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Home My WebLink About2015-08-31 Board of Selectmen Minutes w/documents BOARD OF SELECTMEN MINUTES August 31, 2015 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:00 PM at Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Tracy Watson, Clerk Phil DeCologero, Licensing Commissioner, Richard Vaillancourt, Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 20 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of August 10, 2015 Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Parson Barnard House Celebration-September 5, 2015 from 1:00 p.m. to 5:00 p.m. Members of the Historical Society were present to announce the Parson Barnard House Celebration on September 5, 2015 from 1:00 p.m. to 5:00 p.m. Job posting/vacancy log Included in the packets was the job posting/vacancy log from the Human Resources Department. In response to a question about the residency requirement for reserve police officers, Assistant Town Manager, Ray Santilli, explained that you must be a resident for the 365 days prior taking the test. Other communications and announcements Selectman Smedile announced that for their 80" Birthday Celebration the Women's Club would be hosting a high tea at Steven's Estate on September 20, 2015. CONSENT ITEMS: Affordable Housing Trust requests approval of disbursement from Affordable Housing Trust Fund for grant to Bread and Roses Housing, Inc. for purchase of 64-66 May Street George Koehler, Chairman of the Affordable Housing Trust explained the project and introduced Yesenia Gil, Executive Director of Bread & Roses Housing, Inc. The Affordable Housing Trust is once again partnering with Bread & Roses Housing, Inc. to purchase a property to be renovated and sold as affordable housing. Included in the packets was a draft Grant Agreement. The Grant Agreement awards $400,000 from the Affordable Housing Trust Fund to Bread & Roses Housing, Inc. for the purpose of purchasing 64-66 May Street. Once the units are sold to qualified buyers, Bread & Roses will pay back the trust$128,000, plus the difference between the anticipated expenses and the actual expenses. Phi DeCologero made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen authorize Town Manager,Andrew Maylor, to execute a Grant Agreement between the North Andover Affordable Housing Trust and Bread& Roses Housing, Inc., and approve disbursement of funds from the Affordable Housing Trust Fund in the amount of$400,000.00 for the acquisition of property located at 64-66 May Street, North Andover, MA. Vote approved 5-0. Appointment of Anne Marie Brightman to Festival Committee The Appointment Subcommittee recommends Anne Marie Brightman be appointed to the Festival Committee for a term ending June 30, 2016. Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen appoint Anne Marie Brightman to the Festival Committee for a term ending June 30, 2016. Vote approved 5-0. Request of Marybeth Chesler of North Andover Middle School to use Steven's Pond on Monday, September 21, 2015 and Thursday, September 24, 2015 from 8:15 a.m. to 2:15 p.m. for 6th grade kayaking Board of Selectmen Minutes August 31, 2015 2 Marybeth Chesler of the North Andover Middle School submitted a request to use Steven's Pond on Monday, September 21, 2015 and Thursday, September 24, 2015 from 8:15 a.m. to 2:15 p.m. with a rain date of Friday, September 25, 2015 for 6th grade kayaking. All relevant departments reviewed the request and have no issues. Richard Vaillancourt made a MOTION, seconded by Tracy Watson, that the Board of Selectmen approve the request of Marybeth Chesler of the North Andover Middle School to use Steven's Pond on Monday, September 21, 2015 and Thursday, September 24, 2015 from 8:15 a.m, to 2:15 p.m, for 6th grade kayaking, with a rain date of Friday, September 25, 2015. Vote approved 5-0. Approve and sign Order of Taking for Safe Routes to School Project Gene Willis, DPW Engineer, was present to request the Board approve and sign the Order of Taking for the Safe Routes to School Project included in the packets. The Order of Taking was reviewed by legal counsel. Mr. Willis indicated that all 32 residents donated the easements, which is a testament to the neighborhood. The Board thanked all the residents for their donation. Phil Decologero made a MOTION seconded by Rosemary Smedile that the Board of Selectmen pursuant to the authority granted by the vote taken under Article 6 of the May 19, 2015 Town Meeting, to take by eminent domain temporary easements in the parcels of land shown on a plan entitled"Easement Plan,"dated July 22, 2015,prepared by Allen &Major Associates, Inc., and to execute the Order of Taking in the form presented to us by Town Counsel, which easement shall terminate 3 years after the Order of Taking is recorded. No damages are awarded for said taking, and further, the affected owners have waived damages for said taking. Vote approved 5-0. Approve and sign Conservation Restriction to Essex County Greenbelt Association for Half Mile Hill Summit, Sunnyridge, and Ousler Property Included in the packets is the Conservation Restriction to Essex County Greenbelt Association for Half Mile Hill Summit, Sunnyridge, and Ousler Property to be approved and signed by the Board. The Conservation Restriction is required in order to comply with M.G.L. Chapter 44B, Section 12(a)of the Community Preservation Act. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve and sign the Conservation Restriction to Essex County Greenbelt Association for Half Mile Hill Summit, Sunnyridge, and Ousler Property, as presented. Vote approved 5-0. Affordable Unit Resale-3 Harvest Drive, Unit 207 (Oakridge Village-Maplewood Reserve) The Citizens' Housing and Planning Association (CHAPA) notified the Town that the affordable housing unit at 3 Harvest Drive, Unit 207 (Oakridge Village-Maplewood Reserve) is up for sale. It was recommended the Board not exercise its right of first refusal. Phil DeCologero made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 3 Harvest Drive, Unit 207(Oakridge Village-Maplewood Reserve). Vote approved 5-0. Disposal of surplus vehicles-Police Department Per the town policy regarding surplus equipment, Police Chief Paul Gallagher submitted a memorandum requesting the Board surplus three vehicles which will be used as trade-ins for approved 2016 purchases. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the request of Police Chief Paul Gallagher, to surplus vehicles#302(2012 Dodge Charger), #306(2012 Dodge Charger)and#311(2006 Dodge Magnum)per his memo to the Town Manager dated August 6, 2015. Vote approved 5-0. Approve Water/Sewer Abatement Policy Included in the packet was a proposed Water/Sewer Abatement Policy to replace the current policy which was adopted in 2001. The Town Manager explained that the policy has been rewritten to provide a clear procedure for abatement requests and provide a more reasonable timeline for resolution of the request. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve the Water/Sewer Abatement policy as presented. Vote approved 5-0. Request of Glen Alt, Water Treatment Plant Superintendent, to waive all permit fees for the Rea's Pond Sewer Station Improvement Project Included in the packet was a memorandum from Glen Alt, Water Treatment Plant Supervisor, requesting the Board waive all permit fees for the Rea's Pond Sewer Station Improvement Project. Board of Selectmen Minutes August 31, 2015 3 Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen waive all permit fees for the Rea's Pond Sewer Station Improvement Project. Vote approved 5-0. Columbia Gas of Massachusetts requests In accordance with M.G.L. c164 §70, the Board must give consent to the gas company to `dig up and open the ground in any of the streets, lanes and highways of a town.' Please refer to the material in your packet regarding the following requests for excavation from Columbia Gas of Massachusetts: 1. to excavate at 24 Patton Lane to install new gas service 2. to excavate at 9 Peachtree Lane to install new gas service 3. to excavate at 15 Peachtree Lane to install new gas service 4. to excavate at 25 Peachtree Lane to install new gas service 5. to excavate at 500 Great Pond Road to install new gas service 6. to excavate at 9 Lincoln Street to install new gas service 7. to excavate at 224 Summer Street to install new gas service Richard Vaillancourt made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the requests of Columbia Gas of Massachusetts to excavate at 24 Patton Lane, 9 Peachtree Lane, 15 Peachtree Lane, 25 Peachtree Lane, 500 Great Pond Road, 9 Lincoln Street and 224 Summer Street to install new gas service, as presented. Vote approved 5-0. Chairman Watson announced the Board would be taking the Public Hearings for Columbia Gas and Verizon New England out of order. PUBLIC HEARING: Continued from 7/13/15- Request of Columbia Gas of Massachusetts to install Rectifier Groundbed and Rectifier Pole across from 56 Great Pond Road This hearing was continued from 7/13/15 because there was no representative from Columbia Gas to present the petition. Matthew Rabin from Columbia Gas presented the petition to the Board. There were no comments from the public. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that Board of Selectmen close the public hearing. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve the request of Columbia Gas of Massachusetts to install a Rectifier Groundbed and Rectifier Pole across from 56 Great Pond Road, as presented. Vote approved 5-0. Request of Verizon New England to install underground conduit-Great Pond Road at Great Lake Lane Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen open the public hearing for the request of Verizon New England to install underground conduit-Great Pond Road at Great Lake Lane. Vote approved 5-0. The Chair asked the representative from Verizon, Joseph Gleason, to present the application. There were no comments from the public. Rosemary Smedile made a MOTION, seconded by Donald Stewart, that Board of Selectmen close the public hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart that the Board of Selectmen approve request of Verizon New England to install underground conduits on Great Pond Road at Great Lake Lane, as presented. 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 a One Day All Alcohol license for a Donor/BOT Reception at the Rogers Performing Arts Center on Wednesday, September 17, 2015 from 5:00 p.m. to 10:00 p.m. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the One Day All Alcohol license for Merrimack College for a Donor/BOT Reception at the Rogers Performing Arts Center on Wednesday, September 17, 2015 from 5:00 p.m. to 10:00 p.m. Vote approved 5-0. Public Hearing for alleged liquor license violation-Thyme Restaurant-97 Turnpike Street Board of Selectmen Minutes August 31, 2015 4 Tracy Watson made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen open the public hearing for the purpose of obtaining information regarding a possible liquor license violation by Thyme Restaurant, 97 Turnpike Street. Vote approved 5-0. The Chair read the notice sent to license holder. Town Clerk, Joyce Bradshaw, administered the oath to Lieutenant Eric Foulds, Detective Sean Daley and Detective Daniel Cronin. Lieutenant Foulds explained this incident arose from a compliance check working under a grant targeting underage alcohol use. Detective Daley read the police report. In response to question from the Commissioners, Detective Daley indicated that during the grant execution time period, the Police Department checked all liquor stores and restaurants. On May 28, 2015, the police checked 10-15 business with liquor licenses. The Town Clerk swore in the license holder and witnesses. Fann Linn spoke on behalf of the license holder. Mr. Linn agreed to the facts as presented and apologized for the mistake. Mr. Linn indicated that all employees serving alcohol are now TIPS certified, they remind servers to check ID's at their daily meetings and they have purchased a machine to read licenses. Rosemary Smedile made a MOTION, seconded by Donald Stewart that Board of Selectmen close the public hearing. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen acting as Licensing Commissioners, find that on May 28, 2015 at Thyme Restaurant, 97 Turnpike Street, a liquor license violation did occur. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Donald Stewart that the Board of Selectmen acting as Licensing Commissioners, issue a written warning to Thyme Restaurant, 97 Turnpike Street, for violation of the Town of North Andover Alcoholic Beverages Regulations and 204 CMR 2.05(2)Permitting an illegality on the licensed premises, to wit. Chapter 138, Section 34, Sale or delivery of an alcoholic beverage to a person under twenty-one years of age. Vote approved 5-0. Richdale (Artie's Corner)-4 Main Street Tracy Watson made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen open the public hearing for the purpose of obtaining information regarding a possible liquor license violation by Richdale(Artie's Corner), 4 Main Street. Vote approved 5-0. The Chair read the notice sent to license holder. Detective Daley read the police report. Town Clerk, Joyce Bradshaw, administered the oath to the owner and her attorney, Brian Vaughan of Smolak and Vaughan. Attorney Vaughan explained that the manager, Mohammad Alam, could not be present because he is at Lawrence General Hospital for a cardiac condition. Mr. Vaughan submitted a doctor's note to the Commission. Mr. Vaughan stipulated to the facts presented. The owner, Mrs. Alam, stated that the person who sold the alcohol was not an employee but a friend of the family that lives out of the country. Chairman Vaillancourt recommended the hearing be continued until Mr. Alam can be present. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the public hearing be continued until September 14, 2015 or until Mohammad Alam is well enough to attend. Vote approved 5-0. Donald Stewart made a MOTION seconded by Tracy Watson, to close the meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: Stan Limpert of the School Committee announced school starts September 8th and the track has been resurfaced. Selectman Stewart suggested Steven's Pond should not have closed last week as there are still two weeks of summer left. The Town Manager indicated the Town will review the policy and report back to the Board. TOWN MANAGER'S REPORT: None Board of Selectmen Minutes August 31, 2015 5 ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, to adjourn the meeting at 8:29 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Documents used at meeting: August 10, 2015 minutes Parson Barnard House invitation Job posting/vacancy log Memorandum with documents regarding Affordable Housing Trust request Memorandum regarding appointment to Festival Committee Memorandum with request to use Steven's Pond Memorandum and documents regarding Safe Routes to School Order of Taking Memorandum and documents regarding Conservation Restriction Memorandum regarding Affordable Unit Resale Memorandum regarding NAPD surplus vehicles Memorandum and documents regarding Water/Sewer Abatement Policy Memorandum regarding waiver of fees for Rea's Pond Project Memorandum and documents regarding Columbia Gas requests Memorandum and documents regarding Merrimack College request Memorandum and documents regarding hearing for Thyme Restaurant Memorandum and documents regarding hearing for Richdale (Artie's Corner) Petition of Columbia Gas Petition of Verizon New England TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACIH[JSETTS 01845 Tracy M. Watson, Chairman Phil DeCologero, Clerk TEL. (978)688-9510 Rosemary Connelly Smedile FAX(978)688-9556 Donald B. Stewart Richard M. Vaillancourt BOARD OF SELECTMEN& LICENSING COMMISSIONERS AGENDA MONDAY,AUGUST 31,2015 at 7:00 PM TOWN HALL MEETING ROOM L CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. August 10,2015 Open Session Minutes,as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Parson Barnard House Celebration-September 5,2015 from 1:00 p.m.to 5:00 p.m. B. Job posting/vacancy log V. CONSENT ITEMS A. Affordable Housing Trust requests approval of disbursement from Affordable Housing Trust Fund for grant to Bread and Roses Housing,Inc.for purchase of 64-66 May Street B. Appointment of Anne Marie Brightman to Festival Committee C. Request of Marybeth Chesler of North Andover Middle School to use Steven's Pond on Monday, September 21,2015 and Thursday, September 24,2015 from 8:15 a.m.to 2:15 p.m. for 6"'grade kayaking D. Approve and sign Order of Taking for Safe Routes to School Project E. Approve and sign Conservation Restriction to Essex County Greenbelt Association for Half Mile Hill Summit, Sunnyridge,and Ousler Property F. Affordable Unit Resale-3 Harvest Drive,Unit 207(Oakridge Village-Maplewood Reserve) G. Disposal of surplus vehicles-Police Department H. Approve Water/Sewer Abatement Policy L Request of Glen Alt,Water Treatment Plant Superintendent,to waive all permit fees for the Rea's Pond Sewer Station Improvement Project J. Columbia Gas of Massachusetts requests permission: 1. to excavate at 24 Patton Lane to install new gas service 2. to excavate at 9 Peachtree Lane to install new gas service 3. to excavate at 15 Peachtree Lane to install new gas service 4. to excavate at 25 Peachtree Lane to install new gas service 5. to excavate at 500 Great Pond Road to install new gas service 6. to excavate at 9 Lincoln Street to install new gas service 7. to excavate at 224 Summer Street to install new gas service VL LICENSING COMMISSIONERS A. Mukta Shah of Merrimack College requests a One Day All Alcohol license for a DonorBOT Reception at the Rogers Performing Arts Center on Wednesday, September 17,2015 from 5:00 p.m.to 10:00 P.M. B. Public hearing for alleged liquor license violation 1. Thyme Restaurant-97 Turnpike Street 2. Richdale(Artie's Corner)-4 Main Street VII. PUBLIC HEARING A. Continued from 7/13/15-Request of Columbia Gas of Massachusetts to install Rectifier Groundbed and Rectifier Pole across from 56 Great Pond Road B. Request of Verizon New England to install underground conduit-Great Pond Road at Great Lake Lane VIII. OLD BUSINESS IX. NEW BUSINESS X. PUBLIC COMMENT XL TOWN MANAGER'S REPORT A. "Ask the Manager" XII. NEXT MEETING DATE Monday, September 14,2015 XIIL ADJOURNMENT Approval of Minutes BOARD OF SELECTMEN MINUTES August 10, 2015 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:01 PM at Town Hall Meeting Room. The meeting was recorded. ATTENDANCE: The following were present: Chairman Tracy Watson, Clerk Phil DeCologero, Licensing Commissioner, Richard Vaillancourt, Rosemary Smedile, Donald Stewart, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 28 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Phil DeCologero made a MOTION, seconded by Richard Vaillancourt, to approve the Open Session Minutes of July 13, 2015. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Swearing in of new Police Officers-Officer Adrian M. Cuevas, Officer Brandon W. James, Officer Michael A. Logan and Officer Anthony J. Sousa Police Chief, Paul Gallagher, introduced the new police officers that just graduated from the Police Academy-Adrian M. Cuevas, Brandon W. James, Michael A. Logan and Anthony J. Sousa. Town Clerk, Joyce Bradshaw, administered the oath to new the officers. Million Minute Challenge-Kathleen Keenan, Library Director Kathleen Keenan, Director of Stevens Memorial,Library, provided information about the library's summer initiative, the Million Minute Challenge. The library has partnered with parents and the schools to help accomplish their goal of getting residents and students to read more. Job posting/Vacancy log Included in the packets was the job posting/vacancy log from the Human Resources Department. Other communications and announcements: Selectman Smedile ask the Town Manager if the town could have an email link on the town website, similar to other towns, that will allow residents to report potholes, street light outages, etc. The Town Manager indicated that the Town currently has an application for that and he would work with IT to make information on how to report issues more easily accessible. The Town Manager thanked Jay Ash, Secretary of Housing and Economic Development for the Commonwealth of Massachusetts, for his visit to Osgood Landing last week. Mr. Maylor explained that over 25 people attended the meeting with the goal of working together with the owner to try to bring additional businesses to the property. CONSENT ITEMS: Accept donation of weight lifting equipment valued at$2,000 from Gregg Christie to be used at new fire station Gregg Christie of 1445 Great pond Road graciously donated the following equipment to be used at the new fire station: 1000 pounds of"Standard" brand barbell plates, 2 lifting bars, 2 steel weight stands, 1 "Standard" brand flat bench, 1 incline bench, 1 decline bench and 1 "Power Masters" leg press machine. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen accept the donation from Gregg Christie of weight lifting equipment valued at$2000 to be used at the new fire station. Vote approved 5-0. Appointments Planning Board Associate Member-Regina Kean Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen appoint Regina Kean to the Planning Board as an Associate Member for a term ending June 30, 2017. Vote approved 5-0. Board of Selectmen Minutes August 10, 2015 2 Youth and Recreation Council-Maureen Ferris Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen appoint Maureen Ferris to the Youth and Recreation Council for a term ending June 30, 2018. Vote approved 5-0. Stevens Estate Board of Trustees-Nicole Pelletier Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen appoint Nicole Pelletier to the Stevens Estate Board of Trustees for a term ending June 30, 2018. Vote approved 5-0. Zoning Board of Appeals Associate Member-Alexandria Jacobs Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen appoint Alexandria Jacobs to the Zoning Board of Appeals as an Associate Member for a term ending June 30, 2018. Vote approved 5-0. North Andover Merchants Association request to use Town Common for Fall Festival on Saturday, September 26, 2015 from 7:00 a.m. to 4:00 p.m. and close Massachusetts Avenue from Osgood Street to Andover Street from 8:00 a.m. to 4:00 p.m. Dawn Pease, President of the North Andover Merchants Association, was present to request permission to use the Town Common for their annual Fall Festival on Saturday, September 26, 2015. Ms. Pease indicated that although their request stated from 7:00 a.m to 4:00 p.m., they would like to amend that to 6:00 a.m. to 5:00 p.m. and amend the road closure request to close Mass Ave from Osgood Street to Academy Road, not Andover Street. All relevant departments reviewed the request and have no issues, except standard conditions regarding parking and trash. Phil DeCologero made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen approve the request of the North Andover Merchants Association to use the Town Common for their Fall Festival on Saturday, September 26, 2015 from 6:00 a.m. to 5:00 p.m. and to close Massachusetts Avenue from Osgood Street to Academy Road from 8:00 a.m. to 4:00 p.m. Vote approved 5-0. Cystic Fibrosis Foundation request to use Drummond Park for`Great Strides: A Walk to Cure Cystic Fibrosis' on Saturday, May 21, 2016 from 9:00 a'.m. to 3:00 p.m. Included in the packets was a request from the Cystic Fibrosis Foundation to use Drummond Park for their annual Great Strides Walk to CureCystic Fibrosis'on'Saturday, May 21, 2016 from 9:00 a.m. to 3:00 p.m. All relevant departments reviewed the request and have no issues. Rosemary Smedile made a MOTION;seconded by Richard Vaillancourt, that the Board of Selectmen approve the request of the,Cystic Fibrosis Foundation to use Drummond Park on Saturday, May 21,2016 from 9:00 a.m, to 3:00 p.m. for the Great Strides Walk to Cure Cystic Fibrosis. Vote approved 5-0. The Town Manager explained that Items'E and F on the Agenda (Approval and execution of Order of Taking for Safe Routes to School project; and Approval and execution of documents related to the Bradstreet School development, including Tripartite Agreement and First Amendment to Land Development Agreement) have been moved to the next meeting as more time was needed to put the documents together. 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. Smolak Farms requests the following One Day All Alcohol Licenses: 1. Saturday, August 15, 2015 from 4:00 p.m. to10:00 p.m. for Slack/Weinberg wedding 2. Sunday, August 16, 2015 from 4:00 p.m. to 9:00 p.m. for Fandel wedding 3. Saturday, August 22, 2105 from 3:00 p.m. to 8:00 p.m. for Mondtrond birthday party 4. Saturday, August 29, 2015 from 4:00 p.m. to 10:00 p.m. for Morrison/Bennett wedding 5. Saturday, September 5, 2015 from 12:00 p.m.-5:00 p.m. for Braley birthday party 6. Sunday, September 6, 2015 from 4:00 p.m. to 10:00 p.m. for Perrott/Whittle wedding 7. Tuesday, September 15, 2015 from 4:00 p.m. to 9:00 p.m. for Peabody Supply corporate picnic 8. Saturday, September 19, 2015 from 4:00 p.m. to 10:00 p.m. for Smith/Greene wedding 9. Thursday, September 24, 2015 from 4:00 p.m. to 9:00 p.m. for Crosby Company corporate picnic 10. Saturday, September 26, 2015 from 4:00 p.m. to 10:00 p.m. for Candelario/Gill wedding Board of Selectmen Minutes August 10, 2015 3 Debra Ingalls of Butlers and Bars was present to answer questions regarding the requests. Chairman Vaillancourt informed Ms. Ingalls that the Entertainment License for Smolak Farms is only until 7:00 p.m. on weeknights; therefore, the corporate events on Tuesday, September 6 t and Thursday, September 24 1h could not have live music or entertainment after 7:00 p.m. Ms. Ingalls indicated she would pass the information along to Mr. Smolak. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the ten One Day All Alcohol Licenses for events at Smolak Farms, as presented. Vote approved 5-0. Merrimack College request a One Day All Alcohol license for a New Faculty Reception on Wednesday, August 26, 2015 at the Rogers Performing Art Center from 5:00 p.m. to 9:00 p.m. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen, acting as Licensing Commissioners, approve the One Day All Alcohol license for Merrimack College for a New Faculty Reception on Wednesday, August 26,;2015 at the Rogers Performing Arts Center from 5:00 p.m. to 9:00 p.m. Vote approved 5-0. St. Gregory Armenian Church requests a One Day Wine & Malt license for their annual picnic on Sunday, September 13, 2015 from 12:00 p.m. to 6:00 p.m. and waiver of fee Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen, acting as Licensing Commissioners, approve the One Day Wine &Malt license for St. Gregory Armenian Church on Sunday, September 13, 2015 from 12:00 p.m. to 6:00 pm. for their annual picnic and waive the fee. Vote approved 5-0. Dicor Restaurant application for Wine and Malt Restaurant license' Jessica Vaelez of Dicor Restaurant was present to answer the Board's questions regarding the license request. The Board informed the applicant that her servers are required to be TIPS certified and she may want to purchase a machine that reads ID's. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen, acting as Licensing Commissioners, approve a Wine and Malt Restaurant license for Dicor Restaurant. 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. OLD BUSINESS: None NEW BUSINESS: None PUBLIC COMMENT: Selectman Stewart said there is a problem with the new stop sign on Water and Elm Streets because it was never reviewed by the Police Department safety officer. The Town Manager explained that the request was made by Bruce'Thibodeau of the DPW after meeting with the Police Department who agreed with the sign being installed. The intersection will be reevaluated in 4 months. TOWN MANAGER'S REPORT: Fire Department Report Included in the packet was the July 2015 Activity Report provided by the Fire Department. Police Department Report Included in the packet was the July 2015 Crime Statistics provided by the Police Department. ADJOURNMENT: Rosemary Smedile made a MOTION, seconded by Donald Stewart, to adjourn the meeting at 7:57 p.m. Vote approved 5-0. Board of Selectmen Minutes August 10, 2015 4 Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Documents used at meeting: Minutes of July 13, 2015 Memorandum from Police Chief Gallagher Job posting/vacancy log Memorandum regarding donation from Gregg Christie Memorandum regarding appointments Memorandum with request from North Andover Merchants Association Memorandum with request from Cystic Fibrosis Foundation Memorandum with requests from Smolak Farms Memorandum with request from Merrimack College Memorandum with request from St. Gregory Armenian Church Memorandum with request from Dicor Restaurant Fire Department July 2015 Incident Report Memorandum from Police Chief with July 2015 Crime Statistics Communications And Announcements I i Y I 1 Yp � pwN orb 1 � rf�M.VM�I xr f / mn7i�y 1 MII Parson Barnard House 1715 - 2015 Or r "`s JIdFAr „l qm+n„�� // �� DA � ✓ l J n! 6 � u I P September 5, 2015 Celebration 300 rears ofelVorth o4ndover History 11111 1 E s ,, :1 a "�� s u iiii��,m tl tl The North Andover Historical Society Job Posting/Vacancy Log August 26, 2015 Date Position Department Hiring Manager Status Posted 8/26/15 Department Assistant Community Eric Kfouiy Posted internally and, will advertise in Part Time & Economic Eagle Tribune and on Monster.com for 30 Development days. 8/12/15 Department Assistant Town Clerk Joyce Bradshaw Selected Patricia Sifferlen,transfer within Town Clerk department. Internal posting. 8/5/15 Assistant Library Stevens Kathleen Keenan Reviewing resumes. Position is open Director Library until filled, listed on Town website and Merrimack Valley Library Consortium site. 8/5/15 Operation & Water Glen Alt Internal applicants to be interviewed on Maintenance Chief Treatment 8/21 & 8/26. Internal posting. Plant 8/4/15 Reserve Police Officer NAPD Chief Gallagher New list generated by Civil Service on (2) 8/20, applicants must sign by 8/31/15. Two individuals signed, Civil Service contacted on 8/19/15 to request additional applicants. One applicant does not meet residency requirement. Civil Service generated list, applicants have to sign by 8/14/15. 7/16/15 Assistant Children's Stevens Kathleen Keenan Posting closed on 7/27/15, received 6 Librarian Library resumes. Resumes being reviewed. Replacement of internal transfer to Senior Library Assistant. 7/13/15 Library Assistant(two) Stevens Kathleen Keenan Received 26 resumes, resumes being Library reviewed. Two new part time positions approved for FY 16 budget. Receiving resumes 6/30/15 Community Service NAPD Chief Gallagher Hired Marie Petto start date is 9/8/15. Officer Position is open until filled; received 7 resumes to date. Interviews scheduled for 8/6/15. Consent Items AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 25, 2015 Re: Vote to approve disbursement of Affordable Housing Trust Funds The Trustees of the Affordable Housing Trust have voted to provide funding to Bread & Roses Housing, Inc. for the purchase of a property at 64-66 May Street. The Trust will provide Bread & Roses with $400,000 of which $128,000 will be returned to the Trust upon the sale of the units. Chapter 28, Section 28-5 of the General Bylaws gives the Trustees the power"with the approval of the Board of Selectmen, to disburse trust funds for the purpose of making loans or grants in furtherance of the creation or preservation of affordable housing in North Andover upon such terms as the Trustees shall deem most appropriate to carry out such purposes." Attached is a project summary including the pro forma budget. IIISTIO V-v v `\ PROJECT SUMMARY BRH has aln accepted offer to purchase 64-66 May Street 2 5 t The subject is a duplex style, two-family r -- 2.,758 approximate living area . ft. lot bedrooms Unit I contains 3 rocs . Unit bedrooms contains 2 n bathroom BRH Intends to rehabilitate sell the unit to an income qualified household funding BRH requests $400.,000 in NAAHT MLS # 71800665 hoc T of 2 - Co MLS#' 180066ntingent Multi Famil 2 Family Units !side b 'Side 64-- P ..... ... ._ ic 66 May St List Price: $399,900 North Andover,M A 01845-2318 Essex County "' � ' ��✓`��!;�urz�af�'�rnrwrwww�wGrc��s✓n�r+a�s!�r�� %� Color: Gold Total Floors: 2 Total Roams; 9 � Total Units:1 Total Bedrooms: 5 E , Total Rant: $0 Total Bathrooms: zf lh Grade School: Total Fireplaces; 0 Middle School: - 4� �� q High School: T� Directions: Main to May or Waverly to Hodges to May 17 Photos VER 1. Y EASY TO MAKE EACH UNIT 3 BEDS!Smart investment as an owner occupied property or investment.Dele ._.__ . ._.. . Remarks w a ad &renovation already done in unit 66H The renovation of kitchen&bath has been done in Unit 64.All the smart improvements done:windows,roof,vinyl siding.Convenient to highway access,downtown and t-station.CAN YOU SAY CASH FLOW??!!! Ppla arty inormation q _._.,..._ .._.. 0.12(5117.00 sq.ft.) Park ne Spaces _..._..__ Approx.Living Area 1758 s ft. Approx.Acres. Living Area Includes: Heat/Cool Zones: / g Spaces:4 Off-Street Living Area Source: Public Record Heat/Cool Units: 2/ Approx.Street Frontage; Living Area Disclosures: Disclosures: De-lead certification&report for Unit#66 only,access easement side 64 Annual Ex enses ........ ..,„ Hen Grass Income _..... ._ Heating: $ Repair&Maintenance; $ Management: $ $ Gas:$ Trash Removal:$ Miscellaneous: $ Gross Expenses: $ Electricity: $ Sewer: $ Ann. Prop.Oper,Data: No Net Income: $ Water: $ Insurance: $ Annual Expense Source; -- Unit Descriptions ... ._ _ .. ._ __ .... Unit#1 Rooms: 6 Bedrooms: 2 Full/Half Baths: If ih Fireplaces: 0 Levels: 3 Floor: i Rent: O Lease: Na Rooms: Living Room,Dining Room,Kitchen,Loft Appliances; Range,Dishwasher Heating: Gas Unit#z Rooms: 6 Bedrooms: 3 Full/Half Baths: If Oh Fireplaces: 0 Levels: 2 Floor: 1 Rent: 0 Lease: No Rooms: Living Room,Dining Room,Kitchen Appliances: Range,Dishwasher,Refrigerator Features Other Property Info Area Amenities; Public Transportation,Shopping,Park,Medical Facility,Laundromat, Adult Community: No Highway Access,House of Worship,Private School,Public School,T-Station Disclosure Declaration: Yes Basement:Yes Exclusions: Beach; No Facing Direction: South Construction: Frame Lead Paint:Certified Energy Features: Insulated Windows Treated,Unknown Exterior:Vinyl UFFI: Unknown Warranty Exterior Features: Porch Features: -- Year Built: 1900 Source: Foundation Size: Public Record Foundation Description: Fieldstone Year Built Description: Actual Lot Description: Shared Drive Year Round:Yes Road Type: Public Short Sale Roof Material: Asphalt/Fiberglass Shingles w/Lndr.App.Req: No llttp://VOW.III]spin.Coin/repOltS/pLibiic.aspx`.