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HomeMy WebLinkAbout2015-04-27 Board of Selectmen Minutes w/documents BOARD OF SELECTMEN MINUTES April 27, 2015 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Tracy Watson, Donald Stewart, Phil DeCologero, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 50 members of the public were in attendance. PLEDGE OF ALLEGIANCE: Chairman Vaillancourt introduced Eagle Scout Derek Naehle, and members of Troops 86 and 87- Drew Phaneuf, Aaron Connolly, Riley Horne, Colin Horne and Michael Tringale-who led the group in the Pledge of Allegiance. Drew Phaneuf asked the Board if the Town could move the soldier statue in front of the old police station to Patriot's Park. Chairman Vaillancourt indicated the Board will look into the matter and discuss in greater detail at another meeting. APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to approve the Open Session Minutes of April 14, 2015 Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Proclamation-Armenian Remembrance Day Rosemary Smedile read the Proclamation of the Board proclaiming April 28, 2015 Armenian Remembrance Day. The Proclamation was presented to Dro Kanayan and Father Stephan Baljian of St. Gregory's Armenian Church. Certificate of Achievement for Excellence in Financial Reporting for FY14 The Certificate of Achievement for Excellence in Financial Reporting for FY14 has been awarded to the Town of North Andover by the Government Finance Officers Association (GFOA)for its comprehensive annual financial report. The Town Manager recognized Lyne Savage, Finance Director, for her excellent work on a daily basis. This is the third year the Town has received this award. Recognition of Derek Naehle for Eagle Scout Project Rick Gorman, Director of Youth & Recreation Services, introduced Derek Naehle. The Board presented Mr. Naehle of Troop 79 with a Certificate of Recognition for his Eagle Scout Project which was designing and constructing 2 lifeguard chairs for Stevens Pond. Selectmen meeting schedule for June-December 2015 The proposed meeting schedule for June-December 2015 was discussed by the Board. The Board agreed to the dates presented and indicated they will adjust the dates if the need arises. Richard Vaillancourt announced the Pristash Award Ceremony is Thursday night at North Andover Country Club from 6-9 pm and tickets can be purchased at Rose & Dove. The Town Manager announced that the Town Meeting Warrant has been printed and available in the Town Clerk's office. Town meeting is Tuesday, May 19th at 7:00 pm at North Andover High School. CONSENT ITEMS: Accept donation from Derek Naehle of 2 lifeguard chairs for Stevens Pond The Board was asked to accept the donation of 2 lifeguard chairs for Stevens Pond from Derek Naehle. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen accept the donation from Derek Naehle of two lifeguard chairs to be used at Stevens Pond. Vote approved 5-0. Event Requests Board of Selectmen Minutes April 27, 2015 2 Museum of Printing-close Massachusetts Avenue in front of museum on June 21 from 10am to 4pm for 12th Annual Printing Arts Fair The Board was asked to approve a request from the Museum of Printing to close Massachusetts Avenue in front of the Museum on June 21, 2015 from 10am to 4pm for the annual Printing Arts Fair. All relevant town departments recommended approval. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the request of the Museum of Printing to close Massachusetts Avenue from Academy Road to Osgood Street on June 21, 2015 from 10am to 4pm for the annual Printing Arts Fair. Vote approved 5-0. Neurofibromatosis Northeast- use streets in North Andover for 5th Annual Coast to the Cure bike ride on September 12, 2015 The Board was asked to approve a request from Neurofibromatosis Northeast to use streets in North Andover for the 5th Annual Coast to the Cure Bike Ride on Saturday, September 12, 2015. The three routes (24, 66 or 100 miles)will all start and finish at Stage Fort Park in Gloucester. The streets in North Andover that are on the route are: Salem, Ingalls, Forest, Boxford, Foster, Winter and Dale. Diana Flahive was present to answer questions. All relevant Town Departments recommended approval. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the request of Neurofibromatosis Northeast, to use streets in North Andover for the 5th Annual Coast to the Cure Bike Ride on September 12, 2015. Vote approved 5-0. Stevens Pond Update and 2015 fees Rick Gorman, Director of Youth & Recreation Services, gave the Board an update regarding Stevens Pond and presented the Board with his recommended fees for 2015. Mr. Gorman indicated fees have not increased in several years and recommended an increase in all fees except swimming lessons and daily adult passes. Mr. Gorman indicated that revenue is down because of the algae situation two years ago which forced the pond to close; however, he is optimistic that revenues will increase this year. In response to a question from the Board, Mr. Gorman indicated that there would be no cut in services should the Board decide to keep the fees the same as last year. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to keep the fees at Stevens Pond for 2015 at the current 2014 rate. Vote approved 5-0. Rick Gorman announced the children's shows and concerts will be on the Common again this summer. Request by Community Development to waive permit fee for Machine Shop Village signs Included in the agenda packet was a memo from Jean Enright, Assistant Director of Community Development, requesting a waiver of all permit fees for signs for Machine Shop Village. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen waive all sign permit fees for`Machine Shop Village'signs. Vote approved 5-0. The Town Manager acknowledged Eric Kfoury, Director of Community and Economic Development and Jean Enright, Assistant Director, for their efforts during the transition of the Community and Economic Development Department. Affordable Unit Resales 200 Chickering Road, Unit 203B (Kittredge Crossing) The Citizens' Housing and Planning Association (CHAPA) has notified the Town that the affordable housing unit at 200 Chickering Road, Unit 203B (Kittredge Crossing) is up for sale. It is recommended the Board not exercise its right of first refusal. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 200 Chickering Road, Unit 203B (Kittredge Crossing). Vote approved 5-0. 7 Ciderpress Way(Meeting House Commons) The Citizens' Housing and Planning Association (CHAPA) has notified the Town that the affordable housing unit at 7 Ciderpress Way(Meeting House Commons) is up for sale. It is recommended the Board not exercise its right of first refusal. Board of Selectmen Minutes April 27, 2015 3 Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 7 Ciderpress Way, (Meetinghouse Commons). Vote approved 5-0. Town Meeting Warrant Recommendations (Zoning Articles) The Board was asked to vote their recommendation on Articles 9-12. Jean Enright reviewed the Zoning Articles for the Board. Article 9 is to create a sub-district in the Downtown Overlay District to allow for separate design criteria for the mill buildings. Lynne Rudnicki of the Planning Board indicated the Planning Board has recommended favorable action. Article 10 is the map change that is associated with Article 9. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen recommend favorable action on Articles 9 and 10. Vote approved 5-0. Article 11 is to correct an error that was discovered in the 2013 map of the Overlay District. Some parcels from the 2009 map were inadvertently left off the 2013 map. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen recommend favorable action on Article 11. Vote approved 5-0. Article 12 is to correct the map for Machine Shop Village District to add parcels back in from the 2009 map that were inadvertently left off in the 2013 map. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen recommend favorable action on Article 12. Vote approved 5-0. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Mukta Shah of Merrimack College requests: One Day Wine and Malt license for a Science and Engineering Department Award Celebration on Thursday, April 30, 2015 at Cascia Hall from 4:30 p.m. to 7:30 p.m. One Day Wine and Malt license for a Community Barbegue on Thursday, May 14, 2015 at O'Brien Plaza from 5:00 p.m. to 7:00 p.m. One Day All Alcohol license for College Leadership Council Reception on Thursday, May 7, 2015 in the MAC Building from 4:00 p.m. to 8:00 p.m. Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the three One-Day License requests for Merrimack College for events on April 30th, May 14th and May 7th, as presented. Vote approved 5-0. Smolak Farms Nathan Aldrich requests a One Day Wine and Malt License for a wedding reception on Sunday, May 10, 2015 from 4:00 p.m. to 9:00 p.m. Deborah Ingalls of Atlas Devices requests a One Day Wine and Malt license for a 10th Anniversary Celebration on Friday, May 15, 2015 from 3:00 p.m. to 8:00 p.m. Chairman Watson noted that the agenda incorrectly listed these 2 requests as One Day Wine and Malt licenses but both requests are for One Day All Alcohol licenses. Chairman Watson asked for an update from Michael Smolak regarding the outstanding conditions that were placed on their license. Mr. Smolak provided the Board with a letter outlining what he has done to address the conditions. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve a One Day All Alcohol license for Nathan Aldrich for a wedding reception at Smolak Farms on Sunday, May 10, 2015 from 4:00 p.m. to 9:00 p.m. and a One Day All Alcohol license for Deborah Ingalls of Atlas Devices for a 10th Anniversary Celebration at Smolak Farms on Friday, May 15, 2015 from 3:00 p.m. to 8:00 p.m. Vote approved 5-0. Eli Bailin of Green Strides requests a One Day Wine and Malt license for a road race at 1595 Osgood Street on Sunday, May 3, 2015 from 10:00 a.m. to 2:00 p.m. Eli Bailin was present to answer any questions of the Board. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve a One-Day Wine & Malt License for Eli Board of Selectmen Minutes April 27, 2015 4 Bailin of Green Strides for a road race at 1595 Osgood Street on Sunday, May 3, 2015 from 10:00 a.m, to 2:00 p.m. Vote approved 5-0. Applications for a Common Victualler License, All Alcohol Restaurant License and Entertainment License for Lots of Eats, Inc., 1211 Osgood Street, Unit 4 Applicant Kanitta Newton and her attorney, Dan Hayes, were present. Ms. Newton indicated she has had an All Alcohol beverage license in Maine for the last 5 years with no issues. Rosemary Smedile informed the owner that the Board takes their liquor licenses very seriously and warned the applicant that if she accepts out of state licenses, it is at her own peril. Ms. Smedile also let the applicant know she can purchase a scanner that helps detect fraudulent licenses. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve a Common Victualler license, an All Alcohol Restaurant License and an Entertainment License for Lots of Eats, Inc. Vote approved 5-0. Donald Stewart made a MOTION, seconded by Rosemary Smedile, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. PUBLIC HEARING: Continued hearing for National Grid and Verizon New England Joint Pole Petition-Great Pond Road The petition is for the Rea's Pond Pump Station. At the Board's last meeting, the hearing for this petition was continued due to National Grid's inability to address the Board's concerns. David Boucher from National Grid was present to answer questions. Mr. Boucher updated the Board on the pole at 60 Middlesex Street stating it was on a list to be changed and could take up to year. Assistant Town Manager, Ray Santilli, indicated he has been in touch with Joseph Moraco of National Grid and a work order has been sent to scheduling. Mr. Santilli will follow up with Mr. Moraco. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen close the Public Hearing on the joint Pole Petition of National Grid and Verizon New England for Great Pond. Vote approved 5-0. Rosemary Smedile made a MOTION to delay vote on petition. Motion was then withdrawn. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen approve the National Grid and Verizon New England Joint Pole Petition#16210170-Great Pond Road as presented. Vote approved 5-0. Approve and sign Grant of Easement to Massachusetts Electric Company- Great Pond Road The Board was asked to approve and sign the Grant of Easement which is necessary for National Grid to begin work on the Rea's Pond Pump Station project at Great Pond Road. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve and sign the Grant of Easement to Massachusetts Electric for 1653 Great Pond Road, as presented. Vote approved 5-0. OLD BUSINESS: Biosolids project at GLSD-Scope of Environmental Impact Study Town Manager, Andrew Maylor explained that Environmental Partners Group, Inc., has been hired to conduct an evaluation of the community and environmental impacts associated with the additional anaerobic digester at the GLSD. Included in the agenda packet was a copy of the contract outlining the Scope of Services, fees and project schedule. A representative from Environmental Partners Group was present to answer any questions. Mr. Maylor indicated that if the project does move forward at the GLSD, that it is his hope that the GLSD will reimburse the town for the cost of the study. Chairman Vaillancourt reminded the Board they will be touring the GLSD facility on Friday, May 1 st at 10:00 am. NEW BUSINESS: None PUBLIC COMMENT: None Board of Selectmen Minutes April 27, 2015 5 TOWN MANAGER'S REPORT: Ask the Manager There were no questions submitted. The Town Manager informed the Board that Chris McClure, the IT Director, is taking a number of steps to improve the town's web presence. He has secured a new domain name which is northandoverma.gov, which has not been implemented yet but will be in future. Mr. Maylor also announced the goal to increase the number of Twitter followers to 2016 by 2016. Mr. Maylor announced that preliminary work is being done at Bradstreet for demolition of the building. The demolition permit has not been issued yet. Mr. Maylor said there seems to be some speculation that there was an error in the placement of the playground structure at McEvoy Field. There was no error and the structure will not be moved. The fields were designed for younger kids so there shouldn't be any issues with balls hitting the playground. The field is scheduled to open in September. In response to a question from the Board, the Town Manager indicated that trees at Stevens Estate have been cut as part of the clearing program to promote growth. Update on Facilities Master Plan projects Assistant Town Manager, Ray Santilli, updated the Board on the current projects. The School Department Administration Building will be completed by the end of May. The new Fire Station is scheduled for completion in October. For the renovation of the old Fire Station/Town Hall, there is a public meeting scheduled for May 14th at 6:00 p.m. for input on the fagade. ADJOURNMENT: Donald Stewart made a MOTION, seconded by Rosemary Smedile, to adjourn the meeting at 8:27 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Rosemary Smedile, Clerk of the Board Documents used at meeting: Minutes of April 14, 2015 Proclamation Certificate of Recognition Letter from GFOA Meeting schedule June-December 2015 Memo from Rick Gorman re: donation Request from Museum of Printing Request from Neurofibromatosis Northeast Youth & Recreation Services update & recommended fees Memo from Jean Enright Memo from Eric Kfoury-200 Chickering Road Memo from Eric Kfoury-7 Ciderpress Way Warrant articles 9-12 Merrimack College One Day license requests Smolak Farms One Day license requests Green Strides One Day license request License applications-Lots of Eats, Inc. Pole Petition-Great Pond Road Grant of Easement Environmental Partners Group, Inc. contract Letter from H. Michael Smolak, Jr. TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN ST f L,ET NORTH ANDOVER, MASSACHUSETTS 01845 Richard.M.Vaillancourt,Chairman i1/ � i •• TEL. (978)688-9510 i Phil DeCologero FAX(978)688-9556 Rosemary Connelly Srnedile Donald B. Stewart: Tracy M.Watson BOARD OF SELECTMEN&LICENSING COMMISSIONERS AGENDA MONDAY,APRIL 27,2015 at 7:00 PM TOWN HALL MEETING ROOM I. CALL TO ORDER IL PLEDGE OF ALLEGIANCE-Derek Naehle LII. APPROVAL OF MINUTES A. April 14,2015 Open Session Minutes, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Proclamation-Armenian Remembrance Day B. Certificate of Achievement for Excellence in Financial Reporting for FY14 C. Recognition of Derek Naehle for Eagle Scout Project D. Selectmen meeting schedule for June-December 2015 V. CONSENT ITEMS A. Accept donation from Derek Naehle of 2 lifeguard chairs for Stevens Pond B. Event Requests 1. Museum of Printing-close Massachusetts Avenue in front of museum on June 21 from loam to 4pm for 12"'annual Printing Arts Fair 2. Neurofibromatosis Northeast-use streets in North Andover for 5"'Annual Coast to the Cure bike ride on September 12,2015 C. Stevens Pond Update and 2015 fees D. Request by Community Development to waive permit fee for Machine Shop Village signs E. Affordable Unit Resales 1. 200 Chickering Road,Unit 203B (Kittredge Crossing) 2. 7 Ciderpress Way(Meetinghouse Commons) F. Town Meeting Warrant Recommendations(Zoning Articles) VI. LICENSING COMMISSIONERS A. Mukta Shah of Merrimack College requests 1. One Day Wine and Malt license for a Science and Engineering Department Award Celebration on Thursday,April 30,2015 at Cascia Hall from 4:30 p.m.to 7:30 p.m. 2. One Day Wine and Malt license for a Conununity Barbeque on Thursday,May 14,2015 at O'Brien Plaza from 5:00 p.m.to 7:00 p.m. 3. One Day All Alcohol license for College Leadership Council Reception on Thursday,May 7, 2015 in the MAC Building from 4:00 p.m.to 8:00 p.m. B. Smolak Farms 1. Nathan Aldrich requests a One Day Wine and Malt License for a wedding reception on Sunday, May 10,2015 from 4:00 p.m.to 9:00 p.m. 2. Deborah Ingalls of Atlas Devices requests a One Day Wine and Malt license for a 10`' Anniversary Celebration on Friday,May 15,2015 from 3:00 p.m.to 8:00 p.m. C. Eli Bailin of Green Strides requests a One Day Wine and Malt license for a road race at 1595 Osgood Street on Sunday,May 3,2015 from 10:00 a.m.to 2:00 p.m. D. Applications for a Common Victualler License,All Alcohol Restaurant License and Entertainment License for Lots of Eats,Inc., 1211 Osgood Street,Unit 4. VII. PUBLIC HEARING A. Continued hearing for National Grid and Verizon New England Joint Pole Petition-Great Pond Road B. Vote on Joint Pole Petition-Great Pond Road C. Approve and sign Grant of Easement to Massachusetts Electric Company-Great Pond Road VIII. OLD BUSINESS A. Biosolids project at GLSD-Scope of Environmental Impact Study IX. NEW BUSINESS X. PUBLIC COMMENT XI. TOWN MANAGER'S REPORT A. "Ask the Manager" B. Update on Facilities Master Plan projects X1I. NEXT MEETING DATE Monday,May 11,2015 XIII. ADJOURNMENT Approval of Minutes BOARD OF SELECTMEN MINUTES April 14, 2015 CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:30 PM at Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Licensing Chairman, Tracy Watson, Rosemary Smedile, Donald Stewart, Phil DeCologero, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 52 members of the public were in attendance. PLEDGE OF ALLEGIANCE Chairman Vaillancourt introduced Sergeant Andrew Taylor, USMC who led the group in the Pledge of Allegiance. Sergeant Taylor was presented with a Certificate of Recognition for his service to our country. BOARD ORGANIZATION Appoint Clerk of Board Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoint Rosemary Smedile as the Clerk of the Board of Selectmen. Vote approved 5-0. i Appoint member to Appointment Subcommittee Chairman Vaillancourt explained that the Board needed to appoint a member to serve on the Appointment Subcommittee which interviews candidate's for.Board of Selectmen appointments. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen appoint Phil DeCo/ogero to serve on the Board of Selectmen Appointment Subcommittee. Vote approved 5-0. i APPROVAL OF MINUTES: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to;approve the Open Session Minutes of March 23, 2015, as written. Vote approved 3-0,Tracy Watson and Phil DeCo/ogero abstained. COMMUNICATIONS AND ANNOUNCEMENTS: Introduction of New Staff Members Cathy Darby, Human Resources Director, introduced to the Board the new IT Director, Christopher McClure and the new Assistant Director for the Library,Nathalie Harty. i John Simons-Community Preservation Committee-FY16 Recommendations John Simons, Chair of the Community Preservation Committee presented the committee's FY16 recommendations for funding. The Board was given a list of the recommended projects and Mr. Simons gave a short summary of each. Before moving to the next agenda item, Chairman Vaillancourt announced One Boston Day. He explained that tomorrow marks the second anniversary of the marathon bombing attack and Boston Mayor Marty Walsh is asking municipalities around the Commonwealth to observe One Boston Day which is intended to focus not on one city but on the entire region as a day to honor and remember all those affected by the tragic events. The Board is inviting residents to join them in observing One Boston Day by performing random acts of kindness or participating in activities that encourage individuals and groups to give back to their community through service or volunteerism. In remembrance of the victims, all North Andover municipal and school buildings will be observing a moment of silence at 2:49 p.m. Citizen Petitions Article 30 Change Voting Age to Sixteen for Town Elections-Celia DiSalvo Adam Magaletta and Joy Duboff Celia DiSalvo, Joy Duboff and Adam Magaletta each spoke regarding the warrant article they submitted to lower the voting age to sixteen for Town Elections, explaining that many 16 and 17 year olds want to Board of Selectmen Minutes April 14, 2015 2 be part of the process and asked the Board to recommend favorable action on the article. The chair opened the meeting up for public comment regarding Article 30. Christina Damian of 30 Oxbow Circle, spoke in favor of the article and stated that age should not be a barrier. Ted Tripp of 262 Boston Street, stated that he opposed the article and that 16 and 17 year olds probably have little idea of what the Town needs are and listed a number of other laws that have an age cutoff. Article 31-Change in Liquor Quota All Alcoholic Beverages for The Cork Stop Inc. 1593 Osgood Street- Sophia Stamos Frank Stamos and Valerie Gidras-Papantonakis from The Cork Stop, Inc., explained they have been operating with a Beer&Wine license for approximately 7 months and would like to expand to a full liquor license. In response to a request from the Board, The Town Manager explained that that statute dictates the number of liquor licenses based upon population so the only way businesses can exceed the limit is through a town meeting vote and approval of the legislature. Town Hall Expansion/Renovation Project The Town Manager explained the next project in the Facilities Master Plan is the renovation of the current fire station into expanded municipal spaces to bring Community Development offices back to Town Hall. A working committee of employees and others provided feedback to determine the interior layout of the building. Jeff Shaw and Chris Logan of Donham & Sweeney Architects and Dan Pallotta of P3, the project manager, presented three options for the fagade and front courtyard improvements to town hall as part of the expansion project. Chris Logan explained that the elevation at the Fire station is different than that at town hall so they needed to take that into consideration when designing. The Board was concerned about the maintenance required to have annuals in the courtyard, so requested that trees or bushes be planted instead. The Town Manager explained the next steps are to take feedback from the Board, make some changes, have a public meeting to solicit feedback from the community, and then have the architects present a revised plan at a future meeting. Eric Kfoury-Storefront Improvement Program and possible Farmer's Market Eric Kfoury, Director of Community and Economic Development, explained to the Board that his office is researching the possibility of having a Farmer's Market once a week at a downtown location. Mr. Kfoury explained that survey that was given last month regarding the downtown area indicated the one thing an overwhelming number of respondents requested was a'Farmer's Market. Mr. Kfoury also briefed the Board on the idea of a storefront improvement program for businesses on Main Street. The purpose would be to address variations of esthetics and have a more consistent theme. The Town Manager explained that the program would loan money to businesses to improve their storefronts and one possible source of funds would be the proceeds from the sale of the Bradstreet School property. Spring 2015 Clean Up Events The Board was provided with a memorandum from Department of Public Works Director, Bruce Thibodeau, explaining the various spring clean-up events that are happening in town. The Town Manager announced the commuter bus service to Boston has begun and the town is exploring ways to modify the service to make it more appealing to a wider range of commuters. CONSENT ITEMS: Accept donation ($5,000)from Friends of North Andover Senior Center for the 4th of July Fireworks Display The Friends of the North Andover Senior Center have generously donated $5,000 to the Town to be used for the 4th of July fireworks display. Board of Selectmen Minutes April 14, 2015 3 Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen accept the donation of the Friends of North Andover Senior Center in the amount of$5,000 for the 4th of July fireworks display. Vote approved 5-0. Event Requests/Fee Waivers Festival Committee-use Town Common for Sheep Shearing Festival on Sunday, May 17, 2015 from 6:00 a.m. to 6:00 p.m. and waive all permit fees The Festival Committee requested approval from the Board to use the Town Common on May 17, 2015 from 6:00 a.m. to 6:00 p.m. for the Sheep Shearing Festival, to close Massachusetts Avenue from Osgood Street to Academy Road and to waive any permit fees. All relevant town department recommended approval. Jeff Coco, chair of the Festival Committee, was present to answer any questions from the Board. Rosemary Smedile made a MOTION, seconded by Tracy Watson,that the Board of Selectmen approve the request of the Festival Committee to use the Town Common for the Sheep Shearing Festival on May 17, 2015 from 6:00 a.m. to 6:00 p.m., to close Massachusetts Avenue from Osgood Street to Academy Road to traffic from 7:00 a.m. to 6:00 p.m. and to waive all permit fees. Vote approved 5-0. North Andover Booster Club Little League- Opening Day Parade on Saturday, May 2, 2015 from 8:15 a.m. to 10:00 a.m. Marc Cooperstein, on behalf of the North Andover Booster Club Little League, was present to request approval from the Board to hold the Opening Day Parade on Saturday, May 2, 2015 starting at 8:15 a.m. The parade will start on the corner of Merrimack and Water Street, travel onto Main Street, to Waverly Road to Dana Street and end a the Carl Thomas baseball field at approximately 10:00 a.m. Mr. Cooperstein indicated that he has informed the businesses along the route about the parade. All relevant town departments recommended approval. Donald Stewart made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve the request of the North Andover Booster Club Little League to hold an Opening Day Parade on Saturday, May 2, 2015 from 8:15 a.m. to 10:00 a.m. as presented. Vote approved 5-0. Division of Public Works-waive all permit fees for`Street Lighting Upgrades on Water and High Street' project The Board was provided with a memorandum from Gene Willis of the Department of Public Works requesting the Board waive all permit fees for the street;lighting upgrades along Water and High Street. Tracy Watson made a MOTION,seconded by Donald Stewart, that the Board of Selectmen waive all permit fees for street lighting upgrades along Water and High Streets. Vote approved 5-0. 