HomeMy WebLinkAbout2013-09-23 Board of Selectmen Agenda Packet TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
Rosemary Connelly Smedile,Chairman
William F. Gordon TEL.(978)688-9510
Donald B. Stewart FAX(978)688-9556
Richard M.Vaillancourt
Tracy M. Watson
BOARD OF SELECTMEN&LICENSING COMMISSIONERS
AGENDA
MONDAY,SEPTEMBER 23,2013 at 7:00 PM
TOWN HALL MEETING ROOM
I. CALL TO ORDER
II. EXECUTIVE SESSION
IIl. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES
V. COMMUNICATIONS AND ANNOUNCEMENTS
A. Thank you to the North Andover Garden Club
B. Update on Facilities Master Plan implementation
Vl. CONSENT ITEMS
A. Appointments to Sustainability Committee-Shepard Spear,Katie Champagne, and Michael Carney
B. Carol Bradstreet on behalf of the Cystic Fibrosis Foundation requests permission to hold"Great
Strides: A Walk to Cure Cystic Fibrosis"at Drummond Park on Saturday,May 17,2014
C. Rabbi Zalman Borenstein of Chabad of North Andover requests to use the Town Common for the
lighting of the Chanukah Menorah from November 26—December 5,2013 and on December 5,
2013for a ceremony from 5:30 p.m.to 7:00 p.m.
D. Affordable Unit Resale—210 Chickering Road,Unit 304A(Kittredge Crossing)
E. Affordable Unit Resale—2 Harvest Drive,Unit 203 (Oakridge Village/Maplewood Reserve)
F. Endorsement of"North Andover Middle School—North Andover,Massachusetts—Safe Routes to
School Infrastructure Program—Preliminary Assessment'
Approve Ten(10)Year Contract between Town of North Andover and JRM Hauling&Recycling
Services,Inc for October 1,2013 through September 30,2023
VII. LICENSING COMMISSIONERS
A. Pamela Devoid of Merrimack College Donuts,LLC(dba Dunkin Donuts)requests Common Victualler
License at 315 Turnpike Street
VIII. PUBLIC HEARING
IX. OLD BUSINESS
X. NEW BUSINESS
Xl. PUBLIC COMMENT
it
XII. TOWN MANAGER'S REPORT
XIII. NEXT MEETING DATE
A. October 7,2013
XIV. ADJOURNMENT
Communications
And
Announcements
INTEROFFICE MEMORANDUM
TO: BOARD OF SEI,EC'I'MEN
FROM: IRF,NE O'BRIEN,DONNA DI:LANEY
SUBJECT: THANKS TO NORTH ANDOVER GARDEN CLUB
DATE: SEPTEMBER 5,2013
CC: CA'T'HY DARBY
The North Andover Senior Center would like to thank the North Andover Garden Club for
all the work that they did weeding and cleaning out the planting beds at the Main St. entrance and the
parking lot entrance of the Center.
Our seniors noticed and commented on the improvements and it makes us all proud to
come into work in the morning. The Garden Club makes us one of their yearly commitments and we
are very grateful for their support.
Johnson, Adele
From: O'Brien, Irene
Sent: Monday, August 12, 2013 11;25 AM
To: Maylor, Andrew
Cc: Darby, Cathy;Johnson, Adele
Subject: Garden Club FYI
Attachments: North Andover Garde Club 2013 volunteers.docx
Andrew,
We have been in the weeds for the last few months on the front ramp way and the back entrance of the Senior Center.
Volunteers from the North Andover Garden Club worked for 15 hours over three days to get us out of the weeds and
looking great.
I have attached a list with the names of these wonderful ladies.
Irene
Irene M. O'Brien
Elder Service Director
Town of North Andover
120 R Main Street
North Andover,MA 01845
Phone 978.688.9560
Fax 978.688,9563
Email lobrien@townofnorthandover.com
Web www.TownofNorthAndover.com
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of t{t_tk thal most Q.3..3i1,'to and from Pi unk;ipal uffi es-qnd'offidads aE e,q`iub
1n m),'on{ le rise.i ei to, http://www.sec.state.ma.us/erg/r)reidx.htm.
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Phila Slade ----Send Phila the note for the North Andover Garden Club
94 Bradford St
Richard Kulpinski
15 Lyman St
Martha Salisbury
301 Johnson St
Karen Busanovich
249 Rea St
Lisa Lafond
329 Osgood St
Jeannine McEvoy
20 Hemlock St
Faith McCarthy 71 Candlestick Rd NA
Consent Items
BOARD OP SELECTMEN
APPOINTMENTS
SEPTEMBER 23, 2013
Committee Applicants Term
Sustainability Shepard Spear 2016
Sustainability Katie Champagne 2016
Sustainability Michael Carney 2016
Adk RECEIVE
.� ft, E TOWN KANA SFp,,S
CYSTIC FIBROSIS
FOUNDATION 2013 JUL 32 PM 2: 24
ADDING TOMORROWS
July 29, 2013 ENORTH ANDOVER
:1 C,f 101—SETT
Board of Selectmen
Town Hall
120 Main Street
North Andover, MA 01845
Dear Members of the Board of Selectmen,
On behalf of the Cystic Fibrosis Foundation and the North Andover Walk Committee, I
am requesting permission to hold Great Strides: A 'Walk to Cure Cystic Fibrosis at
Drummond Park on Saturday, May 17, 2014.
Great Strides is a circular walk, which will be held throughout the United States on the
week-end of May 17. In 2011, the Massachusetts/Rhode Island Chapter of the Cystic
Fibrosis Foundation raised $1.8 million for CF research and patient care. The North
Andover walk raised $91,000.
We expect approximately 300 walkers. The registration, walk and clean-up will take
place between 9 AM and 3 PM. The walk committee, headed by Kim and Joel Myerson
and Kim and Rob Cheevers, handles logistics and will assure that the park is left in
impeccable condition.
Thank you for considering our request.
Sincerely,
4�
Carol M. Brad treet
Senior Director of Development
Walk Committee
Kim and Joel Myerson Kim and Rob Cheevers
86 Brookview Drive 106 Appleton Street
MASSACHUSETTS/RHODE ISLAND CHAPTER 220 NORTH MAIN STREET T:508.655.6000 W:HTTP://MASS-RLCFF.ORG
SUITE 104 T.800.966.0444 E: MASS-RI @CFF.ORG
NATICK,MA 01760 F:508.653.6942
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INTEROFFICE MEMORANDUM
DATE: September 10, 2013
TO: Adele Johnson, Administrative Secretary
FROM: Bruce Thibodeau, Director of Public Works
CC:
RE: Great Strides: A walk to Cure Cystic Fibrosis
The Division of Public Works has no objection to the request from Carol Bradstreet to
hold their Walk to Cure Cystic Fibrosis on Saturday, May 17, 2014 at Drummond Park.
TOWN OF NORTH ANDOVER
POLICE DEPARTMENT
"Community Partnership"
To: Adele Johnson
From: Lt.Eric J.Foulds
Date: September 10, 2013
Re: Cystic Fibrosis Walk
The Police Department recommends favorable action on Cystic Fibrosis Foundation's request to use
Drummond Park for a charity walk on May 17, 2014 as outlined in their letter.
In past years the walkers have used the sidewalk surrounding the Common for this walk. The Police
Department will assist walkers crossing intersections and in any other capacity needed.
1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012
Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us
TOWN OF NORTH ANDOVER
Fire Department
Central Fire headquarters—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
tjORTH
Andrew Melnikas
Fire Chief 0 Telephone(978) 688-9593
FAX (978)688-9594
4V
L,t. F. McCarthy
'J5 atelnikas�e�-townofTorthatdover.cofn Fire Prevention Officer S US
fmccarth-,/(c7L)townof.tioi-thandover.com
Town Manager's Office
120 Main St.
North Andover, Ma
September 13,2013
Adele,
The Fire Department recommends favorable action for the Cystic Fibrosis Charity to hold a walk a thon
[Great Strides] on May 17, 2014. Our only request is to be notified the day of the walk and to include any
street closings or detours.
Regards
Lt Frederick McCarthy
Fire Prevention
978-688-9590
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:
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 Nor��t""h Andover.
��
North Andover Address of Group or Individual: "°& 60(oln
Name of Contact Person:
Phone Number of Contact Person:
Email Address of Contact Person: o-ov f ig -
Date(s)that Town Common use is requested: apt � c m ��r j a s-cc:' L i
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 71n
A) Is the purpo e of the use of the Town Common to for the public display of art, banners,signs and
symbols? Yes 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?
Yes No
If the answer to Question A is yes, please complete Section 2, if the answer to Question 8 is yes, please complete
Section 3. If the Answer to Questions A& 8 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:
Please provide a sketch or picture of what you will be displaying.
Will you need access to electricity for your display? n"-� If yes,for what purpose
��A IMAk wm &
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: 9 3 ,
C La LOO ,nom,�_ Q A t'a aS�, f3r�
4 ' �,
The event will begin at , ".y —a.m./, .0 and end at ';t, a.m. p.m.
In total, how many individuals do you anticipate attending the event? ° c"
At any one time during the event,what is the maximum number of people expected to be on the common?
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 rovide the time of their shifts:
10�mm a,4 May"
Will you be erecting any temporary structures on the common such as tents,fences, athletic equipment?
If yes, please describe the size and type of structures:
Will you need access to electricity for this event? If yes,for what purpose: __(O kk
�'g %CQ �"
Will you be serving any food or beverages during the event?
Will you be charging a fee for any services provided such as food, beverages,games, races, etc.?
If yes; please provide a fee schedule and attach
Please describe where vehicles of participants in the event will park:
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 Common Application Page 2
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 th r ereon.
Signed
Printed Name:
Date: ()q& 113
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 @town of northand over.com
Town Common Application Page 3
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INTEROFFICE MEMORANDUM
DATE: 9/12/13
TO: Adele Johnson,Administrative Secretary
FROM: Bruce Thibodeau, Director of Public Works
CC:
RE: Hanukkah Menorah
The Division of Public Works has no objection to the request from Mr. Borenstein to use the
Town Common for the lighting of the Menorah on December 3, 2013 from 5:30 until 7:00pm.
There is also no objection that the Menorah be on the Common from November 26 through
December 5, 2013
Please let them know that the Menorah must be erected by the proponents and installation
coordinated with the DPW. The DPW will give direction for the electrical connections.
r'
TOWN OF NORTH ANDOVER
POLICE DEPARTMENT
"Community Partnership" - -
To: Adele Johnson
From: Lt. Eric J. Foulds
Date: September 12, 2013
Re: Use of Common—Chanuka Celebration
The Police Department recommends favorable action on Rabbi Zalman Borenstein's request to use the
Common, from November 26, 2013 to December 5, 2013, as outlined in the application.
The Police Department will provide coverage to assist with pedestrian traffic on December 3, 2013, from
1730hrs— 1900hrs, for the lighting of the Menorah, and will assist with any other safety and security
issues that may arise.
1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012
Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napd.us
TOWN OF NORTH ANDOVER
`
Fire Department
Central Fire Dcudquurtera—Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS Ul845
Andrew Moinikas
Fire Chief ]`u|epbone(q7D) 688-g593
FAX (97D) 688'95P4
Lt. F. McCarthy
Fire Prevention Officer
Town `u (}fficm
120 Main St.
North Andover, Mu
September l3,2Ol3
Adele,
The Fire Department recommends favorable action for the annual Chanukah Ceremony scheduled on the
Town Common ou December 3, 20l3. The Departments only request would bc notification in the event
of road closure or detour.
Regards
Lt Frederick McCarthy
Fire Prevention
978-688-0590
1,.
COMMUNITY DEVELOPMENT DIVISION
Building Conservation Health Planning Zoning
MEMORANDUM
TO: Andrew W. Maylor,Town Manager
FROM: Judy Tymon,Town Planner
RE: Affordable Unit Resale
DATE: September 19, 2013
CHAPA(Citizens' Housing and Planning Association), has notified the Town that the following affordable
units are up for sale. CHAPA manages the resale of affordable units at the Kittredge Crossing and
Oakridge Village/Maplewood Reserve development.
210 Chickering Road, Unit 304A—Kittredge Crossing
2 Harvest Drive Unit 203—Oakridge Village/Maplewood Reserve
The Board of Selectmen has to determine if they want to exercise their right of first refusal. Our office
would recommend that the Board of Selectmen should not exercise their right of first refusal for the
affordable housing units. If the Town chooses to exercise its right,then it would be the responsibility of
the Town to purchase the properties or locate an individual to purchase the properties.
CHAPA,which is the monitoring agent for the Town and several other communities, has better
resources to preserve the units as affordable and has recently hired new staff to manage the marketing
of the unit. The timeframe is 120 days to find an applicant that meets the affordable criteria.
Our office continues to work with the North Andover Housing Trust to ensure that the units stay
affordable.
The deadline to act is October 13 for the Kittredge Crossing unit and October 17 for the Oakridge Village
unit. If the Board does not act the right of first refusal is deemed authorized. It is recommended that
the Board of Selectmen not exercise their right of first refusal.
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthanclover.com
•
• ��cn� Town of North Andover
Office of the
• Town Manager
North Andover Town Hal]
120 Main Street � a
North Andover, MA 01845
e-mail:
amaylor @townofnorthandover.com
Andrew W. Maylor Telephone (978)688-9510
Town Manager Fax (978)688-9556
September 24, 2013
Mr. William Palmer, P.E.