>miss-71800665&S1IowRateP1ug=F'I1se 9/10/201 / � � Pu�c� of2 D�I.S 47l800605 -�' _ � Sewer Utilities: City/Townmuwer Lender Owned: No Water Utilities: Oty/TownVVater Tan Information Waterfront: No Pin #: M.00018 B:00007 Water View: No L:00000 Assessed: $297,200 — Tax: $4,277 Tax Year: 2015 Book: 6615 Page: 22 Cert: -- | Zoning Code: Q4 / Map: Block: Lot: The information mneno�^m,mm muu /nUma^��rwmpvm�mcms.musp�penv|nmnnm/o^mo�nmmm — ' i��ubs��rso�ma/many and�all representations v,wm^ra^nosaswma^mnmq/ofmisi^m*muvo. Content @onswLa Properly Information wotwork./nc _ _ _ _ _ _ � _ _ _ _ - - hnn�/�«/vvud ' . |ic. u=7lH00065�� yo 9/10/2015 ' � - do0oop sl9,nature ver1tiCD00rt DocuSign Envelope ID:D4BOAB65-06F8-41F1-9D57.6B5F2D6F5335 §N111%CW(01"d°,•R"°+t SG`CAI dW,s•t 62}:,61?Ox CONTRACT TO PURCHASE MEAL ESTATE#501 (With Contingencies) (Binding Contract.IP Legal Advice Is Desired,Consult An Attorney.) From:BUYER(S): To: OWNER OF RECORD("SELLER"): Name(s):Bread & Roses Housing. Nanae(s):Deborah J McIntyre Address: 15 union St Address: 64-66 May St Lawrence MA 01840 North Andover MA 01845 64-66 May St. The BUYER offers to purchase the real property described as North Andover, MA 01845 containing 5227 sal more or less together with all buildings and improvements thereon (the"Premises")to which I have been introduced by Ffody & Cam_panyJ.- Inc. upon the following terms and conditions: 1. Purchase Price:The BUYER agrees to pay the sum of$ 392,050.00 to the SELLER for the purchase of the Premises(the"Offer") due as follows: i, $1,000.00 as a deposit to bind this Offer ❑and delivered herewith to the Seller tar Seller's went or to be delivered forthwith upon receipt of written acceptance. ii. $4,000.00 as an additional deposit upon executing tine Purchase And Sale Agreement; iii. Balance by bank's cashier's,treasurer's or certified check or wire transfer at time for closing. 2. Duration Of Offer.This Offer is valid until 6':Q0 l a.rtt. 0 p.m.oil ___ August 3,,_ 207.5 _by which time a copy of this Offer shall be signed by the SELLER, acceptig this Offer and returned to the BI.IYER, otherwise this Offer shall be deemed rejected and the money tendered herewith shall be returned to the BUYER. Upon written notice to the BUYER or BUYER'S agent of the SELLER'S acceptance,the accepted Offer shall farm a binding agreement time is of the essence as to each provision. 3. Purchase AiLd;,Ie Aareement,The SELLER and the,BUYER shall,on or betore 6:00 �(�a.m. �p,rn, [.rrt August 14_, 2015 ___execute: the, Standard 'Purchase and Sale Agreement of the MASSACHUSETTS ASSOCIATION OF REALTORS t: or substantial equivalent which, when executed, shall become the entire agreement between the parties and this Offer shall have no further force and effect. a.m. x he on P Essex North ( dear record atttl marketable title it _2:00 4. C",losin .The SELLER agrees to deliver a c,00cl oriel sufficient deed conveying good anal 0" �p, September 3, 2015 at the County Registry of Deeds or such other time or place as may be mutually agreed upon by the parties, 5. hscrow.Tlie deposit shall be held by BHHS Verani as escrow agc,rtt,subject to the terms hereof.Endorsement of-negotiation of this deposit by tlae real estate broker shall not be deemed acceptance of the terms of the Offer.In the event of any disagreement between rite, parties concerning to wham escrowed funds should be. paid, the,escrow agent may retain said deposit pending written instructions mutually given by the BUYER and SELLER. "I"he escrow agent shall abide by any Court decision concerning to whom the funds shall be Maid and shall not be made a patty to a pending lawt,tlit solely as a result of holding escrowed funds, Should the escrow agent be made a party in violation of this paragraph, tine escrow agent shall be dismissed and the party asserting a claim against tine escrow agent shall pay the agent's reasonable attorneys' fees and costs. 6 giviilr Hie lie to mbtrtill tetitleSt m A 01999,2000,2001,2002,2007,2010,2012,2013,2014 MASSACHUSETTS ASSOCIATION OF REAUrORS(O 10.22.2 0 14/40303 1 MASSFORMS" stair is staaaa a Heat rotate ea a a i Form No.501 Kody&C'ompany,3 Hodges St.North Andover,MA 01845 66 May St North Phone:(978)686-1954 Fax: Linda Kody Produced with zipFormg by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zipLociix.com doftopslgmmire vex ifir7tnon ` DocuSilln Envelope ID:tD4[30A665-06F8-4lFi-9D57-685F2D6F5335 17. [11JS)eetions. (P elete I('Waived) The BUYER'S obligations under this agreement are subject to the right to obtain inspecuon(s) of tine Prerntses or tiny aspect thereof, including,but not limited to,home,pest, radon,lead paint,septic•/sewer-,water quality,atrcl writer° drainage b, consullant(s) regularly in the business, of conducting said inspections, of BUYER'S otvn choosing, and at BUYER'S Y sole cost by ugust 13 _ , 2015 If the results are not s ztisfactory to BUY1::1':,in BUYER'S`i s(rle discretion, BUYER shall have the right to give written notice received by the SELLER or SELLER'S agent by 5;OO p.111, ern the calendar day after the date set forth above, terminating this algre.etnent. Upon receipt of Such notice this agreeanent shall be void and all monies deposited by the BUYER shall be returned. Failure to provide timely notice of termination shall constitute it waiver. In the event that the BUYER does- not exercise the eight to have such rttspcctiort(s) or to so terminate, the SCs1.,1,ht2 and the listing broker are each released from claims relating to the condition of tite Premises that the BUYER or the BUYERS consultants could reasonably have discovered. 7. Re resetrtr►tio►ts/A.cicno�r,ted rmerits. The BUYER acknowledges receipt of all agency disclosure, head paint disclosure (for residences built before 1978) and Horne Inspectors Facts For Consumers brochure (prepared by the Office of Consumer Affairs). The BUYER is not reslying upon any representation, verbal or written, front any real estate broker or licensee concerning legal use. Any reference to the category (single family, multi-family, residential, commercial) or the use of this properly in any advertisement or Listing sheet, including the number of units, number of rooms or other classification is not a representation concerning legal use or compliance with zoning by-laws, building code, sanitary code or other public or private, restrictions by the broker. The 13LJYER understands that if this information is important to BUYER, it is tite duty of the BUYER to seek advice from -tit attorney or written confirmation from the municipality. Lit addition, the BUYER acknowledges that there are no warranties or representations made by the. SELLER or any broker on which BUYER relies in making this Offer, except those previously made in writing and the following: (if none,write"NONE"): None S. Buyer's Default. If tine BUYI';R defaults in BUYER'S obligations, all monies tendered as a deposit shall be paid to the SELLER as liquidated damages and this shall be SELLER'S sole remedy. 9. Additional Terms. Subject to Bread & Roses board approval. within 10 days. Subject: to North Andover .Affordable Housing Trust funding commitment by August 13, 2015. _Subject to clear, reoord, mar}retable � V t a �bSt S ��bltiStVt�� ti� G�t.Sti $1 + Date —utW'ff*ktlilwead & Roses Housing BUYER . . . . ....... ......:.:.......;... ..,:....:ru:..a:•,;;;a:;i::,;;:9ci::k;:k::k::k:+::'rr:;::q:^d,<>i::'r,a:r::{< :t<�:::a;:4:c:e:�:'r::g::i='k- ::i:;k:=i:� :is ac:k;?<.k:?::i<�:�s:i;.v,;{::d:§::k�::{a;:;;:V<:vc yn:rNri: :;::f;:d:r::;:sc x::k::z:v:A:re>t::{:;..:::>:::y::n:c.c x 7c.;...{.;....y-,;e,.>..�.�,.;..,.a,r,..•3•.x:-. . : 9'. . r ',,. SELLER'S REPLY SEL.LER(S).(check one and sign below) 0 (a) ACCEPT(S)the Offer as set forth above at ❑a.m. ❑p.m.on this day of (b) REJECT(S)the Offer. (c) Reject(s)the Offer and MAKE(S)A COUNTEROFFER on the f(llowing terms: ershall exnire at a.m. ❑p.m,oil if not withdrawn earlier. ac noP v,.r eT- VABYV t2:0AFH6br Date I 4At#Y WM%CAAEH TV SELLER,or spouse SELL.,L;ft . Deborah J McIntyre . ... .,..: ...:.::..:..:.:c�.:':;aC:1r.'::R•<:`::+:a,:'::::{::;ck'J,c:{::{::{c:§::;csk:?:r,.cs::?;:{;.,c;:•::i:•r,.:¢::i::j:wYY:i<�::{::y::y:a:J:i::f: .:::... ..!:�;:: (IF COUNTEROFFER FROM SELLER)BUYER'S REPLY The BUYER:(check one and sign below): —(a) ACCEPT(S)the Counteroffer as set forth above at ❑a.it). ❑p.m.on this day of (b) REJECT(S)the Counteroffer. Date Date BUYER Bread & Roses Housing BUYER . . ..,: :.. ...,r... .w.... .<:a>::ka:::::: :k9;k:;sa:,:::ax^k:•8: :;:y::i^:i=`ia::4;k;;:va:.�i::u:k;,k::{,Y.,::k:1e ::d::?;,a::po:gr,:: :;::Y:y:.•{;x:';::y::y: :�:q::y.y<:a::+,a:;;:{:8:,;::Y:k.<=i::k.:g:r:e::y.:dca..a. x.;.<.,.a-•:=s+.k�.�...,..g,•..k->!.,.... , k rd•: •. m - RECEIPT FOR DEPOSIT I hereby acknowledge receipt of a deposit in the amount of$ frorn the BUYER this day of Escrow Agent or Authorized representative DI999,2000,2001,2002,2007,2010,2012.2013,2014 h1ASSACtILISE'll'S ASS(')CIA'r1ON 0F RF.AuroRS01) 10.22.2014/403031 MASS FORMS" 2 'Qk'nl No.501 Sinttinl:ln Standard Fkcal Ealalc kbruu Prodkrced with zipFomi(B)by zipLopix 18070 Fifteen Mile Road,Fraser,Michigan 48026 mAv zioLo iq x,com 00 May St North DEVELOPMENT PROFORMA Sources 7 F�� uses Permanent Loan - $280,000 Acquisition -- $392,050 Hous n Cut - $59,500 Construction - $193,903 I� ��'-� ,C��"�` (includes 10�n contingency) Scat Costs - $13,000 Developer Fee - $13,119' (3 of Tac) PROPERTY ADDRESS 64-66 May Street,North Andover PROFORMA Date 8/10/2015 SOURCES OF FUNDS .._ Construction Sourcesa1ta( Construction Loan 200,000 100,000 38.26 BRHousing Equity 22,077 11,039 4.22 North Shore NOME Consortium ' North Andover Affordable Housing Trust 400,000 200,000 76,53 Other TOTAL CONSTRUCTION SOURCES $ 622,077 311,039 119.01 Permanent Sources Permanent Loan: Pentucket Bank 280,000 1.40,000 53..57 BRHousing Equity 59,500 29,750 11.38 Homebuyer Downpayment 10,500 5,250 2.01 North Andover Affordable Housing Trust 272,077 136,039 52.05 Other Other: ' TOTAL PERMANENT SOURCES $ 622,077 311,0391 119,01 USES OF FUNDS Acquisition Cost: 392,050 1.96,025 75.00 Construction/Rehab 176,280 88,140 33.72 Demolition Contingency (10'0) 17,628 8,814 3.37 Subtotal Construction: $ 103,90$ 96,954 37.10 Fees and Services 3,000 1,500 0,57 Financing 2,000 1,000 0.38 Insurance 3,600 1,800 0.69 Legal and Title 3,000 1,500 0.57 Marketing and Education 1,000 500 0.19 Permits/Surveys 600 300 0.38 Utilities/Carrying Costs 2,000 1,000 0.38 Marketing&Rent Up Real Estate Taxes Insurance Maintenance&Utilities - Relocation 500 250 0,10 Appraisal Security Construction Loan Interest 1,300 650 0.25 Construction Financing Fees 500 250 010 Permanent Financing Fees Other: Other: Soft Cost Contingency 500 250 0110 Subtotal Soft Costs: $ 18,000 9,000 3;44 Capitalized Reserves Developer Overhead 18,119 9,059 3.47 Developer Fee TOTAL DEVELOPMENT USES 622,077 311,038 119A1 USE DFFUNDS-CONSTRUCTION Estimate Preeared by: Levis Companies Inc. Project Location, 64-66 May St North Andover Project Type: 2 Family Renovation Trade Item Amount Trade Description I Demolition 8,000.00 Remove trash, debris 2 Concrete 3,000.001 3 Decks 8,000,00 4 Gutters & Downspouts 5 Rough CarpentLy 8,000.00 Material & Labor 6 Finish Carpentry 3,000.00 Interior trim, install cabinets, doors etc. 7,Front Entrance 8 Insulation 5,000.00 Fiberglass batts 9 Lead Remediation 14,000.00 10 Exterior Doors/Trim 11 Interior Doors/Trim 3,500.00 13 Roof 12,000.001? 14 Blueboard and Plaster 8,000,00 16 Tile Work 17.Mold Remediaticn 181Wood Flooring 19 Resilient Flooring 8,000.00 LVT vinyl tiles 20 Interior Paint 8,000.00 Patch, prime and ealnt 21 Exterior Paint 22 Fences 6,000.00 Fence repairs 23 Cabinets 6,000.00 Kitchen and bath cabinets 24 A I ppliances 1,000.00 New fridge, microwaves, dish? disposal 25 Blinds & Shades Camet 6,000.00 28 Plumbing & Hot Water 12,000.00 291 Heat &Ventilation 12,000.00 Replace all missing heat-lines and baseboard 30 Air Conditioning 31 Electrical 8,000.00 New fixtures, outlets, smokes as needed 32 Accessory Buildinqs 1 33 Other/misc 3,000.00 Basement divider wall 34 Subtotal Structural 35 lEarth Work 36 Site Utilities 5,000.00 water service 37 Roads & Walks 3,500.00 38 Site Improvernert 39 Lawns & Planting 2,000.00 Tree and bush trimming 40,Unusual Site Condition � � � USE OF FUNDS-CONSTRUCTION 41 Subtotal Site Work 42 Total Im rovements 43 General Conditions 3,000.00 Permits and insurance 44 Subtotal 156,000.00 45 Builders Overhead 4,680.00 3% 46 Builders Profit 15,600.00 10% 47 TOTAL 176,280.00 A -r - 'tu x I D %J Canvass nele-lhborhoo 'Idents I& a TO inforM rgaS of proiect Advertise in local paper Post flyerin Town Hall '101 1 T I Other outrearl-.---Ih efforts as pres-c--Iribed by NAAHT r- Bread Roses �. Housing rOUar HOWNG f QPPOR1"UNtTY Homeownership Opportunity 64-66 May Street- North rAndorrer y Community land Trust Model Bread& Roses }"'lousing owns the land. Families own the house with a lone;term lease on the land. Families must live in the house. Owner-occupancy is required The house must remain affordable forever. The selling price of the home stays about the same whether the real estate market goes up or down. Income Restrictions for the Duplex Maximum Household income 2 people-$52,650 4 people $65,800 3 people -$59,250 5 people-$71,100 I r Minimum Household Income-@$50,000 a year or less,depending upon the amount of downpayment Downpayment&Closing Costs: @$11,000 Mail completed application and all attachments on or before (TBD)to: Bread & Roses Housing 15 Union Street, Suite 401 Lawrence, MA 01842 978-685-1828 ?C.)1 i 1.I1coll'ie Limits I,.)oc iilientation `.ystCjlj Slur inary for North f°�ilC1C,ver town, �N(I... I',l?;t' 1 of ,� Hj Fly" 2015 INCOME UMITs DocuMENTATION SYSTEM q�p,upy r W t,"aL kJ Lnla FY 2015 Income limits Summary FY 2015 Persons in Family : Median FY 2015 F, Income Income Income Limit Limit 8"Xplanation Category 1 2 3 4 5 6 7 8 Area i ! Very Low (50%) 1 Incorne 30,650 35,000 39,400 43,750 47,250 50,750 54,250 57,150 Limits O Explanation North Extremely i Andover $86,800 Low Irlconle town Limits ($)'* 18,400 21,000 73,650 Ca,2Sr� 28,410 31,510 36,730 ��1�0,89 ExplariatiofI Low (80%) ," Income 6 46,100 52,650 59,250 65,800 71,100 76,.350 81.,600 86,90 Limits (�) Explanation Selecting any of the buttons labeled "Explanation" will display detailed calculation steps for each of the various parameters. NOTE: North Andover town is part: of the Lawrence, MA-NH HUD Metro FMp Area, so all information presented here applies to all of the Lawrence, MA-NH HUD Metro EMp Area. The Lawrence, MA- NH HUD Metro FMR Area contains the following areas: ESSEX COUNTY, MA TOWNS OF Andover town, MA; Boxford town, MA; Georgetown gown, MA; Groveland town, MA; Haverhill city, MA; Lawrence city, MA; Merrimac town, MA; Methuen city, MA; North Andover town, MA; West Newbury town, MA; R CKINGHAM COUNTY, NH TOWNS OF Atkinson town, NH; Chester tower, NH; Danville town, NH; Gerry town, NH; Fremont town, NH; Hampstead town, NH; Kingston town, NI-i; Newton town, NH; . andown town NH; Windham town, NFI; and NH; Salem towel, Nl�t, S , NH Raymond town, , Plaistow town, Y Windham town, NH. The FY 2014 Consolidated Appropriations Act changed the definition of extremely low-income to he the greater of 30/50ths (60 percent) of the Section 8 very low-income lirnit or the poverty guideline a tatitIrHlr�ari t�,y tlar_ l,, ot;rq ,rit rat".. c llr,_�lr.ac�_ .lasr� rwrPra� ._(19,9�".), provided that this amorintis not F greater than the Section 8 50% very low-income limit. Consequently, the extremely low income limits may equal the very low (50%) income limits, ttp://wNvNv.litidtiser.org/poi-tal/dataset�/ii/il2Ol5/201 5/201 siiillmary.odll 8/10/2015 NORTH ANDOVER, MASSACHUSETTS GRANT AGREEMENT This GRANT AGREEMENT (this "Agreement") is made on this 31 st day of August, 2015, by and between the North Andover Affordable Housing Trust Fund, an affordable housing trust organized under the provisions of G.L. c. 44, §55C, established as set forth in Chapter 28 of the By-Laws of the Town of North Andover, having an address of 120 Main Street,North Andover, Massachusetts 01845 (the "Trust") and Bread & Roses Housing, Inc., a Massachusetts non-profit corporation, having a mailing address of 15 Union Street, Suite 401, Lawrence, Massachusetts 01840 (the "Grantee"). WITNESSETH: WHEREAS, the Trust, with the approval of the Board of Selectmen of the Town of North Andover, intends to award the sum of Four Hundred Thousand and 00/100 ($400,000.00) Dollars to the Grantee to be used for the acquisition of property located at 64-66 May Street,North Andover, Massachusetts, containing two (2) residential units (singly, a"Unit," and together, the "Units") described in a deed recorded with the North Essex Registry of Deeds in Book 6615, Page 22 (the"Premises"), which Premises shall be used for the purpose of affordable housing, as that term is defined in G.L, c. 44B, §2. WHEREAS, the Grantee intends to rehabilitate the Premises, and subsequently convey the Units by means of a Deed of Easement and Transfer of Personalty (the "Deed") to, and enter into a lease for the land at the Premises (the "Ground Lease"), as memorialized in a notice of lease recorded with the Registry of Deeds (the "Notice of Lease"), with income eligible purchasers (all the foregoing, the "Project"), the Units, other improvements, the personalty and the income eligible purchasers' interest in the Ground Lease being referred to as the "Property." WHEREAS, the Trust and the Grantee desire to enter into a grant agreement for the purposes set forth herein. NOW THEREFORE, the Trust and the Grantee agree as follows: 1. Funding. The Trust grants to the Grantee the amount of Four Hundred Thousand and 00/100 ($400,000.00) Dollars (the "Funds") on the condition that the Grantee shall use the Funds only for the purposes of the Project. 2. Conditions. a) The Project must be completed within twelve (12) months from the date on which this Agreement is signed by the parties, unless the Trust grants an extension for good cause shown. 1 b) The Grantee agrees to use the Funds for the acquisition, creation, and/or support of affordable housing. (i) Grantee shall, concurrently with the disbursement of the Funds to the Grantee, execute a promissory note to the Trust (the "Note") in the form attached hereto as Exhibit A, execute and record a mortgage to the Trust (the "Mortgage") in the form attached hereto as Exhibit B, and execute and record an affordable housing restrictive covenant, in the form attached hereto as Exhibit C. Grantee acknowledges that said affordable housing restrictive covenant shall be replaced by a Regulatory Agreement and Declaration of Restrictive Covenant entered into by the Department of Housing and Community Development, Borrower, and the Trust, containing terms acceptable to the Trust, whereby both Units shall be included in the Town's Subsidized Housing Inventory (the "Regulatory Agreement"). Grantee shall use good faith and diligent efforts to obtain the necessary signatures and record said Regulatory Agreement within sixty (60) days of the date of this Agreement, which date may be extended for good cause as determined solely by the Trust. (ii) Upon conveyance of each of the Units to an income eligible purchaser in accordance with the terms of this Agreement, Grantee shall grant an affordable housing restriction to the Trust on the Unit (the "Restriction"), which Restriction must: (i) require that the Property be sold to a household earning no more than eighty percent (80%) of the Area Median Income, (ii) survive mortgage foreclosure and/or deed in lieu thereof, (iii) contain terms satisfactory to the Trust and run to the benefit of and be enforceable by the Trust in perpetuity, (iv) be conveyed in accordance with the selection criteria set forth in the "Homeownership Opportunity 64-66 May Street—North Andover," attached hereto as Exhibit D, (v) be expressly referred to in the Deed, the Ground Lease and the Notice of Lease, and (vi) be conveyed to the Trust free of mortgages, liens and other encumbrances or restrictions that would interfere with the use of the Property for affordable housing, provided, the Trust agrees, upon recording at the Registry of Deeds of a Restriction for each Unit in compliance with the terms hereof, at the cost of the Grantee, to record at the Registry of Deeds a partial discharge of the mortgage, in the case of the sale of the first Unit to be sold, and a discharge of the mortgage, in the case of the sale of the second Unit, subject to payment by the Grantee to the Trust in accordance with Subparagraph 2(b)(iii), below. (iii) Grantee has submitted a "Development Pro Forma" for the acquisition of the Premises and rehabilitation of the Units, attached hereto as Exhibit E. Grantee agrees to repay to the Trust a minimum of$128,000.00 upon completion of the rehabilitation of and sale of the Units, plus the difference, if any, between the anticipated expenditures of$622,077.00 and the actual expenditures. Upon the sale of the first Unit to an income eligible purchaser, the Grantee shall repay the Trust the amount of$64,000.00, and shall issue a new or revised note reflecting the payment. Upon the sale of the second Unit to an income eligible purchaser, 2 the Grantee shall repay the amount of$64,000.00, plus the difference, if any between the anticipated expenditures and the actual expenditures of rehabilitation, whereupon the Note shall be forgiven, and the Mortgage discharged. (c) The Deed and the Ground Lease shall be subject to prior approval of the Trust. (d) The Grantee shall seek the approval of, and work closely with, the Trust in the implementation of the Project. 3. Contact. The Grantee shall identify in writing a contact person responsible for administration of the Project. 4. Other Sources of Funding. Grantee shall be solely responsible for the cost of undertaking the Project in excess of the Funds. 5. Liability of the Trust. The Trust's liability hereunder shall be to make the payment specified in Section 1 of this Agreement, provided that the conditions set forth in Section 2 are followed, and the Trust shall be under no further obligation or liability. Nothing in this Agreement shall be construed to render the Trust or any elected or appointed official or employee of the Trust, or their successors in office, personally liable for any obligation under this Agreement, or permit the Grantee to act on behalf of the Trust or to bind the Trust as an agent, employee, or representative, it being agreed that the Grantee is an independent contractor. 6. Indemnification. The Grantee shall indemnify, defend, and hold the Trust and its departments, officers, employees, servants and agents harmless from and against any and all claims, demands, liabilities, actions, causes of actions, costs and expenses, including attorneys' fees, arising out of or relating to the Grantee's performance of the Project, the condition of the Property, or the negligence or misconduct of the Grantee or the Grantee's agents or employees. 7. Inspections and Reports. The Grantee shall provide the Trust with progress reports at six (6) month intervals (or as often as the Trust may reasonably request)beginning sixty (60) days from the date of the signing of this Agreement until such time as the both Units are conveyed and leased to income eligible purchasers, with final notification within thirty (30) days after the Project has been completed. The Trust reserves the right to require supplementary information from the Grantee regarding the reports or final notification. The Trust shall have the right, upon reasonable request, to inspect the work of the Grantee, including the right to enter the Property. 8. Assignment. The Grantee shall not assign, subcontract or otherwise transfer this Agreement or its rights hereunder, in whole or in part, without the prior written consent of the Trust. 9. Compliance with Laws. The Grantee shall comply with all federal, state and local laws, rules, regulations and orders applicable to the Project, such provisions being incorporated herein by reference, and shall be responsible for obtaining all necessary licenses, permits, and 3 approvals required in connection with the Project. No local permit or license is waived by the award of this grant. 10. Notice. Any and all notices, or other communications required or permitted under this Agreement, shall be in writing and delivered by hand or mailed postage prepaid, return receipt requested, by registered or certified mail or by other reputable delivery service, to the parties at the addresses set forth on page 1 or furnished from time to time in writing hereafter by one party to the other parties. Any such notice or correspondence shall be deemed given when so delivered by hand, if so mailed, when deposited with the U.S. Postal Service or, if sent by private overnight or other delivery service, when deposited with such delivery service. 11. Severability. If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby unless one or both parties would be substantially or materially prejudiced. 12. Governing Law. This Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Massachusetts and the Grantee submits to the jurisdiction of any of its appropriate courts for the adjudication of disputes arising out of this Agreement. [Signature Page Follows] 4 IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement on the day and year first written above. BREAD & ROSES HOUSING, INC. By: Yesenia A. Gil, Executive Director NORTH ANDOVER AFFORDABLE HOUSING TRUST FUND By: George Koehler, Chair APPROVED: TOWN OF NORTH ANDOVER, By Its Board of Selectmen By: Andrew W. Maylor, Town Manager Duly Authorized 530018/NANDAHT/0139 5 Exhibit A Note 6 Exhibit B Mortgage 7 Exhibit C Affordable Housing Restrictive Covenant i 8 Exhibit D Homeownership Opportunity 64-66 May Street—North Andover 9 Exhibit E Development Pro Forma 10 PROMISSORY NOTE Date: September , 2015 For Value Received, Bread & Roses Housing,Inc., a Massachusetts non-profit corporation, having a mailing address of 15 Union Street, Suite 401, Lawrence, Massachusetts 01840 (the "Maker"), does hereby promise to pay to the order of the North Andover Affordable Housing Trust Fund, a Massachusetts affordable housing trust organized under the provisions of G.L. c. 44, §55C, established as set forth in Chapter 28 of the By-Laws of the Town of North Andover, having an address of 120 Main Street, North Andover, Massachusetts 01845 (the "Holder"), the principal sum of Four Hundred Thousand and 00/100 ($400,000.00) Dollars (the"Loan"), without interest thereon. The indebtedness evidenced by this Note is secured by a Mortgage(the"Mortgage"), of even date herewith, on property, consisting of two (2) residential units (singly, a"Unit," and collectively, the"Units"), located at and known as 64-66 May Street, North Andover, Massachusetts (the "Property") and reference is made to the Mortgage for rights as to payment of the indebtedness evidenced by this Note. The Property is further subject to an Affordable Housing Restrictive Covenant(the"Covenant") from the Maker to the Holder. All principal and other payments due under this Note shall be payable upon the happening of any of the following events: (a) Nonperformance by the Borrower of any covenant, agreement, term or condition of the Grant Agreement between the Maker and the Holder, of even date herewith, this Note,the Mortgage or the Covenant, or any other agreement heretofore, herewith or hereafter made by the Maker with the Holder. (b) Failure of the Maker to perform any covenant, agreement, term or condition in any instrument creating a lien upon the Property, or any part thereof, which has or shall have priority over the lien of the Mortgage. (c) The Holder's discovery of the Maker's failure in any application of the Maker to the Holder to disclose any fact deemed by the Holder to be material, or the making therein, or in any of the agreements entered into by the Maker with the Holder(including, but not limited to, the Grant Agreement, this Note,the Mortgage and the Covenant) of any material misrepresentation by, on behalf of, or for the benefit of the Maker. (d) The sale or other transfer of any kind or nature of the Property, or any part thereof, except to an income eligible purchaser, as required under the Grant Agreement and the Covenant, without the prior written consent of the Holder, which consent may be withheld in the Holder's sole discretion. (e) The granting of any mortgages on the Property (other than this Mortgage), or any part thereof, or refinancing any mortgage, or the placing of any other encumbrance on the Property,without the prior written consent of the Holder, which consent may be withheld in the Holder's sole discretion. This Mortgage shall have priority over any and all other mortgages on the Property. (fj The appointment of a receiver or liquidator, whether voluntary or involuntary, of the Maker, or upon the filing of a petition by or against the Maker under the provisions of the Bankruptcy Act of 1898, as amended, or upon the making by the Maker of an assignment for the benefit of the Maker's creditors. Maker agrees to repay the Holder a minimum of$128,000.00 upon completion of the rehabilitation and sale of the Units, plus the difference, if any, between the anticipated expenditures of$622,077.00 and the actual expenditures for rehabilitation of the Units. Upon the sale of the first Unit to an income eligible purchaser, and the recording of a Regulatory Agreement, in accordance with the Affordable Housing Restrictive Covenant, the Maker shall repay the Holder the sum of$64,000.00, and shall issue a new or revised note reflecting the payment. Upon the sale of the second Unit to an income eligible purchaser, the Maker shall repay the sum of$64,000.00, plus the difference, if any, between the anticipated expenditures and the actual expenditures, whereupon this Note shall be forgiven, and the Mortgage securing same shall be discharged. The rights and remedies of the Holder as provided in this Note,the Mortgage and the Covenant shall be cumulative and concurrent, and may be pursued singly, successively, or together, against the Maker, the Property described in the Mortgage, and any other funds, property, or security held by the Maker. The failure to exercise any such right or remedy shall in no event be construed as a waiver or release by the Holder of said rights or remedies or the right to exercise them at a later time. The Maker, endorsers, guarantors, sureties, accommodation parties hereof and all other persons liable or to become liable for all or any part of this indebtedness,jointly and severally, waive diligence, presentment, protest and demand, and also notice of protest and demand, of non-payment, of dishonor and of maturity and also recourse to suretyship defenses generally; and they also jointly and severally hereby consent to any and all renewals, extensions, or modifications of the terms hereof or the release or the substitution of any security for the indebtedness evidenced hereby and any other indulgences shall not affect the liability of any of the said parties for the indebtedness evidenced by this Note. The Maker, endorsers, guarantors, sureties, accommodation parties hereof and all other persons liable or to become liable for all or any part of this indebtedness, agree,jointly or severally, to pay all costs of collection, including reasonable attorneys' fees and all costs of the suit, in case the unpaid principal sum of this Note, or any other payment due hereunder that is not paid when due, or in case it becomes necessary to protect the security for the indebtedness evidenced herein, or for the foreclosure by the holder of the Mortgage, or in the event the Holder is made a party to any litigation because of this Note, the Mortgage or related loan documents, whether suit be brought or not, through courts of original jurisdiction, as well as courts of appellate jurisdiction, or through a Bankruptcy Court or any other legal proceedings. This Note may not be amended, modified, or changed, nor shall any waiver of any provision hereof be effective except only by an instrument in writing and signed by the party against whom enforcement of any waiver, amendment, change, modification or discharge is sought. Whenever used herein, "Maker" and "Holder" shall be deemed to include their respective heirs, personal representatives, successors and assigns. All notices to be given to the parties under this Note shall be given in writing at the addresses given above. This Note shall be construed according to and governed by the laws of the Commonwealth of Massachusetts. IN WITNESS WHEREOF, Maker has executed this Note as a sealed instrument as of the date set forth above. BREAD &ROSES HOUSING, INC. By: Name: Yesenia A. Gil Title: Executive Director 529953/NANDAHT/0139 Please return to Katharine Lord Klein, Esq. Kopelman and Paige, P.C. 101 Arch Street, 12" Floor Boston, MA 02110 MORTGAGE THIS MORTGAGE (this "Mortgage") is made on this day of September, 2015, by and between Bread & Roses Housing, Inc., a Massachusetts non-profit corporation, having a mailing address of 14 Union Street, Suite 401, Lawrence, Massachusetts 01840 (the "Borrower"), and the North Andover Affordable Housing Trust Fund, a Massachusetts affordable housing trust organized under the provisions of G.L. c. 44, §55C, established as set forth in Chapter 28 of the By-Laws of the Town of North Andover, having an address of 120 Main Street,North Andover, Massachusetts 01845 (the "Lender"). 1. GRANTING CLAUSE The Borrower is indebted to the Lender in the principal sum of Four Hundred Thousand and 00/100 ($400,000.00) Dollars (the "Loan"), which indebtedness is evidenced by the Borrower's Promissory Note of even date herewith(the "Note"), providing for repayment of the Loan under certain conditions and providing for other conditions of the Loan. To secure to the Lender the Borrower's repayment obligations under the Note, and the performance of the covenants and agreements of Borrower contained in the Note, this Mortgage, the Grant Agreement between Lender and Borrower of even date herewith (the "Grant Agreement"), and the Restrictive Covenant entered into by and among Lender, Borrower, and the Town of North Andover (the "Restrictive Covenant") (collectively, the "Loan Documents"), the Borrower hereby mortgages, grants and conveys to the Lender, with MORTGAGE COVENANTS, upon STATUTORY CONDITION and with the STATUTORY POWER OF SALE, on the property located at 64-66 May Street,North Andover, Massachusetts, described in a deed recorded with the North Essex Registry of Deeds ("Registry of Deeds")to Borrower herewith (the "Property"), and more particularly described in Exhibit A attached hereto. Capitalized words used but not defined herein shall have the meaning ascribed to such terms in the other Loan Documents. The Borrower covenants that the Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is free from any other mortgages and other encumbrances, except as may be permitted hereunder. The Borrower warrants and covenants to defend generally the title to the Property against all claims and demands, subject to encumbrances of record. Il. COVENANTS The Borrower and the Lender covenant and agree as follows: 1. Regulatory Agreement; Conveyance to an Income Eligible Purchaser; Forgiveness and Discharge. In accordance with the terms of the Grant Agreement and the Restrictive Covenant, Borrower agrees to enter into a Regulatory Agreement with Lender, to rehabilitate the Property to create two (2) residential units (the "Units"), and to subsequently convey the Units and any other improvements upon the Property by means of a Deed of Easement and Transfer of Personalty, and to lease the land at the Property (the "Ground Lease") to an income eligible purchaser, as defined in the Grant Agreement, within twelve (12) months from the date of this Mortgage (the "Conveyance"), At the time of each Conveyance, the Borrower shall execute and record at the Registry of Deeds an affordable housing restriction (the "Restriction") to be imposed upon the Property in favor of Lender, in accordance with the terms of the Grant Agreement. In the event that (a) the Borrower enters into the Regulatory Agreement with Lender, (b) Borrower creates the Units, (c)the Conveyances occur in a timely manner, (d) the Restriction is executed and recorded at the time of each Conveyance, and (e)the Borrower repays the Lender the sums due under the Note which this Mortgage secures, all in accordance with the terms and conditions of the Note, the Grant Agreement and the Restrictive Covenant. Upon the sale of the first Unit in accordance with the foregoing terms, a partial discharge of this Mortgage shall be provided by the Lender to the Borrower. Upon the sale of the second Unit in accordance with the foregoing terms, Borrower shall have no further obligations to the Lender under the Note and the Note shall be forgiven, and the Mortgage discharged. 