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HomeMy WebLinkAbout2015-09-28 Board of Selectmen Minutes w/documents BOARD OF SELECTMEN MINUTES September 28, 2015 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:03 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 18 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Phil DeCologero made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of September 14, 2015. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Recognition-Sergeant Daniel Lanen Representative James Lyons presented Sergeant Daniel Lanen with a proclamation from the state for his actions on September 11, 2015 where he administered NARCAN to a woman suffering from an opiate overdose. The Board also presented Sergeant Lanen with a Certificate of Commendation. Update on tech nology/website-Chris McClure, Director of IT Chris McClure, Director of IT, presented the new website format to the board and walked through the `Report It'tool which allows citizens to report issues to the Town. Stan Limpert of the School Committee thanked Mr. McClure for his assistance with technology in the schools. Introduction of new staff member- Marie Petto, Community Services Officer Human Resources Director, Cathy Darby, introduced Community Services Officer, Marie Petto, to the Board. The Town Manager announced the Open House for the new fire station is tentatively set for Saturday, November 7, 2015. Affordable Housing Trust/Bread & Roses Application Seminars Chair Watson announced the application seminars being held by Bread & Roses Housing on September 29th and October 6th for residents interested in purchasing one of the units at 64-66 May Street. CONSENT ITEMS: Proposal by Fire Department to increase ambulance billing rate Fire Chief Andrew Melnikas is recommending an increase in the Basic Life Emergency ambulance billing rate from $804.61 to $965.53. The rate has not been increased since 2010. Firefighter Jeffrey Deschanes reviewed the proposal for the Board. They are also recommending the town consider billing separately for special services which are currently included in the ambulance rate i.e., extra EMT or medications. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen increase the Basic Life Emergency ambulance billing rate by 20%. Vote approved 4-0-1. Donald Stewart abstained. Request to surplus equipment-Fire Department Fire Chief Andrew Melnikas submitted a request to surplus ten turnout coats and twenty bunker pants. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen approve the request of Fire Chief Andrew Melnikas to surplus ten turnout coats and twenty bunker pants per his memorandum to the Town Manager dated September 18, 2015. Vote approved 5-0. Request of Dan Pas of Local 2035 North Andover Fire Fighters to use rotary at Old Center on Saturday, October 10, 2015 for a "Fill the Boot" drive to benefit the Muscular Dystrophy Association Dan Pas of Local 2035 North Andover Fire Fighters was present to request permission to hold a "Fill the Boot" drive at the Old Center rotary on Saturday, October 10, 2015. Board of Selectmen Minutes September 28, 2015 2 Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen approve the request of Dan Pas of Local 2035 North Andover Fire Fighters to hold a `Fill the Boot'drive on Saturday, October 10, 2015 at the Old Center rotary. Vote approved 5-0. Approval of Preservation Restriction Agreement for the Samuel Osgood House, 440 Osgood Street Joe Cornish of Historic New England and property owner, Martha Larson, were present to request the Board approve the preservation restriction agreement on 440 Osgood Street, pursuant to MGL c184 §§31-33 in order to make the restriction perpetual. The North Andover Historical Commission has unanimously voted to support the agreement. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the Preservation Restriction Agreement for the Samuel Osgood House at 440 Osgood Street, North Andover as presented. Vote approved 5-0. Affordable Unit Resale-2 Harvest Drive, Unit 104 (Oakridge Village) The Citizens' Housing and Planning Association (CHAPA) has notified the Town that the affordable housing unit at 2 Harvest Drive, Unit 104 (Oakridge Village) is up for sale. It is recommended the Board not exercise its right of first refusal. Richard Vaillancourt made a MOTION, seconded by Donald Stewart, that the Board of Selectmen decline the right of first refusal to purchase the affordable housing unit at 2 Harvest Drive, Unit 104 (Oakridge Village). Vote approved 5-0. Columbia Gas of Massachusetts request to excavate at 2 Marbleridge Road to install new gas service In accordance with M.G.L. cl64 §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.' Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen approve the request of Columbia Gas of Massachusetts to excavate at 2 Marbleridge Road to install new gas service, as presented. Vote approved 5-0. 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. Change of Manager request-Edgewood Retirement Community Lou D'Angelo from Edgewood Retirement Community was present to answer any questions and confirmed he was TIP certified. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen, acting as Licensing Commissioners, approve the change of manager at Edgewood Retirement Community from Marlene Rotering to Louis D'Angelo. Vote approved 5-0. Change of Board of Directors-Club 2104 (VFW) Joseph Lynch from Club 2104 explained that the ABCC rejected their application to make renovations (previously approved by the Board) because the Board of Directors filed with the state was not updated. Tracy Watson made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the change of the Board of Directors, as presented, for Club 2104 (VFW). Vote approved 5-0. Paul Gallant of Merrimack College requests: 1. One Day All Alcohol license for Onstagers Cabaret Performance on Saturday, October 10, 2015 at the Rogers Center from 7:30 p.m. to 11:30 p.m. 2. One Day Wine and Malt license for Macktober Fest on Friday October 16, 2015 on the Cullen Ave. Lawn from 4:00 p.m. to 8:00 p.m. 3. One Day All Alcohol license for a brunch on Saturday, October 17, 2015 in the McQuade Library from 9:00 a.m. to 12:00 p.m. 4. One Day Wine and Malt license for Legacy Reception on Saturday, October 17, 2015 at the Rogers Center from 3:00 p.m. to 6:00 p.m. Board of Selectmen Minutes September 28, 2015 3 5. One Day Wine and Malt license for Cabaret Performance on Thursday, October 22, 2015 at the Rogers Center from 7:00 p.m. to 10:00 p.m. 6. One Day Wine and Malt license for Cabaret Performance on Friday, October 23, 2015 at the Rogers Center from 7:00 p.m. to 10:00 P.M. 7. One Day Wine and Malt license for Cabaret Performance on Saturday, October 24, 2015 at the Rogers Center from 7:00 p.m. to 10:00 p.m. 8. One Day Wine and Malt license for Cabaret Performance on Sunday, October 25, 2015 at the Rogers Center from 1:00 p.m. to 4:30 p.m. 9. One Day Wine and Malt license for Cabaret Performance on Thursday, October 29, 2015 at the Rogers Center from 7:00 p.m. to 10:00 p.m. 10. One Day Wine and Malt license for Cabaret Performance on Friday, October 30, 2015 at the Rogers Center from 7:00 p.m. to 10:00 P.M. 11. One Day Wine and Malt license for Cabaret Performance on Saturday, October 31, 2015 at the Rogers Center from 7:00 p.m. to 10:00 p.m. 12. One Day Wine and Malt license for New Black Eagle Jazz Band on Friday, November 6, 2015 at the Rogers Center from 7:00 p.m. to 10:00 p.m. 13. One Day Wine and Malt license for Capital Jazz Orchestra on Friday, December 4, 2015 at the Rogers Center from 7:00 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 two One Day All Alcohol license requests and the eleven One Day Wine & Malt license requests for Merrimack College for events on October 10, 16, 17, 22, 23, 24, 25, 29, 30, 31, November 6 and December 4, 2015, as presented. Vote approved 5-0. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS None NEW BUSINESS Osgood Solar, LLC application The Planning Board has received an OSGOD permit application from Osgood Solar, LLC. Per the Zoning Bylaw, Section 17.13.2, the Planning Board, acting as the Plan Approval Authority, must distribute and seek reviews of the application from the Board of Selectmen and other municipal departments. Dan Leary of PowerOwners, gave a power point presentation of the project. Attorney Michael Rosen was also present on behalf of the applicant. The applicant is proposing to build a 6MW solar facility at Osgood Landing that consists of roof mounted panels and carport canopies. The Board was concerned that one of the proposed carports would infringe on the area that was supposed to be developed as part of the 2007 plan when the zoning was changed to 40R. Board expressed their disappointment that the mixed use plan presented in 2007 for the property was never implemented. Currently, Osgood Landing is at slightly more than 50% occupancy. The chair invited the public to comment on the proposal. Larry MCCue of 136 Castlemere Place stated that he is disappointed the original plan was never executed, that a lot of work went into the plans and that the citizens of North Andover have been let down. He suggested they build the building that was in the original plan and place the panels on the new building, getting rid of the carport. In response to a question from the Board, the applicant stated the project would cost$12 million and construction would start in spring 2016. Linda McCue of 136 Castlemere Place stated that carports are unattractive and doesn't believe retailers would want to locate there with the carport. Town Manager, Andrew Maylor, commented that there is a question as to whether the solar panels add value, are neutral or are a detriment. Mr. Maylor asked the applicant if there was a way to make this project more in line with what was originally proposed for the site in 2007. The applicant stated that they will consider the following: designing the panels so they can be moved to the rooftops of any new building that is constructed, investigate moving panels further back from roadway and less in public view, and look into moving more onto the roof of the current building. Board of Selectmen Minutes September 28, 2015 4 The Board instructed the Town Manager to draft a letter to the Planning Board summarizing the Board's position. PUBLIC COMMENT None TOWN MANAGER'S REPORT: None ADJOURNMENT: Donald Stewart made a MOTION, seconded by Richard Vaillancourt, to adjourn the meeting at 9:20 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Documents used at meeting: Minutes of September 14, 2015 Commendation letter and certificate Bread & Roses flyer Ambulance billing proposal Memo regarding surplus equipment Memo regarding "Fill the Boot" drive Memo regarding preservation restriction Memo regarding affordable unit resale Columbia Gas of Massachusetts request Change of Manager request-Edgewood Change of Board of Directors request-Club 2104 Merrimack College one day license requests Memo regarding Osgood Solar application Power point presentation for Osgood Solar TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 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,SEPTEMBER 28,2015 at 7:00 PM TOWN HALL MEETING ROOM L CALL TO ORDER IL PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. September 14,2015 Open Session Minutes,as written IV. COMMUNICATIONS AND ANNOUNCEMENTS A. Recognition-Sgt. Daniel Lanen B. Introduction of new staff member-Marie Petto,Community Services Officer C. Update on technology/website-Chris McClure,Director of IT D. Affordable Housing Trust/Bread&Roses application seminars V. CONSENT ITEMS A. Proposal by Fire Department to increase ambulance billing rate B. Request to surplus equipment-Fire Department C. Request of Dan Pas of Local 2035 North Andover Fire Fighters to use rotary at the Old Center on Saturday,October 10,2015 for a"Fill the Boot'drive to benefit the Muscular Dystrophy Association D. Approval of Preservation Restriction Agreement for the Samuel Osgood House, 440 Osgood Street E. Affordable Unit Resale-2 Harvest Drive,Unit 104(Oakridge Village) F. Columbia Gas of Massachusetts request to excavate at 2 Marbleridge Road to install new gas service VL LICENSING COMMISSIONERS A. Change of Manager request-Edgewood Retirement Community B. Change of Board of Directors-Club 2104(VFW) C. Paul Gallant of Merrimack College requests: 1. One Day All Alcohol license for Onstagers Cabaret Performance on Saturday,October 10,2015 at the Rogers Center from 7:30 p.m.to 11:30 p.m. 2. One Day Wine and Malt license for Macktober Fest on Friday October 16,2015 on the Cullen Ave.Lawn from 4:00 p.m.to 8:00 p.m. 3. One Day All Alcohol license for a brunch on Saturday,October 17,2015 in the McQuade Library from 9:00 a.m.to 12:00 p.m. 4. One Day Wine and Malt license for Legacy Reception on Saturday,October 17,2015 at the Rogers Center from 3:00 p.m.to 6:00 p.m. 5. One Day Wine and Malt license for Cabaret Performance on Thursday,October 22,2015 at the Rogers Center from 7:00 p.m.to 10:00 p.m. 6. One Day Wine and Malt license for Cabaret Performance on Friday,October 23,2015 at the Rogers Center from 7:00 p.m. to 10:00 p.m. 7. One Day Wine and Malt license for Cabaret Performance on Saturday,October 24,2015 at the Rogers Center from 7:00 p.m.to 10:00 p.m. 8. One Day Wine and Malt license for Cabaret Performance on Sunday,October 25,2015 at the Rogers Center from 1:00 p.m.to 4:30 p.m. 9. One Day Wine and Malt license for Cabaret Performance on Thursday,October 29,2015 at the Rogers Center from 7:00 p.m.to 10:00 p.m. 10. One Day Wine and Malt license for Cabaret Performance on Friday,October 30,2015 at the Rogers Center from 7:00 p.m.to 10:00 p.m. 11. One Day Wine and Malt license for Cabaret Performance on Saturday,October 31,2015 at the Rogers Center from 7:00 p.m.to 10:00 p.m. 12. One Day Wine and Malt license for New Black Eagle Jazz Band on Friday,November 6,2015 at the Rogers Center from 7:00 p.m.to 10:00 p.m. 13. One Day Wine and Malt license for Capital Jazz Orchestra on Friday,December 4,2015 at the Rogers Center from 7:00 p.m.to 10:00 p.m. VII. OLD BUSINESS VIII. NEW BUSINESS A. Osgood Solar LLC Application IX. PUBLIC COMMENT X. TOWN MANAGER'S REPORT A. "Ask the Manager" XL NEXT MEETING DATE Monday,October 19,2015 X1I. ADJOURNMENT Approval of Minutes' j BOARD OF SELECTMEN MINUTES September 14, 2015 CALL TO ORDER: Chairman Tracy Watson called the meeting to order at 7:05 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 5 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 August 31, 2015 Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS: Introduction of new staff member- Marie Petto, Community Services Officer Community Services Officer, Marie Petto, was unable to attend and will be at the next meeting to be introduced. Changes to Board of Selectmen meeting dates Due to a work conflict, Selectmen DeCologero is requesting the meeting on November 2nd be moved. The Board discussed having the meeting on November 3rd The Town Manager announced that they will most likely be moving the meetings out of the Board of Selectmen meeting room when construction begins at Town Hall because of concern about the number of people that can attend due to limited egress. The meeting room at the new School Administration Building is available. Job posting/vacancy log Included in the packets was the Job posting/vacancy log provided by the Human Resources Department. Other communications and announcements Selectmen Smedile announced the North Andover Women's Club is celebrating 80 years with a high tea at Stevens Estate on September 20, 2015. Selectmen Vaillancourt announced the North Andover Merchant's Association Fall Festival is on September 26, 2015 at the Common. Chair Watson added that the St. Vincent de Paul Walk for the Poor will be on the same day at the Common in the morning. Town Manager, Andrew Maylor, presented the plans for the West Mill. The middle building, which is not a historic building is being torn down. CONSENT ITEMS: Appointment of Andrew G. Mitchell to Sustainability Committee The Appointment Subcommittee recommended Andrew G. Mitchell be appointed to the Sustainability Committee for a term ending June 30, 2017. Phil DeCo/ogero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen appoint Andrew G. Mitchell to the Sustainability Committee for a term ending June 30, 2017. Vote approved 5-0. Proposal by Fire Department to increase ambulance billing rate This item was moved to the September 28, 2015 meeting. Board of Selectmen Minutes September 14, 2015 2 Columbia Gas of Massachusetts request to excavate at 10 East Water Street to replace the gas main 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.' Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve the request of Columbia Gas of Massachusetts to excavate at 10 East Water Street to replace the gas main, as presented. Vote approved 5-0. Approval and execution of documents related to Bradstreet development, including Tripartite Agreement and First Amendment to Land Development Agreement Copies of the Tripartite Agreement and First Amendment to Land Development Agreement for the Bradstreet project were provided to the Board. These documents bind the developer and their lender to deliver the buildings that the Board approved on an agreed upon schedule. Town Counsel reviewed the documents. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen approve and sign the Tripartite Agreement and First Amendment to Land Development Agreement for the Bradstreet project as presented. Vote,approved 5-0. LICENSING COMMISSIONERS: Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Smolak Farms requests: 1.One Day All Alcohol License for Class, Inc. Staff Appreciation BBQ on Friday, September 18, 2015 from 6:00 p.m. to 10:00 p.m. 2.One Day Wine and Malt License for Lynda Sousa for a Baby,Shower on Sunday, September 27, 2015 from 12:00 p.m. to 6:00 p.m. 3.One Day All Alcohol License for Law Office of Michael Lombard for Staff Appreciation Event on Thursday, October 1, 2015 from 3:00 p.m. to 8:00 p.m. 4.One Day All Alcohol License for Mellonakas wedding reception on Friday;October 2, 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 3 One Day All Alcohol licenses for Smolak Farms for events on September 18 2015 from 6-10 p.m., October 1, 2015 from 3-8 p.m. and October 2, 2015 from 5-10 p.m., as presented, and a Wine and Malt license for Smolak Farms for a baby shower on September 27, 2015 from 12-6 p.m. Vote approved 5-0. Paul Gallant of Merrimack College requests a One Day Wine and Malt License for a Campus Block Party in the Sakowich Parking Lot on September 18 2015 from 5:00 p.m. to 11:00 p.m. Rosemary Smedile made a MOTION, seconded by Tracy Watson, that the Board of Selectmen, acting as Licensing Commissioners, approve the One Day Wine & Malt license for Merrimack College for a Campus Block Party in the Sakowich Parking Lot on September 18, 2015 from 5:00 p.m. to 11:00 p.m. Vote approved 5-0. Public Hearing Public Hearing (continued from 8/31/15)-Richdale (Artie's Corner)-4 Main Street-alleged liguor license violation This public hearing was continued due to the manager, Mohammed Alam, not being available to attend the last meeting. Chair Vaillancourt explained the presentation of the facts was done at the last meeting and Attorney Vaughan had stipulated to those facts as presented. Mr. Alam was present and was sworn in by Town Clerk, Joyce Bradshaw. Attorney Vaughan spoke on behalf of Mr. Alam. Attorney Vaughan explained that the confusion regarding the whereabouts of Nasral Ezaz, the person who sold the beer was due to the police misinterpreting "318 Sutton Street" for"318 Second Street". Mr. Alam owns 318 Sutton Street which is where Mr. Ezaz was staying. Attorney Vaughan attempted to contact Mr. Ezaz but was unable to reach him. Mr. Alam has not spoken with Mr. Ezaz since the incident. Mr. Alam apologized for the incident and took responsibility. Mr. Alam indicated he and his wife work full time and they have one part time employee. Chair Vaillancourt explained that putting someone behind the counter that is not an employee or trained is irresponsible. Mr. Alam indicated that he is TIP certified. Mr. Alam owns another store in Merrimack, MA where his sister in law and brother in law work and they cover for him and his wife if needed. They are both TIP certified. Board of Selectmen Minutes September 14, 2015 3 Rosemary Smedile made a MOTION, seconded by Tracy Watson, that Board of Selectmen close the public hearing. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Phil DeCologero, that Board of Selectmen find that on May 28, 2015 at Richdale(Artie's Corner), 4 Main Street, a liquor license violation did occur pursuant to 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. Tracy Watson made a MOTION, seconded by Donald Stewart, that the Board of Selectmen impose the penalty of a 1 day suspension to occur on Tuesday, September 29, 2015 on Richdale (Artie's Corner), 4 Main Street, for violation that occurred on May 28, 2015 and that all employees must be TIP certified within 45 days of employment and trained in the use of the ID machine. 