Transportation Planner
Massachusetts Department of Transportation
Office of Transportation Planning
Ten Park Plaza, Room 4150
Boston, MA 02116
Dear Mr. Palmer,
On behalf of the Town of North Andover, I would like to express our full endorsement of
the recommendations contained in the "North Andover Middle School — North Andover,
Massachusetts - Safe Routes to School Infrastructure Program - Preliminary Assessment" dated
May 30, 2013. The North Andover Board of Selectmen discussed the general scope of
Recommendation 1 and other secondary recommendations at a regularly scheduled meeting on
September 23, 2013. In addition two public meetings were held, on July 16 and September 10,
2013. At one of those meetings, many residents asked if mid-block crosswalks could be
provided, across Greene St., in the vicinity of Putnam and Pembrook Streets. If this addition can
be made to the project, it would greatly enhance safety for the many children who either walk or
live in that area.
We understand that the Town will be responsible for the following items:
1. Review the final design plans, once submitted, and provide any comments to the SRTS Team
and MassDOT's Project Manager
2. Provide written documentation of the Town's formal acceptance of Greene Street and Parker
Street as public layout(right-of-way)
3. Assist MassDOT in coordinating a meeting space for the Design Public Hearing, which
would occur after reviewing staff comments on a combined 25/75% plan submission
4. Meet with adjacent property owners, as necessary, to discuss and coordinate the right-of-way
process
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5. Perform any legal work or appraisals, as required, to support a Town Meeting action to
support acquisition of property or easements and associated recordings at the Registry of
Deeds
6. Secure any required rights-of-entry, secure donated easements, and/or compensate adjacent
private property owners for easements; MassDOT will provide easement plans for the
Town's use through its consultant team
We are committed to our identified role in the project and will provide the appropriate municipal
staff to coordinate design details with MassDOT's Highway Division, Right-of-Way Bureau, and
your consultant team. I have asked Gene Willis, Director of Department of Public Works, to
continue to act as our liaison for this project. If your staff requires additional information to
advance the project, please contact him at gwillis @townofnorthandover.com or at (978) 685-
0950 Ext. 44014.
We look forward to reviewing the final design documents, offering our input to shape the
design, and ultimately providing a successful Safe Routes to School project for so many of our
walking and biking students.
Regards,
Andrew W. Maylor
Town Manager
North
North Andover Massachusetts
Safe Routes to School Infrastructure Program
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Massachusetts Department of Transportation (MassDOT)
Office of Transportation Planning
Me7sufDOT Preliminary Assessment
m chus*M Depattomw of Tr May 30,2012
7** 7
1VIas'sa'chiise`tts` Safe{Route`s to school Infrastructure Team Safi' Routes to School
North Andover,Middle;School-- North Andover, Nlzisst.chusetts—Prelimitutry Assessment Report
1 Introduction
This Safe Routes to School (SRTS)Infrastructure Assessment for the North Andover
Middle School (HAMS) in North Andover, Massachusetts is a summary of potential
improvements that are intended to make walking and bicycling safer and more attractive
modes for children traveling to and from school. This assessment includes
recommendations that can either be implemented as part of the Massachusetts SRTS
Infrastructure Program or pursued by the Town of North Andover as part of a future
project. This document describes the SRTS program, the travel characteristics of the
North Andover Middle School student population, issues related to pedestrian and bicycle
access to the school, and the results of the preliminary assessment effort.
1.1 The SRTS Program
The federal-aid SRTS Program was created by Section 1404 of the Safe,Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU),
signed into Public Law(P.L. 109-59) on August 10, 2005. The federal-aid program was
formerly,administered by the Federal Highway Administration(FHWA) Office of Safety.
Under the Moving Ahead for Progress in the 21St Century Act (MAP-21),which was
signed into law on July 6, 2012,the SRTS program was incorporated into the
Transportation Alternatives (TA)program and is now administered by the Office of
Planning,Environment, and Realty,(HEP). The SRTS Program provides federal-aid
highway funds to state Departments of Transportation (DOTs)in accordance with a
formula specified in the legislation. These funds are available for infrastructure and non-
infrastructure projects and to administer state SRTS programs that benefit elementary and
middle school children in grades K-8.
According to the federal legislation that created SRTS,the program's purpose is:
(1) To enable and encourage children, including those with disabilities,to walk and
bicycle to school;
(2) To make bicycling and walking to school a safer and more appealing
transportation alternative,thereby encouraging a healthy and active lifestyle from
an early age; and
(3) To facilitate the planning, development, and implementation of projects and
activities that will improve safety and reduce traffic, fuel consumption, and air
pollution in the vicinity of schools.
In Massachusetts,the program is administered through the Massachusetts Department of
Transportation(MassDOT), and is composed of two parts: an education/encouragement
component and an infrastructure improvement component. MassRIDES,the
Commonwealth's travel option service, delivers the in-school education and
encouragement program for MassDOT.
A consultant team led by TEC, Inc. under contract to MassDOT delivers the
infrastructure improvement program. The TEC Team evaluates walking and bicycling
access conditions at the school; identifies potential infrastructure projects that would
improve pedestrian and bicycle access; and develops designs for a selected set of high
Pagel of29
North Ai,,dove r Middle School Nartl€Afid€ive€-, M assachmetts --Pivlhi€€ai€y :'assess€rye€€t:Report
priority pedestrian and bicycle access improvements. The infrastructure improvement
program typically begins with an SRTS Infrastructure Assessment report that identifies
factors limiting walking and biking to school, and makes recommendations for measures
to increase the number of students walking and biking or improve safety for those
students already walking and biking.
1.2 MassDOT Policy Support for SRTS
MassDOT policy and practice is strongly supportive of the SRTS program and the
infrastructure improvement projects that it makes possible. Key MassDOT policies that
support SRTS include:
• The GreenDOT Policy,MassDOT's comprehensive sustainability initiative that is
designed to integrate environmental responsibility into all MassDOT functions.
GreenDOT is driven by three primary goals: reduce greenhouse gas emissions;
promote the healthy transportation options of walking, bicycling, and.public
transit; and support smart growth development.
• Complete Streets,the comprehensive multi-modal design philosophy in
MassDOT's Project Development and Design Guide. Complete Streets calls for
safe and appropriate accommodation of all roadway users, and an approach to
roadway design that works "from the outside in," giving critical early
consideration not only to motor vehicles,but also pedestrians, bicyclists, and
public transit riders.
• The Healthy Transportation Compact, an inter-agency group established by the
2009 Transportation Reform Law that established MassDOT,which includes
MassDOT, the Executive Office of Health and Human Services, and the
Executive Office of Energy and Environmental Affairs. The Healthy
Transportation Compact is designed to promote healthy lifestyles through
transportation system design and operations that facilitate walking, bicycling, and
other active transportation modes.
• The Mode Shift Goal, announced by MassDOT in October 2012, is an initiative to
triple the share of distance travelled by bicycling,transit and walking by 2030. In
collaboration with regional transportation partners, community leaders, advocates
and customers, MassDOT will reconsider what is possible for the
Commonwealth's transportation system and imagine healthier, greener and
cleaner mobility. The Mode Shift Goal is featured in MassDOT's GreenDOT
Implementation Plan.
These policies are all consistent with and supportive of the SRTS program, which seeks
to promote active transportation and healthy lifestyles among the next generation of
Massachusetts residents. It is MassDOT's desire that the SRTS program not only create
healthy habits that will last a lifetime, but also to help educate school children on the
importance of ensuring opportunities for active transportation in the way that we build
and operate our transportation system.
Page 2 of 29
North Andover Middle School-- Nor0i Andover,Massachusetts--l'rciirriariai.ry Assessnicilt:Report
1.3 The School Assessment Program
Over the course of a three-year period,MassDOT,through the TEC Team, has conducted
assessments at over 50 schools throughout the Commonwealth. The North Andover
Middle School was selected to receive an assessment as part of the fifth round of
assessments.
In order to receive an infrastructure assessment, a school must have participated for at
least one year in the education and encouragement program managed by MassRIDES,
and the school must complete an assessment request. The assessment request must
include a letter of support from the municipality's chief executive naming a municipal
liaison for future coordination and committing the municipality to fulfilling their
responsibilities under the SRTS infrastructure program. To date, infrastructure
assessments have been limited to one per community unless a school is not a good
candidate for a project; in a case such as this, another SRTS partner school in that
community may be eligible to receive an infrastructure assessment. A more detailed
description of the assessment request submitted by the North Andover Middle School is
included in Section 2.1.
1.4 Use of Assessment Recommendations
If the TEC Team is able to identify measures that could improve bicycling and walking
conditions at the school, an assessment report is produced. The assessment report
includes a review of the assessment request and obstacles to walking and bicycling
identified by the school; an evaluation of existing conditions and observations of current
behavior; an identification of potential infrastructure improvements; and a preliminary
evaluation of these improvements with respect to of feasibility, safety benefits, likelihood
of increasing walking and bicycling, and cost.
Based on this preliminary evaluation, several potential infrastructure projects are
typically developed in greater detail for review with the school and municipal
stakeholders. After this review, final implementation recommendations are made. A
detailed description of the process following completion of the assessment report is
included in Section 4.
2 North Andover Middle School
The North Andover Middle School is located at 495 Main Street, on the southwest corner
of Main Street and Chickering Road (Route 125) in North Andover. Figure 1 shows the
school's relationship to the network of arterial roadways, which carry heavy traffic
volumes that can be a barrier to walking and bicycling. Figure 2 shows the school's
relationship to the streets within a one-mile radius of the school. Both graphics are based
on Geographic Information System(GIS) files maintained by MassDOT's Office of
Transportation Planning.
This assessment focuses on the streets immediately'adjacent to the school grounds
because these are the streets that carry the greatest volume of school-related walking and
bicycling trips.
Page 3 of 29
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Figure l: Map of Nor h Andover,MA
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Safe Routes to School
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Paw 5 of 29
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2.1 SRTS School Assessment Request
All schools that have participated in the SRTS education and encouragement program
with Mass-RIDES for a period of at least one year are eligible to request.an assessment of
the infrastructure surrounding their school. In order to request an assessment, the school
must submit an Assessment Request Form, along with a letter of support from the
municipality's chief elected official, to MassRIDES. The Assessment Request Form is
used by MassDOT, MassRIDES, and the TEC Team to determine which schools are most
appropriate to receive an infrastructure assessment. Key elements used to determine the
appropriateness of an infrastructure assessment include the potential for increasing
walking/biking,number of students currently walking/biking, existing and potential
future safety conditions, and level of school involvement in education and encouragement
activities.
In April 2010, MassDOT accepted Assessment Request Forms from eligible schools as
part of Round 5 of the SRTS Infrastructure Assessment program. The Assessment
Request Form submitted by the North Andover Middle School at that time is provided
below.
Completed SRTS School Assessment Request Form
Submitted by the North Andover Middle School, North Andover
School Information Munici a ity Information
School North Andover Middle School Municipality Town of North Andover
Name Name
Street 495 Main Street Mailing 120 Main Street
Address North Andover, MA 01845 Address North Andover, MA 01845
Contact Joan McQuade Contact Name Gene Willis
Name
Tel. No. (978) 794-1870 Tel. No. (978) 688-9510
Email mcpuadeiCcDnorthandover.k12.ma.us Email gwillis townofnorthandover.com
Start Time 7:25 AM
Dismissal Time 2:05 PM
School Population Information
Grade K 1 2 3 4 5 6, 7 8 Sum
Number of Students - - - - - - 344 372 353 1069
Actual number residing within 1 _ _ 31 84 81 196
mile of school
Estimated number who _ _ _ _ 30 80 80 190
currently walk/bicycle
Are students bused within 1 mile of the school? Explain if yes.
Yes. Students may subscribe to a fee-paid program and ride the school bus to and/or from the
school.
Page 6 of 29
North Andover Middle school_.North At'idover•, V ass<ichLIS 9ttS—Flrelhninary Assessment Report
Describe the potential for increasing walking and bicycling to the school
North Andover Middle School (NAMS) is located at the intersection of Route 125 and Main Street in
North Andover. The school is surrounded by primarily residential neighborhoods along with several
small business districts. There are also several very large Section 8 and low income housing
neighborhoods within one mile of the school. NAMS is also located within one mile of our busy
high density pedestrian friendly downtown area. In addition, 4 of our 5 elementary schools are
located within one mile of NAMS.
Encouraging students to walk to school would be more effective if we could improve sidewalks from
NAMS to each of the elementary schools, on Main Street toward the downtown area, and most
especially, along Route 125 (state owned road). Currently,we have limited sidewalk infrastructure
and students frequently are required to walk in the road for sections of their commute (especially in
the winter)—or walk on sidewalks that are not well maintained (no curb, chipped and broke asphalt,
and very close to the road).
We are especially concerned with two large intersections near our school.
The first is the intersection of Route 125 and Main Street, which sits on the corner of the school
property. The intersection is in a state of ruin. The asphalt is pot-holed, the crosswalks are faded,
the crossing signals are damaged. This intersection is the main access to our school for the
majority of student walkers.
The second intersection at the corner of Massachusetts Avenue and Route 125 is identified by our
police department as one of the worst in Massachusetts. Multiple car accidents.occur due to the
lay-out of the intersection. This intersection is en route to a large low income housing community.
There is a growing interest in bicycling to school. Our school has an antiquated bike rack which
has recently been moved to a more visible location. It would encourage more bike riders if we had
multiple racks for each of the three school entrances. Better crosswalk marking and improved
intersections would reassure parents of a safe route to school via bicycling.