1 Request from Meg Coulter to add Emma McNair Kittredge, MD to the Kittredge Memorial The Board received a request from Meg Coulter to add her mother's name to the Kittredge Memorial, which is located on Johnson Street in front of the Hay Scales Exchange. The Board indicated they need to do more research;regarding the memorial before making a decision. Rosemary Smedile made a MOTION, seconded by Phil DeCo/ogero, that the Board of Selectmen table the request of Meg Coulter until more information can be obtained. Vote approved 5-0. Amendment to Financial Reserve Policies The Board was given a recommended amendment to the Financial Reserve Policies to add to the policy the option to transfer funds to the OPEB Trust Fund (in addition to the OPEB Stabilization Fund) and to add the Special Education Stabilization Fund as an additional fund the Town shall maintain. The Finance is due to vote on the amendment at their meeting on April 15th Tracy Watson made a MOTION, seconded by Phil DeCologero, to accept the amendments to the Financial Reserve Policy as presented. Vote approved 5-0. 2015 Annual Town Meeting Warrant A draft of the Annual Town Meeting Warrant was presented to the Board. Vote to reopen the 2015 Annual Town Meeting Warrant Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen reopen the 2015 Annual Town Meeting Warrant. Vote approved 5-0. Board of Selectmen Minutes April 14, 2015 4 Acceptance of the warrant The Board was presented with an updated list of Town Meeting warrant articles. Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen accept the 2015 Annual Town Meeting Warrant as presented. Vote approved 5-0. Vote to close the 2015 Annual Town Meetinq Warrant Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen close the 2015 Annual Town Meeting Warrant. The Board agreed to take licensing out of order. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Cynthia Robinson of Green Apple Cafe 11-15 First Street requests a Common Victualler license. Cynthia Robinson of Green Apple Cafe requested a Common Victualler license and was present to answer any questions from the Board. Donald Stewart made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen, acting as Licensing Commissioners, approve A Common Victualler license for Cynthia Robinson of Green Apple Cafe, subject to the conditions of the Fire Department as stated in their written recommendation. Vote approved 5-0. Mukta Shah of Merrimack College requests: 1. One Day Wine & Malt License for a for a softball tournament on Sunday, April 19, 2015 from 10:00 a.m. to 4:00 p.m. 2. One Day Wine & Malt License for graduate commencement reception on Friday, May 15, 2015 at O'Brien Plaza from 6:00 p.m.to 11:00 p.m. 3. One Day Wine& Malt License for an honors convocation reception on Saturday, May 16, 2015 at O'Brien Plaza from 1:00 p.m. to 4:00 p.m. 4. One Day Wine & Malt License for a legacy reception on Saturday, May 16, 2015 at the Rogers Center from 2:00 p.m. to 4:00 p.m. 5. One Day Wine& Malt License for a baccalaureate reception on Saturday, May 16, 2015 at O'Brien Plaza from 4:00 p.m. to 9:00 p.m. 6. One Day Wine & Malt License for an undergraduate commencement reception on Sunday, May 17 2015 at O'Brien Plaza from 10:00 a.m. to 3:00 p.m. 7. One Day All Alcohol license for an honorary degree reception on Saturday, May 16, 2015 at the Rogers Center from 6:00 p.m. to 11:00 p.m. Donald Stewart made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the seven One-Day License requests for Merrimack College for events on April 19th, May 15th, May 16th and May 17th, as presented. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. The Board returned to Consent Items. Town Meeting Warrant Recommendations (Citizen Petitions and Financial Articles) The Board was asked to vote their recommendations on Articles 13-31 of the Town Meeting Warrant. tH The Board will vote their recommendations on the Zoning Articles at their next meeting on April 27 Board of Selectmen Minutes April 14, 2015 5 Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen recommended favorable action on Articles 13, 14 and 15. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen recommend favorable action on Article 16. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen recommend favorable action on Article 17. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen recommend favorable action on Article 18. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen recommend favorable action on Article 19. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen recommend favorable action on Article 20. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen recommend favorable action on Article 21. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen recommend favorable action on Article 22. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen recommend favorable action on Article 23. Vote approved 5-0. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen recommend favorable action on Article 24. Vote`approved 5-0. Phil DeCologero made a MOTION, seconded by Donald Stewart, that the Board of Selectmen recommend favorable action on Article 25. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen recommend favorable action on Article 26. Vote approved 5-0. The Town Manager explained that Article 27 is for property at 1600 Osgood Street, Article 28 is for property at Brooks School and Article 29 is related to 1600 Osgood Street. The Town Manager explained the basics of a net metering agreement where a municipality is allowed by statute to purchase credits from a solar developer to reduce energy costs for the town and there is no risk to the community in entering into one of these agreements. He also explained that every,Payment in Lieu of Taxes agreement requires the approval of Town Meeting and are for commercial developments only. These articles have no impact on residential installation of solar. The purpose of the PILOT is to create certainty for both the town and developer as to the amount that will be paid to the town each year. Rosemary Smedile made a MOTION,seconded by Tracy Watson, that the Board of Selectmen recommend favorable action on Articles 27, 28 and 29: Vote approved 5-0. Phil DeCologero spoke in support of Article 30. Rosemary Smedile made a MOTION,seconded by Tracy Watson, that the Board of Selectmen recommend unfavorable action on Article 30. Vote approved 4-1. Phil DeCologero opposed. Tracy Watson made a MOTION,seconded by Phil DeCologero, that the Board of Selectmen recommend favorable action on Article 31.Vote approved 5-0. PUBLIC HEARING: Continued hearing for National Grid and Verizon New England Joint Pole Petition-Great Pond Road The Chairman recognized David Boucher, the representative from National Grid, who spoke regarding the petition and acknowledged that National Grid can comply with the conditions from the Department of Public Works. Tracy Watson made a MOTION that Board of Selectmen approve the National Grid and Verizon New England Joint Pole Petition #16210171-Great Pond Road, as presented. Motion failed due to lack of a second. Rosemary Smedile asked Mr. Boucher what National Grid is going to do about the leaning pole at 60 Middlesex Street. Ms. Smedile stated she will not vote on any petitions until the pole is addressed. Mr. Boucher stated he wasn't aware of the issue but assured the Board he would make sure it is addressed. Phil DeCologero made a MOTION, seconded by Rosemary Smedile, to continue the public hearing until the next meeting on April 27th. Vote approved 5-0. Board of Selectmen Minutes April 14, 2015 6 OLD BUSINESS: Status of biosolids project at GLSD The Town Manager gave an update of the GLSD biosolids project where they are adding one more digester at the facility. GLSD is due to vote on the full design of the expansion of the facility in May. The Town Manager is working to find a company that can do an impact study for the Town in time for the Board to review before the vote by GLSD in May. Rosemary Smedile stated she will be travelling to Maine to view a similar facility. NEW BUSINESS: None PUBLIC COMMENT: Dro Kanayan of 156 Palomino Drive asked the Board to fly the Armenian flag at half-mast on the flag pole in front of Town Hall on April 24, 2015, the 100th anniversary,of the Armenian Genocide, Father Stephan Baljian, pastor of St. Gregory's Armenian Church was also present. The Board explained they needed to look into the proper flag etiquette and protocol and was concerned about setting precedent. The Town Manager suggested the group go to the legislative delegation for a directive. The Board agreed to work with Mr. Kanayan to draft a proclamation and read at the next meeting on April;27th TOWN MANAGER'S REPORT: Fire Department-March 2015 Activity Report The Board was provided with the March 2015 Activity Report from the Fire Department. Police Department-March 2015 Crime Statistics The Board was provided with the March 2015 Crime Statistics Report from the Police Department. ADJOURNMENT: Donald Stewart made a MOTION,'seconded by Tracy Watson to adjourn the meeting at 10:20 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant` Rosemary Smedile, Clerk of the Board Documents used at meeting: Certificate of Appreciation Minutes of March 23, 2015` CPC Approved Project Summary FY2016 CPC List of Requested Projects FY2016 Citizen Petition-Celia DiSalvo Citizen Petition-Sofia Stamos Town Hall Expansion Project Memo/Presentation Spring 2105 Clean Up Events Memo re: Donation from Friends of NA Senior Center Sheep Shearing Festival Request Booster Club Little League Parade Request Fee waiver request from DPW Kittredge Memorial Request Amended Financial Reserve Policies Reserve Fund Matrix Board of Selectmen Minutes April 14, 2015 7 Reserve Balances as of 4/1/15 Certified Free Cash FY2001-2014 Overlay Reserve Balances as of 4/1/15 Memo re: Solar related articles Annual Town Meeting Warrant Common Victualler License Request-Green Apple Cafe One Day License Requests from Merrimack College Pole Petition-Great Pond Road March 2015 Crime Statistics Report March 2015 Fire Department Incident Report I i Communications And Announcements PROCLAMATION WHEREAS: On the night of April 24, 1915,more than 200 leaders in the Armenian community,in the city known today as Istanbul,were arrested and sent to prison. Most were executed, beginning a horrible, systemic killing and forced relocation of the Armenian people that would last until May 28, 1918. During these years,the government of the Ottoman Empire claimed the lives of 1.5 million Armenians and forced 500,000 more from their homeland. The Armenian Genocide was a terrible breach of human rights and an event that has outraged the world; and WHEREAS: The atrocities carried out against the Armenian people were grave and unimaginable, as they were subjected to deportation, abduction,torture, starvation, and more. And as with any violent conflict, Armenian women and children suffered the worst abuses. The bulk of the Armenian population that was displaced from their homes was forced to escape to neighboring as well as faraway countries; and WHEREAS: Many fled to the United States and enriched the American heritage with their culture, education, arts and sciences; and WHEREAS: April 24, 2015 marked the Centennial commemoration of'the start of a persecution of Armenian people. The commemoration of this terrible blight on humanity at the hands of the Ottoman Empire serves to remind free people everywhere that peace and freedom from oppression should not be accepted in a casual manner but, rather,we should all give thanks for the martyrs who have gone before,who gave their lives that their culture and heritage would survive and be part of a foundation for a better society. NOW THEREFORE: In memory of the Armenians who perished during the Armenian Genocide,the North Andover Board of Selectmen do hereby proclaim April 28, 2015, as a day of remembrance for the Armenians who suffered at the hands of the Ottoman Empire, and urge all of our citizens to pay tribute to the memory of those who gave their lives in the cause of religious freedom. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Town of North Andover to be affixed a A A this 27th day of April in the year two thousand and fifteen. Richard Vaillancourt, Chairman Certificate of Recognition 1110IM111 Presented to Derek Naehle In recognition of completing your Eagle Scout Project by designing and constructing two new lifeguard chairs and donating them to the Town for use at Stevens Pond. Your leadership, dedication and hard work in making these improvements to Stevens Pond are greatly appreciated. Thank you for your community service on behalf of the Town of North Andover. Presented by the North Andover Board of Selectmen April 27, 2015 ( Richard Vaillancourt,Chairman M� Government Finance Officers Association 203 N.LaSalle Street-Suite 2700 Chicago, IL 60601 Phone(312)977-9700 Fax(312)977-4806 April 9, 2015 Andrew W.Maylor Town Manager Town of North Andover 120 Main Street North Andover MA 01845 Dear Mr.Maylor: We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended June 30, 2014 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An award for the Certificate of Achievement has been shipped to: Lyne M. Savage Finance Director/Town Accountant We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed to assist with this effort. In addition, details of recent recipients of the Certificate of Achievement and other information about Certificate Program results are available in the "Awards Program" area of our website,www.gfoa.org. We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Government Finance Officers Association Z4111--4- Stephen J. Gauthier,Director Technical Services Center SJG/ds Government Finance Officers Association 203 N.LaSalle Street-Suite 2700 Chicago, IL 60601 Phone(312)977-9700 Fax(312)977-4806 04/09/2015 NEWS RELEASE For Information contact: Stephen Gauthier (312)977-9700 (Chicago)--The Certificate of Achievement for Excellence in Financial Reporting has been awarded to Town of North Andover by the Government Finance Officers Association of the 'I United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award-winning CAFR. This has been presented to: Lyne M. Savage,Finance Director/Town Accountant The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago,IL, and Washington,D.C. TOWN OF NORTH ANDOVER OFFICE OF BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Richard M. Vaillancourt, Chairman �� TEL. (978)688-9510 Phil DeCologero FAX(978)688-9556 Rosemary Connelly Smedile, Clerk Donald B. Stewart Tracy M. Watson Town of North Andover Board of Selectmen Meeting Schedule June — December 2015 Monday, June 1, 2015 Monday, June 15, 2015 i Monday, July 13, 2015 Monday, August 10, 2015 Monday, August 31, 2015 Monday, September 14, 2015 p Monday, September 28, 2015 Monday, October 19, 2015 Monday, November 2, 2015 Monday, November 16, 2015 Monday, November 30, 2015 Monday, December 7, 2015 Monday, December 21, 2015 Please note all meetings begin at 7:00 p.m. at Town Hall, 120 Main Street,North Andover, Selectmen's Meeting Room,2"d Floor. A notice will be posted at Town Hall and the Town of North Andover Website under the Municipal Calendar Section and the Public Notice Section. The Chair may call additional meetings if necessary. If you have any questions,please contact Laurie A. Burzlaff at 978-688-9510 or e-mail at lbui•zlafR_townofnorthandover.com . Consent Items f AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: April 27, 2015 Re: Donation from Derek Naehle Request: Accept donation from Derek Naehle Explanation: For his Eagle Scout project, Derek Naehle designed and built 2 lifeguard chairs which he is donating to the Town to be used at Stevens Pond. NORTH ANDOVER YOUTH & RECREATION SERVICES 33 JOHNSON STREET NORTH ANDOVER MASS 01845 TO: RAY SANTILLI, ASSISTANT TOWN M A FROM: RICK GORMAN, NAYRS DIRECT�R DATE 4/9/15 RE: RECOGNITION OF DEREK NAEHLE Hi Ray as a follow-up to our phone conversation I am providing some more information on DEREK NAEHLE. Derek is a North Andover resident and senior at North Andover High school who undertook an Eagle Scout project where he designed and built two amazing Life Guard chairs for Stevens Pond. The finished product was delivered to the Youth Center on April 41". I have also included in the package the information provided by Boy Scouts of America. it is my hope that the Board of Selectman could recognize Derek when I present on Stevens Pond on Monday April 271". Please let me know if you require any more information Thanks I z, Contact Information Eagle Scout candidates should know who is involved,but contact information maybe more important to unit leaders,unit committees,project beneficiaries,and councilor district approval representatives in case they want to talk to one another.While it is recognized that not all the information will be needed for every project,Scouts are expected to provide as much as reasonably possible.Approval representatives must understand,however,that doing so is not part of the service project requirement. Eacile Scout Candidate -- - ---- - -- ----- -�- Name. Derek P.Naehle Birth date: April 19,1997 Email address: dnaehlel5 @stjohnsprep.org BSA PID number*. - - - Address: 7 South Cross Road City: North Andover State: MA Zip: 018 _ - Preferred telephone(s): 978-686-2461 Life board of review date: April 7,2014 --._ *BSA PID No.,found on the BSA membership card Current Unit Information__-_mm _ _.___-_,_--_-_-�--- -------- ----- ----------- -Troop Team Crew Ship Check one: ® p ❑ ❑ ❑ - p Unit Number: 79 - Name of District:West Wind District Name of Council:Yankee Clipper Council#236 - - - Unit Leader Check one: ® Scoutmaster_ E]Varsity Coach — ❑ Crew Advisor ❑ Skipper _ -- - Name: Edward P.Hunt Preferred telephone(s): 978-975-7587 - _- Address: 23 Somerset Drive City: Andover State:- MA Zip: 01810 Email address: ephuntsr @gmaii.com Unit Committee Chair ------------.--_-------_.-----------__---- --- --- ----- --------- Name Chris Potts _ Preferred telephone(s): 978-470-8886 _ - - of Address: 161 Ha etts Pond Road City. Andover State: MA :_Zip:_ -_gg_ p: Email address: cpottsl l @verizon.net Unit Advancement Coordinator(Ifyour unit has one) ----- --------- -- Name: Tom Davis Preferred telephones) 978-975-4521 --.. Andover State: MA Zip:,-.---,!Address: 2 Ridge Hill Wa Ci d y _tY_ _ ---- - p --------- Email address: tom_davis@alum.mit.edu _-_ g school,or community) Project Beneficiary (Name ofreli religious institution,sc Name: North Andover Youth&Recreation Services Preferred telephone(s): 978-682-9000 Address: 33 Johnson Street City: North Andover _ _ State: MA Zip: 01845 ,---- Email address: rgorman @nayouth.com ProjectBeneficiaryRepresentative (Nameofcontactpersonfor the project beneficiary) - - Name Rick Gorman,Executive Director Preferred telephone(s): 978-682-9000 Address: 33 Johnson Street - Y - Cit North Andover State: MA Zip: Email address: rgorman @nayouth.com ------ - -- -- - Your Council Service-Center,.-­- - --- ----- - ------- ---- - --- - -- - --------- - Council name:Yankee Clipper Council Preferred telephone(s):- 978-372-0591 Council _ City: Haverhill- MA Zip: 01830 Address: 36 Amesbury Road Y:_ - - - - Council or District Project Approval Representative (Your un_it leader,unit advancement coordinator,or councilor district advancement chair may help you learn who this will be.) - _ m Nae: - Preferred telephone(s): Address: ;_City: State: Zip Email address: Project Coach(Your councilor district project approval representative may helpyou learn who this will be.)__.. Name: I Preferred tele hone(s)t -- p Address: . - _ -Cites State - Zip: - Email address: Derek P.Naehle Proposal Page B Project Description and Benefit Briefly describe your project. _ - - - My project is building 2 lifeguard chairs for the use of lifeguards at Stevens Pond in North Andover. Stevens Pond is a public beach open to the residents of North Andover. The new chairs will be replacing the current chairs that are there now. I designed', these chairs myself after hours of field research,asking both what is wrong with the existing chairs and what characteristics a new chair should have. For example,including umbrellas in the design. They will be 4.25 feet off the ground to get a bird's eye view of the water to keep the swimmers safe. Also,I was advised to use pressure-treated wood to make the chairs last longer. What: 2 lifeguard chairs(6.5 feet tall and 4 feet wide),with attached umbrellas. For Whom: Stevens Pond,North Andover Youth Services When: October 4,2014 through November 1,2014 Estimate of effort: 150 manhours-46 hours x 6 workers x 4 days)plus(3 hours x 2 workers) . Estimate of cost: $540(see detail below) *Because pressure treated wood is planned to be used for the chairs,it is possible that painting the chairs may need to be done a few weeks after delivery to the pond in order to allow the wood to dry. Attach sketches or"before"photographs if these will help others visualize the project. Please click below to add images(JPEG,JPG,BMP,GIF,TIF,PNG,etc.) i 1 Click above box to add an image.Click here to add an Click above box to add an image.Click here to add an image caption. image caption. Tell how your project will be helpful to the beneficiary.Whit needed? Mr.Gorman,the Director of North Andover Youth Services advised me that they needed new lifeguard chairs to replace the old ones. Lifeguard chairs are a crucial piece ofthe pond's safety system because it gives the lifeguards a better view ofthe swimmers in order to keep them safe. I When do you plan to begin carrying out your project? October 4,2014 When do you think your project will be completed? November 1,2014 _ Giving Leadership Approximately how many people will be needed to help on your project? 8-on each day that we work Where will you recruit them(unit members,friends,neighbors,family,others)?Explain: I will recruit Scouts from Troop 79 and friends. I will advertise my project enough to get helpers. What do you think will be most difficult about leading them? Explaining the exact cuts and specifications for where each piece of wood goes and where each screw and bolt goes,according to the design plan. i Materials Materials are things that become part ofthe finished project such as lumber,nails,and paint. What types of materials,if any,will you need?You do not yet need a detailed list of exact quantities,but you must show you have a reasonable idea of what Is required.For example,for lumber,include basic dimensions such as 2"x 4"or 4"x 4". 