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 None TOWN MANAGER'S REPORT:' The Town Manager explained that the budget process is beginning and the selectmen will need to schedule their strategic planning meeting within the next few weeks. Also, at an upcoming meeting, the IT Director, Chris McClure,will come and explain some of the changes that are happening with IT. The website is being updated, the Town is slowly migrating to a new domain (www.northandover.ma.gov), consolidating town and school payroll and moving to an electronic permit application. August 2015 Incident Report from Fire Department Included in the packets was the August 2015 Incident Report provided by the Fire Department. August 2015 Crime Statistics from the Police'Department Included in the packet was the August 2015 Crime Statistics Report provided by Police Chief Gallagher. ADJOURNMENT: Donald Stewart made a MOTION,seconded by Rosemary Smedile, to adjourn the meeting at 8:07 p.m. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant Phil DeCologero, Clerk of the Board Board of Selectmen Minutes September 14, 2015 4 Documents used at meetinq: Minutes of August 31, 2015 Board of Selectmen meeting schedule Job posting/vacancy log Subcommittee appointment information Ambulance billing rate proposal Columbia Gas request Bradstreet development agreements Smolak Farms one day license requests Merrimack College one day license request Memorandum with attach ments-Rich dale alleged violation August 2015 Fire Department Incident Report August 2015 Crime Statics Report West Mill advertisement Communications And Announcements NORTH ANDOVER POLICE ---Community Partnership--- The Office of Chief Paul J.Gallagher September 21,2015 Sergeant Daniel P. Lanen 1475 Osgood Street North Andover, MA 01845 RE: Chief s Commendation Sergeant Lanen: It is with great pride that I write this letter of commendation for your actions on September 11, 2015. On that date, at approximately 12:00 PM you were on a private detail and going to the North Andover Mall on your lunch break. While enroute, you observed a car pulled over to the side of the road and a female lying in the road unconscious. You immediately recognized the signs and symptoms of an opioid overdose and, as the department medical officer, took appropriate action. You took your NARCAN kit from your duty bag that you carried on the detail and administered the medication. You then performed rescue breathing on the female with the help of responding officers until the North Andover Fire Department arrived at which point you transferred care to them. The female was transported to the hospital where she was treated and released. Your actions were an example of exemplary police performance. As the department medical officer you assisted the department's distribution of NARCAN and overseeing the training that goes with it. As a result of your training, you saved this woman's life. Congratulations on a job well done. Sincerely, e Chief Pa .'GA er 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone: 978-683-3168 Fax: 978-685-0249 Certificate 'of Commendation Presented to Sergeant Daniel Lanen For your actions on September 11, 2015 at the North Andover Mall where you noticed a woman suffering from an opiate overdose and administered NARCAN. Were it not for your quick thinking and immediate actions, the outcome would have been far more serious. The North Andover Board of Selectmen commend you for your immediate response, knowledge, and willingness to assist people in distress. You are a credit to yourself, the North Andover Police Department and the community. Thank you on behalf of the Town of North Andover. y � . p OAPresented by the North Andover Board of Selectmen September 28, 2015 Tracy M. Watson, Chairman e I�read & Roses �G iir Jllr Housing Bread & Roses Housing Community Land Trust in partnership with the North Andover Affordable Housing Trust is opening its application process for two (2) Affordable Home Ownership Opportunities 64-66 May Street North ndove , MA bedroom, 2 bath Duplex Selling Pricei $175.,000 Perpetual affordability and owner-occupancy restrictions apply. Application :eminarf! Applications will be available at application seminars only. Tuesday, September , 2015 @ 6 P Board elect tin 120 Main street or TuesdaV, October 6., 2015 @ 6 PM Stevens Library ® 345 Main Street To be eligible you must be a first time homebuyer with household income less than of 80%AML• 2 persons® $52,650 3 persons ® $59,250 4 persons - $65,800 5 persons - $71,100 Local preference for applicants who are residents of North Andover,worn in North Andover,and/or have children attending school in North Andover Attendance at one of the above seminars is required. All questions about this opportunity as well as the application process,eligibility requirements,affordability restrictions,etc.will be answered at the meeting. . E OVAL ROOM OPPORTONITY Consent Items AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 24, 2015 Re: Ambulance Billing Proposal Attached is a proposal submitted by Fire Chief Andrew Melnikas recommending an increase in the Basic Life Support Emergency Ambulance Billing rate from$804.61 to$965.53.The proposal is also recommending the town consider billing for special services which are currently included in the ambulance rate, such as extra EMT and medications. n /r � n Town of North Andover Fire Department %jv"" IMS, Ambulance Billing Service Ambulance Billing 1 n osal: The North Andover Fire Department presents this Ambulance Billing Proposal as the rates for Ambulance Service have not been increased in the past several years. This proposal takes into consideration the complete management of the Town's Emergency Medical Services system from responding to a call requesting medical assistance to providing patient care and transport to account management of ambulance billing. The scope of services that the fire department currently provides has increased significantly over the past several years giving our patients a greater chance of survival. Ambulance Rate Last Increased: 2010 Comparable Rate Charges: • NAFD Current BLS Emergency Rate Average: $ 804.61 • Comstar MA Client BLS Emergency Rate Average: $ 969.00 • Comstar Top 50 BLS Emergency Rate Average: $1,205.00 Current Rates: Charges Center for Medicare&Medicaid Services NA Current Rates BLS Emergency $378.41* $ 804.61 BLS Non-Emergency $236.51 $ 496.28 ALS Emergency $449.36 $ 955.48 ALS2 Emergency $650.39 $ 1,382.92 Special Care Transport $768.65 $ 1,634.36 Mileage $ 7.16 $ 32.73 Airway $ 0.00 $ 293.34 Defibrillation $ 0.00 $ 258.77 Oxygen $ 0.00 $ 120.77 Extra EMT $ 0.00 $ 0.00 C-Spine $ 0.00 $ 0.00 Epi-Pen $ 0.00 $ 0.00 BLS Medications $ 0.00 $ 0.00 Refusal of Care $ 0.00 $ 0.00 *Includes CMS Inflation Factor of 2.0%for 2015 2 Ambulance Services Delivery Levels: Basic Life Support(BLS)-Emergency:When medically necessary,the provision of BLS services, as specified above, in the context of an emergency response. An emergency response is one that, at the time the ambulance provider is called, it responds immediately. An immediate response is one in which the ambulance provider begins as quickly as possible to take the steps necessary to respond to the call. An emergency is a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical condition could reasonably be expected to result in placing the patient's health in serious jeopardy; impairment to bodily functions;or serious dysfunction to any bodily organ or part. Basic Life Support(BLS)—Non Emergency:Ground transportation and the provision of medically necessary supplies and services, including BLS ambulance services as defined by the State. The ambulance must be staffed by an individual who is qualified in accordance with State and local laws as an emergency medical technician-basic(EMT-Basic). BLS provides techniques and skills included in an EMT basic training course to individuals as they are transported to the nearest hospital. Advanced Life Support, Level 1(ALS1): When medically necessary,the provision of an assessment by an ALS provider or the provision of one or more ALS intervention.An ALS provider is defined as a provider trained at the level of EMT- Intermediate or Paramedic as defined in the National EMS Education and Ambulance Services Delivery Levels (cont.): An ALS intervention is defined as a procedure that is in accordance with State and local laws, required to be performed by an EMT-Intermediate or EMT-Paramedic. Advanced Life Support, Level 1(ALS1): Emergency:When medically necessary,the provision of ALS1 services, as specified above, in context of an emergency response.An emergency is a sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity such that the absence of immediate medical condition could reasonably be expected to result in placing the patient's health in serious jeopardy; impairment to bodily functions;or serious dysfunction to any bodily organ or part. Advanced Life Support, Level 2(ALS2): When medically necessary,the administration of three or more different medications and the provision of at least one of the following procedures: • Manual defibrillation/cardioversion; ® Endotracheal intubation; '... • Central venous line; • Cardiac pacing; • Chest compression; • Surgical airway; or Intraosseous line Specialty Care Transport(SCT): When medically necessary, interfacility transportation of a critically injured or ill patient by ground ambulance, at a level of service beyond the scope of the EMT-Paramedic. This is necessary when a patient's condition requires ongoing care that must be provided by one or more health professionals in an appropriate specialty area, e.g., nursing, medicine, respiratory care, cardiovascular care or a paramedic with additional training. 3 tll Payor Groups Calendar Year 2014: Insurance Total Transports Total Collected Percent Collected Blue Cross 220 $195,282.98 - 96.22% Medicaid 240 $ 5 Uff.87 92.25% Medicare 966 $386,288.27 99.23 Other Insurance 353 254,008.46 86.40% No Insurance 139 33 353.87 25.40% Grand Total Collected: $925,953.45 Total payments from non-contracted payers: $482,645.31 Inflation Factor by Year: 2010: 1.6% 2011:3.2% 2012: 2.1% 2013: 1.5% 2014: 1.6% Total: 10.0 Why Raise Rates: Cost of Doing Business • Contractual Obligations • Insurance • Fuel Cost • Ambulance Maintenance • Ambulance Replacement(Currently Down Spare Ambulance) • Ambulance Licensing Fees • Controlled Substance Registration Fee • CLIA Waiver Fee • Advanced Training/Skill Set • Cost increase of ePCR Software Upgrade • Increase in cost of medical supplies • Stretcher/Stairchair Preventative Maintenance • AED Annual Preventative Maintenance/Calibration • Comstar Ambulance Billing Contract(3.5%) • EMS Training(NREMT/Scope of Practice Transition July 2013) 4 Increase cost of medications Medications: (Current Pharmacy Agreement: Billed at Fair Market Value) • Intranasal Naloxone: ($44.99) in service since 2014 • Albuterol: ($42.59/25) in service since 2014 • Sodium Chloride: ($22.99/100) in service since 2014 • Glucose: ($6.79 ea) in service sine 1994 • Aspirin: ($41.19/box 750) in service since 1994 • Epi Pen Adult: ($420.00 Pkg/2) in service since 1994 • Epi Pen Junior: ($420.00 Pkg/2) in service since 1994 *Currently medications administered to patients are covered by the Ambulance Line item and not billed to the patient. (Rates provided above.) Recommendations: • Increase BLS Emergency rate by 20%which would generate an additional$96,529.06. This rate increase would reflect the inflation factor for the past five(5)years and also take into consideration many of the above listed expenses that would help offset the cost of doing business. New BLS Emergency rate would be$965.53. This rate increase would bring the North Andover Fire Department right in line with the Massachusetts Client Average of Comstar Ambulance Billing Clients. • Rates for services currently not invoiced should be considered. (Extra EMT, BLS Medications, Epi-Pen) Neighboring communities charge a flat rate of$250.00 for BLS Medications and $250.00 for an Extra EMT. Raising rates would not affect the elderly as they have contracted rates through CMS. Items that should be considered: • Contracted Services line item for Advanced Life Support(ALS). Who receives bill from LGH? Is it verified? When are we billed for services? When was last time the LGH contract for ALS was revisited? Middleton Fire ALS? Patriot Ambulance ALS? • Who receives monthly reports from Comstar Ambulance Billing and are they verified? Are the unbillables verified? • Can a link be created between Comstar Ambulance Billing and MUNIS to ensure accurate billing? (Match ambulance billing with account receivables.) ® When was the Comstar Ambulance Billing contract last reviewed? '.. 5 References: ® Comstar Ambulance Billing ® www.cros.gov/Medicare/Medicare-Fee-for-Service-Payment ® www.mooremedical.com ® www.usinflationcalculator.com/inflation/historical-inflation-rates/ Prepared by: Jeffrey Deschenes North Andover Fire Department 124 Main Street North Andover, MA 01845 6 w " A AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 24, 2015 Re: Surplus equipment-Fire Department Attached is a request from Fire Chief Melnikas to surplus ten (10)turnout coats and twenty(20) bunker pants. All items have passed their useful life. TOWN OF NORTH AND01/1',R I-I'hT hl',VeHlion Office Centr,d F��,e He4idquat,tc�'s �2d MMN STREET N(DR-TH ANDOVER, NIASSACI[USETTS W 945 ,Yek-T)hone(978) 688-9593) FAX (978) 688-9594 Andr(nv aine&fikas I-Ire Chief, Ifillhun HeCffl,d)y Depw)) Fire Chiqf cow September 18, 2015 To: Andrew Maylor, Town Manager From: Andrew Melnikas, Fire Chief Re: Surplus Protective gear I am respectfully requesting that the following be declared surplus: Ten (10)turnout coats, and twenty (20) bunker pants. This equipment has been in the basement of Fire Headquarters for several years. As a result of its' age, it cannot be used by the members of the Fire Department, even while they are at the Fire Academy. My intention, if it is declared as surplus, is to donate it to third world countries. This has been done previously by the Fire Department. . Respectfully, Andrew Melnikas, Fire Chief 1 AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 24, 2015 Re: Fill the Boot Drive Request from: Dan Pas, president of Local 2035 North Andover Firefighters For: Approval to use the Old Center rotary on Saturday, October 10, 2015 for a "Fill the Boot" drive to benefit Muscular Dystrophy Association. Reviewed by: Police Department Notes: No conditions Fire Department Notes: No conditions Public Works Notes: No conditions To: Maylor, Andrew<amaylor @northandoverma.gov> Subject: MDA Boot Drive Good Morning Mr. Maylor, Local 2035 North Andover Firefighters would like to run a Fill The Boot Drive here in North Andover. I have contacted the MDA and they have sent me their INS. Policy that covers all those who choose to participate. I was wondering what channels I would need to go through to get this approved. We were looking at October 10`h which is a Saturday and would like to stage at the Old Center Rotary. If you have any questions or concerns please let me know. I can also have the state MDA rep. available for any questions or come to a selectmen's meeting. Thanks and have a great day. Daniel Pas President Local 2035 North Andover Firefighters E-Mail: dpas @townofnorthandover.com Cell: (978) 853-2040 2 TOWN OFNOIk"111 ANDOVER Fire F��'( I.Ncvc'n6oli Offi(x" c,� � Flu�.,, I 1(,.aad q t�a rler,,', 124 NIAH� I STREL,"T N,K)RIII ANI')0VFI'R,, MASSA(A H M9,15 Telej;)hoi�e(978) (,)88-9593 0 FAX (978)688-9594 Anckew AA.4nikas Fire Ve --- -a------------------------------------------ Lf Predorick Mc.Carthy Vire Prevenlion (�/ licer September 24, 2015 To: Laurie Burzlaff, Executive Assistant to the Town Manager From: Andrew Melnikas Re: Boot Drive, October I oth The Fire Department has reviewed the request from Local 2035 to have a Boot Drive on October 10th. The Fire Department does not have any issues with this request. ZAn ewMelnikas, ew ire 'tire Chief ef i, ;ink "'R NORTH ANDOVER K r, Y y,. L+/ ...Community Partnership... Operations Division Lieutenant Charles P. Gray TO: Laurie Burzlaff FROM: Lieutenant Charles Gray �I RE: Request from North Andover Fire Department Local 2035 DATE: September 24, 2015 Please be advised that the proposal has been attached has been reviewed. The person making this request has been in touch with the police department and a safety plan was discussed. Officers will also be making frequent check of the event to ensure the safety of the participants as well as monitoring motor vehicle traffic. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone 978-683-3168 Fax:X778-681-'1172 INTEROFFICE MEMORANDUM DATE: September 28, 2015 TO: Laurie Burzlaff, Executive Assistant FROM: Bruce Thibodeau CC: RE: Fire Department Boot Drive The Division of Public Works has no objection to the request from North Andover Firefighters to hold the "Boot Drive" on October 10, 2015 at the Old Center Rotary If they need any assistance from the DPW,please have him contact my office. • � ro r • �i u, AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 24, 2015 Re: Preservation Restriction The Board is being asked to approve the preservation restrictions being placed on the Samuel Osgood House at 440 Osgood Street in order to make the restrictions perpetual. The North Andover Historical Commission voted to approve the Preservation Plan for the Samuel Osgood house and recommends the Board approve the preservation restrictions. NORTH ANDOVER won xfi HISTORICAL COMMISSION To: North Andover Selectmen September 23, 2015 From: North Andover Historical Commission RE: Preservation Plan/Restrictions for the Samuel Osgood House, 440 Osgood Street,North Andover, MA On September 14, 2015, Mr. Joseph Cornish, of Historic New England, met with the Commission to request the Commission's approval of Historic New England's Preservation Plan for the Samuel Osgood House, located at 440 Osgood Street. Under the terms of the agreement Historic New England will be the holder and enforcer of the Preservation Restrictions on the house in perpetuity. State law requires that the Town Selectmen approve of the 1 NE Preservation Plan. On September 14,2015,the North Andover Historical Commission voted unanimously to approve Historic New England's Preservation Plan for the Samuel Osgood House. We recommend that this plan be approved by the North Andover Selectmen. Sincerely, Kathleen Szyska, Chair North Andover Historical Commission APPROVAL OF PRESERVATION RESTRICTIONS Pursuant to General Laws, Chapter 184, Section 32 Samuel Osgood House 440 Osgood Street North Andover, Massachusetts The undersigned members of the Board of Selectmen in the Town of North Andover, Massachusetts hereby certify that the Preservation Restrictions dated September , 2015 and recorded at the Essex County North District Registry of Deeds in Book , Page on the Premises shown as Lot 2A on that certain plan entitled "Plan of Land Located at 440 Osgood Street in North Andover, MA, Prepared for Arthur and Martha Larson," dated April 10, 2015, prepared by County Land Surveys, Inc., and recorded with the Essex County North District Registry of Deeds (the "Registry") on September 1, 2015, as Plan 17327, being a portion of the land described in that certain deed recorded with the Registry in Book 9381, Page 272, and also known as the Samuel Osgood House, so called, located at 440 Osgood Street, North Andover, Massachusetts have been approved pursuant to Massachusetts General Laws, Chapter 184, Section 32. In approving these restrictions,the Town of North Andover assumes no responsibility, nor accepts any liability for enforcement. As they are the members of the Board of Selectmen for the Town of North Andover Tracy M. Watson, Chair COMMONWEALTH OF MASSACHUSETTS County of Essex, ss. On this 28t" day of September, 2015, before me, the undersigned notary public, personally appeared Tracy M. Watson, Selectman, proved to me through satisfactory evidence of identification, which was personally known 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 Selectman for the Town of North Andover. Notary Public My commission expires: Phil DeCologero, Clerk i COMMONWEALTH OF MASSACHUSETTS County of Essex, ss. On this 28th day of September 2015, before me,the undersigned notary public, personally appeared Phil DeCologero, Selectman, proved to me through satisfactory evidence of identification, which was personally known 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 as Selectman for the Town of North Andover. Notary Public My commission expires: Donald B. Stewart, Selectman COMMONWEALTH OF MASSACHUSETTS County of Essex, ss. On this 281h day of September, 2015, before me, the undersigned notary public, personally appeared