2. Repayment. Borrower may repay the Loan or any portion thereof without penalty at any time during the term of this Mortgage. The principal amount owing on the Note and all other charges, as therein provided, and all other amounts of money owing by the Borrower to the Lender pursuant to and secured by this Mortgage, shall immediately become due and payable without notice or demand if there is an event of default (defined below), prior to the Conveyance and the execution and recording of the Restriction. The Lender is authorized to declare, at its option, all or any part of such indebtedness immediately due and payable upon the happening of any of the following events: (a) Nonperformance by the Borrower of any covenant, agreement, term or condition of the Loan Documents or any other agreement heretofore, herewith or hereafter made by the Borrower with Lender. (b) Failure of the Borrower to perform any covenant, agreement, term or condition in any instrument creating a lien upon the Property, or any part thereof, which has or shall have priority over the lien of this Mortgage. (c) The Lender's discovery of the Borrower's failure in any application of the Borrower to the Lender to disclose any fact deemed by the Lender to be material, or the making therein, or in any of the agreements entered into by the Borrower with the Lender (including, but not limited to, the Loan Documents) of any material misrepresentation by, on behalf of, or for the benefit of the Borrower. (d) The sale or other transfer of any kind or nature of the Property, or any part thereof, without the prior written consent of the Lender, which consent may be withheld in the Lender's sole discretion. (e) The granting of any mortgages on the Property (other than this Mortgage), or any part thereof or the placing of any other encumbrance on the Property, without the prior written consent of the Lender, which consent may be withheld in the Lender's sole discretion. This Mortgage shall have priority over any and all other mortgages and other monetary liens on the Property. (f) The appointment of a receiver or liquidator, whether voluntary or involuntary, of the Borrower, or upon the filing of a petition by or against the Borrower under the provisions of the Bankruptcy Act of 1898, as amended, or upon the making by the Borrower of an assignment for the benefit of the Borrower's creditors. The Lender's failure to exercise any of its rights hereunder shall not constitute waiver thereof. All the events enumerated in this Section, upon the happening of any of which the Note shall become, or may be declared to be, immediately due and payable, are in this Mortgage called "events of default." 3. Charges; Liens. The Borrower shall pay or cause to be paid at least ten(10) days prior to the last date on which the same may be paid without penalty or interest, all taxes, charges for water, sewer and other municipal services and assessments, whether or not assessed against the Lender, if attributable to the Property which may attain a priority over this Mortgage. 4. Hazard Insurance. The Borrower shall keep improvements now existing or hereafter erected on the Property and for which title, estate, interest or rights is/are acquired by the Borrower insured against loss by fire and hazards included within the underwriting term "extended coverage," for such periods as Lender may require. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of the Lender, and shall name the Lender as loss payee and as an additional insured party. The Lender shall have the right to hold the policies and renewals thereof. In the event of loss, the Borrower shall give prompt notice to the insurance carrier and to the Lender. The Lender may make proof of loss if not made promptly by the Borrower. If the Property is abandoned by the Borrower, or if the Borrower fails to respond to Lender within thirty (30) days from the date notice is mailed by Lender to the Borrower that the insurance carrier offers to settle a claim for insurance benefits, the Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. 5. Preservation and Maintenance of Property. The Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property. The Borrower shall comply with any law, by-law, ordinance, restriction, regulation, order or code affecting the Property or the use thereof. The Borrower represents and warrants to the Lender that the Borrower shall not release or permit any release or threat of release of oil, asbestos, urea formaldehyde foam insulation, nor any other hazardous material, hazardous waste or hazardous substance (hereinafter collectively called "hazardous substances"), as those terms are defined by any applicable law, rule or regulation including without limitation, the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L. c. 21E, the Massachusetts Hazardous Waste Management Act, M.G.L. c. 21C, the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. Sections 9601 et seq., and the Resource Conservation and Recovery Act, as amended, 42 U.S.C. Sections 6901 et seq., nor generate or permit any hazardous substances to be generated on the Property; nor store or permit any hazardous substances to be stored on the Property; and the Borrower shall provide the Lender with prompt written notice: (a) upon the Borrower's becoming aware of any release or threat of release of any hazardous substances upon, under or from the Property; (b) upon the Borrower's receipt of any notice from any federal, state, municipal or other governmental agency or authority in connection with any hazardous substance located upon or under the Property, or emanating from the Property; and (c) upon the Borrower's obtaining knowledge of the incurring of any expense by any governmental authority in connection with the assessment, containment or removal of any hazardous substances located upon or under the Property or emanating from the Property. 6. Protection of Lender's Security. The Borrower will not sell, transfer, lease, alienate, mortgage, refinance or otherwise voluntarily or involuntarily encumber the Property or any part thereof without the prior written consent of the Lender, which consent may be withheld in the Lender's sole discretion. If the Borrower fails to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding is commenced which materially affects the Lender's interest in the Property, the Lender, at the Lender's sole option, upon notice to Borrower, may (but shall not be obligated to) disburse such sums and take such actions as are necessary to protect the Lender's interest, and any expenses so incurred by the Lender, including reasonable attorney's fees, shall be added to the sums secured by this Mortgage. 7. Inspection. The Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that the Lender shall give the Borrower notice prior to any such inspection specifying reasonable cause therefor related to the Lender's interest in the Property. 8. Damage by Fire or Other Casualty; Condemnation. If by reason of any damage or destruction to the Property, any sums are paid under any insurance policy mentioned in or contemplated by Section 4 hereof, such proceeds shall be paid to the Lender alone, to be applied toward reimbursement of all costs and expenses of the Lender in collecting such proceeds, and, at the option of the Lender, either toward payment of the indebtedness secured hereby or any portion thereof, rebuilding or replacement of that part of the Property so damaged or destroyed. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation are hereby assigned and shall be paid to the Lender to the extent of the amount of the outstanding Loan, as provided in the Note. 9. Forbearance By Lender Not a Waiver. Any forbearance by the Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 10. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The Borrower's interest under the Note and this Mortgage may not be transferred, assigned, or assumed without the written consent of the Lender, which consent may be withheld in Lender's sole discretion. The covenants and agreement herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of the Lender and the Borrower. All covenants and agreements of the Borrower shall be joint and several. 11. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to the Borrower provided for in this Mortgage shall be given by delivering it or by mailing such notice by certified mail, return receipt requested, addressed to the Borrower at the Borrower's address above or to such other address the Borrower may designate by notice to Lender as provided herein, and (b) any notice to the Lender shall be given by hand-delivery or certified mail, return receipt requested, to the Lender's address stated herein or to such other address the Lender may subsequently designate by written notice to the Borrower as provided herein, with a copy to the Lender's attorney at the following address: Katharine Lord Klein, Esq., Kopelman and Paige, P.C., 101 Arch Street, Boston, MA 02110. Any notice provided for in this Mortgage shall be deemed to have been given to the Borrower or the Lender when given in the manner designated herein. 12. Governing Law; Severability. The terms of this Mortgage shall be construed in accordance with the laws of the Commonwealth of Massachusetts. The foregoing sentence shall not limit the applicability of Federal law to this Mortgage. In the event that any provision or clause of the Loan Documents shall conflict, such conflict shall not affect other provisions of the Governing Documents which shall be given effect without the conflicting provision, and to this end the provisions of the Loan Documents are declared to be severable. As used herein, "costs," "expenses," and "attorneys' fees" include all reasonable sums to the extent not prohibited by applicable law or limited herein. 13. Breach; Remedies. Upon the Borrower's breach of the STATUTORY CONDITION or any covenant or agreement of the Borrower in the Grant Agreement, the Note or this Mortgage, including the covenant to pay when due any sums secured by this Mortgage ("Borrower Breach"), the Lender, prior to acceleration, shall give notice to the Borrower, as provided in paragraph 11 hereof specifying; (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty (30) days from the date the notice is mailed to the Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified may result in Borrower's obligation to repay the sums secured by this Mortgage. The notice shall further inform the Borrower of the right to bring a court action to assert the nonexistence of a default or any other defense of the Borrower to the obligation to repay the sums secured by this Mortgage. If the breach is not cured on or before the date specified in the notice, the Lender, at the Lender's option, may declare all of the sums secured by this Mortgage to be immediately due and payable without further demand and may invoke the STATUTORY POWER OF SALE and any other remedy permitted by applicable law. The Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Section 13, including, but not limited to, reasonable attorneys' fees, all of which shall be secured by this Mortgage. If the Lender invokes the STATUTORY POWER OF SALE, Lender shall mail a copy of a notice of sale of its interest in the Property to the Borrower and to any other person required by applicable law, in the manner provided by applicable law. The Lender shall publish the notice of sale and its interest in the Property shall be sold in the manner prescribed by applicable law. The Lender or the Lender's designee may purchase the Property at any sale. The proceeds of the sale shall be applied in the following order: (a)to all reasonable costs and expenses of the sale, including reasonable attorneys' fees and costs of title evidence; (b)to all sums secured by this Mortgage; and (c) the excess, if any, to the person or persons legally entitled thereto. 14. Cumulative Remedies. All remedies provided in this Mortgage are distinct and in addition to any other right or remedy under this Mortgage or afforded by law or equity, and may be exercised concurrently, independently or successively. i 529952/NAND/0139 This Mortgage is executed under seal as of the date written above. MORTGAGOR: BREAD & ROSES HOUSING, INC. By: Name: Yesenia A. Gil Title: Executive Director COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of September, 2015, before me, the undersigned Notary Public, personally appeared Yesenia A. Gil, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document and acknowledged to me that she signed it voluntarily for its stated purpose as Executive Director of Bread & Roses Housing, Inc. Notary Public My Commission Expires: 5299521NAND/0139 EXHIBIT A PROPERTY DESCRIPTION Property Address: 64-66 May Street,North Andover, Massachusetts PROPERTY DESCRIPTION TO BE INSERTED Please Return To: Katharine Lord Klein, Esq. Kopehnan and Paige, P.C. 101 Arch Street, 12'x'Floor Boston, MA 02110 AFFORDABLE HOUSING RESTRICTIVE COVENANT 64-66 May Street,North Andover, Massachusetts This Affordable Housing Restrictive Covenant (this "Restrictive Covenant") is entered into this 31 st day of August, 2015, by and among Bread & Roses Housing, Inc. ("Grantee"), a Massachusetts non-profit corporation, having a mailing address of 15 Union Street, Suite 401, Lawrence, Massachusetts 01840, and the North Andover Affordable Housing Trust Fund (the "Trust"), an affordable housing trust organized under the provisions of G.L. c. 44, §55C, established as set forth in Chapter 28 of the By-Laws of the Town of North Andover, having an address of 120 Main Street,North Andover, Massachusetts 01845. WHEREAS, Grantee is the fee simple owner of the property located at 64-66 May Street, North Andover, MA 01845, and described more fully in the deed recorded with Essex North District Registry of Deeds (the "Registry") of even date herewith in Book , Page (the "Property"); and WHEREAS, the Trust, at Grantee's request, has loaned funds ($100,000.00 of which are Community Preservation Act funds, under G.L. c.44B) (the "Funds"),to Grantee pursuant to a Grant Agreement entered into by and the parties dated August 31, 2015 (the "Grant Agreement"); WHEREAS, Grantee shall use the Funds for the purpose of acquiring the Property, rehabilitating the building thereon to create residential dwellings, and renting or selling said dwellings to low income households, and shall grant the Trust an affordable housing restriction on the Property to ensure that the Property and the dwellings are used forever for the foregoing purposes (the restriction, as defined more particularly herein, the "Regulatory Agreement"); WHEREAS, until the parties enter into the Regulatory Agreement, the Trust wishes to impose on the Property, and Grantee is amenable to granting to the Trust, the covenants, promises and restrictions set forth herein,which shall run with the Property and bind the Grantee and Grantee's successors and assigns for the Interim Period ("Interim Period") (defined below). NOW, THEREFORE, the Trust and Grantee, for good and valuable consideration, agree to the following: Page 2 of 5 1. Grantee hereby agrees and covenants to use the Property for the purpose of rehabilitating the building thereon and creating one duplex building, containing two (2) residential units (singly, a"Unit," and together, the "Units"), and to convey the Units and any other improvements upon the Property by means of a Deed of Easement and Transfer of Personalty, and to lease the land at the Property (the "Ground Lease"), to households whose annual incomes does not exceed eighty percent (80%) of the Area Median Income for the Lawrence MA-NH HUD Metro FMR Area, as designated by the Department of Housing and Urban Development, and meeting such other income, asset and other qualifications as set forth in DHCD's Local Initiative Program or successor program. The Property shall be restricted solely to "low income housing" purposes, as set forth in the CPA, and not be used for any other purpose. This Restrictive Covenant shall be recorded prior to the recording of any lien, mortgage and/or other encumbrance. 2. The covenants, agreements and/or restrictions set forth in this Restrictive Covenant shall encumber the Property and be binding upon Grantee, its successors and assigns, if any, for the "Interim Period," which is defined as the period of time between (a)the date that the deed conveying the Property to Grantee is recorded with the Registry, and (b) the date on which the Regulatory Agreement is recorded with the Registry. 3. The term "Regulatory Agreement", as used herein, shall mean a"Local Initiative Program Regulatory Agreement and Declaration of Restrictive Covenants" entered into by the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development ("DCHD")pursuant to G.L. c.2313, §I as amended by Chapter 19 of the Acts of 2007, the Grantee and the Trust, ensuring that the Property and the Units will be used in perpetuity for"low income housing," as the term is defined in the CPA and in form acceptable for including both Units in the Town of North Andover's Subsidized Housing Inventory ("SHI"), which agreement shall be recorded before any mortgages or other liens and encumbrances are recorded on the Property and which shall survive any foreclosure or deed given in lieu of foreclosure. 3. Grantee shall use all due diligence to obtain the approval and execution of the Regulatory Agreement by a duly authorized signatory of DHCD, and record the Regulatory Agreement with the Registry within three (3) business days thereafter, whereupon this Restrictive Covenant shall automatically be null and void. 4. Grantee agrees to preserve the Property during the Interim Period in good condition, and ensure the buildings thereon are protected from the elements and other sources of harm and/or injury. 5. The Trust shall have the right to enter upon the Property to inspect the same for compliance with the terms of this Restrictive Covenant. 6. This Restrictive Covenant is for the benefit of and is enforceable by the Trust. The Trust shall have the right (but not the obligation)to enforce this Restrictive Covenant by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations or potential violations. In the event it is determined that Grantee has materially Page 3 of 5 breached this Restrictive Covenant, Grantee shall repay the Funds to the Trust. The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Trust and the Town for the enforcement of this Restrictive Covenant. The Trust's Acceptance of this Restrictive Covenant is attached hereto and incorporated herein. 5300171NAND/0139 [signature page follows] Page 4 of 5 Witness our hands and seals as of the day and year above written. BREAD &ROSES HOUSING, INC. By: Yesenia A. Gil, Executive Director COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 31 st day of August, 2015, before me, the undersigned notary public, personally appeared Yesenia A. Gil, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose as Executive Director of Bread & Roses Housing, Inc. Notary Public My Commission Expires: 530017/NAND/0139 Page 5 of 5 ACCEPTANCE OF RESTRICTIVE COVENANT The North Andover Affordable Housing Trust Fund accepts the Affordable Housing Restrictive Covenant from Bread & Roses Housing, Inc., on this day of September, 2015. NORTH ANDOVER AFFORDABLE HOUSING TRUST FUND By: George Koehler, Chair COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this day of September, 2015, before me, the undersigned notary public, personally appeared George Koehler, Chair of the North Andover Affordable Housing Trust Fund, who proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose on behalf of the North Andover Affordable Housing Trust Fund. Notary Public My Commission Expires: 530017/NAND/0139 North Andover Affordable Housing Trust Meeting Minutes Tuesday August 11, 2015 Town Hall, 15t Floor Conference Room Present: George Koehler, Laurie Burzlaff, Steve Bernard, Roger Lawson,Tracy Watson,Joan Fitzgibbons Staff: Kristine Cheetham, Bonnie Wolstromer Guest: Yesenia A. Gil, Bread & Roses Housing The AHT meeting was called to order at 4:00 p.m. MOTION on Approval of Minutes from the July 11, 2015 Meeting: L. Burzlaff motioned to accept the AHT minutes for the July 14, 2015 meeting. G. Koehler seconded the motion. The vote was 6-0, unanimous in favor. Discussion:The Board briefly revisited the Herrick Road property noting the offer of$250K was refused by the bank who wanted $325K. Yesenia Gil presented the Bread & Roses Housing proposal for 64 & 66 May Street. The duplex unit has two available dwellings. One is a 3 bedroom/two bath unit and the other is a two bedroom/one bath unit. (2,758 approximate living area and 5,227 sq. ft. lot) BRH will rehab and sell each unit to an income qualified household for $175,000. They are requesting$400,000 in funding from the North Andover Affordable Housing Trust to be used for acquisition. The owner has accepted their offer to purchase for$392,050. The Board discussed the need to appear before the Board of Selectman and CPC for approval. The schedule of the upcoming renovation and construction process for the May St. property—potential lead remediation,construction, community outreach, bank closing, payment to Bread & Roses Housing, property sale, etc. is anticipated for Sept.-Oct. of 2015. The goal would be to finalize selected families and notify them prior to the 2015 holidays. The Board reviewed and discussed: • Project Summary • Contract to Purchase • Development Proforma • Neighborhood Outreach Plan • Homeownership Model The benefit to the community was discussed. The location is desirable for affordable housing and a duplex with a three bedroom is very important to the goals of the Trust. The project will meet area demands for two families vs. one, and the return of a portion of the investment is also a beneficial piece of the project. The Trust has a unique role to leverage the purchase with cash and to have a return on investment after the sale of the units. G. Koehler to review procedural requirements with L. Burzlaff to ensure the process of the May Street purchase flows accordingly.The Board is willing to help with any administrative paperwork as needed. MOTION: L. Burzlaff motioned to approve funding in the amount of$400,000 for the purchase of a duplex style, two- family property at 464-66 May Street with at least$128K being returned to the AHT upon sale of units. Any decreases in cost shall be credited to the AHT. T. Watson seconded the motion.The vote was 6-0 unanimous in favor. Further Discussion: S. Bernard would like to review the AHT's down payment procedure and have a system in place for future home buyers, noting the $5,250 may be difficult for some families to initially produce. New properties for Page 1 of 2 August 11, 2015 potential projects were briefly discussed. L. Burzlaff to contact Mass. Ave. property owner to schedule a potential September inspection for future purchase. K. Cheetham to provide J. Fitzgibbons with an updated, current 40B listing and CHAPA contacts. K. Cheetham to review and update the organization of the AHT website with B. Curran. Meeting adiourned at 4:45 p.m. (L. Burzlaff motioned to adjourn. S. Bernard seconded the motion. (The vote was 6-0, unanimous in favor.) NEXT MEETING: September 15, 2015 @ 4 p.m. in Town Hall. MEETING MATERIALS: August 11, 2015 Agenda; DRAFT Meeting minutes July 14, 2015, email from G. Koehler stating BRH's accepted offer for 64-66 May Street, North Andover, MA Preliminary pro forma, Estimate of rehab expenses Pagel of 2 August 11, 2015 AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 27, 2015 Re: Appointments The Appointment Subcommittee is recommending Anne Marie Brightman be appointed to the Festival Committee through June 30, 2016. North Andover, MA 120 Main Street Phone: 978-688-9500 Citizen Activity Form Good Goverment Starts tivith You Date Submitted: June 25,2015 Name: Anne Marie Brightman Home Address: 761 Dale Street NORTH ANDOVER,MA 01845 Mailing Address: 761 Dale Street NORTH ANDOVER,MA 01845 Phone Number(s): (978)-857-9456-Cell -Unspecified Email Address: annebarb @comcast.net Current Occupation: Senior Consultant Narrative: I work 20 hours a week and have a 4 year old daughter so my time very much varies.I am a lifelong resident of NA and am looking for ways to contribute and get more involved in the town. I have a Masters in Health Services Administration and am currently an Ombudsman with Elder Services of Merrimack Valley.I have worked in Senior Care since my teens starting at Prescott House in NA as a nursing assistant.I have done Program Management at the Executive Office of Elder Affairs and in the hospital setting,and have managed operations and marketing in Nursing Homes and Home Care Agencies.In my consulting work for the last 8 years I work with all clients along the Post-Acute Care Continuum including Adult Day Health and Assisted Livings along with those listed above. I love writing and research and believe I have excellent organizational skills. I have time to be on one Board but checked off several that most interest me.Thank you! Boar 7ANA OMMITTEE OF ASSESSO=TEE' NITY ACCESARD OF DIRECTORS NITY PRESEMITTEE L COMMITTACK VALLEOMMISSION TAIN ABILI NEIGHBORHOOD CONSERVATION DISTRICT COMM..e Page 1/1 u ° AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 25, 2015 Re: Request to Use Steven's Pond Request from: Mary Beth Chesler of North Andover Middle School For: Approval to use Steven's Pond on Monday,September 21, 2015 and Thursday, September 24, 2015 from 8:15 a.m. to 2:15 p.m. with a rain date of Friday, September 25, 2015 for 6th grade kayaking Reviewed by: Police Department Notes: No conditions Fire Department Notes: No conditions Public Works Notes: No conditions urzlaff, Laurie From: Chesler, Marybeth <cheslerm @northandoverpublicschools.com> Sent: Wednesday, August 05, 2015 12:33 PM To: Burzlaff, Laurie Subject: request to use Steven's Pond To whom it may concern, I am writing to request the use of Steven's Pond and bathroom facilities for Monday, September 21, 2015 and Thursday, September 24th with a rain date of Friday, September 25th. We will once again be partnering with Plum Island Kayak to offer kayaking to our incoming 6th grade. I understand that I am responsible for supplying an insurance form with the Town of North Andover on it from PI Kayak and that I am responsible for all trash pick up etc. Last year was such a success and we thought that this year we would use it to build our sense of community with our incoming 6th grade classes. S 5 Thank you, Mary Beth Chesler NAMS Physical Education Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www,sec.state.ma,us/pre/preidx.htm. Please consider the environment before printing this email. i �y r� r i •..Community Partnership••- Operations Division Lieutenant Charles P. Gray TO: Laurie Burzlaff FROM: Lieutenant Charles P. Gray ' RE: Stevens Pond Request September 21,24, and 25, 2015 DATE: August 6,2015 Please be advised that the Police Department has reviewed this proposal. The Police Department has no issues with this proposal other than possible parking concerns along Pleasant Street. The recommendation is to remind motorists to park as close to the side of the road as possible to allow for two way traffic and access to the area by emergency vehicles should the need arise. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:078-683-3168 Fax:078-681-1172 'Y OWN OF' NOR'"M ANDOVER Hiv Departinei'a Cewam� Fure Ilea a:pUM•aca•S - Fire Prever�flon Office 124 MAIN S'PlUIET N(-"W,TI I ANMOVEI�, MAIiSACHLJI;F.,'ITTS 01845 Andrem� MeInikas (fli ef Telephone(978)688-9593 Fire "' I`AX (ii dpi) 688-9594 Lt F. mccaaply aryielpikas Fire Prevention Officer Nis CHUS fincgyfl,y )a gwi i oftiortha pdo ver.coin Town Manager's Office 124 Main St. North Andover,Ma August 6, 2015 The Fire Department recommends favorable action for the use of Steven's Pond on September 21 and 24 with a rain date on September 25, for use by the 6'11 grade class for the purpose of kayaking. Regards, Lt Frederick McCarthy Fire Prevention Officer 978-688-9590 • INTEROFFICE MEMORANDUM DATE: August 24, 2015 TO: Laurie Burzlaff, Executive Assistant FROM: Bruce Thibodeau CC: RE: Kayaking The Division of Public Works has no objection to the request from Mary Beth Cheslar, of NAMS Physical Education, to hold a kayaking day at Stevens Pond, for the upcoming 6`h graders, on Thursday, September 24, 2015 with a rain date of Friday, September 25, 2015. If she needs any assistance from the DPW, please have her contact my office. INTEROFFICE N EMORA] ]DUM DATE: August 7,2015 TO: BOS c/o Andrew Maylor Town Manager, FROM: Gene Willis CC: Bruce Thibodeau RE: Safe Routes to Schools easement takings Board Members The Board must take the action below in our next step for the Safe Routes to School project by voting the motion below called an"Order of Taking": find attached: 1. Vote to be taken 2. Order of taking for signatures 3. Certified copy of Town Meeting vote 4. Original mylar plans for recording Order of Taking Vote "Move that the Board of Selectmen pursuant to the authority granted by the vote taken under Article 6 of the May 19,2015 Town Meeting,to take by eminent domain temporary easements in the parcels of land shown on a plan entitled "Easement Plan,"dated July 22, 2015, prepared by Allen & Major Associates, Inc., and to execute the Order of Taking in the form presented to us by Town Counsel,which easements shall terminate 3 years after the Order of Taking is recorded. No damages are awarded for said taking,and further,the affected owners have waived damages for said taking." COMMONWEALTH OF MASSACHUSETTS ESSEX, SS TOWN OF NORTH ANDOVER ORDER OF TAKING At a regularly convened meeting of the Board of Selectmen of the Town of North Andover (the "Town") held on this 31St day of August, 2015, it was voted and ordered as follows: The Board of Selectmen of the Town of North Andover, duly appointed, qualified, and acting pursuant to the vote taken under Article 6 of the May 19, 2015 Annual Town Meeting, as continued, a certified copy of which is attached hereto and incorporated herein, G.L. Chapter 79, and any and every other power and authority hereunto enabling it in any way, does hereby take on behalf of the Town, temporary construction easements to enter upon and use the parcels of land shown as: "TE -1" through and including "TE-14"; "TE-16" though and including "TE-27; and "TE-29"through and including "TE-31"; and "TE-34"through and including "TE-35" (the "Easement Premises") on a plan entitled "Easement Plan," dated July 22, 2015, prepared by Allen & Major Associates, Inc., recorded herewith in Plan Book , Page (7 sheets) (the "Plan"). The Town shall have the right to enter and use the Easement Premises for the purpose of constructing, reconstructing, improving, altering, maintaining, repairing, removing and/or replacing the roadways in the Town of North Andover known as Massachusetts Avenue, Greene Street, and Parker Street, and making related roadway and other improvements and alterations, including, without limitation, constructing, installing, reconstructing, modifying, maintaining, repairing, removing and/or replacing rights of ways, sidewalks, walkways, driveways, wheelchair ramps, pavement markings, drainage structures and facilities and other utilities, traffic signals, bicycle racks, and landscaping, and any and all purposes and uses incidental thereto, all as shown more particularly on the Plan (the "Project"). Said temporary easements shall terminate three (3) years from the date this Order of Taking is recorded with the Essex North District Registry of Deeds. The Town shall have the right of entry upon and passage over the Easement Premises from time to time by foot and motor vehicles, including heavy equipment, solely for the foregoing purposes, including, without limitation, excavating land, grading land, constructing, reconstructing or repairing rights of way, paths, walkways, slopes, and driveways, making drainage modifications, and using and temporarily storing, as needed, construction equipment, materials or other incidental items in, on, under, and upon the Easement Premises for the proper construction of the Project. The Town shall, upon the completion of the Project, restore any portion of the Easement Premises damaged as a result of the Town's exercise of the rights Page 1 of 7 acquired herein to the condition existing prior to such disturbance, as closely as reasonably practicable. The Town shall have the right to remove any structures, objects and/or vegetation (including trees and shrubs) now or hereafter located within the Easement Premises as may be necessary or convenient to exercise the easements taken hereunder; structures and facilities so located within the Easement Premises that are owned by private utility companies and easements held by private utility companies are not taken. Said land and easement areas are owned or supposed to be owned by the persons identified in Schedule A, attached hereto and incorporated herein, hereinafter referred to as owners. If in any instance the name of the owner is not correctly stated, the names of the supposed owners being given as of this Order of Taking, it is understood that in such instance the land referred to is owned by an owner of owners unknown to us. All the owners listed in Schedule A have waived damages and a right of appraisal of said damages, and we therefore award no damages to those persons for the herein taking. Betterments are not to be assessed under this taking. 