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Home My WebLink About2018-09-10 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES September 10, 2018 CALL TO ORDER: Chairman Regina Kean called the meeting to order at 7:OOPM in the Town Hall Meeting Room. The open session meeting was recorded. ATTENDANCE: The following were present: Chairman Regina Kean, Clerk Phil DeCologero, Licensing Chairman, Chris Nobile, Richard Vaillancourt, Rosemary Smedile, Town Manager Andrew Maylor, Assistant Town Manager, Ray Santilli and Executive Assistant, Laurie Burzlaff. 3 members of the public were present. PLEDGE OF ALLEGIANCE PUBLIC COMMENT None APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, to approve the Open Session Minutes of August 13, 2018 and August 27, 2018, as presented. Motion approved 5-0. INTRODUCTION OF NEW STAFF MEMBERS Town Manager, Andrew Maylor, introduced Diamanthina "Deanna" Cruz who was appointed the town's first Community Support Coordinator. Ms. Cruz gave a brief description of her background and answered questions from the Board. ACCEPTANCE OF DONATIONS Donation from the Groveland Firefighters Association in the amount of$200 to be used for operating expenses for Fire Safety Trailer The Groveland Firefighters Association has donated $200 to the Fire Department as a thank you for letting them use North Andover's fire safety trailer. Richard Vaillancourt made a MOTION, seconded by Chris Nobile that that the Board of Selectmen accept the donation of$200 from the Groveland Firefighters Association to be used for operating expenses for the fire safety trailer. Motion approved 5-0. Donation from the Atkinson School PTO in the amount of$9,937.70 to be used for the Atkinson School Playground The Atkinson School PTO donated funds to be used for the new Atkinson School playground. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen accept the donation of$9,937.70 from the Atkinson School PTO to be used toward the cost of the new Atkinson School playground. Motion approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Phil DeCologero to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. Request for Change of Manager at the North Andover Country Club from Stephen J. Kohr to Jeff S. Isbell Jeff Isbell was present to answer questions from the Board. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen, acting as Licensing Commissioners, approve the change of manager request for North Andover Country Club as presented. Motion approved 5-0. Request of Paul Gallant of Merrimack College for eighteen wine and malt licenses for the following events: 1. Concessions at the Rogers Center on Thursday, October 4, 2018 from 6:OOPM-11:OOPM 2. Concessions at the Rogers Center on Friday, October 5, 2018 from 5:OOPM-11:OOPM 3. Concessions at the Rogers Center on Saturday, October 6, 2018 from 5:OOPM-11:OOPM 4. Concessions at the Stadium Pavilion on Saturday, October 6, 2018 from 4:OOPM-9:OOPM 5. Concessions at the Athletic Complex on Saturday, October 6, 2018 from 5:OOPM-10:OOPM 6. Concessions at the Athletic Fields on Sunday, October 7, 2018 from 1:OOPM-6:OOPM Board of Selectmen Minutes September 10, 2018 2 7. Concessions at the Athletic Complex on Sunday, October 7, 2018 from 3:OOPM-7:OOPM 8. Concessions at the Athletic Fields on Friday, October 12, 2018 from 4:OOPM-9:OOPM 9. Concessions at the Athletic Complex on Saturday, October 20, 2018 from 6:OOPM-10:OOPM 10. Concessions at the Athletic Complex on Saturday, October 27, 2018 from 6:OOPM-10:OOPM 11. Concessions at the Rogers Center on Sunday, October 28, 2018 from 12:OOPM-5:OOPM 12. Concessions at the Stadium Pavilion on Friday, October 26, 2018 from 1:OOPM-9:OOPM 13. Concessions at the Stadium Pavilion on Saturday, October 27, 2018 from 12:OOPM-9:OOPM 14. Concessions at the Athletic Fields on Saturday, October 20, 2018 from 4:OOPM-9:OOPM 15. Concessions at the Rogers Center on Thursday, November 1, 2018 from 6:OOPM-11:OOPM 16. Concessions at the Rogers Center on Thursday, November 15, 2018 from 6:OOPM-11:OOPM 17. Concessions at the Rogers Center on Friday, November 16, 2018 from 6:OOPM-11:OOPM 18. Concessions at the Rogers Center on Saturday, November 17, 2018 from 12:OOPM-11:OOPM Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Paul Gallant of Merrimack College for eighteen one day wine and malt licenses, as presented. Motion approved 5-0. Rosemary Smedile made a MOTION, seconded by Regina Kean to close a meeting of the North Andover Licensing Commission. Motion approved 5-0. CONSENT ITEMS Accept and sign Municipal Certification for Conservation Restriction from Edgewood to the Trustees of Reservations Included in the packet was a memorandum from Jennifer Hughes regarding the Conservation Restriction from Edgewood to the Trustees of Reservations. The Board is being asked to approve the restriction. The Conservation Commission has unanimously voted to approve and recommended the Board of Selectmen approve it as well. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the Conservation Restriction from Edgewood Retirement Community, Inc, to the Trustees of Reservations. Motion approved 5-0. Appointment of Paul Hutchins as ADA Coordinator The Board was asked to appoint a new ADA Coordinator. The position was previously held by Donald Belanger who no longer works for the town. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen appoint Paul Hutchins as the ADA Coordinator. Motion approved 5-0. Vote on comments to send to Planning Board regarding draft Master Plan The Town Manager stated that the final Master Plan document will be approved by the Planning Board in two weeks and he doesn't expect any major changes to the draft document between now and then. The Board discussed working toward creating a priority plan but did not have any comments of substance that they wanted to send to the Planning Board, therefore no vote was taken. GOVERNMENTAL REPORTS None OLD BUSINESS None NEW BUSINESS None TOWN MANAGER'S REPORT Job posting/vacancy log Included in the packets was the latest job posting/vacancy log provided by Human Resources. Town Manager, Andrew Maylor explained that the Finance Director, Lyne Savage, has developed the budget calendar and the Finance Committee has been given a copy. Board of Selectmen Minutes September 10, 2018 3 Mr. Maylor also stated that they are in the process of hiring an Assistant Town Manager to replace Ray Santilli when he retires at the end of the month. Mr. Maylor thanked Mr. Santilli for his efforts over the last seventeen years and expressed his appreciation for all he has done. SELECTMAN'S UPDATES/COMMENTS Rosemary Smedile asked about the Greater Lawrence Sanitary District's response to the recent combined sewer overflow. Mr. Maylor explained that they had some issues during the process of repairing a pipe but now that the repair is done it should reduce the likelihood of a combined sewer overflow during a power outage. Rosemary Smedile asked about the surcharge on resident's electric bills. The Town Manager stated the surcharge is for the undergrounding of the wires on Main Street, similar to what was done around the common. The process could take up to ten years to complete. Richard Vaillancourt stated there will be a 9/11 ceremony at Town Hall at 9:OOAM. Phil DeCologero stated his appreciation for Carrie Crouch and her forty years of volunteer service that helped change the direction of the community. ADJOURNMENT: Chris Nobile made a MOTION, seconded by Phil DeCologero to adjourn the meeting at 8:15p.m. Motion approved 5-0. Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Documents used at meeting: Minutes of August 13, 2018 Minutes of August 27, 2018 Fire department donation email Atkinson PTO donation letter Change of Manager memorandum Merrimack College memorandum Conservation Restriction ADA Appointment memorandum Job posting/vacancy log TOWN OF NORTH AN OVE BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Regina Kean, Chairman /IIIY�%/ •.. Phil DeCologero, Clerk „� " TEL. (978)688-9510 Chris Nobile FAX(978) 688-9556 Rosemary Connelly Smedile Richard Vaillancourt BOARD OF SELECTMEN& LICENSING COMMISSIONERS AGENDA MONDAY,SEPTEMBER 10,2018 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street L CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. RECOGNITION A. Carrie Crouch IV. PUBLIC COMMENT V. APPROVAL OF MINUTES A. August 13,2018 Open Session Minutes, as written B. August 27,2018 Open Session Minutes, as written VL INTRODUCTION OF NEW STAFF MEMBERS VIL ACCEPTANCE OF DONATIONS A. Donation from the Groveland Firefighters Association in the amount of$200 to be used for o erp ating expenses for Fire Safe Trailer B. Donation from the Atkinson School PTO in the amount of$9 937 70 to be used for the Atkinson School PlU round VIIL LICENSING COMMISSIONERS A. Request for Change of Manager at the North Andover Country Club from Stephen J.Kohr to Jeff S. Isbell B. Request of Paul Gallant of Merrimack College for eighteen wine and malt licenses for the following events: 1. Concessions at the Rogers Center on Thursday,October 4,2018 from 6:00PM-11:00PM 2. Concessions at the Rogers Center on Friday,October 5,2018 from 5:00PM-11:00PM 3. Concessions at the Rogers Center on Saturday,October 6,2018 from 5:OOPM-11:00PM 4. Concessions at the Stadium Pavilion on Saturday,October 6,2018 from 4:OOPM-9:OOPM 5. Concessions at the Athletic Complex on Saturday,October 6,2018 from 5:OOPM-10:00PM 6. Concessions at the Athletic Fields on Sunday,October 7,2018 from 1:OOPM-6:OOPM 7. Concessions at the Athletic Complex on Sunday,October 7,2018 from 3:OOPM-7:OOPM 8. Concessions at the Athletic Fields on Friday,October 12,2018 from 4:OOPM-9:OOPM 9. Concessions at the Athletic Complex on Saturday,October 20,2018 from 6:OOPM-10:00PM 10. Concessions at the Athletic Complex on Saturday,October 27,2018 from 6:OOPM-10:00PM 11. Concessions at the Rogers Center on Sunday,October 28,2018 from 12:OOPM-5:OOPM 12. Concessions at the Stadium Pavilion on Friday,October 26,2018 from 1:OOPM-9:OOPM 13. Concessions at the Stadium Pavilion on Saturday,October 27,2018 from 12:OOPM-9:OOPM 14. Concessions at the Athletic Fields on Saturday,October 20,2018 from 4:OOPM-9:OOPM 15. Concessions at the Rogers Center on Thursday,November 1,2018 from 6:00PM-11:00PM 16. Concessions at the Rogers Center on Thursday,November 15,2018 from 6:00PM-11:00PM 17. Concessions at the Rogers Center on Friday,November 16,2018 from 6:00PM-11:00PM 18. Concessions at the Rogers Center on Saturday,November 17,2018 from 12:OPM-11:00PM IX. CONSENT ITEMS A. Accept and sign Municipal Certification for Conservation Restriction from Edgewood to the Trustees of Reservations B. Appointment of Paul Hutchins as ADA Coordinator C. Vote on comments to send to Planning Board regarding draft Master Plan X. GOVERNMENTAL REPORTS XL OLD BUSINESS XIL NEW BUSINESS XIIL TOWN MANAGER'S REPORT A. Job posting/vacancy log XIV. SELECTMAN'S UPDATES/COMMENTS XV. NEXT MEETING DATE Monday, September 24,2018 XVL ADJOURNMENT BOARD OF SELECTMEN MINUTES August 13, 2018 CALL TO ORDER: Chairman Regina Kean called the meeting to order at 7:OOPM in the Town Hall Meeting Room. The open session meeting was recorded. ATTENDANCE: The following were present: Chairman Regina Kean, Clerk Phil DeCologero, Licensing Chairman, Chris Nobile, Richard Vaillancourt, Rosemary Smedile, Town Manager Andrew Maylor and Assistant Town Manager, Ray Santilli. PLEDGE OF ALLEGIANCE PUBLIC COMMENT: Stan Limpert of 43 Stonecleave Road, asked Chairwoman Kean to allow public comment at the end of the meeting. Samuel Campana of 37 Grosvenor Avenue asked the Board to stop work by National Grid gas until the lockout is over. Karen Lauro of 591 Mass Avenue spoke about the Mass Avenue project and her concerns that they are damaging her property. INTRODUCTION OF NEW STAFF MEMBERS Nabil Daher, Electrical Inspector Nabil Daher, the new electrical inspector, introduced himself to the Board. APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Chris Nobile, to approve the Open Session Minutes of July 16, 2018. Motion approved 5-0. ACCEPTANCE OF DONATIONS From Wheelabrator in the amount of$10,000 to be used to pay the user agency fee for Trauma Intervention Program services in North Andover Once again, Wheelabrator has agreed to donate $10 0,00 to cover the cost of the Town's user agency fee for Trauma Intervention Program services in North Andover. Phil DeCologero made a MOTION, seconded by Chris Nobile that the Board of Selectmen accept the donation of$10,000.00 from Wheelabrator to be used to pay for the Trauma Intervention Program. Motion approved 5-0. From McDonald's/Lititz Family in the amount of$2,000.00 to be used for equipment at the Youth Center The Lietz Family, owners of McDonalds donated $2,000 to the Youth Center. Richard Vaillancourt made a MOTION,seconded by Chris Nobile that the Board of Selectmen accept the donation of$2,00000 from McDonald's/The Lietz Family to be used for equipment at the Youth Center. Motion approved 5-0. LICENSING COMMISSIONERS:._; Richard Vaillancourt made a MOTION, seconded by Phil DeCologero to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. John Nioroge of Crossway,Transit, LLC requests a Livery License at 30 Mass Ave. Phil DeCologero made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approve the request of John Njoroge of Crossway Transit, LLC for a livery license at 30 Massachusetts Avenue. Motion approved 5-0. Armen Jeknavorian of St. Gregory Armenian Church requests a one day wine and malt license for a picnic on September 9, 2018 from 12:OOPM-5:30PM and a waiver of the fee Regina Kean made a MOTION seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Armen Jeknavorian of St. Gregory Armenian Church for a one day wine and malt license for a picnic on September 9, 2018 from 12:OOPM- 5:30PM and to waive the fee. Motion approved 5-0. Board of Selectmen Minutes August 13, 2018 2 Change of manager request for The Stevens Estate Regina Kean made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approve the change of manager request for The Stevens Estate. Motion approved 5-0. Paul Gallant of Merrimack College requests a one day wine and malt license for a reception at the Stadium Pavilion on August 30, 2018 from 6:OOPM-8:OOPM Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Paul Gallant of Merrimack College for a one day wine and malt license for a reception at the Stadium Pavilion on August 30, 2018 from 6:OOPM-8:OOPM. Motion approved 5-0. Deborah Ingalls of Butlers and Bars requests one day liquor licenses for events in the tent at Smolak Farms: 1. All alcohol license for a wedding on August 18, 2018 from 4:00PM-1 O:OOPM 2. All alcohol license for a wedding on September 2, 2018 from 4:00PM-9;00PM 3. All alcohol license for a corporate picnic on September 9, 2018 from 11:OOAM-6:OOPM 4. All alcohol license for a wedding on September 15, 2018 from 4:0OPM-10:OOPM 5. Wine and malt license for a corporate dinner on September 20, 2018 from 4:00PM-9:00PM 6. All alcohol license for a wedding on September 22, 2018 from 4:OOPM -10:OOPM Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen, acting as Licensing Commissioners, approve the'requests of Deborah Ingalls for events at Smolak Farms as presented. Motion approved 5-0. Discussion regarding fees for one day liquor licenses Licensing Chair, Chris Nobile, explained it would be helpful to periodically review the fee schedule and whether there should be some fee for expedited Processing for late applications. The Board asked for a comparison of fees from other communities and what is the total amount of yearly revenue received from the fees. The Town Manager explained there is a cast to process something in a shorter time period and it is a more difficult and challenging to process. Rosemary Smedile made a MOTION,seconded by Regina Kean to close a meeting of the North Andover Licensing Commission. Motion approved 5-0. CONSENT ITEMS: Approve and sign easements for MassOOT Mass Avenue/Chickering Road Intersection Project Included in the packets were documents required for the Mass Avenue/Chickering Road Intersection Project. DPW Director, Jim Stamford, explained the three easements and that there is no cost associated with the easements. Chris Nobile made a MOTION, seconded by Phil DeCologero to approve the easements for the MassDOT Mass Avenue/Chickering Road Intersection Project. Motion approved 5-0. Department of Public Works request to surplus vehicles and equipment Included in the packets was a request from Jim Stanford, DPW Director, to surplus certain vehicles and equipment. Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Jim Stanford, DPW Director, to surplus the vehicles and equipment outlined in his memorandum dated August 8, 2018. Motion approved 5-0. Accept Child Passenger Safety Equipment Grant from the Massachusetts Executive Office of Public Safety in the amount of$2,625 Fire Chief William McCarthy introduced Firefighter Jeff Deschenes and Police Sgt. Katie Gehrke who explained the grant they received from The Executive Office of Public Safety in the amount of$2625. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen accept the grant from the Executive Office of Public Safety in the amount of $2625.00. Motion approved 5-0. Board of Selectmen Minutes August 13, 2018 3 Request of Joseph Contrada of Saint Vincent de Paul Conference for use of the Town Common on Saturday, September 22, 2018 from 10:OOAM-12:OOPM for the Walk for the Poor The St. Vincent de Paul Conference requesting permission to hold their annual Walk for the Poor on Saturday, September 22, 2018 from 10:OOAM to 12:OOPM. As it has been for the last two years, the walk will be at the same time as the Fall Festival. All relevant departments reviewed and have no issues. Phil DeCologero made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the request of St. Vincent de Paul Conference to use the Town Common on Saturday, September 22, 2018 from 10:OOAM to 12:OOPM for their annual Walk for the Poor. Motion approved 5-0. Town Manager appointment of Lori Crane as an associate member of the Planning Board The Town Manager has appointed Lori Crane as an associate member of the Planning Board. The Board was asked to support that appointment. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen support the appointment of Lori Crane as an associate member of the Planning Board. Motion approved 5-0. Accept Green Communities grant from Department of Energy Resources in tho amount of$173,783.00 The town has received a grant from the Department of Energy Resources in the amount of $173,783.00 to be used for the conversion of all town owned streetlights to LED. The project is scheduled to be completed by the end of the year. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen accept the grant from the Department of Energy''Resources in the amount of$17,1J83.00. Motion approved 5-0. Sign warrant for the 2018 State Primary Town Clerk, Joyce Bradshaw, explained statute requires the Board to sign the warrant for the state primary on September 4, 2018. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen sign the warrant for the 2018 State Primary on September 4, 2018.from 7:OOAM to 8:OOPM. Motion approved 5-0. Approve permit fees for town,projects As discussed at the last meeting, included in your packets is a list of town projects that will require permits. The Town Manager is asking tho board to waive the fees for all these projects. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen waive all fees associated with the projects found on the report submitted by the Town Manager. Motion approved 5-0. Appointments Christopher Jee-Affordable Housing,Trust Justin Lafond- Neighborhood Conservation District Commission Michael Lis-Zoning Board of Appeals (associate member) Steve Seide--Zoning Board of Appeals (associate member) Patricia Riley-Council on Aging Jenna Sideri-Youth 8,Recreation Council William Swig gart-Stevens Estate Advisory Committee Derrick Ward-Sustainabil(ty Committee Martha Wolfenden-Historical Commission Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen appoint all volunteers listed in the memorandum from the Town Manager dated August 8, 2018. Motion approved 5-0. Richard Vaillancourt recused himself and left the room. Request of Ashley Vaillancourt and Chris Buco to use the Town Common on August 30, 2018 from 6:OOPM-9:OOPM for end of season celebration for Summer Fitness Series Ashley Vaillancourt presented her request to use the Town Common for an end of the season celebration for the Summer Fitness Series. Ms. Vaillancourt is aware she needs to apply for a one day wine and malt license which will be on the agenda for the next meeting. Board of Selectmen Minutes August 13, 2018 4 Phil DeCologero made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the request of Ashley Vaillancourt and Chris Buco to use the Town Common on August 30, 2018 from 6:OOPM-9:OOPM for an end of the season celebration for the Summer Fitness Series. Motion approved 4-0. Richard Vaillancourt returned to his seat. Request of Brian Fraser of North Andover CAM for waiver of building permit fee for 70 Main Street Brian Fraser of North Andover CAM presented his request to waive the building permit fee for the build out at its new location at 70 Main Street. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen waive the building permit fee for North Andover CAM for construction at 70 Main Street. Motion approved 5-0. GOVERNMENTAL REPORTS Update on the September 4, 2018 State Primary from Town Clerk,Joyce Bradshaw Joyce Bradshaw gave an update on the upcoming State Primary which is September 4tn OLD BUSINESS: None NEW BUSINESS: None TOWN MANAGER'S REPORT: Reports The Board was provided with the following monthly reports: Police, Fire, Opioid Overdose, Building and Job posting/vacancy log. The Town Manager explained that the Planning Board is going through the Draft Master Plan and have had two public hearings and will have one more. The draft will then be presented to the Board of Selectmen for comment on August 27th. The Town Manager recommended when the final plan is complete the Board may want to appoint an implementation committee. SELECTMAN'S UPDATES/COMMENTS Rosemary Smedile stated°that she went tothe Vietnam Wall ceremony in Wilmington which was very moving. Richard Vaillancourt thanked the Police and Fire Departments for National Night Out. Rosemary Srnedile stated the Women's Club will be looking for the oldest resident in North Andover to present the Boston Post cane. Phil DeCologero announced the Artisan Club will be at the Mills on Sunday. Chairman,bean stated that the Old Center District Commission will be at the September 24tn meeting and the Cultural Council will be at the meeting on August 27tn to give an update. Chairman Kean also stated there is an Old Center Zoning Review Committee and their next meeting is Thursday, August 30tn ADJOURNMENT: Chris Nobile made a MOTION, seconded by Phil DeCologero to adjourn the meeting at 9:07p.m. Motion approved 5-0. Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Board of Selectmen Minutes August 13, 2018 5 Documents used at meeting: Minutes of July 16, 2018 Wheelabrator donation letter McDonald's donation letter Crossway Transit license request St. Gregory Church license request Change of Manager request-Stevens Estate Merrimack College license request Smolak Farms license request Licensing fee schedule Easements DPW surplus request Child safety seat grant letter St. Vincent use of common request Appointment memo Green communities grant letter State primary warrant Permit fee waiver request Appointment memorandum Vaillancourt use of common request NACAM fee waiver request Police report Fire report Overdose report Job posting/vacancy log Building report BOARD OF SELECTMEN MINUTES August 27, 2018 CALL TO ORDER: Chairman Regina Kean called the meeting to order at 7:OOPM in the Town Hall Meeting Room. The open session meeting was recorded. ATTENDANCE: The following were present: Chairman Regina Kean, Clerk Phil DeCologero, Licensing Chairman, Chris Nobile, Richard Vaillancourt, Rosemary Smedile, Town Manager Andrew Maylor, Assistant Town Manager, Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 10 members of the public were present. PLEDGE OF ALLEGIANCE PUBLIC COMMENT: None APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, to table the Open Session Minutes of August 13, 2018 until the next meeting. Motion approved 5-0. INTRODUCTION OF NEW STAFF MEMBERS Joel Bedard, the new local building inspector, introduced himself to the Board. LICENSING COMMISSIONERS: Phil DeCologero made a MOTION, seconded by Rosemary Smedile to open a meeting of the North Andover Licensing Commission. Motion approved 5-0. Request for change of manager and change of beneficial interest-Jade Restaurant Yee Wong and his attorney Brian Vaughan were present to explain the request. Mr. Vaughan stated that one owner has left the business hence the need for a change of beneficial interest. Rosemary Smedile made a MOTION,,seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners,;approve the,request for a change of manager and change of beneficial interest for the Jade Restaurant. Motion approved 5-0. Richard Vaillancourt recued himself and left the room. Request of Ashley/Vaillancourt for a one day wine and malt license for an end of summer celebration at the Town Common on Thursday, August 30, 2018 from 6:OOPM-9:30PM and waiver of fee Ashley Vaillancourt and Chris Buco were present to explain their request. Mr. Buco stated that brewers would be providing sample size cups-of beer and wine is being provided by a wholesaler. Rosemary Smedile made a MOTION, seconded by Regina Kean that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Ashley Vaillancourt for a one day wine and maltlicense and a fee waiver for an end of summer celebration at the Town Common on August 30, 201&;Motion approved 4-0. Richard Vaillancourt returned to his seat. Request of Paul Gallant of Merrimack College for eight one day liquor licenses 1. All alcohol license on Thursday, September 13, 2018 from 5:OOPM-10:OOPM for a reception at the Arcidi Welcome Center 2. Wine and malt license on Friday, September 14, 2018 from 5:OOPM-10:OOPM for a block party at the Sakowich Parking Lot 3. Wine and malt license on Saturday, September 15, 2018 from 6:OOPM-11:OOPM for concessions at the Rogers Center for Performing Arts 4. Wine and malt license on Saturday, September 22, 2018 from 11:OOAM -5:OOPM for concessions at the Stadium Pavilion 5. Wine and malt license on Wednesday, September 26, 2018 from 4:OOPM-10:OOPM for a reception at the Rogers Center for Performing Arts Board of Selectmen Minutes August 27, 2018 2 6. Wine and malt license on Friday, September 28, 2018 from 4:OOPM-9:OOPM for concessions at the Football Stadium Pavilion 7. Wine and malt license on Saturday, September 29, 2018 from 11:OOAM-6:OOPM for concessions at the athletic fields 8. Wine and malt license on Sunday, September 30, 2018 from 6:OOPM-11:OOPM for concessions at the Rogers Center for Performing Arts Richard Vaillancourt made a MOTION, seconded by Regina Kean that the Board of Selectmen, acting as Licensing Commissioners, approve the request of Paul Gallant of Merrimack College for eight one day liquor licenses as presented with the hours of the events to run in conjunction with their entertainment license, if any. Motion approved 5-0. Request from JT Thomson of Notch Brewing for four one day wine and malt Licenses for biergarten at the Stevens Coolidge Place on 1. Thursday, September 13, 2018 from 4:OOPM-9:OOPM 2. Friday, September 14, 2018 from 4:OOPM- 9:OOPM 3. Saturday, September 15, 2018 from 12:OOPM-7:OOPM 4. Sunday, September 16, 2018 from 12:OOPM-6:OOPM Phil DeCologero asked for the Town Manager to check with the police about the parking to make sure residents can access their streets. Kelly Cormier, 169 Andover Street, stated that she spoke with Kevin Block of the Trustees and he said the biergarten would be moved to somewhere on the property that is away from Wood-Lane. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the request of JT Thomson of Notch Brewing for four one day wine and malt licenses as presented. Motion approved 5-0. Request of Deborah Ingalls for three one day al]alcohol licenses for events at Smolak Farms: 1. Family reunion in the tent on Saturday, September 8,, 2018 from 4:OOPM-10:OOPM 2. Rehearsal dinner in the barn on Friday, September 28, 2018 from 5:00PM- 10:OOPM 3. Wedding in the tent on Saturday, September 29, 2018 from 4:00PM-10:00PM Regina Kean made a MOTION,seconded by Phil DeCologero that the Board of Selectmen, acting as Licensing Commissioners, approve the requests of Deborah Ingalls for events at Smolak Farms as presented. Motion approved 5-0. Richard Vaillancourt made a MOTION,seconded by Regina Kean to close a meeting of the North Andover Licensing Commission. Motion approved 5-0. CONSENT ITEMS: Accept Recycling,Dividends program grant in the amount of$10,400 from the Massachusetts Department of Environmental Protection Included,in the packets was a memorandum from DPW Director, Jim Stanford, explaining the grant that was obtained with the assistance of the Sustainability Committee which will be used for education about recycling. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen accept the grant from the Massachusetts Department of Environmental Protection in the amount of$10,400.00. Motion approved 5-0. Request to surplus vehicles-Police Department Included in the packets were requests from Chief Charles Gray to surplus three vehicles which will all be traded in for a new vehicle. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the request of Police Chief Charles Gray to surplus three vehicles outlined in his memorandum dated August 21, 2018. Motion approved 5-0. Request of Columbia Gas to excavate Bayfield Drive for the purpose of gas line maintenance-reinstalling a test station Included in the packets was a request from Columbia Gas to excavate Bayfield Drive for the purpose of gas line maintenance. All relevant departments approved the request. Jesus Figuereau from Columbia Gas was present to answer questions. Board of Selectmen Minutes August 27, 2018 3 Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Columbia Gas to excavate Bayfield Drive for the purpose of gas line maintenance as presented. Motion approved 5-0. GOVERNMENTAL REPORTS Update from Cultural Council Anna Choi, chair of the Cultural Council, provided the Board with an outline of what the cultural council does. Draft Master Plan Town Manager, Andrew Maylor, explained the process for adopting the Master Plan. Mr. Maylor asked the Board to provide feedback to his office and then the Board can vote on what comments they will send to the Planning Board. The Planning Board hopes to vote on the final plan by the end of September. The Board discussed the implementation committee and what their role will be. The Board also agreed they should establish priorities within the plan. OLD BUSINESS: None NEW BUSINESS: None TOWN MANAGER'S REPORT: Job posting/vacancy log The job posting/vacancy log was provided to the Board by the Human Resources Department. SELECTMAN'S UPDATES/COMMENTS Rosemary Smedile stated that Millie Matasso passed away. Ms. Matasso took many of the photographs that are displayed around Town Hall. Regina Kean thanked the Youth and Recreation Department for the many summer activities. ADJOURNMENT: Phil DeCologero made a MOTION;seconded by Chris Nobile to adjourn the meeting at 8:25p.m. Motion approved 5-0. Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Documents used at meeting: Minutes of August 13, 2018 Request of Jade Restaurant Request of Ashley Vaillancourt. Request of Merrimack College Request of Notch Brewing Request of Smolak Farm Grant memorandum Surplus memorandum Request of Columbia Gas Cultural Council summary Draft Master Plan Job posting/vacancy log 0R OVER ac[qu Laurie Burzlaff<lburzlaff@northandoverma.gov> Donation 1 message Diane Morrison <dmorrison@northandoverma.gov> Mon, Aug 27, 2018 at 1:49 PM To: Laurie Burzlaff<Iurzlaff@northandoverma.gov> FF Matt Davis received this donation of$200.00 from the Groveland Firefighters Association in thanks for use of our Fire Safety Trailer. This donation is to be used towards the operation expense for the Fire Safety Trailer. We ask that the acceptance of this doation be placed on the agenda of the next possible Board of Selectmen's meeting. Thank you Diane groveland.pdf 39K GROVEL AND FIREFIGHTERS ASSOCIATION 491 181 MAINSTREET 53-7D5112113 GROVELAND,MA 01834 205 Pay of to the �.S 1..0 Ordeof not � Doors n.tm a� r«. Bank yAmeri/ca'ss Most Conventera HankP 6a For '1 1�(l�� . w 1: 2113705454 82440425991I• OI, i r. The Atkinson PTO Inc. September 6, 2018 The Town of North Andover 120 Main Street North Andover, MA 01845 Dear Board of Selectmen, The Atkinson PTO is donating $9,937.70 to,the Town of North Andover to be used towards the purchase of new playground equipment for the Atkinson School playground. Thank you for your time. The Atkinson PTO Board Colleen LeGros,, President N 'iD TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER., MASSACHUSETTS 0145 NORTH Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk, FAX(978)688-9557 Ss9CHU MEMORANDUM TO: is Nobile, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, To Manager FROM: Suzanne M. Pelich,Asst. To Clerk DATE: September 10, 2018 SUBJECT: Change of Manager-North Andover Country Club Attached please find an application for a Change of Manager at The North Andover Country Club from Stephen J. Kohr to Jeff S. Isbell. Included is a favorable recoinmendation from the Police Department. Please do not hesitate to contact me if you have any questions or concerns. Thank you. a NORTH ANDOVER a ---Community Partnership--- Operations Division Lieutenant Daniel P. Lanen TO: Suzanne Pelich FROM: Lieutenant Daniel P. Lanen RE: North Andover Country Club DATE: August 27,2018 Please be advised that the following request for a Change of Manager has been reviewed. The Police Department has no issues with this change. Fingerprints and background check have been conducted and no issues arose concerning the new manager, Jeff S. Isbell. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 rm _ The Commonwealth of Massachusetts - -Punt-Fo- -- - Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass,gov/ahcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED,SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER I IF USED EPAY,CONFIRMATION NUMBER I G d Q� oaooy-CL��.1� A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) LICENSEE NAME _ ��„i,, ��, C�w �k,C_�' S• ��4l. :.na ADDRESS CITY/TOWN �f.�� STATE ZIP CODE j$Cr TRANSACTION TYPE(Please check all relevant transactions): Alteration of Licensed Premises Cordials/Liqueurs Permit New Officer/Director [] Transfer of License Change Corporate Name Issuance of Stock New Stockholder Transfer of Stock Change of License Type Management/Operating Agreement Pledge of Stock Wine&Malt to All Alcohol Change of Location More than(3)§15 Pledge of License 6-Day to 7-Day License Change of Manager New License Seasonal to Annual Other I El THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION 239 CAUSEWAY STREET BOSTON, MA 02241-3396 _ The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston, MA 02114 www.mass.eov/abcc AMENDEMENT APPLICATION FOR A CHANGE OF MANAGER Please complete this entire application, leaving no fields blank. If field does not apply to your situation, please write N./r; 1. NAME OF LICENSEE (Business Contact) P j P S. \\ ABCC License Number City/Town of Licensee f 2. APPLICATION CONTACT The application contact is required and is the person who will be contacted with any questions regarding this application. First Name: .S` , Middle: F t,,ta Last Name: -_r%bt'�\ Title: � ` ,,,�A.N s �- 13 Primary Phone: 6 o"3. C+`bCo �(r,a L1 Email: 3. BUSINESS CONTACT Please complete this section ONLY if there are changes to the Licensee phone number,business address (corporate headquarters),or mailing address. Entity Name: Primary Phone: Fax Number: Alternative Phone: Email: Business Address(Corporate Headquarters) Street Number: Street Name: City/Town: F State: Zip Code: Country: Mailing Address 0 Check here if your Mailing Address is the same as your Business Address Street Number. Street Name: City/Town: State: Zip Code: Country: 1 APPLICATION FOR A NEW RETAIL ALCOHOLIC BEVERAGES LICENSE 4. MANAGER CONTACT The Manager Contact is required and is the individual who will have day-to-day, operational control over the liquor license. Salutation � First Name -S Middle Name Sk�cN Last Name Suffix Social Security Number Date of Birth f Primary Phone: Email: Ji SUt ll a..