Donald B. Stewart, Selectman, proved to me through satisfactory evidence of identification, which was personally known, 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 as Selectman for the Town of North Andover. Notary Public My commission expires: Rosemary Connelly Smedile, Selectman COMMONWEALTH OF MASSACHUSETTS County of Essex, ss. On this 28th day of September, 2015, before me, the undersigned notary public, personally appeared Rosemary Connelly Smedile, Selectman, proved to me through satisfactory evidence of identification, which was personally known, 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 Selectman for the Town of North Andover, Notary Public My commission expires: Richard M. Vaillancourt, Selectman COMMONWEALTH OF MASSACHUSETTS County of Essex, ss. On this 281h day of September , 2015, before me, the undersigned notary public, personally appeared Richard Vaillancourt, Selectman, proved to me through satisfactory evidence of identification, which was personally known, 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 as Selectman for the Town of North Andover, Notary Public My commission expires: PRESERVATION RESTRICTION AGREEMENT SOCIETY FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES The Parties to this Preservation Restriction Agreement (this "Agreement") are the SOCIETY FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES, D.S.A. HISTORIC NEW ENGLAND, a Massachusetts charitable corporation having an address at Harrison Gray Otis House, 141 Cambridge Street, Boston,Massachusetts 02114-2702, (hereafter "Grantee") and ARTHUR D. LARSON and MARTHA J. LARSON having an address at 440 Osgood Street,North Andover, MA 01845-2922, as tenants in common(herein together with their heirs, successors, administrators and assigns called "Grantor"). RECITALS Grantor is the owner in fee simple of certain property known as the Samuel Osgood House, located at 440 Osgood Street,North Andover, Massachusetts, consisting of approximately 102,601 square feet/2.36 acres of land, shown as Lot 2A on that certain plan entitled"Plan of Land Located at 440 Osgood Street in North Andover, MA, Prepared for Arthur and Martha Larson," dated April 10, 2015, prepared by County Land Surveys, Inc., and recorded with the Essex County North District Registry of Deeds (the"Registry") on September 1, 2015, as Plan 17327, a copy of which is attached as Exhibit A hereto, together with all improvements thereon (the "Premises"). The Premises arc a portion of the land described in that certain deed (the "Deed"),recorded with the Registry in Book 9381,Page 272. The Premises are also shown in the photographs and diagrams attached as Exhibits B, C and D hereto. The buildings protected by this Agreement consist of the Samuel Osgood House (the "Osgood House"),the carriage shed (the "Carriage Shed"), the carriage barer(the "Carriage Barn"), and the garage (the "Garage") as labeled and more particularly shown in Exhibits B, C and D. Grantor: Arthur D.Larson and Martha J.Larson Grantee: Society for the Preservation of New England Antiquities,D.B. A. Historic New England Address of property: 440 Osgood Street,North Andover, Massachusetts Title Reference:Essex County North District Registry of Deeds Book 9381,Page 272 Grantee is a charitable corporation created in 1910 and exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code. By its Articles of Organization and By-Laws, Grantee is authorized to create, impose, accept and enforce preservation restrictions to protect sites and structures historically.significant for their architecture, archaeology or other associations. The Osgood House is historically significant and worthy of preservation. The house was constructed circa 1740 by Captain Peter Osgood(1717-1801),who married Sarah Johnson in 1743 and had six children including Samuel Osgood(1747-1813) for whom the house is named. Samuel was a member of the Massachusetts Constitutional Convention of 1779,member of the Continental Congress (1781), Director of Bank of North America(1781), and the first Postmaster General of the United States. Local tradition maintains that during the British occupation of Cambridge, Massachusetts during the Revolutionary War,books from Harvard's library were stored at the house for safekeeping. Following the death of Captain Peter Osgood in 1801 the house was inherited by his youngest son, Captain Timothy Osgood (1762-1842)who served as Captain of the horse guard for General George Washington during the Revolutionary War. Captain Timothy Osgood married Sarah Farnum in 1788 and they had eleven children. The property was inherited by Captain Timothy Osgood's eldest son,Henry Osgood(1791- 1865)in 1842. The house remained owned by Osgood family descendants until the end of the nineteenth century when it was acquired by the Stevens Family as part of their mill business located across the street from the house. During this time the house was occupied by Elbridge Hosmer, a machinist and later supervisor at the Stevens Mill, and several boarders. The house was owned by Mary Stevens Tyler from 1930 to 1939 when it was purchased by Archibald and Margaret Howe. The Howes owned the property until 1972 when it was purchased by current owners Arthur and Martha Larson. The building retains its original character and is an important example of Georgian style architecture, materials and workmanship in the Commonwealth of Massachusetts. In recognition of these qualities,the Osgood House was individually listed on the National Register of Historic Places in 1974. The Osgood House is comprised of a two-and- one-half story, east-facing main block(the "Main Block"), a one-story entry porch (the "South Entry Porch") attached to the cast facade of the Main Block, a one-story addition(the "North Addition")attached to the north elevation of the Main Block, and a two-story rear ell(the "Rear Ell") attached to the west elevation of the Main Block. The open space of the Premises protected by this agreement consists primarily of open lawn and gardens and provides a natural setting that complements the historic structures on the Premises,thereby endowing the Osgood House with scenic,natural and aesthetic value and significance. Massachusetts General Laws, Chapter 184, Sections 31-33, authorizes the creation and enforcement of preservation restrictions appropriate to the preservation of a site or structure for its historical significance and for its natural, scenic and open condition. Grantor and Grantee recognize the historic, architectural, cultural, scenic and aesthetic value and significance of the Premises, and have the common purpose of conserving and preserving the aforesaid value and significance of the Premises. To that end, Grantor desires to grant to Grantee, and Grantee desires to accept,the Preservation Restrictions set forth in this Agreement, pursuant to Massachusetts General Laws, Chapter 184, Sections 31-33. 2 NOW, THEREFORE, in consideration of One Dollar ($1.00),receipt and sufficiency of which are hereby acknowledged, Grantor does hereby grant, release and convey to Grantee, its successors and assigns this Preservation Restriction Agreement in perpetuity, in and to the Premises, as follows. 1. RECITALS,DEFIMTIONS_AND EXHIBITS. 1.1 Recitals. The parties acknowledge that the recitals set forth above are true and correct and are hereby trade a part of this Agreement. 1.2 Definitions. 1.2.1 `Addition." "Addition" shall mean and include all con_ struction attached to the Osgood House, Carriage Shed, Carriage Barn or. Garage in any way, and any subsequent construction that attaches to any such addition, including, without limitation, a deck, porch,ramp, stair or landing. 1.2.2__ "Structure." "Structure" shall mean any combination of materials assembled at a fixed location to give support or shelter,including,without limitation, a building, deck, ramp, arbor,trellis, si&n,paving, fencing, walls, game courts, swimming pools and poles (utility and otherwise). 1.2.3 "Facade(s) and Elevation(s)." "Facade(s) and elevation(s)" shall include,without limitation, all exterior doors, door frames,windows, window sash,window flames,wall sheathing, clapboards,panels, transoms, cornices, moldings and other decorative elements and all other elements, whether decorative or structural, which support any of the foregoing. For convenience of reference, the front elevation of the Osgood House,facing Osgood Street shall be called the east facade, the rear elevation of the Osgood House shall be called the west elevation and the other elevations of the Osgood House shall be called the north and south elevation, based upon such elevation's orientation relative to the east facade. 1.2.4 "Protected Features." "Protected Features" shall mean those historical, architectural and landscape features protected pursuant to Sections 2 and 3 of this Agreement. 13 Exhibits. 1.3.1 Plans. Plans entitled "Floor Plan" and "Site Plan" are attached as Exhibits C and D respectively and incorporated herein by this reference. 1.3.2 Documentary Photolzraphs. In order to establish with more certainty the condition of the buildings and the character of the Protected Features as of 3 the date hereof, attached hereto as Exhibit B and incorporated herein by this reference are copies of seventeen(17) exterior photographs taken by J. David Bohl on July 7, 8, 9 and 10, 2015, and sixty(59) interior photographs taken by J. David Bohl on July 7, 8, 9 and 10, 2015, together with an affidavit specifying certain technical and locational information with respect to such photographs. It is stipulated between Grantor and Grantee that such copies accurately represent the condition of the Osgood House, Carriage Shed, Carriage Barn, Garage and the Premises and the character of the Protected Features on the date hereof and as of the date this Agreement is first recorded with the Registry. 2. EXTERIOR RESTRICTIONS. Grantor agrees that, without the prior written approval of Grantec, no activity shall be undertaken which Grantee determines will alter or adversely affect the appearance,materials, workmanship or structural stability of the following exterior portions of the Osgood House, Carriage Shed, Carriage Barn and Garage as they exist as of the date of this Agreement, documented in the photographs attached hereto as part of Exhibit B: Osgood House, Carriage Shed, Carriage Barn and Garage: 2.1 all facades and elevations (Exhibit B 55241-A; 55243-A to 55257-A); 2.2 the massing and profiles of the roofs; skylights, dormers or other roof additions being expressly forbidden(Exhibit B 55241-A; 55243-A to 55257-A); 2.3 all chimneys of the Osgood House (Exhibit B 55243-A to 55246-A; 55248-A); 2.4 all foundations-(Exhibit B 55241-A; 55243-A to 55257-A); and Site: 2.5 the boulder and plaque commemorating the life of Samuel Osgood located southeast of the Osgood House (Exhibit B 55241-A; 55242-A). 3. INTERIOR RESTRICTIONS. Grantor agrees that, without the prior written approval of Grantee,no activity shall be undertaken which Grantee determines will alter or adversely affect the appearance, materials, workmanship or structural-stability of the following interior portions of the Osgood House, Carriage Shed and Carriage Barn as they exist as of the date of this Agreement, documented in the photographs attached hereto as part of Exhibit B: Osgood House, Carriage Shed and Carriage Barn: 3.1 all structural members and framing, including but not limited to, interior beams, 4 posts, girts,plates, studs, sheathing boards, rafters, purlins,masonry walls and masonry piers (Exhibit B 55258-A to 55316-A); Osgood House - Main Block; 3.2 the space configuration and door locations at all first and second story rooms, halls and stairhalls,with the exception of all bathrooms and the northeast chamber's southwest closet(Exhibit B 55258-A to 55289-A; 55292-A to 55295- A; 55298-A to 55305-A); 3.3 all floors of all first and second story rooms, halls and stairhalls, and at the attic, with the exception of all bathrooms (Exhibit B 55258-A to 55272-A; 55274-A to 55289-A; 55292-A to 55295-A; 55298-A to 55311-A); 3.4 all plaster walls and ceilings at all first and second story rooms, halls and stairhalls, with the exception of all bathrooms and the northeast chamber's southwest closet (Exhibit B 55258-A to 55272-A; 55274-A to 55289-A; 55292-A to 55295-A; 55298-A to 55305-A); 3.5 all woodwork (excepting all built-in shelving) including but not limited to doors, door casings, window sash,window casings, window shutters, cornices, baseboards, paneling,wainscoting, stairs, railings, balusters,newels, and other decorative elements and any paint thereon at all first and second story rooms, halls and stairhalls, with the exception of all bathrooms and the northeast chamber's southwest closet (Exhibit B 55258-A to 55289-A; 55292-A to 55295- A; 55298-A to 55305-A); r 3.6 all fireplaces and hearths in their entirety, including any attached iron or brass hardware,whether decorative or functional (Exhibit B 55263-A; 55268-A; 55274- A; 55277-A; 55280-A to 55282-A; 55289-A; 55293-A; 55294-A; 55298-A; 55300-A; 55301-A; 55304-A); 3.7 all door hardware at all first and second story rooms, halls and stairhalls, with the exception of all bathrooms and the northeast chamber's southwest closet (Exhibit B 55258-A to 55261-A; 55263-A to 55266-A; 55268-A to 55272-A; 55274-A; 55276-A to 55287-A; 55289-A; 55292-A to 55294-A; 55298-A; 55300-A to 55302-A; 55304-A; 55305-A); 3.8 the evidence of early paint at the first story north hall(Exhibit B 55270-A; 55271- A); 3.9 the evidence of decorative paint at the window seat in the northeast parlor (Exhibit B 55266-A; 55267-A); and 5 3.10 the re-used summer beam at the cellar located west of the south chimney's base (Exhibit B 55314-A). 4. REVERSIBLE ALTERATIONS. Grantee shall approve the activities identified below, except as noted below,provided that Grantee first determines that the proposed activity will not alter or adversely affect any Protected Features: 4.1 installation of three-tab black or charcoal asphalt shingle or wood shingle roof coverings on the roofs of the Osgood House, Carriage Shed, Carriage Barn and Garage; 4.2 installation of screens, storm windows, storm doors or window-mounted air- conditioning units; 4.3 installation of insulation at the attic floor or in the cellar,provided that no insulation shall be blown-in inside any vertical wall cavities; 4.4 electrical re-wiring,provided that no electrical fixtures are in any manner imbedded in or attached to protected woodwork and structural members and other framing are not cut or otherwise altered; 4.5 replacement of existing plumbing lines and plumbing fixtures; 4.6 replacement of existing HVAC systems, including the addition of central air- conditioning; 4.7 interior and exterior painting or paint removal, with the exception of the early painting present at the Main Block's first story north hall and the evidence of decorative paint at the window seat in the northeast parlor provided that the material(s) and method(s) to be used to remove paint shall not damage the underlying substrate; 4.8 painting of, or paint removal from,wood floors,provided that in the case of softwood floors, the material(s) and methods) to be used shall allow hand-planed surfaces to remain visible and undamaged, and such that sanding, grit blasting or other abrasive methods shall not be used; 4.9 replacement of broken window glass; and 4.10 interior wallpapering. 5. USE,MAINTENANCE AND OTHER ACTIVITIES. 5.1 Additions. No additions to the Osgood House, Carriage Shed, Carriage Barn or Garage shall be erected hereafter without prior written approval of Grantee. 6 5.2 Additional Structures. No structure not on the Premises as of the date of this Agreement shall be erected or placed on the Premises hereafter without prior written approval of Grantee. 5.3 Communication and Energy Source Structures.Notwithstanding any provision in this Agreement to the contrary, freestanding or attached towers, exterior antennas, wind turbines, solar panels, or similar communications or energy- producing structures shall not be installed on any structure or affixed on the Premises without the prior written approval of Grantee; and installing of affixing towers and wind turbines on the Osgood House is prohibited. This Subsection shall not be deemed to prohibit the installation of a solar panel array on the grounds of the Premises provided Grantee determines that location of the array and number of panels will not adversely affect the historic setting of the Osgood House or the view of the Osgood House from Osgood Street prior to installation. 5.4 Topographical Chan1jes and Landscaping. In order to protect the historic setting and Protected Features of the Osgood House, no alterations may be made to the topography of the Premises that either raise or lower grade levels by more than one (1) foot. No soil, loam,rock or mineral resource or natural deposit shall be excavated, dredged or removed from the Premises, no soil,refuse, trash, vehicle bodies or parts,rubbish, debris,junk, waste or other substance or material whatsoever shall be placed, filled, stored or dumped thereon, and no trees,hedges, shrubs, or other vegetation greater than twenty-five feet in height, shall be removed from the Premises or otherwise destroyed,provided that this Subsection shall not be deemed to prohibit improvements and activities approved under Subsection 5,1 or 5.2,if-any, or permitted under Subsection 5.6. The provisions of this Subsection 5.4 shall not be deemed to restrict activities necessary and desirable (i)to preserve or protect the Premises, (ii)to maintain existing trees, lawn, garden or utilities associated with the Premises, (iii)for the planting of trees, shrubs, flowers, herbs or grasses or(iv) related to an approved Archaeology Plan or restoration after archeological activity as provided for in Subsection 5.11. 5.5 Demolition. Grantor shall not permit or allow to occur, either through positive action or neglect, demolition of the Osgood House, Carriage Shed or Carriage Barn. Notwithstanding Section 2 above, the Garage may be removed at any time. 5.6 Relocation. No portion of the Osgood House, Carriage Shed or Cai7iage Barn shall be moved from its present location unless such moving is required by a taking through eminent domain. 5.7 Signs. No signs, billboards or other advertising displays shall be placed on, painted onto or affixed to the Osgood House, Carriage Shed, Carriage Barn, Garage, or the Premises except that, subject to Grantee's prior written approval, Grantor may erect an approved sign or marker which identifies the historical significance and associations of the Premises. This paragraph shall not prevent Grantor from placing temporary, free-standing signs on the lawn provided such signs are in accordance with local law. 5.8 Use. Grantor shall not permit any use to be carried on, in or around the Premises that is unlawful, constitutes a nuisance, or which is determined by Grantee to be inconsistent with the intent of this Agreement or to adversely affect the historic significance of the Osgood House and surrounding landscape. Without limiting the generality of the foregoing, the Premises may be used for a single-family residence,which may include a portion of the Premises for a home professional office for a member of the family in residence, provided that such use is permitted by local zoning ordinances. With respect to matters not covered by this Agreement, Grantor shall have the right to operate and use the Premises in such manner as it determines, provided that such operation and use is not inconsistent with the intent of this Agreement. 5.9 Maintenance. 5.9.1 General. Grantor covenants at all times to maintain the Osgood House, Carriage Shed, Carriage Barry, Garage and the Premises in good and sound state of repair in order to prevent the deterioration or destruction through alteration or neglect of Protected Features. 5.9.2 Cost of Maintenance. Grantor shall assume the total cost of continued maintenance, repairs and administration of the Premises in order to preserve the protected architectural and historic features, materials, appearance and workmanship of the Osgood House, Carriage Shed, Carriage Barn, and Garage. Grantor covenants that it shall indemnify and hold Grantee harmless from and against any such costs. The foregoing shall not prohibit the Grantor from seeking financial assistance for the foregoing purposes from any sources available to it. 5.10 Compliance with Law. Nothing contained herein shall be interpreted to authorize or permit the Grantor to violate any law, ordinance or regulation relating to building materials, construction methods or use. In the event of any conflict between any law, ordinance or regulation and the terms hereof, Grantor promptly shall notify Grantee in writing of such conflict and shall cooperate with Grantee and local authorities to accommodate the purposes of both this Agreement and such law, ordinance or regulation. No construction and no other alteration or change of use or occupancy which would create such conflict, or cause such conflicting law, ordinance or regulation to be applicable to the Osgood House, Carriage Shed, Carriage Barn, Garage or any protected element thereof, shall be undertaken without the prior written approval of Grantee. 