525215/NAND/0140 [SIGNATURE PAGE FOLLOWS] Page 2 of 7 IN WITNESS WHEREOF, the Board of Selectmen of the Town of North Andover, set our hands and seal on this 31St day of August, 2015. TOWN OF NORTH ANDOVER, By its Board of Selectmen Richard M. Vaillancourt Phil DeCologero Tracy M. Watson Rosemary Connelly Smedile Donald B. Stewart THE COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this 31St day of August, 2015, before me, the undersigned notary public, personally appeared , member of the North Andover Board of Selectmen, as aforesaid, proved to me through satisfactory evidence of identification, which was , to be the person whose name is signed on the preceding document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose on behalf of the Town of North Andover. Notary Public My Commission Expires: 525215/NAND/0140 Page 3 of 7 SCHEDULE A List of Owners Owner: Kuilian Tang and Junwu Zhu Property Address: 235 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-1); 84+ SF Deed Reference: Essex North District Registry of Deeds, Book 6712, Page 298 Owner: Eric M. Boucher Property Address: 315 Massachusetts Avenue, North Andover, MA 01845 Interest Taken: Temporary easement (TE-1); 84+ SF Deed Reference: Essex North District Registry of Deeds, Book 13044, Page 12 Owner: Gladys T. Hajjar Property Address: 3 Linden Avenue,North Andover, MA 01845 Interest Taken: Temporary easement (TE-2); 96+ SF Deed Reference: Essex North District Registry of Deeds, Book 1163, Page 640 Owner: John F. McCarthy, Mary Lou McCarthy, and John F. McCarthy, Jr., Trustees, Marjack Realty Trust Property Address: 226 Green Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-3); 3,720+ SF Deed Reference: Essex North District Registry of Deeds, Book 11863, Page 224 Owner: Richard J. Gaudet and Betsy A. Gaudet Property Address: 347 Massachusetts Avenue,North Andover, MA 01845 Interest Taken: Temporary easement(TE-4); 200+ SF Deed Reference: Essex North District Registry of Deeds, Book 2946, Page 14 Owner: Fred S. Concemi and Esther Concemi Property Address: 362 Massachusetts Avenue, North Andover, MA 01845 Interest Taken: Temporary easement (TE-5); 1,791+ SF Deed Reference: Essex North District Registry of Deeds, Book 1102, Page 276 Owner: Robert B. Neil and Joan E. Neil, Trustees, Neil Family Trust Property Address: 201 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement(TE-6); 75+ SF Deed Reference: Essex North District Registry of Deeds, Book 13301, Page 274 Owner: Judith A. Quintal and Paul W. Quintal Property Address: 372 Massachusetts Avenue, North Andover, MA 01845 Interest Taken: Temporary easement (TE-7); 72+ SF Deed Reference: Essex North District Registry of Deeds, Book 4904, Page 92 Page 4 of 7 Owner: John F. Brennan and Mary Kathryn Brennan Property Address: 174 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-8); 394+ SF Deed Reference: Essex North District Registry of Deeds, Book 9087, Page 184 Owner: William Wolfenden and Toni Wolfenden Property Address: 183 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-9); 425+ SF Deed Reference: Essex North District Registry of Deeds, Book 8463, Page 80 Owner: Kevin Fitzgerald and Jill Fitzgerald Property Address: 171 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-10); 963+ SF Deed Reference: Essex North District Registry of Deeds, Book 13403, Page 349 Owner: Ann M. Boudreau, Trustee, Ann M. Boudreau Trust Property Address: 165 Greene Street, North Andover, MA 01845 Interest Taken: Temporary easement (TE-11); 481+ SF Deed Reference: Essex North District Registry of Deeds, Book 14147, Page 281 Owner: Sandra Williams Property Address: 162 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-12); 89+ SF Deed Reference: Essex North District Registry of Deeds, Book 8647, Page 204 Owner: Abigail M. Cooper Property Address: 157 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-13); 505+ SF Deed Reference: Essex North District Registry of Deeds, Book 13796, Page 177 Owner: Michael S. Beresford and Julia V. Beresford Property Address: 139 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-14); 844+ SF Deed Reference: Essex North District Registry of Deeds, Book 1518, Page 137 Owner: Stephen A. Lagana, Trustee, Karadonna Realty Trust Property Address: 142 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-16); 469+ SF Deed Reference: Essex North District Registry of Deeds, Book 10015, Page 111 Owner: Lynn M. Barash Property Address: 132 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-17); 1,207+ SF Deed Reference: Essex North District Registry of Deeds, Book 10264, Page 223 Page 5 of 7 Owner: Wayne M. Greenwood and Jean C. Greenwood, Trustees, Greenwood Family Trust Property Address: 7 Parker Street, North Andover, MA 01845 Interest Taken: Temporary easement (TE-18); 452+ SF Deed Reference: Essex North District Registry of Deeds, Book 11821, Page 130 Owner: Joseph J. Boghos and Monica Taylor Boghos Property Address: 21 Parker Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-19); 422+ SF Deed Reference: Essex North District Registry of Deeds, Book 14028, Page 148 Owner: David A. Kovner and Charlene D. Cloney Property Address: 27 Parker Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-20); 300+ SF Deed Reference: Essex North District Registry of Deeds, Book 11484, Page 1 Owner: Tara A. Shannon Property Address: 33 Parker Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-21); 411+ SF Deed Reference: Essex North District Registry of Deeds, Book 10608, Page 260 Owner: Charles W. Ackroyd, Trustee, B and C Ackroyd Realty Trust Property Address: 30 Parker Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-22); 185+ SF Deed Reference: Essex North District Registry of Deeds, Book 4644, Page 49 Owner: Betty L. Rallo and Barry T. Sullivan, Trustees, Ridgehaven Realty Trust Property Address: 36 Parker Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-23); 365+ SF Deed Reference: Essex North District Registry of Deeds, Book 12819, Page 94 Owner: John J. Driscoll and Mary R. Driscoll Property Address: 42 Parker Street,North Andover, MA 01845 Interest Taken: Temporary easement(TE-24); 410+ SF Deed Reference: Essex North District Registry of Deeds, Book 960, Page 139 Owner: Dan Butin and Amy E. Sarofian-Moeller Property Address: 8 Hemlock,North Andover, MA 01845 Interest Taken: Temporary easement (TE-25); 144+ SF Deed Reference: Essex North District Registry of Deeds, Book 13716, Page 108 Owner: Steven A. Faucher and Susan D. Faucher Property Address: 50 Parker Street,North Andover, MA 01845 Interest Taken: Temporary easement(TE-26); 397+ SF Deed Reference: Essex North District Registry of Deeds, Book 1368, Page 156 Page 6 of 7 Owner: Jessica Saunders Property Address: 49 Parker Street, North Andover, MA 01845 Interest Taken: Temporary easement (TE-27); 631+ SF Deed Reference: Essex North District Registry of Deeds, Book 14326, Page 342 Owner: Thomas F. Driscoll and Keryl L. Driscoll Property Address: 51 Parker Street, North Andover, MA 01845 Interest Taken: Temporary easement(TE-29); 150± SF Deed Reference: Essex North District Registry of Deeds, Book 9190, Page 137 Owner: Michael F. Hogan and Elizabeth H. Hogan Property Address: 70 Parker Street, North Andover, MA 01845 Interest Taken: Temporary easement(TE-30); 200+ SF Deed Reference: Essex North District Registry of Deeds, Book 4402, Page 194 Owner: Benjamin L. Gibson and Erin A. Gibson Property Address: 123 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement(TE-31); 659± SF Deed Reference: Essex North District Registry of Deeds, Book 13688, Page 288 Owner: Scott A. Ialuna and Kara A. Ialuna Property Address: 104 Greene Street,North Andover, MA 01845 Interest Taken: Temporary easement (TE-34); 200+ SF Deed Reference: Essex North District Registry of Deeds, Book 12222, Page 121 Owner: Ralph C. Strout and Stacey Strout Property Address: 11 Faulker Road,North Andover, MA 01845 Interest Taken: Temporary easement(TE-35); 100+ SF Deed Reference: Essex North District Registry of Deeds, Book 10053, Page 113 525215 1NAND/0140 Page 7 of 7 pF NOR7p q P i Y 9SSACHUSE� TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail j_hra sigiwf�fic�wnoffiort andovencoun This is to certify that the following vote on Article 6 was taken at the Dissolved Annual Town Meeting for the Town of North Andover held May 19,2015: Article 6: Easements for Safe Routes to Schools Project. Unanimous vote to authorize the Board of Selectmen to acquire by purchase, gift, and/or eminent domain, on such terms and conditions as the Board of Selectmen deem appropriate, permanent and/or temporary easements on the parcels of land referenced below for public way purposes, including, without limitation, the construction, alteration, maintenance, improvement, repair and/or replacement of rights of way, driveways, sidewalks, ramps, parking areas, utilities and/or traffic control devices, and related improvements, to be undertaken in connection with the Safe Routes to School Project, and for all uses and purposes incidental thereto, said easements to be in, on and under the parcels of land on or near Massachusetts Avenue, Greene Street, and Parker Street and shown on a plan entitled "Plan of North Andover Middle School Massachusetts Avenue - Greene Street - Parker Street in the Town of North Andover Essex County," a copy of which is on file with the Town Cleric, as the same may be amended from time to time, and, further, to see if the Town will vote to raise and appropriate, transfer from available funds, accept gifts and/or borrow a sum of money for the foregoing purposes and any costs related thereto, and to authorize the Board of Selectmen to enter into all agreements and take all related actions necessary or appropriate to effectuate the purposes set forth herein, and, further, to dedicate to, and transfer to the Board of Selectmen for, public way purposes, including, without limitation, the purpose of constructing and maintaining sidewalks, ramps and other Project improvements, a portion of the property located at 495 Main Street and shown on the aforesaid plan. 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PEAI4NEM EASEMENTIE) [£N R OCN1C5.INL. � / 1 NENNETN�/`N HANNA y V s / BAR 1 eR'z'o/I/Pp \ ca/ a / PARCEL TE-3A / ! / scow AnUCANrl e[ BaavnaN nRTa APPROX.zoos TOWN OF NORTH ANDOVER 120 MAIN STREET NORTH ANDOVER,MA 01845 SAFE ROUTES TO SCHOOL NORTH ANDOVER MIDDLE SCHOOL NORTH ANDOVER,MA 9R.1 9]5/_FS ,,v� \` ,/ Ol/a/20,-5 / FAULKNER \ GE P h ROAD G E �0 �^ (vuBUC- y _ER PL NO•A09)u,DU1) OMPim fY: Aln OI[L IDOM pK ,- / \ 'r• PNRGLL TE-35 RALPH& ITncv s�o�t .,'AR-AvWCO oo sT I \ ALLEN& MAJOR \ �', ASSOCIATES,INC. B.,-/PC a.NmulwneAAnaN�,�"'m"" Lp" mNO,«�m.w'�w.1pMwo�`i'.�wam.�wYArl.�" GRAPHIC SCALE n r 12 EASEMENT PLAN 7 ■ � t I I AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 25, 2015 Re: Conservation Restriction The Town purchased the properties known as Half-Mile Hill Summit, Sunnyridge and Ousler Property with Community Preservation funds. The parcels are required to have a Conservation Restriction in order to comply with M.G.L. Chapter 44B,Section 12(a) of the Community Preservation Act. The Conservation Commission approved and signed the restriction at their meeting on August 12, 2015. Grantor: Town of North Andover Grantee: Essex County Greenbelt Association,Inc. Address of Premises: Osgood Street,North Andover For title see: Essex North District Registry of Deeds Book 8915,Page 200,Book 10503, Page 145,and Book 13284,Page 150 CONSERVATION RESTRICTION To ESSEX COUNTY GREENBELT ASSOCIATION,INC. I. GRANTOR CLAUSE The TOWN OF NORTH ANDOVER, a municipality organized under the laws of the Commonwealth of Massachusetts with its usual place of business located at 120 Main Street,North Andover, Massachusetts 01845, acting by and through its 0 Conservation Commission by authority of MGL c40 Sec 8C, its permitted successors and assigns (hereinafter"Grantor"),acting pursuant to Sections 31, 32,and 33 of Chapter 184 0 of the Massachusetts General Laws,for consideration paid of One ($1.00) Dollar,hereby Z grants,with quitclaim covenants,to ESSEX COUNTRY GREENBELT ASSOCIATION,INC.,a Massachusetts not for profit corporation having its principal 0 office at 82 Eastern Avenue,Essex,Massachusetts 01929,its permitted successors and Oassigns(hereinafter"Grantee"), in perpetuity and exclusively for conservation purposes, the following Conservation Restriction on three parcels of land known as Half-Mile Hill o Summit,Sunn rid e,and Ousler Property,containing in total approximately 53.8 acres, a and located in the Town of North Andover,Essex County,Massachusetts (hereinafter referred to as the "Premises"),all as described as the following: 1. Half-Mile Hill Summit: Parcel of land containing approximately 29.9 acres, and shown as Lot 4-13 on a plan entitled "Compiled Plan of Land in North Andover,Mass. For Michael Kettenbach," by Robert M. Gill &Associates, Inc. dated November 8, 1992,revised July 19, 1993,subject to and with the benefit of the matters of record referenced thereon and/or in Grantor's deed, I and recorded with the Essex North District Registry of Deeds on November 7, 1994 as Plan No. 12491,and as more particularly described in Exhibit A. For Grantor's title see deed recorded with Essex North District Registry of Deeds at Book 8915,Page 200 and attached in Exhibit A. 2. Sunnyridge: A parcel of land on Osgood Street containing 10.3 acres and shown as Lot C on a plan entitled "Plan of Land in North Andover MA prepared for the Trust for Public Land," dated May 30,2006 by Merrimack Engineering Services and recorded with the Essex North Registry of Deeds on October 26,2006 as Plan No. 15556,subject to and with the benefit of any matters of record referenced thereon and/or in Grantor's deed,and as more particularly described in Exhibit B subject to and with the benefit of the matters of record referenced therein. For Grantor's title see deed recorded with Essex North District Registry of Deeds at Book 10503,Page 145 and attached in Exhibit B. 3. Ousler Property: Parcel of land on Osgood Street containing a total of approximately 13.6 acres and shown as Lot 2 and Lot 3 on a plan entitled "Definitive Subdivision Plan of Land,623 Osgood Street,North Andover, Massachusetts",by GA Consultants,Inc. dated November 8,2012,revised November 14,2012,and recorded with the Essex North Registry of Deeds on December 28,2012 as Plan No. 16849,subject to and with the benefit of any matters of record referenced thereon and/or in Grantor's deed, and as more particularly described in Exhibit C subject to and with the benefit of the matters of record referenced therein. For Grantor's title see deed recorded with Essex North District Registry of Deeds at Book 13284,Page 150 and attached in Exhibit C. II. PURPOSES This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. Its purposes are to assure that the Premises will be retained in its current natural,scenic,undeveloped condition in perpetuity and for conservation purposes and to prevent any use of the Premises that will materially impair or interfere with the conservation values of the Premises. The acquisition of the Premises was made with grants of Community 2 Preservation Funds,and this Conservation Restriction is to comply with and is required by M.G.L. Chapter 44B, Section 12(a) of the Community Preservation Act. Certified copies of the Town Meeting votes approving the purchases are attached hereto as Exhibit D. The protected Conservation Values and the public benefits resulting from the protection of the Premises as provided in this Conservation Restriction include the following,without limitation: A. Protection of Ecological and Educational Values. The Premises provide significant scenic,wildlife,agricultural,outdoor educational,recreational and drinking water protection values in its undeveloped state as a natural area that has not been subjected to development,in its proximity to and shoreline on Lake Cochichewick,the sole public drinking water supply for the Town of North Andover,its proximity to existing permanently protected land and conservation restrictions held by the Trustees of Reservations and the Town,and in its use for passive recreation on established public trails; and B. Preservation of Scenic Views and Vistas. The fields and woodlands on the Premises offer broad scenic views to the passing public and are integral to the surrounding landscape, which consists primarily of protected and undeveloped properties including Town owned conservation land, The Trustees of Reservations' Weir Hill, and a portion of the Edgewood property. This CR protects these vistas and helps ensure the integrity of the Osgood Road and Bradford Road landscapes; and C. Protection of Wildlife Habitat. The Premises contains valuable wildlife habitat,including woodlands and extensive open fields used by a variety of wildlife species; the entire Premises is mapped by the Massachusetts Natural Heritage and Endangered Species Program as BioMap2 Core Habitat for Species of Conservation Concern.The Natural Heritage Endangered Species Program (NHESP) states that this "Core Habitat includes those species that meet the criteria for listing under the Massachusetts Endangered Species Act,as well as a number of species that do not meet these criteria for listing,but are considered to be of conservation concern within Massachusetts." Core Habitat identifies specific areas necessary to promote the long-term persistence of rare species,other Species of Conservation Concern,exemplary natural 3 communities and intact natural ecosystems (Species of Conservation Concern:BioMap2 Components—NHESP, 2010); and D. Furtherance of Government Policy. Protection of the Premises furthers the Town of North Andover's 2010 Open Space and Recreation Plan including meeting objectives to: protect North Andover's only drinking water supply,Lake Cochickewick (Objective 1); link open space and trails (Objective 4),expand existing conservation efforts (Objective 5),protect scenic hilltops,landscapes,and farmlands (Objective 7), preserve historic landscapes and other historic resources (Objective 8),and maintain existing recreational facilities and create new recreational opportunities (Objective 10); in addition,per order of the North Andover Board of Selectmen,"Lake Cochichewick is North Andover's only drinking water supply,and everything possible should be done to protect it as much as possible." Therefore,in order to preserve the Premises in perpetuity in its present natural, scenic,and open condition,the Grantor conveys to the Grantee a perpetual Conservation Restriction within the meaning of Chapter 184, Section 31 et. seq. of the General Laws of Massachusetts,as amended. In order to describe the present condition of the Premises the Grantor and the Grantee agree that all man-made structures, boundaries, and natural features existing on the Premises at the time of execution of this Conservation Restriction, shall be documented in a report to be kept on file in the offices of the Grantor and the Grantee (hereinafter "Baseline Documentation Report"). This Baseline Documentation report shall consist of documentation that the Grantor and the Grantee collectively agree provides an accurate representation of the condition of the Premises at the time this Conservation Restriction is recorded and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this Conservation Restriction. In the event the Baseline Documentation Report is unavailable to establish the current condition of the Premises, the Grantor and Grantee reserve the right to establish its current conditions by other means. III. PROHIBITED AND PERMITTED ACTIVITIES AND USES The terms of this Conservation Restriction are as follows: 4 A. Prohibited Activities and Uses. Except as otherwise herein provided,the Grantor shall neither perform nor permit others to perform any of the following acts or uses, which are prohibited,on,above,and below the Premises: 1. Constructing,placing or allowing to remain any temporary or permanent building, structure, facility or improvement, including but not limited to buildings,tennis courts, landing strips or pads, mobile homes, swimming pools, asphalt or concrete pavement, septic systems, roads, signs, fences, billboards or other advertising display, utilities, conduits,poles, antennas (including satellite dishes and cell towers), towers,monopoles, docks, wharfs, or other temporary or permanent structures, facilities, or improvements of any kind on, above or under the ground; 2. Dumping,placing,filling or storing on the Premises of soil,grass clippings, compost,yard debris or other substances,or dumping or placing of vehicle bodies or parts,junk,trash,refuse,solid or chemical waste,unsightly or offensive or any other materials whatsoever,or the installation of underground storage tanks; 3. Cutting,removing,or otherwise destroying trees,grasses,shrubs or other vegetation; 4. Mining,excavating,dredging or removing from the Premises of loam,peat,sand, gravel,soil,rock or other mineral resource or natural deposits except as necessary for proper drainage or soil conservation and then only in a manner which does not impair the purposes of this Conservation Restriction after consultation with and approval by the Grantee; 5. Any industrial use; 6. Any institutional or commercial use; 7. Any use of the Premises for more than de minimis commercial recreational activities,as defined in I.R.C. Section 2031(c)(8)(B) and regulations promulgated thereunder or any successor statute or regulation; 5 8. Use,parking,or storage of motorized or mechanized vehicles of any nature or kind,including but not limited to cars,trucks,motorcycles,trail bikes,all-terrain vehicles and snowmobiles on the Premises,except such as may be necessary by police,firemen or other governmental agents in carrying out their lawful duties, and except for, where appropriate,motorized or non-motorized wheelchairs for handicap accessibility; 9. The use,landing,or storage of aircraft,helicopters,or similar machines or devices,except as necessary by police,firefighters or other emergency personnel or government agents in carrying out their lawful duties; 10.Activities detrimental to drinking water protection,wildlife habitat,drainage, flood control,water or soil conservation,scenic qualities,archaeological conservation,or erosion control; 11.The use of the Premises for (a) transferring development rights to any property, whether or not the receiving land is adjacent to the Premises; and (b) calculating permissible lot yield of this or any other land; 12.Conveyance of a part or portion of the Premises alone or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety,which shall be permitted) without the prior written consent of Grantee; 13.Any other use of the Premises or activity that would impair the conservation values unless such use or activity is necessary in an emergency in the opinion of the Grantee and at the Grantee's sole discretion for the protection of the conservation values that are subject to this Conservation Restriction; 14. Any acts or uses which in the opinion of the Grantee and at the Grantee's sole discretion are harmful to the purposes of this Conservation Restriction. B. Reserved Rights and Exceptions to Otherwise Prohibited Activities and Uses. Notwithstanding anything contained in Paragraph A,the Grantor reserves the right to 6 conduct or permit the following activities on the Premises provided that such uses and activities do not materially impair the purposes of this Conservation Restriction. 1. Trails.The maintenance of currently existing trails located on the Premise substantially in their present condition or as reasonably necessary for the uses permitted herein,and,with prior written permission of Grantee,the relocation of existing trails,including clearing,grading,construction,marking and maintenance (including,if necessary,the construction of retaining walls,planking and bridges, or barriers to prevent motorized access),provided that any new trails shall replace existing trails and that said existing trails shall be closed after the new trails are created,unless Grantee specifically approves the creation of a new trail,and provided that the new trails do not have a negative effect on the Conservation Values of this Conservation Restriction. Trails may be constructed of dirt, stone dust, gravel or other natural and pervious material; in no case may they be paved; 2. Si na e.The erection,maintenance and replacement of a minimal number of signs with respect to (a)the location of boundary lines and trails,(b) permitted and prohibited uses,including hunting and recreation,and other regulations,and (c) interpretive,informational or other similar signs designed to enhance passive public use; 3. Recreational and Educational Uses.Hiking,horseback riding,cross country skiing,wildlife observation and other passive,non-motorized outdoor recreational and educational activities consistent with the purposes of this Conservation Restriction; 4. Hunting. Hunting shall be permitted in a manner that upholds the Conservation Values set forth in this Conservation Restriction and in accordance with Rules and Regulations to be established by the Town of North Andover Conservation Commission; 5. Invasive Species. The removal of non-native,nuisance,or invasive species of flora or fauna,and the control of species in a manner that minimizes damage to surrounding,non-target species and preserves water quality. For the purposes of 7 this Conservation Restriction,the terms "non-native" or"invasive species" shall be defined as a species that is non-native or alien to the ecosystem under consideration, and which is likely to cause economic or ecological harm or harm to human health; 6. Parking. With prior written approval of Grantee,which permission shall not be unreasonably withheld or delayed,the construction,use and maintenance of a parking area along Osgood Street within either Lot 2 or Lot 3,but not both,of the Ousler parcel in order to facilitate public access to the Premises; 7. Mowing and Haying. Grantor shall have the right but not the obligation to allow mowing and/or haying on the existing open meadows and fields of the Premises, as shown in the Baseline Documentation,provided,however,that such operations are carried out in a manner consistent with sound practices and state and municipal laws and in consultation with Grantee and MassAudubon regarding habitat for ground nesting birds; 8. Forestry. In accordance with generally accepted forestry best management practices,as those practices may be identified by appropriate governmental or educational institutions,(a) selective de minimis pruning and cutting to prevent, control or remove hazards,disease,insect damage or fire or to preserve the present condition of the Premises,including trails; (b) the right to conduct,or to permit others to conduct,sound silvicultural uses of the Premises in accordance with either the current forest management plan (approved May 2013) that governs a portion of the Premises,or any future Forest Management Plan to be prepared by a professional forester licensed to practice forestry in Massachusetts pursuant to M.G.L. c.132, §§ 47-49,which plan shall be approved in advance of any timber harvest by the Grantee. All Forest Management Plans shall provide for the management of the Premises in a manner consistent with generally accepted "Best Management Practices," as those practices may be identified by appropriate governmental or educational institutions,and in a manner not wasteful of soil resources,or detrimental to water quality or other conservation values of this Restriction; 8 9. Easements and Utilities. The right to maintain, operate, repair, and replace in compliance with all applicable governmental requirements and specifications, and according to the terms of relevant deeds,plans, easements and/or other agreements, 1) existing utilities including water, gas and electrical lines located as shown on a plan entitled "Showing a Portion of Edgewood Farm,North Andover, Mass" by Charles C.Martin Associates,dated Dec. 1977,and recorded with Essex North District Registry of Deeds on May 8, 1978 as Plan No.7803,and as more particularly described in Exhibit E and on the Sunnyridge Plan of Land shown in Exhibit B,2) an existing"Hazard Beacon" as shown on the Half Mill Hill Summit Plan of Land in Exhibit A,and 3) the rights to maintain,repair, replace and relocate utilities on the Ousler Parcel as shown on the sketch plan attached hereto as Exhibit E and as referenced as "Existing Utility Easement Area" and "Future Utility Easement Area" in the deed recorded at Book 13284, Page 150 in the Northern Essex Registry of Deeds attached hereto as Exhibit C; and 10. Such other activities requested by the Grantee and expressly approved in writing by the Grantor provided (a) the activities are consistent with the purposes of this Conservation Restriction; (b)the activities are not prohibited herein; and (c) the activities will not impair the Conservation Values or Purposes of this CR. If the requested activities comply with these conditions,said approval shall not be unreasonably withheld or delayed. The exercise of any right reserved by the Grantor or Grantee under this Paragraph B shall be in compliance with the following: (a) then-current building,zoning,planning, and conservation regulations,bylaws or ordinances applicable to the Premises,(b) any special permits or variances pertaining to the Premises,(c) the Wetlands Protection Act (General Laws Chapter 131,Section 40),(d) the Massachusetts Endangered Species Act (General Laws Chapter 131A),and (d) all other then-applicable federal, state and local laws and regulations. The inclusion of any reserved right in Paragraph B of Section I1 requiring a permit from a public agency merely means that the Grantor or Grantee may have a right to request a permit,and does not deprive the Grantor,Grantee or the Commonwealth of Massachusetts from taking a position on whether such permit should be issued. 9 C. Unspecified Activities and Uses are Prohibited. All acts and uses not expressly permitted in Paragraph B of Section II or non-prohibited acts otherwise authorized by the Grantee are prohibited. D. Notice to and Approval by the Grantee. Whenever notice to or approval by the Grantee is required under the provisions of Paragraphs A,B or C of Section II,or any other provision or condition herein,the Grantor shall notify the Grantee in writing not less than thirty (30) days prior to the date the Grantor intends to undertake the activity in question. The notice shall describe the nature,scope,design,location,timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. The purpose of requiring such notice is to afford the Grantee with an adequate opportunity to ensure that the activities in question are designed and carried out in a manner that is consistent with the purposes of this Conservation Restriction and to monitor their implementation. Where the Grantee's approval is required by the terms of this Conservation Restriction,the Grantee shall grant or withhold its approval in writing within thirty (30) days of receipt of the Grantor's written request therefore. Grantee's approval may be withheld upon a determination by the Grantee at its sole discretion that the action as proposed would be inconsistent with the purposes or Conservation Values of this Conservation Restriction. IV. ACCESS A. Access by the Grantee. The Grantor hereby grants to the Grantee,or its duly authorized agents or representatives,the right to enter the Premises upon reasonable notice and at reasonable times,for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction and preventing,abating or remedying any violations thereof. The Grantee shall have the right,but not the obligation,at its sole expense,(if not due to the Grantor's actions or violations) to perform any act required to preserve,conserve or promote the natural habitat of wildlife, fish or plants located on the Premises. The Grantee shall have the right to erect and from time to time replace,at appropriate locations near the boundaries of the Premises,suitable signs identifying the Grantee as the holder of this Conservation Restriction. 10 B.Access by the Public.The Grantor and its successors and assigns shall permit the general public to pass and re-pass by foot,horseback,snowshoe,mountain biking, and cross country ski for purposes of quiet outdoor recreational and educational activities,provided that: (a) any such activity shall be limited to daylight hours only; (b) no motorized or mechanized vehicles of any kind shall be permitted except,where appropriate,motorized or non-motorized wheelchairs for handicap accessibility; (c) no dumping,waste disposal,or littering of any kind is allowed; and(d) no activity of a commercial nature is allowed. To the extent permitted by law,the Grantor and the Grantee hereby expressly disclaim any duty to maintain the Premises or warn persons who may enter upon the same. Pursuant to M.G.L. c. 21, s. 17c,neither the Grantor nor the Grantee is liable to any member of the public for injuries to person or property sustained by such person while on the Premises in the absence of willful,wanton,or reckless conduct. V. LEGAL RIGHTS AND REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief. The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations,including,without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of(it being agreed that the Grantee will have no adequate remedy at law) and shall be in addition to,and not in limitation of,any other rights and remedies available to the Grantee. If a dispute arises over the location of the boundaries of the CR, Grantor shall be responsible for a survey and placement of permanent boundary markers. B. Actions to Prevent or Remedy Violations. The Grantee shall have the right to take appropriate actions to prevent, abate,or remedy violations of this Conservation Restriction,including against third parties.Any future owner may be held responsible for violations existing during their ownership. C. Reimbursement of Costs of Enforcement. The Grantor and the successors and assigns of the Grantor covenant and agree to reimburse the Grantee for all reasonable 11 costs and expenses (including without limitation reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking reasonable measures to remedy or abate any violation thereof,provided that a violation of this Conservation Restriction is acknowledged by the Grantor or determined by a court of competent jurisdiction to have occurred. D. The Grantee's Disclaimer of Liability. By its acceptance of this Conservation Restriction,the Grantee does not undertake any liability or obligation relating to the condition of the Premises not caused by Grantee or its agents,including but not limited to,compliance with hazardous materials or other environmental laws and regulations. E. Non-Waiver by the Grantee. Enforcement of the terms of this Conservation Restriction shall be at the discretion of the Grantee.Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. F. Acts Beyond the Grantor's Control. Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control,including but not limited to fire,flood,storm and earth movement,or from any prudent action taken by the Grantor under emergency conditions to prevent, abate,or mitigate significant injury to the Premises resulting from such causes.The parties agree that in such an event,they will co-operate in restoration of the Premises if desirable and feasible. VI. SUBSEQUENT TRANSFERS A. Reference to Conservation Restriction in Future Deeds. The Grantor agrees to incorporate the terms of this Conservation Restriction by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Premises,including without limitation,any leasehold interest or option. Failure to do so shall not impair this CR or its enforceability in any way. 12 B. Representations of the Grantee. The Grantee represents that it is a not for profit corporation,that it has a perpetual existence,that it is organized and operated for the purpose of preserving and conserving natural resources,natural habitats, environmentally sensitive areas and for other charitable,scientific and educational purposes,that it has both the necessary funds and commitment to hold this Conservation Restriction exclusively for conservation purposes in perpetuity and to enforce its terms, and that it is a "Qualified Organization" as that term in defined in Section 170(h)(3) of the Internal Revenue Code of 1986,as amended. C. Required Notifications of Transfers. The Grantor shall notify the Grantee in writing at least thirty (30) days before conveying the Premises,or any part thereof or interest therein (including a leasehold interest or option). The Grantee shall notify the Grantor in writing at least thirty (30) days before it assigns this Conservation Restriction. Any failure by the Grantor or the Grantee to provide notification as provided for herein shall not invalidate or extinguish this Conservation Restriction or limit its enforceability in any way. VII.EXTINGUISHMENT A. The Grantee's Receipt of Property and Development Rights. The Grantor and the Grantee agree that the donation of this Conservation Restriction gives rise to a property right, immediately vested in the Grantee. B. Termination only by Judicial Proceeding. If circumstances arise in the future such as render the purpose of this Conservation Restriction impossible to accomplish,this Restriction can only be terminated or extinguished,whether in whole or in part,by judicial proceedings in a court of competent jurisdiction under applicable law after review and approval by the Secretary of the Massachusetts Department of Energy and Environmental Affairs and subject to the requirements of Article 97 of the Massachusetts Constitution and the Community Preservation Act. 13 C. Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain,or if all or any part of this Conservation Restriction is otherwise extinguished by act of public authority then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds,and the remaining proceeds shall be distributed between the Grantor and the Grantee,after complying with the requirements of any gift,grant,or funding,including the Community Preservation Act,in accordance with the then proportionate value of the interest extinguished. D. Continuing Trust after Disposition of Conservation Restriction. The Grantor and Grantee shall use their share of any proceeds received in a manner consistent with the Community Preservation Act and the purposes and values of this Conservation Restriction. VIII.BINDING EFFECT; INTERPRETATION A. Running of the Benefit. The benefits of this Conservation Restriction shall run to the Grantee,shall be deemed to be in gross and the Grantee and its successors and assigns shall have the right,with prior notice to and consent of the Grantor which consent cannot be unreasonably withheld,to assign its interests herein,all or a portion of its right, title and interest hereunder to a "Qualified Organization" as defined in Section 170(h)(3) of the Internal Revenue Code provided that such assignee shall also be an eligible donee of a conservation restriction as set forth in Chapter 184, Section 32 of the General Laws of Massachusetts,and provided further that,as a condition of such assignment,the assignee is required to hold this Conservation Restriction and enforce its terms for conservation purposes,and that the provisions of Article 97 of the Massachusetts Constitution are complied with,if applicable. 14 B. Running of the Burden. The burdens of this Conservation Restriction shall be deemed to run with the Premises in perpetuity,shall be enforceable in perpetuity against the Grantor,its successors or assigns,in title to the Premises,and any person holding any interest therein,by the Grantee. C. Termination of Rights and Obligations. Notwithstanding anything to the contrary contained herein,the rights and obligations under this Conservation Restriction of any party holding any interest in the Premises shall terminate upon transfer of that party's interest in the Premises,except for Liability for acts or omissions occurring prior to any transfer and liability for any transfer in violation of this Conservation Restriction shall survive the transfer.Any new owner may be held responsible for violations existing during their ownership. i D. Prior Encumbrances. This Conservation Restriction shall be in addition to and not in substitution of any other restrictions or easements of record affecting the Premises E. Pre-Existing Rights of the Public. The approval of this Conservation Restriction by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or nonexistence of any pre- existing rights of the public,if any,in and to the Premises. Any pre-existing rights of the public,if any,are not affected by the granting of this Conservation Restriction. F. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction; and the Grantor on behalf of themselves and their successors and assigns appoint the Grantee their attorney-in-fact to execute,acknowledge and deliver any such instruments on their behalf. Without limiting the foregoing,the Grantor and their successors and assigns agree themselves to execute any such instrument upon request. G. Effective Date. This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it,the administrative Approvals required by Section 32 of Chapter 184 of the General Laws have been obtained,and it has been recorded in a timely manner in the appropriate Essex Registry of Deeds. 15 H. Controlling Law. The interpretation of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. I. Liberal Construction: Severability. Any general rule of construction to the contrary notwithstanding,this Conservation Restriction shall be liberally construed in favor of the grant to effect its conservation purposes and the policies and purposes of M.G.L. Chapter 184, Sections 31-33. If any provision of this instrument is found to be ambiguous,an interpretation consistent with the purposes of this Conservation Restriction that would render it valid shall be adopted over any interpretation that would render it invalid. If any provision or condition of this Conservation Restriction or the application thereof to any person or circumstance shall be declared invalid,the remainder of the provisions of this Conservation Restriction shall not be affected thereby. J. Entire Agreement. This instrument sets forth the entire agreement of the parties regarding this Conservation Restriction and supersedes all prior discussions, negotiations,understandings or agreements relating to this Conservation Restriction,all of which are merged herein. K. Non-Merger. The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee.The Grantor agrees that it will not grant,and the Grantee agrees that it will not take title,to any part of the Premises without having first assigned this Conservation Restriction to an eligible non-fee owner if necessary to ensure that merger does not occur and that this CR continues to be enforceable by a non-fee owner. L. Notices. Any notice,demand,request,consent,approval,or other communication that either party desires or is required to give pursuant to this Conservation Restriction is deemed delivered upon written receipt and shall be in writing and delivered by hand,by facsimile or by first class mail and addressed as follows: To Grantor: The Town of North Andover Attn: Conservation Commission 1600 Osgood Street,Building 20,Suite 2-36 16 North Andover,MA 01845 To Grantee: Essex Country Greenbelt Association,Inc. 82 Eastern Avenue Essex,MA 01929 Phone: 978-768-7241 Fax: 978-768-3286 With a copy to: John C.Thomson,Esq. 9 Thoreau Circle Beverly,MA 01915-1342 Phone: 978-922-1130 Fax: 978-922-1590 Or to such other address as is reasonably ascertainable IX.ESTOPPEL CERTIFICATES Upon request by the Grantor,the Grantee shall within thirty (30) days execute and deliver to the Grantor any document requested,including an estoppel certificate,which certifies the Grantor's compliance with any obligation of the Grantor contained in this Conservation Restriction,and which otherwise evidences the status of this Conservation Restriction. Attached hereto and incorporated herein are the following: Signature Pages: Grantor: Town of North Andover Conservation Commission Approval: North Andover Board of Selectmen Grantee: Essex County Greenbelt Association Secretary of the Department of Energy and Environmental Affairs Exhibit A—Sketch Plan and Deed Half-Mile Hill Summit Parcel Exhibit B —Sketch Plan and Deed Sunnyridge Parcel Exhibit C—Sketch Plan Ousler and Deed Parcel Exhibit D—Town Meeting Votes Exhibit E—Sketch Plan Utility Easements REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK. [Signature pages follow] 17 GRANT BY NORTH ANDOVER CONSERVATION COMMISSION We,the undersigned Conservation Commission of the Town of North Andover, Massachusetts,hereby certify that at a public meeting duly held on P' �, / , 2015,the Commission voted to grant the foregoing Conservation Restriction to the Essex County Greenbelt Association,Inc.for the preservation of the natural resources of the Premises and being in the public interest pursuant to Massachusetts General Laws Chapter 184, Section 32. �m COMMONWEALTH OF MASSACHUSETTS Essex,ss. lle,(Ili �1 aq .5 l r°,. ,2015 1A On this 1, day of //01/0 6' F L,2015,before me,the undersigned notary public personally appeared the above named Conservation Commission and acknowledged to me that he/she signed it as an individual voluntarily for its stated purpose. Notary Public i My Commission Expires: °` DONNA M.WEDGE �">, ¢� NOTARY PUBLIC CO MONWEALTHOFMASSACHUSEM My Comm.Expires July'15,2016 `' 18 � , APPROVAL BY NORTH ANDOVER SELECTMEN We, the undersigned Board of Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a public meeting duly held on , 2015, the North Andover Board of Selectmen voted to approve the grant of and the foregoing Conservation Restriction to the Essex County Greenbelt Association for the preservation of the natural resources of the Premises and being in the public interest pursuant to M.G.L., Chapter 184, Section 32 and in compliance with Section 12(a) of M.G.L. Chapter 44B,the Community Preservation Act,so called. North Andover Board of Selectmen COMMONWEALTH OF MASSACHUSETTS Essex,ss. ,2015 On this day of , 2015, before me,the undersigned notary public, personally appeared the above named North Andover Board of Selectmen and acknowledged the foregoing instrument to be his or her free act and deed.. Notary Public My Commission Expires: 19 ACCEPTANCE OF GRANT On this day of ,2015 Essex County Greenbelt Association, Inc. hereby accepts the grant of this Conservation Restriction from the Town of North Andover and agrees to be bound by its terms. Essex County Greenbelt Association,Inc. By: cam" e d Name: Edward O. Becker Title: President Hereunto duly authorized By- Flame: Francis McD. Culver Title: Treasurer Hereunto duly authorized 20 COMMONWEALTH OF MASSACHUSETTS Essex,ss. ,2015 On this day of : `�„a ,2015,before me,the undersigned notary public personally appeared 'Eck L.,o v'A , ��"�. � � ,proved to me through satisfactory evidence of identification,which consisted of Lntc�a i � r/ ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she signed it as an individual voluntarily for 'ts ated purpose. Notary Public A K.J N My Commission xpires: " y Pty COMMONWMTH OF 8 8 My Commission Expires September 7,2018 COMMONWEALTH OF MASSACHUSETTS Essex,ss. ,2015 On this .. day of A-1/ ` ,2015,before me,the undersigned notary public personally appeared ,c'to(.6 eA proved to me through I satisfactory evidence of identification,which consisted of 44ASt °ef,( ,to be l the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she signed it as an individual voluntarily for its stated purpose. r 1 1111; WIN ljji;:J P11 Notaary Pu lic ,&yP My Commission Expires: 1/4 lt6' My Commission Expires September 7,2018 21 APPROVAL BY SECRETARY OF EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned Secretary of the Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts hereby certifies that the foregoing Conservation Restriction from the Town of North Andover to the Essex County Greenbelt Association has been approved in the public interest pursuant to Massachusetts General Laws Chapter 184, Section 32. Date: Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS ,ss. ,2015 On this day of ,2015,before me,the undersigned notary public personally appeared ,proved to me through satisfactory evidence of identification,which consisted of ,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she signed it as an individual voluntarily for its stated purpose. Notary Public My Commission Expires: 22 o`z.as LAKE COCHICEWICK l� ;r a LOT 4-8 TOTAL AREA 29.9 AC., LOCUS MAP SCALE:I'•1500' - Y 6 I^ 3 vrws,xos r L� 'IUTARO Bloll OH'- ��js �o a.� N61166WIOE WT OF N4Y S°•1 _ ss� T3o �n/9A LOT H-Ica, a :t J1..435 S ` F.S � +b.'a. IL'° LOT 9-2 12232 AC, \''• ''.. wi[s 533,676 SF t I�n TOTAL AREA LOT 0.1.8-2 L B-3 _}o M 1.iHls— 1144 11—COO-1 F you rLAN xo.eSZT o<ISB; 14.06 AN '. YxOSFxT ccoo0wlx G44,847.1, A_Op"S_A.)11...fu T.THE ixEwpAS OBTAINFO FROM �$ Z 4W TONN OF WPTH ANOOYER T--A IATFUIT I �S S.IONIlw OISTxitT:x-?I91N6LE FaNRT I e � e v 4.LOTS S-1 ADO BJ TO BE COFYEYEO TO IIBFAi F.6 NAFYE Y. uALEtt AM TO BE[oYAINFD w1TN LOT B-L T9 BECOME -00 H/�,'4 � ti� GgBDIOBreLOT. —EI'--=° j si4B2618SF: _ ._ 1.1 A6_ EASryFwi— NO.ANDOVER PLANNING BOARD APPROVAL UNDER THE SUBDIVISION m CONTROL UW NOT REOUIREO DATE 6 °\AZA L ceN " COMPILED m c PLAN OF LAND CwTIFt THAT THIS PLAN CONTORYS TO THE AWE6 IN ,rEBY HExE6 NORTH ANDOVER, MASS. FOR 06 �� MICHAEL KETTENBACH ° EAT�61LL RL B `�,�° a FOR REGISTRY USE ONLY SCALE:1^.100` NOV 11 92199) �I+s•-- F yz�lpp�/ NtriI,v ROBERT II Dill L LAND SURVEYORS ORS _ CIVIL RIDGE ERS OWELL SUAV ISSO OSGOOD STREET 418 BRIDGE ST.LOWELL,MA.01830 ' 1 FIIBLIC-ISII STATE Hll—AY LAYOUT I a as L�--�+ 10792 '.. Hay 8K 8915 PG 200 QUITCLAIM-DIEED Michael L, Kettenbach, of North Andover, MasstachusaLs, in consideration of $2,650,000 paid, pursuant to Article 18 of the 2004 North Andover Annual Town Meeting, hereby grants to The Inhabitonts of the Town of North Andover, a Massachusetts municipal corporation with a P-nncipal place of business at Town Hall, 120 Main Street, NpTth Andover, Massachusetts 01845,Attention Mark Rees,Town Manager,with quitt,141M covenants,a parcel of land on Osgood Street in said North Andover containing 29.9 acres, iriorc or less, and shown as Lot 4-B on a plan entitled"'COMPILED' PLAN OF LAND IN NORTH.ANDOVER,MASS. FOR MICHAEL KETTENBACH" by Robert K 011 & Associates, Inc., dated Novem or' 8,Y9 1-992,Revised July 19, 1993,recorded in the Essex North District Registry of Deeds as Plg� :NO, 12491. Said promises are to be hold in the management and control of the North A-n;d6'vcr-, Conservation Corunission pursuant to Massachusetts General Laws,Chapter 40, Section 9C.' Said, promises are hereby conveyed subject to and with the benefit of all matter's of record. For my title sev the following deeds ftorn: George M. Naylor and Shelley D. Vincent, Trustees dated-Decernbcr30, 1986, recorded with said Deeds in Book 2400 at Page 310; Samuel Stevens Rogers dated Doce m- ber 30, 1986, moorded•with said Deeds in Book 2400 at Page 3330; Samuel Stevens Rogers dated April 24, 2000, recorded with said Doods in Book 5768 at Page 222; Samuel Abbot Cording-ley et ali dated April 24, 2000, recoded with said Deeds in Book 5768 at Page 228;and Albe rt F. Cullen, Jr. and M-aeve M, Cullen in Book 576.8 at Page 244, dated June 5, 2-000 recorded with said Deeds Wit-pess the execution hereof under seat this 24th clay of June, 2004 but effective as of July 7,2004. �y COMMONWEALTH OF MASSACHUSETTS Middlesex,ss: .Tune 24,2004 On this 24th day of June, 20t?4, before me, the undersigned notary public, personally appeared Michael L. Kettonbacb,who is personally known to one to be the person whose name is sued on the aforesaid dced,and acknowledged to me that he signed the teed voluntarily for its stated purpose. Not ry ie: m�rawar:a�t Cfl�NAtti#:Gi1�fiA�TaLA.FtUItB� @.9Y CAi�4i&141t�:�J£R�FR�S AUGU6'`�'S;:2408 adexhi•qutcim3l.Coc '. '. LAKE COCHICEWICK Ywry LOT 4-11 FOTAL AAEL f9.D A0.1 LOGU$MAP DOALE a 1•r iD00' Z � Y n a ��FAY�RI.IRIGr tax: iYUpiil<Aelr7 I '$p�,i1 ex4rAOa�I �1. } tYJ ••�, WTb wAY ' / 1 JISnP .. WO TOT. Lit'Jt'00'Y bO�OjbO iJODf. r fq�x +stet I�y'�Ig LOT .T�l D1,4D5 IP.t I�d ,tlfAT f.f YAtYC Y,CLItCY l� �a}♦�yq4 -�.�RUtlate Uitf fO �� ♦K. s03 LOT 0.2 IezDS AGt YJTTC ADD,ga sP a & ' I I.TW4 tUM vAJ WYPIro rAOY nfN 10..3ZJ OF Iiu TOTAL kAEA L.0 bi,U•2,D•D IUJ.O81[0 ifo f�}IOrf itttlel NS LAF ALTMn01�p iii C41A47 BP.f TM iMD O t,i�TOkY Of YOAtII plJl'GATOVFII 1yA1EAi1 EAtltlOtMA1CT �a "' 3.TOYOi0 I4YRItT r R•t".'t FAYItY 1 aD L 1pp}T10.1 E.il Tn aR WWLr 010 A1[[RTF.t WfYt Ctlt Y)itl LL LDWOYD YIN COT 1•f TO IFCOWF fls•JrT_T•f -,Pf,�h J yA� 1O MIO oRe�o'helxa to. L; i„sxc•+%,r�-t 13%!P�—�'..•-._.... _ � 'p D ��x4�lAY 1C 1F Y Y • Kt4.f�4N 2GJ.)i• ., xlt'I•.�..1J'w OIOOy� L fyC N0.ANDOVER PLANNING BOARD 1,109Ah"fa 10 la"'a won DATE:f� Ir 'I ) L•\7 •�L� „)OYp`eo0=)tCb MAY COMPILED PLAN OF LAND A af IY CfAtiFr IfUY 114t KAW GOYfORWt TO ii¢RLLFI IN it a[61ItAT OF OR01,• n NORTH ANDOVER, MASS. 1I FOR "1 a MICHAEL KETTEN13ACH FOR AED)DTAYUYE OM•Y 7P�1 scaLE:r.ioo- /0 s`IDS ll ^I� Yp�G MT It.4.3 L'I41OL�£N9.EEp9 i 4ANp SIIpYEYCAe /� f� ~rrr'I ty[!+(-r 4180AIDGEDT.LOWELL,WA.OIDDO OSGOOD STREET I IOlFIC-4Y 9TliL W GHfAY lfYOWT 1 7�yg r{ EXHIBIT"A" PROPERTY DESCRIPTION Parcel of land containing approximately 30 acres, and shown as Lot 4-13 i on a plan entitled"Compiled Plan of Land in North Andover,Mass. for Michael L.Kettenbach,"by Robert M. Gill &,Associates,Inc.,dated November 8, 1992,Revised July 19, 1993,recorded in the Essex North District Registry of Deeds as Plan No. 12491, together with all easements and rights appurtenant thereto as described herein,including the trees standing thereon,but excluding any buildings or structures standing thereon or affixed thereto,and excluding any and all easements for public utilities and excluding any and all easements for public highways and public travel in and to any and all streets and public ways included within and/or contiguous or adjacent to said area. Said Premises have the benefit of the following appurtenant rights: Easement set forth in Deed from Samuel Stevens Rogers to the Trustees of Boston University dated December 26, 1952,recorded in Boole 771,Page 178. Easements and Restrictions contained in Deed from George M. Naylor, et al,, Trustees, to Michael L.Kettenbach dated December 30, 1963 and recorded in Boob 2400, Page 310. Easements as set forth in Deed from Samuel Stevens Rogers to Michael L. Kettenbach dated December 30, 1963 and recorded in Book 2400,Page 330. Easement set forth in Deed of portion of Lot 4B with reservation of rights fi•om Samuel Stevens Rogers to Michael L. Kettenbach dated April 24,2000 recorded in Boors 5768,Page 222. Easement set forth in Deed of portion of Lot 413 with reservation of rights from the"Charles Heirs"to Michael L. Kettenbach dated April 24,2000 recorded in Book 5768,Page 228. 9 Easement set forth in Deed of portion of Lot 4B with reservation of lights from Albert F. Cullen, et al.to Michael L.Kettenbach dated April 24,2000 in Book 5768,Page 244. License Agreement to use existing driveway dated April 24;2000 recorded in Book 5768,Page 281. Easement and Release of Easement between Michael L.Kettenbach and the Charles Heirs dated April 24,2000 recorded in Book 5768,Page 302, Easement Agreement concerning possible subdivision road dated April 24, 2000 recorded in Book 5768,Page 339. Said premises are subject to the following encumbrances and rights of others,which are not a part of the interests taken or acquired by the Inhabitants of the Town of North Andover Rights of others entitled to use the 16' foot wide right of way shown on Plan No.910 as set forth in a deed from Lucy A. Stevens to Mary F. Stevens, et al. dated February 21, 1933 recorded in Book 569,Page 134, 136 and 137. Taking by the Commonwealth of Massachusetts Department of Public Works for•the layout of Osgood Street as a state highway recorded in Book 559,Page 1,as affected by Release Deed in Book 564,Page 276. Notice of Decision of the Planning Board granting a special permit dated October 24, 1995 recorded in Book 4384,Page 99 relating to frontage on Osgood Street. Easement from Samuel Stevens Rogers to Massachusetts Electric Company and New England Telephone and Telegraph Company dated April 8, 1996, recorded in Book 4497,Page 164, Deed of portion of Lot 4B with reservation of rights from Sarnuel Stevens Rogers to Michael L.Kettenbach April 24,2000 recorded in Book 5768,Page 222. Deed of portion of Lot 4B with reservation of rights from the Trustees of Mary F. Charles 1976 Trust et al (the"Charles Heirs")to Michael L.Kettenbach dated April.24,2000 recorded in Book 5768,Page 228. Deed of portion of Lot 4B with reservation of lights from Albert E. Cullen et al to Michael L. Kettenbach recorded dated April 24,2000 in Book 5768,Page 244. 10 Terms and provisions of License Agreement to use existing driveway dated April 24,2000 recorded in Book 5768,Page 2.81. and the Charles Heirs dated April 24,2000 recorded in Book Terms and provisions of Easement and Release of Basement between Michael L. Kettenbach 5768,.Page 302. Basements and Restrictions contained in Deed from George M.Naylor,et al., Trustees,to Michael L. Kettenbach dated December 30, 1486 and recorded in Book 2400,Page 310. Basements and Restrictions as set forth in Deed from Samuel Stevens Rogers to Michael L.Kettenbach dated December 30, 1986 and recorded in Book 2400, Page 3301. Grant of Easement from Michael L.Kettenbach and the Charles Heirs to Albert F. Cullen, Jr., et ux recorded in Book 5768,Page 319. Easement Agreement concerning possible subdivision road dated April 24, 2000 recorded in Book 5768,Page 339. Easement in favor of the City of Lawrence to maintain an Aircraft Navigator Hazard Beacon and underground cables or wires as set forth in easement from the Trustees of Boston University et al dated September 27, 1956 and,recorded in Book 843,Page 148 and in Easement from Caroline S. Rogers recorded in Book 843,Page 150. 11 A C c XOT&S FEND 5 w�91�3yy s t. SEE PLAN RECORDED E.w.D.R.D.AS PLAN ON-@ DEED rzECORDEO IN CBA CdJTiG0005 BUILDABLE_AREA �'1sf To�M a'ItATH OrvD°�t ip 800E 1564.PAGE}265.SITE IS SHOtWJ ON TOVM OF NO_ANDOVEF (TIp.J T1PiCAL a'2i•f— Fl,o ASSESSORS MAP 115 LOT 132. 0. OAK TREE I Ip g 2. OIW.'ER OF RECORD AT TIME OF APPUCATION IS ALBERT F.CULLEN JR.AND S. SHRUBS 1 FND AA MAEVE M.CULLEN,605 OSGOOD ST.NO.ANDOVER.MA. B. -ON TREE �I 3. ZONE DISTRICT:R-Z P. PINE TREE 4. LOCATION OF VAlITES SHOWN FROM EXISRNG PLANS&RECORDS. M. MAPLE I x EAY)0Pi i0'f ' —W— WATERMAIN AIN 1 1 4 µq RFAfDy —i— TELEPHONE SEfiWCE 1 1 GAS MAW I I 4 —E— EIECTitlC SERVICE O SB. STONE BOVND i l ®D.H. DRU HOLE I o.P. IRON%PE 11 I FOR REMIPY IJSE OI.R. IRON R00 1 1 { Exhibit B Sketch Plan Sunnyridge Parcel W FD. °WO�OpTM D LWG 1 II E I I �#Wac 4 1 II 1 I1 q d 11 9 \ 4 Ilil'I 11 6 I ^�' I s I I msm Ra,m WA aa. mw ah "'ems—mwe--m—low �I r �I . Y t-n4w♦' w O+9Y sT 1 I h Ys I a �� f M-�p•�$ �/ ;$ 'I I 3E ftu,iG aFO / I IR I €JA➢Ril.PUaa / I � I I SET }Y• � — � 1 i -/- I I ac ewe pc.��--- 1 i i '•dm�`�' ., _ w• q' ry acaa a k mr ��y � N s�s f `amp° ' :. s•+arri x i I / V I I / ; C TTRRCL LLAAEMRNONO REE� sxa�' II TOWN OF NORTH ANDOVER i7f; 3Tn PLANNING BOARD NO� W VER HA N/E I PAY RPPZrk11FS = 27WT FOR PUBLIC LAM 11 aa15:E N/E 1 ; 'I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED y3 I b. IN ACCORDANCE 1WTN THE RULES AND REGULATIONS M=y p ag 290 NA I `;VQ OF THE RECD DEEDS OF THE COMMONWEALTN �e IDi I I OF MASSAfJ,'{�J$[}'f,\ 9'.ALi t•>•nR+' g Ftiuq. "THE PLANANNG BOARDS ENDORSEMENT OF THE PLAN o �' t• 18tl M '0 AS NOT REOW%NG APPROVAL UNDER iH£SIFBp1VT5WN J I �� L}___________ j 5 CONTROL LAW 5 NOT A DETERMWAT"T AS TO I t 1900 STEPHEN E.5 I,R.L.S. DATE Z—G BYLAW AND AND REGUL�ONS.TM ANDOVER .2 otp QUITCLAIM DEED ' We,The Trust for Public Land,a California not-for-profit organization with a business address of 33 iJniori Street,Poston,MA 02108 ;1-,r-r 4,1 WZ U r consideration of One M90 Thousand Dollars J (51 899:60)paid,pursuant to Article 1'of the March 2,2006 North Andover Special Town Meeting,hereby grant to The Inhabitants of the Town of North Andover,a Massachusetts municipal corporation,with a principal place of business at Town Hall, 120 Main Street,North.Andover,Massachusetts 01 845,Attention Mary Rees,Town Manager, a parcel of land on Osgood Street in said North Andover containing 10.3 acres,more or less,and shown as Lot C on"flan of Land in North Andover,prepared for The Trost for Public Land dated May 30,2006 recorded with Essex North Registry of Deeds on October 26,2005 as Plan#15556 of 2006,to which plan reference is made for a more particular description. Said premises are to be held in the management and control of the North Andover Conservation Commission pursuant to Massachusetts General Laws, Chapter 40, Section 8C. �etv.-A 401 The Trust for Publlc land 33 Union Street,4th Ftoor,Boston,MA 02148 Attn:Dorothy Nelson Stookey r ` 1 , For our title,see deed of Albert F,Cullen,Jr. and•Maeve M.Cullen recorded with said Deeds in Book 10212,Page 253.. Witness the execution hereof under seal this day,of November 2006. The Trust for Public hand By: Dorothy e son Stookey Title:Regional Counsel. COMMONWEALTH OF MASSACHUSETTS Suffolk,ss: On this day of November 2006,before me,the undersigned notary public, personally appeared Dorothy Nelson Stookey,Regional Counsel,proven tome through - satisfactory identification,which was a personal knowledge,to be the person whose name is signed on the aforesaid deed on behalf of The Trust for Public Land,and acknowledged to me that she signed the deed voluntarily for its stated purpose: otary Public Brenda E.MaaKlnnon Notary Aubllo r 10(mnnweanh of Massaahusens MV commission f xpiroa. Aly 26,20D/ u;%d0r0dtY\auUw\Iownaaftwk 4di167.doe APPROVAL BY NORTH ANDOVER CONSERVATION COMMISSION We, the undersigned Conservation Commission of the Town of North Andover, Massachusetts, pursuant to Massachusetts General Laws Chapter 40, Section 8C approve the foregoing conveyance to said Town. By;Conservation Commnission COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX On this 1&4 day of Alm.-mb 2006,before rrxe,the undersigned notary public, personally appeared �/ proved o e thr�isfa�y evidence of identification,which was Cmy personal knowledge of said person or driver's license],to be the person whose name is signed on the preceding or attached document,and acknowledged to me that she/he signed it voluntarily for its stated purpose as sa,�kL .rt✓l r� of the Town of North Andover, name of notary) Notary Public My commission expires; 1 7:1�A��mCemn�M c^dosoma.11erneko�+tocalwltempldnd to IOJ ocra.doc APPROVAL BY THE TOWN OF NORTH ANDOVER. BOARD OF SELECTMEN We, the undersigned Board of Selectmen of the Town of North Andover, Massachusetts, pursuant to Massachusetts General Laws Chapter 40,Section 8C approve the foregoing conveyance to said Town. By:Boar fSelectmen COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESS$X On this day of 2 06,bef re me,the undersigned notary public, personall appeared !� proved tqethrough satisfact ry o lev idenee of identification,which was[my personal knowledge of said person or driver's license],to be the' person whose name is signed on the preceding or attached document, Qnd acknowledged to me that she/he sighed it voluntarily for its stated purpose as ekletl of The Town of North Andover. — (Warne of not } Notary Public My commission expires: 1I�26 h a:doewa lVimckayttoca4�l�cnp�adto 1830amtuc k1 1 $ 1 -,J�}B TC Y K NtttiM AwC�Yn. , �AOC� qu xgS7l�7[ - Y LN � 9i? slreroa•e— s�saY Gr.� C� i� � � � a � ' ��a � �� ka�y�dva.bd�.h yi'�-}'�•° Y` d� �`y��$ � �� gyp 1 1 1 ��yy a I , o i l § i8 I " gyp qq� yyJJ �; M kg ¢¢ t {< �« � •9f 'YC�, I dr{�a�IIYTn.oY�{�}� b � 1 A It pq .QSe, .. x EXHIBIT A PROPERTY DESCRIPTION OSGOOD STREET NORTH ANDOVER,MASSACHUSETTS A parcel of land on Osgood Street in said North Andover containing 10.3 acres,more or less, and shown as Lot C on "Plan of Land in North Andover, prepared for The Trust for Public Land dated May 30, 2006 recorded with Essex North Registry of Deeds on October 26, 2006 as Plan #15556 of 2006,to which plan reference is made for a more particular description. Said Premises have the benefit of the following Apput-tenant Rights: Easement sett forth in Deed from Samuel Stevens Rogers to the Trustees of Boston University dated December 26, 1952, recorded with the Essex North District Registry of Deeds in Book 771,Page 178. Easements and restrictions set forth in Deed from Mary F. Charles to Albert F. Cullen, et al, dated July 17, 1982, recorded in Book 1591; Page 167, as affected by (Partial) Release of Easement dated June 5,'2000,recorded in Book 5768,Page 337, Deed of portion of Lot 4B with reservation of rights from Samuel Stevens.Rogers to Michael L. Kettenbach dated April 24,2000 recorded in Book 5768,Page 222. Deed of portion of Lot 413 with reservation of rights from the Trustees of Mary F. Charles 1976 Trust,et al,to Michael L, Kettenbach dated April 24,2000 recorded in Book 5768,Page 228, Deed of portion of Lot 4B with reservation of rights from Albert F. Cullen et al to Michael L. Kettenbach recorded dated April 24,2000 in Book 576&,Page 244, License Agreement to use existing driveway dated April 24,2000 recorded in Book 5768,Page 281. Grant of Easement from Michael L. Kettenbach and the Charles Heirs to Albert F. Cullen, Jr. et ux recorded in Book 5768, Page 319, Easement Agreement concerning possible subdivision road dated April 24, 2000 recorded in Book 5768,Page 339. Utility Easement Agreement by and among Samuel Stevens Rogers, the Trustees of Mary F. Charles 1976 Trust, Edgewood Retirement Community, Inc. and Albert F. Cullen, Jr, et ux, recorded in Book 5769,Page 1. Said premises are subject to the following encumbrances and rights of others,insofar as the same may be in force and applicable: 9 w c. Easement to maintain water pipes as set forth in Deed from the Trustees under the Will of Nathaniel Stevens to the Trustees of Boston University dated December 26, 1952, recorded.in Book 771,Page 178 (Note: Affects Lot C only,) Terms and provisions of License Agreement by and between Trustees under the Will of Abbott Stevens and Albert F. Cullen,et al, dated July 19, 1982,recorded in Book 1591,Pago 159. Easements,only,set forth in Deed from Mary F. Charles to Albert F. Cullen, et al, dated July 17, 1982,recorded in Book 1591, Page 167, as affected by(Parti.al) Release of Easement dated June 5,2000,recorded in Book 5768,337, Notice of Decision of the Planning Board granting a special permit relating to frontage on Osgood Street dated October 24, 1995,recorded in Book 4384,Page 99. Easement from Samuel Stevens Rogers to Massachusetts Electric Company and New England Telephone and Telegraph Company dated April 8, 1996, recorded in Book 4497, Page 164 (Note:Affects Lot C only,) Easements reserved in a Deed from. Samuel Stevens Rogers to Albert F. Cullen, Jr., et al, dated April 24,2000,recorded in Book 5768,Page 265. (Note: Affects Lot C only.) Terms and provisions of License Agreement to use existing driveway dated April 24, 2000, recorded in Book 5768, Page 281. Terms and provisions of Easement and Release of Easements between Michael L. Kettenbach and the Charles Heirs dated April 24,2000,recorded in-Book 5768,Page 302, Easement Agreement concerning possible subdivision road dated April 24, 2000, recorded in Book 5768,Page 339. Terms and provisions of Utility Easement Agreement by and among;Samuel Stevens Rogers,the Trustees of Mary F. Charles 1976 Trust, Edgewood Retirement Community, Inc, and Albert F. Cullen, Jr, et ux,recorded in Book 5769,Page I, Notices of Agricultural and Horticultural Recreational Land dated October 17, 1983,recorded in Book 1753,Page 105, and dated July 12,2000,recorded in Book 5804,Page 64;both as affected by Notice of Assignment of Rights dated January 19, 2006, recorded in Book 9996, Page 114; and both as further affected by Assignment dated January 9, 2006,recorded in Book 9996,Page 117. 10 } TOM!OF NORM ANOOWTR R LLAP 35,LOT-23 A a TOWN OF NQTIN AN004ER UM 3S.L01110 LOCUS PLAN W�y,1 E FOR REaSTRY OF DEEDS USE ONLY SCALE 1'PLAN �TS< WON° uNDW R¢ W rnI Nµa, DATE NaLISITD 42F.""', 9'1 LOT 3 I REGHVED fA E N"H N��R I IMOE N0 BOARD CFRmCA'Ral Ci il$ W OYN.W THIS PLAN AND THAT IX G THE 482.837.S.F. PEC U II HAVE xo H0DGEE,`AN SA',)DEa9w. '.. N/F oouo A HOWE 665 OSGOOD S 5; V�f•I _ r... r� U T AP ss,Lot-28 N N/F WU A CALWEY '.... 661 OSGOOD ST. '.. YM IOq LOT-8 ',.. N/F 7 OSGO D S 5T .n YAP 1100G,LOT9 y g SING LOT 1 THRE TOMI CF NORTH ANDOSER 35,LOT-23 89,004 S.F. .r �,6�T5a J:32 7'2 3 i4 k Ex$nD N/F ONA s DAHER Y' '� OMZIRIO (£NFRAL NOTF_S 653 OSGOOD ST. LLM 100,LOT-10 1. THE FROPERtt LINES SHOWN WERE DETERLLONEO V A=. y?ry$ F¢3D SURVEY CONDUCTED IN OCTODEN,2012 AND FROM PLANS AND DEEDS OF RECaD. 2. ACCONOM TO THE ASSESSORS NAPS NAINTAYRD AT T,IE TOWN OF NWM ANDOVER ASSESSORS OI`FM THE SITE IS DENTm ON Yf➢36,LOT 4. �v oO Afy PRCO LOCAIION: 623 OSCO°D$R FET NORTH ANDOT£R.YA DIM 667 it t; 6 p OWNER OF RECORD: 064700 SWIREET RELLTY—ST. '.. oSo NWM ANODM..SYEAF 01845 ZaWG DISMOT:R-2 RESTOENTAR.2 GIST T 3. NO A IS A P ATE MVEWAY AND IS NOT A PUBLIC ROAD OR WAY. TABLE OF ZONING REaun WHITS-RESIDEHRAI-2(R2) ray T //� DuEN4a1,4 REgNh1ENT FEg LOT 1 W,] LOT 3 ¢,r L O f L LnT AReA(N w)er. 43,x0 6aoN, 1G].s66 em.eJl 160 150.00 508.63 499.94 t IAT FRQNTAOE(Y&.)FT. O? 1 ,586 S.F• WT T WDd ow.) 07 Fr• ,L,o >loo >,ao >,00 SFCRW].1.2/NA2B FROHr YARD 6£IBAaf IR.) 30 WD >M >]0 Ol b R:, sDE TARO 2Taaa(Fr.) 30 >xo >JO >To YH SEreAa % 8 rnnYAl03s anG uP.vm LLiL aF EDGEWoc°RETIREMENT (TSx OF Y9L(AT HSA) )6z R'LOL >]Sx >TSx >JSx 9 575 OSGOOO STREET SEORaI>.1.i xAm IREA .j ore ,°,•FAA N/A N/A N/A N/A av�. p0 m o 55y L•sSSJ !'1.4N REFERENCES T) PLAN$NOWNG A,PASS. N EDSEW000 FPM. N.ER�D 10724 PG 120 MUST AU/W O.YA55.,OMRD BY DAM DE EN NF.N.D.BIL 1399 K.i �Q, ! TRUST D ORD OF ABBOTT X h0ftS,DAM RY OF EA NERD.BIL 1415 P0.520 DEED REGMDW MIN ESSEX Na21N REa$TRY OF NERD.�(.2089 PG 226 DEEDS AS PLAN NO 7801 2) PLAN OF A P `DON OF THE LAND OWED BY THE /RJSTEES U//WW OF=,A NfrL STEVEN$LDCAMD IN EJl xORiH ANDOVER,YISS,' OAIW DECFNEER Ifi, Us, L�18.6' 1952,IMCOFWO MTH SAW DEEDS AS P.W N0.2608. 1 CE!(m!THAT-S PLAN CaVF is R-2200' D ff R NF5"°REaRA N 6 DF NE A[�ERER DEFINITIVE SUBDIVISION REaSIHY OF DFFD$ I NRTNOT CEROFY - CiHA Ad/E S SUTRA1N£OT1ANmC s C OOF F aTHE N 9 A YTD E IETGH AE N PL AN OF LAND ON AND NAPIV, O STREET /L-h•/Ais J, DAM NORTH ANDOVER, MASSACHUSETTS w GRAPHIC SCALE ;j^ OWNER AND APPUCANT: Q SHEET 1'. or 1 /�,r-A,.a _✓ /yaD' O.SGGGD STREET REALTY TRUST V MIG MYENBFR A 3012pT r.SR.L9x0.P.Lt JNOr M.NuGe[NT't,A.,I.L 623 OSCODD STREET,NORTH ANDOYER,W �) ALT'INCIYS NOPt1%R[R if 1011 GA CONSULTANTS, INC.