� Nc•^�•L.o,.v�u�v CL• coy`"` Mobile Phone: Place of Employment Alternative Phone: Fax Number Citizenship/Residency/Background Information of Proposed Manager Are you a U.S.Citizen? S Yes ('No Do you have direct,indirect,or financial interest in this license? Yes ® No Have you ever been convicted of a state, ('Yes ('No federal,or military crime? If yes,percentage of interest y? anacti Jr,iltidava u,„t firsts yow convictions vith an explanation for each If yes,please indicate type of Interest(check all that apply): Have you ever been Manager of Record of a (`Yes ®No ❑ Officer ❑ Sole Proprietor license to sell alcoholic beverages? ❑ Stockholder ❑ LLC Manager If yes,please list the licenses ❑ LLC Member ❑ Director for which you are the current ❑ Partner ❑ Landlord or proposed manager: [] Contractual ❑ Revenue Sharing ❑ Management Agreement ❑ Other Please indicate how many hours per week you intend to be on the licensed premises I jQ Employment Information of Proposed Manager Please provide your employment history for the past 10 years Date(s) Position Employer Address ` Phone A� o �r ;-t Ta. :. \ � iM U� ew L M r N �. 'S d�•- G'j j Ci.:��w iE =� - Y.ewoO Carte, 1 i Vitr �JWeY) C M AAA Ei - -1 \ ��'� �d�� C ��L•, (��tc��c� 1 (LAC vf�a 301to r \� 1 ou 'VA L4/fit Prior Disciplinary Action of Proposed Manager Have you ever been involved directly or indirectly in an alcoholic beverages license that was subject to disciplinary action? If yes, please complete the following: Date of Action Name of License State City Reason for suspension,revocation or cancellation PROPunLP Pvt kNACS[a,MUTT<,QM°t El F A CORIRE_ ( EST FORM 2 APPLICANT'S STATEMENT 1, � s�� the: ❑sole proprietor; ❑ partner; Zcorporate principal; ❑ LLCALP member Authorized Signatory ofl i�1ts� � � �Ct�� , hereby submit this application for I CnJsR Name of the Entity/corporation Transaction(s)you are applying for (hereinafter the "Application"),to the local licensing authority(the "LLA") and the Alcoholic Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities")for approval. do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the 4pplication, and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. further submit the following to be true and accurate: 1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; 2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; 3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; 4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; 5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including, but not limited to the identity of persons with an ownership or financial interest in the license; 6) 1 understand that all statements and representations made become conditions of the license; 7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale, delivery, storage, or consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; 3) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions, including the revocation of any license for which the Application was submitted; and 3) I understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. Signature: Date: Title: November 15, 2017 To Whom it may concern, Please change the current liquor license under our previous General Manager, Stephen Kohr to our new General Manager,Jeff Isbell effective immediately. Please contact me if you need any further information. Thank you in advance, Stephanie M. Katz North Andover Country Club Club Secretary r uxM 153 The Commonwealth of Massachusetts DIA Use Only Department of Industrial Accidents Office of Investigations-Dept. 153 1 Congress Street,Suite 100,Boston,Massachusetts 02114-2017 http://www.mass.gov/dia Invest./SWO ID#: AFFIDAVIT OF EXEMPTION FOR CERTAIN CORPORATE OFFICERS OR DIRECTORS Chapter 169 of the Acts of 2002 amended M.G.L. c. 152, §1(4) by adding the following paragraph: "This chapter shall be elective for an officer or director of a corporation who owns at least 25 percent of the issued and outstanding stock of the corporation. Notwithstanding section 46, these provisions shall apply only if the corporate officer provides the commissioner of industrial accidents with a written waiver of his rights under this chapter. Said commissioner shall promulgate regulations to carry out the purpose of this paragraph. Violations of this paragraph shall subject the corporation to the penalties set forth in section 25C." Pursuant to M.G.L. c. 152, §1(4) as amended, I/We the undersigned officers of. North Andover Country Club (Name of Corporation and Address) each holding at least 25% of the issued and outstanding stock in said corporation, do hereby invoke the right to be exempt from the provisions of M.G.L. c. 152, §25A and therefore are not required to carry a workers' compensation policy covering the undersigned corporate officer(s) or director(s). I/We the undersigned do also waive any and all rights to make claims for benefits as defined in M.G.L. c. 152 for any injuries that may be sustained while in the employ of the above-named corporation. Further, I/we the undersigned do understand that, should the above-named corporation hire or have in its employ any employee(s) in addition to the undersigned corporate officer(s) or director(s), said corporation is required to obtain workers' compensation coverage for the employee(s) as prescribed by M.G.L. c. 152, §25A. I/We the undersigned have read and understand the statements and obligations as delineated above and I/we have checked the appropriate box below my/our name(s) indicating my/our desire to be exempt or not to be exempt from the provisions of M.G.L. c. 152. Signed under the pains and penalties of perjury: Y�� z Todd Fawaz- President 09/16/2017 Signature Print Name&Title Date(mm/dd/yyyy) ❑✓ I wish to exercise my right of exemption or ❑ I wish NOT to exercise my right of exemption kko��, Mark O'Leary-Treasurer 09/16/2017 Signature Print Name&Title Date(mm/dd/yyyy) ❑✓ I wish to a rci my ri of tion or ❑ I wish NOT to exercise my right of exemption Stephanie Katz- Secretary 09/16/2017 Signature Print Name&Title Date(inm/dd/yyyy) ❑✓ I wish to exercise my right of exemption or ❑ I wish NOT to exercise my right of exemption Signature Print Name&Title Date(min/dd/yyyy) ❑ I wish to exercise my right of exemption or ❑ I wish NOT to exercise my right of exemption Note:ALL ELIGIBLE CORPORATE OFFICERS MUST SIGN. THERE CAN BE NO MORE THAN 4 SIGNATURES. Instructions on back Form 153—7/2010 �m %.nix i 1rIrIj ��-- " "•' r mull"'� " eTIPS On Premise 3.0 `Ts6ld:411412018 Expires:4/1412021issued:4115/2018 Expires:.411512021 lD#:4774318 ID#:4774553 Michael J Moffett Frances Rose Ellis Jeff Isbell Jeff Isbell North Andover Country Club North Andover Country Club PO Box 99 PO Box 99 North Andover,MA 01845-0099 North Andover,MA 01845-0099 For service visit us online at www.gettips.com For service visit us online at www.gettips.com ® CERTIFIED CERTIFIED eTIPS On Premise 3.0 eTIPS On Premise 3.0 issued:4115/2018 Expires:411512021 Issued: Expires:3/22/2021 ID#:4757.693 Christine M. Umanzio Jeff Isbell Jeff Isbell North Andover Country Club Jeff Isbell PO Box 99 North Andover Country Club North Andover,MA 01845-0099 PO Box 99 North Andover,MA 01845-0099 For service visit us online at www.gettips.com For service visit us online at www.gettips.com TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 ,%0RTsj Joyce A. Bradshaw,CMMC o Telephone(978)688-9501 Town Clerk, FAX(978)688-9557 Ss C MEMORANDUM TO: Chris Nobile, Chairman,Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Suzanne M. Pelich, Asst. Town Clerk DATE: September 10, 2018 SUBJECT: One Day Liquor License Requests Attached please find eighteen one day liquor license application from Paul Gallant, on behalf of Merrimack College. The events are to be held on October 0, 5th, 6 th 6 tb 6 th, 7111, 7th, 12th,20th, 20'h, 261h, 27"', 27'h, 28"'November. Is', 15ffi, 1601& 17'h. A favorable recommendation has been given from the Police Department, Fire Department and the Building Inspector with no conditions. Please do not hesitate to contact me if you have any questions or concerns. Thank you. 8/27/2018 Special One Day Liquor License 38145 Applicant 31 Merrimack College Attn Paul Gallant % 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Rogers Performing Arts Center Concessions for Performance Date of event: Start time of event: 10/04/2018 6pm End time of event Type of alcohol served: 11 pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER" Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 112 8/27/2018 Special One Day Liquor License 38146 Applicant R Merrimack College Attn Paul Gallant T. 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Rogers Center Concessions for Performance Date of event: Start time of event: 10/05/2018 5pm End time of event Type of alcohol served: 11 pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification?"This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38147 Applicant Merrimack College Attn Paul Gallant �. 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Rogers Center Concessions for Performance Date of event: Start time of event: 10/06/2018 5pm End time of event Type of alcohol served: 11 pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38156 Applicant g Merrimack College Attn Paul Gallant % 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Stadium Pavilion Athletic Event Concessions Date of event: Start time of event: 10/06/2018 4pm End time of event Type of alcohol served: 9pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No Yes Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER" Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 9/4/2018 Special One Day Liquor License 38299 Applicant g Merrimack College Attn Paul Gallant % 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike street North Andover, MA 01845 Non Profit Location of Event Type of event: Merrimack Athletic Complex Athletic Event Concessions Date of event: Start time of event: 10/06/2018 5pm End time of event Type of alcohol served: 10pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER" Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification?"This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38157 Applicant Q Merrimack College Attn Paul Gallant 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Athletic Fields Concessions for Athletic Event Date of event: Start time of event: 10/07/2018 1 pm End time of event Type of alcohol served: 6pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No Yes Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 9/4/2018 Special One Day Liquor License 38321 Applicant Merrimack College Attn Paul Gallant �. 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Merrimack Athletic Complex Concessions for Athletic Event Date of event: Start time of event: 10/07/2018 3pm End time of event Type of alcohol served: 7pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER" Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38158 Applicant Merrimack College Attn Paul Gallant �. 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Athletic Fields Concessions for Athletic Event Date of event: Start time of event: 10/12/2018 4pm End time of event Type of alcohol served: 9pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No Yes Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 9/4/2018 Special One Day Liquor License 38327 Applicant Merrimack College Attn Paul Gallant �. 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street north Andover, MA 01845 Non Profit Location of Event Type of event: Merrimack Athletic Complex Concessions for Athletic Event Date of event: Start time of event: 10/20/2018 6pm End time of event Type of alcohol served: 10pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification?"This is required. Yes 1/2 9/4/2018 Special One Day Liquor License 38328 Applicant A Merrimack College Attn Paul Gallant % 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Merrimack Athletic Complex Concessions for Athletic Event Date of event: Start time of event: 10/27/2018 6pm End time of event Type of alcohol served: 10pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? **This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38149 Applicant Merrimack College Attn Paul Gallant 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Rogers Center Concessions for Performance Date of event: Start time of event: 10/28/2018 12pm End time of event Type of alcohol served: 5pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? 'This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38160 Applicant Q Merrimack College Attn Paul Gallant i. 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street north Andover, MA 01845 Non Profit Location of Event Type of event: Stadium Pavilion Concessions for Athletic Event Date of event: Start time of event: 10/26/2018 1 pm End time of event Type of alcohol served: 9pm Wine and Malt Is the event being catered? Name of caterer: Yes Sodexo Will there be use of a temporary tent? Will there be a generator used at the event? Yes No Will there be entertainment? No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER" Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38161 Applicant SQ Merrimack College Attn Paul Gallant % 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Stadium Pavilion Concessions for Athletic Event Date of event: Start time of event: 10/27/2018 12pm End time of event Type of alcohol served: 9pm Wine and Malt Is the event being catered? Name of caterer: Yes Sodexo Will there be use of a temporary tent? Will there be a generator used at the event? Yes No Will there be entertainment? No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38159 Applicant Merrimack College Attn Paul Gallant L 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike street North Andover, MA 01845 Non Profit Location of Event Type of event: Athletics Fields Concessions for Athletic Event Date of event: Start time of event: 10/20/2018 4pm End time of event Type of alcohol served: 9pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No Yes Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38162 Applicant Q Merrimack College Attn Paul Gallant 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North andover, MA 01845 Non Profit Location of Event Type of event: Rogers Center Concessions for Performance Date of event: Start time of event: 11/01/2018 6pm End time of event Type of alcohol served: 11 pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER" Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38163 Applicant R Merrimack College Attn Paul Gallant % 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 Turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Rogers Center Concessions for Performance Date of event: Start time of event: 11/15/2018 6pm End time of event Type of alcohol served: 11 pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38164 Applicant Q Merrimack College Attn Paul Gallant t. 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 turnpike street North Andover, MA 01845 Non Profit Location of Event Type of event: Rogers Center Concessions for Performance Date of event: Start time of event: 11/16/2018 6pm End time of event Type of alcohol served: 11 pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 8/27/2018 Special One Day Liquor License 38165 Applicant }� Merrimack College Attn Paul Gallant �. 978-837-3523 ext. 3523 @ gallantp@merrimack.edu Location 315 TURNPIKE STREET NORTH ANDOVER, MA 01845 Event Information: Address of applicant: Type of organization: 315 turnpike Street North Andover, MA 01845 Non Profit Location of Event Type of event: Rogers Center Concessions for Performance Date of event: Start time of event: 11/17/2018 12pm End time of event Type of alcohol served: 11 pm Wine and Malt Is the event being catered? Will there be use of a temporary tent? No No Will there be a generator used at the event? Will there be entertainment? No No **ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM AN AUTHORIZED WHOLESALER** Has permission been received from the property owner Who is serving the alcohol? to hold this event? Sodexo LLC Yes Does the server have liquor liability insurance? Yes Do servers have TIPS certification? "This is required. Yes 1/2 �J`1R `��9J��11�JJ1�111Ji,0i° a0 uu oll�III lil'I�I� AGENDA COVED MEMORANDUM o: Board of Selectmen hru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 6,2018 Re: ADA Coordinator The Town Manager is recommending Paul Hutchins, Inspector of Buildings, be appointed as the ADA Coordinator. The position was previously held by Donald Belanger who no longer works for the Town. CONSERVATION DEPARTMENT Community& Economic Development Division MEMORANDUM DATE: August 28, 2018 TO: Regina Kean, Chairman, Board of Selectmen CC: Andrew Maylor, Town Manager FROM: Jennifer Hughes, Conservation Administrator SUBJECT: Municipal Certification-Edgewood Conservation Restriction At the August 22, 2018 public meeting, the North Andover Conservation Commission (NACC) voted unanimously to sign the Municipal Certification for the Conservation Restriction (CR) granted by the Edgewood Retirement Community to the Trustees of Reservations and recommend approval of the CR by the Board of Selectmen. The NACC recommends approval of the CR and believes it is in the public interest and will serve to protect sensitive property adjacent to Lake Cochichewick. Additionally it provides public access and preserves scenic vistas and wildlife habitat and provides ecological and educational values. The CR is consistent with the goals of the Town of North Andover's Open Space and Recreation Plan. The CR was also part of a development approved by the Planning Board and the CR was part of the issued Special Permit. Please contact me if you have any questions regarding the CR or the vote taken by the NACC. 120 Main Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.northandoverma.gov i Grantor: Edgewood Retirement Community, Inc. Grantee: The Trustees of Reservations Address of Premises: Off Osgood Street, North Andover For Grantor's title see: Essex County North District Registry of Deeds at Book 14978, Page 53 & Book 15000, Page 3. i CONSERVATION RESTRICTION EDGEWOOD RETIREMENT COMMUNITY, INC., a Massachusetts not-far-profit corporation having an address of 575 Osgood Street, North Andover, Massachusetts, 01845, being the sole owner of the granted premises and intending hereby to bind E themselves and their heirs, successors and assigns, who, together with the said EDGEWOOD RETIREMENT COMMUNITY, INC., are collectively referred to herein as "Grantor", acting pursuant to Sections 31, 32, and 33 of Chapter 184 of the Massachusetts General Laws, hereby grants, with quitclaim covenants, for nominal consideration, to The Trustees of Reservations, a Massachusetts charitable corporation established under Chapter 