8 5.11 Archaeology. The conduct of archaeological activities, including without limitation archaeological surveys, excavation for the purpose of"archaeology, and artifact retrieval may occur only in accordance with an archaeological field investigation plan(the "Archaeology flan")prepared by or on behalf of the Grantor and approved in advance of such activity in writing by the State Archaeologist of the Massachusetts Historical Commission (or, if Massachusetts General Laws ceases to require approval by the Massachusetts Historical Commission for the perpetual enforceability of historic preservation restrictions, then by the official recognized by Grantee from time to time as having responsibilities for preservation of archaeological resources in the Commonwealth of Massachusetts). Plans for restoration of the site of archaeological activity shall be submitted to Grantee in advance of restoration, and such restoration shall be conducted only in accordance with a plan approved by Grantee. 6. INSURANCE. 6.1 Properly. Grantor, at its expense, shall carry and maintain at all times property damage insurance on the Osgood House, Carriage Shed, Carriage Barn, and Garage with expanded replacement cost coverage against loss from all perils commonly covered under the broadest standard home insurance policy form in use from time to time, including without limitation fire, lightning, wind storm, hail, explosion, damage by vehicles, smoke,vandalism, malicious mischief, weight of ice, snow, or sleet, freezing of plumbing, HVAC or sprinkler systems, and sudden and accidental damage from artificial electrical current explosion. Every policy required pursuant to this Subsection 6.1. 6.2 Liabili . Grantor, at its expense, shall carry and maintain at all times general liability insurance with coverage against claims for personal injury, death, and property damage, identifying the Osgood House, Carriage Shed, Carriage Barn, and Garage as covered premises, and for not less than one million dollars ($1,000,000)per person per occurrence, such sum to be increased fiom time to time to reflect increases in the cost of living from the date of this Agreement. Every policy required pursuant to this Subsection 6.2 shall name Grantee as an additional insured. [Notwithstanding anything in this Agreement to the contrwy, in the event members of the public, as distinctfi-om specific invitees, are allowed access to the Premises, the following provisions shall apply in lieu of theforegoingprovision of this section 6.2: Liability. Grantor, at it expense, shall carry and maintain at all thnes commercial general liability coverage identifying the Osgood House, Carriage Shed Carriage Barn, and Garage as covered premises, and with a general aggregate limit of not less than one million dollars ($1,000,000)per person per year, such sum to be increased from time to time to reflect increases in the cost of living fiom the date of this Agreement. In the event that the use of the Osgood 9 House, Carriage Shed, Carriage Barn or Garage changes such that it is no longer open to the public, Grantor, at its expense, shall subsequently carry and maintain at all tithes general liability insurance, with coverage against claims for personal injury, death, and property damage, identifying the Osgood House, Carriage Shed, Carriage Barn, and Garage as covered premises, and for not less than one million dollars ($1,000,000)per person per occurrence, such stun to be increased from time to time to reflect increases in the cost of livingfrotn the date of this Agreement. Every policy required pursuant to this Subsection 6.2 shall natne Grantee as an additional insured. 6.3 Other Requirements. Every policy required pursuant to this Section 6 shall be issued by an insurance company rated "A" or better by A.M. Best Company or equivalent rating by a comparable rating service, and shall provide for the sending of any and all notices of cancellation by the insurer to Grantee at least twenty(20) days prior to any cancellation taking effect. Grantor shall promptly provide copies of all insurance policies required by this Section and all supplements or endorsements thereto to Grantee. 6.4 Changes in Practice. Grantee reserves the right to change the coverage requirements provided under this Section 6 from time to time to reflect changes in the best practices for property and liability coverages for historic houses in New England provided Grantee first gives Grantor thirty (30) days advance notice of any such change. 7. CASUALTY DAMAGE. 7.1 Notice. In the event that the Osgood House, Carriage Shed, Carriage Barr, Garage or any portion thereof is damaged or destroyed, Grantor shall notify Grantee in writing within seven(7) days of the damage or destruction, and such notification shall identify what, if any, emergency protective work has already been completed. 7.2 Restoration. Except as set forth in this Section, in the event of any casualty damage (as hereinafter defined), (a) Grantor shall submit to Grantee a proposal in accordance with Section 12 of this Agreement for Grantee's approval to restore the Osgood House, Carriage Shed, Carriage Barn, and Garage using similar materials, workmanship and design and in a manner which shall protect those Protected Features which have not been totally destroyed, and(b) Grantor shall then restore the Osgood House, Carriage Shed, Carriage Barn, and Garage in accordance with such proposal as Grantee has approved. 7.3 Substantial Casualty. Notwithstanding any other provision of this Agreement to the contrary, in the event of substantial casualty damage to the Osgood House, Carriage Shed, Carriage Barn, or Garage,.Grantor may request the approval of Grantee not to restore the Osgood House, Carriage Shed, Carriage Barn, or 10 Garage pursuant to this Agreement. If Grantee,in its sole discretion, determines that the extent or nature of such casualty damage would prevent restoration in a manner which would protect the remaining Protected Features, then Grantee may grant such approval and Grantor may elect not to restore the Osgood House, Carriage Shed, Carriage Barn, or Garage pursuant to this Agreement. In the event of such approval not to restore, before any remaining portion of the Osgood House, Carriage Shed, Carriage Barn, or Garage is relocated or otherwise altered, Grantor shall allow Grantee to enter onto and into the Premises for the purpose of choosing and removing for posterity any such Protected Features, or portions thereof,together with the materials in which such features are set, that Grantee desires to salvage. 7.4 Damage Defined. For the purposes of this Agreement casualty damage shall be defined as such sudden damage or loss which would qualify for a loss deduction pursuant to Section 165(c)(3) of the Internal Revenue Code (construed without regard to the legal status, trade, or business of the Grantor or any applicable dollar limitations). 8. CONDEMNATION-. If the Premises, or any substantial portion thereof, shall be made the subject of a procedure threatening a taking through eminent domain, or if Grantor shall receive notice from a governmental authority of the intent to institute such proceeding, Grantee shall immediately be given notice thereof by Grantor. Grantee shall have the right to enter its name as an additional party in eminent domain proceedings, pursuant to Massachusetts General Laws, Chapter 79, Section 5A, but shall not have the right to any monetary award which would diminish the award to be made to Grantor resulting from such taking. In the event of such taking, Grantee shall have the right to enter onto and into the Premises (or portion thereof subject to such taking) for the purpose of choosing and removing for posterity any Protected Features, or portions thereof,together with the materials in which such features are set,that Grantee desires to salvage,prior to the effective date of such taking. 9. TAXES. Grantor shall pay on or before the due date all general taxes, special taxes, special assessments,water charges, sewer service charges and other charges which may become a lien on the Premises. 10. INDEMNIFICATION. Grantor shall indemnify, defend with counsel acceptable to Grantee, and hold Grantee harmless from and against any claims, liability, costs, attorneys' fees,judgments or expenses to Grantee or any officer, employee, agent or independent contractor of Grantee resulting from actions or claims of any nature by third parties arising in connection with or out of this Agreement, including without limitation claims related to the presence of oil or hazardous substances. 11. INSPECTION. Grantee may inspect the Premises at least annually to ensure that the Grantor is in compliance with the preservation restrictions hereby imposed. In addition, Grantee may inspect the Premises more frequently during periods of repair, renovation or 11 reconstruction as Grantee deems appropriate for the nature of the work being conducted. Grantor agrees to grant Grantee free access to all areas of the Premises. Such inspections shall be made at reasonable hours and only after prior notice to the Grantor. This right of inspection shall be assignable by Grantee to any governmental body or qualified non- profit entity whose purposes include preservation of structures or sites of historic or aesthetic significance. The failure of Grantee to exercise this right of inspection for any period of time, however, shall under no circumstances be construed as a waiver of such right. 12. WRITTEN APPROVAL. 12.1 Approval: Whenever Grantor desires to undertake any activity which,by the terms of this Agreement, is not to be undertaken without Grantee's approval, Grantor shall first deliver to Grantee a written request for approval, describing the specific activity proposed(including, but not limited to,the nature, scope, schedule, budget and, if applicable, materials, design and location thereof, and by whom the activity will be performed) in sufficient detail as determined by Grantee to enable it to evaluate the proposed activity and the potential effect thereof upon the features and interests protected by this Agreement(a "Request for Approval"). Grantor shall supplement the written Request for Approval with any and all supplementary documentation, including, but not limited to, architectural drawings, site plans,photos or digital images, as Grantee determines are necessary to fully describe the proposed activity for the purposes of this section 12. In exercising its discretion, Grantee shall apply standards that it establishes from time to time of general applicability to similar historic properties on which it holds preservation restrictions. Approval by Grantee for any such activity shall be in recordable form, executed and acknowledged by any one or more of the President, Treasurer, Director or such officer or officers who may succeed to their responsibilities under other titles. 12.2 Waiver; Other Approval. Grantee may, in its sole discretion, waive the submittal of a Request for Approval or the issuance of a recordable approval, or both, for any activity described in Section 4. Notwithstanding any other provision of this Agreement to the contrary, Grantee may, in its sole discretion, grant written approval for any other activity by Grantor which is restricted by any provision of this Agreement in addition to those activities which are not to be undertaken without approval by Grantee, but only in accordance with the procedures set forth in Subsection 12.1. 12.3 Timing. Grantee shall grant or deny its approval for such proposed activity not later than sixty(60) days after the later of the date (i) Grantee has received a Request for Approval or(ii) Grantee either inspects the Premises, as mutually and reasonably agreed upon by Grantee and Grantor, for the purpose of evaluating such proposal or delivers to a Grantor a written waiver of such inspection. If Grantee does not give the Grantor a written request for such inspection within 12 sixty(60) days after Grantee has received a Request for Approval, Grantee shall be deemed to have waived such inspection for such proposal. The provisions of this Subsection 12.3 shall not apply to any proposed activity that is prohibited by the terms of this Agreement. 12.4 Conditions. Grantee may approve or deny all or any portion of the activity set forth in a Request for Approval, or grant its approval subject to conditions, or any combination thereof. Such conditions may include the expiration of such approval to activity conducted within a certain period of time or prior to conveyance of the Premises. If an activity is conditionally approved, such activity shall not be undertaken except in compliance with such condition(s) and the failure to conform to such condition(s) shall be a breach of this Agreement. Approval as to any activity shall under no circumstances be construed to waive the requirement for approval for any other activity or for a duplication of the same activity at a later time or affecting any other portion of the Premises. 13. DISPUTE RESOLUTION. 13.1 Submittal. Grantor agrees that if any dispute shall arise between it and Grantee concerning the terms or conditions of this Agreement or their application in any instance, Grantor and Grantee shall, submit such dispute for resolution by arbitration in Boston, Massachusetts, by the American Arbitration Association, its successor, or other arbitral forum as mutually agreed by Grantor and Grantee (the "Arbitration Association"), and such arbitration shall be submitted, commenced, held and determined in accordance with the Commercial rules and regulations of the Arbitration Association, as hereby modified. The provisions of this Section 13 shall not, however, limit the provisions of Section 14, and if Grantor shall submit any such dispute to arbitration as aforesaid and Grantee shall elect to seek injunctive relief or otherwise litigate the subject matter of such dispute, Grantee shall give notice of such election to the Arbitration Association, In such circumstances,the arbitration shall be recessed or adjourned if the outcome of the action brought by Grantee may render the arbitration moot. Once arbitrated, the decision of arbitration shall be binding and enforceable in any court of competent jurisdiction, subject to Subsection 14.2 hereof. 13.2 Appointment and Procedure. In the arbitration of any dispute involving Sections 2, 3, 4, S, 7, 8 or 16.1 hereof, all arbiters shall have a bachelor's or graduate degree in architecture, art history or historic preservation and at least ten years' experience in the field of preservation of historically significant stiuchrres or artifacts. Each party shall nominate a qualified arbiter by notice to the Arbitration Association and the other party within thirty(30) days of the initial demand for arbitration, describing such qualifications. All challenges to a proposed arbiter's qualifications shall be submitted to the Arbitration Association within ten(10) days thereafter and all such challenges shall be decided by the Arbitration Association. The two arbiters appointed by the parties shall name a 13 third neutral arbiter within ten(10) days after such challenge period expires. Within thirty(3 0) days of the appointment of the third arbiter,the panel of arbiters shall take evidence and argument and close the hearing, and they shall decide the matter and issue their decision within thirty'(30) days after close of the hearing. Without limiting the generality of this Section, the fees and expenses of arbitration charged by the Arbitration Association shall be borne equally between Grantee and Grantor unless the arbiters determine that some other division shall under the circumstances be more equitable and such determination of the arbiters shall be conclusive and binding upon the parties. Notwithstanding anything to the contrary in this Subsection 13.2, if Grantor shall fail to name a qualified arbiter in the time allotted, there will be only one arbiter, appointed by Grantee. 13.3 Communications. The provisions of this Subsection 13.3 shall not limit the generality of any other provision of this Agreement. If Grantee elects to give Grantor written notice that Grantor has failed to perform or observe any restriction, agreement or condition in this Agreement contained on its part to be performed or observed (a "Violation Letter"), Grantor may respond in writing within thirty (30) days of the giving of such notice, disputing the existence of such failure and demanding arbitration thereof(an "Objection Letter"). Grantee may record notice of such Violation Letter with the Registry. Notwithstanding the provisions of Subsection 13.1, Grantor may not thereafter demand arbitration of the subject matter of the Violation Letter unless Grantor's Objection Letter includes such demand for arbitration. If Grantor does not timely deliver an Objection Letter to Grantee, Grantor shall conclusively be deemed to agree with the contents of the Violation Letter and to waive all right thereafter to dispute the existence of such failure. If an arbitration finds that the failure that is the subject of a Violation Letter does not exist,the arbitrators may require Grantee to record with the Registry a rescission or extinguishment of any notice of such Violation Letter recorded with the Registry. Whether or not Grantor delivers an Objection Letter to Grantee, if the activity that gave rise to the Violation Letter remains in progress, Grantor shall immediately cease such activity. 14. ENFORCEMENT. 14.1 General. If Grantor shall fail to perform or observe any restriction, agreement or condition in this Agreement contained on its part to be performed or observed, Grantor acknowledges that such a failure will cause Grantee irreparable harm, and Grantee shall have the right to enforce this Agreement 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 its condition prior to the time of the injury complained of(Grantor agreeing that Grantee has no adequate remedy at law if Grantor shall fail to perform or observe any restriction, agreement or condition contained in this Agreement). The foregoing shall be in addition to, and not in limitation of, any other rights and remedies available to Grantee. 14 14.2 Venue and Jurisdiction. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Grantor hereby irrevocably consents and agrees that any legal action, suit or proceeding arising out of or in any way in connection with this Agreement may be instituted or brought in a court of appropriate jurisdiction in the Commonwealth of Massachusetts, or in the courts of any other jurisdiction wherein Grantee's business office(s) may be located, as Grantee may elect. By execution and delivery of this Agreement, Grantor irrevocably accepts and submits to the non-exclusive jurisdiction of any such court and to service of any summons, complaint and/or legal process by registered or certified United States mail, postage prepaid, to Grantor at the Premises, such method of service to constitute, in every respect, sufficient and effective service of process in any legal action or proceeding. The Parties shall not seek a trial by jury in any lawsuit, proceeding, counterclaim or any litigation procedure based upon or arising out of this Agreement or the dealings or the relationship between Grantee and Grantor, or any person claiming by, through or under Grantor. 14.3 ,Self Help. If Grantor shall fail to perform or observe any restriction, agreement or condition in this Agreement contained on its part to be performed or observed, other than an obligation to pay money, and shall not cure such default within seven(7) days after notice from Grantee specifying the failure, Grantee may, at its option, without waiving any other remedy or any claim for damages for breach of this Agreement, at any time thereafter apply for and obtain in its own name or in Grantor's name such permits and approvals as may be necessary to cure such failure, enter upon the Premises, and cure such failure for the account of Grantor, and any amount paid or any contractual liability incurred by Grantee in so doing shall be deemed paid or incurred for the account of Grantor, Grantor agreeing to reimburse Grantee promptly therefor and save Grantee harmless therefrom. Grantee may cure any such failure as aforesaid prior to the expiration of said waiting period, but after notice to Grantor, if the curing of such failure prior to the expiration of said waiting period is reasonably necessary to protect the Premises or any Protected Features. Without limiting the generality of this Subsection 14.3, Grantor's obligation to reimburse Grantee as aforesaid shall be entitled to the status of a contract pursuant to Massachusetts General Laws, Chapter 254, as amended from time to time (sometimes known as the Mechanics' Lien Law) and in order to cause this Agreement to constitute a Notice of Contract or such other notice as is necessary to afford Grantee the right to file a claim pursuant thereto, notice is hereby given that by virtue of this Agreement between Grantor and Grantee, as contractor for the purposes of this Subsection 14.3, Grantee may furnish labor and material or rental equipment, appliances or tools for the erection, alteration,repair or removal of a building, structure, or other improvement on the Premises as set forth in this Section. 