-FJ�N.M.GCNLFRS a StAIE I s 50' 1>fR.V Rf11D,A1EW90R)TWT,W 01830 —818-302-3I9> ek 13284 PS 150 T38849 12-28-2012 a Essex North Registry DEED George W.Ousler,III and Deanna M.Ousler,Trustees of Osgood Street Realty Trust,under Declaration of Trust dated March 23, 2007, a certificate for which is recorded herewith, with a mailing address at 623 Osgood Street,North Andover,Massachusetts,("Grantor")for consideration paid and in full consideration of One Million Three Hundred Thirty Five Thousand Dollars ($1,335,000.00)grants to the Inhabitants of the Town of North Andover,a Massachusetts municipal corporation ("Grantee"), with QUITCLAIM COVENANTS, the real property in North Andover, Essex County,Massachusetts,described as follows: Lot 2 containing 87,120 square feet,more or less,and Lot 3 containing 503,282 square feet, more or less, as shown on "ANR Plan of Land, 623 Osgood Street, North Andover, Massachusetts," dated December 20, 2012, Owner and Applicant: Osgood Street Realty Trust, 623 Osgood Street, North Andover, MA, drawn by GA Consultants, Inc., Newburyport,MA("Plan'). Reserving to the Grantor,its successors and assigns,the fee in the area shown as"Road A t� 32,339 S.F." on the Plan (the "Roadway"); provided however that the Grantor grants to the Grantee, and its successors and assigns a permanent easement to pass and re-pass over the Roadway,for the purpose of access to and egress from Lot 2 and Lot 3. Reserving an easement to the Grantor,its successors and assigns, in,over and under Lot 3 for the purpose of maintenance, repair and replacement of existing underground private water lines,gas lines or any other utilities("Existing Utility Lines'),in such locations as the Existing Utility Lines presently exist and within ten(10) feet to each side of such presently existing location of the said Existing Utility Lines(such area,being twenty feet in width and centered by the Existing Utility Lines, is hereafter referred to as the "Existing Utility Easement Area"),with the right of access over Lot 3 and the right to cut,prune and maintain such Existing Utility Easement Area, as reasonably necessary for maintenance,repair and replacement thereof. For further reference to the location of the Existing Utility Lines see Plan No. 7803 recorded with said Deeds,along with Easement of Lawrence Gas&Electric Company,dated November 12, 1932,and recorded with said Deeds in Book 568,Page 18. Also reserving an easement to the Grantor,its successors and assigns,in an area extending twenty feet from the Roadway, running adjacent to and along the northwesterly border of 100060447;v3) 04 { �. rtitoLA Bk 13284 Pg151 #38849 the Roadway from Osgood Street to Lot 1 (the "Future Utility Easement Area"), for purposes of installing, maintaining, repairing, replacing and relocating underground utility services, including without limitation sewer, water, electric, gas, telephone, cable or any other underground conduits or utilities,it being the intention that any new utilities shall be installed in the Future Utility Easement Area and in the event that the Grantor,its successors or assigns shall seek to abandon the use of any existing utility lines in the said Existing Utility Easement Area,then such utilities shall be relocated to the Future Utility Easement Area. The Grantor and its successors and assigns shall have the obligation to maintain and repair the private water lines and utilities within the Existing Utility Easement Area and the Future Utility Easement Area and which serve Lot 1 as shown on the Plan. Prior to commencing any work in the Existing Utility Easement Area or Future Utility Easement Area, the Grantor shall give prior notice to the Grantee through the Town Engineer within Department of Public Works. The Grantor, its successors and assigns shall undertake to minimize any disturbance and shall restore the condition of the land and landscape following any disturbance thereof. Any work completed or performed by the Grantor in the Existing Utility Easement Area or Future Utility Easement Area shall be completed in accordance with all applicable laws and in accordance with the rules and regulations of the Conservation Commission of the Town of North Andover,to the extent applicable. Further, such easements over the Existing Utility Easement Area and Future Utility Easement Area are reserved subject to the obligation of the Grantor, or its successors in title as the case may be, to defend(but only in the case of any action filed against the Grantee by a third party and not in the case of any action initiated by the Grantee), indemnify and save harmless Grantee and its officers, agents, employees and contractors and the successors and assigns of each of them,from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments or administrative actions (including any and all attorneys' fees and expenses of Grantee), arising or resulting from(1)any act or omission of Grantor and its agents or contractors, and (2) the violation or alleged violation or failure of Grantor and its agents or contractors to comply with any applicable state, federal or local law, regulation, or requirement affecting the Existing Utility Easement Area or Future Utility Easement Area and the work being performed therein. The Grantor shall have the right to defend any such Claims with counsel of its choosing. This conveyance is also subject to and with the benefit of easements,covenants,restrictions and reservations of record, if any, only insofar as the same are now in force and applicable including but not limited to the Declaration of Restrictions of the Grantor recorded herewith. Said real property is hereby conveyed to Grantee to be managed and controlled by the Conservation Commission of the Town of North Andover,Massachusetts for the promotion and development of the natural resources and for the protection of the watershed resources of and in accordance with the Town of North Andover. For title reference see deed recorded at Book 10724,Page 120. 100060447;v3) Bk 13284 Pg152 #38849 WITNESS the execution hereof under seal this Z� day of December,2012. Osgood Street Realty Trust G Ousler,III,Trustee Deanna M.Ousler,Trustee Commonwealth of Massachusetts Essex,ss. On this day of December, 2012, before me, the undersigned notary public, personally appeared George W. Ousler, III and Deanna M. Ousler proved to me through satisfactory evidence of identification, which was MA bkj4 .c Li(,trgtE"s , to be the person whose name is signed on the preceding document in my presence and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public rint name) My commissio xpires: &Lq fe_2a& y BRIAN G.VAUGHAN Notary Public COMMONWEALTH ss MA9 Expire SECTS Ut My Commission Expires July B,2018 (00060447:x2) Bk 13284 Pg153 #38849 ACCEPTANCE BY TOWN OF NORTH ANDOVER BOARD OF SELECTMEN The Town of North Andover,Massachusetts, acting by and through its Board of Selectmen, accepts the foregoing conveyance to said Town. Chairman )K0- Commonwealth , Commonwealth of Massachusetts Essex,ss. December 27,2012 On this 27th day of December,2012,before me,the undersigned notary public,personally d ' ed to me through satisfactory evidence of identification,which tg p ,to be the persons whose names are signed on the preceding document in my Oresence and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public/(print name) My commission expires: �C� k`. yAREEN A.R08ERTSOt4 {` N01 RY PUBUC My Cantu Exp9es D Mk�SACiIUSETTS 15, 1 c\wpZworkWudove1623 ogood sueellderm p i u r 12 ZI 12 dMA(sv e6u 12 26 12)(00W319j40c (00060389;V[115 Bk 13284 Pg154 #38849 ACCEPTANCE BY TOWN OF NORTH ANDOVER CONSERVATION COMMISSION The Town of North Andover, Massachusetts, acting by and through its Conservation Commission, accepts the foregoing conveyance to said Town. Chai Commonwealth of Massachusetts Essex,ss. December 27,2012 XYN On this—Q—day of ecember,2012,before me,the undersigned notary public,personally appeared —I 1L S T N 'hl' me through satisfactory evidence of identification,which was i�N)pCS l 'o person whose name is signed on the preceding document in my presence and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public/(print name) My commission expires: V)Z 2 - j a?i=A1 KAREN k ROBERTSON NOTARY PUBLIC cou�+aewExrs w iiASSACHU$ETIB My Comm.e Dec.,s,MIJ ,:Mvp5tlwn,IctNSndovet6S3 Osgood strealdun p u t I3 21 12 dnA(sv tdits t2 26 t2)(OOOG03tt9).da (00060389;vl)16 Exhi bit D Certified Town Meeting Votes AcH TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9557 E-mail jkqWL tta%�Liiqgff k*qr Lhqpdover.com This is to certify that the following vote was taken at the Dissolved Special Town Meeting for the Town of North Andover held December 5,2005: Article 10. Acquisition of Real Property - Cullen Properly - 605 Osgood Street - Assessors Map 35, Parcel 32. To see if the Town will vote to appropriate Kom the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, for open space acquisition, a sum of money not to exceed $50,000 to be spent under the direction of the Community Preservation Committee for the initial deposit towards the purchase of the Cullen Property, so called, located at 605 Osgood Street,North Andover, Massachusetts, Assessors Map 35, Parcel 32, containing 12.7 acres, more or less and also to authorize the Board of Selectmen to assign the Town's first refusal option to a non-profit conservation organization under such terms and conditions as the Selectmen deem appropriate if the Selectmen determine that such an assignment, rather than the payment of said deposit,is in the best interest of the Town; or to take any other action relative thereto, Petition of the Board of Selectmen Vote Required.- Majority Board of Selectmen: Favorable Action Finance Committee: Favorable action Planning Board: Favorable Action VOTE: MAJORITY VOTE to adopt Article 10 as printed in the warrant with an appropriation of$50,000 from the Community Preservation Fund and to substitute 14.1 acres for 12.7 acres. ATTE$T. A'lVue Copy 25 Town Clerk ORT#j At -rd C U TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 Joyce A.Bradshaw,CMMC Telephone(978)688-9501 Town Clerk Fax (978)688-9556 &rnail This is to certify that the following vote on Article 18 was taken at the Dissolved Annual Town Meeting for the Town of North Andover held May 10, 11 and 17,2004: Article 18. Acguisition of Land — The Land, Open Fields and Woodland on the Shore of Lake Cochichewick Known as the Kettenbach Properly and also "Half Mile Hill Summit". VOTED BY TWO-THIRD VOTE DECLARED BY THE MODERATOR that the Town appropriate$2,650,000 for the acquisition by purchase or eminent domain of a parcel of land of approximately 30 acres of land owned by Michael L, Kettenbach, as described on Assessor's Map 35, Parcels 24, 25, 33, and 34, and Map 36, Parcel 21, to be managed and controlled by the Conservation, Commission of the Town of North Andover in accordance with Chapter 40, Section 8C for conservation and passive recreation purposes, and to meet said appropriation the Treasurer with the approval of the Board of Selectmen is authorized to borrow $2,650,000 in accordance with Massachusetts General Laws Chapters 44 and/or 44B,the Community Preservation Act, or any other enabling authority, and to issue any bonds or notes that may be necessary for that purpose, and that the Town Manager be authorized to file on behalf of the Town of North Andover any and all applications deemed necessary under the Self- Help Act (Chapter 132A, Section 11) or any other applications for funds in any way connected with the scope of this acquisition, and that the Town Manager and the Board of Selectmen and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments,including a permanent deed restriction in accordance with General Laws Chapter 184 and take any other action as may be necessary on behalf of the Town of North Andover to effect said purchase. Recommendations: Board of Selectmen Favorable Action Finance Committee Favorable Action Planning Board Favorable Action VOTED MAY 10,2004 AnEft. AWodopy 26 ,Town�Qkrk � � � � TOWN OF NORTH ANDOVER Or'FICE Or' T14E TOWN CLE RK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS O1#45 i ! Joyce AL Bradshaw,CMMC 1 Town Clerk Fax (978)688-9557 E-mail This is to certify that the following vote was taken at the Dissolved Special Town Meeting for the Town wyNorth Andover held March 2,%0O6: Article 1.-Acguisition of Land and Conservation Restrictign at 605 Osgood Street known as the Cullen Property. VOTED BY TWK»-Tl41e«DS VOTE DE CLAmmm» Bu THE MODE RATORto receive the report of the Community Preservation Committee and to raise and appropriate from the Community Preservation Fund, in ucoOr6uuue with the po0viainmu of Massachusetts General Laws,Chapter 44B $1,490,000.00 for the acquisition by gift,purchase eminent domain,and to authorize the Board of Selectmen to acquire by gift,purchase or eminent dunuuio, the tba interest in approximately 10.6 acres of land and u conservation /ontdobPu in approximately 1.4 acres of land for use as og*m space forest land, now o, formerly owned by Albert B Cullen, Jr. and &Yaove M. Cullen, with uproperYy uddnmm of 605 8mgon6 Street, and shown oxo portion nfthe property on/\uaesspro`Plan 35,Puoo|32, excluding the house,and for expenses related to said acquisition, wbbb imdodoo unou-refbuJoN* deposit in the amount of $50^008.00 payable upon the anmout{uu of poochmma and oa|w agreement for said land and conservation restriction, to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Massachusetts General Laws Chapter 40,Section 8C for npcm space forest land purposes, and to meet said appropriation the Treasurer with the | approval of the Board of Selectmen is authorized to borrow $1,490,000.00 in accordance with MoouacbuuoUm General Lmvm Chapter 44 and/or 44B, the Community Preservation Act orany other enabling authority, and to issue any bonds Vr notes that may be necessary for that purpose, ~a and that the Town Manager be authorized to file oil behalf of the Town of North Andover any and all upy|ioodoum deemed oeoomnu/y tinder the Community Preservation Act, the Self-Help Act (Chapter 132A` Section {l) or any other applications for funds in any way connected with the unupo of this ougu1ubioo, and that the Town Manager and the Board of Selectmen and the Conservation Commission be authorized to *cd8Y into all ugremuoutm and execute any and all instruments, ineluding m permanent deed or conservation restriction in accordance with General Laws Chapter l84 and take any other action ua may be necessary od behalf nf the Town ofNorth Andover to effect said uoqu|adioo, and to ,cauln6 the appropriation ti-_ of $50^000.00 bou the � � Community Preservation Fund made by Article iO at the December 5, 200 Special Town Meeting, | Petition wythe Board of Selectmen Two-thirds C18A Vote Required This is to further murkby that the Board of Selectmen voted at their meeting of �7 �&86 �-0Mw�*�ammmmmm� �wvmrm�e/�ot�� mm /��. 8o��«l�u � February ' '-_-. _-�- � Special Town Meeting. The Finance Committee ud their Meeting oYMarch 24006 voted 6 in favor, 1 wXqpmmmd and % abstentions to pmru8mye the Acquisition of 605 Osgood Street ' ! A True Cop� � 27 p`�� Town Clerk � � � � ............ :Z�lf-e' 71'-77 .1—,tci 1, pptr m y of al ,r I I -'--- _ L-�nJ7..,�' VN w�'�.:, q-J j// A 7// �YAI w'd. J. 12 Cdr I I Yn. t PLAN SHOWING 4, PORTION of- EDGE-wooD FARM NORTH ANE)OVER ,MAGG. OWNED a,( TRUSTEES OF TRUST B Y/w B -r or- 5-revENs ABc SCALE I-Go' OC-C, 19-77 = -410.o'r- 140.35 —————————— — it 60J." CwPRLer C.MAj2nm,Ass CiAres ................ COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building (onservation Health Planning Zoning MEMORANDUM To: Andrew Maylor,Town Manager FROM: Eric Kfoury, Director * IK RE: Affordable Unit Resale DATE: August 24, 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: 3 Harvest Drive Unit 207(Oakridge Village—Maplewood Reserve) 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 Fox 978.688,9542 Web www.townofoorthandover.com M M l� { w AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 25, 2015 Re: Surplus Vehicles-Police Department Attached are requests from Chief Paul Gallagher to surplus vehicles#302,#306 and #311, All vehicles have passed their useful life. Vehicle#311 was also in an accident and is no longer in service. �k a NORTH ANDOVER rvny POLICE Community Partnership-- Office of the Chief of Police Paul J.Gallagher TO: Andrew W. Maylor Town Manager FROM: Paul J.Gallagher Chief of Police DATE: August 6,2015 REF: Request for Declaration of Surplus Item—Police Vehicle#302 and#306 The Police Department requests that the following vehicles be declared a surplus items. Vehicle Number: 302 Vehicle Year: 2012 Vehicle Make: Dodge Vehicle Model: Charger Vehicle Serial Number: 2C3CDXAT4CH221172 Vehicle Number: 306 Vehicle Year: 2012 Vehicle Make: Dodge Vehicle Model: Charger Vehicle Serial Number: 2C3CDXAT9CH304189 Reason for Request: These vehicles have passed their useful life cycle for use as police service vehicles.Vehicle#302 has 134,354 miles and vehicle#306 has 106,098 miles as of August 6,2015. Both have high mileages of hard starting and stopping on city streets and will continue to increase mileage until they are taken out of service.These vehicles will be traded in with the purchase of new vehicles in FY-2016. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-685-0249 4u ,M P" "ym& ,airir y,;f,` NORTH ANDOVER POLICE Community Aar#nership -- � �b N` f AN Office of the Chief of Police Paul J. Gallagher TO: Andrew W. Maylor Town Manager FROM: Paul J.Gallagher Chief of Police DATE: August 6,2015 REF: Request for Declaration of Surplus Item—Police K-9 Vehicle#311 The Police Department requests that the following vehicle be declared a surplus item. Vehicle Number: 311 Vehicle Year: 2006 Vehicle Make: Dodge Vehicle Model: Magnum Vehicle Serial Number: 2D4GV47256H496614 Reason for Request: This vehicle has passed its useful life cycle as a police K-9 service vehicle. The vehicle has been damaged in an accident and is no longer in service. The vehicle mileage is 134,662. The insurance settlement of$2,072.88 has been received and deposited into the Town's General Revenue Account. Due to the age and condition of this vehicle it is the department's decision to not repair the vehicle and suggests this vehicle be used as a trade-in against our 2016 Fiscal Year vehicle purchases. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-685-0249 rw i I t i AGENDA COVER MEMORANDUM j To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 26, 2015 Re: Water/Sewer Abatement Policy Attached is a revised Water/Sewer Abatement Policy. The current policy was adopted by the Board in 2001 and needed to be updated.The entire policy was rewritten to eliminate outdated language, provide a clear procedure for submission and review of requests for abatement, and provide a more reasonable timeline for resolution. Water/Sewer Abatement Policy ro _ U, s f GENERAL STATEMENT OF POLICY Any customer of the North Andover water and/or sewer system may file an abatement request if he/she believes that the amount charged on the utility bill is in error by reason of incorrect reading, miscalculation of a bill, excessive reading, or a water leak as described below. For billing purposes the Town assumes that sewerage use equals water use, unless the meter is a bypass or water only meter. SUBMISSION OF REQUESTS FOR ABATEMENTS Requests for abatements must be submitted in writing to the Division of Public Works, Water Department Supervisor, 384 Osgood Street,North Andover, no later than forty-five (45) days after the issuance date of the bill in dispute. All requests must contain the customer's name, address, bill number, account number and reason for the abatement request. Prior to filing an abatement request, customers are required to have paid all uncontested prior bills including penalties and interest, if applicable, and to pay against each contested billing period the amount equal to the bill prior to the contested billing period(s). No interest, penalties or late charges will accrue on the unpaid portion of contested bills while the request is under review Water leaks. When a customer can demonstrate that a quantity of water billed to the user did not go into the sewerage system due to a water leak, water usage charges will be abated to a lower usage tier and sewer usage charges will be completely abated. The determination as to whether the usage charges should be abated to the lower usage tier shall be based on a comparison of the average monthly rate of usage during the prior eight billing periods. The customer must submit a request in writing as to the cause of the condition, along with a Plumber's Verification form, (Addendum A), signed by a license plumber having personal knowledge of the facts, along with a paid receipt for repair of the leak. Swimming pools, Requests for abatement will be accepted for initial filling of a new swimming pool or complete refilling of a swimming pool due to a replacement of the liner. The customer must submit a receipt of the new liner that states the capacity of the pool and the billing period in which the initial filling or complete refilling occurred. This abatement does not apply to seasonal refilling or topping off. Sewer usage charges will be completely abated based on the capacity of the pool. There will be no abatement for water usage charges. Irrigation s stems. For irrigation systems, the determination as to whether the water usage charges should be abated to the lower usage tier shall be based on a comparison of the average monthly rate of usages during the previous eight seasons. If it is determined an abatement should be granted, the amount above the average usage will be abated to a lower usage tier. To request an abatement, the customer must submit a request in writing, along with a paid receipt for repair of the leak. I t L `Li b A customer's inability to pay a water or sewer bill shall not be grounds for abatement under this policy. i REVIEW OF REQUEST The Water Department Supervisor(hereinafter referred to as "Supervisor") must investigate all abatement requests and issue a determination in writing within twenty (20) days after the date a request for abatement has been received by the Division of Public Works, The Supervisor shall either approve or deny the request. If a determination is not issued within twenty (20) days, the matter shall automatically be referred to the Director of Public Works. If the request is denied, the customer may, within ten (10) days of receipt of the denial, request, in writing, a review by the Director of Public Works (hereinafter referred to as "Director"). If a request for a review by the Director is not received within ten (10) days of receipt of the denial, no further appeal shall be allowed and customer must pay all amounts due immediately. The Director shall issue a determination in writing, within fifteen (15) days after receipt of a request for review of the Supervisor's decision. If the Director confirms the findings of the Supervisor, the customer shall have the right to appeal the decision and request a hearing with the Utility Abatement Review Board. If the Director does not issue a determination within fifteen (15) days, the matter shall automatically be referred to the Utility Abatement Review Board. All requests for appeal must be submitted on the form provided by the Division of Public Works (Addendum B) within ten (10) days from receipt of the decision of the Director. If customer does not request a hearing within ten (10) days of receipt of the Director's decision, no further appeal shall be allowed and customer must pay all amounts due immediately. The Utility Abatement Review Board shall consist of two members of the Board of Selectman and the Director of Finance. The Utility Abatement Review Board will hold a hearing no later than thirty (30) days from receipt of the Request for Appeal and will issue a determination in writing within ten (10) days after the hearing. All decisions shall state the reason for the decision and the amount, if any, of the abatement. Decisions of the Utility Abatement Review Board are final, subject only to such judicial review as may be available under the laws of the Commonwealth of Massachusetts. Customer must pay all amounts due within ten (10) days after receipt of the decision of the Utility Abatement Review Board. If a request for abatement is approved, the customer shall not have the right to appeal the abatement amount, and must pay the remaining amount of the contested bill within ten(10) days from approval. If a request for abatement is approved by either the Supervisor or the Director and the requested abatement amount is in excess of$5,000.00, the Director of Finance must also approve the request. Prior to any abatement amount being approved and any credit being given, the water department shall confirm with the Treasurer/Collector's office that all prior bills have been paid. Addendum A Town of North Andover Abatement Request Plumber's Verification Form I, (Plumber's name) (Trade name if different) (Plumber's Address) have repaired a leak at (Customer's Address) for on (Customer's Name) (Date of repair) I hereby verify that water usage from that leak did not enter the Town's Sewer System. Plumber's Signature License Number Telephone Number This form must be submitted with any request for abatement for sewer usage charges as a result of a water leak. Please return form to: Abatements Department of Public Works 384 Osgood Street North Andover, MA 01845 t i1. u Addendum B Appeal to Utility Abatement Board Town of North Andover Water& Sewer Bill I, of (Your name) (Address) (Account number & Bill number) Service address (if different from above) request the Town of North Andover Utility Abatement Board to review the water/sewer billings for the period I believe the billing should be adjusted because (Please use additional paper if necessary): Amount of Bill requested Adjustment (units or dollars) Please state the requested adjustment you are seeking in either units or dollars. This request is for information only. Customer Signature Date Please attach any other supporting documentation. Please forward to: Director of Finance Town Hall 120 Main Street North Andover, MA 01845 TOWN OF NORTH ANDOVER Policy on the Abatement or Adjustment of Water and Sewer Charges i Adopted by the Board of Selectmen on June 4,2001 i I) GENERAL STATEMENT OF POLICY The cost associated with the operation of the Town's water and sewer services are paid for by user's charges pursuant to an enterprise accounting system. These charges, for the most part, are determined by the amount of the service consumed, i.e., the number of water units used or sewerage treated. Customers are also charged for miscellaneous services such as meter replacements, unplugging pipes, connection fees and other occasional services. Since errors can and do occur in recording and calculating consumption of water and sewer services as well as in the calculation of miscellaneous charges, it is the policy of the town to correct such errors and to make a corresponding adjustment in customers' bills. For billing purposes the Town assumes that sewerage use equals water use. When a customer can demonstrate that a quantity of water billed to the user did not go into the sewerage system, the town will make a reasonable adjustment in the user's bill. This policy establishes a formal appeal process by which a customer can obtain a review of a determination regarding a customer's application for abatement or request for adjustment if the user is not satisfied by a decision by the Director of Public Works or if the user seeks an abatement or adjustment that is not within the power of the Director to grant. II) AUTHORITY FOR THIS POLICY: A) The Town of North Andover Charter, accepted by the voters on March 3, 1986 and effective on October 1, 1986. B) The provisions on Mass. Gen. Laws c.44, Section 53F1/2 Enterprise Funds, adopted in Article 5 of the 1998 Annual Town Meeting to establish Water Enterprise Fund and Article 6 of said Town Meeting to establish a Sewer Enterprise fund. III) FORMS: When required, under this policy, requests for abatements or adjustment must be submitted to the Division of Public Works in writing and the Division will supply forms to be used to provide the information needed to act upon the matter. These forms include the following. They may be revised from time to time. Application for Water and/or Sewer Abatement Request for Adjustment of Water and/or Sewer Bill Appeal to the Utility Abatement Review Board Sewer Abatement Plumber's Verification IV) DEFINITIONS: A) Abatement: A change in an issued utility bill for reasons not attributable to errors made in calculating the utility bill or demonstration of non-use of a service. B) Adjustment: A change in an issued utility bill for reasons attributable to errors made in calculating the utility bill or because it was demonstrated that the service was not used. Q Billing Period: The period of time between one reading of a meter (either actual or estimated) and a second reading of a meter (either actual or estimated) when the difference between the meter readings is used to calculate consumption of a utility service. V) SPECIFIC PROVISIONS: A) Grounds for Abatements: 1) Unexplained excessive reading: If a meter records a volume of water during one billing period that is excessive in relation to the volume of water recorded for the account of the same customer during the eight billing periods for quarterly customers or twenty four billing periods for monthly customers (at a minimum) before the period of the excessive reading, and if the customer demonstrates that there has been no change in the occupant(s)' customary pattern of usage, and if the excessive volume result in application of a second (or third) tier billing rate, Then, upon receipt of a written abatement request, the Division of Public Works will investigate the abatement request. If the Director of Public Works finds that the above conditions exist, any volume billed at the second (or third) tier during the billing period will be re-computed so that the water and sewer usage charges will be billed at the first tier rate. In determining whether the volume of water recorded is excessive, the Director will compare the average monthly rate of usage during the relevant billing period with the average monthly usage rate during the prior eight billing periods for quarterly customers and twenty four billing periods for monthly customers (at a minimum). The decision of the Director whether the volume recorded is unexplained and whether it is excessive may be appealed by the customer to the Utility Abatement Review Board. B) Grounds for adjustments: 1) Billing errors that entitle a customer to an adjusted bill. 2) Reporting of the actual meter reading is incorrect. 3) Recording on the inside and outside meters is different. The inside meter shall take precedence. 4) Estimated bill is higher than bill based on meter reading. 5) Customer's premises were not connected to the system during the billing period. 6) An error or miscalculation in a bill for miscellaneous services. 