Our town recently participated in the Massachusetts Walk/Ride to School Day. We identified
several problem areas in our community that if corrected would definitely encourage students to
walk and ride to school. These infrastructure improvements would also help parents to feel more
secure in encouraging their children to walk/ride to school.
Describe the problems you school faces regarding safe routes to your school
There are several major areas of improvement that would encourage more students to walk/ride to
school.
Sidewalks: The sidewalks connecting NAMS to 4 of our 5 elementary schools are in poor
conditions and in some cases non-existent. Many middle school students walk to the elementary
schools to wait for younger siblings to be released from school in order to escort them home.
Three of these schools are located on Route 125, which runs adjacent to NAMS. Route 125
bisects our community and is arguably one of the busiest roads in our town, specifically in the
morning commuting times when students are trying to travel to school. The few areas of sidewalks
on Route 125 are in abysmal condition. Many sections of Route 125 do not have a sidewalk and
those that do lack curbs, regular maintenance, adequate plowing in the winter, and safe setbacks
from Route 125. Improved sidewalks on both sides of Route 125 would greatly encourage students
to walk/ride in safety.
The sidewalk on Main Street in North Andover, which runs directly in front of the school, has an
alternating sidewalk. Students walking on this road would have to cross three times to the opposite
side of the street to stay on a sidewalk. There are no crossing guards or crosswalks to help
students cross over when the sidewalk switches sides of the street. Hence, most students walk on
the edge of Main Street or in the road. This is particularly unsafe in the winter when we have large
snow banks. Main Street connects NAMS to our busy pedestrian friendly downtown. With
sidewalks installed on both sides of Main Street, our students would have a safe route to our
downtown.
Intersections: Two intersections near NAMS are of concern. The first is at the corner of our school
property. Over 500 students use this intersection, especially on Friday afternoons when they travel
Page 7 of 29
North Andover Nliddl€;School--NGrth Aridover,Massr.dnisetts Report
by foot to our community Youth Center approximately 1 mile from the school. The intersection of
Route 125 and Main Street is in very bad condition. Improvement of this intersection would be a
deciding factor in parents letting the kids walk/ride to school more often.
The second intersection is at the corner of Massachusetts Avenue and Route 125, which connects
our middle school to another popular walking destination for students as well as the YMCA. The
intersection is very hazardous and does not have a crossing guard stationed to help students. This
intersection is en route to a large low income housing community located within 1 mile of the middle
school.
Crossing Guards: As with other communities, budget cuts have impacted the number of crossing
guards on duty. An increase of funding would help ensure that safety of our students.
Bike Racks:
Our school has one very old bike rack. It would be very helpful if we had three secure bike racks
located at each of our three main entrances.
Are there any recommendations within school district planning documents about potential
closure/relocation of this school?
No.
The principal issues identified in the assessment request relate to missing or intermittent
sidewalk sections,pedestrian crossing improvements, and connections to other area
schools. These issues are described further in the next chapter as well as in the
recommendations in Chapter 3.
2.2 Participation in SRTS Education and Encouragement
The North Andover Middle School joined the Massachusetts SRTS program in
April 2009. The program successfully encourages and educates students and parents
through information distribution, special events,participation in Massachusetts Walk and
Bicycle to School Day, and pedestrian and bicycle safety education included in daily
health classes.
2.3 Selection of School
The North Andover Middle School has been actively involved in education and
encouragement activities through the SRTS program for over a year, making it eligible
for an SRTS Infrastructure Assessment. Based on the Assessment Request Form
submitted by the school, approximately 20 percent of the school's student population
resides within a 1-mile radius of the school. A strong majority of those students currently
walk or bike to school. However, the assessment request identifies a number of safety
issues for these students currently walking or bicycling to school,which the TEC Team
site visit bore out. Therefore, a project(s)proposed for construction through the
MassDOT SRTS Infrastructure Program may be justified for this school based on its
potential to improve safety for students currently walking or bicycling to the school,
rather than facilitating an increase in walking and bicycling.
In addition, there are two elementary schools located in close proximity to North
Andover Middle School: Atkinson Elementary School and Kittredge Elementary School.
As a result, any pedestrian and bicycle safety improvements constructed as part of a
SRTS project for North Andover Middle School would also benefit the walking and
biking populations of the Atkinson and Kittredge School students as well.
Page 8 of 29
North Andover Middle School--North Aticlover, ktassa.chiisetts -Preliminary Assessment Report
2.4 Field Visit
The TEC Team attended a preliminary assessment meeting and performed a field visit
and inventory of sidewalks at North Andover Middle School on October 27, 2010. The
following people attended the meeting:
Attendee: Representing:
Gene Willis North Andover Town Engineer/
Department of Public Works
Judy Tymon North Andover Town Planner
Mark Wilson North Andover Police Department
Lt. John Carney North Andover Police Department
Jim Mealey North Andover School Superintendent's Office
Kristen Hollenbeck North Andover Middle School Parent
Lisa Schletzbaum MassDOT
Keith Arnold MassDOT, District 4
Misrak Sultan MassDOT, District 4
Ben Hammer MassRIDES
Samantha Fonseca-Moreira MassRIDES
Kevin Dandrade TEC, Inc.
Rebecca Brown TEC, Inc.
At the preliminary assessment meeting, school and Town staff identified factors
impacting walking and biking to North Andover Middle School, including the issues that
were identified in the assessment request. As part of the field visit and inventory,the
TEC Team observed school arrival and dismissal procedures and activities; catalogued
the locations of key walking and bicycle infrastructure, including sidewalks, pathways,
and traffic control features; and identified other factors impacting travel to and from the
school. The detailed walking and bicycling,infrastructure inventory is shown in Figure 3.
The TEC Team's observations and assessments on walking and bicycling operations at
North Andover Middle School are delineated in Section 2.5.
TEC performed additional field visits following the preliminary assessment meeting to
confirm the proposed limits of work as part of the review process with Town staff and
MassDOT.
Page 9 of 29
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—0, One-Way Street
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Pedestrian Overpass
Note: Streets not marked were not
observed during the site visit.
Figure 3: Existing Conditions Around North Andover Middle School
IVI s'sachusett`s Safe Routes to School Infrastructure Team
R�t� hoCl
Page 10of29 �,,
North Atidover Aiddle School--Nor0h A tidover,Massachwetts-- Prelhnifm y Assessine€it Report
2.5 General Observations
The following observations are based on the TEC Team's field observations and the
group meeting, in the context of the information in the Assessment Request,unless
otherwise noted.
School Arrival and Dismissal
• Each day upon dismissal, approximately 100 students travel from North Andover
Middle School to the youth center near the intersection of Johnson Street/ Great
Pond Road. On some Fridays, school officials report that over 500 students travel
from North Andover Middle School and other area schools to the youth center.
Many of these students use side roads with no sidewalks (e.g. Beacon Hill
Boulevard and Bay State Road) to avoid traveling on Massachusetts Avenue and
Route 125,which is identified as a problematic intersection in the Assessment
Request. This issue is addressed in Recommendations 3 and 6 in Chapter 3.
• The North Andover Middle School recently participated in the Massachusetts
Walk/Ride to School Day. Students met at the intersection of Main Street and
First Street in front of North Andover Town Hall to walk to school. Two police
officers were required because the sidewalk is not continuous on both sides of the
roadway, causing students to have to cross Main Street multiple times to stay on
the sidewalk, a problem that was noted in the Assessment Request. This issue is
addressed in Recommendation 5 in Chapter 3.
• There is considerable support for implementing additional organized walking
days. Due to the lack of sidewalks and high traffic volumes, organizers must
coordinate extensively and involve the police in the activity. As stated in the
Assessment Request, provision of continuous sidewalks along the major roadways
connecting to the school is a high priority for school and town officials, who feel
it would improve safety for students walking and bicycling to school.
• The Town of North Andover has implemented a"No Idling"restriction around all
schools as part of a green initiative program. This local regulation is more
stringent than the state law that prohibits motor vehicle idling for more than five
minutes as it prohibits idling for any length of time.
• During dismissal, the TEC Team observed students crossing Main Street between
vehicles that were queued at the signalized intersection with Route 125 in order to
get to the pizza restaurant and Route 125 to the north. This issue is addressed in
Recommendation 2 in Chapter 3.
Sidewalk and Pathway Infrastructure
• In the Assessment Request and at the preliminary meeting, Massachusetts Avenue
was identified as a major safety concern for students walking and biking to school
due to missing sidewalk sections, heavy traffic volumes, and high travel speeds.
The intersection of Massachusetts Avenue and Greene Street features six
intersection approaches and streets that are not properly aligned. The expanse of
pavement is wide, sidewalks are in poor condition, sidewalks are discontinuous,
and there are inadequate curb ramps. The TEC Team observed in the field that
Page 11 of 29
North Andover Middle School--North Andover, Prelirrainary Assessment Report
this intersection is heavily used by middle and elementary school students to
travel to and from school. Although this intersection was not mentioned in the
Assessment Request, this intersection was identified at the preliminary meetings
as an important connection to the school and a major safety issue, and it is
addressed in Recommendation 1 in Chapter 3.
• Based on feedback from School and Town officials at the preliminary meeting,
the TEC Team observed that Parker Street and Greene Street are heavily used by
middle and elementary school students to travel to/from school, and they also
provide connections to several other residential neighborhoods. These streets
provide access to a large concentration of residences located to the west of the
middle school, and provide the opportunity for walking and biking off major
roadways. Parker Street provides an important connection between the rear of the
North Andover Middle School and Atkinson Elementary School from Greene
Street. This route is used by many students walking to school in order to avoid
traveling along Main Street, Route 125, and Massachusetts Avenue, which are
extremely busy streets that were identified in the Assessment Request as major
safety concerns for students walking to school. The lack of sidewalks on these
roadways forces students to walk in the roadway. Although this issue was not
raised in the Assessment Request,the TEC Team identified the Greene Street—
Parker Street corridor as an important connection to the school;potential
improvements are proposed in Recommendation 1 in Chapter 3.
• As noted in the Assessment Request,the sidewalk along Main Street between the
school and the downtown business district has significant sections that are in poor
condition or missing altogether. The following specific issues were observed;
these are addressed in Recommendation 2 in Chapter 3:
• There is no curb reveal along the northerly side of Main Street between
Route 125 and Park Street. Many students cross to this side of the street
after school to access the pizza restaurant opposite the school.
• There is no curb reveal on the sidewalk along the north side of Main Street
between Osgood Street and Route 125, which enables drivers to park on the
sidewalk.
• The crosswalk on Osgood Street at the intersection with Main Street is
extremely long due to the skewed angle of the intersection, which also
results in large turning radii and high vehicle turning speeds. On-street
parking, combined with the horizontal curvature on Main Street and the
steep grade on Osgood Street, limits visibility of pedestrians in the
crosswalk.
• As noted in the Assessment Request, Route 125 divides North Andover and is
perceived as a major barrier to students walking to school. High traffic volumes
on this roadway, combined with poor sidewalks that have little or no curb reveal,
makes walking to school along Route 125 unpleasant. These issues are addressed
in Recommendations 2, 3 and 6 in Chapter 3.
• There is a section of sidewalk missing on the north side of Massachusetts Avenue
in the vicinity of Route 125 and Osgood Street. The North Andover Police
Paae 12 of 29
North Andovet•Middle School-- North A€dove€-,Ml ass,. htisetts --Piieffiniri,-ry Assessment Repart
Department has stated that the Massachusetts Avenue/Route 125 intersection is a
high crash location. Many NAMS students walk to the Youth Center down
Osgood Street instead of Massachusetts Avenue due to a lack of sidewalks on
Massachusetts Avenue. This issue is addressed in Recommendation 3 in
Chapter 3.
• Although a sidewalk is provided on the west side of Route 125 near NAME and
the Atkinson School,there are no pedestrian connections between this sidewalk
and the schools. There is an extremely wide driveway connecting the schools to
one another and to Route 125; however, there is no separation between this
driveway and the parking lot adjacent to the athletic fields. The combination of
the width of the driveway and poor definition of lanes reduces pedestrian safety in
this area. This issue is addressed in Recommendation 4 in Chapter 3.
• Although students regularly travel between the two schools for walking routes
and recreational activities,there is no sidewalk connection between NAMS and
the Atkinson Elementary School, which results in students from both schools
cutting through the athletic fields for school access from the neighborhood west of
the schools. This issue is addressed in Recommendations 4 and 7 in Chapter 3.
• Elm Street, Greene Street, and Main Street intersect at a skewed angle, which
results in extremely long pedestrian crossings and wide turning radii that allow
excessive speed. The sidewalk along Main Street is inconsistent and switches
sides of the roadway in several locations between NAME and Third Street. As a
result, students walk along the edge of the roadway or in the roadway instead of
making multiple crossings to stay on the sidewalk. This issue is addressed in
Recommendation 5 in Chapter 3.
• The sidewalks along Route 125 are in disrepair and have little to no curb reveal,
which results in vehicles parking or driving on the sidewalk to pass. This issue is
addressed in Recommendation 6 in Chapter 3.
• There is a missing sidewalk section along the west side of Route 125 between
Fernview Avenue and Farrwood Avenue, which results in a gap in the sidewalk
connection between Andover Street and NAMS. This issue is addressed in
Recommendation 6 in Chapter 3.