14.4 Costs and Expenses. Grantor shall indemnify and hold harmless Grantee, and shall pay to Grantee on demand, all costs and expenses, including but without 15 limitation attorneys' disbursements and fees, incurred by Grantee in connection with enforcement of this Agreement. If Grantor is required pursuant to this Agreement to pay a sum of money to Grantee, the obligation to pay such sum constitutes a lien upon the Premises for the amount of such sum until it is paid, and if Grantor shall fail to pay all or any portion of such sum within thirty(30) days of Grantee's written demand therefor, Grantor shall also pay to Grantee interest on the unpaid amount an annual rate equal to the lesser of five (5%) or the judgment interest rate then in effect under the laws of the Commonwealth of Massachusetts. 14.5 Mortizage Protection. Any lien which may arise pursuant to this Section 14 shall be subject and subordinate to a first mortgage of record held by a bank, saving and loan association, trust company, credit union, insurance company,pension fund or other institutional lender to the extent of the principal amount secured by such mortgage and disbursed as of the date such notice of lien is recorded. 14.6 No Waiver. Failure of Grantee to complain of any act or omission on the part or Grantor, no matter how long the same may continue, shall not be deemed to be a waiver by Grantee of any of its rights hereunder. No waiver by Grantee at any time, express or implied, of any breach of any provision of this Agreement shall be deemed a waiver of a breach of any other provision of this Agreement or a consent to any subsequent breach of the same or any other provision. No waiver by Grantee at any time of the requirements for submittal of a Request for Approval or issuance of a recordable approval, pursuant to Subsection 12.2, for an activity described tinder Section 4 shall be deemed a waiver of such requirements as to such activity at any other time or as to any other activity. No payment by Grantor or acceptance by Grantee of a lesser amount than shall be due from Grantor to Grantee shall be deemed to be anything but payment on account, and the acceptance by Grantee of a check for a lesser amount with an endorsement or statement thereon or upon a letter accompanying such check that such lesser amount is payment in full shall not be deemed an accord and satisfaction, and Grantee may accept such check without prejudice to recover the balance due or pursue any other remedy. Any and all rights and remedies which Grantee may have under this Agreement or by operation of law, either at law or in equity,upon any breach shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other, and no one of them, whether exercised by Grantee or not, shall be deemed to be in exclusion of other, any two or more or all of such rights and remedies being exercisable at the same time. 14.7 Estoppel Certificate. Grantee agrees to deliver to Grantor and/or to any holder of a mortgage on the Premises identified by Grantor a statement to Grantee's knowledge whether Grantor is in compliance with this Agreement, not later than thirty(30) days after the later of the date (i) Grantee has received a written request for such statement from Grantor, or (ii) Grantee either inspects the Premises, as mutually and reasonably agreed upon by Grantee and Grantor, for the purpose of 16 responding to such request or delivers to a Grantor a written waiver of such inspection. If Grantee does not give the Grantor a written request for such inspection within fifteen(15) days after Grantee has received such request from Grantor, Grantee shall be deemed to have waived such inspection for such request. 15. EXTINGUISHMENT. Grantor and Grantee acknowledge the possibility that circumstances may arise in the future to render the purpose of this Agreement impossible to accomplish. In addition, both parties recognize that the possibility of condemnation and casualty always exists. In the event such circumstances do in fact arise,the parties agree that those provisions of this Agreement which are rendered impossible of performance by such circumstances, condemnation or casualty, may be extinguished by judicial proceedings in a court of competent jurisdiction and in compliance with the applicable requirements of Massachusetts General Laws chapter 184, section 32, as it may be amended from time to time, including approvals by the Town of North Andover and the Massachusetts Historical Commission following public hearings to determine that such extinguishment is in the public interest. All other provisions of this Agreement shall remain in Rill force and effect unless and until this Agreement is tenninated or extinguished in compliance with said requirements. 16. TRANSFERS. 16.1 Subdivision and Leasing. The Premises shall not be subdivided for conveyance or lease, provided that this Section shall not be deemed to prohibit the Ieasing of the Osgood House, Carriage Shed, Carriage Barn, or Garage for uses permitted by this Agreement. For the purposes of this Agreement, the definition of"to subdivide" shall include to cause any portion of the land less than the entirety thereof to be divided, conveyed or made conveyable as a distinct parcel apart from the remainder of the land, including,to submit a plan which shows the land as other than one unitary lot for the preliminary or final approval or endorsement of any governmental authority for such a division, or to cause any such plan (whether or not approved or endorsed by a governmental authority)to be filed or recorded with any land records office or registry. Any lease or occupancy agreement of the Premises or any portion thereof shall be in writing and shall include the following notice in capitalized letters: "This Lease is subject to a Preservation Restriction Agreement granted to the Society for the Preservation of New England Antiquities D. B.A. Historic New England, a copy of which is attached hereto, which substantially restricts construction, alteration and redecorating activities inside and outside the Premises subject to this Lease. Notwithstanding any other provision of this Lease, no such activity shall be undertaken without prior review of such restrictions and strict compliance therewith. Any failure to comply with such restrictions may, at Landlord's sole discretion, be deemed a default under this Lease." 17 16.2 Insertion in Subsequent Instruments. Grantor shall insert a reference to this Agreement, such reference to include Registry book and page number of this Agreement, into any subsequent deed or other legal instrument by which Grantor divests itself of either the fee simple title to or any lesser estate in the Premises. Concurrently,with its entering into any such deed or other legal instrument, Grantor shall give written notice to Grantee of same. Failure by Grantor to comply with the requirements of this Subsection 16.2 shall not affect the validity, enforceability or priority of this Agreement or any lien arising hereunder. 16.3 Written Acceptance. Before taking legal possession of the Premises or any portion thereof, each new Grantor of the Premises shall indicate its acceptance of these preservation restrictions contained herein by a letter to Grantee. Such acceptance shall include a promise to maintain at all times and in good condition, the significant historical, architectural, scenic and environmental characteristics of the Premises covered by these restrictions. Failure by any new Grantor to so indicate, and failure by Grantee to demand such indication, shall not affect the validity, enforceability or priority of this Agreement or any lien arising hereunder. 16.4 Restrictions Run with the Land, Notwithstanding anything to the contrary contained in Section 15 above, the burden of this Agreement shall constitute a binding servitude, shall run with the land in perpetuity. 16.5 Assianinen . All of the rights and restrictions enforceable by Grantee pursuant to this Agreement shall be assignable by Grantee for preservation purposes only and without consideration,to any governmental body or any entity described in Section 170(b)(1)(A) of the Internal Revenue Code of 1986 as amended whose purposes include preservation of structures or sites of historic or architectural significance in perpetuity, Any such non-governmental entity must also be qualified to hold preservation restrictions under Massachusetts General Law, Chapter 184, Section 32, 17. NOTICES. Every notice,request, demand, consent, waiver or other communication which either party hereto may be required to give to the other party pursuant to this Agreement, shall be in writing and shall be given either by postage prepaid registered or certified U.S. mail with return receipt requested or by a national overnight delivery service with acknowledgment of receipt required--if to Grantor, then to Grantor at the Premises, and if to Grantee, then to the Historic New England Stewardship Program, Historic New England, 185 Lyman Street, Waltham, Massachusetts 02452-5645. Each party may change its address set forth herein by written notice to such effect to the other party. Such notice, etc., shall be deemed given as of the sooner of the date of signed receipt or the date when delivery was first attempted. 18 18. SUBORDINATION OF PRIOR INTERESTS. 18.1 Prior Liens. Grantor represents and warrants to Grantee that the Premises are subject to no mortgages, liens, leases, restrictions, easements or encumbrances prior in right to this Agreement other than as listed in Exhibit A-1 attached hereto. 18.2 Homestead. Each of the individuals who constitute Grantor hereby subordinates all of his or her rights of homestead and of any and all of his or her beneficiaries, affirms under the penalties of perjury that there is no person entitled to claim the benefit of homestead rights in the Premises other than Martha J. Larson. 19. MISCELLANEOUS. The following provisions in this Section 19 shall govern the effectiveness, interpretation and duration of this Agreement: 19.1 Counterparts. This Agreement, with all exhibits hereto, is executed in three (3) identical counterparts. After execution hereof, one (1) such counterpart shall be held by each of Grantor and Grantee, and one (1) such counterpart shall be recorded immediately at the Registry. 19.2 Strict Construction. Any rule of strict construction designed to limit the breadth of restrictions on alienation or use of property shall not apply in the construction or interpretation of this Agreement, and this Agreement shall be interpreted broadly to effect its purposes, and the restrictions herein contained. 19.3 Grantor. This Agreement shall extend to and be binding upon the Grantor, and all persons hereafter claiming under or through the party executing this Agreement as "Grantor" and all successors in title to the Premises, and the word "Grantor" when used herein: shall include all such persons,whether or not such persons have signed this Agreement or have an interest in the Premises at the time of execution of this Agreement or thereafter. A person who ceases to hold title to the Premises after having been a Grantor shall cease to have any liability hereunder to Grantee except that such person shall remain jointly and severally liable with the successors as Grantor for any monetary liability hereunder to Grantee that accrued during the time of such person's ownership. 19.4 Amendment. For purposes of furthering the preservation of the Osgood House and of furthering the other purposes of this Agreement, and of meeting changing conditions, Grantor and Grantee are free to amend jointly the terms of this Agreement in writing in accordance with the requirements of Massachusetts General Laws, Chapter 184, Sections 31-33, and such amendment shall become effective upon recording at the Registry. 19 19.5 Validity of Agreement. This Agreement is made pursuant to Massachusetts General Laws, Chapter 184, Sections 31-33, but the invalidity of such statutes or any park thereof shall not affect the validity and enforceability of this Agreement according to its terms, it being the intent of the parties to agree and to bind themselves, their heirs, successors, administrators and assigns in perpetuity to each clause of this Agreement whether it be enforceable by reason of any statute, common law or private agreement either in existence now or at any time subsequent hereto. This Agreement may be re-recorded at any time by any person if the effect of such re-recording is to make more certain enforcement of this Agreement or any part thereof. The invalidity or unenforccability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement or any ancillary or supplementary agreement relating to the subject matter herein. 19.6 Captions. The captions used as headings for the various Sections and Subsections of this Agreement are used only as matter of convenience for reference, and are not to be considered a part of this Agreement or used in determining the intent of the parties to this Agreement. 19.7 No Warranty. The approval by Grantee of any action by Grantor, including without limitation, the approval of the design of any alteration or construction, shall not constitute a warranty,representation or acknowledgment that any action taken in conformity with such approval shall comply with any law, regulation, order, ordinance, code or by-law or shall be suitable for any particular purpose, and Grantor shall be solely responsible for its own actions. 19,8 Time Where a specific number of days are stated for an activity to occur, time is of the essence. If any act required under this Agreement becomes due on a Saturday, Sunday or legal holiday in the Commonwealth of Massachusetts, then such act shall be due on the immediate following business day. 19.9 Grantee's Use of Information. During inspection of the Property and at other times reasonably agreed upon by the Grantor, including preparation of the baseline documentation, Grantee may make photographs, drawings, or other representations documenting the significant historical, cultural, and architectural character and features of the Property and may use such images and materials to promote the casement program and otherwise in support of its educational and charitable purposes, including reproduction in magazines, newsletters, or other publicly available publications. 20 IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal this day of , 2015. WITNESS SOCIETY FOR THE PRESERVATION OF NEW ENGLAND ANTIQUITIES D.B.A. HISTORIC NEW ENGLAND Carl R. Nold, President and CEO COMMONWEALTH OF MASSACHUSETTS County of Suffolk, ss. On this—day of , 2015, before me, the undersigned notary public, personally appeared Carl R.Nold, President and CEO, proved to me through satisfactory evidence of identification, which were , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as President and CEO of Historic New England, a corporation. Notary Public My commission expires: 21 WITNESS GRANTOR f Arthur D. Larson COMMONWEALTH OF MASSACHUSETTS County of Essex, ss. h On this day of ���01 fiW4 , c i , 2015, before me, the undersigned potary public, personally appeared Arthur D. Larson proved to me through satisfactory evidence of identification, which were 0„2,4 -t ,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. N ary ublic My commission expires: JOSEPH P. CORNISH Notary Public Commonwealth of Massachusetts My Commission Expires September 9, 2023 WITNESS GRANTOR r97 �LVI G Martha J. Lars COMMONWEALTH OF MASSACHUSETTS County of Essex, ss. On this day of e mA �cr�, 2015, before me, the undersigned notary public, personally appeared art ha J. Larson proved to me through satisfactory evidence of identification, which were Kf4i QU jo � ,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 state_d purpose. N# ry pub is My commission expires: JOSEPH P. CORNISH Notary Public ► Commonwealth of Massachusetts My Cam :ion Expires Scpte�r 9, 2022 • Wilw=4�+WIM+n YA ZONING D15TR1CT7 R-7 � ^YT '"'� 1 LOCUS MWIMLM AREA x 4.3.660 S.F. ' MINIMUM FRONTAGE=160' MINIMUM W1OYN 100' MINIMUM FRONT VARO-30' , MINIMUM SIDE YARD=30' wre MINIMUM REAR YARD n 30' Tit N 1 P Tam or Nn ANOOVER(HICH SCHOCL PROPQRYY) PLAN ONO MAP 94.SOT 5 . T 4 PCH RL`'OLtiTRY LUC OM.Y LOCH MAP • V=NOW— UNDER .`dM'0404. SUDDNISION 'C TROL LAW NOT R£GLIRF.D 5 aa9�•8'w a9o.3e TOWN W NORTH ANDOVER PLANNING BOARD '^ V" A L�rrlL Irna+wc „ - z � ' n1 y TFIE PLANNING BOARD'S ENDORSEMENT OF THE PLAN f AS NOT RroutRING APPROVAL LINDER THP.ELBOW$ON • {�+ IN IN CCNTROL LAW IS NOT A DETERMINATION AS TO $ u CONFORMANCE WITH THE TOWN Or NORTH ANDOVER ZONING DYLAW AND REGLLATIONS. y N I F AR KR I MARMa LARSON LOT EA ® LOT?p N 1 F ORIAN 1 Cnrsa O'DOPZaO.L I CCRTIPY THAT THIS P11W CONFORMS .Y` OA 1210 PG IX 102/,ZO IF 12,36 AC 89,07e SF/!26 AC Drc 79L6 m;OZ TO THE RULES AND REGULATIONS OF rLAN vim.LOT I N &P 1 12 T THE R;j o5. ^� HdP 162 LOY I 1 HAP 10;LOT 7 � � 1� M 30, O 1 137.06 15000 � � � u4.176 W O,OD 9171 puDUC) P (MASS.LAYOUT OF ICI) STREET C/) d v 2a W {+htiDSi VN�IC's^ \ N oral ie"r ]a7.aa CNPo�it 1 ¢ 9 3tr _ 0sc,00} an•ed ��d`� PLAN OF LAND �1 rp LOCATED AT 4.30 OSCODD STREET IN o* NORTHANDOVER,MA. • a07 oa 0 PREPARED FOR �p Arthur&Martha Larson P(Y !NORTH ANDOVER ASSESSORS MAP REFERENCE: MAP 102•LOT 3 LOCUS TITLE REFERENCE: BOOK 1216 PACE 132 LOCUS PLAN REFERFJVCE N.E.R, D. 104,130 AprD 10,2015 TO THE PLANWNG BOARD: ' PURPOSE OF PLAN: 70 DH4DE MAP 102, LOT 3 INTO TWO LOTS. 1 INCH-40 FT. 1 MAP 102, LOT 7 IS LOT NUMBER TWO ON N.E,R,D.PLAN f1 30. THE LOCUS CONTAINS NO SfCNIF'fCANT WETLAND RESOURCE AREAS, COUNTY LAND SURVEYS, T�'Cr CON71C000S BUILDABLE AREA EQUALS LOT AREA ON 90TH.LOTS, NOTE DRAFTING ERROR DISCOVERED ON PLAN 114330: .FOR THE BOUNDARY LA 1.7 U 1 80TH tOTS MD=T MINIMUM WIDTH REOUIREMENT(700 FEET IN R-2) LINE SEPARARNC LOTS I AND 2, ADD 43-00-00 TO LABELED BEARINGS. pioleulonellpcdSurw)ax'PDBw'Ma GlounFa:M+L 019S!•aFW'B7W�Cwll ' AT ALL POSSIBLE DWELLING LOCATIONS CORRECT BEARINGS SHOWN HEREON. ,nw�aA EXHIBIT A-1 PRIOR INTERESTS Open-End Mortgage: Massachusetts Home Equity Line of Credit from Martha J.Larson and Arthur D. Larson in favor of Bank of America,NA dated June 3 0,2015 and recorded in the Essex County North District Registry of Deeds in Book 14342,Page.79. EXHIBIT B PHOTOGRAPHER'S AFFIDAVIT J. David Bohl, being first duly sworn, states on oath as follows: 1. This affidavit is attached to a set of seventy-six (76) photographs printed from the original negatives developed from the film exposed by me on July 7, 8. 9 and 10, 2015. Each photograph bears a letter-number symbol, Historic New England negative numbers 55241-A to 55316-A. 2. Each such exposure was made with a Parallax corrected Cambo 4x5 view camera with no filter, using TMAX 400 film at normal exposure and shutter speed settings. 3. Each such negative was developed by me in a normal manner without manipulation. No negative was created by more than one exposure and each such negative was delivered to Historic'New England for permanent safekeeping. 4. Manufacturers' specifications and recommendations were followed with respect to all photographic materials used, with respect to film exposure, negative developing, photograph printing, and with respect to the care and maintenance of all such materials and final products, FURTHER AFFIANT SAYETH NOT. ` ! f Date 'J"' avid Bohl On this:; day of _;'<_ =f, ,2015, before me,the undersigned notary public, personally appeared J. David Bohl,proved to me through satisfactory evidence of identification, which were . , _ , to be the person whose name is signed on the preceding or attached document, and acknowledged tome that he signed it voluntarily for its stated purpose. Not�wy P My commission expires: LOJOSEPHPCORNIS H!+Not aryPublio wMip f MAS�TTs Go ssi on Expires sewer 2e,2015 PP ; l Z h- I� 84 a •��• RIM jR- 4 � J �kF s Exhibit B—MA:North Andover,440 Osgood Street SAMUEL OSGOOD HOUSE Boulder&Plaque Located Southeast of the Samuel Osgood House(neg.#55242-A) s r - Imo► F - r-� t� oil t Exhibit B—MA,:North Andover,440 Os%xood Street,SAMUE_L,OSGOOD HOUSE Rear Ell&South Entry Porch:South&East Elevations; Main Block:South Elevation&Fast Facade(neg.955243-A) ism .i YEW -- ,;E'��1•' TI Elms WW -vv1 f �i I a .. e6y � rr r_ � e t � g 5SY1 eG�g. D S F c f3c Wo- � 3 � � 1 • �e� • 00 . 