352 of the Acts of 1891, qualified to hold Conservation Restrictions in accordance with Chapter 184 of the Massachusetts General Laws, and having an address at 200 High Street, Boston, MA 02110, its successors and permitted assigns ("Grantee"), in perpetuity and exclusively for conservation purposes, the following described Conservation Restriction (hereinafter, the "Conservation Restriction" or the "Restriction") on a portion of a parcel of land, said portion being approximately 15.3 acres as shown on a Conceptual Plan of Land by SMRT dated December 2015, and identified as "Lot B, Not Buildable, 15.3 acres" on said plan, located in the Town of North Andover, Massachusetts, hereinafter the "Premises". Said plan is attached hereto as Exhibit A. For Grantor's title to the Premises, see Quitclaim Deed and Confirmatory Quitclaim Deed recorded with the Essex County North District Registry of Deeds (the "Registry") in Book 14978, Page 53 and Book 15000, Page 3 respectively. I, E Purpose. This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. Its purpose is to assure that the Premises will be retained in perpetuity for conservation purposes in their natural, scenic, and open condition and to prevent any use of or change to the s 1 57902624 v2 Premises that would materially and adversely impair or interfere with the conservation values of the Premises. The imposition of this Restriction is a condition of the grant of certain special permits issued by the North Andover Planning Board on November 1, 2016 and recorded with the Registry in Book 14978, Page 56 and in Book 14978, Page 90. The public benefits and protected conservation values (hereinafter referred to as the "Conservation Values") resulting from the conservation of the Premises include, without limitation: A. Protection of Ecological and Educational Values. The Premises provide significant scenic, wildlife, outdoor educational, recreational and drinking water supply protection in its undeveloped state as a natural area that has not been subjected to development, it its proximity to and frontage on, Lake Cochichewick, the sole source of drinking water for the Town of North Andover, its proximity to existing permanently protected land owned by the Town of North Andover and by Grantor, and to conservation restrictions held by Grantor and by the Essex County Greenbelt Association. The majority of the Premises is designated as a Zone A Surface Water Supply Protection Area by the Massachusetts Department of Environmental Protection and as such is subject to the regulations established under 310 CM 22.00: The Massachusetts Drinking Water Regulations. B. Preservation of Scenic Views and Vistas. The woodlands on the Premises offer broad scenic views to the passing public from Great Pond Road (Route 133), and are an integral part of the scenic landscape surrounding Lake Cochichewick, which consists primarily of protected and undeveloped properties, including Town of North Andover-owned conservation land, Grantee's Weir Hill Reservation, and other parcels owned by the Grantor which are subject to perpetual conservation restrictions. C. Protection of Wildlife Habitat. The Premises contain valuable wildlife habitat, including woodlands used by a variety of wildlife species; the entire Premises is mapped by the Massachusetts Natural Heritage and Endangered Species Program (NHESP) as BioMap2 Core Habitat for Species of Conservation Concern, and as Priority Habitat of Rare Species pursuant to the Massachusetts Endangered Species Act (MESA). D. Furtherance of Governmental Policy. Protection of the Premises furthers the Town of North Andover's 2010 Open Space and Recreation Plan including meeting objectives to: protect North Andover's sole source of drinking water, Lake Cochichewick (Objective 1); link open space and trails (Objective 4); expand existing conservation efforts (Objective 5); protect scenic hilltops, landscapes and other historic resources (Objective 7); preserve historic landscapes and other historic resources (Objective 8); and maintain existing recreational facilities and create new recreational opportunities (Objective 10). These conservation values of the Premises and public benefits of this Conservation 2 57902624 v2 Restriction are described in more detail in a Baseline Documentation Report(BDR) to be kept on file at the office of Grantee, with a copy provided to the Grantor, and incorporated herein by this reference. Grantor and Grantee hereby acknowledge that this Report provides an accurate representation of the condition and the values of the Premises at the time of the granting of this Conservation Restriction and is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein. Notwithstanding the BDR, the parties may utilize any other evidence of the condition of the Premises at the time of this grant, should the BDR be unavailable or if it does not adequately address the issues presented. The terms of this Restriction are as follows: 1. A. Prohibited Uses. Subject to the exceptions set forth herein, the Grantor will neither perform nor allow others to perform the following acts and uses, which are expressly prohibited on, above and under the Premises: (1) Constructing, placing or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, antenna, utility pole, tower, solar panel, solar array, conduit, line or other temporary or permanent structure or facility on, above or under the Premises; (2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit; alteration of the existing natural topography of the Premises; withdrawal of surface or ground water from the Premises. (3) Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, tree and other vegetation cuttings generated off-site, waste or other substance or material whatsoever or the installation of underground storage tanks; (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation; (5) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, wildlife habitat, or archaeological conservation; (6) The use, temporary or permanent parking, or storage of motorcycles, motorized trail bikes, snowmobiles and all other motorized vehicles, except as necessary for the police, firefighters, or other governmental agents to carry out their lawful duties or as necessary for the mobility impaired; (7) The disruption, removal, or destruction of stone walls or granite fence posts on the Premises; 3 57902624 v2 (8) Conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises unless any such conveyance or subdivision receives the Grantee's written approval and results in a conveyance of that part or portion of the Premises that has been divided or subdivided to a charitable organization whose primary purpose is permanent land conservation; conveyance of the Premises in its entirety shall be permitted, provided that any such conveyance is subject to, and consistent with, the terms of this Conservation Restriction; (9) The use of the Premises for: a) Subsequent transferal of development rights to any property, whether or not adjacent to the Premises; b) Use in any calculations involving development of this or any other property, whether or not adjacent to the Premises, in any manner whatsoever; (10) The use of the Premises for business, residential or industrial use, or for more than de minimis commercial recreation; (11) Any other use of the Premises or activity thereon that is inconsistent with the purpose of this Restriction or that would materially and adversely impair the Conservation Values. B. Reserved Rights. The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only to the extent such uses and activities do not materially and adversely impair the Conservation Values or purposes of this Conservation Restriction: (1) Trails. The maintenance of currently existing trails located on the Premises substantially in their present condition as shown in the BDR, for the uses permitted herein, and, with prior approval of Grantee, the relocation of existing trails, including clearing, grading, construction, marking and maintenance (including, if necessary, the construction of retaining walls, planking and bridges, or barriers to prevent motorized access), provided that any new trails shall replace existing trails, and that said existing trails shall be closed and abandoned after the new trails are created, unless Grantee specifically approves the creation of a new trail, and provided that the new trails will not materially and adversely impair the Conservation Values of this Conservation Restriction. Trails may be constructed of dirt, stone dust, gravel, or other natural and pervious material; in no case may they be paved; no new trails shall exceed eight (8) feet in width. (2) Signage. The erection, maintenance and replacement of a minimal number of signs with respect to a) the location of boundary lines and trails; b) permitted and prohibited uses; c) interpretive, informational, 4 57902624 v2 navigational, or other signs intended to enhance passive public use of the Premises. (3) Passive Outdoor Recreational and Educational Uses. Hiking, horseback riding, cross country skiing, wildlife observation and other passive, non-motorized outdoor recreational activities that do not materially and adversely alter the landscape, do not degrade environmental quality, and do not involve more than minimal use for commercial recreational activities. (4) Invasive Species. The removal of nonnative, nuisance or invasive species of flora or fauna, and the control of such species in a manner that minimizes damage to surrounding, non-target species and preserves water quality. For the purposes of this Conservation Restriction, the terms "non-native" and "invasive species" shall be defined as a species living outside its Native distributional range, which has arrived there by human activity, either deliberate or accidental, and which is likely to cause economic or ecological harm or harm to human health. (5) Wildlife Habitat Improvement. With the prior written approval of Grantee, measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including selective planting of native trees, shrubs and plant species. (6) Vegetation Management. In accordance with generally accepted forest management practices, removing brush, selective pruning and cutting, but not clear-cutting of trees and other vegetation to prevent, control or remove hazards, disease or insect damage, fire or to preserve the present condition of the Premises, including woods roads, fence lines or trails; (7) Site Restoration. Any work undertaken in conjunction with the Reserved Rights described in this Paragraph B shall seek to minimize disturbance to the Conservation Values and other natural features within the Premises that may be impacted as a result of exercising of any of the Reserved Rights described herein, and to Lake Cochichewick. Upon completion of any site work performed in conjunction with the Reserved Rights described in this Paragraph B, any disturbed areas shall be restored substantially to the conditions with respect to soil material, grade, and vegetated ground cover as documented in the BAR, as applicable, or in conformance with the conditions with respect to soil material, grade, and vegetated ground cover that existed prior to said work, if said work is done in any area not documented in the BDR. 5 57902624 v2 (8) Such other activities requested by the Grantor and expressly approved in writing by the Grantee, provided a) the activities are consistent with the purposes of this Restriction; b) the activities are not expressly prohibited herein; and c) the activities will not impair the Conservation Values or purposes of this Restriction. The exercise of any right reserved by Grantor under this paragraph B shall be in compliance with the then-current Zoning By-Law of the Town of North Andover, the Wetlands Protection Act (Massachusetts General Laws Chapter 131, Section 40) and all other applicable federal, state and local law. The inclusion of any reserved right in this paragraph B requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position as to whether such permit should be issued. 2. Notice and Approval. Whenever notice to or approval by Grantee is required, Grantor shall notify Grantee, by a method requiring proof of receipt, in writing not less than 60 days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantee's approval is required, Grantee shall grant or withhold approval in writing within 60 days of receipt of Grantor's request. Grantee's approval shall not be unreasonably withheld, conditioned or delayed, but shall only be granted upon a showing that the proposed activity shall not materially and adversely impair the purposes of this Conservation Restriction. Subject to any applicable law or regulation, failure of Grantee to respond in writing within 60 days shall be deemed to constitute approval by Grantee of the request as submitted, so long as the request sets forth the provisions of this section relating to deemed approval after 60 days in the notice, the requested activity is not prohibited herein, and the activity will not materially and adversely impair the Conservation Values or purposes of this Conservation Restriction. 3 LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of(it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall 6 57902624 v2 be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantee determines there is no ongoing diminution of the Conservation Values of the Conservation Restriction. Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including reasonable counsel fees) actually incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided that a violation of this Conservation Restriction is acknowledged by Grantor or determined by a court of competent jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked. B. Non-Waiver, Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. D. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the Premises, if Grantor and Grantee mutually agree that such restoration is desirable and feasible. 4 ACCESS The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the right to enter the Premises, at Grantee's or such authorized agents' or representatives' own risk, upon reasonable notice and at reasonable times, for the purpose of inspecting the Premises to determine compliance with or to enforce this 7 57902624 v2 Conservation Restriction. The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as may be necessary or appropriate to remedy or abate any violation hereof, including but not limited to the right to perform a survey of boundary lines. The Grantor agrees to take no action to prohibit, discourage, or charge a fee for access to and use of the Premises by the general public, but only for daytime use, in accordance with all applicable law and only as described herein; provided that such agreement by Grantor is subject to the Grantor's reserved right to establish reasonable rules, regulations, and restrictions on such permitted recreational use by the general public for the protection of the purposes and Conservation Values of this Conservation Restriction. Grantor has the right to control, limit, or prohibit by posting and other reasonable means activities or uses of the Premises not authorized herein. The Grantor's right to grant public access across the Premises is subject to the restrictions described in this Conservation Restriction. Any public use which is permitted by the terms of this Conservation Restriction constitutes permission to use the Premises for purposes described in the Massachusetts General Laws Chapter 21, Section 17C and the Grantor and Grantee hereto benefit from exculpation from liability to the extent provided in such section. The Grantee may require the Grantor to post the Premises against any use that may result in rutting or erosion or other damage to the natural resources of the Premises. 5 EXTINGUISHMENT A. If circumstances arise in the future which render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by a court of competent jurisdiction under applicable law after review and approval by the Massachusetts Secretary of Energy and Environmental Affairs. If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantees, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds in accordance with paragraph B below, subject, however, to any applicable law which expressly provides for a different disposition of the proceeds and after complying with the terms of any gift, grant, or funding requirements. Grantees shall use its share of the proceeds in a manner consistent with the conservation purpose set forth herein. B. Proceeds. Grantor and Grantee agree that the donation of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction bears to the value of the unrestricted property. Such proportionate value of the Grantee's property right shall remain constant. Any proceeds will be distributed only after complying with the terms of any gift, grant, or other funding requirements. a 57902624 v2 C. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in accordance with paragraph Ill. B — above, after complying with the terms of any law, gift, grant, or funding requirements. If a less than fee interest is taken, the proceeds shall be equitably allocated according to the nature of the interest taken. The Grantee shall use its share of the proceeds like a continuing trust in a manner consistent with the conservation purposes of this grant. 6 DURATION & ASSIGNABILITY A. Running of the Burden. The burdens of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments reasonably necessary to assure the perpetual enforceability of this Conservation Restriction. The Grantor and its successors and assigns agree themselves to execute such reasonably necessary instruments upon request. The Grantor, on behalf of itself and its successors and assigns, appoints the Grantee their attorney-in-fact for the sole purpose of executing, acknowledging and delivering any such reasonably necessary instruments on their behalf. C. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall not be assignable by the Grantee, except in the following instances: As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; that the Assignee is not an owner of the fee in the Property, and the Assignee, at the time of the assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. 