• As mentioned in the Assessment Request,there is one old bicycle rack at the rear
entrance of the school. In order to provide adequate and convenient storage to
enable more students to bicycle to school, additional bicycle racks should be
installed at various convenient locations on the school ground. This issue is not
directly addressed in any of the recommendations, but the Town of North
Andover should consider implementing this as an independent project.
Traffic Speeds and Volumes
• Based on traffic counts collected by MassDOT in 2001 and 2006, Main Street
adjacent to NAMS carries approximately 9,600 vehicles per day and Chickering
Road(Route 125) carries approximately 14,500 vehicles per day.
• There is a perceived speeding problem on Main Street near Osgood Street. At
present, there is a police station at this location, which is proposed for relocation;
Pane 12 of 29
North Aticlover Middle School--North A idowr, Massachtisett:s--Pi-eliiitiriary.Assessriiellt Relxwt
there is concern that more speeding will occur once the police station is relocated.
This issue is addressed in Recommendation 2 in Chapter 3.
Crossing Guards
• A crossing guard is stationed at the intersection of Main Street and Chickering
Road (Route 125) to assist students from NAME and the Atkinson Elementary
School in crossing the intersection.
• A crossing guard is stationed at the crosswalk on Main Street to the west of
NAMS to assist the Atkinson Elementary School students in crossing the
roadway, but is not present during arrival and dismissal periods for NAME.
• A crossing guard is stationed at the intersection of Massachusetts Avenue and
Waverly Road to assist students in crossing the roadway toward downtown.
2.6 Municipal and State Construction Projects
Transportation improvement projects are proposed in North Andover within a 1-mile
radius of the North Andover Middle School. These projects must be taken into account
in developing the recommendations for the SRTS infrastructure assessment in order to
ensure that the SRTS recommendations are not conflicting with or redundant to other
planned projects. A brief summary of these projects is provided below.
• Route 125 and Massachusetts Avenue: MassDOT is planning to construct
improvements at the intersection of Route 125 and Massachusetts Avenue
(Project#606159). The project, which is currently in preliminary design, includes
minor widening for turn lanes, geometric alignment, sidewalk construction,
reconstruction of ADA-accessible ramps,pavement markings, signage, and signal
upgrades. The project is programmed in the Merrimack Valley Metropolitan
Planning Organization's Transportation Improvement Program(TIP) for federal
fiscal year 2016.
• Elm Street Improvements: The Town of North Andover is currently building
roadway improvements along Elm Street, between Water Street.and Main Street,
which began in the summer of 2011. The project currently includes the
realignment of the intersection of Main Street and Elm Street to shorten the
crossing width on Elm Street and the construction of continuous sidewalks along
both sides of Elm Street.
• Traffic Signal Upgrades: MassDOT plans to upgrade traffic signal equipment at
eight signalized intersections along Route 125 (Project#605730), which include
the intersections with Prescott Street, Walker Street, Main Street, and
Massachusetts Avenue. The project involves installation of new loop detectors or
video detection at each intersection along with installation of new pedestrian
signal equipment, including push buttons and signal heads. The project is
programmed in the Merrimack Valley Metropolitan Planning Organization's TIP
for federal fiscal year 2014.
• Route 125 Resurfacing: MassDOT plans to complete a resurfacing project along
Route 125 from the intersection with Route 28 in Andover to the Haverhill/
Paos 14 of 29
North Andover Middle;School--North Aticimer,s' lassachsetts —Pi- liriiis7-,.ta�y.Assessrrlerit Report
North Andover Town Line (Project#605694). This project will include
resurfacing of the roadway as well as construction of sidewalks and
reconstruction of ADA-accessible ramps. The project is currently in the 75%
design phase but the construction schedule and funding for this project has not yet
been identified.
3 Recommendations for Improvement
In the school's assessment request and during the field visit,North Andover Middle
School and Town of North Andover staff identified a number of existing safety concerns
and infrastructure deficiencies related to walking and bicycling access to the school (See
Sections 2.1, 2.4 and 2.5). During the field visit,the TEC Team identified additional
deficiencies and needs (See Section 2.5).
The TEC Team has made a number of recommendations for infrastructure improvements
that address these issues and deficiencies, focused principally on missing sidewalk
sections and unsafe pedestrian crossings. However, due to the constraints of program
budget and schedule, MassDOT cannot fund all of the projects identified by
infrastructure assessments through its SRTS infrastructure program. Recommendations
made for a given school must be weighed against each other, and against the
recommendations made for other schools in the context of program funding and expected
benefits from each recommendation. Therefore,the recommendations are divided into
those projects that could be advanced by MassDOT with SRTS funds and other projects
that could be built in the future by the Town of North Andover using other funding
sources. The following section discusses the criteria that are used to determine whether a
project is appropriate for federal funding.
3.1 Project Selection Criteria
When determining whether to recommend implementation of a potential project using
SRTS Infrastructure Program funds, MassDOT considers its feasibility, safety and
mobility benefits,number of students expected to benefit,property and other impacts,
and construction cost. All of the projects identified in this assessment report satisfy basic
thresholds for all of these criteria: they are feasible projects that would improve the safety
and/or convenience of walking or bicycling to the North Andover Middle School for a
significant number of students, with reasonable impacts.
The next issue is identifying which of the recommended projects should be implemented
by MassDOT using federal funding. In general, MassDOT selects the highest priority
project or projects for SRTS Infrastructure Program construction:those with the greatest
safety and mobility benefits for the most students, assuming the impacts are manageable
and the budget is appropriate to the benefit and to the funding available through the
SRTS program.
The overall construction budget for a SRTS project needs to be within an appropriate
range: it must be a large enough project to justify the high design and review standards
required for the use of federal funding,but low enough to enable MassDOT to provide
improvements for as many communities as possible. Projects with construction costs that
are too low or too high, irrespective of their feasibility and benefits, are typically
recommended for construction by the municipality or through other funding sources.
PI of 9q
North Mlover Middle School --North Aodover, Massacln)s€;tts --11relhiiinary Assessynelit Report
Based on MassDOT's experience and the funding that is available for SRTS
infrastructure projects,the most desirable overall budget is approximately $400,000 -
$600,000. The most desirable SRTS infrastructure projects are those that provide a
significant benefit(such as a considerable length of sidewalk, coupled with moderate
intersection improvements),but that have minimal impacts to right-of-way,wetlands, and
grading. Conversely, less feasible projects are typically those that either require minimal
construction(such as signage or pavement markings), or those that require significant
land acquisition,permitting, clearing, re-grading, or construction of large retaining walls.
3.2 Potential MassDOT SRTS Infrastructure Projects
The improvement recommended for MassDOT construction using federal SRTS funding
is the construction of sidewalks along Parker Street and Greene Street, and pedestrian
safety improvements at the Massachusetts Avenue/Greene Street intersection. The
Town staff has identified this project as the highest priority project of those
recommended in this Assessment Report. Although several other roadways and
intersections were identified in the Assessment Request as major safety concerns,the
majority of these locations already have basic walking infrastructure. In addition,
MassDOT is already planning to make improvements to the Route 125 corridor,
including the key intersections at Main Street and Massachusetts Avenue.
Parker Street and Greene Street provide walking and biking access to a large number of
students at both the middle and elementary schools in the area. Coupled with
improvements currently under construction by the Town at the Main Street/Elm Street/
Greene Street intersection and new sidewalks along Elm Street, improvements along
Parker and Greene Streets would provide an important pedestrian connection to two
schools without requiring walking along Main Street, Route 125, or Massachusetts
Avenue, which were all identified as major safety concerns.
Recommendation 1—Construct Sidewalk along Parker Street and Greene Street
from North Andover Middle School to Massachusetts Avenue; Upgrade Intersection
of Massachusetts Avenue and Greene Street
Many North Andover Middle School and Atkinson School students live along Parker
Street, Greene Street, or other neighborhoods connecting to these streets. Parker Street
provides an important pedestrian connection between Greene Street and the rear access of
the North Andover Middle School and Atkinson School. In addition, students from other
neighborhoods use Greene Street and Parker Street to walk to school to avoid traveling
along Main Street, Route 125, and Massachusetts Avenue, which are busy roadways.
There are currently no sidewalks provided on Parker Street or Greene Street. Therefore,
students walk in the roadway to travel to and from school. Greene Street south of
Massachusetts Avenue provides a connection to several residential neighborhoods. The
intersection of Massachusetts Avenue and Greene Street is dangerous for pedestrians due
to the skewed angle of the intersection, wide pavement sections, vehicle speed on
Massachusetts Avenue, and long, unmarked pedestrian crossings. There are no
crosswalks provided on Massachusetts Avenue to indicate a safe crossing location for
pedestrians or alert drivers to pedestrians in the roadway. These factors are the basis for
the primary recommendation of this report.
Paqe 16 of 29
North Andover Middle School -Norlh Andover, .MassadILISt;t9:S- Pr•eliniinaq Assessment Report
The TEC Team recommends constructing pedestrian connections between NAMS and
the Parker Street and Greene Street neighborhoods. The major elements of the project
include:
• Construction of a 5-foot asphalt sidewalk along the southerly side of Parker Street
between Greene Street and the NAMS parking lot and along the southeasterly side of
Greene Street between Massachusetts Avenue and Faulkner Road.
• Reconstruction of the intersection of Greene Street and Parker Street to provide better
alignment and shorter pedestrian crossings.
• Reconstruction of the Greene Street southbound approach to Massachusetts Avenue
and removal of the channelization islands to create a standard T-type intersection.
• Reconstruction of the Greene Street northbound approach to Massachusetts Avenue
and removal of the channelization island to provide better alignment with Mifflin
Drive and a reduction in pavement width.
• Construction of ADA-accessible ramps on each corner of the intersection.
• Construction of a crosswalk with MUTCD-compliant school zone crossing signage
on Massachusetts Avenue just east of Greene Street to provide access to the North
Andover Middle and Atkinson Elementary Schools.
• Installation of SHARE THE ROAD signs and"sharrow" lane markings along Greene
Street and Parker Street.
The preliminary cost estimate for this improvement is approximately $630,000. See
Figure 5 for additional detail and a graphical depiction of the improvements. The
construction of the improvements will likely require temporary, and possibly permanent,
easements along the sidewalk. Whether or not to build a grass panel as a buffer between
the sidewalk and the roadway would be determined after a review of potential impacts to
street trees and private property.
3.3 Recommendations for Potential Implementation Using
Other Funding Sources
The TEC Team has.also identified other infrastructure projects that address less-pressing
concerns, but that are nevertheless expected to improve pedestrian and bicycle access to
the school property from adjacent neighborhoods. The list of potential secondary
projects includes the following:
• Reconstruction of sidewalks on Main Street from Osgood Street to Park Street
• Construction of missing sidewalk sections along Massachusetts Avenue
• Construction of a pedestrian connection from Route 125 to NAMS and Atkinson
Elementary School
• Construction of sidewalk along Main Street from Elm Street to Third Street
• Construction of sidewalk or multi-use pathway along Route 125
• Construction of pedestrian connection between the NAMS parking lot and
Atkinson Elementary School
Paae 17 of 29
North Andover Middle School -1-North Aiidove;•,Massacinisefts— Pi-efiriiiiiary flssessmefit:Repoll
These improvement projects are not expected to see the same level of use as the
improvements in Recommendation 1,but they would still provide additional routes for
pedestrians and bicyclists.
Recommendation 2—Reconstruct Sidewalks on Main Street from Osgood Street to
Park Street
The signage at the crosswalk on Main Street at the NAME entrance-only driveway does
not meet current MUTCD standards. Additionally,the ramps at this crosswalk do not
meet ADA guidelines.
There is a crosswalk on Main Street at the NAMS exit-only driveway that crosses to Sal's
Pizza on the opposite side of Main Street. There is no sidewalk along the northerly side
of Main Street in this area. In addition, the queue from the signalized intersection of
Route 125 and Main Street often extends to or beyond this driveway, resulting in
pedestrians crossing between stopped vehicles.
There is no curb reveal on the sidewalk along the northerly side of Main Street near the
Kittredge School,which results in vehicles parking on the sidewalk and forces
pedestrians to walk in the roadway.
Main Street and Osgood Street intersect at a skewed angle, which results in an
unnecessarily long crosswalk on Osgood Street. The skewed angle also results in large
turning radii and high vehicle turning speeds. Driver visibility of pedestrians in the
crosswalks on Osgood Street and Main Street is limited by on-street parking, the
horizontal curvature on Main Street, and the steep grade on Osgood Street.
The TEC Team recommends reconstructing sidewalks along Main Street between
Osgood Street and Park Street to improve pedestrian access between NAMS, the
Kittredge School, and surrounding residential neighborhoods. The major elements of the
project recommendations include:
• Construction of a 5-foot cement concrete sidewalk with vertical granite curbing along
the northerly side of Main Street from Osgood Street to the NAMS entrance
driveway.
• Reconstruction of the intersection of Main Street and Osgood Street to provide better
alignment and bump-outs for improved pedestrian safety.
• Relocation of the crosswalk on Main Street at the Kittredge School exit-only
driveway to improve visibility.
• Construction of ADA-accessible ramps at the intersections of Main Street with
Osgood Street, Route 125, and Park Street.
• Reconstruction of the sidewalk along the southerly side of Main Street just west of
the Kittredge School to provide a 5-foot concrete sidewalk connecting the school to
the Route 125/Main Street intersection.