0 F ' I i - ; -' -- � ,( Exhibit B--NIA: North Andover,440 Osizood Street,SAMUEL OSGOOD HOUSE North Addition&Main Block:West Elevations;Rear Ell;North&Nest Elevations(neIg.#55246-A) �"!�.�4 r I e �y.�✓u iS�^Y h�f� ''y.-" T tl.- � �SL�Ft��, ,- Fr b t• b � R y�g 4 f a �� �+1� �fw' ai !.a '�1X,y5°: �C .'.�C+ti, �,� +•-.... Y w r x Yh s%Rax b "" ffi`Y n n Aa 1 d + IwA gy ���• TA'E�i.�i.i� � �( !� 1�Sj��D'1B' �y,.�°{M hf I Gl I,`Y.,' , n N its, l t r�•�'J 'i a syll MON. NO 1 � 3 r�f3 R�7 W'r s•e�xly I I L , I I R 1 11 • 1 -- 17- = µ a [if 17- LL ��. gal _ Exhibit B—MA:North Andover,444 Os ood Street SAMUEL OSGOOp HOUSE Rear Ell,Main Block 8:South Entry Porch:Nest&South Elevations(neg.#55248 Aj �` Q 4�•lea � �, 1z ti V 5 � v jw yPl C �9' [( T - 3 "fit t i � �� I { �st� ! t• 1 � i r - t .• s�1.j i��f yr - k� OS, w , �.� a1 er, r#',} y i ��, _� j � fir^•�s�K�,i - 3 �� 4� _ r`i���' c��e. "&'�5 � � �-� 'Fi�s�`.ter' :• t +i���"" �`r a 3 ist r s! Z r � • r r ilE f -x{. i Mal AW Zk VL ui Y tg r4 r� t 'fartY''l'r " � TTc r � r W i 1 1 1 I � �11 1 � � • ! � ISO F= +; w -� it =• -h "�, i� � y �3��ja to =}� ��Ir���f•��j T . y ��a y 3 All ON s _� �.,.,,� .• �•-;� _ -e �� � .ter. I ' � t 3 F _ 4E�jr a As a ti IY t,yi' ' 3 s �- . Y- 2 iS�Lr{ - zt� ' MIEN Sx d igSjF��k xe s t ..� MOR �H' Mo - Exhibit B—MA:;`forth Andover,440 Osgood Street,SAMUEL OSGOOD HOUSE Carriage Shed:South Elevation;Carriage Bam:West&South Eievations(neg.{{55255-A} IPI ;3n s � Ji- 4�S RM Am _nT ! VRL sig }'� t �"4i�'•��4x �tiy�� '�'ea r•''''- a � � ff 4�� ii.��s. a,x f�z'r _ _ h Nom= - ,'X+c�a�� �r h{��¢= �w-ta�eY,�i"� r�r-�"' •rte�����' �a� ���`��53 5..'� :s43 4t[4 r 9K? f-a FF- V:Ibir st} 3 5�5'- r - - t a § 5rr 1 - ik-•,j x's''sS rc. ~ ice r`` < t\{ 3 Ana I d qq _ Y � za y F Exhibit B--NIA:North Andover,440 Osgood Street,SAMUEL OSGOOD HOUSE Nfain Block:East Entry StairhaH—Looking East(neg.#5525&A) Se k �',j�}°Qi irl r I I I .a v l?S� t § f, , x � w +sues r yr'1 o- II 4 Y �r 'W 3'•. -. r�}. 4. i �3y v r41-�6r{r ��1�1jf5�4 IrE k t I r I 'Al k t, ryl I I Exhibit B—:MA:North o Andover.440 Os a ood Scree '! . �.SAMUEL D 1� �. OSGOO OUSE Main Block.East Entry Stairhall—Looking West(neg.71r15 5259-A) � ' , 41,10 I 4 ! 1 � M1 3 t �A, ':,�1� I' IZ W77. I �r L I I r" I Pik I � r I i W +uawnnn rwue'.- I + I Ifj3{I� 1�� � [f#>7 j1i331E�3 l�i� li i E / yE ,,I r riifl i� tlk�ISj� r� .I 31311'��,r` f yt 3 I E{ I O r1 ato-� N l r . F{11,. N I l� r. 1, yyyy}�p I I d • n J � I f E,f '' ✓ t I i 5 R�2 3�,..L•I L r1. -...+. 1}i t I `''1' I,E I IJ 31 � 4 � I I I Exhibit S—MA:North Andover,444 Os ood Street SAMUEL OSGOOD HOUSE Main Block,East Entry Stairhall—Looking Southeast(ne-1.#55260-A) t aut rx;s ;z�rl, Et;� II' �;Etu a 5��� r �. in, I .�� ' :r- e _ Zy � • 33`a r - s - -- p: .-♦ ......E_- � I I [ y i - S Y'AW I � MT E� L1z r - y _ - C t 9 a . '- M!R m � E�ZJAO _ s .Wt I ti.�i YR r? - H- WE ti M% i i ', w?=i X - i kip f rill, r --17, I Tia yMVs+yaS .gMkd� ! I gp .i �az..iSi K3� 1 MW TYR �1 z � 1 �f�71 liaJul;€}I )t� f R�I II M is �i ��r�i�1 �4FP�;F'�rrl,Ch� ���€E�l��r�t��it '�i��• ;,$� _ „a~, � Srz 1 t MINKS r r E w ty kt I a L r* 3 ADO To my Q ! �!3it+ 3i. p Q vT t ' W i'�t�� � ,.app 'i-:E<��. _'\t:%'-'- Nd.".'.i• � i h r -.- r i I 4i I 71f [�Ia i r rrY�r r I - I r E.E � [, � i �t;�l4;I} � '�'. 7� a i �r�l�•` u, I I r .r� _ � t r C ztit dllr z�f4 t�'1rY 3 r t� vFt T�'d[ �Il i,_i-��,jr I r I¢la �i I , i rli • w r, 144 tt ., Wl y. y ftf'` naf�l I ? 3 r E �aY'I rt • r �4 } FE"�S4€€III, NOR V �lt�fld-�gr3f�itttE��tF��� gk ��'9�iS1��' F�p�F iq�°�[[���"��`�H! l't•#,}'JiiSs�faN Slsp0.l�.t:. s .r a?�� k;,' s d 1 a „rltar u stsl e d t }Sd lt�$ �qq S Eu}3r�r t'a rrs 4 f r i l I r eI�y�?u a wFrE�r€ ` Nd L � a „7 w3 " a i U 11 ON SRI Y` t. - - i•S ,� _- �-jam� &'� - � ��a �'z,r �5��,-y� �i a 2 `r��' x Y r� -� M - � _»•ems- '�� 1 3 �a T�' - e II�II II i II� i i i i ExhibltB—MA: .. Nort h Andover,990 Osgood Street, OS GOOD on_ �ous�f hfain Block:?northeast Parlor--East&South Walls ne .#55266-A g ) ...__i p f t [ Exhibit B—MA:North Andover,440 Osgood Street SAMUEL OSGO011 HOUSE - Main Block:Northeast Parlor—North&East NYalls(neg.855267-A) i:- � 1 rte- - Exhibit B—MA:North Andover,440 Osgood Street.5AIMUEL OSGOOD HOUSE Main Block:Northeast Parlor—Looking West(neg.A55268-A) �7- �yy�yy �Y' ��, is i�S�l➢Ll ��'h r'I11'I I .� .._.... Y��F l( 1 I I I I �������IIjYI�a�j� I I I - I I I I _ ✓ r I F i K L❑ � fr�skl+�.+ua W � Nev;. �I r ..w. I,. �I / d' ����}>dr - � th I I , ' -I s 4�r1 ftwF��I sm 3"""..�d.s ,,� .,,;:.J I.-.�..,.. :,��,.,� i . . .,..,.,�` � J/ .• d��}➢F➢t'p7,q �19�°hE E I I r I 'P��� li // !� ➢;fit "Ih�"l, f�bN t 51 c !➢ //- I' - ���:��li �! I , IV.! a a, r I' y.A I j a 1 1 i s 4 ��;� ➢f�,uhf' r � 1S t I I Exhibit B—MA:'North Andover,440 Osgood Street,SAMUEL OSGOOD HOUSE Main Block:First.Story North Hall—North&East WaHs(neg.#55269-A) a. t I j K F til�,t q ,� R 1 F��' `F "��� �1���1�'�'•v'���P�]�{,r i a�. �F��I �„N4 i ttt t tt i �16 1 t1 3 t t t I�IIXRII MI R. Mv, i'k� i � �•at ai�: � i�,'�I ��gt. �" �,fRA°a�� _-, t ' i EFt� I E R llli���1 i s Exhibit B—MA:North Andover.440 Os nod Street.SAMUEL OSGOOD HOUSE Main Block:'First Story North Hall—Looking South(neg•455270-A) (., +!a taro raa✓i - . t n '�' .0 r L st r�GL •'� :� re,u sm rr w' �'[i,,,� r'ir `"d'�i ZY' �iM�.l ✓1J �! ��11S1�L�� l r e •. � r � #Ir.���l,�'v1a(•'�r'i�'�+c a��y,�1�jjj ;?�i L�,r� 1` � r °� - r m!¢Sx°awPq"r°i"I Eg rrr,iii h� if! 345' s3 3k,r hk'iU f 94 M n6".1 r 4 rrrc x�f k r M L ws s { ar�tk;ii '� l�N{�a��$�1��7 criul r! 7a �l, Lk.ur pLUfr t`�+ ,� � 5 n � ��r P��s•��1 �iK Alna i, Yva �rla r, i.. "'D '1� 11 rrr 7 s' al€�3 a. br Vi•`ti I rr-- ° Lils ,ur°ir wr ti'�5a4 .� a. i':��sY sf s��`fii5a�i•1.r�. ..rr��l��rs art u.A L°Si�wsl Izi-� �_,°tY�� s;-_+y t r C't d i' ✓ M7 nwu3iCii`n.taGR'YE&3d6#JLR3zG.�*YAE:F�:X.;'i54iCtli4 -'�C.'�.. �`� Exhibit B—MA:North Andover,440 Osgood Street,SAMUEL OSGOOb HOUSE Main Block:First Story North Hail—Looking Southwest(neg.955271-A) 1 a1 q�3 139 !r l 1 i t , I I I fI I L� f Hi}{{ ,r � s at�� d r1`ZI k.rr; ➢�Ik#r I a Ikfl nr ifv s^ a a rj i I kMal k �I I. _':I r.. 77 }1 },� '1 i , .i� I. 1 }f I { 1 i I y _ 1 •E k i hllk,�1 s' Exhibit B—MA.North Andover,444 Os ood Street;SAMUEL OSOOOD HOUSE rIII�, Main Black:First Story North Hall—West&North Walls{neg.#55272-A} In S _ S t y r Exhibit B—NIA:North Andover,440 Osgood Street SAHiUEL.OSGOOA HOUSE North Addition:Looking Southwest(neg.#55273-A) ;;>: s a s _ r a s= ' ; •4 � F t z r a ' OMNI 353533 S 55 )) Mot gyp.. y-k f s asm s r `0 ¢� ��y } yam° xt f s Hill c i ,Y 3 1 !r 'r° ,.. f iT f z i _, $ i ' p S-'u, 'per- y rs --tt`F. ' r M,L s ME MON LLL 7 r tW 4 { -mg 1` j • i i t t 1 • �e e i � � 1 � { C���' ���'�{r r X 1 x ..x Exhibit B—ILIA, North Andover,ado Osgood Street,SAMUEL OSGOOD HOUSE lek,Northwest Parlor--East&South Walls(neg.455277-A) MR '4�; Y- _ WV MEM Exhibif B--MA:North Andover 440 Osgood Street SAMUEL OSGOOD HOUSE Main Sock:Southwest Parlor—Looking Northwest(neg.#55278-A) Y {s E s.A t a x st zti' � ry3#�g sect}�} iti�e a iix;L +iii a� f a.s x. 4,4 t� r.r,{ 't�. psi+tri 7 �.. �,. ANNaA� �"�f k•. � ?-w �'£ ( � � Vf 3 Ftx- �'� —r y3 '¢�!y fL��s �. a n �-- s - . £`ts i �I I Exhibit B—MA:North Andover 440 Osgood Street SAMUEL OSGOOD HOUSE Main Block:Southwest Parlor South&West Walls(rieg.#55279-A) r21 fg � s x _ x Exhibit B--MA:North Andover,440 Os ood Street SAN UEL OSGOOD HOUSE Bain Block:Southwest:Parlor—East&South Walls(neg,955280-A) .. ' " r ? 1-£ _ 0 - 3 14M, may . - _ ME Pit ?a„ Exhibit B—MA:North Andover,440 Osgood Street,SAMUEL OSGOOD HOUSE Main Block:Southwest Parlor—North&East watts(neg.#55281-A) .^- r -zr— T s 3 Exhibit B-M_A;North Andover,440 Osgood Street,SAMUEL OSCOOD HOUSE " Main Block:Southwest Parlor—East Wall(neg.055282-A) _ + y�• •`d���!'f 1, � '� ei�+���A e+ '771 i I��"' ti?j, kips u0a k. ,• rf w V, t n-� r4 Z R n' —P rib n ro1.;1 4111 i I¢ ,.�11zirE��,+� ��.�� ��� �•4t �'r1II .'"rs� •dC. � 'i � ,�+r+' ,'� � ��t �1u ,:a`+n;;,,h`�y�} r�;,�, �l��If�l '.���1 �4 i ��.C -��..�rK'• q � r �" -�ik 7r.R� '�1�3',ror'�r�i�5��lli�i(t`i! ! � . S. �,vi Vila' 7 1u�,C..y� �;; � .�"V .'L +•+ �'a i 1Ra 4 r }� je (,pryv '.. � ��j' '.r��ry ,� rf rc rL'�t'*1' . .-I! 1S ri IPM l r 1 {�1� Ma ual!#P1 ir'Iw�ri s 3 V 1{ r I r w _� YI �� �^"�„- v di1 ��]�1 f�r a 1 Vf '� i i i j Jlr �.•rrs'°a�.. ''y�y . � 1 t �E �t-- t tl;_i��' -'fy s:: 'I i i i iN� y^F•��:a♦ W...µ+may �y`'�yar h��%.�. ' �r -C (r 01 — ,�. ,iW. .lA\ r�i'• _ ii„��r �y "ice {` 37�,3� �,� II ''. i�� it C'' �'1�.�.M °��.k�.` ,yJl.1+ a - V$-i••;0. + ��'�,,� yk� r�,MG H 11 1.d. i1,fjit� ' _' 1 i�fi ^' ` -' b Mw,.�u„iT`. S� T.L�' 4�.r�o.:'r •4 �. M E�h&t B-MA:North Andover,440 Osgood Street SAMUEL OSGOOD HOUSE Main Block. Second Story East Stakhali—South&West Walls(ne-1:955283-A) I i I 4 „M ,w I 1 N.ry.r�,rrtil *4 III 5 ykJ Y wEttgMAq'WW✓A Ew• :.I N:`ti+r""�"'M'.':I M61 y}.'.��� � n.l � .y�,f�Y y„`/_�•�Y.• wrJ�w yr +.3ryy nom.. 1 ✓ �'" r ................ ro��,•ILS (III' +.�"�V•� 1..:.��M'. qj r'y"�+�, MV^ �'.fr � C �P- �'1 r�-,T: K k�'..4'•G Sy�'� n.,t(+' ,Y'�' :N "Ss 5,I tyr„ r. �r}� I y,.fh+ •r n ' Ykdy��ka" dry 4Cti; k�ar r i•' '��` a �'a'PI ...i - cy�� a"°4":y,�j '„y"re-!'y n ,�, a�T y�'h Ex hib it B-�MA: forth Andover 440 Os6od Street SAMUEL OSOOOD 14OUSE Main Block: Second Story East Stairhall—West&North Walls(neg.4552844-A) �r rr N.. J �jr.,;. ^,,,.V L„ ". •�1\ »iI� 4 !V1, .•e'+'f. --i $7>�` �°' .. ".A"e, 1.. �_4 .rn y' x� :r.+ yey n�v�r �lii 4..3:. b •'aw ..� •7+:,µJ -,'.�} 'TL' X,JaJ -I •�+,... h M+NaG!R F A .5,,, '•i?1 '. ^�y •M ..`r �.R L�wi.;J.�/�.rY.rA.:'�.i y.P`n R 'i�II L" el 1� ''.'s, t s - �-+$•*�o' . �'�"� yi ,y, !"" J �� � '+%' y.J•.. �iE,'�•,"g'"Y ��.,� �•,•n W aw�+. ; d r �° •M. p+ .". ,a ..'L�JG n4y1T 1G+ •< 1 05 C+ I Fol- "�, ✓. L �Zr—tp���� f'r'_G,r� .e-�r`��"a��ti'��� ..t+ r ��..t•'��.'" bs . h�r 11 _ :_ - d !� '�I ,��`�,�'.fir �,�,�'� ,�, '•„y'�^I.w �'y��, �'�'� I �.�-Y' Iiu'1PMMMU+ .... _ w ill �.7 �" `�-' ���w�df�e'4 � •r4? �, �r„�Ir . ;� I ar e:�sann Ke NIf�Afl� ia+saNa��«w'�'"����Jdf411dii I :_W� o„�s� i':1< �. I I v��aa»w+ •.��.rrrr"�}�d�19t',,. A, ...' :.may_. i�e> � .wX `t ii•�i�:i'i p.[+�M ""�ipwre�'TaFypf�f" FY6ikMri.!A 1 1 .2 e�- �..n.•�".�..p.., N s wwlatvpre���iu.^�ca�a�ifli•.lal.:r, -•7 �:�a rl�u. 1 n*�ww:r. oryiutt.lw+.� 4',7 lc.� min slowL" 0 Exhibit B- MA:North Andover.440 Os ood Street.SAMCJEL OSGOOD HOUSE Main Block: Second Story East Staiiroall .North&East Walls(neg.#55285-'A) 1, � W •�M Y I I l� I ...�I.,y.i ,?. � -► �'r'�w��. Y^�sr�,� r.+"",+,v�w+'�� � it t r r N •.,. Y y .41^}T�w h�Y 1 �N J`I & f�.: W, 4'"pF�s `]� !�,� . ems a"CJ � " �� ' l rGj�•.y ft-M+� ] mt Exbibit JB—MA: North Andover;440 Os ood Street.SAMUEL OSGOOD HOUSE Main Block: Second Story East Stairhall--East&South'Walls(neg.#55286-A) 1c f' _ 5S p _f e a— ' Y 1 3. - 3 - �g Exhibit B-•iti1A: North Andover,444 0 oad Street SAA.TUEL OSGOOD HORSE Main Block:Southeast Chamber—North&East Walls(neg.955287-A) y_ y0 v�-c ��plti k _ " - f _ S W ; i,Aa 0,ghl .�,-�}�'r��� � � L � - ♦ c. c 4 CJs �- - _ - i 5 F 1 5 F G — Y �n W 17 } ll 1 b c - Exhibit B—MA:North Andover,440 Osgood Street SAMT3EL OSGOflD Main Block:Southeast Chamber—Looking West(neg,#55289-A} m'Sa^'iPyy slTi p 4" eTrTay 4• S'rJ i Iil 7 i i c i r�ld Nt LJ i eF l {�S+3h �yi 'l�lff1E 1 i I is 1 - i i�•I,liI r�" 1'P �'���!1ul:Jali>Ic,jll io,Li s =I el,.i,�.dto 4a+Rad a*l�i, t' - ,�u� `mr�i',.`.dr.ii?(g i!'r,l,i„,.I i '� I�I ' ,�• p - 5y'"§'a a4i'i} ��lti id ' iiitll i 'F e a-0fllE) �ik li -� iN 2k�t�FPJ .i� tlI 13n�• i v 'r.irl.�.�"'".�' " � I . ' _ �.1�tdXf fi 1' eexxuu �]n ci wtc NI - 1' a:n 1 la tic { 1 �''1 is nlif YS 1i 1Li71i i'r +'s2S�s E�1 � �, � X41-. .' .•... 4 �_�� �' s..aa?„ 3 .i �ci lE Mw h T r ➢ c574 r rvaf i iy iqt ail ' i l! r '�- wi I i' isi �,. I i t YrFp 4 t 3 i y l i ^i. I - t 1 rN! Al f k .!f 'ZjJ $ 'I E I II I I i IY� D 3f l IAit i 457. iii i � �� l li EI rl i i � r qq ' I I Exhibit B- MA:North Andover:440 Osgood Street SAMUEL OSGOOD HOUSE Main Block: Second Story South Bath--South&West Walls(negg.455290-A) � �l Ulm ll^l1i j.) } r ✓1 Yfjfj� �ii M }� � i-�r I - ;f ,i i I � �3 ,r 1. } 3 !< 3 i. E E A I yri° I I1j I I I I Uzi, all Exbibit B W MA:North Andover,440 Osgood Street,SAMUEL OSGOOD HOUSE Main Bloch: Second Story South Bath—East&South Walls(neg.#55291-A) _ KAn s M t1 i �. TON 11 JEH d a_ AM AM 7- _ -- - IL 3� Exhibit B—NfA•North Andover,940 Oseood Street.SAiN EL OSGOOA HOUSE Main Block:Northeast Chamber—Looking Southeast(neg.#55292-A) r.- V 1 1 _ 7 PEI J": t - Exhibit B—MA.North Andover.440 Osgood Street SAMUEL OSGOOD HOUSE Main Bloch:Northeast Chamber—Looking Southwest(neg.#55213-A) _ F jffff JY 4 Exhibit B—NIA:North Andover,440 Osgood Street,SArYWEL OSGOOD HOUSE Main Block:Northeast Chamber—Vest&North Walls(neg.955294-A) 1 S'���f1,�iti1 Fs - _ }�•� �f �:� Fmk � � ''� 1���� 3 � _ • Y q '.,�`, E s• ; - ms's' t iE x .H U 1 xhi6it I3 14fA:North Andover,440 Os ood Street SAMUEL OSGOOD HOUSE Lfain Block:Northeast Chamber—Forth&East Walts(neg.9-55295-A) .. -.• -..�-'.'ter.:.., I........."........ u" ]i :Y 4 f� �• 1x b 1.�1 Id Y(It!j I F III i I i � �r�� llti�i �i •� 4�,��'Si I(e I,j r,i � I � I r ^ !� art ,s"` Oil i�q Gat ° g7 }Spa r-rl hI� 131`5!1(�I 1!"r?11�lff"!Ni tl>Na `�'�I'�a''ft't9t��rfl�a��n7r�����_���xia�E a,�,,- e���•� U Exhibit B 1VIA- North Andover, 44Q Os oorl Street;SAMUEL OSGOOD HOUSE Main Block:Second Story North Bath—North,&East Walls(neg.#55296-A) Vs'ia4 �s 7�lR i[ 3��rifiFl}hi}i ° � 1� ,�21f1iI1F H. ,I `3 SIF t i{iFf Ott -1 t i.. S I h!I o- a� Syyi�t �.3,�(e Stg t°BSI a �1 @ v ��j������; 4 S'i lf,l l t }ta }� Ilil{f III° { 3 iJa ISI,t II ', W.! I 4t��i�fu 1'z I nI 3t� s��a41i li�ti 31i� r l It l] r 1 7 { I. i iS 1{I a3 I K - � 1 7,! 1 ,t 1 1I3s� °� d'• g�{1!{{1 4 rS I z I�>ii �1 °�,'lf3�1 ! ,i.rl I,i�lti!.I,�{ff� i�iII9{.= fi�S,yI{$I ��' IF,,I t`i�i II Il 7�"P 1I lill��"I aF Ee 1 6� 1 l i t�I, i�Slili FkL ti..zd,-'.€' F . ., l �wfl . � I I I . Exhibit B- MA:North Andover,4 400 szood Street,SAMUEL OSGOODHOUSE 1 Main Block: Second Story North bath—West&North Walls(ne,.#55297-A) "'``„ I _ E t F ' Exhibit B—MA:North Andover,440 Ospood Street,SAMUEL OSGOQD HOUSE ' lk Main Bloch:Northwest Chamber—North&East Walls(neg.#55298-A) _` - ' � a !� s� LYx a— - m Exhibit B—MA:Norte Andover,440 Os_oo 1,Street,SAINTUEL OSGOOD HOUSE l Main Bloch:Northwest Chamber—Nest&North Nails(neg.#55299-A) w EYhlblt B-i4IA:North Andover,440 Osood Street,SAMUEL OSGOOD HOUSE - =s Main Block:Northwest Chamber—East&South Walls(neg.#55300-A) �?, i Exhibit B—NIA:North Andover,440 Os ood Street SAN UEL OSGOpD HOUSE Main Block:Southwest Chamber-North&East Walls(neg.#55341-A) 1. ; w�- Y E Sf X=.T` t ExhibitB--MA:north Andover,440 Osgood Street SAMUEL OSCOOD HOUSE Main Stock:Southwest Chamber--West 8c North Walls(neg.#55302-A) .. ...: - _ ._... 4 - - E Exhibit B—MA:North Andover,440 Osgood Street SAMUEL OSGOOD HOUSE Main Block:Southwest Chamber—South R West Walls(neg.9553133-A) I 1 Exhibit B—MA: North Andover,440 Os¢oad S#reet,SAlliilEL t35GOOD HOUSE Main Block:Southwest Chamber East&South Walls(neg.#553 04-A) d�3�q� ls�E � i$ g71 I z r{kl[ ail 4, 1 �.��§� � Ir§I����)7 I � N.. !♦K� —1 f r I {9" JIP f n �J u� N'� - .w 5 3 e{YY'3� t�litl� i Ey��i�l. {y t1r� rl� Rllra. I s i}rar,io-i I�i��1Ji�1t1ii�`iYy��zlµi NI,.l yEL�ld 1'�'t $t st 3 j `,- �,� mg I l ss FF7r� j�F i�t� �I1�Ff3it����I n I zIIrE lry ��l �� i7,E i 4 ti r'9 Ir l v! s�ryi 11 Ir31!'1`ilri rli�q¢� �lay ;1 1 lE�rl sl sl t i I.j �,� ser�1�lkk f��1 Jl fli l�i� crE���!P .'1 a ' r 11 n�n�srEa E°Igr�i t�i� �E y n]' H �21 t` 7 3�f;uGf dpi rw R' �36i�S#3d} �N)Cl�r t i I I I I I I 'i Exhibit B—MA: Nortb Andover,440 Os ood Stree SAMUEL OSGOOD HOUSE Main Block: Second Story West Stairh;all.—Looking West.(neg.#55305-A) kw 1{� 5y€�14ity�33i 1 �:-. w 3 1�lifll� � II �� ,ti �.; L�1� I€ , Q14 fi'sll d y •V. � {. f 1 ! �Flee�II .€� �r€ cI'tr e ,, 'f t!, t , 1 W�' ,i iii 1 Ili ���iG Il� ii11'i t 14! . I € ii „ IM. Ea e �E`I E ,�i�}r{t�Z �lS�r�i 73 i ! J� 7 +1✓<�H��fi tits ���' �bfZ�I kty. ! y4 IiE IZlrn �i1j . 5. eR 8 r e. + till Ii ri Exhibit B-.MA:North Andover 440 Os ood Street,SA.MM OSGOOD HOUSE' Main Block:Attic—West Hall—Looking Southwest(neg.055306-A) °1$E"�°t"1R'Y`tg�7771 t lK+l'}if+n*! !�' I"fS`RfllnP�'21"C'°"I"fYPM1YMgAe^�Y! ��1` �`hY� E'Tf1^ i � I 7 �I I ,a d¢I (xf: ! I � II ,3�Ei II ! I$; 'i Y ( if��ts�all 1�1 t tl-1�' I i'��u �I� �I �, i I t<�tt ! 1�rt ��� , i E E 1�t'�S '! } lI I ,I a1y11 f IEE�1 i1 CIE {Stfl{Wrrml I Itl n1�11E�s[e!';?i h�;fi11 k V) �D VO i�1k�ils��rf'1�rd11y1 I � I1 I li§, O �� ry'F 1 141 W n 0 M I 1 y I + 1 k, >t�2 I'Ji{Ih' oj �L:Y111 }11l- � I 111 11111,f}[4f i� � bA ill I 1 IIyyCrr' a C r � ? i y ^y »f �•_ l k� 'lam C� � �' �" T'S ,2�' AN ` zsa C - ) Ma q a p hop LOS Tt 4 IN G 90 KIN- _ tt. r 411} - 3 -z � y, a o k3 -^ M ................. ............ WE zu 3 � GS NI t Y _ r J 4 •c �_ i ° = F 5 ;. Exhibit B—14IA:North Andover,440 Qs ood Street SANTUEL OSGOOb HOUSE Main Dlock:Attic—South Room—Lookvig i`lodliwest(neg.#55314-A) iz !lg �yf F✓�P�j��M / I�i{i�r � f I "i l!!P fsf sry���V lt:ir fE l -� A i e9w � Fd r1 l�L"�1,llyp I,�i1�3 �-'""P+�'`• r' '!.�1 i i� s Ilr,s t•�,;4�s I I I r r I Rif r InroTo Al tw im I ; I O I � P r.r A ��w O I r SS`6 + 7 1�Y� •--1 �fiR r- j Vl N is • c 0 0 j r3�va�.E��'� c4 .Y, � f fut Ak OF r r r 'r - � t .✓-- � .. F rP s�'�� v� �5 1 1 1 � � •1 1 1 � � � � � �£f"'te' Y�'��a E �� � �••�� �- :'°_ -""11 � -.::C Sri' _ ., Y°. ? ���f � � �: --c- MON -s 4� j r.�. °33 : : 0._m-u",- - ''e -ti'` �.�yT - mod . poll Wei _^ rs 56 I� f ' q�"c.tea• .-- - i§°r -.r,c �� ,�rsY�° A •� `z.,1` .: _ ����e. it ? �- �- - �.' - r2'rf "''� 'i- .G,. �,cc `'. ✓aEy .F "r may-, ii Y `"rim• - sy �`' n _ c '� _ �`;tea �, _. -X83- sa.,'.. � - �• � q• T� � ,: y x t 'j 1 ,} t j f. s =3 _ 3 s ,f ��,+�. �°'�* L� ,�=-� mss• �; �,., -. �3 ON F � _ SAMUEL OSGOOD HOUSE 440 OSGOOD STREET NORTH ANDOVER,MA EXHIBIT C FLOOR PLANS FIRST STORY (Not to Scale) WEST REAR STAIRHALL ELL NORTH HALL SW NE PARLOR PARLOR T � SOUTH South ENTRY NORTH Entry Porch-HALL ADDITION SE NW PARLOR EAST PARLOR ENTRY STAIRHALL MAIN BLOCK SAMUEL OSGOOD HOUSE 440 OSGOOD STREET NORTH ANDOVER,-MA EXHIBIT C FLOOR PLANS SECOND STORY (Not to Scale) I SECOND STORY WEST STAIRHALL SECOND STORY NORTH BATH LI/ z SW NW CHAMBER CHAMBER SECOND , STORY SOUTH BATH SE NE CHAMBER SECOND CHAMBER STORY EAST STAIRHALL SAMUEL OSGOOD HOUSE 440 OSGOOD STREET NORTH ANDOVER, MA EXHIBYT D SITE PLAN I (Nat to Scale) I CARRIAGE SHED - I GARAGE CARRIAGE BARN r i ,ii. SAX"L OSGOOD ♦�,,•'`* �: HOUSE ;+ ,+yrrlala t r � I s r s f+ ♦i I i r � r ' r � � r - BOULDER& PLAQUE - G I OSGOOD STREET I i i ,I COMMUN17Y DEVELOPMENT DIVISION Building Conservation Health Planning Zoning MEMORANDUM To: Andrew;4aylor,Town Manager FROM: Eric KJouq6Director RE: /VfbnjaNa Unit Resale � DATE: September 1S, 2O15 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/s identified ae the following: 2 Harvest Drive—Unit 1O4 (OakddgeVillage) 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 developments monitoring agent,CHAPA, who possess better resources to preserve the unit agaffordable. They have been retained to market the project andwmrkvvith many other communities on selling affordable units. It|s recommended that the Board of Selectmen not exercise their right of first refusal. Once the Boon] makes a determination CHAPA can identify an eligible purchaser. lN0 Osgood 5hoo\NodhAndover,Masso(husetts 01845 Phone 970.688.9531 Fax 978.688.9543 Web wwnJmwooymorthondovur.mm r t AGENDA COVER MEMORANDUM To: Board of Selectmen Thru: Andrew W. Maylor From: Laurie Burzlaff, Executive Assistant Date: September 24, 2015 Re: Columbia Gas of Massachusetts Request from Columbia Gas of Massachusetts for approval to excavate 2 Marbleridge Road for the purpose of installing new gas service. 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 LAWRENCE DIVISION Board of Selectmen Date: 09/11/15 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. Norma Lopez Marbleridge Road 2 J. O. # 15-3396673-00 Dig Safe: 20153707361 Approved, DPW, Date ig i� Columbia Gas of Massachusetts—Lawrence Division By C h1 -J Three days prior to beginning work the petitioner will notify the DPW to mark out sewer, water,and drain pipe'locations. 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. — /5-1 33�6 45"73 CV Selectmen, Chief of Police Officer Needed @ Site Marbleridge Road Gas Service Installation of .ssdCi,.Useits A NISoame Company N WE S �Q �o`O 4' x 6' road cut tie �Q0 `� in 4' x 15' road cut trench - _ 614 Legend: 29 Gas Valve Closed-Critical Closed-Not Critical Open-Critical r-074 ® Open-Not Critical e 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 Steel Plastic Cast Iron Wrought Iron Fittings Other _All other values ®Historic Map NOTICE i s map reflects� h oxi a£ location f +ti g Prepared by: Thomas Brides mains and mus'not be osed to commR Coiurnba Gas a sash, Pm unt oca4;c- r ;< r Date: 09-02-2015 checked b the company,y BEFORE OU DIG C 888 Di 3) A a tioiani Coordinates: b cre you !