2"x4"x 8'pressure treated lumber(16 pieces) 2"x 6"x 8'pressure treated lumber(19 pieces) Proposal Page C Derek P.Naehle 2"x 8"x 8'pressure treated lumber(4 pieces) 2.5"galvanized deck screws(one 5 lb.box) 8 lag bolts Supplies Supplies are things you use up,such as food and refreshments,gasoline,masking tape,tarps,safety supplies,and garbage bags. What kinds of supplies,if any,will you need? You do not yet need a detailed list or exact quantities,but you must show you have a reasonable idea of what is required Pizza&water for workers 1 gallon white stain 2 packs medium grit sandpaper Paint brushes Proposal Page C-2 Derek P.Naehle Tools Include tools,and also equipment,that will be borrowed,rented,or purchased. What tools or equipment,if any,will you need?You do not need a detailed list yet,but you must show you have a reasonable idea of what is required. Tape measures(3) Screw gun(2) Power drill(1) Power sander(1) Drill bits Chop saw Circular Saw Square and level ------- Other Needs Items that don't fit the above categories for example,parking or postage,or services such as printing or pouring concrete,etc. What other kinds of expenses do you think you might encounter? 2 beach chair umbrellas Permits and Permissions Note that property owners should obtain and pay for permits. Will permissions or permits(such as buildingpermits)be required for your project?Who will obtain them?How long will it take? do not need any permits. Preliminary Cost Estimate You do not need exact costs yet.Reviewers will just want to see if you can reasonably expect to raise enough money to cover an initial estimate of expenses.Include the value of donated material,supplies,tools,and other items.It is not necessary to include the value of tools or other items that will be loaned at no cost.Note that if your project requires a fundraising cation,you do not need to submit ittwith your proposal. _- t –—.Note Enter estimated expenses below: Fundraising:Explain how you will raise the money to pay for the total costs.If you intend to seek (include sales tax if applicable) donations of actual materials,supplies,etc.,then explain how you plan to do that,too. Materials: S225.63';Home Depot of Methuen has agreed to donate all of the materials and supplies (other Supplies: $190.00 than food&water). Will look for donations to purchase chair umbrellas. Tools: $0.00; Other: $125.00{ Total costs: $540.63 _ Project Phases Think of your project in terms of phases,and list what they might be.The first maybe to complete your final plan.Other phases might include fundraising,preparation,execution,and reporting.You may have as many phases as you want,but it is not necessary to become overly complicated;brief,one line descriptions are sufficient. 1. Complete final plan ' 2. Fundraising(wood,hardware,paint) 3. Preparation(obtain everything needed and recruit help) 4. Execution(cut lumber to proper lengths) 5. Execution(build chairs by screwing together) 6.1 Execution(sand and paint chairs) 7., Execution(move chairs to Stevens Pond and do beach cleanup) Proposal Page D Derek P.Naehle 8. Reporting(includes taking pictures along the way,recording workers and time spent and doing write-up) I Proposal Page D-2 Derek P.Naehle Logistics Check with your council service center to determine if a Tour and Activity Plan is required. How will you handle transportation of materials,supplies tools,and helpers?Will you need a Tour and Activity Plan?11 I will ask Scouts to help me at my house preparing,building and painting the chairs. When done,I will ask adults that own pickup trucks to help move them 3 miles to Stevens Pond. Scouts will then be asked to help position the chairs at Stevens Pond. i Safety Issues The Guide to Safe Scouting is an important resource in considering safety issues. Describe the hazards and safety concerns you and your helpers should be aware of. — It will be very safe for all participants due to safety areas I will create similar to axe yards where the power tools will be. Power tools will be used to prepare the wood for construction along with actual construction. On site water hazards at Stevens Pond. Final Planning You do not have to list every step,but it-must be enough to showyou have a reasonable idea of how to complete a final plan. List some action steps you will take to complete a final plan.For example"Complete a more detailed set of drawings." I have done hours of online and field research before drawing the designs forthe chairs, I need to complete a specific and very detailed timeline to ensure ease of construction. Candidate's Promise* Sign below before you seek the other approvals for your proposal. On my honor as a Scout,I have read this entire workbook,including the"Message to Scouts and Parents or Guardians"on page 5.I promisebe the leader of this project,and to do m best to car it out for the maximum benefit to the religious institution,school,or community I have chosen as beneficiary. Signed Date *Remember:Do not begin any work on your project,or raise any money,or obtain any materials,until your project proposal has been approved. -------- -. __ ------ ---__. --- ----- _._. _.- _ ...- ------ _ - -- Unit Leader Approval* Unit Committee Approval* I have reviewed this proposal and discussed it with the candidate. I This Eagle Scout candidate is a Life Scout,and registered in our unit.I believe it provides impact worthy of an Eagle Scout service project, have reviewed this proposal,I am comfortable the project is feasible, and will involve planning, development, and leadership. I am and I will do everything I can to see that our unit measures up to the comfortable the Scout understands what to do,and how to lead the level of support we have agreed to provide (if any). I certify that effort. I will see that the project is monitored, and that adults or have been authorized by our unit committee to provide its approval others present will not overshadow him. for this proposal. Signed Date -_ Signed- _ Date I Name(Printed) Name(Panted) -- - ----—.—_ -..---- --- -- ------- ---. _..- -- .. ------------- _- — - --- Beneficiary Approval* Council or District Approval This service project will provide significant benefit,and we will do all I have read topics 9.0.2.0 through 9.0.2,15,regarding the Eagle Scout we can to see it through. We realize funding on our part is not service project, in the Guide to Advancement, No. 33088. 1 agree on required,but we have informed the Scout of the financial support(if my honor to apply the procedures as written,and in compliance with any) that we have agreed to. We understand any fund raising he the policy on"Unauthorized Changes to Advancement."Accordingly, conducts will be in our name and that funds left over will come to us I approve this proposal.I will encourage the candidate to complete a if we are allowed to accept them.We will provide receipts to donors i final plan and further encourage him to share it with a project coach j as required. who has been designated for him. Our Eagle candidate has provided us a copy of"Navigating the Eagle Scout Service Project,Information for Project Beneficiaries." ® Yes F] No Sign C1 �" Date Signed Date Name(Printed) t Gr W d°f ,. _Name(Printed) *While it makes sense to obtain approvals in the order they appear,there shall be no required sequence for the order of obtaining those approvals marked with an asterisk(*).Councilor district approval,however,must come after the others. Proposal Page E Derek P.Naehle { AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: April 27, 2015 Re: Printing Arts Fair Request from: Mr. Kim Pickard of the Museum of Printing For: Approval to close Massachusetts Avenue in front of the museum for the annual Printing Arts Fair on Sunday,June 21, 2015 from 10:00 a.m.to 4:00 p.m. Reviewed by: Police Department Notes: Police detail to be hired to monitor vehicle and pedestrian traffic Fire Department Notes: No conditions Public Works Notes: No conditions MUSEUM OF PRINTMG 800 Massachusetts Avenue North Andover, MA 01845 April 27,2015 Andrew W. Maylor Town Manager 120 Main Street North Andover,MA 01845 Dear Sir: On Sunday,June 21th, from 10am to 4pm,the Museum of Printing will hold its 12" annual Printing Arts Fair. Over 20 artisans display their arts and crafts and a team of 20 people demonstrate historic printing devices.There are special events for children tied into Father's Day. About 500 people attended in 2014,mostly locally but also from all over New England. The Museum is requesting that Massachusetts Ave. be closed in front of the Museum during the hours of the Fair as we have done previously.We will contract with the Police Department for an officer,as we did in previous years. Thank you for your consideration. Mr. Kim Pickard Executive Director ExeDir@MuseumOfPrinting.org 978-985-3073 a NORTH ANDOVER Community Partnership--- i Operations Division Lieutenant Charles P. Gray I TO: Laurie Burzlaff FROM: Lieutenant Charles Gray RE: Printing Arts Fair June 21, 2015 DATE: April 14, 2015 Please be advised that the Police Department has reviewed this proposal. As with years past, we will supply barricades to close of Massachusetts Avenue from Academy Road to Osgood Street. The request does not list the hours of operation,but in years past it has been reasonable and we will work with the event staff. We would request a police detail be hired to monitor motor vehicle and pedestrian traffic. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 7`0WIN OF NOR']['H ANDOVER Hre Department Central Fire Headquarters -Fire Prevention Office �24 MAIIN 1 E.IET NORTH AINDOVEIZ, MASSACHUSE-FTS 01845 Andrew MeHkas Telephone(978)688-9593 Fire Chief 1-,'AX (978) 688--9594 1U, ➢ McCarthy c ioffiorthandovenom Fire Prevention Officer VS4 U fincca 1--(� owl offiortha nd over.coin ................ -Y Town Manager's Office 124 Main St North Andover,Ma April 14,2015 The Fire Department recommends favorable action for the Museum of Printing to hold its second annual Printing Art Fair on June 21, 2015, Regards, Lt. Frederick McCarthy Fire Prevention 978-688-9590 4 INTEROFFICE MEMORANDUM DATE: April 13,2015 TO: Laurie Burzlaff, Executive Assistant FROM: Bruce Thibodeau,Director of Public works CC: RE: Printing Arts Fair The Division of Public Works has no objection to the request from Kim Pickard,President of the Museum of Printing to close Mass Av. On Sunday, ,Tune 21`r, from 10 until 4 to hold the annual Printing Arts Fair. i i AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: April 27, 2015 Re: Coast to the Cure bike ride Request from: Diana Flahive of Neurofibromatosis Northeast For: Approval to use Salem, Ingalls, Forest, Boxford, Foster, Winter and Dale Streets for the 5t"Annual Coast to the Cure bike ride on September 12, 2015. Race starts.in Gloucester at 7:00 a.m. Reviewed by Police Department Notes: NAPD requests a call be made to Officer in Charge when first cyclists are to arrive so cruisers can be in area. Fire Department Notes: No conditions Public Works Notes: No conditions Burzlaff, Laurie From: Diana Flahive <dflahive @nfincne.org> Sent: Friday, April 10, 2015 11:48 AM To: Town Manager Subject: Coast to the Cure - North Andover Dear Mr. Maylor, On behalf of Neurofibromatosis Northeast, I am seeking permission once again to include North Andover on the route for the 5th Annual Coast to the Cure bike ride to benefit Neurofibromatosis Northeast. Coast to the Cure takes place on Saturday,September 12, 2015. The ride starts and finishes at Stage Fort Park in Gloucester.The event consists of three prescribed routes(24, 66 and loo miles)encompassing North Andover and 18 other communities. I can assure you that all participants will wear helmets,travel in an organized fashion on public roads, never on private property,and will obey the rules of the road. The cyclists will leave Stage Fort Park in staggered starts beginning at 7am. We anticipate approximately 5o riders in total travelling in packs of 3-6 people over a period of two hours through your community.The following streets in North Andover are on the route: Salem,Ingalls,Forest,Boxford,Foster,Winter and Dale(long route). Proceeds from the event benefit Neurofibromatosis Northeast and support our mission of finding a cure and treatment for neurofibromatosis by promoting scientific research,creating awareness, and supporting those who are affected by NF. Please don't hesitate to contact me if you have questions. I can be reached at(781)272-9936 or dflahive(dnfincne.org. Thanks so much for your consideration. Sincerely, Diana Flahive Diana E. Flahive Director of Special Events Neurofibromatosis Northeast 9 Bedford Street Burlington, MA o1803 Tel. 781-272-9936 ext. 204 Fax 781-272-9937 www.nfincne.org ?q 111 txn1111OMt10,0: An NFNetworkAdvocacy Partner 1 NORTH ANDOVER 0 •--Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Laurie Burzlaff FROM: Lieutenant Charles Gray CPG RE: Request from Diana Flahive- Coast to the Cure September 12, 2015 DATE: April 22, 2015 Please be advised that the proposal has been attached has been reviewed. The Police Department recommends that when the first cyclists are to arrive in North Andover, a call be made to the Officer-In-Charge (978-683-3168) to allow for area cruisers to be in the area of the course. This will allow for a police presence to slow down the motoring traffic and to allow for a rapid response if there is an incident. The Police Department will cooperate with the event staff to ensure a safe ride through North Andover, 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-681-1172 ,r(.)WN OF INO all RT111 ANDOVER Fire Depadment (-','entral 1"ire I leadquarters —Fire Prevention Office 124 MAIN S RE.FT NORTH VANDOVER, MASSACHUSE'll'I'S 011845 Andrew MeInikas Telephone(978) 688-9593 Fire Chief FAX (978) 688-9594 1 F, Ndc(.,arthy w. townofiiorth�indover.corn Fire Prevention 01'ficer ITS A�,0 j .................................... .fiil..cca.rti,�Y@ lad wilioftiortlia.iid(.)ver.ec)m Town Managers Office 120 Main St. North Andover, Ma April 14,2015 The Fire Department recommends favorable action for Neurofibromatosis Northeast to hold its annual bike ride for charity event[Coast to the Cure] on September 12, 2015. Respectfully, Lt Fred McCarthy Fire Prevention 978-688-9590 16, INTEROFFICE MEMORANDUM DATE: April 13, 2015 TO: Laurie Burzlaff, Executive Assistant FROM: Bruce Thibodeau, Director of Public Works CC: RE: Neurofibromatosis Northeast The Division of Public Works has no objection to the request from Diana Flahive of Neurofibromatosis, Northeast, to hold their annual bike ride through Salem, Foster, Winter, and Dale Streets on Saturday, September 12,2015. NORTH ANDOVER YOUTH & RECREATION SERVICES STEVENS POND 2015 North Andover Youth & Recreation Services is preparing for its 121h season operating Stevens Pond. In 2014 we encountered NO blue-green algae issues and we were closed for only one day for a high E Coli reading. This marked the best overall record of open days in the 12 years we have operated the Pond. Stevens Pond is presently staffed by one Director, one Assistant Director, eight lifeguards and several parking lot attendants. The Director earns $16.00 per hour, and the Assistant Director earns $13.00 per hour. Our lifeguards earn between $10.00 and $12.50 per hour depending on length of employment. The staffing is comparable to most communities and any reduction of staff would present potential safety concerns. The parking lot attendants are paid between $8.00 and $9.00 per hour. They check permits, sell daily passes, and monitor the parking and concession areas. Public Works contracts for weed removal and prevention. This work, which is done under the direction of the DPW, must be done on a yearly basis and is scheduled to be done in late spring this year. Stevens Pond Renovations: Renovations that have been completed in recent years: June 2008: Completion of brand new bath house, including guard shack, bathrooms, outdoor showers, deck and storage area. June 2008: Construction of new picnic tables July 2008: Construction of new playground August 2008: Installation of new flagpole June 2009: Purchase of new docks, rafts and equipment May 2010: New fencing along the main street, fencing fixed and painting on fire access road. New trees were planted on the main street. New flower beds were installed by entrance and around flagpole area. May 2011: Cleaned area by playground March 2012: Installation of two horse shoe pits and new benches May 2012: Resurfacing of parking lot Spring/Summer 2013: Addressed blue-green algae issues May 2014: Weed removal and replacement of beach sand Staffing: I will be recommending Director Kelly Wray to return for her fourth year as Pond Director, and Tim D'Entremont will return as the Assistant Director. We expect a strong return of lifeguards and gate attendants. Department of Public Works: It is recommended that DPW continue to offer services in the following areas: prepare for opening by assisting with pond set-up (clean up, weed removal, sweeping parking lot, raking sand, cutting grass, cutting bushes, adding sand, etc.) The trash also needs to be picked up three times a week, along with normal cutting and maintenance throughout the summer. Selling of Permits and Swimming Lessons: Upon approval by the Board of Selectmen, the Youth Center is prepared to sell permits and conduct sign-ups for swimming lessons and all other programming. This will be done Monday through Friday 9:00am — 7:00pm. Once the Pond is open, residents will purchase the services directly at the pond during normal operating hours. The Youth & Recreation Services will begin immediate marketing of the pond including flyers to every school child and advertising in the Eagle Tribune, and North Andover Citizen. Information will also be put on the Town website, Youth Center website and local cable channel. Special Circumstances: As in the past, accommodations will be arranged for residents with financial hardships. In 2014 we had 10 season passes and 4 swim lessons that were issued to families that requested financial assistance. These families will be asked to provide minimal documentation to support their request. Hours of Operation: Stevens Pond will be open Monday, June 22"d through Sunday, August 23rd. Hours of operation will be 9:30am—7:00pm daily. Stevens Pond Cleanup Day: We will be looking to have this community service project done in late May 2015. This has been very successful in the past and is another connection with the business community. Special Events: The Annual Lafond Insurance/Stachey's Pizza Swim Meet, along with a number of one day special events are on the calendar. We are also in the process of planning new programming for summer 2015. Planned Enhancements for Summer 2015: 1. Derek Naehle built and will donate two lifeguard chairs as his Eagle Scout project. 2. The purchase of a second dock. Fee Recommendations For 2015 Other than an increase to the fee of `Daily Adult Passes' seven years ago, the fees have remained constant for a decade. For the 2015 season, it is recommended the fee for a `Season Car Pass' be increased by $10.00 to $85.00, the fee for an `Additional Sticker' be increased by $5.00 to $25.00, and the `Season Pass' for both a non-profit and for-profit be increased by $25.00. Proposed Estimated Type 2014 Fee 2015 Fee Quantity Revenue Season Car Pass $75.00 $85.00 225 $19,125.00 Swimming Lessons $50.00 $50.00 88 $4,400.00 Daily Adult Passes $12.00 $12.00 400 $4,800.00 Season Pass Non-Profit $150.00 $175.00 1 $175.00 Season Pass For Profit $250.00 $275.00 1 $275.00 Additional Sticker $20.00 $25.00 40 $1,000.00 $29,775.00 The following are the revenue and expenses for calendar years 2002 through 2014 Year Revenue Expenses +/- 2002 $27,495 $46,680.34 -$19,185.34 2003 $28,136 $42,344.81 -$14,208.81 2004 $29,234 $43,123.92 -$13,889.92 2005 $32,013 $41,137.55 -$9,124.55 2006 $27,899 $44,610.49 -$16,711.49 2007 $25,028 $43,730.05 -$1 8,701.98 2008 $28,823 $35,482.74 -$6,659.74 2009 $25,849 $34,138.66 -$8,289.69 2010 $34,239 $36,993.19 -$2,754.19 2011 $33,057 $36,766.32 -$3,709.32 2012 $4,357 $24,074.97 -$19,717.97 2013 $24,533 $35,359.56 -$10,826.56 2014 $23,700 $33,753.66 -$10,053.66 COMMUNITY and ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM To: Richard Vaillancourt, Chairman BOS FROM: Jean Enright, Assistant Director of Community and Economic Development RE: Sign Permit Fees Waiver Request i DATE: April 21, 2015 The Community and Economic Development Division will soon be coordinating the installation of"Welcome To Machine Shop Village" signs at three entry points to the historic district (picture attached). I would like to request the approval of the Board of Selectmen to waive the associated sign permit fees. These signs are part of the Machine Ship Village Historical Signage program and will be located at the corner of Main Street and Elm Street, corner of Main Street and Water Street, and the corner of High Street and Prescott Street. A pole sign' will be placed on East Water Street and at the corner of Pleasant Street and Clarendon Street. Thank you for your consideration of this request. Sincerely, Jean Enright Assistant Director Community and Economic Development Town of North Andover 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com r " , r, a .� I VV uuuuuu i m 1, r n r i tl n� I � c� E ,M fi i f U �r / '. � � �y,r,,,,�- �' � .. „✓it iii J�//1,,�, COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning i MEMORANDUM To: Andrew Maylor,Town Manager FROM: Eric Kfoury, Director RE: Affordable Unit Resale DATE: April 10, 2015 Our office has been notified regarding an affordable housing unit that is for sale in North Andover. The Board of Selectmen has the right of first refusal for the property.The unit is identified as the following: 200 Chickering Road, Unit 203B (Kittredge Crossing) Our office would recommend that the Board of Selectmen should not exercise their right of first refusal for the affordable housing units. If the Town chooses to exercise its right, then it would be the responsibility of the Town to purchase the property or locate an individual to purchase the property. Our office continues to work with the development's monitoring agent, CHAPA,who possess better resources to preserve the unit as affordable. They have been retained to market the project and work with many other communities on selling affordable units. It is recommended that the Board of Selectmen not exercise their right of first refusal. Once the Board makes a determination CHAPA can identify an eligible purchaser. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com COMMUNITY DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM To: Andrew Maylor,Town Manager I FROM: Eric Kfoury, Director RE: Affordable Unit Resale DATE: April 16, 2015 Our office has been notified regarding an affordable housing unit that is for sale in North Andover, The Board of Selectmen has the right of first refusal for the property.The unit is identified as the following: 7 Ciderpress Way(Meetinghouse Commons) Our office would recommend that the Board of Selectmen should not exercise their right of first refusal for the affordable housing units. If the Town chooses to exercise its right, then it would be the responsibility of the Town to purchase the property or locate an individual to purchase the property. Our office continues to work with the development's monitoring agent, CHAPA, who possess better resources to preserve the unit as affordable. They have been retained to market the project and work with many other communities on selling affordable units. It is recommended that the Board of Selectmen not exercise their right of first refusal. Once the Board makes a determination CHAPA can identify an eligible purchaser. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 Fax 978.688.9542 Web www.townofnorthandover.com Article 9• Amend Zoning Bylaw — Section 18: Downtown Overlay District. To see if the Town will vote to amend the Town of North Andover Zoning Bylaw, Section 18 — Downtown Overlay District, by making the following amendments to Subsections 18.1 and 18.7 (by identifying text which is deleted as strikethrough and text added as underlined), and by adding a new sub-district under new Subsection 18.8 "Downtown Overlay District — Sub-district A: Historic Mill Area," as follows: Amend Zoning Bylaw Subsection 18.1 by deleting the phrases "...including the mill j buildings,..." and "...through Annual Town Meeting 2008..." in the first paragraph, so that Subsection 18.1 reads as follows: Section 18 Downtown Overlay District 18.1 Location and Applicability The Downtown Overlay District shall consist of the area delineated on the Town's zoning map, but shall include the area along Main Street from Sutton Street to Merrimac Street; Water Street from the intersection with Main Street to High Street, inc ding the mil cgs; portions of Waverley Road, First Street and Second Street; Ellis Court; School Street; Saunders Street; and Cleveland Street. Said area is described on the Town of North Andover Zoning Map as amended+ h ^ .,1 T.,.<,,, Meeting�nn4 An application for the Downtown Overlay District shall be in accordance with the standards set forth in this section and shall be reviewed by the Planning Board, as Special Permit Granting Authority, or otherwise. An application for the Downtown Overlay shall be deemed to satisfy the requirements for Site Plan Review as described in Section 8.3. Amend Subsection 18.7 ("Waivers") by deleting the text therein, and renumbering Subsection 18.8 as new Subsection 18.7, and by deleting the phrase "...., unless waived in accordance with Section 18.7." so that new Subsection 18.7 reads as follows: 19.7 Waiyef a. Waivers of limited dimensional,-design, or ether- er-iler-ia set fefth in Seefiens 19.3, thteugh 19.6 of the Downtown OveAfty4)istr-ic+, b. Waiver-s of other- lifaited dimensional,mss: design, , 7 g 331 Hb Bylaw, ne ef shall be gfanAed fef building height in exeess of the building height existing r of the date of the vi uieu adoption(2) years _-fter-the da4e of ado RiOR Of!his Seefien 19.7. 