• Elimination of the existing crosswalk on Main Street at the NAMS exit-only
driveway.
Panes 1 R nf'7Q
North i-idover Middle School—North Aiidowr,Massacl;;.;selts - Pirelin-ih-iar Assessrrle;lt Repofl
• Reconstruction of the crosswalk on Main Street at the NAMS entrance-only driveway
to provide ADA compliant ramps, and bump-outs for increased visibility and a safe
pedestrian refuge.
• Installation of pedestrian flashers at this crosswalk for added safety.
• Installation of SHARE THE ROAD signs and"sharrow" lane markings on Main
Street and Osgood Street.
Recommendation 3 —Construct Missing Sidewalk Sections along Massachusetts
Avenue and Upgrade ADA Ramps at Route 125/Massachusetts Avenue
Although sidewalks are provided along Massachusetts Avenue in some areas,there is no
sidewalk provided along the northerly side of Massachusetts Avenue in the vicinity of
Route 125,which has been identified as a high crash location within close proximity to
NAME. In addition, there is no sidewalk along the northerly side of Massachusetts
Avenue near Osgood Street. Many NAMS students walk from NAMS to the Youth
Center after school,particularly on Fridays when nearly 500 students make this walk.
These students often walk down Osgood Street instead of Massachusetts Avenue due to a
lack of sidewalks on Massachusetts Avenue.
The TEC Team recommends constructing a sidewalk along the northerly side of
Massachusetts Avenue between the Atkinson School entrance and Philips Common. This
project would also include construction of the missing sidewalk section along the
northerly side of Massachusetts Avenue on either side of the intersection with Osgood
Street. This project would improve the safety of the Massachusetts Avenue intersections
with Route 125 and Osgood Street and extend the pedestrian connection from NAMS to
the youth center on Johnson Street. The sidewalk project should be consistent with
others in the area and meet all ADA accessibility guidelines. To facilitate bicycle access
along Massachusetts Avenue, the TEC Team recommends installation of bicycle lane
pavement markings and signage in both directions along Massachusetts Avenue between
Greene Street and Academy Road.
Recommendation 4—Construct Pedestrian Connection from Route 125 to NAMS
and Atkinson Elementary School
Although a sidewalk is provided along the westerly side of Route 125 near NAMS and
the Atkinson School, there are no pedestrian connections between this sidewalk and the
schools. There is a driveway connecting the schools to one another and to Route 125,
which is unnecessarily wide. There is no separation between this driveway and the
parking lot adjacent to the athletic fields, which creates additional vehicle conflicts along
the driveway. The combination of the width of the driveway and poor definition of lanes
makes pedestrian travel in this area unsafe.
The TEC Team recommends that a pedestrian connection be constructed between
NAMS, and the Atkinson School and Route 125. The major elements of the project
recommendations include:
• Construction of a 5-foot cement concrete sidewalk along the east side of the internal
driveway between NAMS and the Atkinson School.
• Construction of a crosswalk with ADA-accessible ramps at the northern end of this
sidewalk connecting to NAMS.
North kidover Middle is hool --North Midowr,Massachttseit:s--Pi-elimiri itt�y Assessment:Report
• Reconstruction of the easterly Beacon Hill Boulevard connection to the internal
driveway to narrow the roadway and reduce the turning radii,thereby reducing travel
speeds.
• Installation of a crosswalk with ADA-accessible ramps and MUTCD-compliant
signage at the intersection of Beacon Hill Boulevard and the internal driveway.
• Construction of a raised island along the inside row of parking spaces in the parking
lot adjacent to the athletic fields to improve traffic flow and pedestrian safety in this
area.
Recommendation 5 —Construct Sidewalk along Main Street from Elm Street to
Third Street
Elm Street, Greene Street, and Main Street intersect at a skewed angle, which results in
extremely long pedestrian crossings and wide turning radii that allow excessive speed.
The sidewalk along Main Street is inconsistent and switches sides of the roadway in
several locations between NAME and Third Street. As a result, students walk along the
roadway or in the roadway instead of making multiple crossings to stay on the sidewalk.
The TEC Team recommends constructing a 5-foot concrete sidewalk with vertical granite
curbing and a 3-foot grass strip along the southerly side of Main Street between Elm
Street and Third Street. The intersection of Main Street,Elm Street, and Greene Street
should also be reconstructed to reduce the pavement width and improve the safety. The
Elm Street and Greene Street approaches to Main Street would be realigned and curb
extensions constructed to provide two separate three-way intersections. The curb
extensions will have traffic calming benefits, as well as pedestrian safety benefits by
reducing the width of the crosswalks and creating a safe refuge area.
Recommendation 6—Construct Sidewalk along Route 125
Although a sidewalk is provided along the west side of Route 125 near NAME, this
sidewalk is narrow and cracking in several areas. The width of the sidewalk does not
allow for passage in a wheelchair or for use by pedestrians/bicyclists traveling in opposite
directions. The TEC Team recommends reconstructing the sidewalk along the west side
of Route 125 between Massachusetts Avenue and Main Street to provide a standard 5- to
6-foot, accessible sidewalk. Although sidewalk is provided along the west side of Route
125 between Farrwood Avenue and Andover Street,there is no sidewalk provided
between Fernview Avenue and Farrwood Avenue,which results in a gap in the sidewalk
network. Therefore,the TEC Team recommends constructing a new 5-foot sidewalk
along the west side of Route 125 between Fernview Avenue and Farrwood Avenue to
provide a continuous pedestrian connection to the Fernview Avenue, Farrwood Avenue,
and Village Green Drive neighborhoods. The sidewalk project should be consistent with
others in the area and meet all ADA accessibility guidelines. Construction of sidewalk
between Fernview Avenue and Farrwood Avenue will be included in MassDOT's
Route 125 Resurfacing project(Project 4605694), which is currently in the 75% design
phase, and includes reconstruction of the roadway and ADA-accessible ramps along
Route 125 throughout North Andover. However,the schedule and funding for this
project have not yet been identified.
II
Page 20 of 29 '.
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i°=aoo+ KEY PROPOSED IMPROVEMENT FEASIBILITY SAFETY/ COST
MOBILITY BENEFIT
Potential SRTS Infrastructure Project Recommendations
1 Construct Sidewalk Along South Side of Parker Stand Greene St from School to Moderate High High
Massachusetts Ave; Upgrade Intersection of Massachusetts Ave and Greene St.
Recommendations to be Pursued by the City or through Other Funding Sources
2 Reconstruct Sidewalk on Main Street from Osgood Street to Park Street Moderate High High
3 Construct Missing Sidewalk Sections Along North Side of Massachusetts High Moderate Moderate
Avenue and Upgrade ADA Ramps at Route 125/Massachusetts Avenue
4 Atkinson EPedestrian Connection from Route 125 to Middle School and Moderate Moderate High School
5 Construct Sidewalk Along Main Street from Elm Street to Third Street Moderate High High
6' Construct Sidewalk Along West Side of Route 125 Moderate Moderate Moderate
7 Provide Pedestrian Connection Between the N.Andover Middle School Moderate Moderate High
Parking Lot and Atkinson Elementar School
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Ma`s°sacliu'setts Safe Routes to School Infrastructure Team Safe Routes to School
Page 21 of 29 —.:.. ,,.,r., onl;s:,m%m 1-
RECOMMENDED SCOPE OF WORK AND
CONCEPTUAL COST ESTIMATE:
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Install 5' Wide
5' WIDE ASPHALT SIDEWALK&
Asphalt Sidewalk
GRANITE CURB(+/-2,175') with Grass Panel
(INCLUDING RAMPS) _ $ 307,000
and Granite Curb
SIGNS &STRIPING = $ 13,500 O,p
LOAM &SEED = $ 24,000 } s . •
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Rea ►gR Greene
DRAINAGE IMPROVEMENTS = $ 46,500 �
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Install 5 Wide roue ,
MOBILIZATION/FIELD OFFICE = $ 113,000 C►r' v .
Asphalt Sidewalk
with Granite Curb'
+/-25%CONTINGENCY&
CONSTRUCTION ENGINEERING = $ 126,000 Uj
TOTAL = $ 630,000
Install 5'Wide Asphalt Sidewalk
R1-1 �• and Berm with Grass Panel
51-1 Install ADA Accessible
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Ramps and Crosswalks
W16-7p,p Add Sharrows and Share the
Road Signs on Greene St.and • '•
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Intersection of Greene Street `
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Figure 5: Recommendation 1 -Construct Sidewalk Along South Side of Parker Street and Greene Street
from School to Massachusetts Avenue
utes`'to 5cho`ol`Infiast`ructure Team C f �r�Lltes to School
Page 22 of 29 J,,I,, , . , ,
Nordi Aiidover Middle School--North t4odovet•..iV as&achLise t —Prelij.ri€)iary Ass€:ssimi'lt:Report
Recommendation 7—Construct Pedestrian Connection between the NAMS Parking
Lot and Atkinson Elementary School
There are currently no pedestrian connections between NAMS and the Atkinson School.
In addition,there is no pedestrian or vehicle connection between the Atkinson School and
Parker Street. Students walk across athletic fields or along the track to travel between the
Atkinson School, Parker Street, and NAMS. During winter months,pedestrian travel
along this route is difficult at best.
The TEC Team recommends that a pedestrian connection be constructed between the
Atkinson Elementary School and the NAMS parking lot connection to Parker Street.
This connection would improve access between the schools, the athletic fields, and the
Parker and Greene Streets neighborhood. The connection should consist of a 5-10-foot
asphalt pathway. There are several potential locations where this connection could be
constructed:
• One location is along the northerly side of the track running behind the bleachers
connecting to the parking lot at the edge of the baseball field. This option would
provide the most direct connection between the schools, the fields, and the
parking lots. Flooding during inclement weather conditions is least likely to be an
issue with this option as the pathway would be located at a higher elevation.
However,this option may require relocation of the long jump pit adjacent to the
track or relocation of the fence separating the baseball field and track.
• Another location is along the southerly side of the track running along the edge of
the outer fence around the track. A worn footpath was observed in this location,
which indicates that pedestrians are already using this area to access the fields.
This option would allow for a direct connection to the!existing crosswalk in front
of the Atkinson School. However,this option has the greatest likelihood for
flooding during inclement weather since the pathway would be located at the
bottom of the hill surrounding the track. In addition, this option may slightly
reduce the size of the soccer fields adjacent to the pathway.
• A third location is along the southern side of the track running between the two
fences separating the track and the soccer fields. This option would have a
reduced likelihood of flooding as the pathway would be located at the top of the
hill. In addition, this option would allow for a direct connection to the existing
crosswalk in front of the Atkinson School. However,this option contains a pinch-
point at the western corner of the track,which may require construction of a short
retaining wall and relocation of one of the fences to maintain a 5-foot pathway.
Therefore, this may not be as viable as other options for a pedestrian connection
due to the foreseeable construction costs.
Page 23 of 29
North Ai-idover Middle School—North Aixiover.. Massachusetts—Preliiiib try Assessrrlellt Report
4 Next Steps
After receipt of comments from Town and school staff,the TEC, Inc. consultant team
will work with MassDOT to further develop these report recommendations Based on the
findings of this and other assessment reports, MassDOT will advance infrastructure
improvement projects in those communities where projects are most likely to increase the
number of children walking and bicycling to school or substantially improve safety for
pedestrians and bicyclists. The issuance of this report does not guarantee that MassDOT
will advance a project in North Andover into the design phase using SRTS funds or any
other funding source.
In order to successfully complete an SRTS infrastructure project, MassDOT and the
Town of North Andover must work together to advance it through the SRTS
infrastructure program process,which is illustrated in Figure 6. North Andover Middle
School has completed Step 1, the pre-assessment stage, in which the school's request for
an infrastructure assessment is granted;this report is the culmination of Step 2.
The next steps include design and permitting, which are described in greater detail in
Section 4.2 below. Schedules related to these activities can vary depending upon the
school calendar (especially summer vacation), ability to reach a consensus on
recommended actions, timing of Town Meeting, logistics of the Town's right-of-way
acquisition process, and other factors.
Although the project development process is comprehensive and can take a significant
amount of time, each step is necessary to satisfy requirements for the use of federal
money to build these projects. MassDOT and the Town of North Andover each have
important responsibilities, described below. Cooperation and communication between
MassDOT and the Town will help to make the process move as smoothly and quickly as
possible.
4.1 Project Approval (Step 3)
In order to advance the identified projects,the Town of North Andover must formally
accept the recommendations in the report. This formal acceptance would entail the
following steps:
Collaborative Review and Final Concept Development
Recommendation 1 (proposed for potential construction by MassDOT using federal
SRTS funding) must be reviewed by the Director of Engineering,the Town Manager, and
other relevant Town/City staff, and refined in collaboration with MassDOT and its
consultants.
Formal Review and Approval
Following endorsement by the Director of Engineering and Town Manager,
Recommendation 1 must then be submitted to the Board of Selectmen for approval. The
Town's legal counsel should review the assessment and provide guidance to the Town
regarding the right=of--way process, including the need for a permanent easement(s) on
school property for any areas where federal funds will be used for new or upgraded
pedestrian or bicycle facilities.
i
Page 24 of 29
Pre-assessment Assessment Report Project Approval
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North Andover Middle,School-North Andover,-Massachusetts Prelir ibuiry Assessrnerrt Report
To ensure community support for a proposed project, MassDOT strongly encourages the
Town to invite public comment from both the project abutters and the school community.