_ .umber:811 _ GCS(Lat/Long) in DMS.Datum:WGS84 Licensing Commissioners TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 E OORTy Sir 46t��ic ti6���O Joyce A.Bradshaw,CMMC a Town Clerl; Telephone(978)688-9501 '' * FAX(978)688-9557 e<wT..; � ACHUS� MEMORANDUM TO: Richard M. Vaillancourt, Chairman,Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Suzanne M. Pelich,Asst. Town Clerk DATE: September 21,2015 SUBJECT: Change of Manager-Edgewood Retirement Community Attached please find the application for a Change of Manager at Edgewood Retirement Community from Marlene Rotering to Louis D'Angelo. Included is a favorable recommendation from the Police Department, Please do not hesitate to contact me if you have any questions or concerns. Thank you. /Go— TOWN OF NORTH ANDOVER BOARD OF SELECTMEN GENERAL APPLICATION This is a general application for a license that the Board of Selectmen may grant. All license applications to the North Andover Board of Selectmen must be accompanied by the following n information. Indicate if license is: new !r i o s f e r. ❑ change of dba❑ Other C��_I n 'V List type of license(s)applying for: Common Victualler Package Store All Alcohol ❑Class I N o.of vehicles for display: 7 Restaurant All Alcohol ❑ Package Store Wine&Malt ❑Class II M.of vehicles for display:_ Restaurant Wine&Malt Fortune Teller Club All Alcohol Vehicle for Hire/Taxi No of Vehicles: Annual Entertainment Sunday Entertainment Electronic Games-list below: Jukebox Billiard Table No.of tables: Business Name (legal): dba: J Please attach copy of business certificate if applying as dba or individual. If business is a corporation or LLC, please attach: 1. Certificate of Good Standing from the Secretary of State's Office. 2. Corporate Vote authorizing business at the location. Address of licensed premises (include zip code): S-75- 5 TOC4 mailing address (if different than above address): N - A 14011�/ Name of individual/applicant authorized to apply for license: L o"`-` s Business tel. no. of applicant: 7-2s` 3-3 0-0 Business email: F.E.I.N:(F.I.N.). Please check one of the following:❑own premises ❑lease premises❑property under P&S Name and address of property owner if different from license holder: Name Address If applicable, please attach copy of lease and/or Purchase and Sales Agreement. Do you currently hold a similar license? What type? Have you previously applied for a license? (Yes) ❑ (No) Have you ever had a license revoked? (Yes)❑ (No)❑ If yes, please indicate why: 1 If there is a building or structure associated with the license, please submit the following (preferably on 8112 x 11" paper-no larger than 8 112 x 14"): 1.Floor plan (include seating area), and 2. Site plan indicating parking areas and access to town ways. If applying for a Class I or Class II license, please submit a plot plan that shows: 1.The number of the vehicles on display 2.The exact location of the vehicles 3.Customer parking 4. Office area Proposed hours of opera ion: Monday ; .Z— 6 Thursday _ Tuesday 12- C7 Friday 1:2 Wednesday, / 2.— -Saturday I �1- — F Sunday (Specify liquor sale hours if different than regular establishment hours): Has the applicant operated a similar business? (If applicable) Name of Business: Address: Federal Tax No. (If applicable): I certify that the North Andover Police Department may run a criminal records check for any prior offenses and that this information may be transmitted to the Local Licensing Authority at their request. Date: Signature: I certify under the penalties of perjury that I,to the best of my knowledge and belief, have filed all state tax returns and paid all state and local taxes required by law. Date: Signature: I certify that I have read through the conditions included with this license and agree to comply with any further stipulations that the Licensing Authority may from time to time approve. I also hereby authorize the Licensing Authority or their agent to conduct whatever investigation or inquiry is necessary to verify the information contained in this application. Date: Signature: Please contact the Town Clerks Office at (978)688-9501 if you have any questions regarding this application form. Reviewed and amended:2011 2 Ai NORLH ANL ---Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Suzanne Pelich FROM: Lieutenant Charles Gray62�- RE: Change of Manager-Edgewood DATE: September 11, 2015 Please be advised that the Police Department is in receipt of the General Application for a change in manager of the Edgewood Retirement Community, 575 Osgood Street. The applicant, Louis D'Angelo has passed a background check. At this time there are no issues or concerns. i x 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER,MASSACHUSETTS 01845 NORTH OF,t4eo <6A'{< Joyce A.Bradshaw,CMMC a x A Telephone(978)688-9501 Town Clerk, FAX(978)688-9557 CH MEMORANDUM i TO: Richard Vaillancourt, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Suzanne M. Pelich,Asst. Town Clerk DATE: September 21, 2015 SUBJECT: Change of Board of Directors In pursuant with ABCC compliance, Joseph Lynch manager of Club 2104, aka: VFW is requesting approval from the Board of Selectmen regarding the updating their club officers. Attached is the recommendation from ABCC and a favorable recommendation from the Police Department. Treasurer Phil Spitalere Clerk John O'Connell Director Phil Spitalere Director John O'Connell Commander Mike Wilson President Clifton G. Stone Director Michael Kowalski Director Lynn Spitalere Director Bob Turner Director Bob Dufresne Director Clifton G. Stone Please do not hesitate to contact me if you have any questions or concerns. Thank you The Commonwealth of Massachusetts Print Form RN Alcoholic Beverages Control Commission 239 Causeway Street Boston,MA 02114 wsvw mass.govlahcc RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED,AND SUBMITTED TO THE LOCAL LICENSING AUTHORITY. ECRT CODE: RETA CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: $200.00 (CHECK MUST DENOTE THE NAME OF THE LICENSEE CORPORATION,LLC,PARTNERSHIP,OR INDIVIDUAL) CHECK NUMBER 11892 IF USED EPAY,CONFIRMATION NUMBER A.B.C.C.LICENSE NUMBER(IF AN EXISTING LICENSEE,CAN BE OBTAINED FROM THE CITY) 082600010 LICENSEE NAME Club 2104,Inc. ADDRESS 32 Park Street CITY/TOWN North Andover STATE MA ZIP CODE 01845 TRANSACTION TYPE(Please check all relevant transactions): R Alteration of Licensed Premises F� Cordials/Liqueurs Permit Q New Officer/Director Transfer of License Change Corporate Name F-1 Issuance of Stock F-1 New Stockholder F­] Transfer of Stock Change of License Type Management/operating Agreement ❑ Pledge of Stock Wine&Malt to All Alcohol Change of Location 0 More than(3)§15 ❑ Pledge of License 6-Day to 7-Day License Change of Manager New License F­) Seasonal to Annual ❑ Other THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND SUPPORTING DOCUMENTS TO: ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396 BOSTON, MA 02241-3396 7/14/2015 The COMMMrveallhcfMassachusetis William FramisGalvin-N oWolit Corporation Rings The C®mnn®nwealth Of MaSSaChusettS Nnimuin gee:s15.00 William Francis Galvin Secretary of the Commonwealth, Corporations Division � One Ashburton Place, 17th floor Boston,MA 02108-1512 Telephone:(617)727-9640 Arinual Rep0p'4, 2015 -- ZGe,Mraf Li p. Chapter'tip) Identification dumber:ODIUM g0 Filing for November 1,2015. In compliance with the requirements of Section 29A of Chapter one hundred and eighty(180)of the General Laws; 1. Exact name of the corporation:Q j 21 Q iNr 2 Location of its principal office: No,and Street: 32 P STREET City or Town: NO,ANDQVR State:MA Zip:01845 Country:Tag 3. DATE OF THE LAST ANNUAL MEETING:=501i (mmiddlyyyy) (If none leave blank) 4.State the names and street addresses of If officers, including all the directors of the corporation,and the date on Which the tern of office of each expires- Title I! individual Name t Address(n o po Box) �f Expiration Frs.Middle,Last,Sur ,..�y q Address,City or Town,StSte,7,rp Code TREASURHR �^•°y�A:xYx .�x+ . .,. ..a Zr � of Term 1 PHIL SPITALERE rS�'^.�. .B `"°.°"" R t i 17 BANKCROFT RD LONDONDERRY,NH 0$063 USA y ELE UCCTCEEI7SSOR k CLERK i r JOHN O'CONNELL _ y s 1147 BOSTON ROAD '°---I BRADFORD,MA 01835 USA k Until Successor tl "�a.....�k,.. �. ...,. 0 7,... ..,.� L EleotEd I, PHIL SPITALERE b 17 BANKCROFT RED ` `"""'�"" —01F;=`"x`°°^°�°�^�����--....�. .� � LONDONDERRY NH 03053 USA �UNTIL SUCCESSOR DIRECTOR r °""'r 'a"=3"° " ..w� ti— �.«.., ' ELECTED JOHNO'CONNELL + .�.."'°.�-,.^®�..^�..►.;-- r 1147 BOSTON ROAD d I; ' t $RADFORD.MA 0183_5 USA f Until Successor Commander Mike VASon ��• -p - —" ._ _ �__ �a ..�.�. Eledad F 32 Park Street ` --- -'°' 9 President �a,,, ,� r a-�j.NOrth Andover MA 41845 USA Until Sucemor 4 Crdton G.Stone _.�.,,, . ..,J, ,�, _..n.. ..... ..�o t 17 Halifax Street Until Successor G � .�.. .�. North Andover,MA 01845 USA K Director t """-^�,�.. -�.4M�•-- •- j Michael KowaLsld ; . ... .._. -. �,�...,,,,,�,.,; $A WalkarRoad °^°'��w :.�� �:�, . North Andover MA 01848 USA Urftil Successor Lynn SPdalere 123 Mercury Terrace u a Haverhill,MA 01832 USA U Successor Director .m *« y, .-...�.� y. .,....w,, Bob Turner a ad ...A.,...�..r E le ct 66 Saunders Street "-. nfil u or .4 X D1reCtor :�,NortAndover,MA 01845 USA � UntiEleaccessor 3 Bobbuf2sne >°e�,. ..�..,�«-.�.o.�k... Elected* 1&Danie11e Drive Unt��u�cCessor p aw Ot North Andover,MA 01845 USA ry Cliftors G.Stone ; 17 FlafdaxStreet ��`""' "°` s Untll successor North Andover 01845 LISA a Elected 6.Check if the corporation is a cemetery corporation that does NOT hold perpetual care funds in trust if the corporation is a cemetery corporation that holds perpetual cane funds in trust,a copy of the written instrument establishing the trust and any amendments thereto must be attached,and the annual report must be filed by facsimile,mail or in person. _ r(Sl r's Contact Information fer a contact name,malfing address, and email anflor phone number.) https:/lcorps3G,sla�,maul/ctxplFiiingFormsfp300004.asp7stage=C�irm 1/Z 7�9 ZOt5 The Commffm-vslth of Massachusetts Wrlttam Francis Galvin-Contact Name; �ea L�� » SPA N OWOffi Corpaon Filing Business Name: Pamela L.Hilt o CPA No.and Street: 2 Central Street Suite City or Town: swich State.Ma t) 938 Contact Phone: 97 42 ext: Zip:. i Country:USA Contact Email: 1 a orn Please provide ant email address to receive an expedited response from the Corporations Division. If the filing is rejected for any reason,you wilt be contacted.if no email address is prodded,correspondence from the Division will be sent by mall. Please select delivery method for annual report.notices: -X- Email H11 )NCP k@ .0 QM Mail I, the undersigned,Cli n Q. Stone of the above-named business entity, Laws,Chapter 150,hereby certify that the above information is tru nd correct as of the dates Shown.IN WITNESS WHEREOF AND UNDER PENALTIES OF PERjURy,I hereto sign my name on this 14 Da of July,2015. y :.Make corrections Accept ®2001-2095 Commonwealth of Massachusetts All Rights Reserved j r w+.....n.............4+....+...�.a......rc��c...c..,....m�rvwtt.o..��nv,r...fr..n of � i �A NORTH ANDOVER `' l ---Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Suzanne Pelich FROM: Lieutenant Charles P. Gray RE: VFW Alter of Premises DATE: September 18, 2015 Please be advised that the proposal has been attached has been reviewed. The Police Department has no issues with the proposal. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 RECONMENDATION OF THE INVESTIGATOR LICENSEE : Club 2104, I1 TOW No Andover APPLICATION FOR: ( )New License O New Officer/Director O Pledge of License O Transfer of License ( ) Change of Location O Pledge of Stock(x)Alter Premises OChange of Manager O Stock transfer_LLC CHANGE DBA CHANGE CORP NAME I have reviewed the application and respectfully recommend that this application be returned to the LOCAL BOARD for the following: The applicant needs to update the off/dir for the club The people that signed the vote are NOT the off/dir listed in the ABCC FILE Applicant MUST file an application for new/dir with the Local Board Please Resubmit 6 /6 Investigator Timothy Hooton Date 'The Commonwealth of Massachusetts ❑ For Reconsideration Alcoholic Beverages Control Commission j 239 Causeway Street Boston, MA 02114 t, www.mass.gov/abcc FORM 43 MUST BE SIGNED BY LOCAL LICENSING AUTHORITY 082600010 NORTH ANDOVER June 1,2015 ABCC License Number City/ToNvn Local Approval Da��tee 'TI2 AN'SAC'F10N'TYPE(Please check all relevant transactions): ❑ New License ❑ New Officer/Director ❑ Pledge of License ❑ Change Corporate Name ❑ Transfer of License ❑ Change of Location ❑ Pledge of Stock ❑ Seasonal to Annual ❑ Change of Manager Q Alteration of Licensed Premises ❑ Transfer of Stock ❑ Change of License Type ❑ Cordial$/Liqueurs Permit ❑ Issuance of Stock ❑ New Stockholder ❑ Other�� ❑ 6-Day to 7-Day License ❑ Management/Operating Agreement ❑ Wine&Malt to All Alcohol Name of Licensee Club 2104,Inc, EIN of Licensee 04-2039054 D/B/A N/A Manager Joseph Lynch ADDRESS: 32 Park Street CITY/TOWN: North Andover STATE MA ZIP CODE 01845 Annual JUN M Z n All alcohol —� Club Annual or Seasonal G E! �I Category:(All Alcohol-Wine&Malt Wine, Type:(Restaurant,Club,Package Malt&Cordials) Store,General On Premises,Etc.) '... Complete Description of Licensed Premises: Front rear and side exits. Basement with lounge,storage rooms. Main floor;function room,rest rooms,kitchen bar. Constructing a 10foot x 28 foot,10 to 12 seat,open deck with cement slab foundation&frame roof overhang. Access to deck will be from interior of club only;deck to be used as smoking area for member and guests. Application Filed: May 12,2015 Advertised: May 20,2015 —� Abutters Notified: Yes ❑X No ❑ Date&Time Date&Attach Publication Contact Person for Transaction Mr.Joseph Lynch,Manager Phone: 978-687-9614 ADDRESS: [32 Park Street —� CITY/TOWN: NORTH ANDOVER STATE MA ZIP CODE 01845 Remarks: s The Local Licensing Authorities By Alcoholic Beverages Control Commission S L Ralph Sacramone 1 J Executive Director 7 �a _� � / , .":""_ •���.. ABCC Remarks:/ .� TOWN OF NORTH ANDOVER OFFICE OF TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 tkORTH 6 Joyce A. Bradshaw,CNINIC Telephone(978)688-9501 Town Clerk, r FAX(978)688-9557 MEMORANDUM TO: Richard M. Vaillancourt, Chairman, Licensing Commission Members of the Board of Selectmen Andrew Maylor, Town Manager FROM: Suzanne M. Pelich, Asst. Town Clerk DATE: September 24, 2015 SUBJECT: Thirteen One Day Liquor License Requests Attached please find applications for Two All Alcohol and Eleven Wine &Malt One Day request to be held at Merrimack College as follows: • October 10, 2015-Onstagers Cabaret Performance to be held at the Rogers Center (A/A) • October 16, 2015-Mactober Fest to be held on the Cullen Ave. Lawn (W&M) • October 17, 2015- Bruch to be held at McQuade Library (A/A) • October 17, 2015-Legacy Reception to be held at the Rogers Center (W&M) • October 22, 2015-Cabaret Performance to be held at the Rogers Center (W&M) • October 23, 2015-Cabaret Performance to be held at the Rogers Center (W&M) • October 24, 2015-Cabaret Performance to be held at the Rogers Center (W&M) • October 25, 2015- Cabaret Performance to be held at the Rogers Center (W&M) • October 29, 2015-Cabaret Performance to be held at the Rogers Center (W&M) • October 30, 2015- Cabaret Performance to be held at the Rogers Center (W&M) • October 31, 2015- Cabaret Performance to be held at the Rogers Center (W&M) • November 6, 2015-New Black Eagle Jazz Band to be held at the Rogers Center(W&M) • December 4, 2015- Capital Jazz Orchestra to be held at the Rogers Center (W&M) Included are favorable recommendations from the Police Department, Fire Department and the Building Inspector. All fees have 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp @merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Onstagers Cabaret Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/10/15 7:30pm-11:30pm Non Profit Organization Other Than Non Profit Wine&Malt All Alcohol X Wine& Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?�SODEXO/M ERR[MACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? . TIPS CERTIFIED I,the undersigned, understand and.agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature Date 9/1�///J_ Massachusetts General Laws,Chapter 138,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantoomerrimack.edu 978-837-3523 Location of Event: Cullen Ave Lawn Type of Event—Macktober Fest Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/16/15 4pm-8pm Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?^SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signatur Date 911,>/// Massachusetts General Laws, Chapter 138,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp(Mmerrimack edu 978-837-3523 Location of Event: McQuade Library Type of Event—Brunch Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/17/15 9am-12pm Non P rofit 0 rga n izatio n Other Than Non Profit Wine& Malt All Alcohol X Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?_SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature • Date Massachusetts General Laws, Chapter 138,s 14 TOWN OF NORTH ANDOVER ONE DAY LIQUOR'LICENSEAPPLICATION (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: MERRIMACK COLLEGE Name&Address of Responsible Party: MERRIMACK COLLEGE/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp(@merrimack.edu 978-837-3523 i Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Legacy Reception Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/17/15 3pm-6pm Non Profit Organization Other Than Non Profit Wine &Malt X All Alcohol Wine & Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?____SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature ate.$ IV Date j �J Massachusetts General Laws,Chapter 138, s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp@merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Cabaret Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/22/15 7pm-10pm Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?_SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned,understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature / Dated Massachusetts General Laws, Chapter 138,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp@merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event-Cabaret Performance Is the event being catered? ' Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/23/15 7pm-10pm Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine &Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?^SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I, the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signatur � Date d I//-,-/-,- Massachusetts General Laws, Chapter 138,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp@merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Cabaret Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/24/15 7pm-10pm Non Profit Organization Other Than Non Profit Wine &Malt X All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?�SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's SignaturefFi Date 71d/ 1s Massachusetts General Laws,Chapter 138,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp @merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Cabaret Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/25/15 fpm-4:30pm Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine& Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?,_SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Y�2"Z�P Date �/�/l/S~ Massachusetts General Laws, Chapter 138,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp@merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Cabaret Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/29/15 7pm-10pm Non Profit Organization Other Than Non Profit Wine& Malt X All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?`SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED 1,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that 1 am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature Date p ", Massachusetts General Laws, Chapter 138,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp@merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Cabaret Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/30/15 7pm-10pm Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine& Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?_SODEXO/M ERR[MACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signatu Date �la1 4 Massachusetts General Laws, Chapter 138,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gailantp@merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Cabaret Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 10/31/15 7pm-10pm Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?,SODEXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED 1,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signatur es f'rO iY"�� Date q/'�L///S Massachusetts General Laws,Chapter 138,,s 14 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/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp@merrimack.edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—New Black Eagle Jazz Band Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date &Time of Event: 11/06/15 7pm-10pm Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the alcohol?