7 SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument which grants any interest in all or a portion of the Premises, including a leasehold interest and to notify the Grantee not less than twenty (20) days prior to the execution of such transfer. Failure to do any of the above shall not impair the validity or enforceability of this Conservation Restriction. Any 9 57902624 v2 transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after their transfer of ownership in the Premises. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. 8 ESTOPPEL CERTIFICATES Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance or non-compliance with any obligation of the Grantor contained in this Conservation Restriction. 9 NON MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title, to any part of the Premises without having first assigned this Conservation Restriction to a non-fee owner that is qualified under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder and is eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of Massachusetts in order to ensure that merger does not occur and that this Conservation Restriction continues to be enforceable by a non-fee owner. 10 AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the General laws of Massachusetts. Any amendments to this conservation restriction shall occur only in exceptional circumstances. The Grantee will consider amendments only to correct an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of all parties in considering and/or implementing an amendment shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be approved by the Secretary of Energy and Environmental Affairs and if applicable, shall comply with the provisions of Art. 97 of the Amendments to the Massachusetts Constitution, and any gifts, grants or funding requirements. Any 10 57902624 v2 amendment shall be recorded in the Essex County North District Registry of Deeds. 11 EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been recorded in a timely manner in the Essex North District Registry of Deeds. 12 NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover, Massachusetts, 01845, To Grantee: The Trustees of Reservations 200 High Street, 411, Fl. Boston, MA 02110 or to such other address as any of the above parties shall designate from time to time by written notice to the other or, if notice is returned to sender, to an address that is reasonably ascertainable by the parties. 13 GENERAL. PROVISIONS A. Controlling Law. The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Chapter 184, Sections 31, 32, and 33 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability. If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D. Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, 11 57902624 v2 negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. 14 MISCELLANEOUS A. Pre-existing Public Rights. Approval of this Conservation Restriction pursuant to Chapter 184, Section 32 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. B. Subordination. The Grantor attests that there is no mortgage, promissory note, loan, lien, equity credit line, refinance assignment of mortgage, lease, financing statement or any other agreement which gives rise to a surety interest affecting the Premises. C. Attached hereto and incorporated herein by reference are the following: Signature pages: Grantor Grantee Acceptance Approval by Select Board Approval of the Secretary of Energy and Environmental Affairs. Exhibits: Exhibit A. Sketch Plan of the Premises WITNESS my hand and seal this day of , 20 , By: Its: , duly authorized By: Its: , duly authorized Edgewood Retirement Community, Inc. [Note this will need to be signed by the President or Vice President AND the Treasurer or Assistant Treasurer in order to be recorded. In the alternative, we can record a Board vote which authorizes a particular individual] 12 57902624 v2 COMMONWEALTH OF MASSACHUSETTS Essex, ss: On this day of 2018, before me, the undersigned notary public, personally appeared , and proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: i ACCEPTANCE OF GRANT This Conservation Restriction from Edgewood Retirement Community, Inc. was accepted by the Trustees of Reservations this day of , 20 By: Its: , duly authorized COMMONWEALTH OF MASSACHUSETTS ss: On this day of 2018, before me, the undersigned notary public, personally appeared and i 13 57902624 v2 proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 14 57902624 v2 APPROVAL OF SELECT BOARD We, the undersigned, being a majority of the Select Board of the Town of North Andover, hereby certify that at a public meeting duly held on , 2018, the Select Board voted to approve the foregoing Conservation Restriction from Edgewood Retirement Community, Inc. to the Trustees of Reservations in the public interest pursuant to Section 32 of Chapter 184 of the General Laws of Massachusetts. SELECT BOARD: i COMMONWEALTH OF MASSACHUSETTS Essex, ss: On this day of , 20 before me, the undersigned notary public, personally appeared and proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. i I Notary Public My Commission Expires: APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS 16 57902624 v2 i COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction from Edgewood Retirement Community, Inc. to the Trustees of Reservations has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: , 2018 MATTHEW A. BEATON Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss: On this day of 2018, before me, the undersigned notary public, personally appeared MATTHEW A. BEATON, and proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the proceeding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 17 57902624 v2 EXHIBIT A Legal Description of Premises If you do not have a survey plan for the Premises, or if you choose to provide a written description in addition to the survey plan, insert that written description here. ALL Building Envelopes and Exclusion areas MUST be defined by metes and bounds. If providing a written metes and bounds description along with a survey plan, the written metes and bounds and those shown on the survey MUST match. OR If Exhibit B is a reduced copy of a survey plan and you will not provide a written metes and bounds description, follow the template provided below. This is the recommended option if you have a survey plan.] Description of the Premises The Premises subject to this Conservation Restriction is the entirety of[INSERT #of and "parcels']of land located in the [Town/City of XXX], [County Name] County, Commonwealth of Massachusetts, containing a total of[Insert#of acres] acres, shown as [Insert parcel name as given on plan, i.e., "Parcel A"or"Lot 10'J on a plan of land entitled [Insert Plan !Name], dated [insert Plan Date], prepared by[insert Plan creator professional land surveyor company name, address], said plan recorded at the [Insert recording information], a reduced copy of which is attached hereto as Exhibit B. Street Address: 18 57902624 v2 EXHIBIT B [Reduced Copy of OR Sketch] Plan of Premises For official full size plan see [enter County] Registry of Reeds Plan Book Page [This planlmap must show the CR area. The CR area and any exclusions or building envelopes most be clearly labeled. This should be labeled as either a Reduced Copy or a Sketch. If a party other than the PLS or other professional preparor of the Plan has added features (e.g., planned trails), this should be labeled as a `Sketch Plan of Premises'and should clarify which features are not associated with the official copy. If this is a copy of the full size plan that has not been altered in any way, then it should be labeled as a 'Reduce i i, i 19 s 57902624 v2 APPENDIX B DATE: MUNICIPALITY: NUMERIC ASSIGNMENT: .._L Agency use only) - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DIVISION OF CONSERVATION SERVICES 100 Cambridge Street,9'Floor Boston,MA 02114 (617)626-1011 CONSERVATION RESTRICTION APPLICATION FORM Pursuant to the provisions of G,L. c. 184, §32, the Secretary of Environmental Affairs is hereby requested to approve a conservation restriction as described below, A. GENERAL INFORMATION 1. GRANTOR: Name! Edgewood Retirement Cominuity, Inc. Address: 575 Osgood Street,North Andover,MA 01845 Telephone Number: (978)725-3300 Contact Person: Bob Coppola 2. GRANTEE: Name, The Trustees of Reservations Address: 200 High Street,Boston,MA 02110 Telephone Number: 978-921-19'44 x 1918 Contact Person: David T. Santornerma 3. TYPE OF RESTRICTION: a. Conservation only: Z b, Joint Restriction: M Type: Agricultural El Historical [I Watershed M It is possible for a restriction to fit into more than one category,requiring more than one approval. If a joint restriction,has the approval process been started with either the Commissioners of Food and Agriculture, MDC or the Massachusetts Historical Commission? Yes E] No, El 4. STATE FUNDS INVOLVED Ryes Eno R CPA R Grant(type) R Other S.PUBLIC OFFICIALS: State Representative(s)Diana,DiZoglio State Senator(s)Kathleen O'Connor Ives Other involved Official(s) 6. GRANTOR'S INTENT a. Charitable contribution: Yes No Do you intend to claim an IRS income tax deduction? Yes ❑ No b. Required as part of municipal or state permitting process: Yes No 1. Is this restriction required by M.G.L.,c.40A §9 special permit? Yes No (Please attach a copy of the permit(s) as an exhibit.) 1 Is it required by M.G.L,,c. 131, §40 Wetlands Order of Conditions? Yes ❑ No (Please attach a copy of the Order of Conditions.) 3. Other? Yes ❑ No Please explain: c, Other: Please explain(for example,sale of a C.R. to a public agency): d. Is this a perpetual restriction? Yes E No E] If less than permanent, for how many years? yrs. B. PUBLIC BENEFIT I. Is the restriction for the preservation of land areas for outdoor recreation by, or the Yes No education of,the general public? 2, Is the restriction for the protection of a relatively natural habitat of fish, wildlife,or Yes No plants,or similar ecosystems? 3. Is the restriction for the preservation of open space(including farmland and forest land) where such preservation is: a. pursuant to a clearly delineated federal,state,local governmental policy and Yes No ❑ will yield a significant public benefit? b, for the scenic enjoyment of the general public and will yield a significant Yes No public benefit? 4. Is the property historically significant? One that meets National Register Criteria or Yes F1 No is within a registered historic district or contributes to the integrity of an historic building or property? 5. Other public benefit? (if yes,please explain below) Yes EJ No ❑ C. SITE DATA (Note: ffthe restriction lies in more than one community, this Site Data./brin must be completed fir that portion 49j' the restriction within each community.) Location: I. Municipality: North Andover Street Location: Off Osgood Street 2. Grantor's Registry of Deeds Book# 15000 Page# 3 3. Assessors Map# 36 Lot# 2 4. New Site El Addition to existing restricted area Z Please specify: Abuts other CR's held by Grantee and Essex County Greenbelt Zo�nin : (Check all that apply) Commercial Z Industrial ❑ Residential E] Title: Is there a mortgage? Yes EJ No Z (if"Yes"then assent®f mortgagee(s) is required.) Does applicant have clear title? Yes, Z No ❑ If not,please explain: Encumbrances: Is the property encumbered by any easement(s)? Yes No ❑ Please explain: Utility easement,view easement,pipeline easement. Pleas refer to plan. Geouraphic,Information: 1. Total acres covered by restriction: 15.3 acres 2. Cover: Acres in A. Upland Forest 15.3 B. Open(field,pasture,etc.) C. Vegetated Wetland D. Water 3. Topography: Acres in A. Flat B. Hilly C. Rolling 15.3 D. Mountains 4. Waterfront: Feet on A. Ocean B. River C. Stream D. Lake 915'on Lake Cochichewick Please identify water body: General Information: 1. Are there any improvements existing on the property to be permitted after execution Yes E] No Z of the C.R.? If yes, explain in detail: 2. Is the property currently under any of the preferential real estate tax assessment Yes E] No Z programs? If yes,which one: c. 61 R c.61A R c. 61 B El 3. If the property is under agricultural use, is the soil considered prime or of statewide Yes ❑ No Z agricultural significance? (If yes,USDA Soil Conservation Service data must be provided.) 4. Is the property adjacent to any public or quasi-public land or buildings? Yes E] No, Z Describe briefly: The Premises abut the Town of North Andover's Osgood Hill conservation area. 5. Does the property lie within an historic district,include an archaeological or rare Yes, Z No ❑ species site,fall within a Department of Environmental Management designated scenic landscape,river, or within an Executive Office of Environmental Affairs designated Area of Critical Environmental Concerti, a Zone 11 of a public water supply,etc.? Please explain: 4.7 acres of the property is Zone B,the balance is in Zone A. 3 6. Will public access be allowed? Yes E No If yes, explain any limitations, type,etc.. Prepared by: David T. Santomenna Address: Trustees of Reservations,200 High Street, Boston,MA 02110 Telephone Number: 978-921-1944 x 1918 Email: dsaiitomenna@ttor.org 4 ATTACHMENTS- Enclosed a. Conservation Restriction(required) Yes Z No E] b. USGS topographic map with area identified thereon(required) Yes Z' No [:] c. Photographs(required); aerial(if available) Yes CE No F-1 d. Applicable federal state or local plans,programs(excerpts therefrom) Yes ED No E:1 or zoning ordinances,if appropriate e. Survey,plotmap, or sketch plan(required) Yes Z No ❑ f. Special reports, studies, if available Yes [] No F-1 g. Natural resource inventory, if available Yes [:1 No, F-1 h. Wetlands Order of Conditions c. 131, §40, if available Yes F-1 No D i. C.40A, §9 Special Permit, if applicable Yes [:1 No E] j. I.R.S. letter ruling, if applicable Yes E] No E] k. Charitable status documentation, if applicable Yes F-1 No E:] 1. Assent of inortgagee(s),if applicable Yes F-1 No [:J in. USDA Soil Data,if applicable Yes F-1 No F-1 n. Other(please specify) Yes F-1 No F-1 The conservation restriction must be prepared in a form suitable for recording and be approved and signed by the grantor, grantee,and municipal official(s). The applicant may wish to submit a draft of the conservation restriction document for a determination as to whether it is acceptable for approval by the Secretary. This procedure is recommended in situations in which the gift is complex or the applicant needs guidance in drafting an acceptable document.Regardless of whether the applicant files a draft or executed conservation restriction, all required attachments must be submitted for review. The Division of Conservation Services,as part of its records retention program and in conjunction with the Massachusetts State Archivist,will retain the grantee's baseline data in the State Archives at no cost. Grantees need only submit duplicate originals of the documents and photograph negatives with the application.The documents will be permanently preserved in the State Archives,220 Morrissey Boulevard,Boston,MA 02125,and will be available for viewing or recovery as needed. ii If the grantee is a non-profit charitable corporation or trust,proof must be provided that it is a qualified charitable organization in accordance with M.G.L. c. 180§4(a)or(1)and the I.R.S. Code Section 501(c)(3). The Division also reserves the right to review the organization's by-laws and list of officers if warranted. Regardless of whether the grantee is a qualified private non-profit organization or a city or town or commission,authority,or other instrumentality thereof,the local conservation commission must define the reasons for preserving the property and certify that the restriction is in the public interest. (Please refer to page 7 of the Massachusetts Conservation Restriction Handbook) iii The Secretary will find sufficient evidence of the"public interest" if the applicant can show that the restriction meets any of the tests for deductibility under the Internal Revenue Service Code Section 170(h)and the Regulations promulgated thereunder, or a private letter ruling by the Internal Revenue Service shall be deemed sufficient for establishing such deductibility, or the applicant makes an independent showing of eligibility for deductibility. The letter ruling or documentation demonstrating eligibility for deductibility should be attached along with this application. Regardless of the intent of the grantor's gift.,the Secretary's determination of public interest will be dependent upon how well the applicant demonstrates public benefit.The above tests(section B)are sufficient demonstrations of the public interest;however, grantors should be advised that the Secretary reserves the right to require modifications to the conservation restriction where in his/her opinion the retained rights adversely impact the public interest or natural resource values of the property or when the document is improperly drafted. 