Should the Town's staff require assistance in presenting the recommendations,
representatives of MassDOT and/or the TEC Team would be available to participate in
such a meeting.
Formal approval requires a vote of the Board of Selectmen and a letter from the Town
Manager stating the Town's support of Recommendation'l in its conceptual form.
Assumption of Town Responsibilities
The Town of North Andover must also formally accept its responsibilities for
implementing the project. This entails submission of a letter (this may be included in the
approval letter from the Town Manager)that acknowledges municipal responsibility for
the right-of-way acquisition process and the municipality's assumption of costs
associated with legal counsel review and fee takings, if required. Right-of-way needs are
generally limited to narrow strip easements adjacent to the public right-of-way to provide
space for a sidewalk; as a result, costs are usually not high.
The Town of North Andover must also identify a municipal liaison who will be
responsible for leading future design reviews with municipal staff, organizing public
meetings, and coordinating the right-of-way acquisition process described below.
4.2 Design, Evaluation, and Construction (Steps 4 & 5)
Once the SRTS infrastructure project is proposed and approved by MassDOT, a project
design will be advanced in coordination with MassDOT and the Town's municipal
liaison. This project design will require conformance with MassDOT's Project
Development and Design Guide, as applicable.
Ground Survey
The design work will require detailed topographic ground survey and right-of-way layout
research to properly locate the proposed infrastructure. The detailed ground survey is
needed for any required utility design, including drainage, and to identify and minimize
any impacts to the abutting parcels. Ground survey costs are covered by the SRTS
program.
Right-of--Way Certification (Municipal Responsibility)
The survey and design process would identify any fee takings and any easements (both
temporary and permanent) on private property that are needed for construction. The
Town would be required to secure all fee takings and easements necessary to complete
the project. The identification and legal clearance of the public right-of-way must be
completed prior to MassDOT's issuance of a Right-of-Way Certificate, which is
necessary to enable the use of federal funds for construction activities as part of the SRTS
program.
Under a Town form of government, adoption of a warrant article is required at Town
Meeting to receive donated property or acquire easements and land in fee by purchase or
eminent domain. As Town Meetings are typically conducted once or twice per year,the
timing of the submission of the warrant article for the Town's legal counsel review is
Page 26 of 29
Nort'i Alid7yer Middle SC ioo -- North Ando-ver,Massa":;hv zl-as_._N'f`, fi iinai`y Assessilmit i+'E.'port
critical to the overall schedule of the project. MassDOT will fund the preparation of
roadway layout and easement plans that may be required for the project. Although the
school is publicly-owned property,the Town of North Andover would be required to
perform an Order of Taking for any easements on the school property,which needs to be
recorded at the Registry of Deeds. This is required to secure the federal funds.if used on
this project.
Permitting
MassDOT would coordinate any necessary Categorical Exclusion (CE)requests as part
of National Environmental Policy Act (NEPA) permitting. These permitting elements
require coordination with the MassDOT Highway Division's Environmental Section,
Right-of-Way Bureau, and relevant District office.
Final Design and Programming
As part of the SRTS program, the MassDOT Highway Division may accept a combined
submission at the 25 percent/75 percent design stage in order to expedite the design
review process for projects that are primarily associated with new sidewalk construction
or reconstruction. Figure 7,presents a generalized summary of the steps required as part
of the design and permitting process with associated time frames. All design costs are
managed and funded as part of the MassDOT SRTS program.
Construction
After final plans, specifications, and cost estimates (PS & E) are completed and
approved, the MassDOT Highway Division would publicly advertise the project for
construction bids. Upon selection of a construction firm, a contract would be prepared
and signed. The Highway Division would oversee the project through the appropriate
District office. All eligible construction costs would be covered by MassDOT's SRTS
program.
Pre-and Post-Construction Evaluation
To quantify the benefits of the project, pre-construction and post-construction evaluations
would be undertaken by MassDOT.
For additional information about the SRTS Infrastructure Program or to provide written
comments on this Preliminary Assessment,please contact:
William Palmer
MassDOT Office of Transportation Planning
Ten Park Plaza, Room 4150
Boston, MA 02116-3973
williarn.palmergstate.ma.us
Design and Permitting Timeframe
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Obtain approval from the MassDOT project review committee(PRC)to
" s initiate a design/construction project with a specific funding program 1-3
(e.g.,Safe Routes to School FY2011)and project schedule
Prepare 25175%design package&preliminary Right-of-Wayplan
Send early environmental coordination letters 2
Conduct an early coordination meeting with the municipality to review the
currentdesign and address anycomments.
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Total Approximate Design &Permitting Schedule 14-21
71forti AnCiover Miafdl._ School—I mth Aildove'r, !`+P:`..__.C'?L.' .'t* -- Pr'C:I Ykss ssinuent Report
This report was prepared by the TEC, Inc. team:
AWAW
Kevin Dandrade, PE, PTOE
TEC, Inc.
Principal/Project Manager
65 Glenn Street
Lawrence,MA 01843
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Hauling & Recycling
June 18, 2013
I
Mr. Ray Santilli
Assistant Town Manager
Town Of North Andover 1
120 Main Street
North Andover, MA 01845
I
Dear Mr. Santilli:
ii
Thank you for inviting JRM Hauling & Recycling Services, Inc. to bid on the Acceptance &
Processing Of Recyclable Materials for the Town of North Andover. JRM looks forward to a long
term partnership with the Town of North Andover and hope to be very competitive with our
proposal.
JRM currently owns and operates JRM Malden Recycling located in Malden Massachusetts. We
currently service (15 ) of your Neighboring Communities including the Town's of Reading, North
Reading,Arlington, Lexington, Saugus and the City's of Peabody,Malden, Melrose and Beverly.
All recycling materials collected from these communities are delivered direct to Malden Recycling.
JRM is currently in the process of constructing a new 50,000 Sq ft recycling facility on Rt one in
Peabody, MA. This facility (GREENWORKS) will be the most technologically advanced facility of
its kind in New England and it is JRM's intent to accept North Andover's Recycling materials at
this location when it opens in 2014. We look forward to the opportunity of meeting with you and
reviewing our proposal in more detail.
Not 1 1 GREENWORKS e state of the art with equipment ut it will also offer a vi
No on w�l G NWO S b th b et-vin and
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learning center for all of JRM's Municipal Partners schoolchildren. JRM will provide educational
tours with movies and games for children. GREENWORKS will allow children to experience the
sorting process from our unique viewing platform above the sorting gP q gP g area.
If you should need additional information, I can be reached at 978-536-2500. Thank you again for
considering JRM for the Town of North Andover's Processing of Recyclable materials.
Sincerely,
Tom Flanagan
Sales Manager
JRM Hauling&Recycling Services, Inc.
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265 Newbury Street, Peabody, MA 01960 JRMHauhng.com 1-500-323-HAUL
I
Our New State-of-the-art
50,000 sq. ft. Recycling Center
JRM Hauling & Recycling has made a large capital investment to bring
GREENWORKS®, a state-of-the-art 50,000 SQ FT state of the art automated
recycling facility to the North shore.
GREENWORKS®will be processing an estimated 1,000 tons of material each
day it operates.
GREENWORKS® will accept Dual Stream and Single Stream materials and
will simplify the process of separation with the most advanced equipment
available in the industry today.
GREENWORKS®will sort/separate all commingled recyclable materials and
bind them into high-density bales of commodities that will then be marketed
by JRM to end users.
Materials will include: Newsprint, Cardboard, Mixed Plastics, Glass, Metals,
Tin&Aluminum and others.
JRM will provide educational tours of GREENWORKS®.
School children from our Municipal Partners will be able to view the entire
recycling process from a unique viewing platform that will be above the
trucking area and automated sorting equipment. Education will include
movies and a tour of the facility that will allow the children to witness the
actual sorting process.
jem Clean, Green, Dependable!
0 0 'ro*
Hauling & Recycling
f--- 6ij iF,il
Comingled Sorting Machine
JRM collects mixed recyclables so
there is no need to separate them
by type resulting in higher recycling
participation. Our sorting machine
separates materials by type using
advanced technology.
s k
Conveyor Sorting
w,.
Manual sorting is used to remove plastic
bags and items that are too large for
the.downstream sorter to process.
;.F
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F y k Commodity Bales
Recyclable materials are bound
` into high-density bales for resale.
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RMClean, Green, Dependable.
Hauling & Recycling
I
We Take a Proactive Approach
Reporting is an essential part of the process. .
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a}
JRM will continually monitor waste generated and supply you
with detailed reports each month. t .
Town of Reading
Month Commingled Curbside Paper Trash Shredding Rigid Plastic Totals
2012
July 86.02 133.14 572.76 791.92
August 89.18 141.44 640.84 871.46
September 81.97 158.09 536.11 2.96 776.17
October 90.93 143.58 576.58 811.09
November 103.70 163.05 657.42 924.17
December 107.29 194.50 601.08 902.87
2013
January 106.76 158.51 579.61 844.88
February 78.78 111.05 1 452.46 1 642.29
March 87.75 129.11 491.34 708.20
I April 86.65 140.86 575.57 803.08
May
June
March 2013-Total 708.20
®Commingled iCurbeide Paper -a Trash ®Shredding NRigid Plastic
87.75 129.11 491.34 a 0.00 2.96 8076.13
bkn
0.00% 0.04% 100.00%
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i
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Clean, Green, Dependable!
Hauling & Recycling
Municipgiq colitact Services
The City of Peabody Curbside Trash Collection&Curbside
24 Lowell Street Mayor Edward Bettencourt Recycling July 1995 June 2015
Peabody,MA 01960 978-532-3000 Waste Limits 6/2 Trucks MSW 19,046
Curbside Trash Collection and Curbside
The Town of Saugus Recycling July 1998 June 2013
Central Street Waste Limits/Visual Ban(I Family-5
Saugus,MA 01906 Loma Cerbobe,Coordinator items;2 Family-7 items; 3 or more
781-231-4111 Family-10 items.)Stickered Bulk Items
2/lTrucks MSW 8;115
The City of Maiden Mayor Gary Christenson Curbside Trash Collection and Curbside
200 Pleasant Street Jeff Manship,DPW Director Recycling December 1996 June 2025
Malden,MA 02148 781-397-7000 Pay as you throw
2/2 Trucks MSW 10,423
Curbside Trash Collection and Curbside
The City of Beverly Mayor Wifliam'F.Scanlon Jr. Recycling March 1997 June 2013
190 Cabot Street Peter B Seamans,Coordinator Visual Ban/Recycling 2 Items
Beverly,MA 01915 978-921-6000 ext.123 4/1 Trucks MSW 12,606
Curbside Trash Collection and Curbside
Town of Danvers DPW Dave Lane,DPW Director Recycling July 1999-June 2018
Sylvan Street 978-'777-0001 Waste Limits/Mandatory Recycling
Danvers,MA 01923 3 Barrels,Stickered Bulk Items
2/1 Trucks MSW 6,912
Town of Lynnfield William Gustus,Administrator Curbside Trash Collection and Curbside
55 Summer Street Dennis Roy,DPW Director Recycling July 2000 June 2016
Lyrinfield,MA 01940 781-334-3180 Waste Limits 7 Items,One Bulk
1/1 Trucks MSW4,688
Town of Boxford Curbside Trash Collection and Curbside
200 Washington Street Alan J.Benson,Administrator Recycling July 2003 June 2018
Boxford,MA 01921 978-352-8021 One current lx Use Sticker
1/1 Trucks MSW 1,554
Clean, Green, Dependable!
Hauling & Recycling
Municipality Contact Services
Town of Lexington Robert M.Beaudoin Curbside Trash Collection and Curbside
1625 Massachusetts Ave. Superintendent of Recycling July 2013 June 2018
Lexington,MA 02410 Environmental Services Waste Limits 6 Barrel,One Bulk
781-274-7298 2/2 Trucks MSW 8,627
Curbside Trash Collection and Curbside
Town of North Reading Richard Carnevale,Director Recycling July 2006 June 2018
235 North Street Department of Public Works Waste Limits/Visual Ban
North Reading,MA 01864 978-664-6060 Fee Yearly,4 Item,One Bulk
613 Trucks MSW 5,184
Curbside Trash Collection and Curbside
Town of Reading Jeffrey T.Zager,Director Recycling July 2006 June 2016
16 Lowell Street Department of Public Works Waste Limits/Mandatory Recycling
Reading,MA 01867 781-942-9077 4 Barrels, Stickered Bulk Item
2/2 Trucks MSW 7,151
Curbside Trash Collection and Curbside
Town of Ipswich Richard Clarke,Director Recycling July 2010 June 2016
25 Green Street Department of Public Works Waste Limits/Mandatory Recycling
Ipswich,MA 01938 978-356-6612 1 Bag Trash/Single Stream
1/1 Trucks MSW3,051
Town of Plaistow Curbside Trash Collection and Curbside
145 Main Street Town Manager Recycling July 2010 June 2015
Plaistow,NH 03865 603-382-1191 Waste Limits 2 Barrels
1/1Trucks MSW3,553
Curbside Trash Collection and Curbside
Town of Arlington Michael Rademacher Recycling July 2013-June 20231
51 Grove Street Director of Public Works Waste Limits/Mandatory Recycling
Arlington,MA 02476 781-316-3101 3 Barrel,One Bulk
5/3 Trucks. MSW/Recycle
Town of Topsfield Roberta M.Knight, Curbside Trash Collection and Curbside
8 West Common Street Executive Secretary Recycling July 2003 June 2023
Topsfield,MA 01983 978-887-1500 Pay as you throw&I Single Decal
1/1 Trucks MSW 1,843
Clean, Green, Dependable!