18.87 Relationship to Underlying Zoning: The Downtown Overlay District is an overlay district superimposed on all underlying zoning districts. Within the Downtown Overlay District, the regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those sites undergoing development in accordance with Section 18. To the extent that there is a conflict between the provisions of the underlying zoning and the provisions of the Downtown Overlay District, the provisions of Section 18 shall govern, Amend Section 18 by creating a new sub-district as a new Subsection 18.8 ("Downtown Overlay District—Sub-district A: Historic Mill Area") described as follows: Section 18.8 Downtown Overla y District—Sub-district A: Historic Mill Area 18 8.0 Purpose. The purpose of Sub-district A is to: a) Encourage a diverse mix of residential business commercial office governmental, institutional entertainment and other uses for workers visitors and residents; b) Not detract from the livability and aesthetic qualities of the environment. c) Promote more efficient use of land while protecting natural resources such as water resources wetlands floodplains and wildlife. d) Permit the preservation of existing structures through conversion to new uses in a manner that maintains and enhances the visual character and architectural scale of existing development within the district; e) Permit an appropriate density of new development to support a vibrant mixed-use area; f) Encourage first floor retail/restaurant space g) Encourage an active streetscape through mixed-uses and high quality design; h) Encourage a pedestrian and bicycle friendly environment; i) Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the district. j) Encourage consolidation of curb cuts for vehicular access and promote more efficient and economical parking facilities. k) Allow for more compact development than may be permitted in other zoning districts to reduce the impacts of sprawl; 18.8.1 Establishment Sub-district A - Historic Mill Area of the Downtown OverlqY District is established as a separate and independent sub district from the Downtown Overlay District provisions under Sections 18.0 through 18.7 of the Zoning Bylaw, and this Section 18.8 is superimposed over all underlying zoning districts established by the Zoning Bylaw now or hereafter applicable to the properties historically known as the former Davis & Furber Machine CoMpaqy, and is shown as Downtown Overla y District: Sub-district A on the Zoning Map prepared by the North Andover Division of Community Development. This mqp is hereby made a part of the Zoning Bylaw and is on file in the Office of the Town. 18.8.2 Boundaries Boundaries of the Downtown Overlay District — Sub-district A: Historic Mill Area are shown on the Zoning Map and shall include all of the real property as identified on the FY 2014 Town of North Andover Assessor's Map: Map 54 Parcel 1 Map 53 Parcel 25, Map 68 Parcel 10 Mqp 68 Parcel 1 and Parcel 3 as described by deed in Book 10601, Page 340 for the former rail road right of way, as more particularly shown on the Zoning Map. 18.8.3 Applicability and Relationship to Underlying Zoning An application fora proposed project located within Sub-district A—Historic Mill Area may either use the standards in the underlying zoning district in their entirety, or those standards contained within Section 18.8 in their entirety. For those sites for which an application is filed in accordance with Section 18.8 review shall be in accordance with the standards set forth in this Section 18.8 by the Planning Board as Special Permit Granting Authority, or otherwise If an applicant elects to file an application for a project in accordance with the requirements of this Section 18.8 then to the extent that there is anconflict between the provisions set forth in this Section 18.8 and an other provisions y p v p of the Zoning Bylaw, the terms of this Section 18.8 shall govern. 18.8.4 Permitted Uses The following uses are permitted as more specifically described below:_ 18.8.4.1 The following uses shall be permitted by right in the Sub-district A: a) Detached one- or two-family residential structures, b) Multifamily dwellings up to 6 dwelling units; c) Townhouses; d) Mixed-use structures (for permitted uses); e) Retail sales establishments excluding automobile service station car wash, body shop automobile repair shop or sales of motor vehicles of no more than 15,000 square feet of floor area; f) Restaurant cafe or other establishment serving food and/or beverages, establishments of no more than 15 000 square feet of floor area; g) Business Office ((a primary use consisting of office activities of any type, including business and financial office activities (including banks and financial institutions) and professional office activities excluding automobile service station car wash body shop or automobile repair shop)); h) Professional Office (A primary use consisting of office activities by a doctor, dentist architect lawyer, engineer or other professional person or persons); i) Day care center; j) Hall club theater or other place of assembly, establishments of no more than 15,000 square feet of floor area; k) Place of recreation; 1) Veterinary hospital; m) Research and development facilities; n) Light manufacturing including fabrication processing finishing assembly, packing or treatment of articles or merchandise craft brewing or food processing,provided such uses are conducted solely within a building; o) Printing and reproduction; p) Educational uses exempt from zoning prohibition by General Laws Chapter 40A Section 3. q) Religious uses exempt from zoning prohibition by General Laws Chapter 40A Section 3. r) Alt gallery or museum; s) Public building or use and public service corporations, 18.8.4.2. The following uses shall be permitted by special permit by the Planning Board in the Sub-district A: a) Multifamily dwelling seven or more units; b) Mixed-use structures for uses allowed by special permit. c) Independent elderly housing congregate housing assisted living, nursing care facilities; d) Retail sales establishments excluding automobile service station car wash body shop, automobile repair shop, or sales of motor vehicles of more than 15,000 square feet of floor area; e) Restaurant cafe or other establishment serving food and/or beverages, establishments of more than 15,000 square feet of floor area; f) Hall club theater, or other place of assembly, establishments of more than 15,000 square feet of floor area; g) Hotel or Motel; h) Hospital; i) Warehousing and wholesaling; j) Pet day care or boarding; k) Any drive through facility accessory to an above use; 1) Free-standing automated teller machine; m) Photovoltaic power generation systems; n) Public ag rage, o) Any accessory use customarily incident to any of the above permitted uses, provided that such use shall not be noxious or dangerous to the neighborhood 18.8.4.3 Other uses All other uses are hereby expressly prohibited except uses which are substantially similar in character to the permitted uses enumerated above as determined by the Planning Board shall be treated as requiring a Special Permit to be issued by the Planning Board. 18.8.5 Design Guidelines Redevelopment and new construction within the Overlay District shall be designed in a fashion to achieve one or more of the purposes of Sub-district A described in Section 18.8.0. The following guidelines are intended to aid the Planning Board in its review of projects during both the Master Plan and Definitive Plan review stages as described under Section 18-8.10 and are intended to be flexible guidelines and not rigid standards which the Planning Board may consider: a) Where appropriate new buildings should be oriented to face the public way, set close to the sidewalk with parking located to the side or behind the buildrn s rather than between the building and the street. b) Buildings shall be oriented to encourage convenient pedestrian and bicyclist access and public activity in visible areas. c) Large blank walls should be avoided. New buildings should be divided visually within into sub elements where appropriate to express the functional diversity within the building similarly, commercial ground floors of new buildings snoura emphasize transparency similar to traditional store fronts or the existing mill buildings. d) New curb cuts on existing public ways shall be minimized. e) Where possible, it is preferable to have underground utilities for new and redeveloped buildings. f) Where possible historic features of historic buildings shall be preserved. g) Signage and lighting shall be sufficient and consistent with the proposed use. h) New development shall transition in height density, scale intensity, and use from the existing mill buildings to the surrounding neighborhoods abutting the Sub- district A. 18.8.6 Dimensional and Density Standards 18.8.6.1 Setbacks. (a) Existing Buildings and Structures In keeping with the purpose of Sub-district A it is recognized that the existing buildings have been developed with distinct development patterns to match the traditional needs of the lots and buildings that have made the Historic Mill Area unique. Building setbacks within the Sub-district A for buildings and structures in existence as of the date of adoption of this Section 18.8 shall include a minimum front yard setback side yard setback and rear yard setback of zero. (b)New buildings and Structures Additions to Existing Buildings and Structures. New buildings and structures as well as additions to those buildings and structures existing as of the date of adoption of this Section 18.8 shall be subject to the following minimum dimensional requirements_ (i) A 35 foot setback of a new building from the Sub-district A boundary is required when the Sub district A lot line abuts a residential zoning district located outside Sub-district A subject to Section 18.8.6.2 below. The first 15 feet of the setback abutting the residential zoning district shall remain open and green be suitably landscaped unbuilt upon unpaved and not parked upon. (ii) A 20 foot setback is required from any side or rear lot line for all newly constructed buildings, where not abutting a residential zoning district located outside Sub-district A subject to Section 18.8.6.2 below. (iii)With regard to additions to those buildings and structures existing as of the date of adoption of this Section 18.8, only the new portions of such additions shall be subject to the setback requirements_ under Section 18.8.6.1(b), 18.8.6.2 Building Height (a) Existing Buildings and Structures The building height of buildings and structures in existence as of the date of adoption of this Section 18.8 shall be deemed to be compliant with building height requirements under this Zoning Bylaw Any increase in building height for existing buildings and structures in existence as of the date of adoption of this Section 18.8 shall require a Special Permit issued by the Planning Board. (b) New buildings and Structures; Additions to Existing Buildings and Structures. New buildings and structures as well as additions to buildings and structures in existence on or before the date of adoption of this Section 18.8 shall be limited to 55 feet in building height. by right where located within the underlying I S district or within 100 feet of the underlying I-S zoning district boundary y special permit- and where such buildings or structures are not feet of the underlying in located within the underlying I-S district or within 100 v � I S zoning district boundary the height limit shall be 35 feet by right, and such building or structure having a Building Height in excess of 35 feet but not more than 55 feet shall be permitted only by special permit. Notwithstanding anything to the contrary in this Section 18.8 new buildings or structures as well as additions to buildings and structures constructed after the date of the adoption of this Section 18.8, may be allowed between een 5 5 feet and 70 feet in building height by special permit issued by the Planning Board , provided that a portion of such structure's occupiable space is located within 50 feet of a structure existing on or before the adoption of this Section 18.8, and that no part of such structure is located more than 200 feet from such an existing structure. 18.8.6.3 Floor Area Ratio A maximum Floor Area Ratio of 1.0 shall be permitted by right. By special permit, the Planning Board mqy permit an FAR of Lip to 2.0 where it can be shown to be consistent with the purposes of Section 18.8.0. For the purposes of calculating FAR, the lot area shall be the sum of all parcels included as part of a Master Plan per Section 18.8.10 and located within the Overlay, included may be separated by public rights of way or other privately held land and are not required to be held in common ownership. 18.8.6.4 Extension Alteration and Reconstruction of Existing Buildings and Structures Notwithstanding any provisions of this Zoning Bylaw to the contrary, buildings and structures existing as of the date of adoption of Section 18.8 may be extended or altered or reconstructed provided, that no such extension or alteration or reconstruction shall be permitted unless there is a finding by the Planning Board, as the special permit granting authority, that such change, extension or alteration or reconstruction shall not be substantially more detrimental than the existing structure to the neighborhood and shall be consistent with the purposes of Section 18.8. 18.8.7 Site Design Guidelines To encourage good site design the Planning Board shall encourage the use of the following site design and architectural features where appropriate in reviewing an Application. 18 8 7 1 Urban Design Features a Alleys parks or open spaces patios sidewalks and planting strips outdoor seating areas for private commercial use b Building type (for example townhouse storefront retail) c. Signage 18.8.7.2 Architectural features for aLny work consisting of an increase in floor area through either the placement or construction of a new principal structure a new accessory structure an addition alteration or rehabilitation to a principal or accessory structure a conversion of one use type to another, or any new use or structure requiring a curb cut: a. Building facades (new and rehabilitation&repair) b. Exterior features c. Building height setbacks and build-to-lines d. Exterior materials doors and windows e. Exterior colors f. Signage flags and banners g. Sin design standards as applicable and consistent with Section 6 of this Bylaw h. Exterior illumination 18.8.7.3 On-site and off-site improvements a. Fences and walls b. Patio square or plaza c. Landscaping with areas and plants noted d. Special pavement and sidewalk treatment e. Setbacks and sidewalk and utility easements f. Street and parking lot lighting g. Street furniture trash containers benches news racks kiosks h. Parking standards including shared parking agreements i. Refuse storage and access j. Traffic circulation plan and street im rovements as needed to relieve excessive congestion 18.8.8 Site and Design Standards. The site and design criteria within this Section shall be applicable to all residential projects greater than six (6) units mixed use and nonresidential pro ert . 18.8.8.1 Site Access a. Curb cuts within two hundred(200) feet of intersections shall be minimized. b. Curb cuts greater than thirty (30) feet and driveway openings greater that twent (20) feet shall be minimized Full width curb cuts are prohibited. 18.8.8.2 Parking Existing and proposed structures and uses within the Overlay shall provide adequate off street parking for activities within the development in accordance with the standards described in Section 8.1. The Planning Board may waive any requirements of Section 8 1 including but not limited to, required ratios, design standards or location where it can be shown to further the Purpose of this Section in accordance with the review procedures of Section 18.8.8. Street parking within 100 yards of a parcel shall be deemed included in the parking count for the property. In addition leased or owned parking within 400 yards of the property line may be used to meet the parking requirement by special permit. As part of its review of the Master Plan and subsequent Definitive Plan(s), the Planning Board shall review proposed parking ratios, locations, and design standards to ensure that adequate parking- is provided and that the Purposes of Section 18.8.0 and the Guidelines of Section 18.8.5 are being satisfied. In making this determination, the Planning Board shall consider opportunities for shared parking for visitors to multiple uses on site uses operating at different times of the day or week and the presence of public on-street parking. 18.8.8.3 Bicycle Accommodation. Bicycle parking shall be provided in safe locations, and conveniently accessible to entries and/or sidewalks. An appropriate number of spaces shall be determined as part of Master Plan and subsequent Definitive Plan review. 18.8.8.4 Pedestrian Accommodation. Parking sidewalks and landscaping areas shall provide for safe and convenient pedestrian circulation through the site, to buildings, parking areas, and public ways. 18.8.8.5 Landscaping and nd Appearance Redeveloped or newly developed areas of the site shall be landscaped in an attractive way that enhances the character of the development as a downtown mixed-use neighborhood. a) Any required setback from a residential property, per Section 18.8.6.La shall be screened by a solid fence or tight landscaping having a height of no less than five (5) feet unless such screening_would interfere with sight distance. A chain link fence shall not be permitted. b) New parking areas with more than 20 parking spaces shall devote at least 5% of the interior of parking area to landscaping. In addition a minimum of 1 shade tree shall be planted for every six parking spaces built. In the event planting trees would not be practical amid the parkin area,rea,planting of shade trees elsewhere on the property shall satisfy this requirement. c) A minimum of 1 shade tree shall be planted for every 40 feet of street frontage or fraction thereof in appropriate locations. d) Where appropriate benches,planters outdoor seating and other amenities shall be installed to encourage pedestrian use. 18.8.8.6 Waiver. The preceding provisions under this Section 18.8.8 may by waived as a part of a Sub-district A special permit issued by the Planning Board where such waiver furthers one or more of the Purposes of Section 18.8.0 18.8.8.7 Noise As a mixed-use center containing office, retail, and light industrial uses among others it is acknowledged that tenants as well as mechanical systems may emit noise All development shall comply with applicable state air pollution control re ulations and policies in connection with sound levels. 18.8.8.8 Light The site shall be adequately lit to provide for safety and visibility. Lightiny,instruments shall be oriented or shielded such that they do not havespillover of greater than one foot candle onto abutting properties or interfere with public ways. 18.8.9 Sign Master Plan Notwithstanding anything to the contrar in this Bylaw, and as art of Definitive Plan Ian for the review, the Planning Board ma a rove a com rehensive signage master ro'ect which if approved by the Planninjz Board mgy allow for si na e which deviates from the specific sign requirements of the Zoning Bylaw, including provided that such signage would in the opinion of the Planning Board, be consistent with the general purpose and intent of Section 18.8.0. The signage master plan proposal should show proposed sizes locations and general design approach for signs, banners awnings, t.t c�o�a,�7 to make a etc. in such detail as the Planning Board ma deem reasonably necessary -_-a___ __ decision to approve such master plan Following approval of a signage master plan as art of apy Definitive Plan signs may be installed removed and replaced with the approval of the Building Inspector provided that such signage conforms to the signage plan approved in the Definitive Plan decision. 18.8.10 Plan Review and Approval Process The review and approval process for an application for approval of a project under this Section 18.8 shall be governed by the following review procedures. 18.8.10.1 Uses which are permitted by right are allowed within buildings and structures in existence as of the date of adoption of this Section 18.8 subject to building code and other applicable Town bylaw and regulations. 18.8.10.2 Approval of a use requiring a special permit, and/or approval of a new structure or expansion of an existing structure shall require a special permit subject to the following procedure: 18.8.10.3 Pre Application Conference Prior to the submission of Preliminary Master Plan or Definitive Plan under Sub-district A the applicant, at its option, my confer with the Planning Board and Town Planning Staff to obtain inforrnation and guidance before beginning the formal application process. Asa part of the Pre-Application Conference the Planning Board mqy agree to waive the Preliminary Master Plan process described in Section 18.8.10.4 below and proceed directly with the filing of a Definitive Plan if it deems that the submission of a Master Plan is unnecessary, due to the minor nature of the proposal. 18.8.10.4 Submission and Approval of Preliminary Master Plan. The applicant shall file if not waived by the Planning Board as provided above a Preliminary Master Plan accompanied by an application for Preliminary Master Plan Review with the Plannin Board and the Board shall schedule a meeting at a regularly scheduled Board meeting which shall be noticed in accordance with Section 11 of M.G.L. c. 40A. A copy of the Preliminary Master Plan and the above form shall also be filed in the Office of the Town Clerk The Planning Board shall review and determine whether the proposed project is consistent with the objectives articulated under Section 18.8.0 within 60 days of receipt of the plan by the Town Clerk. In approvm a Master Plan the Planning Board may suggest modifications and changes m anticipation of the filing of the Definitive Plan(s). A Preliminary Master Plan shall include the following components: a) A locus plan showing the names of abutters land uses, location and width of all adjacent streets. b) An existing site plan showing existing buildings or structures parking and circulation areas open space landscaping and topography, easements public areas within or next to the development and lot boundaries and areas. c) A proposed conceptual site plan showing, in a general manner, all proposed buildings or structures parking and circulation areas open space landscapmg and topography, easements public areas within or next to the development, proposed lot boundaries and areas and the proposed system of drainage, including adjacent existing natural waterways. d) A narrative including: a description of the overall concept for the Master Plan including general building locations site improvements and land uses, and demonstrating how the Plan conforms to the Purpose of this Section; a description of the natural features of the site including wetlands floodplams, slopes over 12% soil conditions and other features requested by the Planning Board; and a description of the neighborhood in which the tract lies including environment traffic utilities and other public facilities and the general impact of the proposed Master Plan upon the Town. 18.8.10.5 Submission and Approval of Definitive Plan Following approval of a Preliminary Master Plan the expiration of the 60-day period above without Planning Board action on the Preliminary Master Plan or waiver of the same as provided above the applicant shall file a Definitive Plan accompanied by an application for Definitive Plan Review prior to an application for a building permit. Review of a Definitive Plan shall follow the procedures of Section 18.8.10.9 and Section 9 of M.G.L. c 40A An application for Definitive Plan approval shall include the following components unless waived by the Planning Board: a. A locus plan showing the names of abutters land uses and location and width of all adjacent streets. b. Landscape plans showing proposed plantings. c. Engineered drawings showing proposed utilities storm water management, vehicular circulation parking and other requirements as appropriate. d. Proposed sign master plan as described in Section 18.8.9. e. A narrative describing how the proposed building(s) anticipated land uses, site design, parking circulation landscaping and other features conform to the Master Plan Special Permit and the Purpose of this Section. f. It shall be drawn at a scale of one-inch equals forty feet unless another scale is requested and found suitable by the Planning Board. g. The Plan shall be prepared by a land surveyor, professional engineer, or architect. h. The scale date and north arrow shall be shown. i. The plan shall be certified by the land surveyor doing the boundary survey and the professional engineer or architect on the location of the buildings, setbacks and all other required dimensions elevations, and measurements and shall be signed under the penalties of penury. j. The comer points of the lot and change of direction of lines shall be marked by stone monuments cut in stone stake and nail iron pin or other marker and shall be so marked. k. Lot number, dimensions of lot in feet size of lot in square feet and width of abutting streets and ways. 1. Easements within the lot and abutting thereon. m. The location of existing or proposed buildings on the lot. n. The location of existing wetlands water bodies wells 100 year floodplain elevation and other natural features requested by the Planning Board. o. The dimensions of the existing and proposed buildings in feet. p. The distance of existing and proposed buildings from the lot lines and the distance between buildings on the same lot. q. Percent of the lot coverage. r. Average finished grade of each proposed building. s. The elevation above average finished grade of the floor and ceiling of the lowest floor of each proposed building. t. Existing and proposed topographical lines at two (2) foot intervals. u. Height of all proposed buildings above average finished grade of abutting street- 18.8.10.6 Phasing In the event of phased development of an approved Master Ply the applicant may divide the proposed development described in the Master Plan into several phases which shall be reviewed either through a single combined Definitive Plan or through a series of separate Definitive Plans that address the proposed area of work. 18.8.10.7 Consolidation of Review. An application for approval under this Section T8.8 is also intended to consolidate review and approval under other applicable provisions of this Zoning Bylaw as a single special permit review process with a single special permit issued by the Planning Board To this end if an application for approval under this Section 18.8 also triggers review under Section 8.1 (Parking), and/or 8.3 (Site Plan Approval) and/or Section 6.6 (signs) the Planning Board shall consolidate its review such that an application filed under Section 18.8 for a Sub- district A special permit shall be deemed to satisfy the requirements under Sections 8 1 8 3 and 6 6 and the Applicant shall also use the standards under said Sections 8 1 8.3 and 6.6 as guidance and without the need to file for separate zoning relief under said Sections and the conditions and requirements under Sections 8.1 and/or 8 3 and/or 6.6 shall be incorporated into the Sub-district A special permit review and approval process. 