7) Sewer charges will be adjusted to correct for: a) Major water leaks that result in a volume of water not entering the sewer system. The customer must submit a Sewer Abatement Plumbers Verification form as to the cause of the condition, signed by a license plumber having personal knowledge of the facts. b) Initial filling or complete re-filling of water in a swimming pool. The customer must submit a statement in writing as to the capacity of the pool and the billing period in which the initial filling occurred. An application for this adjustment must be made within 30 days after the mailing by the Division of the bill on which the charge is made. This adjustment does not apply to seasonal refilling or topping off. C) Abatement and adjustments for reasons other than those stated in this policy: Applications for abatement or requests for adjustments for reasons other than those stated in this policy must be made in writing directly to the Utility Abatement Review Board, which will determine the validity of the request and the amount of any abatement or adjustment. A customer's inability to pay a water or sewer bill shall not be grounds for abatement under this policy. The Utility Abatement Review Board will maintain a file of all such requests, including the written request,the results of any investigation, the action taken and the reasons therefore including a specific statement why the abatement or adjustment was granted on grounds other than those stated in this policy. The file shall be subject to the Public Records Law. VI) SUBMISSION OF APPLICATIONS FOR ABATEMENTS AND REQUESTS FOR ADJUSTMENTS: Applications for abatements and requests for adjustments must be submitted within 12 months after the end of the billing period for which an abatement or adjustment is sought. No retroactive adjustments will be made for billing periods ending more than 12 months before the request was submitted. No application for abatement or adjustment will be accepted on any account unless all amounts due on that account, including interest and penalties, for all billing periods prior to the payment period covered by the abatement or adjustment application have been paid in full. Applications for abatement and requests for adjustment that are on file at the time of adoption of this policy will be governed by this policy. Such pending applications or requests will be eligible for favorable action for all billing periods to which they relate. VII) PROCEDURE FOR SUBMISSION OF APPLICATIONS FOR ABATEMENT, REQUESTS FOR ADJUSTMENTS AND APPEALS TO THE UTILITY ABATEMENT REVIEW BOARD: A) Administrative Review and Action (Step 1) Customers seeking abatements or requesting adjustments must contact, either orally or in writing, the Division of Public Works. They will be directed to an employee who has been designated by the Public Works Director to process abatement applications and requests for adjustments (hereinafter the "Review Officer"). If the customer has not submitted in writing a completed Application for Water and Sewer Abatement or Request for Adjustment, and if the Review Officer thinks that such a formal application or request will be useful in reaching a decision on the matter, the Review Officer undertakes no responsibility for the correctness or the completeness of the application or request except with regard to information furnished from the records of the Division on the date they are completed and filed. Upon receipt of the abatement or adjustment request, the Review Officer shall take one of the following actions: If the Review Officer determines that a billing adjustment with the amount of$5,000 or less as provided in Section V.B. of this policy is necessary, the Review Officer will approve the adjustment and prepare a bill consistent with the adjustment. The Review Officer shall comply with the record keeping requirements detailed in Section VIII of this policy. If the amount of the adjustment is in excess of$5,000, the Review Officer shall submit the request directly to the Utility Abatement Review Board as provided under step 2 of the review process. If the Review Officer determines that an abatement or adjustment as provided in Section V,A of this policy is required, the Review Officer will forward the abatement or adjustment request to the Director of Public Works as provided under Step 2 of the Review process. The Review Officer will endeavor to respond promptly to abatement applications and requests for adjustment and must do so within 30 days after the date a completed application or request has been received by Department, unless both parties agree to an extension in writing. All abatement applications or requests for adjustment that are not resolved by the Review Officer, or are not finally acted upon within 30 days after submission of a completed application request, will be transferred promptly by the Review Officer to the Director of Public Works for review. The Review Officer may refer any application or request, and customers may have their applications or request referred, to the Director of Public Works or the Utility Abatement Review Board for initial action within the 30 days. The Division shall promptly notify each customer whose application has been referred to the Director of Public Works and shall provide a copy of this policy to such customer. B) Director of Public Works Review: (Step 2) Customers who have not completed an Application for Abatement or Request for Adjustment in Step 1 must do so and submit it to the Director of Public Works. The Division of Public Works will, on request, assist the customer in completing the application. By so doing, the Division undertakes no responsibility for the correctness or the completeness of the application except with regard to information furnished from the records of the Division of Public Works. The Director of Public Works, will, within 30 days after receipt of an Application for Abatement or Request for Adjustment, including recommendations from the Review Officer, decide whether to grant or approve the requested relief. Said decision shall be in writing and include the reasons therefore. If the Director of Public Works does not make a decision within 30 days after receipt of the Application for Abatement or Request for Adjustment in Step 2, the time for action will automatically extended for an additional 30 days unless the customer requests in writing that the matter be referred to the Utility Abatement Review Board. If the Director of Public Works has not made a decision within the extended time,the abatement or request will be deemed granted subject only to arithmetic verification by the Division. The Director of Public Works shall be authorized only to decide applications for abatement or request for adjustments in the amounts not to exceed $5,000. For amounts greater than $5,000, the Director of Public Works shall submit a written recommendation to the Utility Abatement Review Board for approval. C) Utility Abatement Review Board (Step 3) The Utility Abatement Review Board will hear appeals from Step 1 and 2 under conditions stated in this policy, review abatement or adjustment decisions in excess of $5,000 and will also act upon abatement applications and requests for adjustments that are not covered by other provisions of this policy. The Utility Abatement Review Board shall consist of: -One Selectman selected by the full Board, -The Director of Finance and Administration, or at his option, the Town Accountant, -A resident of North Andover appointed by the Board of Selectmen for a term of two years. If the resident member shall be unavailable to hear a matter or shall be disqualified by conflict or other reason, a special alternate member shall be similarly appointed. Failure to submit the request for appeal from a determination of the Director of Public Works within 30 days of receipt of the Director's decision shall result in the customer's appeal rights being nullified. The Utility Abatement Review Board will hear the customer and a representative of the Division of Public Works and their witnesses, if any, and will receive such documentary evidence as it deems relevant to the matter before it. The Utility Abatement Review Board will keep a record of its proceedings. Its proceedings and records are subject to Open Meeting and Public Records laws of the Commonwealth as well as any requirements set forth in the Town's by-laws for all boards and committees. The Utility Abatement Review Board will decide any action or appeal under Step 1 or 2 within 60 days after receipt of the appeal or recommendation from the Director of Public Works, unless the customer and the Utility Abatement Review Board both agree in writing during said 60 days to an extension to a specific date. Unless such an agreement has been made, if the Utility Abatement Review Board fails to make a determination and notify the customer thereof within 60 days after receipt of an action or appeal, the abatement or adjustment will be automatically granted subject only to arithmetic verification by the Division. All decisions will be in writing, will state the reasons for the decision and the amount, if any, of the abatement or adjustment. Decisions of the Utility Abatement Review Board are final, subject only to such judicial review as may be available under the laws of the Commonwealth of Massachusetts. VIII) RECORD KEEPING: The Division of Public Works will maintain a log of all abatement applications and requests for adjustment, whether oral or in writing, that shall include the customer's name, account number, the reason for the abatement or adjustment and its resolution. Copies of this log shall be distributed each month to the Board of Selectmen and the Town Manager, The Division of Public Works will also maintain a file of all applications for abatement, which shall include the written application, the results of any investigation, the action taken and the reasons therefore. The file shall be subject to the Public Records Law. IX) PARTIAL PAYMENT OF CONTESTED BILLS, ACCRUAL AND REMISSION OF INTEREST AND PENALTIES: Customers who file abatement applications or requests for adjustments are required to have paid all uncontested prior bills including penalties and interest, if applicable and to pay against each contested billing period an amount no larger than the bill prior to the contested billing period(s). No interest,penalties or late charges will accrue on the unpaid portion of contested bills while the application or request is under review. Should all or part of an abatement application or adjustment request be granted, any reimbursement to the customer, at the customer's option, will be credited against future bills or refunded. Any interest, penalties or late charges accrued or paid on any amounts abated or adjusted will be remitted. Should all or part of an abatement application or adjustment request be denied, the customer must pay any amounts due to the town within 30 days after the final decision is received by the customer. Any amounts not so paid will accrue interest, late charges and penalties commencing on the date the payment to the Town is due. X) METHOD OF GIVING NOTICE: The Division of Public Works will transmit all written communications permitted or required to be given under this policy by registered or certified U.S. Mail, return receipt requested, directed to the billing address of the customer unless the customer has notified the Division of Public Works in writing of a different address. For the purpose of the time limitation in this policy, the date of the post mark on communications directed to or from the Division of Public Works and for communications delivered by hand to the Division of Public Works the date of receipt, shown by the date stamp of the Division of Public Works will be conclusive. Number Application for Abatement or Adjustment Town of North Andover Water & Sewer Bill I, of (Your name) (Address) (Account number & Bill Number) (Service address if different) for the billing period request the following: (please check the type of adjustment/abatement) A ❑ Abatement for unexplained excessive recording. B ❑ Adjustment for billing errors. C ❑ Adjustment for incorrect actual meter reading. D ❑ Adjustment for difference between the inside and outside meters. (The inside meter shall take precedence) E ❑ Adjustment for over estimated bill. F ❑ Adjustment for discontinued service. G ❑ Adjustment for error or miscalculation in a bill for miscellaneous services. Adjustment for Sewer charges for: H ❑ Major water leaks that result in a volume of water not entering the sewer system. • The customer must submit a Sewer Abatement Plumbers Verification form as to the cause of the condition, signed by a licensed plumber having personal knowledge of the facts. I ❑ Initial filling or complete re-filling of water in a swimming pool. • The customer must submit a statement in writing as to the capacity of the pool and the billing period in which the initial filling occurred. • An application for this adjustment must be made within 30 days after the mailing by the Division of the bill on which the charge is made. This adjustment does not apply to seasonal refilling or topping off. J ❑ Abatement/adjustment for the following reasons: (Please state) Other information to support this application (Please attach additional sheets if necessary) Amount of bill requested Adjustment (units or dollars) Please state the requested adjustment you are seeking in either units or dollars. This request is for information only. Customer Signature Date Please attach any other supporting documentation. Please attach Sewer Abatement Plumber Verification To be completed by Division of Public Works: I have reviewed Bill number . The following are my finding and recommendations: Based on these findings, Bill number: Has been abated $ for Is hereby transferred to the Director of Public Works for review under Section V.A or V.C. of the Town of North Andover Policy on Abatement or Adjustment of Water and Sewer Charges. Signature of Review Officer Date Application for Abatement or Adjustment Town of North Andover Water& Sewer Bill Director of Public Works Review i After reviewing the facts concerning the application for abatement/adjustment of (customer name) ❑ I authorize to be abated from bill number for the following reason: For the amount of$ ❑ Your application for abatement/adjustment has been denied for the following reason: Signature: Date: You have the right to appeal this decision to the Town of North Andover Utility Abatement Review Board. You must submit an Appeal to the Utility Abatement Board within 30 days of the receipt of this Decision. Appeal to Utility Abatement Board Town of North Andover Water& Sewer Bill I, of (Your name) (Address) (Account number & Bill number) Service address (if different from above) request the Town of North Andover Utility Abatement Board to review the water/sewer billings for the period I believe the billing should be adjusted because (Please use additional paper if necessary): Amount of Bill requested Adjustment (units or dollars) Please state the requested adjustment you are seeking in either units or dollars. This request is for information only. Customer Signature Date Please attach any other supporting documentation. Please attach Application for Abatement or Adjustment. Utility Abatement Board Town of North Andover Water & Sewer Bill On a meeting the Utility abatement Board Voted to: ❑ Abate account for the billing period for the following reason: For the amount of$ ❑ Deny the application for abatement of account for the billing period for the following reason: Signed: Town of North Andover Sewer Abatement Plumber Verification I, (Plumber's name) (Trade name if different) (Plumber's Address) have repaired a leak at (Customer's Address) for on (Customer's Name) (Date of repair) I hereby verify that water usage from that leak did not enter the Town's Sewer System. Plumber's Signature License Number Telephone Number This form must be attached to an Application for Abatement or Adjustment of Town of North Andover Water & Sewer Bill with a copy of the Plumber's Bill to receive an adjustment for sewer charges. INTEROFFICE MEMORANDUM DATE: August 25, 2015 TO: Andrew Maylor, Town Manager FROM: Glen Alt, Superintendent WTP Julie Greenwood-Giglio, Assistant Superintendent WTP RE: Rae's Pond Sewer Station Improvements—Permit Fee Waivers CC: Bruce Thibodeau We are requesting that the Board of Selectmen waiver all fees on the above referenced Town Project regarding the Rae Pond Sewer Station Improvements. s i � III AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 28, 2015 Re: Columbia Gas of Massachusetts Request from Columbia Gas of Massachusetts for approval to excavate the following streets to install new gas service 24 Patton Lane 9 Peachtree Lane 15 Peachtree Lane 25 Peachtree Lane 500 Great Pond Road 9 Lincoln Street 224 Summer Street Reviewed by: Police Department Notes: Officer needed at site (standard condition) Public Works Notes: 3 days prior to beginning work, petitioner must notify DPW to mark sewer, water and drain pipe locations. (standard condition) COLUMBIA GAS OF MASSACHUSETTS DIVISION LAWRENCE Board of Selectmen Date: 07/29/2015 North Andover,Massachusetts Columbia Gas of Massachusetts respectfully asks permission to install and maintain gas service pipe from its gas mains to the following locations,and to excavate in the following street for that purpose: Owner Street No. Kristen O'Connell Patton Lane 24 J. O. # 15-3291285-00 Columbia Gas of Massachusetts—Lawrence Division Erich Schlitt Construction Supervisor Gentlemen: Permission is hereby granted the Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested. -:31;11?, 1,, Selectmen, ApWprovd, W, Date gy Three days prior to be rk the petitioner will notify the DPW to mark out sewer, water, and drain pipe'locations. Officer Needed @ Site Chief Of Police Patton Lane Gas Service Installation - i fa Gas of Massad-ilmet-Ls A N1So-ce Company N W E S 4' x 6° x 29 Road N �'(511 -a Cut O �= Z -o r HA K1NS L Legend: l tv N) � Gas Valve CO Closed-Critical ® Closed-Not Critical North Andove.-06 Open-Critical ® Open-Not Critical ^� ^lb ` `,_ (D Unknown value Gas Main by Pressure BHP(>60 psig) MP(<10-60 psig) -�9g� IP(1-10 psig) P-HP _- —LP(<1 psig) _- NP g$$ —All other values �4°�2_PA Unknown Pressure 3 5 7,� = Gas Service ' -Steel _ P -Plastic Cast Iron -Wrought Iron Q _Fittings _ _Other _All other values Historic Map [ TICS ^l i3 aL m ecm 3y tie acp o local a fve Prepared by: Thomas Brides [ ryas chin , at w Date: 07-23-2015 CK s ,p/ to pa BEFORE L[C v< Coordinates: 88 DI ° 1 3 GCS(Lat/Long) in DMS.Datum:WGS84 COLUMBIA GAS OF MASSACHUSETTS LAW"NCE DIVISION Board of Selectmen Date: 08/05/2015 North Andover,Massachusetts Columbia Gas of Massachusetts respectfully asks permission to install and maintain gas service pipe from its gas mains to the following locations,and to excavate in the following street for that purpose: Owner Street No. William McKay Peachtree Lane 9 J. O. # 15-3300371-00 Columbia Gas of Massachusetts—Lawrence Division Erich Schlitt Construction Supervisor Gentlemen: Permission is hereby granted the Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested. pl pr—ov , DPW, Date 1� 1 , By _Three days prior to bef;ia n ng or the petitioner will notify the DPW to mark out sewer, water, and drain p' e'locations. c Peach Tree Lane Gas Service Installation X,a tt e A NiSou=Company t � N W l E _ g 4' x 6' road cut for o tie in 4' x 10' road ,Q cut for trench Legend. Gas Valve Closed-Critical g Closed-Not Critical No ndoVer-120 Essex 0 Open-Critical ® Open-Not Critical ® Unknown value Gas Main by Pressure ' _HP(>60 psig) AMP(<10-60 psig) IP(1-10 psig) F _LP(<1 psig) —All other values Unknown Pressure ff Gas Service -Steel Plastic -- Cast Iron Wrought Iron Fittings Other All other values s�� ®Historic Map cS - 3ps - = Prepared by: Thomas Brides u r . e et _�t v . c n a field Date: 07-28-2015 .. 59 ` e.,vc- r cc a "R' HE 1 1-88E DIG _ 23 0, a tlt _o I Coordinates: v_ a num 8i; GCS Lat/Long) 3 in DMS. Datum:WGS84 COLUMBIA GAS OF MASSACHUSETTS LAWRENCE i Board of Selectmen Date: 08/05/2015 North Andover,Massachusetts Columbia Gas of Massachusetts respectfully asks permission to install and maintain gas service pipe from its gas mains to the following locations,and to excavate in the following street for that purpose: Owner Street No. William McKay Peachtree Lane 15 J. O. # 15-3300381-00 Columbia Gas of Massachusetts—Lawrence Division Erich Schlitt Construction Supervisor Gentlemen: Permission is hereby granted the Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested. .. Selectmen, Approve DPW Date YI—I O L By Three days prior to begi work the petitioner will notify the DPW to mark out sewer, water, and drain pi e1ocations. IS Peach Tree Lane Gas Service Installation G)ai _-,_, =was ;i, . of _ .assaic ; se _£ ANiso.r Company N W E S 4' x 6' road cut for ,o�5 tie in 4' x 10' road Q —C-41 for t r ,Qg Air �PG Legend: Q Gas Valve Closed-Critical ® Closed-Not Critical Nom. Witer-120 Esser # Open-Critical ® Open-Not Critical ® Unknown value Gas Main by Pressure HP(>60 psig) _MP(<10-60 psig) IP(1-10 psig) LP(<1 psig) —All other values Unknown Pressure Gas Service s,. Steel Plastic -.Cast Iron - -Wrought Iron Fittings -Other All other values sT� ®Historic Map c a Uc Pre ared b : Thomas Brides ' any c m of a p Y 1 ac use a e-;ions are at d Date: 107-28-2015 59 e` o mD _ Coordinates: 388 D = 4u , c --�+ - � •, sic-e y _ n�, Cull € _ �i GCS(Lat/Long) in DMS.Datum:WGS84 i I COLUMBIA A S OF MASSACHUSETT LAWRENCE Board of Selectmen Date: 08/05/2015 North Andover,Massachusetts Columbia Gas of Massachusetts respectfully asks permission to install and maintain gas service pipe from its gas mains to the following locations,and to excavate in the following street for that purpose: Owner Street No. William McKay Peachtree Lane 25 J. O. # 15-3300378-00 Columbia Gas of Massachusetts—Lawrence Division Erich Schlitt Construction Supervisor Gentlemen: Permission is hereby granted the Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested. � IT. . 11 �( ° � ��-d Selectmen, el, Dr�W, Date_ By Three days prior to be 'I g work the petitioner will notify the DPW to mark out sewer, water, and drain Ipe1oeations. i� Peach Tree Lane Gas Service Installation Cb u '.- Gas F a sa Fie'_`;_; A NS--Company t N W E S 4' x 6' road cut for tie in 4' x 10' road rQ cut for trench v� mho Q�PG� Legend: ` Gas Valve Closed-Critical ® Closed-Not Critical No _ - set Open-Critical ® Open-Not Critical (9 Unknown value Gas Main by Pressure ' BHP(>60 psi9) MP(<10-60 psig) IP(1-10 psi9) LP(<1 psi9) —All other values Unknown Pressure Gas Service Steel ¢T Plastic - Cast Iron Wrought Iron Fittings _Other All other values ST� ®Historic Map T - u E Prepared by: Thomas Brides e c -£_ a it i' field { Date: 07-28-2015 59 ked ny Coordinates:3 ,, j, GCS(Lat/Lon9) before ycu dig' numb—,;, in DMS.Datum:WGS84 COLUMBIA A S OF MASSACHUSET LAWRENCE S i Board of Selectmen Date: 08/07/2015 North Andover,Massachusetts Columbia Gas of Massachusetts respectfully asks permission to install and maintain gas service pipe from its gas mains to the following locations,and to excavate in the following street for that purpose: Owner Street No. Stephen Kohr Great Pond Road 500 i J. O. # 15-3318971-00 i Columbia Gas of Massachusetts—Lawrence Division Erich Schlitt Construction Supervisor 1 Gentlemen: Permission is hereby granted the Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested. Selectmen Approv , D , date By T'hree days prig to beginn g work the petitioner will notify the DPW to mark out sewer, water, and drain i e1ocations. r 500 Great Pond Road Gas Service Installation IUMN. as 0i massacmiserts,; AMS.—C—m..r s N s W E S. 071 4' x 6' road cut for tie in 4' x 35' road cut for trench f. 633 Legend: Gas Valve ,sy� 0 Closed-Critical North die `-059 g Closed-Not Critical Essex 0 Open-Critical O�- ® Open-Not Critical O� ® Unknown value Gas Main by Pressure P�Q BHP(>60 psig) L f MP(<10-60p)sig) �¢ _IP(1-10 psi g LP(<1 psig) —All other values Unknown Pressure Gas Service Steel �Q e Plastic Cast Iron Wrought Iron (b - _ _Fittings Other All other values ®Historic Map This ma cts only aPrmmunate on tn active Prepared by: Thomas Brides rna�ns and must no,ne used to crnn l .-ma -a5 = e Date: 07-31-2015 cked by h co B OR YOU "ALL Coordinates: 1-888 MG SAFE .1344-72-333), or dial the .at GCS Lat/Lon '( in DMS.Datum:WGS84 COLUMBIA GAS OF MASSACHUSETTS LAWRENCE S i Board of Selectmen Date: 08/11/2015 North Andover,Massachusetts Columbia Gas of Massachusetts respectfully asks permission to install and maintain gas service pipe from its gas mains to the following locations,and to excavate in the following street for that purpose: Owner Street No. Jacquelin Fallon Lincoln Street 9 J. O. # 15-3325870-00 i Columbia Gas of Massachusetts—Lawrence Division Erich Schutt Construction Supervisor i Gentlemen: Permission is hereby granted the Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested. Selectmen, Approved, DPW, Gate By Three days prior to be ' 94gw—ork the petitioner will notify the DPW to mark out sewer, water, and drain pipe'loca 'ons. Lincoln St Gas Service Installation Cbl A ANiSourc Company �, '9�9'L N �t V� S. 4' x 6' road cut tie in 4' x 15' road cut trench ®°17' ., Legend: - Gas Valve 90, Closed-Critical N ,,-, Andover-'0 - __i ® Closed-Not Critical Zssnf_x -- O en-Critical N S_� _ ® Open-Not Critical r, ® Unknown value Gas Main by Pressure HP(>60 psig) --- _MP(<10-60 psig) „ IP(1-10 psig) _LP(<1 psig) 548' 4 'C',-LP _' —All other values -` Unknown Pressure Gas Service _ Steel Plastic -. - Cast Iron Wrought Iron - _Fittings CREGG _ _Other All other values ®Historic Map N T Ic n-p r ,e4. __ ampcXimme loam o, 0,ac, a Prepared by: Thomas Brides ma-r and .j_F rot be used to u_r 'Imz,a Gas of Massac Date: 08-05-2015 8GU F` _ u 3 . all Coordinates: .F ;;.r- e„! GCS(Lat/Long) Fn DMS.Datum:WGS84 I COLUMBIA GAS OF MASSACHUSETTS LAWRENCE Board of Selectmen Date: 08/11/2015 North Andover,Massachusetts Columbia Gas of Massachusetts respectfully asks permission to install and maintain gas service pipe from its gas mains to the following locations,and to excavate in the following street for that purpose: Owner Street No. Pam Stad Summer Street 224 J. O. # 15-3329456-00 Columbia Gas of Massachusetts—Lawrence Division Erich Schlitt Construction Supervisor Gentlemen: Permission is hereby granted the Columbia Gas of Massachusetts to excavate and to install and maintain gas service pipe as requested. , t d�� Selectmen, Approved DP Date . App , �y Three days prior to begi ning work the petitioner will notify the DPW to mark out sewer, water, and drain ' e'l ations. 224 Summer St Gas Service Installation 5^ A NiSwa Company t� T N W �l E r U V �. S E � SPRINGH/LL RD f 4' x 6' road cut tie in 4' x 10' road 17J cut trench Gas to come off Springhill T in �4 29 Legend: 27' Gas Valve t `t Closed-Critical ® Closed-Not Critical Nor n -092 Essex # Open-Critical ® Open-Not Critical h� (9 Unknown value Gas Main by Pressure BHP(>60 psig) 4 _MP(<10-60 psig) IP(1-10 psig) LP(<1 psig) All other values E CJ) Unknown Pressure Gas Service Steel m _Plastic n �3 _Cast Iron (!� r Wrought Iron Fittings _Other _All other values I co W ®Historic Map E` ) NP-CE his map i cts my the aporax matM _ 3 acilive I Prepared by: Thomas Brides ch e _ l e Date: 08-06-2015 checked by the_f OR-E YOU DIG Coordinates: [ 8 ,331 o- dial e u a e vou:o mew .:u r e GCS(Lat/Long) � in DMS.Datum:WGS84 Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 %ORTH 0�,;LAO rb�RrO N6:tt • 6 O Joyce A. Bradshaw,CMMC a p Telephone(978)688-9501 Town Clerk, u FAX(978)688-9557 �SSACHU5�4 MEMORANDUM TO: Richard M. Vaillancourt, Chairman, Licensing Commission Members of the Board of Selectman Andrew Maylor, Town Manager FROM: Joyce A. Bradshaw, Town Clerk DATE: August 25, 2015 SUBJECT: One Day All Alcohol-Merrimack College -Mutka Shah Attached please find application for a One Day All Alcohol request from Mukta Shah of Merrimack College for a Donor/BOT Reception at the Rogers Performing Art Center in the lobby and tent on Wednesday September 17,2015 from 5:OOPM— 10:OOPM. Included are favorable recommendations from the Police Department, Fire Department and Building Inspector. The fee has been paid. Please do not hesitate to contact me if you have any questions or concerns. Thank you. 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_ i Contact Number& Email:Shahn I ERMMA K,EDU 4 .. _._. 978-837-5547 Location of Event: L�1 ✓ll Type of Event: C C, Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 9/17/2015 5PM to 10PM Non Profit Organization Other Than Non Profit Wine&Malt 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 Nor ndover is in no way responsible for the actions of the applicant, Applicant's Signature Date Bwadshaw, Joyce Brown, Gerald Wednesday, August 12, 2015 8:50 AM Bradshaw, Joyce RE: Merrimack College Sept. 17 F Building Dept has no issues Vconi. Bradshaw, Joyce 5ilMit: —I'Llesday, August 11, 2015 4:35 PM T L,A): Cray, Charles; McCarthy, Fred; Brown, Gerald 5r: Pelich, Suzanne C-U 2 bjext. I Attached is a request for a one day all alcohol license for Merrimack College-Rogers Center for September 17, 2015 between 5-10PM from Mutka Shah. If you can provide me with recommendations by Monday August 17, 2015. 1 appreciate your help: TOWN OFINO Rail H ANDOVER Fire Departi-nerit Central Hre I-1CadCjL1,Rrt(,,rs ...-Fire Prer/Cntiori office, 124 MAIN STREET N011TH ANDOVER, MA,1,.5SAC1HLJSETTS 01845 Andrew Melnikas Telephone(978) 688-9593 Fire Chief FAX (978) 688-9594 McCarthy a n e I n i ka nd oveir.coin Fire Prevention Officer CHUB finccarth Town Clerk's Office 124 Main St. North Andover, Ma August 12,2015 The Fire Department recommends favorable action in granting a one day liquor license [All Alcohol] to Merrimack College, Roger Center on September 17,2015 for the purpose of a reception. Regards, Lt Frederick McCarthy Fire Prevention Officer 978-688-9590 NORTH ANDOVER Cominunity Partnership... Operations Division Lieutenant Charles P. Gray TO: Joyce Bradshaw FROM: Lieutenant Charles P. Gray , RE: One Day Liquor License Request-Merrimack College September 17,2015 DATE: August 12, 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, M a;Saaaal')U se is 01 845 t.eleltahone: 978-683-31E'8 Fax: 9'78.681-1172 t AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 25, 2015 Re: Thyme Restaurant-97 Turnpike Street Attached is a memo from Lt. Eric Foulds regarding an alleged liquor license violation at Thyme Restaurant-97 Turnpike Street. A copy of the letter notifying the license manager of the hearing is also attached. 1 a - � l W= ° f •.-Community Partnership.._ The Office of Chief Paul J.Gallagher TO: Andrew Maylor,Town Manager FROM: Paul J. Gallagher, Chief of Police DATE: August 4,2015 RE: Liquor Violations Please find the attached letters from Detective Lieut. Eric J. Foulds regarding our EOPS grant for Underage Alcohol Use. Our liquor license holders have been advised of our initiatives relative to this grant. The grant has been ongoing and will also be conducted into September. On May 28,2015 members of the Anti-Crime Unit did compliance checks and found two license holders to be in violation. Richdale located at 4 Main Street and the Thyme Restaurant at 97 Turnpike Street. These establishments were advised of the violations and that the matter would be forwarded to our Licensing Commissioners. Officers will be available for the August 10,2015 Board of Selectmen meeting. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-685-0249 n t NORTH ANDOVER POLICE Community Partnership... f To: Chief Paul Gallagher From: Lt. Eric Foulds Re: Liquor Violation Date: July 28,2015 On May 28,2015 members of the North Andover Police Department Anti-Crime Unit,working under an EOPS grant targeting Underage Alcohol Use, performed a compliance check at several establishments that hold a liquor license in North Andover.This operation consisted of a 19 year old male attempting to purchase alcohol from an establishment under the supervision of police personnel and followed strict guidelines established by the Alcoholic Beverage Control Commission (ABCC). At 9:19pm on this date the 19 year old male entered Thyme restaurant located at 97 Turnpike St., North Andover.The 19 year old sat at the bar and ordered a Bud Light beer.A female behind the bar did not ask for identification and served the 19 year old a Bud Light bottle.The 19 year old exited and advised Detective Daley and Detective Cronin what occurred. Shortly thereafter Detective Daley and Detective Cronin entered the restaurant and spoke with manager Jenny CHEN and informed her of what occurred. CHEN stated that she was responsible for serving the nineteen year old male the alcoholic beverage and she normally asks for patrons to provide identification, but did not this time. This is a violation pursuant to 204 CMR 2.05(2) Permitting an illegality on the licensed premises, to wit:Chapter 138,Section 34,Sale or delivery of an alcoholic beverage to a person under twenty- one years of age. All involved officers will make themselves available at the Licensing Commissioners request. Attached is a report filed by Detective Sean Daley and the ABCC guidelines regarding compliance check operations. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 North Andover Police Department Incident Number:2015000013773 1475 Osgood Street File No: N/A North Andover, Ma. 01845-4099 Dispatch Incident Number: N/A (978) 683-3168 Print Date: June 3,2015 Incident Repoft Printed By: efoulds Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Thurs 105/28/2015 9:19:OOPM Thurs 05/28/2015 9:19:00 M —91 1 5/28/2015 1 9:19:OOPM Reported As Incident Type-Primary Arresting Officer Liquor Violation Alcohol-Other Incident Address Reporting Officer 97 Turnpike Street,North Andover,MA 01845 Detective Sean Daley(457) Sector Stat.Area Sub Stat.Area Census Tract Landmark Business Name Incident Types-Other Action Taken N/A Report Associated Persons Summary Type Name(Last,First,MI) Date of Birth Sex Home Phone#1 Cell Phone# Work Phone-# Involved LI,CUI LI 6/18/1984 F NIA NIA NIA Address, 351 WATER STREET 343, LAWRENCE,MA 01841-5127 Involved CHEN,AI HUA 11/15/1982 F NIA N/A NIA ---------------- --------------- ----------- ---------- ---- ---------- ---------- ---------- Address: 26 Main Street,Apt#:6, North Andover, MA 01845 Involved Officers Officer Title Officer Name Officer Type Division Detective Daniel G Cronin Responding Officer Criminal Investigations Division Detective Sean Daley Reporting Officer Criminal Investigations Division Detective Sean Daley Responding Officer Criminal Investigations Division Incident Number.2015000013773 Page 1 of 2 PlFormSingle 08/27/14 North Andover Police Department Incident Number: 2015000013773 | 1475 Osgood Street File No: N/A North Andover, Ma. DiW45-4Q99 Dispatch Incident Number: N/A ` �978) 683-3168 Print Date. June 3' 2015 U nc~dent Report Printed By: mfouldm Narratives for Incident Number 2015000013773? Yes Other Narratives not authorized for print? None Narratives this user authorized toprint: Narrative byi Detective Sean Daley(457) Division Criminal Investigations Division Date&Time Narrative Description Entered b Status Reviewed by Last Edit Date 06/03/2015 10:57 Lieutenant E,icpoums Open 06/03/2015 (400) 1. On May 28, 2015 the North Andover Police Department Anti-Crime Unit conducted alcohol compliance checks at licensed establishments in North Andover. A nineteen year old male was utilized to enter licensed establishments and attempt to purchase alcoholic beverages. 2. At approximately 9:19 p.m.,the nineteen year old male entered Thyme,a restaurant located at 97 Turnpike Street, North Andover, MA. The male went to the bar area and ordered e Bud Light bottle, The female employee did not ask for identification and gave the male a Bud Light bottle. The nineteen year old male notified Detective Daley that he was served an alcoholic beverage and exited the premises moments later and � met the Detectives}n the parking lot. The nineteen year old male informed the Detectives of what occurred inside of the restaurant. 3. Shortly thereafter Detective Daley and Detective Cronin entered the restaurant and spoke with manager Jenny CHEN, informing her of what had occurred. [HEN stated that she was responsible for serving the nineteen year old male the alcoholic beverage and she normally asks for patrons to provide identification, but did not this time. CHEN was informed that a violation occurred and reminded of the employees responsibilities as a licensed seller ofalcohol. 4. Lt. Foulds contacted Cui Li Li, liquor license manager on record with Town Clerk's Office,and notified her of the violation. Signabmy-RoPorting Officer xYrnamrw-Reviewing Officer -------' � ' � / | / / | ! i / | ! ! Incident Number.2015oOOO 3773 Page cove P/ponn0nolen8/27/14 ! � / ' Commonwealth of Massachusetts Department of the State Treasurer - Alcoholic Beverages Control Commission 239 Causeway Street r Boston,MA 02114 Telephone: (617)727-3040 — Fax: (617) 727-1258 �L Timothy P.Cahill Eddie J.Jenkins Treasurer and Receiver General Chairman COMPLIANCE CHECK GUIDELINES These guidelines are intended to provide the basic framework,which will be used when conducting underage drinking compliance checks on licenses premises. 1) Notification that a compliance check will be taking place will be made in the media prior to the start date. 2) The underage person taking part in the compliance check should reasonably look their age. Efforts to make them appear older should be avoided. 3) A photo of the underage person should be taken and attached to the information requested in #6. 4) The underage person should not be carrying any identification when taking part in the compliance check. 5) The underage person should not carry any money with them other than that given by the ABCC Investigator or law enforcement officer supervising them. 6) The underage person shall sign a release form prior to starting participation in this program. The underage person and an ABCC Investigator or any other law enforcement officer should also sign and date a copy of these guidelines. 7) Unless circumstances warrant, the underage person shall be given a B.A.0 test at the beginning and at the conclusion of the investigation. They should be informed of this prior to beginning the investigation. 8) The underage person shall enter the licenses premises under observation by an ABCC Investigator and/or a law enforcement officer. 9) The underage person shall attempt to purchase an alcoholic beverage. They should attempt to purchase the same thing at each location. 10)At no time shall the underage person attempt to misrepresent their age or provide any identification. il)If asked for identification, the underage person should leave the establishment. 12)If served at any on-premise establishment, the underage personal shall remain on the licenses premises for a period of time instructed by the ABCC Investigator or law enforcement officer. They should than exit the licensed premises leaving the alcoholic beverage. If served at an off-premises establishment, the underage person shall carry the alcoholic beverage out to the ABCC Investigator and/or law enforcement officer. 13)At no time, under any circumstances, shall the underage person consume any alcoholic beverage. 14)The safety and welfare of all underage participants will be of the utmost importance to the ABCC Investigator and law enforcement personnel. Underage persons shall not be exposed to any unusual, unnecessary or unreasonable risk. 15)The underage person will not wear, exhibit or carry any ABCC or law enforcement identification or falsely represent themselves as an employee of this agency or any other law enforcement unit while participating in this program. They shall not under any circumstances carry a weapon. 16)ABCC Investigators and law enforcement personnel should only enter the premises to observe on an as needed basis when circumstances warrant. 