J. M it
Hauling & Recycling
CERTIFICATE OF NOTE
At a duly authorized meeting the Board of Directors of the J R M a u l,n e N' ke c r✓I�n G
held on J u-he i'`1OJ3 it was
Se rvices nC J
VOTED, THAT
J�trnes Sr Ila� zk�n VICE- �resrden-{'
(Name) (Officer)
of S,e ryicf S r Tie-, be and hereby is authorized to execute contracts and bonds in
the name and on behalf of said L o y pc,rc- I1 o n , and affix its corporate seal hereto;
and such execution of any contract or obligation in the name ofe
its behalf by such officer under seal of Sco'd Gorperaj-101- , shall be valid and binding
upon �xec },nn
ir�c
I hereby certify that I am the clerk of the above named. Services , n c> Aid
that T OLnles S, is the duly elected. officer as above of said
Co r a orc,+o and that the above vote has not been amended or rescinded and 1
'd
remains in hill force and effect as the date of this contract.
J ULne-
i 0 l
(Date) (Clerk)
P
Town of North Andover RFP Page 27 of 27
Acceptance.&Processing of Recyclable Materials `
I
r
r CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
r The undersigned certifies-under penalties of perjury that this bid or proposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
/ certification, the word "person" shall mean natural person, business, partnership, corporation,
conunittee,union, club or other organization, entity, or group of individuals.
Signature "" Date
1eS M '�zkis� , VICe ���s���e-lti2i� Itcadl►'rt�� i2ecd�cl"�t
Print Naive&Title Company Name
b
CERTIFICATE OF TAX COMPLIANCE
r Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b), I
Ni c,f z k-;n authorized.signatory for c1,; k' G '' - rz, :X U i"c:e-. In t
Nance of individual Nance q onfr•actor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to
taxes, permit or other fees, reporting of employees and contractors, and withholding and
remitting child support.
Signa e Date
Town of North Andover RFP Page 26 of 27
Acceptance&Processing of Recyclable Materials
APPENDIX A - PRICE PROPOSAL
Single Stream Recyclables Floor Price per Ton Revenue Share
(Submit one or both options) (no less than$0/ton) Formula
Option 91 Five(5) year contract term $ 15 .00 /ton $ NA /ton
Option#2 Ten(10) year contract term $ 20 . 00 /ton $ NA /ton
*Revenue Share Formula: In addition to the floor price per ton, Processing Contractor may
provide a Revenue Share Fomlula,with a per ton floor price PLUS a revenue share payment to
the Town(tied to recognized industry commodity price index). Attach a separate sheet to
provide revenue share formula detail.
Addenda #1 are acknowledged: V
Si Ire
Business Name JRM Hauling & Recycling Services, Inc.
Business Address 1130 Eastern Avenu, Malden MA 02148
978-536-2500 978-536-2501
Business Phone Fax
James S. Motzkin
Name of Person Authorized to sign Price Proposal
Vice President
Title of Person Authorized to sign Price Proposal
Signat<i of Above Person
Town of North Andover RFP Page 13 of 27
Acceptance&Processing of Recyclable Materials
Licensing
Commissioners
TOWN OF NORTH ANDOVER
OFFICE OF
TOWN CLERK
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
%AORTH
Of�Yteo e q'�O
O
Joyce A.Bradshaw,CMMC 0 too Telephone(978)688-9501
Town Clerk, * � ,� FAX(978)688-9557
�•9 °g4TEO�PP,t,(y
SSACHUSE
MEMORANDUM
TO: Tracy M. Watson, Chairman, Licensing Commission
Members of the Board of Selectmen
Andrew Maylor, Town Manager
FROM: Karen A. Fitzgibbons ��
DATE: September 19, 2013
SUBJECT: Common Victualler License
Attached please find an application for a Common Victualler License from Merrimack College
Donuts, LLC dba: Dunkin Donuts. The donut shop will be located within the Volpe Center and
will have approximately 24 seats. Hours of operation will be 6 am to 9 pm Sunday through
Saturday. The fee has been paid. Favorable recommendations from the Police Department,
Fire Department and Building Inspector are included.
A temporary Common Victualler License was issued Tuesday, September 17, 2013 and signed
by the Town Manager with the verbal approval of the Licensing Chairman.
If you have any questions or concerns please do not hesitate to contact me or Joyce Bradshaw.
Thank you.
�� '• TOWN OF NORTH ANDOVER r
POLICE DEPARTMENT 3
y
"Community Partnership"
To: Karen Fitzgibbons
From: Lt. Eric J. Foulds
Date: September 18, 2013
Re: Common Victualler/Dunkin Donuts
The Police Department recommends favorable action regarding Dunkin Donuts' application for a
Common Victualler's License for a proposed new location at 315 Turnpike St.,Merrimack College.
1475 OSGOOD STREET, NORTH ANDOVER, MASSACHUSETTS, 01845-1012
Telephone: (978) 683-3168 Fax: (978) 681-1172 www.napcl.us
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters--Fire Prevention Office
124 MAIN STREET
NORTH ANDOVER.,MASSACHUSETTS 0184.5
NORT!•�
Andrew Melnilcas °�'t`eO Telephone(978) 688-9593
Fire Chief 0; °' FAX(978) 688-9594
Lt. F. McCarthy
amelnikas a townofnorthandover.com
Fire Prevention Officer ACHUSEt�
finccarth a,townofilorthandover.com
Town Clerk's Office
124 Main St
North Andover,Ma
September 19,2013
Karen.
The Fire Department recommends favorable action in granting to Merrimack College a Common
Victualler's License for operating a Dunkin Donuts within the Volpe Complex 315 Turnpike St.
The final fire alarm inspection and test was completed and approved on September 17,2013.
Respectfully,
Lt Frederick McCarthy
Fire Prevention
978-688-9590
Fitzgibbons, Karen
To: Brovvn, Gerald
Subject: RE:
Fromm: Brown Gerald
Sent: Wednesday, September 18. 2013 10:04 AM
To: Fitzgibbons, Karen
Subject: RE:
Building Department has noissues
From: Fitzgibbons, Karen
Sent: Wednesday, September 10, 2013 10:02 AM
To: Fou|do, Eric; McCarthy, Fred; Brown, Gerald
Cc: Gallagher, Paul; Me|nikas, Andrew
Subject:
Good Morning All,
Attached please find a Common Victualler Application for Dunkin Donuts to be located on the grounds of Merrimack
College, 31S Turnpike Street. This item needs tnbe placed on the Sept. 23, 2013 agenda xo | would need your
recommendations by end of day today, or sooner. Sorry for the last minute, but this was just brought tomyattention,
As usual,thank you for your co'nperation.
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:
Please consider the environment before printing this email,
TOWN OF
NORTH ANDOVER
BOARD OF SELECTMEN GENERAL APPLICATION
This is a general application for a license that the Board of Selectmen may grant. All license
applications to the North Andover Board of Selectmen must be accompanied by the following
information.
Indicate if license is: new ❑ transfer. ❑ change of dba❑
Other
List typoe of license(s)applying for:
ETCommon Victualler ❑ Package Store All Alcohol Class I N o.of vehicles for display:
❑ Restaurant All Alcohol El Package Store Wine&Malt ❑Class II No.of vehicles for display:_
0 Restaurant Wine&Malt =Fortune Teller
❑ Club All Alcohol ❑Vehicle for Hire/Taxi No of Vehicles:
❑ Annual Entertainment
❑ Sunday Entertainment
❑ Electronic Games-list below:
Jukebox
Billiard Table No.of tables:
BusinessName (legal): AtULjLA4t4C LLE&t ,-jrrJ.LU dba: �j 4'rJ lan1v
Please attach copy of business certificate if applying as dba or individual. If business is a
corporation or LLC, please attach:
1. Certificate of Good Standing from the Secretary of State's Office.
2. Corporate Vote authorizing business at the location.
Address of licensed premises (include zip code): 3 PS' K,- S, ewty� A Ici of?
mailing address (if different than above address): rM v4lleA 1 YY
Name of individual/applicant authorized to apply for license:
Business tel. no. of applicant: Business email:
F.E.I.N: (F.I.N.). 1 3-71
Please check one of the following:11 own premises lease premises 11 property under P&S
Name and address of property owner if different from license holder:
i psi a� Cfl t d
31s- -n4W- 8 m 0ey'4 of 11,14 5�-
Name Address
If applicable,please attach copy of lease and/or Purchase and Sales Agreement.
Do you currently hold a similar license? What type? wo
Have you previously applied for a license? (Yes) ❑ (No)
Have you ever had a license revoked? (Yes)❑ (No)❑ If yes, please indicate why:
1
If there is a building or structure associated with the license, please submit the following (preferably
on 81/2 x 11" paper-no larger than 8 112 x 14"):
1. Floor plan (include seating area), and
2. Site plan indicating parking areas and access to town ways.
If applying for a Class I or Class II license, please submit a plot plan that shows:
1. The number of the vehicles on display
2. The exact location of the vehicles
3. Customer parking
4. Office area
Proposed hours of operation:
Monday Ay',1 - W,A Thursday P'o
Tuesday & - cjl/m- Friday ig s �F-1r-1
Wednesday �- 13P, Saturday - 9,Aij Sunday
(Specify liquor sale hours if different than regular establishment hours):
Has the applicant operated a similar business? (If applicable)
Name of Business:
Address:
Federal Tax No. (If applicable):
I certify that the North Andover P o 1 i c e Department may run a criminal records check for any prior
offenses and that this information may be transmitted to the Local Licensing Authority at their
request.
1
Date: 6i I(T 1 Signature:
I certify under the penalties of perjury that I,to the best of my knowledge and belief, have filed all
state tax returns and paid all state and local taxes required by law.
Date: -'t E'ell Signature:
I certify that I have read through the conditions included with this license and agree to comply with
any further stipulations that the Licensing Authority may from time to time approve. I also hereby
authorize the Licensing Authority or their agent to conduct whatever investigation or inquiry is
necessary to verify the information c tained Zis application.
Date:—J a Signature:
Please contact the Town Clerks Office at (978) 688-9501 if you have any questions regarding
this application form.
Reviewed and amended:2011
2
MA SOC Filing Number: 201319871020 Date: 2/1412013 11:08:00 AM
f
The Commonwealth of Massachusetts Minimum $500.00 5�
William Francis Galvin t.
@@ b�
iP lh if �� P
Secretary of the Commonwealth, Corporations Division N
One Ashburton Place, 17th floor f
.,�. ti
+) k Boston,MA 02108-1512 Snucinl Filing Inshuctions C
Telephone: (617) 727-9640 i
r � az
. .
e� a
Federal Employer Identification Number: 001099893 (must be 9 digits) ;;
a� k
�k 1. The exact name of the limited liability company is: MERRIMACK COLLEGE DONUTS LLC
F 2a. Location of its principal office: '?
No, and Street: 315 TURNPIKE ST
City or Town: NORTH ANDOVER State: MA Zip: 01845 Country:USA F}
3( 2b. Street address of the office in the Commonwealth at which the records will be maintained:
3j=
yit
`t No. and Street: 280 MERRIMACK ST `e
H
H City or Town: METHUEN State:MA Zip: 01844 Cotmtry: USA
f
U 3. The general character of business, and if the limited liability company is organized to render professional
i '
I,',, service, the service to be rendered:
0 SALE OF COFFEE AND DONUTS.
�ttl
Ex i
� 4. The latest date of dissolution, if specified:
n
I
5. Name and address of the Resident Agent:
A Name: EUGENE H. GAUDETTE
R No. and Street: 280 MERRIMACK ST
ji City or Town: METHUEN State:MA Zip: 01844 Cotmtty: USA
°ff
l�.
I EUGENE H. GAUDETTE resident agent of the above limited liability company, consent to my appointment
as the resident agent of the above limited liability company pursuant to G. L. Chapter 156C Section 12.
6.The name and business address of each manager, if any:
Title Individual Name Address (no PO Box)
y
�t
hl k
Addr ess City o r T o wn
State ZI P
Code Flr st Middle,Last Suffix
vF
x
4p u
MANAGER MARK CAFUA
H: [ 280 MERRIMACK ST
° @ 3 METHUEN,MA 01844 USA
li? '
f 7. The name and business address of the persons) in addition to the manager(s), authorized to execute i
documents to be filed with the Corporations Division, and at least one person shall be named if there are no
;I
G
managers.
t '
t
Title F Individual Name § Address(no Po Box) ;I
I t First Middle Last Suffix Address City or Town State Zip Code G
r SOC SIGNATORY E EUGENE H.GAUDETTE 280 MERRIMACK ST
it z METHUEN MA 01844 USA
� l
8.The name and business address of the person(s) authorized to execute, acknowledge, deliver and record
any recordable instrument purporting to affect an interest in real property:
r
Title Individual Name Address (no PO Box)
First,Middle,Last,Suffix Address,City or Town,State,Zip Code
t REAL PROPERTY MARK CAFUA
280 MERRIMACK ST.
METHUEN,MA 01844 USA
...........
9.Additional matters:
f SIGNED UNDER THE PENALTIES OF PERJURY,this 14 Day of February,2013,
EUGENE H. GAUDETTE
(The certificate must be sipied by thepersonfibrinhig the LLC.)