18.8.10.8 Peer Review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the Definitive Plan Approval application. Such fees shall be held by the Town in a separate account and used only for expenses associated with the review of the application by outside consultants including, but not limited to attorneys town counsel engineers urban designers housing consultants planners and others Any surplus remaining after the completion of such review, including any interest accrued shall be returned to the applicant. 18.8.10.9 Procedures a. The Sub-district A Master Plan approved by the Planning Board under Section 18.8 becomes the official development plan for a site for which an application for Sub-district A Master Plan Special Permit is filed. Town permits shall be issued or withheld based upon compliance with the approved Master Plan. The approved Master Plan is legally binding and can only be changed or adjusted in compliance with the provisions contained in Section 18.8.10.10 (Revisions to Approved Master Plans). b. A Master Plan approval is by Special Permit issued by the Planning Board, as special permit granting authority, and shall be noticed in accordance with Sections 9 and 11 of M.G.L. c.40A. c. An applicant for a Sub-district A Master Plan Special Permit shall file with the Planning Department an application form fee the Master Plan and any additional information as may be required as described herein or as provided in regulations and/or instructions of the Planning Board Once the application is deemed complete the Planning Department will forward one copy of the application to the Town Clerk An application will not be deemed complete until all required information and fees are submitted. The time periods set forth in this Zoning Bylaw and M.G.L. c 40A will not start until the application has been deemed complete and submitted to the Town Clerk. The application shall also be subject to the procedures and requirements for special permits under Sections 10.3 and 10.31 of the Zoning Bylaw. d. The Planning Board shall have the authority to require that the applicant pay for necessary professional services required to adequately review and analyze the contents of any Master Plan or technical review requested by the Board. 18.8.10 10 Revisions to Approved Definitive Master Plan (a) Any revisions to a development that has secured Sub-district A Master Plan qpproval shall be submitted to the Town Planner for review. No revisions shall be approved until the Town Planner receives three (3) copies of the revised plan and the revisions placed on the plan fall into the following categories: (i) A change of location and layout of any parking areas) signs storage or accessory buildings, that no Town Bylaws are violated by the change; (ii) The change in the proposed landscaping plan which does not violate any Town Bylaw; (iii) A change of egress and ingress provided the same is in compliance with Town Bylaws and the requirements of the Commonwealth; or, (iv) Such other adjustments deemed minor by the Town Planner with consent by the Planning Board. (b) The revisions cited above may be completed without further approval by the Planning Board upon approval by the Town Planner. The Town Planner may determine that the revisions as shown do not fall into the categories outlined in this subsection and that the proposed revisions are in fact substantial and call for a materially different site plan than approved by the Planning Board in that changes are called for in the type location and manner of the facilities and site improvements to be constructed and shown in the approved Master Plan. (c) If the revisions are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the applicant to resubmit the site plan to the Planning.Board for approval in accordance with the provisions of this section. 18.8.10.11 Standards for Approval—Special Permit. In addition to satisfying the he specific criteria for the grant of a special permit contained in Section 10.31 of this bylaw, and under Section 9 of M.G.L. c. 40A, the Planning Board shall issue a special permit only after consideration of the following factors: a) Compliance with the criteria established under this Section 18.8 unless otherwise waived, b) Impact on the neighborhood visual character, including architectural design, views and vistas; and, c) The project meets one or more of the purposes established under Section 18.8.0. or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote EXPLANATION: This Article proposes to amend the Downtown Overlay District by converting and extending a portion of the existing Downtown Overlay District, which includes the land on which the former Davis & Furber Machine Company mill buildings are located, to'a new Sub-district A: Historic Mill Area of the Downtown Overlay District, designed to establish a clear review process and standards within new Sub-district A. Article 10: Amend Zonine Man—Downtown Overlay District. To see if the Town will vote to amend the Zoning Map for the Town of North Andover by rezoning certain parcels of land to be included within the Downtown Overlay District — Sub-district A: Historic Mill Area, identified on the 2014 Town of North Andover Assessor's Maps as: Map 53 Parcel 25; Map 54 Parcel 1; Map 68 Parcel 10; Map 69 Parcel l; as well as a certain parcel of land depicted as a former railroad right of way and described as Parcel 3 in a deed recorded with the Essex North District Registry of Deeds in Book 10601, Page 340, as more particularly shown as the shaded area depicted on the map entitled "Proposed DOT — Sub-district A: Historic Mill Area", dated March 22, 2015,which map is on file with the Town Clerk, or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote 'i EXPLANATION: This Article proposes to amend the Zoning Map by creating a new Sub- district A: Historic Mill Area of the Downtown Overlay District to coincide with amendments to the Zoning Bylaw text as presented in 'Article 9. The parcels included within the new Sub-district A include those parcels of land formerly owned by the Davis & Furber Machine Company. (See following Map.) :i.•.i � �' y � .%'�,y Goo u r YJ U 41 street ® YPspectseet 'uo tta 3 tau auaaa1 r' o > .r l f5 .0 P �1 CL >° �� � �'�S•%H�t °, F$ a �•�aa�ss rl, �af�a — w \�\�\ SSA �, r'ra � �•! � � � -, 0 Its p m— W Article 11: Amend Zoning Man — Downtown Overlay District (Corrections). To see if the Town will vote to amend the Zoning Map for the Town of North Andover to rezone certain parcels of land to properly describe the Downtown Overlay District originally included within the Downtown Overlay District by Article 41 of the 2009 Annual Town Meeting, identified on the 2014 Town of North Andover Assessor's Maps as: Map 18, Parcel 39; Map 18 Parcel 40; Map 18 Parcel 43; Map 18, Parcel 63; Map 29 Parcel 56; Map 29 Parcel 47; Map 18 Parcel 74; Map 18 Parcel 44; Map 18 Parcel 70; Map 41 Parcel 34; Map 41 Parcel 05; Map 41 Parcel 06; Map 41 Parcel 07; Map 30 Parcel 09; Map 30 Parcel 10; Map 30 Parcel 34; and Map 30 Parcel 12, as more particularly shown as a portion of the shaded area depicted on the map entitled "DOT Map Corrections", dated March 22, 2015, which map is on file with the Town Clerk, or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3) Vote EXPLANATION: This Article amends the Zoning Map to re-insert parcels which were originally included within the Downtown Overlay District adopted pursuant to Article 41 of the 2009 Annual Town Meeting but which were inadvertently deleted when the Zoning Map was re-codified by adoption of Article 34 of the 2013 Annual Town Meeting. (See following Map.) North Andover MIMAP DTO Map Corrections March 27,2015 w �4. tiro e•� w .R. ;'�: y �� Woad-©' u Awl dam in s Go�,�ti/ mooti gar eet b .k, t Union:StreetMain Street A'D ad o"�` •c9�t /et r- dles Article 12: Amend Zoning Map — Machine Shop Village Neighborhood Conservation District. To see if the Town will vote to amend the Zoning Map for the Town of North Andover to rezone certain parcels of land to properly describe the Machine Shop Village Neighborhood Conservation District originally included within the historic district by Article 34 of the 2008 Annual Town Meeting, shown as a portion of the shaded area depicted on the map entitled "Machine Shop Village Neighborhood Conservation District", which is on file with the Town Clerk, or to take any other action relative thereto. Planning Board Board of Selectmen Recommendation: To be made at Town Meeting Planning Board Recommendation: Favorable Action Vote Required: Two-thirds (2/3)Vote EXPLANATION: This Article amends the Zoning Map to re-insert parcels which were originally included within the Machine Shop Village Neighborhood Conservation District adopted pursuant to Article 34 of the 2008 Annual Town Meeting but which were inadvertently deleted when the Zoning Map was re-codified by adoption of Article 34 of the 2013 Annual Town Meeting. (See following Map.) Machine Shop Village Neighborhood Conservation District Map Machine Shop Village Neighborhood C'onsen,atiou Di strict Map (Figure 4) Ku4eabr,' �,• (� sF-' rt o.ar ,1taJ9tr �°'J4r �e �aJacpu ,,,,vxmdmoq „ �iAJ: rP 'roara NlIAIIF �" waJ�Jr M66JJJ ar4sJJ, �C, ,J 5 Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 poRriy Q�YY4lD Y4 qN Joyce A.Bradshaw,CMMC 0 a.` op Telephone(978)688-9501 Town Clerk, * * FAX(978)688-9557 MEMORANDUM TO: Tracy M. Watson, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk 'Z ' DATE: April 23, 2015 SUBJECT: 3 One Day License Requests Merrimack College has the following One Day License requests: Wine & Malt: April 30, 2015 (Thursday) 4:30 pm to 7:30 pm for Science &Eng. Dept. Award Celebration, Cascia Hall May 14, 2015 (Thursday) 5 pm to 7 pm for a Community BBQ, O'Brien Plaza All Alcohol: May 7, 2015 (Thursday) 4 pm to 8 pm for a College Leadership Council Reception, MAC Bldg Reviewed by: Police Department—standard conditions Fire Department—no conditions Building Inspector—no conditions TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: MERRIMACK COLLEGE Name&Address of Responsible Party: MERRIMACK COLLEGE/MUKTA SHAH 315 TURNPIKE ST,NORTH ANDOVER, MA-01845_ Contact Number& Emai: SHAHMU @MERRIMACK.EDU 978-837-5547 Location of Event: Cascia Hall Type of Event: _Science &Engineering Departmental Award Celebration Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 4/30/2015 4:30PM TO 7:30PM Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine& Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol? SOD EXO/M ERR[MACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIP Certified I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Ancloygr is in noway responsible for the actions of the applicant. is Applicant's Signature Date NORTH ANDOVER ---Community Partnership--- Operations Division Lieutenant Charles P. Gray i TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray RE: One Day Liquor License Request-Merrimack College April 30, 2015 DATE: April 21, 2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in confonnance with applicable General Laws, including,but not limited to, MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one (1) week from the event. These can be delivered United State Postal Service, Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: MERRIMACK COLLEGE Name&Address of Responsible Party: MERRIMACI<COLLEGE/MUKTA SHAH 315 TURNPIKE ST,NORTH ANDOVER, MA-01845 Contact Number& Emal: SI-IAHMU@MERRIMACIC,EDU 978-837-5547 Location of Event: Cascla Hall ................ Type of Event: _Science&Engineering Departmental Award Celebration Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 4/30/2015 4:30PM TO 7:30PM Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who Is serving the alcohol? SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIP Certified 1,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Ando _ r is in no way responsible for the actions of the applicant. is Applicant's Signature Date 'TOWN OF NORTE ANDOVER Fire Departmetit Central Fire FleadqUartexs---Fire Preventimi Office 124 MAIN STREET NORTI-i A114DOV E�R., MASS.A(.",1 IUSETTS 01815 t% RTH 1'eleplimie(978) 688-9593 Aiidrew Melrdl<as Fire Chief FAX (978) 688-9594 Lt, F. McCarthy � ma qrneGmka,5 .......... �nvjLqLnorthandovencom Fire Prevention Officer VAC'us fln ec"'Irchy �ynoffiorthandpver.qom ............ ------ Town Clerk Office 124 Main St North Andover, Ma April 21, 2015 The Fire Department recommends favorable action in granting a one day alcohol license [Wine&Malt] to Merrimack College at Cascia Hall on April 30, 2015 for an award celebration. Regards, Lt. Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Tuesday, April 21, 2015 9:20 AM To: Fitzgibbons, Karen Subject: RE: Last minute 1 day request Building Dept has no issues From: Fitzgibbons, Karen Sent: Tuesday, April 21, 2015 8:21 AM To: Gray, Charles; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Melnikas, Andrew; Morrison, Diane; Leathe, Brian Subject: Last minute 1 day request Good Morning All, l The attached request from Merrimack College just arrived this morning. It must be placed on the 4/27/15 agenda as the event is on 4/30/2015. If possible, need your recommendations by noon tomorrow,Wednesday. Thank you for your co- operation. Karen i TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: MERRIMACK COLLEGE Name&Address of Responsible Party: MERRIMACK COLLEGE/MUKTA SHAH 315-TURNPIKE ST,NORTH ANDOVER, MA-01845 Contact Number&e-mai: SHAHMU @MERRIMACK.EDU 978-837-5547 Location of Event: O'Brien Plaza Type of Event: _Community BBQ (SENIOR WEEK EVENT) Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 5/14/2015 513M TO 7PM I Non Profit Organization Other Than Non Profit i Wine & Malt X All Alcohol Wine & Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol? SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIP Certified I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North And er s responsible for the actions of the applicant. ; '7�42 7 /ao 15 Applicant's Signature Date NORTH ANDOVER rr ---Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray (1�� RE: One Day Liquor License Request-Merrimack College May 14, 2015 DATE: April 16, 2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including,but not limited to,MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one (1) week from the last day of the event. These can be delivered United State Postal Service, Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 TOWN OF NORTH ANDOVER Fire Depart�,nent Central Fire fleadquarters Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACI-IUSETTS 01845 Andrew Melnikas 1'elcphoyie(978) 688-9593 Fire Chief' FAX (978) 688-9594 1,L F McCarthy irne1EtjLg,5a) ytLlQfii-)r,tliatido�ler,,coni Fire Prevention Officer CHW wjrthandover.corn Town Clerk's Office 124 Main St North Andover,Ma April 10, 2015 The Fire Department recommends favorable action in granting a one day liquor license [Wine&Malt] to Merrimack College on May 14, 2015 for the purpose of a community BBQ as part of senior activities. Regards' Lt. Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Thursday, April 09, 2015 8:45 AM To: Fitzgibbons, Karen Subject: RE: One Day Request The Building Dept has no issues From: Fitzgibbons, Karen Sent: Thursday, April 09, 2015 8:43 AM To: Gray, Charles; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Melnikas, Andrew; Morrison, Diane; Leathe, Brian Subject: One Day Request Good Morning, Attached please find a request from Mukta Shah, on behalf of Merrimack College for a One Day Wine & Malt License. Kindly have your recommendations back to me no later than Wednesday, April 15, 2015. Thank you, Karen i TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: MERRIMACK COLLEGE Name&Address of Responsible Party: MERRIMACK COLLEGE/MUKTA SHAH 315 TURNPIKE ST, NORTH ANDOVER, MA-01845_ Contact Number&Emai:SHAHMU @MERRIMACK.EDU 978-837-5547 Location of Event: Teaching&Learning Center, MAC Building Type of Event: _College Leadership Council Reception) Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 5/07/2015 4PM TO 8PM Non Profit Organization Other Than Non Profit Wine&Malt All Alcohol X Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol? SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIP Certified I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of NortA.d ver is i no way responsible for the actions of the applicant. Appli Signature Date NORTHANDOVER JL -•-Community Partnership•-- Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray CAL RE: One Day Liquor License Request-Merrimack College May 7, 2015 DATE: April 13, 2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including,but not limited to,MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one (1) week from the event. These can be delivered United State Postal Service, Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 TOWN OF NORTH ANDOVER Fire Depaylment Central 1"ire Headquarters Fire Pre��endon Office q 24 MAIIIN STR EET NORTH ANDOVER, MASSACHL.JSE-1-I'S 01845 ORTH Andrew Meinilkas –.. "k. Telephone (978) 688-9593 0 Fire Chie�-' FAX (978) 688-9594 Lt F. McCarthy arneinikas townol'borthandover,com Fire Prevention Officer CHUS ...............—@_ fine catlliy(Lptg�y iio,f'ii�.,)ilt iandovei-.coyii ----------- Town Clerk's Office 124 Main St North Andover, Ma April 10, 2015 The Fire Department recommends favorable action in granting a one day liquor license [All Alcohol] to Merrimack College on May 7,2015 at the Mac Building for the purpose of a reception. Regards, Lt. Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Leathe, Brian Sent: Wednesday, April 15, 2015 4:08 PM To: Fitzgibbons, Karen Subject: RE: One Day Request The Building Department has no issue with this request.. Jerrys on vacation From: Fitzgibbons, Karen Sent: Wednesday, April 15, 2015 2:41 PM To: McCarthy, Fred; Leathe, Brian Subject: One Day Request Fred, this is the one day that I'm looking for a recommendation on. Tomorrow by noon will be fine. Thank you. Brian, Gerry never responded to this request. Can you please respond by noon tomorrow???Thank you. Karen 1 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH 06 Joyce A.Bradshaw,CMMC p Telephone(978)688-9501 Town Clerk, u FAX(978)688-9557 C14US MEMORANDUM TO: Tracy Watson, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk DATE: April 22, 2015 SUBJECT: One Day Requests Attached are 2 One Day License requests for events to be held at Smolak Farms: All Alcohol: May 10,2015 (Sunday) 4 pin to 9 pin for a wedding reception, applicant is Nathan Aldrich May 15,2015 (Friday) 3prn to 8 pm for a 10t'Anniversary celebration for Atlas Devices, applicant Deborah Ingalls Reviewed bj: Police Department—standard conditions Fire Department—no conditions Building Inspector—no conditions � � � ' � TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY REDOD4k4ENDED) Location Organization holding event: Name&Address of Responsible Party-, 7c 4-E�r Lr Contact Number& e-mail _of- _. | (J Type wEvent � � 0 the event being cntered? 6e S) No `--~ Narne of Caterer Date&Time of Event: — Non Profit Organization OtherThn Not) Profit Wine & Malt Wine-& Molt 11 Alcohol�' ALCOHOL K4USTDEPURCHASED BY THE LICENSEEPROM AWHOLESALER Has permission been received from the property owner to hold Lh$event7 \ | Who is serving the alcohol? Does the server have liquor liability insurance? � � Have servers had training |n alcohol service? 1, the undersigned, understand and. agree to the restriction and responsibilities of holding a One Day Alcohol License and ce/1ifvtha1 | am not prohibited from holding such license, | agree that the Town of � North Andove ay responsible for the actions o/the applicant. � Applicant's Signature Date | � � � r � NORTH ANDOVER r -••Community Partnership•-• Operations Division Lieutenant Charles A Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray RE: One Day Liquor License Request- Smolak Farms May 10, 2015 DATE: April 13, 2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including, but not limited to, MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified, Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1)week from the event, These can be delivered United State Postal Service, Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 'FOWN OF NORIM ANDOVER Fire Departiicnt C'entral Fire Headqt.iarters— Fire Prevention Office, 124 MAIN S'I'REE' I N01UTI Al II-I)OVER., MASSACI-IUSETTS 01845 A,nidrew MeInikas Telephone(978) 688-9593 Finz,,chier FAX (9"781 888-9594 U F, McCarthy 4,0.0 1 am e In i kaSC4),.townqfhorth andover.com .......... Fire Prevention Officer S,54US fmccarth )Aqgf porthandover.com Town Clerk's Office 124 Main St North Andover, Ma April 10,2015 The Fire Department recommends favorable action in granting a one day liquor license [All Alcohol] to Smolak Farms on May 10,2015 for the purpose of a wedding. Regards, Lt. Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Thursday, April 09, 2015 9:44 AM To: Fitzgibbons, Karen Subject: RE: One Day Request The Building Dept. has no issues From: Fitzgibbons, Karen Sent: Thursday, April 09, 2015 9:25 AM To: Gray, Charles; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Melnikas, Andrew; Morrison, Diane; Leathe, Brian Subject: One Day Request Hello, Attached please find a 1 Day All Alcohol request from Nathan Aldrich for a wedding reception at Smolak Farms. Kindly have your recommendations to me by Wednesday,April 15, 2015 or sooner. Thank you, Karen i TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION (30 DAY NOTICE STRONGLY RECOMNIENDED) Organization holding event; CO Name&Address of Responsible Party, �� cz4c,V W-)� cl-7,a c0 q Contact Number& e-mailer Location of Event; ' A�� c Type of Event: Is the event being catered; Yes No Name of Caterer Date&Tlme of Event; 1 ` � Non Profit Organization OtherThan Non Profit Wine&Malt 6 1 Aleot of Wine&Malt ALCOHOL MUST:BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? 4 , Who is serving the alcohol? t 1l �` �P� � Does the server have liquor liability insurance? Have servers had training in alcohol service? I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature Date Al. NORTH ANDOVER IMEMEEM ---Community Partnership-•_ - Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray QQG RE: One Day Liquor License Request- Smolak Farms May 15, 2015 DATE: April 16, 2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including,but not limited to, MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1)week from the event. These can be delivered United State Postal Service, Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 'rOWN OF N(',)R,rH ANDOVER Fire Dejxairtn� ent -Fire Prevention Office 124 MAM STREET NORTH ANDOVEIZ, MASSACHUSETI'S 011845 000TH Andrew MeInikas F T Fire;Chief elephone(978)688-9593 0 FAX (978) 688­9594 U F. McCarthy qmeIInikas@) town o fiwrthanclover.con Fire Prevention Officer SS aius ------------- fln g.c_ an d over q oni Town Clerk Office 124 Main St North Andover,Ma April 14,2015 The Fire Department recommends favorable action in granting a one day [All Alcohol] license for an event at Smolak Farms on May 15,2015. The event is sponsored by Atlas Device. Regards, Lt. Frederick McCarthy Fire Prevention 978-688-9590 Fitzgibbons, Karen From: Brown, Gerald Sent: Thursday, April 16, 2015 5:55 PM To: Fitzgibbons, Karen Subject: Re: One Day Request The Bulding dept has no issues Sent from my Whone On Apr 15, 2015, at 2:10 PM, Fitzgibbons, Karen <kfitzgib @townofnorthandover.com>wrote: Hi All, Attached please find a request for a One Day All Alcohol License from Atlas Devices for a 10tH anniversary celebration to be held on May 15, 2015. Please have your recommendations to me no later than Monday, April 20, 2015. Thank you for your co-operation. Karen <201504151552.pdf5 i i TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH OFjt�ec dgNO Joyce A.Bradshaw,CMMC p Telephone(978)688-9501 Town Clerk, * FAX(978)688-9557 �9SSpCHUSEt�� MEMORANDUM TO: Tracy Watson, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor,Town Manager FROM: Karen A. Fitzgibbons, Asst. Town Clerk DATE: April 22, 2015 SUBJECT: One Day Request A One Day Request for Wine &Malt,has been submitted by Eli Bailin on behalf of Green Stride: May 3, 2015 (Sunday) 10 am to 2 pm for a road race beginning and ending at Jimmy's Famous Pizza, Osgood Street. A note is included from Frank Stamos allowing the use of his property for this event. , Reviewed by: Police Department—standard conditions Fire Department—no conditions Building Inspector—no conditions TOWN Of WORTRANDOVEP ONEDAYU000 R LICENSt APPLICATION (30.DAY NOTICE STRON61LY RECOMMEK00) OrganizOtion holding ovent: in Name-&-Address of RP-sponsible.Party:. 