5 CONSERVATION RESTRICTION To The Trustees of Reservations EDGEWOOD RETIREMENT COMMUNITY, INC., a Massachusetts not-for-profit corporation. having an address of 575 Osgood Street, Worth Andover, Massachusetts, being the owner of the granted premises and intending hereby to bind themselves and their heirs, successors and assigns, who, together with the said EDGEWOOD RETIREMENT COMMUINITY, INC., are collectivelly referred to herein as "Grantor", acting pursuant to Sections 3 I, 32, and 33 of Chapter 1'84 of the Massachusetts General Laws, hereby grants, with quitclaim covenants, for no consideration, to The Trustees of Reservations, a Massachusetts charitable corporation established under Chapter 352 of the Acts of 1891, qualified to hold Conservation Restrictions in accordance with Chapter 184 of the Massachusetts General Laws, and having an address at 572 Essex Street, Beverly, Massachusetts 01915, its successors and permitted assigns ("Grantee"), in perpetuity and exclusively for conservation purposes, the following described Conservation Restriction (hereinafter, the "Conservation Restriction" or the "Restriction"), on a portion of a parcel of land, said portion being approximately 15.3 acres as shown on a Conceptual Plan of Land by SMRT dated December 2015, and identified as "Lot B, Not Buildable, 15.3 acres" on said plan, located in the Town of Worth Andover, Massachusetts hereinafter the "Premises". Said plan is attached hereto as Exhibit A. For Grantor's title to the Premises, see Quitclaim Deed and Confirmatory Quitclaim Deed recorded with the Essex County North District Registry of Deeds (the "Registry") in Book 14978, Page 53 and Book 15000, Page 3 respectively. Purpose, This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. Its purpose is to assure that the Premises will be retained in perpetuity predominantly in their natural, scenic, and open condition and to prevent any use of the Premises that will significantly impair or interfere with the conservation values of the Premises. The imposition of this Restriction is a condition of the grant of certain special permits issued by the (North Andover Planning Board on (November 1, 2416 and recorded with the Registry in Book 14978, Page 56 and in Book 1!4978, Page 90. The public benefits and protected conservation values resulting from the conservation of the Premises include, without limitation: A. Protection of Ecological and Educational Values. The Premises provide significant scenic, wildlife, outdoor educational, recreational and drinking water supply protection in its undeveloped state as a natural area that has not been subjected to development, it its proximity to and frontage on, Lake Cochichewick, the sole source of drinking, water for the Town of North Andover, it's proximity to existing permanently protected land owned by the Town of North Andover and by Grantor, and to conservation restrictions held by Grantor and by the Essex County Greenbelt Association. II 56776650 v.] B. Preservation of Scenic Views and Vistas. The woodlands on the Premises offer broad scenic views to the passing public from Great Pond Road (Route 13,3), and are an integral part of the scenic landscape surrounding Lake Cochichewick, which consists primarily of protected and undeveloped properties, including Town-owned conservation land, Grantee's Weir Hill Reservation, and other parcels owned by the Edgewood retirement community. C. Protection of Wildlife Habitat. The Premises contain valuable wildlife habitat, including woodlands used by a variety of wildlife species; the entire Premises is mapped by the Massachusetts Natural Heritage and Endangered Species Program (NHESP) as BioMap2 Core Habitat for Species of Conservation Concern, and as Primary Habitat pursuant to the Massachusetts Endangered Species Act (MESA). D. Furtherance of Governmental Policy. Protection of the Premises, furthers the Town of North Andover's 2010 Open Space and Recreation Plan including meeting objectives to,: protect North Andover's sole source of drinking water, Lake Cochichewick (Objective 1); link open space and trails (Objective 4); expand existing conservation efforts (Objective 5); protect scenic hilltops, landscapes and other historic resources (Objective 7); preserve historic landscapes and other historic resources (Objective 8)�; and maintain existing recreational facilities and create new recreational opportunities (Objective 10). These conservation values of the Premises and public benefits of this Conservation Restriction are described in more detail in a Baseline Documentation Report (BDR) to be kept on file at the office of Grantee, with a copy provided to the Grantor, and incorporated herein by this reference. Grantor and Grantee hereby acknowledge that this Report provides an accurate representation of the condition and the values of the Premises at the time of the granting of this Conservation Restriction and is intended to serve as an objective information baseline for subsequent monitoring of compliance with the terms of this Conservation Restriction as described herein. Notwithstanding the BDR, the parties may utilize any other evidence of the condition of the Premises at the time of this grant, should the BDR be unavailable or if it does not adequately address the issues presented. The terms, of this Restriction are as follows: A. Prohibited Uses. Except as provided in the reserved rights set forth in paragraph B below, the Grantor will neither perform nor allow others to perform the following acts and uses, which are expressly prohibited on, above and under the Premises: (1) Constructing, placing or allowing to remain any temporary or permanent building, tennis court, landing strip, mobile home, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, antenna, utility pole, tower, conduit, line or other temporary or permanent structure or facility on, above or under the Premises; (2) Mining, excavating, dredging or removing from the Premises of soil, loam, peat, gravel, sand, rock or other mineral resource or natural deposit; alteration of the existing 2 56776650 v] natural topography of the Premises; withdrawal of surface or ground water from the Premises, other than for use on the Premises,. (3) Placing, filling, storing or dumping on the Premises of soil, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste or other substance or material whatsoever or the installation of underground storage tanks; (4) Cutting, removing or otherwise destroying trees, grasses or other vegetation; (51) Activities detrimental to drainage, flood control, water conservation, water quality, erosion control, soil conservation, or archaeological conservation; (6) The use, temporary or permanent parking, or storage of motorcycles, motorized trail bikes, snowmobiles and all other motor vehicles, except as necessary for the police, firefighters or other governmental agents to carry out their lawful duties; (7) The disruption, removal, or destruction of stone walls or granite fence posts on the Premises; (8) Conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises; however, conveyance of a part or portion of the Premises, or division or subd'ivision of the Premises, for conservation purposes, shall be permitted with the written consent of the Grantee, conveyance of the Premises in its entirety shall be permitted, provided that any such conveyance is subject to, and consistent with, the terms of this Conservation Restriction; (9) The use of'the Premises for: a) Subsequent transferal of development rights to any property, whether or not adjacent to the Premises; b) Use in any calculations involving development of this or any other property, whether or not adjacent to the Premises, in any manner whatsoever; (10) Any other use of the Premises or activity thereon that is inconsistent with the purpose of this Restriction or that would materially impair significant conservation interests, unless the use or activity is necessary in an emergency for the preservation of the Premises or otherwise in an emergency and is temporary in duration. B. Reserved�Rj Rights. All acts and uses, not prohibited in paragraph A are permissible, provided that such acts and uses do not materially impair the purpose of this Restriction or other significant conservation interests. The following acts and uses, otherwise prohibited in Paragraph A, are: permitted, but only if such uses and activities do not materially impair the purpose of this Restriction or other significant conservation interests: (11) imk The maintenance of currently existing trails located on the Premises substantially in their present condition r as reasonably necessary for the uses permitted' herein, and, with prior permission of Grantee, the relocation of 3 .56776650 vI existing trails, including clearing, grading, construction, marking and maintenance (including, if necessary, the construction of retaining walls, planking and bridges, or barriers to prevent motorized access), provided that any new trails shall replace existing trails, and that said existing trails shall be closed and abandoned after the new trails are created, unless Grantee specifically approves the creation of a new trail, and provided that the new trails do not have a negative impact on the conservation values of this Conservation Restriction. Trails may be constructed of dirt, stone dust, gravel, or other natural and pervious material; in no case may they be paved. (2), Signgge. The erection, maintenance and replacement of a minimal number of signs with respect to a) the location, of boundary lines and trails; b) permitted and prohibited uses; c) interpretive, informational, navigational, or other signs intended to enhance passive public use/ (3) Recreational and Educational Uses. Hiking, horseback riding, cross country skiing, wildlife observation and other passive, non-motorized outdoor recreational uses consistent with the purposes of this Conservation Restriction, (4), Invasive Species. The removal if non-native, nuisance or invasive species of flora or fauna, and the control of such species in a manner that, minimizes damage to surrounding, non-target species and preserves water quality. For the purposes, of this Conservation Restriction, the terms "non-native" of "invasive species" shall be defined as a species that non-native or alien to the ecosystem under consideration, and which us likely to cause economic or ecological harm or harm to human health. (5) Forestry. In accordance with generally accepted best forestry management practices, as those practices may be defined by appropriate governmental or educational institutions, a) selective de min mis pruning and cutting to prevent, control or remove hazards, disease, insect damage or fire or to preserve the present condition of the Premises, including trails; b) the right to conduct, or to permit others, to conduct, sound sillvicultuiral uses of the Premises in accordance with a forest management plan to be prepared by a professional forester licensed to practice forestry in Massachusetts pursuant to M.G.L. c. 132, sections 47-49, which plan shall be approved in advance of any timber harvest by Grantee. All forest management plans shall provide for the management of the Premises in a manner consistent with generally accepted "Best Management Practices", as those practices may be identified by appropriate governmental or educational institutions, and in a manner not wasteful of soil resources or detrimental to water quality or other conservation values of this Conservation, Restriction. (6), Such other activities requested by the Grantee and expressly approved in writing by the Grantor, provided a) the activities are consistent with the 4 56776650 v I purposes of this Restriction; b) the activities are not prohibited herein; c) the activities will not impair the conservation values or purposes of this Restriction. The exercise of any right reserved by Grantor under this paragraph B shall be in compliance with the then-current Zoning By-Law of the Town of North Andover, the Wetlands Protection Act (Massachusetts General Laws Chapter 131, Section 40) and all other applicable federal, state and local law. The inclusion of any reserved right in this paragraph B requiring a permit from a public agency does not imply that the Grantee or the Commonwealth takes any position as to whether such permit should be, issued. C. Notice and Approval. Whenever notice to or approval by Grantee is required under the provisions of paragraphs A or B, Grantor shall notify Grantee in writing, delivered to the Grantee at the address provided herein, by Certified Mail, return receipt requested, not less than sixty (60) days prior to the Grantor's commencement of the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect ,of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purposes of this Restriction. Where Grantee's approval is required,. Grantee shall grant or withhold its approval in writing within sixty (60) days of receipt of Grantor's written request therefor, provided that the Grantor's request complies in every respect with the requirements, of this paragraph. Grantee's approval shall not be unreasonably withheld, but shall be granted only upon a showing that the proposed activity will not materially impair the purposes of this Restriction. Failure of Grantee to respond in writing within such 60 days to a request which complies with the requirements of this paragraph, shall be deemed to constitute approval by Grantee of the request as submitted, so long as the request sets forth the provisions of this section relating to deemed approval after the passage of time. D. Extinguishment. I. Grantee's Receipt of Property Right. The Grantor(s) and the Grantee hereby acknowledge that the donation of this Conservation Restriction gives rise for purposes of this paragraph to a real property right, immediately vested in the Grantee, with a fair market value that is equal at least to the proportionate value that this Conservation Restriction, determined at the time of the gift pursuant to Section 1701(h) of the Internal Revenue Code, as such value may subsequently be adjusted by the IRS, bears to the value of the unrestricted Premises at that time. The parties shall include the ratio of those values with the Baseline Documentation of the Premises acknowledged by the parties and on file in the offices of the, Grantee. 2. Value of Grantee's Propero �iht. Such proportionate value of the Grantee's property right shall remain constant. 3. Right of Grantee to Recover Proportional Value at Disposition. If circumstances arise in the future that render the purpose of this Restriction 56776650 v1 impossible to accomplish, and that therefore necessitate the extinguishment of this Restriction pursuant to the provisions of Treas. Reg. Section 1.1 70A- 14(g)(6), then this Restriction can be terminated, released or extinguished, whether in whole or in part, only by proceedings consistent with MGL 184 and by judicial proceedings in a court of competent jurisdiction, after review and approval by the Secretary of Energy and Environmental Affairs. Unless otherwise required by applicable law at the time, upon the subsequent sale, exchange or involuntary conversion of the Premiises after such termination or extinguishment, after deducting the value of improvements made by Grantor after the effective date of this Restriction, Grantee shall receive the percentage interest to which it is entitled pursuant to this paragraph and paragraphs D.I and D.2, above, from the remaining proceeds of such sale, exchange or involuntary conversion, and after complying with the terms of any gift, grant or funding requirements. The owner in, whose name the Premises are titled at the time of such post- termination sale, exchange of involuntary conversion shall bear responsibility for the satisfaction of any claims or liens against the Property at such time Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority, then the Grantor and Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by Grantor and Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in shares equal to such proportionate value. If less than a fee interest is taken, the proceeds, shall be equitably allocated according to the nature of the interest taken. 4. Contin.u,ing Trust of Grantee's Share of Proceeds of Conservation Restriction Disposition. In all cases arising under this paragraph D, the Grantee shall use its share of the proceeds in a manner consistent with the conservation purposes of this grant. 5. In the event of.extinguishment or taking.by public authoriV, the provisions of this Paragraph D shall survive such, extinguishment or tak[ng. E. Access. The Grantor hereby grants to the Grantee and its representatives the right to enter the Premises (a) at reasonable times and in a reasonable manner for the purpose of regular monitoring and inspecting the same to determine, compliance herewith, including the right to access the Premises over roads and rights of way owned by the Grantor and any rights of way or other access ways now or hereafter available to Grantor for access to the Premises, and (b) after 30 days' prior written notice, to take any and all actions with respect to the Premises as may be necessary or appropriate, with or without order of court, to remedy, abate or otherwise enforce any violation hereof. F. Access by the public., The Grantor and its successors and assigns shall permit the general public to pass and re-,pass using established or to-be established trails by foot horseback, snowshoe, bicycle, and cross-country ski for purposes of quiet outdoor recreational 6 56776650 v] and educational activity, provided that: a) any such, activity shall be limited to daylight hours only; b) no motorized or mechanized vehicles of any kind shall be permitted, except, where appropriate, motorized or non-motorized wheelchairs for handicap accessibility shall be allowed; c) no dumping, waste disposal or littering of any kind shall be allowed; and d) no activity of a commercial nature shall be allowed. To the extent permitted by law, the Grantor and the Grantee hereby expressly disclaim any duty to maintain the Premises or warn persons who may enter upon the same. Pursuant to M.G.L. c. 21, s. 17c, neither the Grantor nor the Grantee is liable to, any member of the public for injuries to persons or property sustained by such person while on the Premises in the absence, of willful, wanton or reckless conduct. G. Grantee's Right to Post Identifying Signag,e. The Grantee shall have the right to post signs, no more than one foot by one foot in size, on the boundaries of the Premises, identifying the Grantee and its interest in the Premises, and informing the public of the nature and public benefit of the conservation of the Premises. H. Legal Remedies of Grantee. The rights hereby granted shall include the right to enforce this Restriction by appropriate legal proceedings and to, obtain injunctive and other equitable relief against any violations, including without limitation relief requiring restoration of the Premises to their condition prior to such violation (it being hereby acknowledged that Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in, limitation of, any other rights and remedies available to Grantee. All reasonable costs incurred by Grantee in enforcing the terms of this Conservation Restriction against Grantor, including without limitation costs and expenses of suit and reasonable attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Conservation Restriction, shall be borne by Grantor; provided, however, that if Grantor ultimately prevails in a judicial enforcement action, each party shall bear its own costs. By its acceptance of this Conservation Restriction, Grantee does not undertake any liability or obligation relating to the condition of the Premises not caused by Grantee or its agents, including with respect to compliance with hazardous materials or other environmental laws and regulations. Any election by the Grantee as to the nature and timing of its actions pursuant to its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. 