2001 -2013 Commonwealth of Massachusetts
All Rights Reserved
MA SOC Filing Number: 201319871020 Date: 2/14/2013 11:08:00 AM
THE COMMONWEALTH OF MASSACHUSETTS
I Hereby certify that,upon examination of this document, duly submitted to me, it appears
that the provisions of the General Laws relative to corporations have been complied with,
and I hereby approve said articles; and the filing fee having been paid, said articles are
deemed to have been filed with me on:
February 14, 2013 11:08 AM
Ir
WILLIAM FRANCIS GALVIN
Secretary of the Co7m?wi wealth
SUBCONTRACT AGREEMENT
This Agreement, made this 12th day of July, 2013 ("Effective Date"), by and
between SODEXO MANAGEMENT, INC., a New York corporation with its principal
office located at 9801 Washingtonian Blvd., Gaithersburg, Maryland 20878, ("Sodexo"),
and Merrimack College Donuts, LLC, with an office located at 280 Merrimack Street,
Suite A, Methuen, Massachusetts 01844, ("Vendor").
1. Right/Term. Vendor is hereby granted the right and privilege during the
term of this Agreement to provide Dunkin Donuts products at Merrimack College. The
term of this Agreement shall commence July 1, 2013, and shall continue in force and
effect for a total of five (5) year(s), until June 30, 2018. Thereafter, this Agreement shall
be subject to three (3) five (5) year extension terms as mutually agreed by the parties.
The rights granted herein are in compliance with Sodexo's rights under the Agreement
dated June 4, 1999, between Sodexo and Merrimack College ("Client").
2. Duties of Vendor.
A. Compliance with Laws and Obtaining Licenses. Vendor shall
comply with all applicable ordinances, laws and regulations pertaining to the sanitary
handling of the goods covered by this Agreement and the maintenance of its equipment
on Client's premises and shall obtain all health department and other licenses and
certificates that may be required and pay the fees therefor. Vendor shall maintain the
cleanliness of its area and the area within a twenty-five (25) foot radius. One or more of
Vendor's personnel at the location must be certified under the ServSafeo program of the
National Restaurant Association Educational Foundation. Vendor must ensure the
maintenance of acceptable levels of"passing" scores from the local health department.
B. Insurance. Vendor shall obtain and maintain in force at all times
during the term hereof:
1. Workers' Compensation Insurance in accordance with
applicable state laws and Employers' Liability in the amount of One Million Dollars
($1,000,000.00) each accident coverage for employees providing services hereunder.
2. General liability insurance covering the operations and
activities of Vendor, with a combined single limit of liability for bodily injury and property
damage of Five Million Dollars ($5,000,000.00) per occurrence. Vendor shall provide
Sodexo with certificates of insurance as evidence of such coverage upon
commencement of services under this Agreement. Sodexo and Client shall be named
as additional insureds on the general liability policy.
3. Automobile liability insurance covering owned, hired and
non-owned vehicles used in the operation of Vendor's business, with a combined single
limit of liability for bodily injury and property damage in the amount of Two Million
Dollars ($2,000,000) per occurrence. Vendor shall provide Sodexo with a certificate of
G:\C0NTRACT\AGR\SUBC0N#15\DUNKINDONUTS @MERRIMACKCOLLG2.DOC(ARH)07/12/2013
10715001
1
insurance as evidence of such coverage upon commencement of services under this
Agreement.
C. Indemnification. Vendor shall defend, indemnify and save Sodexo
and Client harmless from and against any and all claims, liability, losses, costs and
expenses, including attorney fees, which may arise out of or in connection with the
operations, activities, misconduct or omissions of Vendor, its employees, and agents, in
the performance of its obligations under this Agreement excepting only such as are
attributable to the sole negligence of Sodexo or Client. This indemnification is intended
to also include all expenses from claims that occur as a result of legal action taken by
Vendor's employees and agents against Sodexo relating to injuries sustained in the
performance of obligations under this Agreement.
D. Alcohol and Narcotics. Vendor shall, at no time keep, sell or
dispense any alcoholic, intoxicating or narcotic food products or substances whatsoever
in or about the premises of Client.
E. Confidentiality. In the performance of this Agreement, the parties
may be exposed to the confidential information or trade secrets of Sodexo or its Client.
Vendor or its employees shall not shall disclose nor use any such confidential
information. Sodexo and Vendor acknowledge that any information concerning the
other party or of Sodexo's Client that is received in connection with this Agreement shall
be deemed as "Confidential Information." Each party agrees that it will not permit the
duplication, use or disclosure of any such Confidential Information to any person or
entity (other than its own employees or representatives who must have such information
for the performance of their obligations under this Agreement), unless authorized in
writing and signed by the other party, or unless required by law (provided that the other
party is given a reasonable opportunity to obtain a protective order). Further, any such
Confidential Information shall be held in strict confidence by the other party, using the
same standard of care as it uses to protect its own Confidential Information (but in no
event less than a reasonable degree of care). With respect to either party, specifically,
Confidential Information shall include: (i) the terms and provisions of this Agreement or
any information about either party, Sodexo's Client, or their respective affiliates or their
business operations which shall be regarded as sensitive, proprietary and/or valuable,
and not in the public domain, including, without limitation, methods of operation,
software, product development, research and development, business strategies and
plans, marketing plans, employee lists, employee information, customer lists,
prospective customer lists, trade secrets, financial information and similar information.
(ii) any information designated "Confidential" or if oral or visual, identified as confidential
at the time of disclosure; and (iii) any information by reason of its nature or by reason of
its nature would be treated as confidential by a reasonable receiving party, which would
include, without limitation, trade secrets.
F. Representations and Warranties. Vendor represents and warrants
that it:
(1) Is a franchisee of Dunkin Donuts (the "Franchisor") in good
standing.
G;\CONTRACT\AGR\SUBCON#15\DUNKINDONUTS @MERRIMACKCOLLG2.DOC(ARH)07/12/2013
10715001
2
(2) Possesses the full legal power, right and authority to enter
into this Agreement and to perform fully the activities contemplated by this Agreement.
(3) Has Franchisor's consent to open and operate at this
location and to use the Franchisor's Confidential Information (i.e., the Franchisor's
operations manual(s), recipes, trademarks, standards, and intellectual property and
other proprietary information);
(4) Shall have provided to Sodexo on or before the Effective
Date documentation verifying that the Franchisor has consented to Franchisee's ability
to operate the Store at the Premises;
(5) Will provide Sodexo immediate notice of the revocation,
suspension, termination, or expiration of Franchisor's consent referred to in the
preceding Subsections 2.F.(3) and (4);
(6) Has properly trained employees at the location;
(7) Acknowledges that its failure to provide the notice and
documentation required under this Agreement shall be deemed a breach of this
Agreement;
(8) Shall defend, indemnify and hold Sodexo and the Client
harmless with respect to third-party claims, suits, or demands arising Out of alleged
infringement and/or Franchisee's use of the Franchisor's trademarks, systems, service
marks, operations manuals, intellectual property or other proprietary information.
3. Compensation to Sodexo. For the privileges granted herein, Vendor shall
pay Sodexo as the total amount due under this Agreement as follows:
A. Five percent (5%) of Net Sales. This is the complete occupancy
charge.
B. Net Sales shall mean total receipts excluding sales tax. Vendor
shall be responsible for all sales tax.
C. Amounts payable to Sodexo shall be paid monthly by the 15th day
of each month and shall be accompanied by a complete statement of sales made during
the preceding period.
4. Records. Vendor shall keep an accurate and true record of all
merchandise, collections and sales and will permit Sodexo to examine such records for
the purpose of verifying the correctness of any reports or payments made to Sodexo by
Vendor.
5. License Fees. License fees now or hereafter imposed, levied upon or
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3
computed upon Vendor's activities shall be paid by Vendor.
6. Vandalism, Break-In, Theft. Neither Sodexo nor Client shall be liable for
loss resulting from damage to Vendor's equipment and/or theft of Vendor's equipment,
merchandise and money.
7. Access to Premises. Vendor, its officers, employees, agents and
representatives shall have access to the premises for the performance of its services
hereunder and for inspection purposes at all reasonable times. Sodexo shall provide
the Vendor with a warm vanilla box retail space as described in Exhibit A. Vendor shall
be responsible for millwork and equipment. Sodexo shall provide all reasonably
required utilities and hook-ups for the Vendor's equipment.
8. Termination. If either party breaches a material provision hereof
("Cause"), the non-breaching party shall give the other party notice of such Cause. If
the Cause is remedied within ten (10) days in the case of failure to make payment when
due or sixty (60) days in the case of any other Cause, the notice shall be null and void.
If such Cause is not remedied within the specific period, the party giving notice shall
have the right to terminate this Agreement upon expiration of such remedy period. The
rights of termination referred to in this Agreement are not intended to be exclusive and
are in addition to any other rights or remedies available to either party at law or in
equity.
Notwithstanding the foregoing, if required by Merrimack in writing at any
time, Sodexo may terminate this Agreement upon thirty (30) days' prior written notice.
It is further understood that this Agreement is dependent upon the
continuation of Sodexo's agreement with Client, and that upon termination of the
aforementioned agreement, this Agreement shall also terminate and Sodexo shall have
no further obligation to Vendor.
9. Default Expenses. If in the event of default in payment by Vendor,
Sodexo retains legal counsel for the purpose of attempting to collect any sums in default
or otherwise to enforce its rights, whether or not suit is instituted, Vendor shall pay to
Sodexo the reasonable cost of said legal services, plus actual costs and disbursements.
10. Removal of Property. Vendor, upon termination of this Agreement,
whether by expiration of the original or any extended term or terms hereof, or for any
other reason, shall immediately after such termination remove from the premises any
and all of its equipment and other property including millwork and refrigerators and
coolers.
11. Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto.
12. Notice. Any notice or communication required or permitted to be given
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10715001
4
hereunder shall be in writing and served personally, delivered by courier or sent by
United States certified mail, postage prepaid with return receipt requested, addressed to
the other party as follows:
To Vendor: Merrimack College Donuts, LLC
Attention: Mark P. Cafua
280 Merrimack Street
Methuan, Massachusetts 01844
and: Eugene M. Gaudette, Esquire
General Counsel
CMC LLC &Affiliates
897 Main Street
P.O. Box N
Sanford, Maine 04073
To Sodexo: Sodexo Management, Inc.
Attention: Leonard J. Riccio
Senior Vice President
309 Waverly Oaks Road, Suite 206
Waltham, Massachusetts 02452
and: Sodexo Management, Inc.
Attention: Law Department
9801 Washingtonian Blvd,, Dept. 51/899.74
Gaithersburg, Maryland 20878
and/or to such other persons or places as either of the parties may hereafter designate
in writing. All such notices shall be effective when received.
13. Modification: Entire Agreement. This Agreement may not be modified
orally, but only in writing signed by an officer of each of the parties thereunto duly
authorized. This Agreement contains the entire understanding of the parties hereto with
respect to the subject matter hereof. Email correspondence shall not qualify as a
written document signed by an authorized signatory.
14. Ethical Conduct. Vendor acknowledges that Sodexo requires its vendors
to comply with certain minimum ethical, social and environmental practices that vendors
desiring to do business with Sodexo must meet, pursuant to Sodexo's Supplier Code of
Conduct. Licensor acknowledges that it has read Licensee's Supplier Code of Conduct
available through http://www.sodexousa,com and represents and warrants that its
practices, as governed by its own code of conduct or otherwise, meet the minimum
ethical, social and environmental practices of Sodexo's Supplier Code of Conduct.
15. Applicable Law. This Agreement is made pursuant to the laws of
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10715001
5
Massachusetts.
16. Independent Contractor. In all matters pertaining to this Agreement,
each party is and shall be an independent contractor as to the other. No party's officers
or employees shall be deemed to be an employee of the other parties. Nothing
contained in this Agreement shall be construed to create a partnership, joint venture or
agency, and none of the parties to this Agreement shall be liable for the debts or
obligations of the others. Except as otherwise herein expressly provided, no party shall
not have the power to hire or fire another party's employees, may not control or have
access to another party's funds or the expenditures of these funds, or any other way
exercise control over another party's business.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the date and year indicated in the first paragraph of this Agreement.
MERRIMACK COLLEGE DONUTS, LLC
By:
Mark P. Cafua
Manager
SOD XO MANAGEMENT, INC.
UPI .
R h e r m a"
Regional Vice President
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10715001
6
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Public Hearing
Old Business
New Business
Public Comment
Town Manager' s Report
Job PostingNacancy Log
September 18,2013
Date Position Department Hiring Manager Status
Posted
9/5/13 Gas&Plumbing Building Gerald Brown Reviewing resumes.
Inspector
8/26/13 Support Services Youth& Rick Gorman Interviews of 3 candidates conducted on
Coordinator Recreation 9/6 and 9/10/13. Hired Molly Maladrino
Services effective 9/30/13.
6/20/13 Police Lieutenant Police Chief Gallagher Exam for Department Promotion
re uested to be held on 10/19/13.
6/20/13 Police Sergeant Police Chief Gallagher Exam for Department Promotion
re uested to be held on 10/19/13.
6/20/13 Police Lieutenant Police Chief Gallagher Promoted Eric Foulds effective 8/11/13.
6/12/13 Police Police Chief Gallagher Promoted Stephen Diminico and Scott
Sergeant Whittaker effective 8/11/13.
9/19/2013 7:59 AM
I
II