0S 0*1 Contact Number& e-mail. c) Location of Event: k 7=c,, cu TyP8&:Ev.ent; is the.event being catered? Name of Caterer gate&Time:6f'Event. N) Z, C, 0 Non Profit Orga'nizatibn. E�th&Th an Nobi Profit. Wine malt Aft Alcohdf awine, Vii.Malt ALCOHOL MUST..BE V U RC HAS tD I BY TH�_LICENSEE FA0M:A:1f R0.LESALfR Has p ermission been received from the property owner-to hold this event? _2 Who is serving the almhol? Hake servers dad jr 61: ce ai.ning:in 01coh 5e rvi I, the o.deri*signed n 0 understand and-agree t the vestricti on and respoi-isibifities of holding a:One Day ft o hi,hotdifig suc.h.Ij*cehse. I agree that the Town of North h-An p �a�,rpsponslble for the actions of the 000011L d.- y Ap I I I c a 0 t.s Signature Dale h ' NORTH ANDOVER lk A W AJ-L%-"A:d rH AN� ---Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray RE: One Day Liquor License Request- Green Strides May 3, 2015 DATE: April 14, 2015 i Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including,but not limited to, MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1) week from the event. These can be delivered United State Postal Service, electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 TOWN OF NORTH ANDOVER Fire Deparbuent Central Fire, HeadqUarters--- 1`4v Prevention Office, 124 MAIN STREET NORTH AND(-)VF,R, MASSACHUSET'I'S 0 i 845 ORTH Andrew Mel nikas .0 "Ielephone(978)688-9593 0 Fire Glief FAX (978) 688--9594 [-,t, [ MCC'afthy i I Tt-I -v r r c rnn �.�� Fire Prevention fffi=r ,V� CHUS fui[i,ecai-tliyCA)I_c) ilaLf!lgi-tiiai,iclov�r,,coirt Town Clerk's Office 124 Main St North Andover, Ma April 14,2015 Karen, The Fire Department recommends favorable action for granting a One Day Wine and Malt License for a running event on May 3, 2015 sponsored by Green Stride. This event will be held at Jimmy's Famous Pizza, Osgood St. Regards, Lt. Fred McCarthy Fire Prevention Fitzgibbons, Karen From: Brown, Gerald Sent: Monday, April 13, 2015 4:53 PM To: Fitzgibbons, Karen Bld has no issues Sent from my iPhone 1 Fitzgibbons, Karen From: Fotios Stamos [fstamos @gmail.com] Sent: Tuesday, April 14, 2015 8:59 AM To: Fitzgibbons, Karen Subject: North Andover Marathon - Sunday, May 3rd Good Morning Karen, I hope you are doing well. I spoke with Eli,the organizer of the N.A. Marathon and he asked me to email you. I am allowing Eli to use my property to host his event. Let me know if you anything else from me. Thank You, Frank Stamos 1591 Osgood Properties 617-293-8557 1 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NaRTp aFtt,.eD y`'�.yo Joyce A.Bradshaw,CMMC 10 b4f op Telephone(978)688-9501 Town Clerk, * FAX(978)688-9557 ��sSA1CH�5E� MEMORANDUM TO: Tracy Watson, Chairman,Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Karen A. Fitzgibbons,Asst. Town Clerk `s DATE: April 22,2015 SUBJECT: Restaurant All Alcohol License&Entertainment License request Atty. Jonathan Rossi, on behalf of his client, Kanitta Newton,has submitted applications for an �OM M D All Alcohol Restaurant License and an Entertainment License. The restaurant, Lots of Eats, Vi � ^ Inc, is proposing to locate at 1211 Osgood Street, Unit 4, at the former McLay's Florist site. A legal ad was placed in the Eagle-Tribune on April 15, 2015 and abutter(s)have been notified. Hours of operation will be Monday thru Friday 11:30 am to 2:30 pm and 5 pm to 10 pm. Saturday and Sunday 11:30 am to 10:00 pm. Reviewed by: Police Department—standard conditions Fire Department—no conditions Building Inspector—no conditions 4 f TOWN OF NORTH ANDOVER 4 .BOARD OF SELECTMEN GENERAL APPLICATION Thisis a general application for a Iicense"tliat the Boar, of Selectmen may grant.All license. appliedionsIo the North-Andover Board of Selectmen must be accompanied by-the-following. 1' information. Indicate if license is: neW It i't t f 4 r, ❑ change of dba❑ Other' Lis�pe of license(s)applying for: ` Com►non VictOaller Package Store All Alcohol E]C1assI.No:of vebicles.fordisplay:_ RestaurantAll Alcohol ❑ Package Store Wine&Malt ❑Class H M.ofvehicles for display:_ Restaurant Wine&•Malt QPortune Teller ❑ Club All Alcohol ❑Vehicle for,1Ttty hA No of.Vehicles: ❑ Annual Entertainment Sunday Enteftaiticnent EIectronic Games-list below: I Jukebox i ❑ Billiard Table No.of tables: Business Name(legal): .ot-s of 'Eats, Tnc. dba: Pleasea.ttach copy of business certificate if applying as dba or individual. If business is a corporation or.LI,C,.please attach: l;. Cettificafd of Good Standing-from the Secretary of State's Office, 2. Corporate Vote.authorizing business at.the location. Address of licensed premises (include zipcode)1 211 0GCr0 nd St-_ .. #4. North Andover, �Aj inailing address (if.different than above-address): 22 Summer St- . Biddeford, ME 04005 Naimeofindividuai/applicant authorized to apply for license: Kani t t a 1vPWtnn Business-.tef.no, of applicant:2 0 7—8 0 7—8 3 2 4 Business. email;kanittaMotmail.com 1} F.RI.N:0.I.N.). 47-1937138 i. Please check one of the following:❑own premises ®lease premises❑property under P&S Name and:address of property owner.if different from.license holder: LLG 121,1 O good St North Andover. MA 0 845 a ress If applicable,.-please.atfach copy of lease and/orPurchase and Sales Agreement. Do you currently hold asimilar Iicense? Whattype? Restaurant/Liquor in Maine Have you previously applied for a license? (Yes)❑ (No)❑ 1 Have you ever. had a license revoked? (Yes)❑ (No)❑ If yes,please indicate why: 4 , i i If thefe is a.building orstructure associated with the 1cense, please submit the following (preferably on 8112 x 11" .paper-no larger than..8 1/1 x 14i'): .......... ........ 1.Floor-plan-(include seating area), and 2.Site plan'ifidicatirig.p4ddhg areas and access to town ways. If applying for a Class l'or Class 11 license,please submit a plot plan that shows: L The-nuthber of the vehicles on display 2.The exact location of the vehicles 3,Customer parking 4.Office-area Proposod• our . f 'on: 01 1 0 § .Monday n Thursday T Tuesday R—_0WRn_ Friday — n Wednesday A 2 Z-?A 3 Reaturday-11 3 0—10 0 0 Sunday 11 3 0—10 0 0 I alyf (Specify liquor iiiie`hours if-different than regular establishment hours): Has the applicant operated a-similar business? (If applicable) Name.of Business: Thai Me Address: 144 Main St. , Biddeford, ME 04005 FederatTax No.(If applicable): 27-2928754 I certify that the North-Andover Police.Department may run a:criminal records check for any prior offenses and that.this inf6rination may be transmitted to the Local Licensing Authority at their request ) Date: M/27/0 Signalure: e I certify under the penalties of perjury that 1,to the best of my knowledge and belief, have Piled all state tax returns and paid all state and local taxes required by law. Date-,03/27/1,55ignature: K-10 I Ne4on I-cerfl:fy that I have read through the conditiom included with this license-and agree to comply with any fuAer stipulations that the Licensing Authority may from time to time approve, I also hereby authorize the Licensing Authofity or their agent to conduct whatever investigation or inquiry is necessary io-verify-the.information contained in this application. Date:03/2-7/15 5ignature., 1\c-A Please contact the Town Clerks Oftite at(97$)688-9502 if you have any questions regarding E. this applitption form. Reviewed end amended:-1011 4 vrtrp w- The Licensing Commission for the Town of North Andover � APPLICATION-FOR AN ENTERTAINMENT LICENSE The undersigned respectfully applies for an entertainment license as follows: LOCATION OF PREIVIISE8 121 1 Osgood S t. ,CLASS OF LICENSE: ?. DESCRIPTION OF PREMISES: Thai Restaurant HOURS OF OPERATION:'Weekly �` F J 1 '3 0 et Ni. Sunday/Saturday 11 :30-10:00 p.m. I I Please check appropriate.item(s): Radio f, JUKEBOX AYYIPLMRS PHONO: CABLE TV: pE MESCREEN TV CASSETTE OPER.TV MOVIES: INSTRUMENTAL,MUSIC: N©.OF INSTRUMENTS: Type of•instrarnents:, What floors l VOCAL MUS-10 No of-persons- DANCING BY PATRONS: Typo of Dancing; 'Mist Moors? Size of dance floor: Exhibition or-Trade Sh W Describe: Play: Describe: Moving Picture$how: Describe: Floor Show: Describe: Athletic Event: Describe: .............. Page 2 Did you hold an entertainment license fromithe Co M."MU ssion pursuant.to section 183A of _1407 No ...If ves,was it for the exact same entertainment being requested in this petition? I Kanitta Newton the applicant or representative,certify to the following: I have read and understand all the requirements that.may be imposed upon the applicant under Chapter -140i. Section 183A this license and those policies of the Licensing Commission regarding entertainment. That the only form of entertainment which may be allowed on the premises, if the application.is approved, will be that which the Licensing Commission approves based upon my-.application. That all statements piovided.herein-are true and are complete as possible, That I understand.that this license may be suspended or revoked should the Commission find that any items of information sought and given-on.this application are either untrue or not complete, or, that the applicant is found to. have conducted the entertainment outside the provision of the above,cited laws and.regulations and outside of the approval given on such liddtse•.or permit. IGnitt NQUitW, Signature of Appueaht Date:_2227/1,13 i �RrH Ariv r, N""'RTH ANDOVER IWE -�gg MEMO= U ---Community Partnership--- Operations Division Lieutenant Charles P. Gray i i I TO: Karen Fitzgibbons FROM: Lieutenant Charles Gray RE: Restaurant All Alcohol License Request-Lots of Eats Inc. DATE: April 21, 2015 Please be advised that the following All Alcohol Restaurant license request has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including, but not limited to, MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers be TIP certified. There was a background chec k and fingerprint analysis com p leted and there are no issues at this time. � I 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-681-1172 TOWN OF NORTH ANDOVER Fire Department Fire Prevention Office Central Fire Headquarters 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Telephone(978)688-9593 FAX (978)688-9594 Andrew Melnikas Fire Chief aiiiehiikasQToii i7olNOi'tl7AiidOVei'.coin Lt Frederick McCarthy Fire Prevention Officer F.McCarthy a totia'nofnorthandoi,er.com i April 22, 2015 I To: Karen Fitzgibbons From: Andrew Melnikas Re: Lots of Eats,Inc The Fire Prevention Bureau of the North Andover Fire Department has reviewed the request/plans by Lots of Eats to open a business to be located at# 1211 Osgood St. They(Lots of Eats)have complied with all of our requirements and, as a result, we have no objection to their request. G Chief ew dMejhiikas Fitzgibbons, Karen From: Brown, Gerald Sent: Tuesday, April 14, 2015 5:17 PM To: Fitzgibbons, Karen Subject: RE: New Business The Building Dept has no issues From: Fitzgibbons, Karen Sent: Tuesday, April 14, 2015 8:45 AM To: Gray, Charles; McCarthy, Fred; Brown, Gerald Cc: Gallagher, Paul; Melnikas, Andrew; Morrison, Diane; Leathe, Brian Subject: New Business Good Morning All, Attached please find applications for an All Alcohol Restaurant License and Entertainment License. The restaurant"Lots of Eats, Inc." is proposing to open at the former McLay's Florist, 1211 Osgood Street. As I am placing these applications on the 4/27/2015 BOS agenda,your recommendations should be back to me by Tuesday,April 21, 2015 or sooner. Thank you for your co-operation. Karen 1 i I i Abutter to Abutter( X ) Building Dept { ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing Subject Property: MAP PARCEL Name Addres s 35 8 1211 Osgood Street,LLC 1211 Osgood Stree4 North Andover,MA 01845 Abutters Properties Map Parcel Name Address 34 12 Elizabeth Barker 201 Bradford Street,North Andover,MA 01845 i This certifies that the names appea ing on the records of the Assessor ce as of Certified by: t3ate /�S� MORMS,ROSSI&11ANES ATTORNEYS AT LAW 32 CHESTNUT STREET ANDOVER, MASSACHUSETTS 01810 MICHAEL W.MORRIS, SR. TELEPHONE(978)475-1300 LAURENCE J.ROSSI FAX(978)474-0478 DANIEL A.HAYES,JR.* E-Mail:MRH.ANDOVER @VERIZON.NET MELISSA MORRIS DANISCH* WAYNE F.SIMMONS,JR.' MICHAEL W.MORRIS,JR.* JONATHAN J.ROSSI *Also admitted in NH April 17, 2015 VIA CERTIFIED AND REGULAR MAIL Elizabeth Barker 201 Bradford Street North Andover, MA 01 845 Ms. Barker: NOTICE TO ABUTTERS Notice is hereby given that Lots of Eats, Inc. will be going before the License Commission on Monday,April 27, 2015 at 7:00 p.m. at the Board of Selectman's Meeting Room, 120 Main Street,North Andover, Second Floor in the matter of obtaining an All-Alcohol Liquor License for the operation of a Restaurant at 1211 Osgood Street, Unit 4,North Andover, MA. Please see attached publication from the April 15 edition of the Eagle Tribune. Very truly_y�urs, Jonathan J. 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Wednesday ApnF 2�Z4jS,at fA3fl _ , Requests for: esrgtler`Applrca ; a tr} �ailieo,+rheryC�razet,4Zl=a_ Woos mab�downloadet#,through; Nfethuen,MA-01844 the`City Yebsife at httpy/brds ,service change HI 5, iPlarvp requestaR-- • ...<._�._.___. :..: = _ presented'atihe healing ,. . .,s,,,,:,.,.._ .•- i ry _ The Commonwealth of Massachusetts -- Alcoholic Beverages Control Commission 239 Causeway Street U1W Boston,MA 02114 www.massov/abcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION .......... ................... - ._..__._... ._.... . -.._...-.._._._. _........... . .... . . _MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE,PRINTED,SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER IF USED EPAY,CONFIRMATION NUMBER A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) LICENSEE NAME Lots of Eats,Inc. ADDRESS 12110sgood Street,Unit 4 CITY/TOWN North Andover STATE MA ZIP CODE 01845 TRANSACTION TYPE(Please check all relevant transactions): ❑ Alteration of Licensed Premises ❑ Cordials/Liqueurs Permit ❑ New Officer/Director ❑Transfer of License ❑ Change Corporate Name ❑ Issuance of Stock p 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 X❑ New License ❑ Seasonal to Annual ❑ Other I ^ THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS T0: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 APPLICATION FOR RETAIL ALCOHOLIC BEVERAGE LICENSE City/Town North Andover 1.LICENSEE INFORMATION: A.Legal Name/Entity of App I lca nt:(Corporation,LLC or Individual) Lots of Eats,Inc. ...............----._...•-___-_____..__.................._......__.._.....__._..._...- --......_ ........ .... ... . ......... .- _._...... . . . ........ B.Business Name(if different): C.Mana g er of Record: Kanitta Newton D.ABCC License Number(for existing licenses only) E.Address of Licensed Premises 1211 Osgood Street,Unit 4 City/Town: North Andover State: MA Zip: 01845 F. Business Phone: (207)807-8324 G.Cell Phone: (207)807-8324 H.Email: kanitta2 @hotmail.com I.Website�: J.Mailing address(If different from E.): City/Town: I State: Zip: 2.TRANSACTION: X❑ New License ❑ New Officer/Director ❑Transfer of Stock [] Issuance of Stock ❑ Pledge of Stock ❑ Transfer of License ❑ New Stockholder ❑ Management/Operating Agreement ❑ Pledge of License The following transactions must be processed as new licenses: ❑ Seasonal to Annual ❑ (6)Day to(7)-Day License ❑ Wine&Malt to All Alcohol IMPORTANT ATTACHMENTS(1): The applicant must attach a vote of the entity authorizing all requested transactions,including the appointment of a Manager of Record or principal representative. 3.TYPE OF LICENSE: 0 §12 Restaurant ❑ §12 Hotel ❑ §12 Club ❑ §12 Veterans Club ❑ §12 Continuing Care Retirement Community ❑ §12 General On-Premises ❑ §12 Tavern(No Sundays) ❑ §15 Package Store 4.LICENSE CATEGORY: 0 All Alcoholic Beverages ❑ Wine&Malt Beverages Only ❑ Wine or Malt Only ❑ Wine&Malt Beverages with Cordials/Liqueurs Permit 5. LICENSE CLASS: 0 Annual ❑ Seasonal 6.CONTACT PERSON CONCERNING THIS APPLICATION(ATTORNEY IF APPLICABLE) NAME: Jonathan 1.Rossi,Esq. ADDRESS: 32 Chestnut Street CITY/TOWN: Andover STATE: MA ZIP CODE: 01810 __.... ......_................. _._.._...._...._..._ CONTACT PHONE NUMBER: (978)475-1300 FAX NUMBER: (97g)474-0478 —� EMAIL: jjr.mrh @verizon.net 7.DESCRIPTION OF PREMISES: Please provide a complete description of the premises to be licensed.Please note that this must be identical to the description on the Form 43. single level restaurant with 1 entrance and 3 exits.Enter into a small waiting area with the host station.Then enter into the Bar area,which has 6 seats.the dining area is spread out with 14 seats in one area and another 26 seats in the second section.next to the Bar area is the Kitchen,where to the left are the cooking stations and to the right is the storage area,sinks and the walk-in refrigerator and freezer.behind the kitchen is a hall way that leads to the bathrooms and janitor closet. Total Square Footage: 2094 Number of Entrances: 1 Number of Exits: —� Occupancy Number: Seating Capacity: 4 8 IMPORTANT ATTACHMENTS(2): The applicant must attach a floor plan with dimensions and square footage for each floor&room. 8.OCCUPANCY OF PREMISES: By what right does the applicant have possession and/or legal occupancy of the premises? Final Lease IMPORTANT ATTACHMENTS(3): The applicant must submit a copy of the final lease or documents evidencing a Other:F_ legal right to occupy the premises. Landlord is a(n): LLC Other: Name: 1211 Osgood Street,LLC Phone: (617)901-4854 Address: 1211 Osgood Street City/Town: North Andover State: MA Zip: 01845 Initial Lease Term: Beginning Date 03062015 Ending Date 03062020 Renewal Term: 1 Options/Extensions at: 5 Years Each Rent: $46,068.00 Per Year Rent: $3,839.00 Per Month Do the terms of the lease or other arrangement require payments to the Landlord based on a percentage of the alcohol sales? Yes ❑ No ❑ IMPORTANT ATTACHMENTS(4): 1.If yes,the Landlord is deemed a person or entity with a financial or beneficial interest in this license. Each individual with an ownership interest with the Landlord must be disclosed in§10 and must submit a completed Personal Information Form attached to this application. 2.Entity formation documents for the Landlord entity must accompany the application to confirm the individuals disclosed. 3.if the principals of the applicant corporation or LLC have created a separate corporation or LLC to hold the real estate,the applicant must still provide a lease between the two entities. 9.LICENSE STRUCTURE: The Applicant is a(n): Corporation Other: F � If the applicant is a Corporation or LLC,complete the following: Date of Incorporation/Organization: 09/24/2014 State of Incorporation/Organization: Massachusetts is the Corporation publicly traded? Yes No __.......... --._....__._..._............._.__.......--..-----.---........._...-.. .........�._........ _... _.. . ............... . 10.INTERESTS IN THIS LICENSE: List all individuals involved in the entity(e.g.corporate stockholders,directors,officers and LLC members and managers)and any person or entity with a direct or indirect,beneficial or financial interest in this license(e.g.landlord with a percentage rent based on alcohol sales). IMPORTANT ATTACHMENTS(5): A.All individuals or entities listed below are required to complete a Personal information Form. B.All shareholders,LLC members or other individuals with any ownership in this license must complete a CORI Release Form. Name All Titles and Positions Specific#of Stock or%Owned Other Beneficial Interest Kanitta Newton President,Director 60% Inorn Ongkeo Treasurer,Clerk Director 40% i *If additional space is needed,please use last page. 11.EXISTING INTEREST IN OTHER LICENSES: Does any individual listed in§10 have any direct or indirect,beneficial or financial interest in any other license to sell alcoholic beverages? Yes ❑x No ❑ if yes,list said interest below: Name License Type Licensee Name&Address I Kanitta Newton §12 Restaurant Thai Me,144 Main street,Biddeford,ME 04005-Director/Shareholder Inorn Ongkeo §12 Restaurant Sala Thai,1363 Washington Ave,Portland,ME 04103-Director/ShareholW,4- Please Select IPlease Select 1Pleas6 Select Please Select IPlease Select *If additional space is needed,please use last page. i 12.PREVIOUSLY HELD INTERESTS IN OTHER LICENSES: Has any individual listed in§10 who has a direct or indirect beneficial interest in this license ever held a direct or indirect,beneficial or financial interest in a license to sell alcoholic beverages,which is not presently held? Yes ❑ No if yes,list said interest below: i Reason Name Licensee Name&Address Date Terminated Please Select Please Select Please Select 13.DISCLOSURE OF LICENSE DISIPLINARY ACTION: Have any of the disclosed licenses to sell alcoholic beverages listed in§11 and/or§12 ever been suspended,revoked or cancelled? Yes ❑ No ❑X If yes,list said interest below: Date License Reason of Suspension,Revocation or Cancellation I 14.CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR A(§15)PACKAGE STORE LICENSE ONLY A.)For Individual(s): 1.Are you a U.S.Citizen? Yes ❑ No ❑ 2.Are you a Massachusetts Residents? Yes ❑ No ❑ B.)For Corporation(s)and LLC(s) 1.Are all Directors/LLC Managers U.S.Citizens? Yes ❑ No ❑ 2.Are a majority of Directors/LLC Managers Massachusetts Residents? Yes ❑ No ❑ 3.is the License Manager or Principal Representative a U.S.Citizen? C.)Shareholder(s),Member(s),Director(s)and Officer(s): Yes ❑ No ❑ 1.. Are all Shareholders,Members,Directors,LLC Managers and Officers involved at least twenty-one(21)years old? 15.CITIZENSHIP AND RESIDENCY REQUIREMENTS FOR(§12)RESTAURANT,HOTEL,CLUB,GENERAL ON PREMISE,TAVERN, VETERANS CLUB LICENSE ONLY: A.)For Individual(s): 1.Are you a U.S.Citizen? Yes ❑ No ❑ B.)For Corporation(s)and LLC(s) 1.Are a majority of Directors/LLC Managers NOT U.S.Citizen(s)? Yes ❑ No ❑X 2.Is the License Manager or Principal Representative a U.S.Citizen? Yes 0 No ❑ C.)Shareholder(s),Member(s),Director(s)and Officer(s); Yes ❑X No ❑ 1.. Are all Shareholders,Members,Directors,LLC Managers and Officers involved at least twenty-one(21)years old? 16.COSTS ASSOCIATED WITH LICENSE TRANSACTION: A.Purchase Price for Real Property: F---== B.Purchase Price for Business Assets: F7=== C.Costs of Renovations/Construction: $9Q,000.00 __._.D._Initial.Start-Up.Costs:.....-.- _- IMPORTANT ATTACHMENTS(6):Submit any and all records,documents and affidavits including E. Purchase Price for Inventory: loan agreements that explain the source(s)of money for this transaction.Sources of cash must F.Other:(Specify) J� include a minimum of three(3)months of bank statements. G:TOTAL COST $90,000.00 t H.TOTAL CASH $40,000.00 The amounts listed in subsections(H)and(1) 1.TOTAL AMOUNT FINANCED $SQ,000.QO must total the amount reflected in(G). 17.PROVIDE A DETAILED EXPLANATION LINES OF CREDIT�)NOTES, FUNDING RTHECOSTS IDENTIFIED ABOVE(INCLUDE LOANS,MOR , There is cash and two(2)separate Lines-of-Credit from Santander Bank,one to each shareholder. *If additional space is needed,please use last page. 18.LIST EACH LENDER AND LOAN AMOUNT(S)FROM WHICH"TOTAL AMOUN7NCEDC'N SUB-SECTIONS 16(1) WILL DERIVE: A. Name Dollar Amount Financing Santander $25,000.00 Sa ntander $25,000.00 Fa_cgit�iona pace i s nee a ,pease use ast page. B.Does any individual or entity listed in§19 as a source of financing have a direct or indirect,beneficial or financial interest in this license or any other license(s)granted under Chapter 1387 Yes ❑ No If yes,please describe: 19.PLEDGE:(i.e.COLLATERAL FOR A LOAN) A.) Is the applicant seeking approval to pledge the license? [] Yes R No 1.If yes,to whom: 2.Amount of Loan: 3.Interest Rate: 4.Length of Note: 5.Terms of Loan.:......... .__.... B.)if a corporation,is the applicant seeking approval to pledge any of the corporate stock? ❑ Yes No 1.If yes,to whom: 2.Number of Shares: i C.) Is the applicant pledging the inventory? ❑ Yes Q No If yes,to whom: IMPORTANT ATTACHMENTS(7):if you are applying for a pledge,submit the pledge agreement,the promissory note and a vote of the Corporation/LLC approving the pledge. 20.CONSTRUCTION OF PREMISES: Are the premises being remodeled,redecorated or constructed in any way?If YES,please provide a description of the work being performed on the premises: ❑Yes ❑ No The kitchen was built,adding the cooking stations,walk-in refrigerator/freezer,sinks,and grease traps.Plumbing was installed for the Unit,as well as the electrical was re-wired for lighting and cooking purposes.the bar was constructed,tables and chairs were added,as well as decorations for a Thai restaurant. 