1. Indemnification. Grantor is responsible to pay and discharge when due all property taxes and assessments lawfully imposed and to avoid the imposition of any liens that may impact Grantee's rights hereunder. Grantor acknowledges that Grantee has no possessory rights in the Premises, nor any responsibility or right to control, maintain, or keep up the Premises. Grantor is responsible for all costs and responsibility of ownership, control, operation, maintenance, and upkeep of the Premises. If Grantee is ever required by a court to pay damages resulting from personal injury or property damage that occurs on the Premises, other than as the direct result of actions by Grantee or its agents, the Grantor shall indemnify and reimburse the Grantee for these payments, as well as for reasonable attorneys' fees and other expenses of defending itself. 7 56776650 v1 J. Acts Beyond Grantor's Control. Nothing contained in this Restriction shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Premiises resulting from causes beyond the Grantor's control, including, but not limited to, fire, flood, storm and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. In the event of damage to the Premises from acts or events beyond the Grantor's control, if it is determined to be desirable that the Premises be restored, the parties will cooperate in attempting to restore the Premises if feasible. Nothing herein should be construed to preclude or limit Grantor's and/or Grantee's rights to recover damages from any third party for trespass or other violation of their respective rights in this Conservation Restriction and in the Premises. Each party hereby acknowledges the other's standing to pursue such damages, and each party is obligated hereby to cooperate with the other's action to recover such damages. K. Duration and Assignability. The burdens of this Restriction shall run with the Premises and shall be enforceable against Grantor in perpetuity. Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Restriction. The Grantor appoints the Grantee its attorney-in-fact to execute, acknowledge and deliver any such instruments on its behalf. Without limiting the foregoing, the Grantor agrees itself to execute any such instruments upon: request. The benefits of this Restriction shall inure to the Grantee, shall be in gross, and shall not be assignable by Grantee, except in the following instances from time to time: (i) as a condition of any assignment, Grantee requires that the purpose of this Restriction continue to be carried out; (H) the assignee, at the time of assignment, qualifies under Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and under Section 32 of Chapter 184 of the Massachusetts General Laws, as, an eligible donee to receive this Restriction directly; and (iii) Grantee complies with the provisions required by Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. L. Subsequent Transfers. The Grantor shall incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which he divests himself of any interest in all or a portion of the Premises, including a leasehold interest, and shall notify the Grantee within 20 days of such transfer and provide a true, complete and correct copy of any such transfer instrument. Failure to do so shall not impair the validity or enforceability of this Conservation Restriction, but shall constitute a default by Grantor hereunder. Any transfer shall comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. M. Termination of Rights and Obligations. Notwithstanding anything to the contrary contained herein, the rights and obligations under this Restriction of any party holding any interest in the Premises terminate upon transfer of that party's, interest, except that liability for acts or omissions occurring prior to transfer, liabilities arising under Paragraphs D and L (above), and liability for the transfer itself if the transfer is in violation of this Restriction, shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and imay be held responsible for any continuing 8 56776650 v] violations. N. Estoppel Certificates. Upon request by Grantor, Grantee shall within forty-five (45) days execute and deliver to Grantor any document, including an estoppel certificate, that certifies the status of Grantor's compliance with any obligation of Grantor contained in this Restriction, or that otherwise evidences the status of this Restriction, as may reasonably be requested by Grantor. 0. Amendment. If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986 as amended, or Sections 31-33 of Chapter 184 of the General Laws of Massachusetts. Any amendment shall occur only in exceptional circumstances. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be approved by the Secretary of Energy and Environmental Affairs or as required by applicable statutes in effect at the time of the proposed amendment and, if applicable, shall comply with the provisions of Article 97 of the Massachusetts Constitution. Any such amendment shall be recorded in the Essex County North District Registry of Deeds. P. Effective Date. This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative Approvals required by Section 32 of Chapter 184 of the General Laws have been obtained, and it has been recorded in the Essex County North District Registry of Deeds. Q. Recordation. The Grantee shall record this instrument in timely fashion in the Essex County North Registry of Deeds. R. Notices: Any notice, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail', postage pre-paid, addressed to the party to be notified at the address last known to the notifying party. S. Miscellaneous. (1), Controlling Law. The interpretation and performance of this Restriction shall be governed by the laws of the Commonwealth of Massachusetts. (2) Liberal Construction, Any general rule of construction to the contrary notwithstanding, this, Restriction shall be liberally construed in favor of the grant to effect the purpose of this, Restriction and' thie policy and purpose of Mass. Gen. Laws Chapter 184, Sections 3 1-33. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Restriction that would render the 9 .56776650 v1 provision valid shall be favored over any interpretation that would render it invalid. (3) Severabili . If any provision of this Restriction shall to any extent be held invalid, the remainder shall not be affected. (4) Entire Agreement. This instrument sets forth: each and every right and obligation of the parties with respect to the Restriction and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Restriction, all of which are merged herein. (5) -joint Obligation. The obligations imposed by this Restriction upon the parties that together comprise "Grantor" shall be joint and several. (6) Captions. The captions in this instrument have been inserted solely for convenience of reference. They are not a part of this instrument and shall have no effect upon construction or interpretation. (7) Pre-existing rights of the Public. Approval of this Restriction pursuant to M.G.L Chapter 184, Section 32 by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises. Any such pre-existing rights of the public, if any, are not affected by the granting of this Restriction. (8) No MeEge . The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor will not grant, and the Grantee will not take, title to any part of the premises without having first assigned this Conservation Restriction, in accordance with Paragraph J, above (if necessary to avoid merger), to ensure that merger does not occur. (9) Counterparts. This Restriction may be executed in counterparts which shall constitute a single instrument whether or not all signatures appear on a single copy hereof., (10) Baseline Documentation: In order to establish the present condition of the Premises and the conservation values thereon which are protected by this Conservation Restriction, so as to enable the Grantee to monitor future uses of the Property and to assure compliance with the terms hereof, Grantor and Grantee have prepared an inventory of the relevant features and conditions of the Premises (the "Baseline Documentation Report"), and acknowledge that the same is an accurate representation of the condition of the Premises as of the date of the execution of this Conservation Restriction. Verified originals of the Baseline Documentation Report will be deposited with the Grantor and in the 10 56776650 v1 permanent records of the Grantee. If the originals of said Baseline Documentation Report are subsequently destroyed by casualty or other circumstance, other evidence may be offered' by the parties to establish the condition of the property as of the date of this Restriction. (11) Subordination. Grantor represents, and Grantee relies on Grantor's representation, that as of the date of this grant there are no liens or mortgages outstanding against the Premises, except those (if any) listed in Exhibit A. Any such interests which would disqualify this conveyance for treatment as a qualified conservation contribution, in accordance with Section 170(h) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, are subordinated to this Conservation Restriction by subordination documents recorded herewith. Grantor has the right to use the Premises as collateral to secure the repayment of debt, provided that the right of the Grantee to enforce the terms, restrictions, and covenants created under this Conservation Restriction, and the Grantee's right to recover its proportional share of the value of the Premises pursuant to Paragraph D, hereof, shall not be extinguished by foreclosure of any mortgage or any publicly or privately placed lien recorded subsequently to the effective date hereof. The terms of this Conservation Restriction, and Grantee's right to enforce them, shall be, superior to any mortgage or lien so recorded. No documentary stamps are required, as this Restriction is a gift. II 56776650 v] Executed under seal this day of 20— EDGEWOOD RETIREMENT COMMUNITY, INC. By: Name: Title: By: Name: Title: COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of 2017 before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which was to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose Notary Public My commission expires: 56776650 v1 ACCEPTANCE OF GRANT The above Conservation Restriction is accepted this day of 20—. THE TRUSTEES OF RESERVATIONS By Its COMMONWEALTH OF MASSACHUSETTS ss• 2,0_ On this day of 200 , before me, the undersigned notary public, personally appeared proved to me through satisfactory evidence of identification, which was , to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose, and that they are authorized to do so on behalf of the Corporation.. Notary Public My commission expires: 2 56776650 v1 APPROVAL OF SELECTMEN We, the undersigned, being a majority of the Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a public meeting duly held on , 20—the Selectmen voted to approve the foregoingConservation, Restriction to The Trustees of Reservations pursuant to M.G.L. Chapter 184, Section, 32. Selectmen COMMONWEALTH OF MASSACHUSETTS ss. , 20— On this day of 200 , before me, the undersigned notary public, personally appeared and proved to me through satisfactory evidence of identification, which was , to be, the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My commission expires: 3 56776650 vI APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMM'ONWEALTH OF MASSACHUSE17S The undersigned', Secretary of the Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction to, The Trustees of Reservations has Ibeen approved in the public interest pursuant to M.G.L. Chapter 184, Section 32. Date: 20_ Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS ss. 20 On this day of 200_, before me, the undersigned notary public, Personally appeared - —, proved to me through satisfactory evidence of identification, which was , to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My commission expires: 4 56776650 v] Exhibit A—Conservation Restriction n 5 56776650 vi Edgewood CR Photos North Andover w� L p k a 9 { �L 1 M n m ' 74 m W r �� hIYWi4 Lake Cochichewick Frontage, Looking East Op � f r /9 ' "Pd I i a m View Looking East along CR Boundary Edgewood CR Photos—cont. a " ,a d, o- V �r m 2 v�d Internal view looking south along existing trail W Internal view looking east along existing trail y' j .^�t'�'`�Yt �'Y-Y'ri YYYY Ci x5e';r�s'€'S55aatY[ �i £T-]`Si"JS'E i�si'+St s1854.35`E '�:50'li'S5'[ cZ4t'X'[ 3#]tiXt s35,rs+^€ ea.,n -zszz +s.axT ry.vareu.n fnl.ez� z! j'ss.�.3 5x '�'[ LIMIT OF WATER PROTECTION / 5u.3zi-} ZONING OVERLAY DISTRICT. (PER TOWN GIS DATA) UMITOF'NHESP'PRIORFTYHABIFAT X' ' + JOT g— _ 325 NON DISCHARGE LINE \ CT WILDA LE ii. 47 __ (FROM HIGH WATER MARK) UMIT OF SURFACE WATER fr \ °� �,,.w K� ). (15,36 ACRES) 259'NDN DISTURBANCE LINE PROTECTION AREA ZONE A - ' ROM HIGH WATER MAR F (PER STATE GTs DATA) 1 a -.o+-a�®�:' —"`'�.. i`< � 5_ { K1 "s\ f LOT A 1 k IN Y4 1 a W r (5-ACRESI°f ESRSTIN6TiWL - {1 . MM M:6T IY }L2x59 f I $Y$TEMiE =} �bs��v'.a A i1, . a)r rwms LIMIT Of LOT.A ff 4K �O ri'si i� x l` i '� tiu' aft- '' - � C'fttCHEN'7CK r€ t� t , xt z tY .ter ►'rr.. LIMIT OF IXIM EASEMENT u N NEW TRA}LSTSTEM 1 v s ry} POTENTIALOYERfLOW - _ t \ t \ '1JZ. f ys PARKING(1TSPAC�S) a''a� � f � s "- '�_'= � S•< - EJiISTTMG TRAlL -'�, 40, UMITOFEIRSTTNG '~ k!EASEMENT '1_ ,�.. M;,:a. lwWETLANO('YP.} •®ih* �. ii .Y.ze VIM k owor Eli15TING7RAItHEAD PARKINGn i - ! \ v� � �, !. � F Y<.«ai PARKING(23SPAM) � 30'R-2 FRONT YARD SETBACK nr aaew a- ua5ar4zu a3cs'as-a w3,as' - •.. [ � T k oo'«(-:€an'xr•n-ic�u�,ws'Se-ro��rn°..•,e'n wzlacuv vzroe•xr Lu�s�ss-wi•+-[i•aere-w U+srursr-w 3i?98 54t.4[T 2m Y59 '_+_2;1� 63504 HI SC.FE3 3V R-2.SIDE YARD S SETBACK L: NJr[➢0."W00®R£f!t&fedY q, . NEWTRAiLSYSTEM - 3D'R2REARA s€a€ie - -� ae um a +ass a+cc,cz 2'3 -k EDGE WOOD LIFE CARE COMMUNITY- CONCEPTUAL PLAN 575 :?SGOOD STREET m' Town of North Andover 2,11r Office of the Planning, Department' �`� Community Development and Services Division 120 Main Street North Andover, Massachusetts 01845 NOTICE OF DECISION CONTINUING CARE RETIRE r ENT CENTE (CCRC)SPECIAL PERMIT MODIFICATION Any appeal shall he filed within (20)clays after the elate of filing this notice in the office of the Town Clerk. Date: November 1,2016 Date of hearings: September 20,2016, October 2, 2016, October 18, 2016 and November 1,2016 Date ofDecision: November 1,2016 Petition of: fond Pasture, 1-,,1,C; 575 [Osgood Street North Andover,MA 01.845 Premises Affected, Rear of 575 Osgood Street.(0 Osgood Street:) North Andover, MA 01845 Assessor's Map 36 Lot 2 Referring to the above petition for a Special Permit fr-on9 the requirements of the North Andover Zoning Bylaw, Sections 10.3, 10.31„ 113, 13 and MGL,C:.40A, Sec, 9 So as to allow of a new 38,760 SF Continuing Care Retirement Center (CCRQ with forty (40) units in the "Small llorne" style, There will be an access road and parking areas associated with the facility, I']re parcel is 20.29 acres in size, and the construction area (including buildings, roads, and parking) is approximately 1.57 acres(7,7%). "1'lris project is within the lI-1 Zoning District, After a public bearing given on the above date,, and upon a motion by Lynne R,udnicki and 2nd by Peter Boynton the Planning Board. APPROVE a Continuing Care Retirement Center (CCRC) Special Permit based upon the following conditions: Noi-th Andover°}Tanning hoard John :Simons, Chairman Lynne R.udnicki David Kellogg Lora Mc'Sherry Peter Boynton Continuing Care Retirement Center(CCRC)Special Permit Modification Rear of 575 Osgood Street(0 Osgood Street) November 1,2016 The Planning Board herein approves the Continuing Care Retirement Center Special Permit for the construction of a now 38,760 SF Continuing Care Retirement Center(CCRC) with forty(40) units in the "Small Home" style, There will be an access road and parking areas associated with the facility. The parcel is 20.29 acres in size, and the construction area (including buildings, roads, and parking) is approximately 1,57 acres (7.7%). This project is within the R-1 Zoning District. The CCRC Special Permit was requested by Pond Pasture, LLC, 575 Osgood Street, North Andover, MA 0�1845, This application was filed with the Planning Board oil August 18, 2016. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 10.3, 101.31, 11.3, and 13 of the Town of North Andover Zoning Bylaw and MGL o.40A, see, 9 The Planning Board makes the following findings regarding this Special Permit as required by the North Andover Zoning Bylaws Sections 10.3, 10.31, 11.3, and 13 (Special Permit, PDD, and CCRC) of the Zoning Bylaw: FINDINGS OF FACT: I On October 5, 1989 the Applicant was issued a Continuing Care Retirement center (CCRC) Special Permit, 2) On October 5, 1989 the Applicant was issued a Site Plan Review Special Permit for the construction of a 125,812 SF, three story,250 dwelling units,and 45 bed long term nursing facility of a Continuing Care Retirement Center, The Applicant is also seeking a modification to the original Site Plan Review Special Permit, 3) The project area is located in the Watershed Protection District and the Applicant is requesting a Watershed Protection District Special Permit. 4) The specific site is an appropriate location for the proposed use as it abuts the fully developed CCRC Edgewood site.The proposed use will expand the existing CCRC use in this neighborhood. In addition,the Town's Zoning Bylaw was amended at Town Meeting to allow for such a use in this zoning district, 5) Section 13 of the Zoning Bylaw establishes a maximum number of 300 residential units in a Continuing Care Retirement Center. The proposed project calls for the construction of 40 units to be located in one building. These 40 units when added to the 241 existing units total 281 units which is below tile maximum allowed. The number of units does not detract from the livability and aesthetic qualities of the environment and which will provide for a mixture and diversity of housing. 6) Per Section .1 3.5.e of the North Andover Bylaw the Applicant is required to have at least 50% of Common Open Space. The Applicant has proposed approximately 75.4% of the parcel (15.3 acres) to be reserved for Common Open Space and the Applicant will place a Conservation Restriction on said 15.3 acres, 7) The use as developed will not adversely affect the neighborhood as a sufficient natural buffering has been provided. The final landscape design, site design layout, and architectural elevations reflect extensive discussions between the Planning Board and Applicant to minimize the visual impact and preserve the natural vistas. 