17)Notice to licensees of alleged violations will be given upon conclusion of the compliance check. Official notification of date, time and place of hearing. UNDERAGE OPERATIVE: Date: ABCC INVESTIGATOR OR LAW ENFORCEMENT OFFICER: Date: 0-019: 3 TOWN OF NORTH ANDOVER OFFICE OF LICENSING COMMISSION 120 1\1IAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 TEL. 978` 688-9510 Richard M.Vaillancourt,Chai nnara � ) Phil neCologero FAX(978)688-9556 Rosemary Connelly Smedile Donald B. Stewart Tracy N1. Watson August 10,2015 Cui Li Li, Manager Thyme Sushi Hibachi, Inc. 97 Turnpike Street North Andover, MA 01845 Re: Possible violation Dear Ms.Li: The North Andover Licensing Commissioners hereby notifies you, and request you to be present, at a public hearing to be held on Monday,August 31, 2015 at 7:00 pm at Town Hall, Selectman's Meeting Room, 2"`t Floor, 120 Main Street,North Andover,MA,regarding alleged violations of a Restaurant License issued under Section 12 of Massachusetts General Laws Chapter 138 to Thyme Sushi Hibachi, Inc. This violation relates to the alleged incident described in the attached Incident Report, which occurred at your establishment on May 28, 2015 at approximately 9:19 P.M. As stated in the report, the violation is pursuant to 204 CMR 2.05 (2)permitting an illegality on the licensed premises, to wit Chapter 138 Section 34 sale or delivery of an alcoholic beverage to a person under twenty-one years of age. At this hearing you have the right to have counsel present, may have witnesses testify on your behalf, and will be entitled to question witnesses. As a result of testimony to be given that night, the action of the commissioners could result in a warning, suspension,revocation, or modification of your license. Very truly yours, Richard Var 11 acourt, Chairman Licensing Commission Cc: North Andover Police Dept. l \ • l A. Signature 0 Agent • Complete items 1,2,and 3.Also complete p Addressee X item 4 if Restricted Delivery is desired. B Received by�(Pdnted Name) G.Date of Delivery ■ Print your name and address on the reverse so that we can return the card to you. C��o �— ■ Attach this card to the back of the mailpiece, I erentfrom Item 1? 0 Yes or on the front if space permits. D.is delivery add 0 No If YES,enter delivery address below: 1. Article Addressed to: 3. Service Type Mail l t/� E3 Certified Mall 0 Return Express Receipt for Merchandise I ❑Registered ✓i '��✓ �� 5 [3 insured Mail ❑C.O.D. 0 Yes 4. Restricted Delivery?(Extra Fee) 2, Article Number ?011 1150 0000 9 615 8 018 I 102595.02-M-1540 (transfer from service label) ; PS Form 38-11,February 2004 Domestic Return Receipt beverages to a person under twenty-one years of age, written notice of said allegation shall be sent to the parents or guardians of such person pursuant to MGL, Chapter 138, Section 64, 32. Violations Penalties for violations of these regulations shall be imposed in accordance with the following guidelines, to be imposed after notice to the Licensee and hearing before the Board. First Offense: Written warning or 1 to 5 day suspension, at the discretion of the Board. Second Offense: (Within 60 months of first offense) 5 to 15 day suspension; revocation or modifications may also be imposed. Third & Subsequent Offenses: (Within 60 months of second offense) 15 to 30 day suspension; revocation or modifications may also be imposed. The Licensee shall serve suspensions on consecutive business days beginning on the third Thursday following the imposition of penalties by the Board or.sueh dates to be determined by the Board. The following criteria may be considered by the Board in determining the penalty to be imposed: i{ a. number of prior offenses, including ABCC adjudicated violations b. degree of inspection, etc, exhibited by Licensee C. severity and type of offense d, efforts to identify purchaser, if any, provided that acceptance of a non-permissible form of identification shall not be a mitigating factor el appearance of purchaser in cases of illegal sales f. quality of evidence g. general reputation of Licensee h. the percentage of total revenue the licensee receives from the sale of alcoholic beverages. it I ' Section B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES 1. Food Service Required Licenses under M.G.L, Chapter 138, Section 12, otherwise known as restaurant liquor licenses, may be issued only to duly licensed common victuallers and innholders who have adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons, as required by Chapter 140 and for the hours of sale specified in Section B. 5. below. The regulations in this Section shall also apply to clubs,to the extent that they may be applicable. s 8 l ^'' 4 I; s AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: August 25, 2015 Re: Rlchdale (Artie's Corner)-4 Main Street Attached is a memo from Lt. Eric Foulds regarding an alleged liquor license violation at Richdale (Artie's Corner)-4 Main Street A copy of the letter notifying the license manager of the hearing is also attached. I f 'Jrl t y ��ipyrsu� s" Community Partnership... i To: Chief Paul Gallagher From: Lt. Eric Foulds Re: Liquor Violation Date: July 28,2015 On May 28,2015 members of the North Andover Police Department Anti-Crime Unit,working under an EOPS grant targeting Underage Alcohol Use, performed a compliance check at several establishments that hold a liquor license in North Andover.This operation consisted of a 19 year old male attempting to purchase alcohol from an establishment under the supervision of police personnel and followed strict guidelines established by the Alcoholic Beverage Control Commission (ABCC). At approximately 7:28 p.m.,the nineteen year old male entered the Richdale,known as Artie's Corner,at 4 Main St.with currency provided by Detective Daley and Detective Cronin. The male went to the beer cooler and retrieved a six pack of Yuengling Beer and walked up to the counter in order to purchase the alcohol. The male employee did not ask for identification and sold the alcohol for$7.29. The nineteen year old male exited the store and walked directly to the vehicle that Detective Daley and Detective Cronin were in. The nineteen year old male described that clerk as a young man. Shortly after the purchase Detective Daley and Detective Cronin entered the store,spoke with business owner Mohammed ALAM and informed ALAM of what occurred. ALAM was not present when the purchase occurred and a younger male, identified as Ezaz ISLAM,was working behind the counter. ISLAM confirmed that he did not ask for identification. This is a violation pursuant to 204 CMR 2.05(2)Permitting an illegality on the licensed premises, to wit:Chapter 138,Section 34,Sale or delivery of an alcoholic beverage to a person under twenty- one years of age. All involved officers will make themselves available at the Licensing Commissioners request. Attached is a report filed by Detective Sean Daley and the ABCC guidelines regarding compliance check operations. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 North Andover Police Department Incident Number: 2015000013728 1475 Osgood Street File No: NIA North Andover, Ma. 01845-4099 Dispatch Incident Number: N/A (978) 683-3168 Print Date: June 3,2015 Incident Repoft Printed By: efoulds Incident Information Occurred Day of Date Time Occurred Day of Date Time Reported Date Time On/From Week To Week On Thurs 05/2812015 7:28:OOPM Thurs 05/28/2015 7:28:OOPM — 5/28/2015 7:28:33PM Reported As Incident Type-Primary Arresting Officer Liquor License Violation Alcohol-Other Incident Address Reporting Officer 4 Main Street,North Andover, MA 01845 Detective Sean Daley(457) Sector Stat.Area Sub Stat,Area Census Tract Landmark Business Name Incident Types-Other Action Taken N/A Report Associated Persons Summary Type Name(Last,First,MI) Date of Birth Sex Home Phone#I Cell Phone# Work Phone# Involved ALAM,MOHAMMED J 7/7/1954 M (617)876-8834 (617)312-9257 N/A - - --------------------- -- ---------- -- ------- ----------- ---------- Address- 355 Sutton Street,North Andover,MA 01845 Involved NASRUL ISLAM,EZAZ I I M (917)378-3305 N/A NIA --------------------------------------------- ---------- ---- ---------- ---------- ---------- Address 318 SECOND STREET, NORTH ANDOVER,MA 01845 Involved Officers Officer Title Officer Name Officer Type Division Detective Daniel G Cronin Responding Officer Criminal Investigations Division Detective Sean Daley Reporting Officer Criminal Investigations Division Detective Sean Daley Responding Officer Criminal Investigations Division Incident Number.2015000013728 Page 1 of 2 PIFormSingle 08/27/14 � � � North Andover Police Department Incident Number: 2O15ODOO13728 1475 Osgood Street File No: N/A � North Andover, Ma. 81845-4O9S Dispatch Incident Number: N/& (97MA �8�~@1�� —. Print Date: June 3,2O15 � Incident Re port � Printed 8y: afou/do Narratives for Incident Number 2016000013728? Yes Other Narratives not authorized for print? None Narratives this user authorized toprint: Narrative by: Detective Sean Daley(467) Division:Criminal Investigations Division Date&Time Narrative Description Entered b Status Reviewed by Last Edit Date 06m212015 17:30 Lieutenant Eric puumx Open 06/02/2015 (*oo) 1. On May 28, 2015 the North Andover Police Department Anti-Crime Unit conducted alcohol compliance checks at licensed establishments in North Andover. A nineteen year old male was utilized to enter licensed establishments and attempt to purchase alcoholic beverages. 2. At approximately 7:28 p.m.,the nineteen year old male entered Richdale"Artie's Corner" located at 4 Main Street, North Andover, MA. The male went to the beer cooler and retrieved o six pack ofYuenQ|ing Beer and walked uptn the counter in order to purchase the alcohol. The male employee did not ask for identification and sold the alcohol for$7.29. The nineteen year old male exited the store and walked directly to the vehicle that Detective Daley and Detective Cronin were in. The nineteen year old male informed the Detectives of what occurred inside of the store. 3. Shortly thereafter Detective Daley and Detective Cronin entered the store and spoke with business owner Mohammed ALAM,informing him uf what had occurred. ALAW4 was not present when the purchase occurred and a younger male, identified as Ezaz ISLAM,was working behind the counter. ISLAM and ALAK4 were both informed that a violation occurred and reminded of their responsibilities as a licensed seller of alcohol. ��na,ure-�eponYnp0f�oe/ 3/�n�turm-Reviewing Df0cer � � � � � Incident Number:2015000013728 Page uofo p|ponn8ingleO8/27/14 � � Commonwealth of Massachusetts \ Department of the State Treasurer -, Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA. 02114 Telephone: (617)727-3040 Fax: (617) 727-1258 Timothy P.Cahill Eddie J.Jenkins Treasurer and Receiver General Chairman COMPLIANCE CHECK GUIDELINES These guidelines are intended to provide the basic framework,which will be used when conducting underage drinking compliance checks on licenses premises. 1) Notification that a compliance check will be taking place will be made in the media prior to the start date. 2) The underage person taking part in the compliance check should reasonably look their age. Efforts to make them appear older should be avoided. 3) A photo of the underage person should be taken and attached to the information requested in #6. 4) The underage person should not be carrying any identification when taking part in the compliance check. 5) The underage person should not carry any money with them other than that given by the ABCC Investigator or law enforcement officer supervising them. 6) The underage person shall sign a release form prior to starting participation in this program. The underage person and an ABCC Investigator or any other law enforcement officer should also sign and date a copy of these guidelines. 7) Unless circumstances warrant, the underage person shall be given a B.A.0 test at the beginning and at the conclusion of the investigation. They should be informed of this prior to beginning the investigation. 8) The underage person shall enter the licenses premises under observation by an ABCC Investigator and/or a law enforcement officer. 9) The underage person shall attempt to purchase an alcoholic beverage. They should attempt to purchase the same thing at each location. 10)At no time shall the underage person attempt to misrepresent their age or provide any identification. ll)If asked for identification, the underage person should leave the establishment. 12)If served at any on-premise establishment, the underage personal shall remain on the licenses premises for a period of time instructed by the ABCC Investigator or law enforcement officer. They should than exit the licensed premises leaving the alcoholic beverage. If served at an off-premises establishment, the underage person shall carry the alcoholic beverage out to the ABCC Investigator and/or law enforcement officer. 13)At no time, under any circumstances, shall the underage person consume any alcoholic beverage. 14)The safety and welfare of all underage participants will be of the utmost importance to the ABCC Investigator and law enforcement personnel. Underage persons shall not be exposed to any unusual, unnecessary or unreasonable risk. 15)The underage person will not wear, exhibit or carry any ABCC or law enforcement identification or falsely represent themselves as an employee of this agency or any other law enforcement unit while participating in this program. They shall not under any circumstances carry a weapon. 16)ABCC Investigators and law enforcement personnel should only enter the premises to observe on an as needed basis when circumstances warrant. 17)Notice to licensees of alleged violations will be given upon conclusion of the compliance check. Official notification of date, time and place of hearing. UNDERAGE OPERATIVE: Date: ABCC INVESTIGATOR OR LAW ENFORCEMENT OFFICER: Date: 0-019: 3 TOWN OF NORTH ANDOVER OFFICE of LICENSING COMMISSION 120 MAIN s'rREE"h NORTH ANDOVER, MASSACHUSETTS 01845 Richard Nl,VaillanCOlirt, Chairman TEL.(978)688-9510 Phil DeColobero FAX(978)688-9556 Rosemary Connelly Smedile Donald B. Stewart Tracy M.Watson August 10, 2015 Mohammad J. Alam, Manager Sehtu, Inc. 4 Main Street North Andover, MA 01845 Re: Possible violation Dear Mr. Alam: The North Andover Licensing Commissioners hereby notifies you, and request you to be present, at a public hearing to be held on Monday,August 31, 2015 at 7:00 pm at Town Hall, Selectman's Meeting Room,2nd Floor, 120 Main Sheet,North Andover, MA, regarding alleged violations of a Restaurant License issued under Section 12 of Massachusetts General Laws Chapter 138 to Sehtu, Inc. This violation relates to the alleged incident described in the attached Incident Report,which occurred at your establishment on May 28, 2015 at approximately 7:28 P.M. As stated in the report,the violation is pursuant to 204 CMR 2.05 (2)permitting an illegality on the licensed premises,to wit Chapter 138 Section 34 sale or delivery of an alcoholic beverage to a person under twenty-one years of age. At this hearing you have the right to have counsel present, may have witnesses testify on your behalf, and will be entitled to question witnesses. As a result of testimony to be given that night, the action of the commissioners could result in a warning, suspension, revocation, or modification of your license. Very truly yours, Richard Vaillacourt, Chairman Licensing Commission Cc: North Andover Police Dept. SECTION . SENDER: COMPLETE THIS N Complete Items 1,2,and 3.Also complete 0 Agent Item 4 if Restricted Delivery is desired. X Qti1/� 0 Addressee n print your name and address on the reverse B. Recely d b (Panted q 4a of Delivery so that we can return the card to you. y � j ■ Attach this card to the back of the mailplece, ( t,"J" or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: E3 No �^ 3. Service Type 0 Certified Mail 0 Express Mall / 0 Registered (3 Return Receipt for Merchandise t'j/��, �� ✓� 1 �� 0 Insured Mall, O C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7 011 11,5 0 0 0 0 0 9'615 8032 (transfer from service IabeQ PS Form 3811,February 2004 Domestic Return Receipt 10269502-M-1640 Public Hearing TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 1.20 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NoRTN 4`,RUED $6 q+LO Joyce A. Bradshaw Town Clerk ° a Telephone(978)688-9501 FAX(978)688-9557 ACHU x CQ O $q Memorandum To: Tracy M. Watson,Chairman and Members of Board of Selectmen Andrew W. Maylor, Town Manager From: Joyce A. Bradshaw, CMMC,Town Clerk '6 Date: August 25,2015 Subject: Petition of Columbia Gas to Install a Rectifier Pole-#56 Great Pond Road The attached pole petition by Columbia Gas is submitted for your approval. This petition was originally scheduled for July 13, 2015 and rescheduled for August 31, 2015 because no representative was in attendance. A representative will be present to answer any questions: 1. Permission to install and maintain a Rectifier Ground bed for the existing gas main and Rectifier Pole at#56 Great Pond Road, 2. Attached are copies of the proposal and plans. 3. All abutters were notified of the new hearing date. 4. Recommendations have been solicited from the Department of Public Works, Police Department, Fire Department and the Building Inspector. Determination by the Conservation Commission is attached. j 5. Any outstanding issues will be addressed with the appropriate departments. A representative from Columbia Gas will be at your meeting on Monday August 31, 2015 to address any issues. Please do not hesitate to contact me or Jesus Figueroa (978) 382-0737 with any questions. COLUMBIA GAS OF MASSACHUSETTS LAWRENCE DIVISION Board of Selectman Rate.June 19th, 2015 North Andover, Massachusetts Columbia Gas of Massachusetts respectfully asks permission to install and maintain a Rectifier Ground bed for the existing gas main &Rectifier Pale at the following location, and to excavate in the following street for that purpose: r Install a Rectifier Groundhed C Rectifier Role Across from#56 Great Pond Rd. North j Andover MA I g I Columbia Gas of Massachusetts—Lawrence Division Jesus Figueroa—Corrosion Technician 55 MarstonSt. Lawrence MA 01841 jmflgqeroa@nlsource.com 978-382-0737 Gentlemen: Permission is hereby granted the Columbia Cos of Massachusetts to Install and maintain a Rectifier Groundbed&Rectifier Pole Selectmen, Approv ,Date 10? By Three days'prior to beg` - g work the petitioner will notify the DPW to mark out sewer, water,and drain pipe'locations. 9"74 Officer Needed rr Site Chief of Police Bradshaw, Joyce From: Melnikas, Andrew Sent: Wednesday,July 08, 2015 7:50 AM To: Bradshaw, Joyce Subject: RE: Good morning Joyce: The Fire Department has no issues with the petition from the Gas Company related to the rectifier pole Chief Andy Melnikas From: Bradshaw, Joyce Sent: Monday, July 06, 2015 12:14 PM To: Brown, Gerald; McCarthy, Fred; Melnikas, Andrew Cc: Pelich, Suzanne Subject: Sorry for the last minute, but we are looking at the "rectifier pole" for any recommendations you may have. Normally gas petitions do not require your recommendations. However,there is a pole involved and the BOS will hear that. If you could get back to me by the end of the day tomorrow. I appreciate your help. Please call if you have any questions. Thanks. 1 Bradshaw, Joyce From: Brown, Gerald Sent: Wednesday,July 08, 2015 1:42 PM To: Bradshaw,Joyce Subject: RE: The Building Dept has no issues From: Bradshaw, Joyce Sent: Wednesday,July 08, 2015 1:28 PM To: Gray, Charles; McCarthy, Fred; Brown, Gerald Cc: Pelich, Suzanne; Burzlaff, Laurie Subject: - Sorry for the last minute, but we are looking at the "rectifier pole" for any recommendations you may have. Normally gas petitions do not require your recommendations. However,there is a pole involved and the BOS will hear that. If you could get back to me by the end of the day tomorrow. I appreciate your help. Please call if you have any questions. Thanks. 1 • CONSERVATION DEPARTMENT Community Development Division NEG1'IWF.DETERMINATION OF APPLICABILI'I"Y SPEC;IAI:3 CONDI'I'IONS Gteat Pond Road Rectifier and Anode Bed, North Andover At the May 13,2015 public hearing,the North Andover Conservation Commission (NACC)voted to issue a.Negative.Determination of rlpplicabilig,for installation of a rectifier pole and trenching of an anode bed 1'off the edge of pavement within the Buffer Lane to Bordering Vegetated Wetland. The work is required to protect the adjacent gas line:from corrosion.The project will conform to the following: Applicant: MSR Utility Maintenance Corp 501 H gli Street Dunstable,MA 01827 Representative: Leah Basbanes Basbanes Wedand Consulting 39 Hardy Street Dunstable,NIA 01827 Record Documents: Request for Determination of Applicability Form 1,Letter Dated April 28, 2015,and supporting materials,submitted:April 30,2015 Record Plans: Proposed Anode lied&Rectifier Post,Great Pond Road. Prepared by: Basbanes Wetland Consulting Date:April 28,2015 Installation of Impressed Current Anode Prepared by:National Grid Date: 4/15/2010 Proposed Rectifier and Anode Bed Installation,Great Pond Road,North .Andover,N4A. SPECIAL.CONDITIONS: 1. Prier to the start of construction the applicant shall ensure that the site contractor has revie1ved the Determination and is aware of the wetland resource area and the limits of the proposed work. 1600 Osgood Street,Suite 2035,North Andover,Massachusetts 01645 Phone 978.688.9530 Fax 978.688.9542 Web:littp://w�vw,townofnorthandover.c:om/Pages/NAndovernfA Conservation/index i f Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands WPA Fortin 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information — Important: When filling out From: forms on the North Andover computer,use _., _.-_---__ _ only the tab Conservation Commission key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the MSR Utility Maintenance Corporation _.----- _—_ -_ _._- return key. Name Name 501 Hi h Street VQ Mailing Address Mailing Address Dunstable MA 01827 City/Town State Tip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Proposed Anode Bed&Rectifier Post, Great Pond Road April 28,2015 Title Date --..----_ Installation of Impressed Current Anode —_ --_. _ 4115/2010 Title _ Date Proposed Rectifier and Anode Bed Installation, Great Pond(toad, North Andover, M gate 2, Date Request Filed: A�ril_301 2015 B. Determination Pursuant to the authority of M.G.L.c. 131,§40,the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation,and made the following Determination. Project Description(if applicable): Installation of a rectifier pole and anode bed within the south roadway shoulder of Great Pond Road within Buffer Zone to aBordering Kq stated Wetland, Project Location;. Great Pond Road North Andover Street Address City/Town Mal96 Parcel 5 Assessors Map/Plat Number Parcel/Lot Number vrparorm2.dM-00t6rmination of Wlicabiliry•rev.12/14 Pap f of 6 '... Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cant.) � The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note:No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation(issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e.,Conservation Commission or the Department of Environmental Protection). C] 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling,dredging,or altering of the area requires the filing of a Notice of intent. I 2a.The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. 1 i ❑ 2b.The boundaries'of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this determination or to the Request for Determination. 3.The work described oil referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove,fill, dredge, or alter that area,Therefore, said work requires the filing of a Notice of intent. ❑ 4.The work described on referenced plan(s)and document(s)is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5.The area and/or work described on referenced plan(s)and doQUment(s)is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name ©rdinance or Bylaw Citation tapaform2.doc:Determination of Applicability•rev.12114 Page 2 of 5 Massachusetts Department of Environmental Protection LlBureau of Resource Protection -Wetlands I WP A Fortin 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B Determination (cent) [j 6, The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7; If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s)',which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10,58(4)c.for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots,and any adjacent lots formerly or presently owned by the same owner,. i ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels,any adjacent parcels,and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1.The area described in the Request is not an area subject to protection under the Act or the Buffer Zone, 2, The work described in the Request is within an area subject to protection under the Act, but will not remove,fill,dredge; or alter that area.Therefore, said work does not require the filing of a Notice of Intent. i e Buffer Zone as defined in the regulations, but � 3.The work described in the Request is within#h ff r g will not alter an Area subject to protection under the Act. Therefore,said work does not require the filing of a Notice of Intent,subject to the following conditions(if any). See Attached ❑ 4.The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone),Therefore,said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. kpargrm2.doc•Determination of AppticabUity•:rev.12114 pago 3 of 5 Massachusetts Department of Environmental Protection } -- Bureau of Resource Protection-Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i B. Determination (cont.) ❑ 5.The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Aclivity(site appiicable statuotory/regulatory provisions) D 6.The area and/or work described in the Request is not subject to review and approval by Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. North Andover Conservation Commission Chapter 178 Name Ordinance or Bylaw Citation I C. Authorization This Determination is issued to the applicant and delivered as follows: f (] by hand delivery on [ by certified mail,return receipt requested on Date Date This Determination is valid for three years from the date of issuance(except Determinations for Vegetation Management Plans which are valid for the duration of the Plan).This Determination does not relieve the applicant from complying with all other applicable federal, state,or local statutes, ordinances, bylaws,or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office(see http,./twww.mass.gov/eea/aaencies/massde bout/contacts/find-the-massft p rertional-office-for-your- city-or-town.htmi}and the property owner(if different from the applicant). i Signatures: __.. +vpafGTm2.doc•Datenninalion of Appliaabilily-ray,12114 Pay,4 of b Massachusetts Department of Environmental Protection \' Bureau of Resource Protection Wetlands x WP'A Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act.M.G.L. c. 131, §40 i D. Appeals The applicant,owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed work is to be done,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate Department of Environmental Protection Regional office(see http,11 ww.mass.!goy/eea/aaenciestmassdep/abouYcontacts/find-the- massdep-regional office forvour-city-or-town.hUnl to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form(see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant.The request shalt state clearly and concisely the objections to the Determination which is being appealed,To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. _ I wpafoimZdn-Votefminalion of Appiicab My•ray.12114 Page 5 of 5 � x F t . ak ltd y4'� ;t F^ a � - 1 Poo I az ww- IS M � �f i5 i % f✓ a ANON '# IN ZdU A`noo E 0 � A�6"Vrr1 w (7) 48 CAULA UY-TZ:sV0i> _ t QV d� 'i Val�'t-1'�^'� t i NOTES: 1. All anodes connected to anode cable by split bolt connector and protected by plyflex splice kit or equal. �4 2. All cable installed inside PVC pipe and buries}to a minimum depth of l$inches. 3. After all pre-marks of other underground structures have been completed,NECP must field verity The location of these 'y foreign structures prior to any excavation. The location of anode placement and/or clbles may be altered at this time. , , 1 I j' I OLIVER Page i of ,.,rr'�Jti*M' OLIVER:MassGIS's Online Mapping Tool OLIVER Updates too 0 Aid 56 7a 411 exa 20 n. wan 9 tot scalp=t2z5� 232,073.Nm 037,'3I7.00m I'I littp:!/mnps.massgis state.ntu.us/map_ol/oliver.pklp 3/31/2015 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 of %40RTII to Joyce A.Bradshaw 0 Town Clerk a p Telephone(978)688-9501 FAX(978)688-9557 41 CHU Memorandum To: Tracy M. Watson, Chairman and Members of Board of Selectmen Andrew W. Maylor,Town Manager From: Joyce A. Bradshaw, CMMC,Town Clerk Date: August 25,2015 Subject: Petition of Verizon-Robert Coulter-Plan#882 The attached Petition Plan#882—Great Pond Road is submitted for your approval: I Permission to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of Great Pond Road to place approximately 25 feet of underground conduit from existing P29/223 feeding into Great Lake Lane. 2. Attached are copies of the proposal and plans. 3. All abutters were notified of the hearing date. 4. Recommendations have been solicited from the Department of Public Works, Police Department, Fire Department and the Building Inspector. Determination by the Conservation Commission is attached. 5. Any outstanding issues will be addressed with the appropriate departments. A representative from Verizon will be at your meeting on Monday August 31, 2015 to address any issues. Please do not hesitate to contact me or Robert Coulter (978) 323-0257 with any questions. OPRIZ-O 900 Chelmsford St, Tower 2, Floor 1 Lowell,MA 01851 I July 17,2015 Town Hall Attn:Board of Selectmen 120 Main Street North Andover,MA, 01845 RE: Petition Plan#882—Great Pond Road Enclosed, you will find the above referenced petition plan for placing approximately 25 trench feet ofunderground conduit'ftom existing P29/223 feeding into Great Lake bane. All questions concerning this petition should be directed.to Robert Coulter 978-323-0257, Please send hearing notice and invoice to the following address: Verizon Attention:Robert Coulter 900 Chelmsford St: Tower 2,Floor 1 Lowell,MA 01851 Thank you for your attention and cooperation. Cordially Yours, Robin Craven �. cz 978-323-0272 nn i Eno: Pet/Plan/Order 'r=� y i FORM MASS. 551 MUNICIPALITY PETITION FOR CONDUIT LOCATIONS-CITIES AND TOWNS To the Board of Selectmen Of the Town of North Andover, Massachusetts VER:CZQN NEW ENGLAND JNc. (Formerly known as NEw ENGLAND TELEPHONE & TELEGRAPH) requests permission to .lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public way or ways: GREAT POND ROAD - Place approximately 25 feet of underground conduit. i Location approximately as shown on Plan attached Also for permission to lay and maintain underground conduits, manholes, cables and wires in the above or intersecting public ways for the ose u of P i'P making connections with such poles and buildings as it may desire for distributing purposes. Plans marked - Verizan Petition Plan No. 882 dated 07-16-2015 showing location of conduit is filed herewith. i `TER:IZON NEW ENGLAND INC. (Formerly Known as New England Telephone & Telegraph) Manager 3 Dated this 16TR day of July, 2015. PETITION PLAN MUNICIPALITY Municipality: North Andover, Massachusetts No.882`Verizon New England Inc. Date:July 16,2025 Showing: Proposed Underground Conduit L.ocatfon N #72 #78 #100 GREAT POND ROAD 2,51 + P29/ 223 v� JLt1 Z 15 i kppro-V d, DP W,Date 7% / By Three days prior to be nn g work the petitioner will notify the DPW to mark out sewer, water, and drain pipe Locations. Prepared By He DiSTANCS SHOWN ARHAPPROXIMA7E Checked By �- LEGEND CC Existing Joint PoletoRemain- -Proposed Verizon Pole Location U -Verizon Poielocation to be Abandoned Power Ca,Pole Location to be Abandoned -Verizon CO.Pole to Remain -PresentJoint Pole Location to be Abandoned `C.Y •Proposed Joint pole Location -Power Co.Location to be Held Jointly ExistingVerizon Manhole -Proposed Verizon Conduit location -Proposed Verizon Manhole Location i -£xistingVerizon Buried Cable -Existing Verizon Conduit -Proposed Verizon Buried Coble location E NORTH ANDOVER i FPM/,r ,fir Community Partnership... Operations Division Lieutenant Charles P. Gray I TO: Joyce Bradshaw f / ( FROM: Lieutenant Charles P. Gray �"� RE: Verizon Petition Plan#882 DATE: August 18, 2015 Please be advised that the following proposal has been reviewed. The Police Department recommendation would be that any construction that will have an impact on the public way and interfere with pedestrian and motor vehicle travel will need to have a police detail. Work Zones shall be established in accordance with the Manual of Uniform Traffic Control Devices. If there are any questions or concerns, the Police Officer in Charge shall be notified. a t� 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax, 978-681-1172 Bradshaw, Joyce From: Hebert, Dave Sent: Thursday, August 2O, 2Ol69:44AK4 7m: Bradshaw, Joyce; McCarthy, Fred Cc: dhebert38@yehoo.com Subject: RE:Verizon Petition Great Pond Rood Good Morning Joyce, As far as Fire Alarm wire we have nothing in that area and have zero concerns about the underground conduit the phone company has plans for. If there is paperwork that needs to be signed please let me know. Have a great day. Dave Hebert NAFD Fine Alarm Supervisor 978-804-3091 From: McCarthy, Fred Sent: Thursday, August 2O, 2O157:4SAM � | To: Hebert, Dave Subject: FVV: Nerizon Petition Great Pond Road From: Bradshaw, Joyce Sent: Wednesday, August 19, 3015 3:21 PM To: Gray/ Charles; McCarthy, Fred; Hughes, Jennifer; Brown, Gerald; Willett, Tim; Willis, Gene Subject: Verizon Petition Great Pond Road Let me try this again. Attached is petition from Verizon for Underground Conduit on Great Pond Road. | believe DPW has already reviewed and signed of[ If you can send me any recommendations by Monday August 24. Thanks so much for your help. '`0 —1 CZA cpl -�~ � 1 � � Bradshaw, Joyce From: Leathe Brian Sent: Wednesday, August 26, 2015 10:02 AM To: Bradshaw, Joyce Subject: RE:Verizon Petition Great Pond Road There are no issues with this request. From: Bradshaw, Joyce � Sent: Wednesday, August 20, ZO1S9:54AM To: Leatha, Brian Subject: FVV: Verizon Petition Great Pond Road Any issues? Thanks Brian, From: Bradshaw, Joyce Sent: Wednesday, August 26, 2015 9:53 AM To: Brown, Gerald Subject: FVV: Verizon Petition Great Pond Road Sorry to bother you, Any issues? Thanks so much. From: Bradshaw, Joyce Sent: Wednesday, August 19, 2015 3:21 PM To: Gray, Charles; McCarthy, Fred; Hughes, Jennifer; Brown, Gerald; Willett, Tim; Willis, Gene SmUject: Verizon Petition Great Pond Road Let me try this again. Attached is a petition from Verizon for Underground Conduit on Great Pond Road. | believe DPW has already reviewed and signed off. |f you can send me any recommendations by Monday August Z4. Thanks somuch for your help. � Bradshaw, Joyce From: Hughes, Jennifer Sent: Wednesday, August 19, 2015 3:43 PM To: Bradshaw,Joyce; Gray, Charles; McCarthy, Fred; Brown, Gerald; Willett, Tim;Willis, Gene Subject: RE:Verizon Petition Great Pond Road The commission has an order of conditions on the project. I'm sure that covers it. 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 @townofnorthandover.com Web www.TownofNorthAndover.com From: Bradshaw, Joyce Sent: Wednesday, August 19, 2015 3:21 PM To: Gray, Charles; McCarthy, Fred; Hughes, Jennifer; Brown, Gerald; Willett,Tim; Willis, Gene Subject: Verizon Petition Great Pond Road Let me try this again. Attached is a petition from Verizon for Underground Conduit on Great Pond Road. I believe DPW has already reviewed and signed off. If you can send me any recommendations by Monday August 24. Thanks so much for your help. I- i 1 Old Business I New Business n i i Public Comment Town Manager's Report