21.ANTICIPATED OPENING DATE: June 1,2015 IF ALL OF THE I N FO R.MATI O N AND ATTACHMENTS ARE NOT COMPLETE owl THE APPLICATION WILL BE . RETURIMED APPLICANT'S STATEMENT I, Kanitta Newton theElsole proprietor;❑ partner;0 corporate principal; [I LLC/LLP member Of Lots of Eats,Inc. hereby submit this application for all-liquor license -� (hereinafter the .... .... ........ ... .. _ "Application"),_ to the local licensing authority(the."LLA")and the Alcoholic Beverages Control Commission(the"ABCC"and together with the LL collectively the"Licensing Authorities' for approval. I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the Application,and as such affirm that all statement and representations therein are true to the best of my knowledge and belief. I further submit the following to be true and accurate: (1) I understand that each representation in this Application is material to the Licensing Authorities'decision on the Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying documents in reaching its decision; (2) 1 state that the location and description of the proposed licensed premises does not violate any requirement of the ABCC or other state law or local ordinances; (3) 1 understand that while the Application is pending,I must notify the Licensing Authorities of any change in the information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in disapproval of the Application; (4) 1 understand that upon approval of the Application,I must notify the Licensing Authorities of any change in the Application information as approved by the Licensing Authorities. I understand that failure to give such notice to the Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted; (5) 1 understand that the licensee will be bound by the statements and representations made in the Application,including, but not limited to the identity of persons with an ownership or financial interest in the license; (6) 1 understand that all statements and representations made become conditions of the license; (7) 1 understand that any physical alterations to or changes to the size of,the area used for the sale,delivery,storage,or consumption of alcoholic beverages,must be reported to the Licensing Authorities and may require the prior approval of the Licensing Authorities; (8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and representations made in the Application may result in sanctions,including the revocation of any license for which the Application was submitted;and (9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or sanctions including revocation of any license for which this Application is submitted. ' Date: L a�JG 11� 1 Signature: Title: IPresident The Commonwealth of Massachusetts Alcoholic Beverages Control Commission _- 239 Causeway Street Boston,MA 02114 www tnass.gov/abcc PERSONAL INFORMATION FORM - -- -----Each-individual listed-in Section 10 of this application must complete this forma 1.LICENSEE INFORMATION: B.Business Name(dba) A.Legal Name of Licensee Lots of Eats,Inc. D.ABCC License Number C.Address 1211 Osgood Street,Unit 4 (If existing licensee) E.City/Town North Andover State MA Zip Code 01845 i F.Phone Number of Premise (207)807-8324 G.EIN of License 47-1937138 2. PERSONAL-INFORMATION: A.Individual Name Kanitta Newton B.Home Phone Number (207)807-8324 C.Address 22 Summer Street D.City/Town Biddeford State ME Zip Code=04005 - E.Social Security Number 34-92-7565 F.Date of Birth 7/27/1983 G.Place of Employment Thai Me,144 Main Street,Biddeford,ME 04005 3. BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? yes ❑ No If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions.The affidavit must include the city and state where the charges occurred as well as the disposition of the convictions. 4.FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. I am the President of Lots of Eats,Inc.,the applicant for this license.l am a 60%shareholder and the proposed Manager of the license. IMPORTANT ATTACHMENTS(8):For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash. *If additional space is needed,please use the last page I hereby swear under the pains and penalties of perjury that the information 1 have provided in this application is true and accurate: Signature K �n1 Date Title President (If Corporation/LLC Representative) The Commonwealth of Massachusetts Alcoholic Beverages Control Commission U 239 Causeway Street Boston,MA 02114 www.mass.govlabec MANAGER APPLICATION All proposed managers are required to complete a Personal Information Form, a a ............ copy o the corporate vote authorizing this action and appointing a manager. 1.LICENSEE INFORMATION: Legal Name of Licensee: 1Lots of Eats,Inc. Business Name(dba): Address: 11211 Osgood Street,Unit 4 City/Town: INorth Andover I State: MA Zip Code: 101845 ABCC License Number: Phone Number of Premise: (207)807-8324(If existing licensee) 2. MANAGER INFORMATION: A.Name:lKanitta Newton B.Cell Phone Number: (207)807-8324 C.List the number of hours per week you will spend on the licensed premises: [5-0 3. CITIZENSHIP INFORMATION: A.Are you a U.S.Citizen: Yes FXJ No r-1 B.Date of Naturalization: C.Court of Naturalization: (Submit proof of citizenship and/or naturalization such as US Passport,Voter's Certificate,Birth Certificate or Naturalization Papers) 4. BACKGROUND INFORMATION: A.Do you now,or have you ever,held any direct or indirect,beneficial or financial interest Yes ❑ No in a license to sell alcoholic beverages? ❑ If yes,please describe: Owner of Thai Me restaurant in Biddeford,ME-currently hold full liquor license for the restaurant B.Have you ever been the Manager of Record of a license to sell alcoholic beverages that has been suspended,revoked or cancelled? Yes ❑ No if yes,please describe: C.Have you ever been the Manager of Record of a license that was issued by this Commission? Yes ❑ No If yes,please describe: L D.Please list your employment for the past ten years(Dates,Position,Employer,Address and Telephone): Thai Me restaurant,owner,144 Main Street,Biddeford,ME 04005 I hereby swear under the pains and penalties of perjury that the information I have provided In this application is true and accurate: Signature OMA N owto I Date 1 ()?y1T/1 5 . -1 The Commonwealth of Massachusetts Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 www.mass.gov/abcc PERSONAL INFORMATION FORM Each individual listed in Section 10 of this application must complete this form. _..........— .......... .._...-...... ._... - .._...._..._.. - .............................. ... ... ....... ... .. . . ... . ....... . -.......... . .. ... .. ....... 1.LICENSEE INFORMATION: B.Business Name(dba) A.Legal Name of Licensee 04103 D.ABCC License Number C.Address 1211 Osgood Street,Unit 4 (If existing licensee) E.City/Town North Andover State MA Zip Code 01845 F.Phone Number of Premise (207}807-8324 G.EIN of License 47-1937138 2. PERSONAL INFORMATION: I A.Individual Name Inorn Ongkeo B.Home Phone Number (207}807-4041 C.Address 133 Plymouth Street D.City/Town Portland State ME Zip Code 04103 E.Social Security Number F.Date of Birth 06J06/1982 G. Place of Employment Sala Thai Restaurant,1363 Washington Ave,Portland,ME 04103 3. BACKGROUND INFORMATION: Have you ever been convicted of a state,federal or military crime? Yes ❑ No ❑x If yes,as part of the application process,the individual must attach an affidavit as to any and all convictions. The affidavit must include the city and state where the charges occurred as well as the disoosition of the convictions. I 4.FINANCIAL INTEREST: Provide a detailed description of your direct or indirect, beneficial or financial interest in this license. I am the Clerk and Treasurer of the corporation and a Director.I am also a shareholder of the corporation. IMPORTANT ATTACHMENTS(8):For all cash contributions,attach last(3)months of bank statements for the source(s)of this cash. *If additional space is needed,please use the last page I hereby swear under the pains and penalties of perjury that the information I have provided in this application is true and accurate: Signature I K 0W Date Title Clerk(Treas firer (if Corporation/LLC Representative) CERTIFICATE OF VOTE I, Inorn Ongkeo,hereby certify that I am the duly elected and qualified Clerk of Lots of Eats,Inc., a Massachusetts corporation having an usual place of business at 1211 Osgood Street, 4,North Andover, Massachusetts;that at a joint meeting of the Shareholders and Directors of said Corporation, duly called for the purpose, and held March 25, 2015, at the offices of the Corporation,at which all of the Shareholders and Directors were present, it was unanimously, VOTED: To appoint Kanitta Newton as Manager of a certain Liquor License, which application has been submitted along with this Vote, which will be held by the above named Corporation. VOTED: That Kanitta Newton, as President of the Corporation, is hereby authorized to execute any and all documents for any and all licenses. VOTED: That the foregoing VOTE and the authority vested in Kanitta Newton, as he is the President of this Corporation, shall be and remain a continuing authority entitled to be relied upon by all persons until revoked,modified or amended by further vote of the Shareholders and Directors. I further certify that Kanitta Newton is the duly elected President of this Corporation;that the foregoing VOTE is in conformity with the Articles of Organization and By-Laws of the Corporation;that the foregoing VOTE is within the power and authority of the Shareholders and Directors to do;that there are no prior Votes of the Shareholders and Directors limiting or restricting the foregoing VOTE;that the foregoing VOTE remains in full force and effect without limitation,modification or amendment. ILI fitness Inorn Ongkeo, Clerk COMMONWEALTH OF MASSACHUSETTS On this day of ire&,20+4 before me,the undersigned notary public, personally appeared Inorn Ongkeo, Clerk of Lots of Eats, Inc.,proved to me through satisfactory evidence of identification,which was a copy of his license,to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. 52.E JONATHAN J.ROSSI N lic Notary Public,Commonwealth of Massachusetts My Commission Expires on February 28,2019 MA SOC Filing Number: 201497029860 Date: 9/24/2014 2:15:00 PM The Commonwealth of Massachusetts Minimum Fee:$250.00 William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, 17th floor Boston, MA 02108-1512 Telephone: (617)727-9640 Federal Employer Identification Number: 001147770 (must be 9 digits) ARTICLE The exact name of the corporation is: LOTS OF EATS,INC. ARTICLE II i Unless the articles of organization otherwise provide, all corporations formed pursuant to G.L. C1 56D have the purpose of engaging in any lawful business. Please specify if you want a more limited purpose: ARTICLE III i State the total number of shares and par value, if any, of each class of stock that the corporation is authorized to issue. All corporations must authorize stock. If only one class or series is authorized, it is not necessary to specify any particular designation. l i Par Value Per Share Total Authorized by Articles Total Issued Class of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Num of Shares Total Par Value Num of Shares CNP $0.00000 275,000 $0.00 1,000 G.L. C156D eliminates the concept of par value, however a corporation may specify par value in Article III. See G.L. C1 56D Section 6.21 and the comments thereto. ARTICLE IV If more than one class of stock is authorized, state a distinguishing designation for each class. Prior to the issuance of any shares of a class, if shares of another class are outstanding, the Business Entity must provide a description of the preferences, voting powers, qualifications, and special or relative rights or privileges of that class and of each other class of which shares are outstanding and of each series then established within any class. ARTICLE V The restrictions, if any, imposed by the Articles of Organization upon the transfer of shares of stock of any class are: AVV cTnCYTTnT T1FR TNC7.TTT)ING TuF AF.TRS_ ASSTCNS_ EXECUTORS OR ADMINISTRATORS RICE AT WHICH HE IS WILLING TO SELL OR TRANSFER AND THE NAME OF ONE ARBITRAT OR THE DIRECTORS SHALL WITHIN 30 DAYS THEREAFTER,EITHER ACCEPT THE OFFER, OR BY NOTICE TO HIM IN WRITING NAME A SECOND ARBITRATOR,_AND THESE TWO SHALL N AME A THIRD.IT SHALL THEN BE THE DUTY OF THE ARBITRATORS TO ASCERTAIN THE VAL UE OF THE STOCK AND IF ANY ARBITRATOR SHALL NEGLECT OR REFUSE TO APPEAR AT A NY MEETING APPOINTED BY THE ARBITRATORS, A MAJORITY MAY ACT IN THE ABSENCE OF SUCH ARBITRATOR AFTER THE ACCEPTANCE OF THE OFFER, OR THE REPORT OF THE A RBITRATORS TO ASCERTAIN THE VALUE OF THE STOCK, THE DIRECTORS SHALL HAVE 30 D AYS WITHIN WHICH TO PURCHASE THE SAME AT SUCH VALUATION, BUT IF AT THE EXPIR ATION OF THIRTY DAYS THE CORPORATION SHALL NOT HAVE EXERCISED THE RIGHT TO PURCHASE THE OWNER OF THE STOCK SHALL BE AT LIBERTY TO DISPOSE OF THE SAME I N ANY MANNER HE MAY SEE FIT.NO SHARES OF STOCK SHALL BE SOLD OR TRANSFERRE D ON THE BOOKS OF THE CORPORATION UNTIL THESE PROVISIONS HAVE BEEN COMPLIE D WITH BUT THE BOARD OF DIRECTORS MAY IN ANY PARTICULAR INSTANCE WAIVE THE REQUIREMENTS. ARTICLE VI d if there are no provisions, this article may be left blank. Other lawful provisions, an p Y i Note: The preceding six (6) articles are considered to be permanent and may be changed only by filing appropriate articles of amendment. ARTICLE VII The effective date of organization and time the articles were received for filing if the articles are not rejected within the time prescribed by law. If a later effective date is desired, specify such date, which may not be later than the 90th day after the articles are received for filing. Later Effective Date: Time: ARTICLE VIII The information contained in Article VIII is not a permanent part of the Articles of Organization. a,b. The street address of the initial registered office of the corporation in the commonwealth and the name of the initial registered agent at the registered office: Name: WILLIAM P. SHACK No. and Street: 160 PLEASANT STREET City or Town: NORTH ANDOVER State: MA Zip: 01845 Country: USA c. The names and street addresses of the individuals who will serve as the initial directors, president, treasurer and secretary of the corporation (an address need not be specified if the business address of the officer or director is the same as the principal office location): Title Individual Name Address (no PO Box) First,Middle,Last,Suffix Address,City or Town,State,Zip Code PRESIDENT KANITTA NEWTON 22 SUMMER STREET PORTLAND, ME 04130 USA DIRECTOR KANITTA NEWTON 22 SUMMER STREET BIDDEFORD,ME 04005 USA DIRECTOR INORN ONGKEO 133 PLYMOUTH STREET PORTLAND,ME 04130 USA d. The fiscal year end (i.e., tax year) of the corporation: September e. A brief description of the type of business in which the corporation intends to engage: RESTAURANT: FOOD AND BEVERAGE SERVICE f. The street address (post office boxes are not acceptable) of the principal office of the corporation: No. and Street: 1211 OSGOOD STREET UNIT 4 City or Town: NORTH ANDOVER State: MA Zip: 01845 Country: USA I g. Street address where the records of the corporation required to be kept in the Commonwealth are located (post office boxes are not acceptable): i No. and Street: 160 PLEASANT STREET City or Town: NORTH ANDOVER State: MA Zip: 01845 Country: USA which is its principal office X an office of its transfer agent an office of its secretary/assistant secretary _ its registered office Signed this 24 Day of September,2014 at 2:16:35 PM by the incorporator(s). (If an existing corporation is acting as incorporator, type in the exact name of the business entity, the state or other jurisdiction where it was incorporated, the name of the person signing on behalf of said business entity and the title he/she holds or other authority by which such action is taken) WILLIAM P. SHACK SOLE INCORPORATOR ©2001 -2014 Commonwealth of Massachusetts All Rights Reserved MA SOC Filing Number: 201497029860 Date: 9/24/2014 2:15:00 PM THE COMMONWEALTH OF MASSACHUSETTS I hereby certify that, upon examination of this document, duly submitted to me, it appears that the provisions of the General Laws relative to corporations have been complied with, and I hereby approve said articles; and the filing fee having been paid, said articles are deemed to have been filed with me on: I September 24, 2014 02:15 PM WILLIAM FRANCIS GALVIN Secretary of the Commonwealth �� �,,� cftat,P��%�ou6,P, �o�to�i ./f�afrsacliu�e�- 02733 William Francis Galvin Secretary of the Commonwealth Date:January 12,2015 To Whom It May Concern : I hereby certify that according to the records of this office, LOTS OF EATS,INC. is a domestic corporation organized on September 24,2014,under the General Laws of the Commonwealth of Massachusetts. I further certify that there are no proceedings presently pend- ing under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution; that articles of dissolution have not been filed by said corporation; that, said cor- poration has filed all annual reports, and paid all fees with respect to such reports, and so far as appears of record said corporation has legal existence and is in good standing with this office. S In testimony of which, IG I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. v ° o L�j°°" -15 Secretary of the Commonwealth Certificate Number: 15011222530 Verify this Certificate at:http://corp.sec.state.ma.us/CorpWeb/CeitificatesNerify.aspx Processed by: smc I I I' / — \ EQUIPMENT SCHEDULE: 1-Walk n Refngmt.,59 '� 2-Walk n Freuer 5.5 3 Chinese wok 3 homer I'_ -- 4Gas POal Fryers i - &Io burner gas mn9e ' &S,,tlwi,hl ` - 3 t11 0.4-oUnsernpa Icce r N ES cn al o tln8 R Uldl=u m( 1Q e'x3lC 1T'able eTw ComNnt SWIM—51 mmrcl ysnsm l 'FN 1312re5and,ng 1Hand 1S'nk Untw/SpB s wnk w O'p @ a--t 11 • .I ,1&UndeNar SnkwNfaur 1D"x14 1tl)"compartments twa 13"@a nb°aNS andlwP n faucets -. NOa ^' 18-Sack bar RefdgeaNr _ I]-Prep Table]."x 30" h I&15'Countertop Griddle-3],500 BTU 1B-W lh Makeup Ai 9 r 19A-FxM1aust Fan � III pA rFan 21 hlakeu \ 20.ChaNm ler 21-Locker E of 22-MOPSnk 8 23�HO(water Heater _N 24-wallmounledhandsink I -3r E u p t Schedule - m 1l4-1-0 U o� _ � ��_ c J �, DINING efo ,o IT' eeP° e s U meMee�Na I - o hamae�.ax a.r°a� as MOS O MEN JA.I RJ,`jt WO— j O � 10T __ e Qe �Qi e '-� WPfI1NG I I � o 1a1 °ra - wa I z 1 EQUIPMEIJr AND FURNITURE PLAN ¢sy4 - -H 9vo]n5 s � e o.ma csD A:.oclale�LUc m a pG014-071 A1.3 N L Public Hearing 1"OWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 1201 AIN STREET NORTH ANDOVER, MASSAC14USETTS 01815 tkORTH 0 Joyce A. Bradshaw Telephom(978)688-9501 7bivn Cler k FAX(9781 688-9557 Memorandum To: Richard M.Vaillancourt, Chairman and Members of Board of Selectmen Andrew W.Maylor,Town Manager From: Joyce A.Bradshaw,CMMC,Town Clerk Date: March 17,2015 Subject: National Grid& Verizon New England Joint Petition-16210170-Great Pond Road The attached pole petition by National Grid and Verizon New England, Inc. are submitted for your approval: 1. Permission to install I JO Pole beginning at a point approximately 60 feet East of the centerline of the intersection of Stanley Ave and continuing approximately 25 feet in a North direction. National Grid to install 18' (2) 4" conduits to the property of #1653. Location approximately as shown on plan attached. Also for permission to lay and maintain underground laterals, cables, and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. 2. All abutters were notified. 3. Recommendations have been solicited from all departments. Conditional Requirements from Patrick G. Higgins,PLS, Staff Engineer DPW included. 4. Police Department will provide officers on site as they determine. 5. Any outstanding issues will be addressed with the appropriate departments. A representative from National Grid and or/Verizon will be at your meeting on Monday March 23, 2015. Please do not hesitate to contact me or Michael O'Malley (781)907-3485 with any questions, TOWN OF NORTH ANDOVER DIVISION OF PUBLIC WORKS 384 OSGOOD STREE'r NORTH ANDOVER, MASSACHUSETTS 01 45-2909 BRUCE D.T141BODEAU, P.E. DiREcTOR Eugyene P. Willis, PE Telephone (978)685-0950 Direclor qf&gineering Fax(978) 688-9573 Pwrick G. Ifig gins, PL S' kq/ .1'Enghieer MEMORANDUM Date: 3/5/2015 To: Laurie Burz1aff,Exec. Assistant Town Manager FROM: Patrick Higgins, Staff Engineer Regarding Petition#16210170,41653 Great Pond Rd. I would ask that National Grid be granted Conditional Approval to install and perform work in accordance with the request within the Petition so long as the following logistical issues are properly addressed: Conditions: a. The field installation of the proposed: pole,U.G. primary electric line, and pad mounted transformer location as shown in the National Grid"Exhibit N'Petition Sketch dated: 6/25/14 will be in compliance with the proposed Sewer System Improvements Contract 2 depicted on the Rea's Pond Pumping Station design plans, prepared by Woodard & Curran, and labeled W&C Project 225073.19 February 2015 . b, The installation will be coordinated with the North Andover D.P.W. and/or site contractor to make sure the final placement does not interfere with future site improvements and other utilities. c. The location/placement of the pole will not interfere with the line of site for vehicles accessing/exiting the Sewerage Pump Station facility from Great Pond Rd. d. Sign off and approval of Conservation agent on this Petition and Street Opening permit application required. The Rea's Pond Pumping Station design plans include approximate location of Wetland Resource areas and stream crossings, as well as proposed erosion control measures where necessary. in accord with all pertinent Town, State and Federal Codes for Electric Utilities, Telecommunications and Energy construction standards. f. Compliance with M.G.L. Ch.87, §1-6, Public Shade Tree. OA/E C,4 --------------- Exhibit A Not to Scale EXHIBIT A The exact location of said Facilities to be Established by and upon the installation and Erection of the Facilities thereof. LEGEND —120' -0-120' 11- UG Primary Bollards 00 00 00 Primary Riser .... . -—•—-- 00 300 Kva Padmounted Transformer• +/-125' L—— ——————————————————— ------ C Proposed Pole (D Existing Pole OH Primary Lot Lines nationalgrW U9 at 1653 Great Pond Rd North Andover, MA Easement S..I.: N.tTeft.]. Actrix DraMng Number Debi: 626!74 16210170 Dm—Br C.de.V.Ildppl—d By.C. .V.11. ------—–------ Bradshaw, Joyce From: Hughes, Jennifer Sent: Wednesday, March 04, 2015 11:53 AM To: Bradshaw, Joyce Subject: RE: National Grid and Verizon Pole Petitions-march 23, 2015 BOS Meeting Joyce, I do not have concerns about Academy Road or Greene/Middlesex. I am assurning the Great Pond Road request is related to the construction of the new Rea's Pond pump station?That is going to be filed with the commission shortly. I have contacted the representative for the Carlton/Jonnycake project to see how much excavation will be done as there are several wetlands located on those streets. I will get back to you as soon as I here from the contact Alek. I believe I reviewed and signed off on Quail Run Rd last fall but will call to confirm that nothing has changed on that one either. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street,Suite 2035 North Andover,MA 01845 Phone 978.688.9530 Fax 978.688.9542 Email ihughes atownofnorthandover.com Web www.TownofNorthAndover.com From: Bradshaw, Joyce Sent: Monday, March 02, 2015 3:47 PM To: Hughes, Jennifer; Higgins, Patrick; Foulds, Eric; McCarthy, Fred; Enright, Jean; Willis, Gene Cc: Burzlaff, Laurie Subject: National Grid and Verizon Pole Petitions-march 23, 2015 BOS Meeting Attached are pole petitions for the March 23 BOS Meeting. I have one additional petition which I will send separately as scanner is down for Quail Run. Please review and if you can get back to me my Thursday March 5, 2015. If you have any concerns or would care to review with me in person, please let me know. I there are any concerns please contact me. Or the contacts at National Grid or Verizon. Thanks so much for your help! 1 Y M / 1 AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: April 27, 2015 Re: Grant of Easement If the Board approves the joint pole petition for Great Pond Road (Rea's Pond Pump Station),the Board will need to approve and sign the Grant of Easement so National Grid can begin work on the project. This is a standard form easement that has been used in the past. i i GRANT OF EASEMENT 0 z The TOWN OF NORTH ANDOVER, a municipal corporation having an address of 120 Main Street, North Andover, Massachusetts 01845 (hereinafter referred to as the Grantor), i for consideration of One ($1.00) Dollar, grants to MASSACHUSETTS ELECTRIC COMPANY, a Massachusetts corporation with its usual place of business at 40 Sylvan Road, Waltham,Massachusetts 02451 (hereinafter referred to as the Grantee)with quitclaim covenants, the perpetual right and easement to install, construct, reconstruct, repair, replace, add to, o maintain and operate for the transmission of high and low voltage electric current and for the b transmission of intelligence, an "UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM" (hereinafter referred to as the "UNDERGROUND SYSTEM") located in North Andover, Middlesex County, Massachusetts, consisting of lines of buried wires and cables and lines of z wires and cables installed in underground conduits, together with all equipment and appurtenances thereto for the transmission of intelligence and the furnishing of electric service to the herein described premises and to service others, and without limiting the generality of the foregoing, but specifically including the following equipment; namely: manholes, manhole r0 openings, bollards, handholes, junction boxes, transformers, transformer vaults, padmounts, padmount transformers and all housings, connectors, switches, conduits, cables and wires all located within the easement area of the hereinafter described property. Said "UNDERGROUND SYSTEM" is located in, through, under, over, across and upon a parcel of land situated on the northerly side of Great Pond Road, being more particularly shown as Assessors Map 62 Lot 22 on a Plan of Land recorded with the Essex North District b Registry of Deeds as Plan No. 17181. 