts of 2012 Craftsman from the Civil Service Law H. 4308 NA Liquor License Consumer Signed by the Governor, Protection and Chapter 436 of the Acts of 2012 Professional Licensure H. 4314 Amending NA Charter Municipalities & Signed by the Governor, Regional Chapter 411 of the Acts of 2012 Government H. 3832 NA Selectmen Vacancies Election Laws Signed by the Governor, Chapter 443 of the Acts of 2012 H. 3835 Authorizing Appointment of Public Service Signed by the Governor, Amy McCarthy as a NA Police Officer, Chapter 300 of the Acts of 2012 Notwithstanding the Maximum Age Requirement H. 3665 Validating Actions Taken at NA Municipalities & Signed by the Governor, Annual Town Meeting Regional Chapter 102 of the Acts of 2012 Government H. 3592 NA Town Charter Municipalities & Signed by the Governor, Regional Chapter 412 of the Acts of 2012 Government H. 3593 Exempting Sean C. Lewis from Public Service Signed by the Governor, Maximum Age Requirement for Chapter 111 of the Acts of 2012 Appointment as a NA Firefighter HD. 3870 Exempting NA from the House Rules Referred to House Rules Provisions of the Prevailing Wage Law 7/18/11; no further action taken H. 3831 Recall of Elective Officers in NA Election Laws Signed by the Governor, Chapter 414 of the Acts of 2012 3/28/13