8) There will be no thliSanCO 01' serious hazard to vehicles or pedestrians. 'rhe proposed parking lot 2 Continuing Care Retirement Center(CCRC)Special Permit Modification Rear of 575 Osgood Street(0 Osgood Street) November 1,2016 provides for adequate internal and external traffic flow, safety, and sufficient pedestrian connections throughout the project and surrounding area. The project as proposed will have a negligible impact on external traffic volume and will not significantly degrade the level of service on Osgood Street or the roadway network. 9) The architectural style and design of the CCRC shall be of colonial design consistent with the style and design of the nearby cottages and Edgewood Farm buildings. 10) The stormwater management plan has been reviewed b the Town's outside stormwater peer y review consulting engineer, Eggleston Environmental, L Runoff from the impervious areas of the development will be directed through a closed drainage system to two subsurface infiltration galleys with overflow discharge toward the wetland and lake. The Applicant has altered the original drainage design to provide improvements to the existing stormwater drainage system. These include revised runoff rates and recharge requirements based on HSG B Soils and adjusting proposed infiltration areas due to seasonal high groundwater elevations. (See email correspondence from L. Eggleston, Eggleston Environmental,dated October 31,2016), 11) The project promotes an efficient use of land while protecting natural resources,such as water resources, wetlands,wildlife, and natural vistas on the property. A portion of the property is subject to a permanent Conservation Restriction of the type described in MGL Chapter 184, Section 31,(including future amendments thereto and corresponding provisions in future laws)., The Conservation Restriction will be placed on 15.3 acres of the property, 12) The Plan reflects extensive discussion with TEC, tile Town's civil peer review consultant. All concerns were satisfactorily addressed, (See memo dated October 25,2016). 13) The preject will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project and has been determined acceptable by the Department of Public Works.(See email correspondence dated October 25, 2016,). 14) The North Andover Fire Department Chief, William McCarthy, and Irrlieutenant Robert Bonenfant reviewed the Plans and determined that the final design addresses all of the concerns the Fire Department had over access to the Project for firefighting and rescue operations. (See memo dated October It, 2016 and email dated October 26,2016). 15) The wetland delineation shown on the plans has been confirmed under all Order of Resource Area Delineation under DEP File#242-1686. 16) Prior access and parking for Half Mile Hill was part of an approved Order of Conditions issued under DEP File#242-1398. Three designated parking spaces have been relocated. 17) The new trail connection(from Half Mile Hill property to Edgewood "Small Home"property) will require some work oil the Half Mile Hill property to connect the two trails. 18) Jennif'cr Hughes, Conservation Administrator, has reviewed the proposed project and has indicated that the North Andover Conservation Commission (NACC) should approve the revised parking area for Half Mile Hill and the necessary work for the trail connection (from Half Mile Hill property to Edgewood "Small Home" property), (See J. Hughes memo dated October 18, 3 Continuing Care Retirement Center(CCRC) Special Permit Modification, Rear of 575 Osgood Street(0 Osgood Street) November 1,2016 2016), 19) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and the use is in harmony with the general purpose and intent of this Zoning Bylaw. Finally the Planning Board finds that this project genet-ally complies with the requirements of the Town of North Andover Zoning Bylaw, but requires conditions in order to be fully in compliance. The Planning Board hereby votes to grant the Special Permit as described in the "Plans"and other supporting information described in the public record,provided the following conditions are met: PERMIT DEFINITIONS 20) The "Locus"' or "Site" refers to the 20,29 acre at the real, of 575 Osgood Street as shown oil Assessors Map 36, Parcel 2, and also known as 0 Osgood Street,N�orth Andover,Massachusetts. 21) The "'Plans" refer to the plans prepared by SMRT Architects and Engineers, One Dundee Park, Suite 4 Andover, MA 01810, entitled "Pond Pasture LLC & F.dgewood Retirement Community Small Home Project Pond Pasture Lane at the real,of 575 Osgood Street(0 Osgood Street)North .Andover, MA 01845", dated August 19, 2016, and revised on February 8, 2016, September 30, 2016 and October 25, 2016, 22) Thc "Project" refers to the construction of a new 38,760 SF Continuing Care Retirement Center (CCRC) with forty (40) units in the "Small Home" style, There will be all access road and parking areas associated with the facility. The Parcel is 20.29 acres in size, and the construction area (including buildings, roads, and parking) is approximately 1,57 acres (7.7%). 'This project is within the R-I Zoning District. 23) The"Applicant"refers to Pond Pasture,LLC, 575 Osgood Street, North Andover,MA 01845,the applicant for the Special Permit, its:successor-,and assigns, 24) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to tirne, which can include but is not limited to the applicant, developer,and owner. SPECIAL CONDITIONS 25) The Applicant shall, upon the later to occur of(a)thirty(30)days after the expiration date of the twenty(20)Day Appeal Period of this Decision, or(b)within thirty(30) days of the expiration date of the twenty(20)Day Appeal Period for the approved Variance from the Town of North Andover Zoning Board of Appeals to construct a new structure in the Non-Disturbance Zone and within the Non-Discharge Zone submit to the Planning Board for its approval an appropriate Form A Application for approval of an Approval Not Required Plan(ANR Plan)along with an ANR Plan which shall include one lot,thus combining lots specified oil Assessor's Map as 36, lots 2 and 3.No construction activities authorized by this Decision shall be commenced until the Applicant has recorded an approved ANR plan for said lots. The Applicant shall consolidate the two parcels(Map 36 Lot 2 and Lot 3) in order to achieve the required Zoning Bylaw Section 13.5 Standards and Restrictions for a Continuing Care Retirement Center(CCRC). 26) No construction activities authorized by this Decision shall be commenced until the Applicant has received a Variance from the Town of North Andover Zoning Board of Appeals and the 20 Day 4 Continuing Care Retirement Center(CCRC)Special Pen-nit Modification Rear of'575 Osgood Street(0 Osgood Street) November 1,2016 Appeal Period has ended,as required by the Town of North Andover's Zoning Bylaw Section 4.136,c.ii.3 and 4,136.ciii.3,to construct a new structure in the Non-Disturbance Zone and within the Non-Discharge Zone. A recorded copy of the approved Decision shall be provided to the Planning Department. 27) Drafts of the"Easement Partial Termination.and Relocation Agreement" document and Conservation Restriction document required as part of this decision must be submitted to the Planning Department and Town,Counsel for review and approval. This easement will contain language for the right to pass and re-pass over the existing trails on Lot 3 that are subject to the Conservation Restriction on Lot 3, Additionally,an irrevocable license agreement will be made between the Town and the Applicant that shall provide that the Applicant shall make five(5) public parking spaces on the Applicant's property available for public access to Half Mile Hill, The license agreement shall provide that if the Applicant moves to revoke the license the Applicant shall comply with the requirements of the Order of Conditions issued under DEP 4 242-1398 Section 86&87 and provide the parking spaces within the easement. 28) Throughout all lands,tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the Site. 29) The Applicant shall record a Conservation Restriction, as defined in and authorised by Sections 31-33 of Chapter 184 of MGL and otherwise by law,on the property, approximately 153 acres as shown on a Conceptual Plan of Land by SMRT dated December 2015,and identified as "Lot B, Not Buildable, 15.3 acres"on said plan, located in the Town of North Andover, Massachusetts, with the Registry of Deeds for the benefit of the Town for the purpose of assuring that the Common Open Space will be retained in perpetuity predominantly it) its natural, scenic, and open condition and to prevent any use of the open space that will impair or interfere with the conservation values of the land, 30) All special permits granted under section 4.136, 83, 10.3, 10,31, 11.3,and 13 (Special Permit, PDD,CCRC)for this Site and 575 Osgood Street,Map 36 Lot 3 shall also be considered as part of this Decision, PRIOR TO ISSUANCE OF A BUILDING PERMIT 3 1) Three(3) copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department, 32) In consultation with the Town Planner, the Applicant shall designate an independent construction monitor. The monitor shall read,sign,and return to the Town Planner the Letter of Agreement for Independent Monitors, The monitor shall make weekly inspections of the project, provide monthly reports to the Planning Department, and detail any areas of non-compliance and corrective actions, The monitor will also provide reports following heavy rain events. The monitor must also be available upon notice to inspect the Site accompanying a Planning Department designated official, 33) A detailed construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the Site. 34) The "Easement Partial Termination and Relocations Agreement" and the license agreement allowing for the public parking on the Applicant's property in connection with the public's use of Continuing Care Retirement Center(CCRQ Special Permit Modification Rear of 575 Osgood Street(0 Osgood Street) November 1,2016 Half Mile Hill must be accepted by the Board of Selectmen and, if applicable, recorded with the Registry of Deeds. The Applicant shall provide the Planning Department with two copies of the recorded documents. 35)All stormwater management best practices shall be maintained as specified in the Storrilwater Operations and Maintenance Plan that was submitted with the application, 36) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. 37) A pre-construction meeting must be field with the developer, their construction employees, Planning Department and other applicable departments,to discuss,scheduling of inspections to be conducted on the project and the construction schedule. DURING CONSTRUCTION 38) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process, 39) Any stockpiling of materials(dirt, wood,construction material, etc.)must be shown on a plan and reviewed and approved by the Planning Staff. Any approved piles must remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent propel-ties, 40) It shall be the responsibility of the developer to assure that no erosion frorn the construction Site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and three days to cure said condition, PRIOR TO A CERTIFICATE OF OCCUPANCY 41) The Applicant must submit a letter from the architect and engineer of the project stating that the building,landscaping,fighting and Site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board and that the stormwater management structures are functioning as designed. Alternatively,the Applicant and/or property owner may provide a bond,determined by the Planning Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the building, The Applicant must also submit a letter from a professional engineer certifying that there are no illicit connections to the storm drainage system. 42) All stormwater structures shall be cleaned, in accordance with the approved Stormwater Operation&Maintenance Plan, 43) All sigriage shall conform to the signage regulations contained within the North Andover Zoning Bylaw, Section 6, PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS 44) 'rhe Planning Staff shall review the Site. Any screening and landscaping as may be reasonably required by the Planning Staff will be added at the:Project Owner's expense. 6 Continuing Care Retirement Center(CCRC)Special Permit Modification Rear of 575 Osgood Street(0 Osgood Street) November 1,20 16 45) A copy of the recorded Conservation Restriction shall be submitted to the Planning Department. 46) A final as-built plan showing final topography, the location of all on-site utilities:, structures, curb cuts, parking spaces, roadway/access way construction, drainage structures, and facilities must be submitted to the Planning Department. The Applicant must submit a letter frorn the architect and engineer of the project stating said items substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board, 47) The parking spaces for access to the trail system and signage indicating which parking spaces are to be utilized for the general public must be constructed as shown on the plans referenced at the end of this section. GENERAL CONDITIONS 48) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation, 49) ,Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies, 50) The hours for construction shall be limited to between 7:00 a.m. and 5:00, pxn, Monday through Friday and between 8:00 a.m, and 5:00 p.m. on Saturday, 5 1) No open burning shall be done except as is permitted during burning season tinder the Fire Department regulations.. 52) The owner shall apply to the Board of Health for the appropriate dutupster permit, 53) The provisions of this conditional approval shall apply to and be binding upon the Applicant, its employees and all successors and assigns in interest or control. 54) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board, 55) Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval, 56) Pursuant to the North Andover Zoning Bylaw Section 10.3 13 this Special Permit approval shall be deemed to have lapsed after November 1, 2018 (two years from the date permit granted) exclusive of any time required to pursue or await determination of any appeals of this decision, unless substantial use or construction has commenced within that three year period or unless the Planning Board grants to the Applicant an extension of the original two-year time period. Substantial use or construction will be determined by a majority vote of the Planning Board, 5 7) The following information shall be deemed part of the decision: Plan titled, "Pond Pasture LLC&Edgewood Retirement Community Small Home Project Pond Pasture Lane at the rear of 575 Osgood Street(00sgood Street)Noilh Andover,MA 01845" Prepared for: Pond Pasture,LLC 7 Continuing Care Retirement Center(CCRC)Special Permit Modification Rear of 575 Osgood Street(0 Osgood Street) November 1,2016 575 Osgood Street. North Andover,MA 01845 Prepared by: SMRT Architects and Engineers One Dundee Park,Suite 4 Andover,MA 0 1810 Scale: 1 160' Date: Dated August 19, 2016, revised on February 8, 2016, September 30, 2016 and October 2,5, 201.6, Storrawater Mituagement Report Prepared for: Edgewood Retirement Coramunity Small Home Project Dated: August 17,2016, revised September 30,2016, October 17, 2016 and October 25,2016. cc: Applicant Abutters Job Posting/Vacancy Log September 5, 2018 Date Position Department Hiring Manager Status Posted 9/4/18 Administrative Secretary DPW/DWTP J. Stanford/G. Alt Posted on Town website and social media. 8/24/18 Full-Time NAPD/Dispatch Jonathan Interviewed 3 candidates, identified Communications Officer Bonanno preferred candidate to process. 8/9/18 Part-Time Receptionist Elder Services Irene O'Brien Offer pending reference check. Candidates interviewed the week of 8/27/18. Considering resumes. 7/24/18 Two Part-Time NAPD/Dispatch Jonathan Hired Adam Stagno who will transfer Communications Bonanno from a full-time communications Officers officer position, date T.B. D. Reviewing resumes received,most applicants do not have any prior experience. Posted on Town website and social media,Posted on CJIS. 7/24/18 Part-Time and Reserve NAPD Katie Posted on Town website and social Crossing Guards Kozikowski media,posted on NAPD website. 7/13/18 Assistant Town Manager Town Manager Andrew Maylor Five candidates to be interviewed by the Town Manager the weeks of 9/3 and 9/10. Ten interviews scheduled for the week of 8/27/18 with interdepartmental team. Posted on Town website and social media, and on MMA. Requested resumes by August 13, 2018. 7/11/18 Technical Services & Stevens Kathleen Keenan Hired Kerry Ann Remillard and Reference Librarians Memorial Katherine Sperounis effective 9/4/18. (Two) Library Checking references for 2 candidates. Posted on Town website and social media. Posted on Merrimack Valley Library Consortium, and NH Library Association. 7/9/18 Community Support Town Manager Andrew Maylor Hire pending reference checks. Coordinator Feedback meeting with the Town Manager on 8/23/18. Interviews conducted on 8/14 and 8/15. Posted on Town website and social media. Posted on MMA. 7/6/18 Support Services Youth& Rick Gorman Hired Breanna Carney effective Coordinator Recreation 9/24/18. First round of interviews of Services 6 candidates completed the week of 8/6. Second interviews conducted the week of 8/13. Decision pending return from vacation of staff member. 7/6/418Posted on Town website and social media. Posted on free Indeed.com. Receiving a high volume of resumes. Job PostingNacancy Log September 5, 2018 6/13/18 Alternate Gas/Plumbing Building Paul Hutchins Posted on Town website and social Inspector media 6/13/18 Alternate Electrical Building Paul Hutchins Posted on Town website and social Inspector media. 5/23/18 Specialty Motor Public Works Tim Willett Receiving resumes, focus on summer Equipment Operator projects plan to make hire by mid- October. Posted on Town website and social media. 5/21/18 Part-Time Plumbing/Gas Building Paul Hutchins Scheduling 3 other candidates for Inspector week of 9/10. Candidate interested but unsure of move. Second interview scheduled for 8/28. Ongoing consideration of incoming resumes. Interviews conducted week of 6/11/18. Posted on Town website and social media, Indeed.com. 4/9/18 Reserve Firefighter North Andover Chief William Selected Dann Nicolosi Jr. from Fire Dept. McCarthy existing Civil Service list. Mr. DePippo withdrew. John DePippo placed on Reserve list. Pending Civil Service a proval.