4 a� 0 w WR# 16210170 Address of Grantee: After recording return to: Mass El.--40 Sylvan Road,Waltham,Massachusetts 02451 David J.Aho National Grid Service Company,Inc. 05 NANDMA GEN 40 Sylvan Road Waltham,MA 02451 And further, said "UNDERGROUND SYSTEM" (locations of the electrical equipment and other facilities on the hereinbefore referred to premises of the Grantor) is approximately shown on a sketch entitled: "nationalgrid; 1653 Great Pond Rd,North Andover, MA, Easement; Scale: Not to Scale, Date: 2/27/15, Drawn By: Carlos Valle; Actrix Drawing Number: 16210170," a reduced copy of said sketch is attached hereto as "Exhibit A" and recorded herewith, copies of which are in the possession of the Grantor and Grantee herein, but the final definitive locations of said "UNDERGROUND SYSTEM" shall become established by and upon the installation and erection thereof by the Grantee. Also with the further perpetual right and easement from time to time to pass and repass over, across and upon said land of the Grantor as is reasonable and necessary in order to renew, replace, repair, remove, add to, maintain, operate, patrol and otherwise change said "UNDERGROUND SYSTEM" and each and every part thereof and to make such other excavation or excavations as may be reasonably necessary in the opinion and judgment of the Grantee, its successors and assigns, and to clear and keep cleared the portions and areas of the premises wherein the "UNDERGROUND SYSTEM" is Iocated as shown on the sketch herein referred to, of such trees, shrubs, bushes, above ground and below ground structures, objects and surfaces, as may in the opinion and judgment of the Grantee interfere with the safe and efficient operation and maintenance of the "UNDERGROUND SYSTEM" and other related electrical equipment. However, said Grantee, its successors and assigns, will properly backfill said excavation or excavations and restore the surface of the land to as reasonably good condition as said surface was in immediately prior to the excavation or excavations thereof. If said herein referred to locations as approximately shown on the sketch herein also referred to are unsuitable for the purposes of the Grantee, its successors and assigns, then said locations may be changed to areas mutually satisfactory to both the Grantor and the Grantee herein; and further, said newly agreed to locations shall be indicated in an amendment to this Grant of Easement which shall be recorded in the Essex North Registry of Deeds. The Grantor, for itself, its successors and assigns, covenant and agrees with the Grantee, for itself, its successors and assigns, that this Grant of Easement and the location of the Underground System may not be changed or modified without the written consent of the Grantee, its successors and assigns, which consent may be withheld by the Grantee in its sole discretion. It is the intention of the Grantor to grant to the Grantee, its successors and assigns, all the rights and easements aforesaid and any and all additional and/or incidental rights needed to install, erect, maintain and operate within the Grantor's land an "UNDERGROUND SYSTEM" for the transmission of intelligence and for supplying electric service for the building, buildings or proposed buildings shown on the last herein referred to sketch or amended sketch and the right to service others from said "UNDERGROUND SYSTEM". It is agreed that said "UNDERGROUND SYSTEM" and all necessary appurtenances thereto, shall remain the property of the Grantee, its successors and assigns, and that the Grantee, its successors and assigns, shall pay all taxes assessed thereon. WR# 16210170 For Grantor's title, see deed dated September 2nd, 1975, recorded with the Essex North District Registry of Deeds in Book 1268,Page 538. IN WITNESS WHEREOF, the TOWN OF NORTH ANDOVER has caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalf by each member of its Board of Selectmen, being thereto duly authorized this _ day of , 2015. TOWN OF NORTH ANDOVER By: RICHARD VAILLANCOURT By: PHILIP DeCOLOGERO Its: Chair Its: Member By: TRACY M. WATSON By: ROSEMARY SMEDILE Its: Member Its: Member By: DONALD STEWART Its: Member WR# 16210170 'The provisions of Massachusetts General Laws,Chapter 183 Section 613,are not applicable. Commonwealth of Massachusetts County of } ss. On this the day of ,before me, Day on ear the undersigned Notary Public, Name ot Notary Public personally appeared RICHARD VAILLANCOURT Name of Signer proved to me through satisfactory evidence of identity, which was/were escriptton of vt cece of entity to be the person whose name is signed on the preceding Grant of Easement, and acknowledged to me that he signed it voluntarily,as a member of the Board of Selectmen for the Town of North Andover, for its stated purpose. signature ot Notary Public Printed ame of otary My Commission Expires Place Notary Sea)and/or Any Stamp Above WR 4 16210170 The provisions of Massachusetts General Laws,Chapter 183 Section 613,are not applicable. Commonwealth of Massachusetts County of } ss. On this the ay day of before me, Month Year the undersigned Notary Public, ame o o ry u tc ', personally appeared PHILIP DeCOLOGERO Name or Signer proved to me through satisfactory evidence of identity,which was/were escnpoon of vt ence of entity to be the person whose name is signed on the preceding Grant of Easement, and acknowledged to me that he signed it voluntarily,as a member of the Board of Selectmen for the Town of North Andover, for its stated purpose. Signature ot Notary Public Printed ame ot Notary My Commission Expires , Place Notary Seal and/or Any Stamp Above W R# 162E 6170 The provisions of Massachusetts General Laws,Chapter 183 Section 6B,are not applicable. Commonwealth of Massachusetts County of } ss. On this the day of ,before me, Day ont wear the undersigned Notary Public, Name o otary u do personally appeared TRACY M. WATSON Name of igner proved to me through satisfactory evidence of identity, which was/were escnpnon of vt ence ol Identity to be the person whose name is signed on the preceding Grant of Easement, and acknowledged to me that she signed it voluntarily, as a member of the Board of Selectmen for the Town of North Andover, for its stated purpose. Signature ot Notary Public I Printed ame of otary My Commission Expires Place Notary Seal and/or Any Stamp Above i WR# 16210170 The provisions of Massachusetts General Laws,ChaptLv 183 Section 6B,are not applicable. I Commonwealth of Massachusetts County of } ss. i On this the day of ,before me, Month Year the undersigned Notary Public, Name of otary Public personally appeared ROSEMARY SMEDILE , Nameo Signer proved to me through satisfactory evidence of identity, which was/were Description ol Evidence ot Identity to be the person whose name is signed on the preceding Grant of Easement, and acknowledged to me that she signed it voluntarily, as a member of the Board of Selectmen for the Town of North Andover, for its stated purpose. Signature of otary Public i Printal Rome ot Notary My Commission Expires j Place Notary Seal and/or Any Stamp Above I i WR# 16210170 The provisions of Massachusetts General Laws,Chapter 183 Section 613,are not applicable. Commonwealth of Massachusetts County of ss. On this the day of , before me, Day Month —Year i the undersigned Notary Public, Name of otary Public personally appeared DONALD STEWART , Name of Signer proved to me through satisfactory evidence of identity, which was/were Description o r Evidence orldenuty to be the person whose name is signed on the preceding Grant of Easement, and acknowledged to me that he signed it voluntarily, as a member of the Board of Selectmen for the Town of North Andover, for its stated purpose. signature orNotary Public Frinted Name o otary My Commission Expires Place Notary Seal and/or Any Stamp Above I WR# 16210170 The provisions of Massachusetts General Laws,Chapter 183 Section 613,are not applicable. Great Pond Rd Exhibit A Not to Scale The exact location of said Facilities to be Established by and upon the installation and Erection of the Facilities thereof. X20 T7 ua EXH'�B— A LEGEND —' UG Primary `� _ •� �.. _ Bollards Primary Riser - 300 Kva Padmounted Transformer A 1 rt�JZS• "�' ��„ Proposed Pole m Existing Pole OH Primary ——— Lot Lines nationalgrid Great Pond Rd 1653 Great Pond Rd North Andover,MA Easement • , Ma.T.SC.0 gyp'+�-v Haft. oft LSTiti V...b,aast:c.no.v.o. 16210170 Old Business t AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: April 27, 2015 Re: Biosolids project at GLSD-Scope of Services At the meeting on February 23,2015, the Board asked that an impact study be completed for the new Biosolids Project at the Greater Lawrence Sanitary District. Pursuant to that request,the Town Manager executed a contract with Environmental Partners Group, Inc. to assess the potential community and environmental impacts of the expansion of operations and processing of organic wastes at the GLSD. The contract outlines the Scope of Services, Fees and Project Schedule, Robert J. Rafferty, Project Manager/Project Engineer,will be at the meeting to answer any questions of the Board. Environmental M Partners A parMorshlp for onpinoorin0 ooluflonu, '.. Apri 1 17, 2014 Mr.Andrew Maylor Town Manager 120 Main Street North Andover,MA 01845 Re: Greater Lawrence Sanitary District Proposal for Engineering Services Organic Waste Anaerobic Digester—Community and Environmental Impact Study I Dear Mr. Maylor° 1 Thank you for giving Environmental Partners Group, Inc, (Environmental Partners) the opportunity to provide you with this engineering services proposal for evaluating the community I impacts of an additional anaerobic digester dedicated to organic waste processing at the Greater Lawrence Sanitary District's wastewater treatment facility. Based on our recent conversation with you, we have prepared this proposed Scope of Services and estimated budget required to perform this work. Project Understanding The Greater Lawrence Sanitary District(GLSD) is proposing to expand its operations to include construction of an additional Anaerobic Digestion/Energy Recovery Facility ("Facility") to accommodate pre-processed source separated organics (PSSOs). The GLSD has issued an RFP/Q for waste haulers/processors to deliver organic waste slurry to the GLSD's treatment facility on Charles Street in North Andover, The Town of North Andover wishes to assess the potential community and environmental impacts of the expansion of operations and processing of organic waste. Environmental Partners has prepared the following Scope of Services to assist the Town with the completion of this goal. i Scope of Services i The study will be based on the following documentation and follow-up discussions with the i Town of North Andover, and the GLSD if necessary. • GLSD Host Agreement(February 2,2007) • GLSD Host Agreement Amendment(Draft) • Preliminary Design Documents from CDM/GLSD (expected Mid-April 2015) • RFP/Q from GLSD for Preprocessed Source Separated Organic Material into Anaerobic Digesters (Responses due May 18, 2015) Hyannis: Headquarters: Woburn: 297 North Street,Suite 311,Hyannis,MA 02601 1900 Crown Colony Drive,Suite 402,Quincy,MA 02169 18 Commerce Way,Suite 2000,Woburn,MA 01801 TL 508.568.5103•FX 508.568.5125 TL 617.657.0200-FX 617.657.0201 TL 781.281.2542 FX 781.281.2543 www.envpartners.com Mr.Andrew Maylor April 17,2014 Page 2 • Greater Lawrence Sanitary District, Organics to Energy Feasibility Study — Technical Memorandum Report,CDM (June 2013) • NPDES Permit No. MAO 100447 for the Greater Lawrence Sanitary District (August 11, 2005) Environmental Partners shall provide the following professional services: i Task I—Data Collection and Assessment I 1. Attend a kick-off meeting with the Town of North Andover to understand the Town's I concerns and its understanding of the proposed changes at the GLSD. 2. Review the documents listed above for the intent, goals and approach of the GLSD digester project, and consistency with the Town's understanding of the project. 3. Determine if the available information is of sufficient detail for the intended evaluation. Identify data gaps and solicit additional information from the GLSD and/or CDM. Identify the limits of the evaluation given the quality and detail of available information. Task 2—Evaluation of Community and Environmental Impacts 1. Assess the potential impacts, if any, to North Andover from the following sources, and recommend additional mitigation and/or information requests for further evaluation. a. Odor at the treatment facility and along the trucking route 1. Potential odor sources (transfer station, sludge drying, biofilter malfunction and capacity, digesters) b. Visual 1. Location of new digester facilities and transfer station, and new lighting e. Noise 1. Trucks,delivery methods, additional digester facilities d. Trucking and Delivery 1. Route, noise, emergency services e. Treatment Process—Identify risks to the following: 1. Process capacity reduction at the treatment facility 2. Biofilter capacity for odor treatment 3. Compliance with the facility's NPDES permit Task 3—Deliverables Environmental Partners will prepare a draft letter report and meet with you to review our findings and conclusions. After your review and approval, we will provide a final letter report to the Town containing the evaluation of community and environmental impacts associated with the planned organic waste digestion program. This letter report will include: Environmental V:--::2 Partners Mr.Andrew Maylor April 17,2014 Page 3 i 1. Identify discrepancies between the RFP/Q and the Host Agreement Amendment requirements, 2. Recommend additions and/or modifications to the Host Agreement Amendment and/or the contract between the PSSO provider and GLSD, 3. Recommend mitigation for the impacts from the new facilities as determined in Task 2. We will attend a Board of Selectmen meeting to support you with the recommendations from Environmental Partners' Letter Report, Assumptions The following assumptions/exclusions apply to the scope of services and schedule: 1. With the exception of the treatment risks, the evaluation of impacts is limited to a "Quality of Life" assessment based on the information contained within the documents provided by the Town of North Andover. 2. Treatment risks assessment will entail a review of existing calculations and preliminary design plans, as well as the NPDES permit. No separate or additional studies, or detailed calculations, of the digester project or treatment processes will be conducted. I Fee and Payment i Environmental Partners proposes to perform the indicated Scope of Services for all tasks previously described for a not-to-exceed fee of Nine Thousand Six Hundred and Thirty Dollars ($9,630). A breakdown of the fee by project task is presented in the table below. Task 1: Data Collection and Assessment $1,930 Task 2: Evaluation of Community and Environmental Impacts $4,110 I Task 3: Deliverables $3,590 i Total X9,630 Schedule The proposed project schedule is presented below with an assumed notice to proceed date of April 21, 2015 and availability of the Preliminary Design Documents from CDM / GLSD by May 4, 2015. Deliverable for Selectmen's Packet May 8,2015 Board of Selectmen Meeting May 11, 2015 GLSD—District Meeting May 27, 2015 Environmental 1�- Partners W.Andrew Maylor April 17,2014 Page 4 i Thank you again for the opportunity to meet with you and we look forward to working with you and the Town of North Andover on this project. Should you have any questions on what we have provided you, please do not hesitate to call us at 617-657-0200. i Environmental Partners accepts the Terms & Conditions of Contract #768 dated September 25, 2014 for Professional Services between Environmental Partners Group, Inc. and the Town of North Andover, MA, or a separate contract can be executed. At your preference, simply sign below or execute the attached Town of North Andover's standard Contract for Professional Engineering Services. Very truly yours, I V Paul Gabriel, P.E., LSP Robert J. Rafferty, P.E. Principal Project Manager/Project Engineer AUTHORIZATION TO PROCEED I hereby authorize Environmental Partners Group to proceed with the above-referenced project in accordance with the Terms and Conditions and proposal herein. ���`"'cry✓/���ri1i" � «?/�_,.J� � 1 Printed Date 1, 1'rA� Signature Ti le Environmental V-_-22 Partners New Business Public Comment Town Manager' s Report Smolak Farms LLC H. Michael Smolak,Jr. 315 South Bradford Street North Andover,MA 01845 April 24, 2015 Licensing Commission c/o Board of Selectmen Town of North Andover 120 Main Street North Andover,Massachusetts 01845 RE: Entertainment License Application- Smolak Farms Update on Implementation of License Conditions Dear Board Members: As a follow-up the Board's vote to issue the Smolak Farms Entertainment License at the Board's February 11, 2015 hearing, the purpose of this letter is to update you on the status of the implementation of the various requirements under the License. As you may recall from the hearing, the Board's conditions for approval included a number of conditions described in a January 22, 2015 letter submitted to the Board, in addition to the hours of operation. The implementation status of each of these conditions is further described below: 1. A so-called "house' speaker system will be procured by the Applicant and used by all DJ's performing services within the tent at the Function Pavilion; Status: The system has been purchased from ProSound Service and has been delivered on-site. The tent is due to be erected by Monday,4/27/15 by Exeter Tent Rentals. The system is due to be installed on Wednesday or Thursday,4/29 or 30. 2. DJs and other entertainment would be required to connect their music system signal output to the Smolak Farms amplification input system in order to limit amplification at the sound level source. Status: All entertainment is compelled to sign contracts specifying their use of the"in house sound system." Their equipment will be connected to the"house system." Compliance with hours of operation entertainment policy and a no consumption of alcohol policy will be contractually required with signatures Licensing Commission c/o Board of Selectmen April 24,2015 affixed. Each DT will be trained on the use of the equipment on-site prior to their use of the facilities. 3. The loudspeakers would be installed in a fixed position that cannot be moved by the DJ, and those speakers will be pointed away from sensitive receptors (i.e., pointed away from the nearest residences). Status: The speakers are scheduled to be mounted, secured and locked on two 3'X3' pedestals and secured in place on the dance floor pointed away from the residences and focused on the dance floor directed on the diagonal across the floor. As required by the terms of the License, the acoustical curtains will be mounted and the entertainment will be oriented facing towards the dance floor and away from residences. The sound absorbing panels installed last year will be re-installed on the east and north sides of the tent. These items are scheduled to be installed during the week of April 27, 2015. 4. Prior to installing the Smolak Farms system, Cavanaugh Tocci Associates (CTA) will measure the background sound levels (i.e., the level of sound within the ambient environment as if no music is performed) at representative receptor locations as required by the MADEP noise policy. Based upon its experience, CTA would expect a background sound level to range between 30 and 40 dB which is characteristic of expected background noise levels in a suburban or suburban/rural setting Status: CTA conducted detailed background sound level measurements as required by MassDEP to establish the compliance level for Smolak Farms entertainment sound at nearest residences. That limit was determined to be 39 dBA. The applicable MassDEP limit was established on the basis of 7 days of continuous hourly sound monitoring. The Smolak Farms house sound system will be set to maintain entertainment sound levels below this limit. 5 & 6. CTA will then use the previously determined maximum sound level in the tent needed to be maintained in order to conform to the MassDEP limit at the nearest residences. CTA believes this sound level would be in the 80 dBA range. Sound system will be calibrated. Status: CTA will follow the following procedure. { - 2 - Licensing Commission c/o Board of Selectmen April 24,2015 a) CTA will input broadband sound into the new house system to determine the sound level difference between the tent and the edge of the Smolak property near the residences to the northeast. This is to confirm the difference already measured as noted above. b) The amount that the A-weight sound level must be reduced in the tent to achieve the MassDEP limit at the edge of the Smolak property will be applied to the new house system. c) The new house system would then be tested using actual music of the type containing low frequency sound typical of dance music. The low frequency"beating or thumping' sound commonly heard at long distances from outdoor entertainment facilities will be further reduced through the octave band limiter of the new house system. d) Music sound level at the edge of the Smolak Farms property would then be re-measured, and careful observations made to ensure that low frequency sound is not unacceptable in the opinion of CTA. The system would then be locked thus not permitting entertainment sound levels to exceed the limits set by CTA. e) CTA would then prepare a Standard Operating Procedure (SOP) for the system and train Smolak Farms personnel and DT's authorize to use the new house system. Smolak Farms staff would police the proper use of the system under the provisions of the SOP. f) CTA would attend the first two events to monitor sound levels and be on-hand in the event that further adjustments might be required. g) Work would be completed with a field report prepared CTA within two weeks after the first event attended. Cavanaugh Tocci Associates anticipates completing steps a) through d) of its procedure by Friday,May 1, 2015. The first anticipated events that CTA would attend are May 10 and May 17, 2015. Steps e) through g) are discussed below. { - 3 - Licensing Commission c/o Board of Selectmen April 24,2015 7. As part of a so-called"belt and suspenders" approach to controlling sound, the Applicant will also install a signaling system comprised of a sound level meter and a red/yellow/green light array. The signal lights would be placed in view of the DJ and Farm personnel. This will allow the DJ and Farm personnel to know how music sound levels compare with establish limits, and would act as a check on the performance of the signal processing system. It is anticipated that the back-up signal system would not display a red light, but in the unlikely circumstance a red light would display, the DJ would lower music levels accordingly under the direction of trained Farm personnel in accordance with the Standard Operating Procedures Manual to be developed by CTA Status: The back up system was purchased in February and is on site. 8. When the Smolak Farms system is installed at the property, and prior to holding the first Function Pavilion event, CTA would test the operation of, and calibrate, the system. CTA would then perform sound level system testing to properly set operating limits and to set threshold limits for the above described signaling system. Status: Any member of the Board who has an interest in the sound level calibration and the process is invited to view the setup once the installation is complete and the conditions are satisfied. This is expected to occur during the week of May 4th 9. Once the new Pavilion system is installed, calibrated, and tested, CTA would prepare a Standard Operating Procedures Manual and provide training to on-site staff and event DJs contracted by Smolak Farms. CTA would then monitor sound levels during the first two events to evaluate conformance with MassDEP noise policy limits, and observe Farm personnel to ensure compliance with the Standard Operating Procedures Manual. Status: The Standard Operating Procedures Manual is currently being developed, and training is scheduled to be completed during the first week of May. The first two events will be monitored by CTA, and those events are scheduled for May 10, 2015, and May 17, 2015. After completion of all the requirements above, documentation supporting all information and specifications outlined in this letter will be submitted in report form to the Board. { - 4 - Licensing Commission c/o Board of Selectmen April 24,2015 Please advise me if you have any questions. Thank you for your assistance and cooperation with these matters. Sincerely, H. Michael Smolak,Jr. { - 5 -