_SODEXO/M ERRI MACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature , �� Date 9 1r Massachusetts General Laws, Chapter 138,s 14 TOWN OF NORTH ANDOVER ONE DAY LIQUOR LICENSE APPLICATION i (30 DAY NOTICE STRONGLY RECOMMENDED) Organization holding event: MERRIMACK COLLEGE Name&Address of Responsible Party: MERRIMACK COLLEGE/PAUL GALLANT 315 TURNPIKE ST, NORTH ANDOVER, MA-01845 Contact Number&e-mail Gallantp@merrimack edu 978-837-3523 Location of Event: Rogers Center for Performing Arts Lobby Type of Event—Capital Jazz Orchestra Performance Is the event being catered? Yes X No Name of Caterer SODEXO FOOD SERVICE Date&Time of Event: 12/04/15 7pm-10pm Non Profit Organization Other Than Non Profit Wine&Malt X All Alcohol Wine&Malt ALCOHOL MUST BE PURCHASED BY THE LICENSEE FROM A WHOLESALER Has permission been received from the property owner to hold this event? YES Who is serving the.alcohol?_SOD EXO/MERRIMACK COLLEGE Does the server have liquor liability insurance? YES Have servers had training in alcohol service? TIPS CERTIFIED I,the undersigned, understand and agree to the restriction and responsibilities of holding a One Day Alcohol License and certify that I am not prohibited from holding such license. I agree that the Town of North Andover is in no way responsible for the actions of the applicant. Applicant's Signature �,.✓,f��P Date 0 Massachusetts General Laws, Chapter 138,s 14 ; - NORTHANDOVER r --Community Partnership--- - Operations Division Lieutenant Charles A Gray TO: Suzanne Pelich FROM: Lieutenant Charles P. Gray RE: One Day Liquor License Request-Merrimack College October 16,2015 DATE: September 14, 2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including,but not limited to,MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1)week from the event. These can be delivered United State Postal Service,Electronically, or hand delivered. 1475 Osgood Street,North Andover, Massachusetts 01845 Telephone;978-683-3168 Fax: 978-681-1172 i Y11 NORTH ANDOVER . x � r a � i --•Community Partnership--- Operations Division Lieutenant Charles P. Gray TO: Suzanne Pelich FROM: Lieutenant Charles P. Gray oQ�- RE: One Day Liquor License Request- Merrimack College October 10, 2015 Catered by Sodexo Merrimack College October 17, 2015 Catered by Sodexo Merrimack College October 22,2015 Catered by Sodexo Merrimack College October 23, 2015 Catered by Sodexo Merrimack College October 24,2015 Catered by Sodexo Merrimack College October 25,2015 Catered by Sodexo Merrimack College October 29, 2015 Catered by Sodexo Merrimack College October 30, 2015 Catered by Sodexo Merrimack College October 31,2015 Catered by Sodexo Merrimack College November 6,2015 Catered by Sodexo Merrimack College December 4,2015 Catered by Sodexo DATE: September 22,2015 Please be advised that the following requests for a one day liquor license have been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including,but not limited to,MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1)week from the event. These can be delivered United State Postal Service, Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax: 978-681-1172 d 3, NORTH ANDOVER �A -.•Community Partnership-•- Operations Division Lieutenant Charles P. Gray TO: Suzanne Pelich FROM: Lieutenant Charles P. Gray �u" RE: One Day Liquor License Request-Merrimack College October 17, 2015 DATE: September 14,2015 Please be advised that the following request for a one day liquor license has been reviewed. The Police Department recommendation would be that any alcohol being served be in conformance with applicable General Laws, including,but not limited to,MGL Chapter 138, consisting of various applicable sections. The Police would also recommend that all servers for the event be TIP certified. Tips certification for all servers shall be provided prior to the event. Also, all alcohol for the event needs to be purchased from an authorized ABCC wholesaler or distributor. Copies of these invoices shall be turned into the Officer of the Chief of Police no later than one(1)week from the event. These can be delivered United State Postal Service, Electronically, or hand delivered. 1475 Osgood Street, North Andover, Massachusetts 01845 Telephone:978-683-3168 Fax:978-681-1172 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01 845 NORTH Andrew Melnikas of t�.o ,b�tio Fire Chief o� °m Telephone(978) 688-9593 FAX (978) 688-9594 Lt. F. McCarthy Fire Prevention Officer amelnikas(L�townofnorthandover.com "5� fi-nceartlly@towiiofiioi-thandover.com Town Clerk's Office 124 Main St. North Andover,Ma September 15,2015 The Fire Department recommends favorable action in granting the following one day liquor licenses to Merrimack College. October 16, 2015 Wine&Malt at the Cullen Ave Lawn for the purpose of a festival. October 17, 2015 All Alcohol at McQuade Library for the purpose of a brunch. Regards, Lt Frederick McCarthy Fire Prevention 978-688-9590 TOWN OF NORTH ANDOVER Fire Department Central Fire Headquarters—Fire Prevention Office 124 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 NORTH Andrew Melnikas OF�t .° bgtio Fire Chief 0 Telephone(978)688-9593 • p FAX (978) 688-9594 Lt. F. McCarthy QOg1Tt°�PFy 5 amelnikas@townofnorthandover.com Fire Prevention Officer 9isgcHUSE�c fmccarthy@townofnorthandovei-.com Town Clerk's Office 124 Main St. North Andover, Ma September 23,2015 The Fire Department recommends favorable action in granting the following 1 day liquor licenses to Merrimack College Rodgers Center. i October 10,2015 All Alcohol, for the purpose of a cabaret performance. October 17, 2015 Wine&Malt, for the purpose of a reception. October 22,2015 Wine&Malt,for the purpose of a cabaret performance. October 23,2015 Wine&Malt, for the purpose of a cabaret performance. October 29,2015 Wine&Malt, for the purpose of a cabaret performance. October 25,2015 Wine&Malt, for the purpose of a cabaret performance. October 24, 2015 Wine &Malt, for the purpose of a cabaret performance. October 31, 2015 Wine &Malt, for the purpose of a cabaret performance. October 30, 2015 Wine &Malt,for the purpose of a cabaret performance. December 4,2015 Wine &Malt, for the purpose of a jazz performance. November 6,2015 Wine &Malt, for the purpose of a jazz performance. Regards, Lt Frederick McCarthy Fire Prevention 978-688-9590 Pelich, Suzanne From: Dnzvvn Gerald Sent: Monday, September 14.2OlS4:1SPM To: Pe|ich' Suzanne Subject: RE:One Day Liquor License request The Building Dept has noissues From: Peich. Suzanne Sent: Monday, September 14, 2U152:14PM To: Gray, Charles; Brown, Gerald; McCarthy, Fred Subject: One Day Liquor License request Attached is two request for one day Liquor Licenses from Merrimack College.One wine&malt on 10/16/15 from 4'Dpnotobe held on the Cullen Ave Lawn and one all alcohol on 10/17/15 from 9am-12pm to be held at the McQuade Library. If you could please provide me with your recommendations. Thank You, SuaamnePe|ich Assistant Town Clerk Town of North Andover zau Main Street North Andover,w1A 01845 Phone 978.688y500 Fax 978a88.9557 Email Web Pelich, Suzanne From: Brown, Gerald Sent: Monday, September 21, 2015 3:14 PM To: Pelich, Suzanne Subject: RE: 11 One Day Liquor Licenses Application The Building Dept . has no issues From: Pelich, Suzanne Sent: Monday, September 21, 2015 3:02 PM To: Gray, Charles; McCarthy, Fred; Brown, Gerald Subject: 11 One Day Liquor Licenses Application Good Afternoon, Attached are 11 request for one day Liquor Licenses from Merrimack College. If you could please provide me with your recommendations by Wednesday September 23rd. Thank You, Suzanne Pelich Assistant Town Clerk Town of North Andover 120 Main Street North Andover,MA 01845 Phone 978.688.9500 Fax 978.688.9557 Email spelich@townofnorthandover.com Web www.TownofNorthAndover.com 1 Old Business New Business ppNNs Uly��d �i ll�r e COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION Building Conservation Health Planning Stevens Estate Zoning TO: Board of Selectmen, Chairman Board of Appeals, Chairman Board of Health, Chairman Conservation Commission, Chairman Fire Department, Chief Police Department, Chief Building Commissioner Department of Public Works, Director FROM: Jean Enright, Interim Town Planner DATE: Sept. 17, 2015 RE: 1600 Osgood Street, Osgood Solar LLC Application The Planning Board has received an OSGOD Permit application. Per the Zoning Bylaw, Section 17.13.2 the Planning Board, acting as the Plan Approval Authority, must distribute and seek reviews of the application from the Board of Selectmen, ZBA, Board of Health, Conservation Commission, Fire&Police Departments, Building Commissioner, DPW, and other municipal officials. Attached is a copy of the application and associated materials. The applicant proposes a rooftop and parking lot canopy mounted solar photovoltaic system. The system proposed includes roughly 19,500 solar modules that will produce up to 6 MW of power. The system includes approximately 5,500 rooftop mounted solar modules and 14,000 carport canopy mounted solar modules on structures approximately 39' wide, approximately 21 rows, and 150' —630' long. Please forward all questions, comments, requests for more information and other thoughts to me at the number or email below. The time period allowed to submit comments is within sixty (60) days; however, a prompt response would be appreciated. Thank you. Jean Enright Interim Town Planner 978-688-9533 j enright @townofnorthandover.coom 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9531 fax 978.688.9542 Web www.townofnorthandover.com ►� R a�io� s3 Town of North Andover P1a lg B MS AZa V1 ImID 1A S ACt S[, S f7 i Please type or print clearly; . i 1. Petitioner: Address: 110. t`�SL�C7(3i� �' ill ,AA) ; k Telephone Number: r 4 2. Owners of the Land: rfP "� u rr Address: Telephone Number-,__q'7 h 1 0 -- Number of yew's ownership: ►� If a plieant is not the owners please state interest in property: APPOCAn17 (n21 LL ULE Si 1'6 -CRUA QWAM, - .3. Request for an OSGOD Permit under Section 17.0 of the North Andover \ Zonind'Byla`v to o e- E 0 a So �► 4. Location of Property: 1,400 ZoningDistrich 7fiA 'L O. Assessors: Map: Lot# / ��) Registry of Deeds: Book#: 0 Page# _ S. Existing Lot: LotArea(Sq.Ft): a � b Building Height: Street Frontage; Side Setbacks: Font Setback: Rear Setback: FloorArea Ration: Lot Coverage: 6. Proposed Lot(if applicable): LotArea(Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback; _ Rear Setback: Floor Area?Ratio: Lot Coverage: TO: TOWN OF NORTH ANDOVER PLANNING BOARD FROM: ORIT GOLDSTEIN,PRESIDENT, OZZY PROPERTIES SUBJECT: SUPPORTING DOCUMENTATION FOR PLAN APPROVAL OF A SOLAR PHOTOVOLTAIC CARPORT AND ROOF MOUNT FACILITY WITHIN THE OSGOOD SMART GROWTH OVERLAY DISTRICT(OSGOD) DATE: MARCH 20,2015 Proiect Obiective: The proposed Solar Photovoltaic Project("Project") shall enhance public health, safety, and welfare by generating onsite clean,renewable energy which directly offsets brown power generated for the electric utility. The project consists of the installation of car canopy and roof-mounted solar modules,both an As-of- Right and Accessory Use to the principal use. To the extent necessary to effectuate project approval,the Applicant hereby requests that the Planning Board waive any requirements of Section 17.0 to the extent inconsistent with GL. 40A Section 3. ["Waivers"Section 17.14.1] The Applicant reserves all rights regarding applicable zoning for this land and project,and other land the Applicant owns within the limits of the OSGOD. 17.6.2.1-2 Mixed-Use Development Zone As-of-Right Uses The Project supports the transition between primarily residential development and compact,higher density commercial and mixed-use development by incorporating complimentary use of the parking lots with energy-producing shade and weather protection canopies. These amenities have been sought by premier commercial properties, educational campuses,Fortune 500 Companies, and numerous other entities that seek to attract economic and social vitality.They will additionally include LED accent lighting below the canopy which both enhances safety and dramatically enhances the night-time visual appeal to the surrounding activities. The energy-producing shade and weather protective canopies are parking accessory structures. Additionally,there will be rooftop solar on the main building which has been considered accessory equipment in previous installations at this site. 17.6.3.1 Business Opportunity Zone The Project encourages efficient land use and facilitates high-density retail,commercial,industrial development and other commercial projects by offering attractive and accommodating energy-producing shade and weather protection canopies for customers and personnel. The rooftop component of the project will additionally provide a lower solar heat gain,thus reducing the summertime cooling requirement of the building. points from Osgood Street and the internal vehicular circulation will remain. The realignment of the Northern Parking lot provides improved path of travel and maneuverability to access the loading dock. The proposed project will not result in the alteration or removal of existing walkways.No curb cuts are proposed to be removed for this development. (k)Location of Wetlands/Notice of Intent: A wetland delineation was conducted in 2005, and remains valid under the Permit Extension Act(Section 173 of Chapter 240 of the Acts of 2010,as amended). An Abbreviated Notice of Resource Area Delineation(ANRAD)was filed on August 12,2005 by Epsilon Associates,Inc. (DEP File#: 242-1336) and the Conservation Commission subsequently issued an Order of Resource Area Delineation(ORAD)on October 19,2005 approving the wetland boundaries for the site following a thorough peer review by Seekamp Environmental Consulting, Inc. The ORAD references ANRAD Plans prepared by Chas.H. Sells,Inc. dated August 8,2005 and revised September 30,2005 that depict Bordering Vegetated Wetlands(BVW),Isolated Vegetated Wetlands(IVW, both `jurisdictional' and `non jurisdictional'under the Bylaw,but recognizing that the`non jurisdictional' IVWs may be jurisdictional under the Federal Clean Water Act),intermittent streams,perennial streams/Mean Annual High Water and their associated 200-foot Riverfront Areas. A determination of Bordering Land Subject to Flooding(BLSF, concurrent with the 100-year Floodplain)was excluded from the ANRAD/ORAD process. Epsilon then filed a Notice of Intent(NOI)Application on March 31, 2006 for Vegetation Management on the site,and included the October 19,2005 ORAD and NOI Plans showing the approved Wetland Resource Areas. The Commission subsequently approved the project, and issued an Order of Conditions (OOC)on April 27, 2006. Epsilon requested two extensions of the OOC on March 27,2009 and March 31,2010, and the Commission extended the OOC through April 27, 2010 and April 27, 2011, respectively. Based on a review of the Permit Extension Act(PEA)and discussions with Mass DEP, the OOC remains valid through April 27, 2015, and the Wetland Resource Areas established in the ORAD and referenced and depicted on the NOI plans and in OOC also remain valid. (1)Location of Walls/Signs: The proposed project will not result in the alteration or removal of existing walls.,The development will not result in proposed signage. (m)Location of Roadways/Drives: The proposed project will not result in the alteration or removal of existing roadways or driveways to and from Osgood Street. (r)Drainage Basin Study: The proposed project will be developed on existing bituminous concrete parking areas and on the existing roof of the main building.The existing stormwater management system within the limit of work will remain. Therefore,the proposed improvements will not result in an increase in stormwater runoff rate and volume during the 2, 10,and 100-year storm events. 3 Although the project will have little to no visual impacts,the project will have an even greater positive impact on the Town's character. Over the past few years,the state of Massachusetts has created policies and regulations to promote the use of solar renewable energy to combat the effects of climate change. With the approval of this solar development,the Town would be exhibiting a willingness to permit renewable energy projects for the benefit of the Town and the environment while setting an example for residents to take a strong environmental protection stance. The applicant is showing how solar renewable energy can provide fiscal and environmental benefits, creating.an ideal situation for all. The solar project could also provide educational opportunities in science,technology, engineering, and mathematics. Educating youth on solar renewable energy could empower them to change and to create more sustainable urban environments for future generations. Environmental Impact Assessment: The proposed development has been carefully designed to ensure that there will be little to no impacts with respect to on-site and off-site environmental quality. Sedimentation control measures are proposed throughout construction to prevent any adverse impacts on the existing stormwater management system. The proposed solar development will be a renewable source of energy with zero emissions and will therefore have no adverse impacts on quality of air. Instead, such projects aim to eliminate other sources of energy that currently produce emissions that negatively affect air quality. The project will not result in any radiological emissions or other hazardous materials. Since trees will be maintained along the edges ofthe property, no adverse impacts on temperature and wind conditions on adjacent properties are expected. There will also be no impacts on solar access of adjacent properties and zero off-site noise. The proposed development will not require water or sewer services. 5 e MERIDIAN ASSOCIATES VIA: HAND DELIVERY March 20,2015 Ms.Jean Enright Members of the North Andover Planning Board Town of North Andover Planning Department 1600 Osgood Street North Andover,Massachusetts 01845 Re: Application for Plan Approval Osgood Solar,LLC 1600 Osgood Street North Andover,Massachusetts Dear Ms. Jean Enright and Members of the North Andover Planning Board: On behalf of Osgood Solar,LLC. (Applicant),Meridian Associates,Inc. (MAI) is submitting an Application for Plan Approval to the Town of North Andover Planning Board. The locus property(Site) is located within the underlying Industrial 2(I-2)Zoning District and within the Osgood Smart Growth Overlay District(OSGOD).The proposed development is located within two (2) Subdistricts of the OSGOD: Mixed-Use Commercial Development Zone and the Business Opportunity Zone. The parcel is identified on the Town of North Andover Assessor's Map 34 as Lot 17 (1600 Osgood Street). The applicant is proposing to install a Six(6)Megawatt(DC) Solar Development on the roof of the existing principal building,and with carports in the northern and southern parking lots. In support of this filing we are providing the following information: f Ten(10)copies of this Cover Letter dated March 20,2015; • Three(3)copies of the Application for Plan Approval dated March 20, 2015; ® Ten(10) copies of a letter entitled"Supporting Documentation for a Plan Approval"dated March '.. 20, 2015; .• One(1)original and nine(9)full size copies of the"Ozzy Properties,Inc., Solar Development Plan Set(set of 16 sheets)dated March 20, 2015; ® $ TBD check for filing fee; and ® $TBD check for Project Review Fee. 500 Cummings Center, Suite 5950 Beverly,Massachusetts 01915 P:(978)299-0447 F:(978)299-0567 www.meridianassoc.com Thank you for your attention to this Application. We look forward to your correspondence to discuss the development options. Please do not hesitate to contact us if you have any questions or require additional information. Sincerely, MERIDIAN ASSOCIATES,INC. i Richard E.Waitt, Jr.,PE Principal P:\5723_Ozzy-NorthAndovet4ADMIN\Reports\Plan Approval\5723-Cover Letter(Planning).doc Enclosures cc: Orit Goldstein(Osgood Solar,LLC) Dan Leary(PowerOwners) Town Clerk 2 fa �\o Overview • Osgood Solar, LLC proposes to develop a 6 MW solar facility at Osgood Landing and offer the energy credits to North Andover at a discounted rate • The property has an important history and future in clean energy: • In 2008 Osgood Landing was home to the largest privately-owned solar array in the state • Has been the headquarters to industry leading companies, including PanelClaw, a manufacturer of solar mounting components • Solar projects like this are common around the region, including many premier properties • Delivers significant value to all parties, but the opportunity is time sensitive 'a r� p u r 1 -au ✓ rya u � � /� v % r n w , VAL �a a, �,,� D/ ,iw Ji''1 } x ✓ �,rr� � i a ly 'r 6 O' !JHti G 6 j ugyrW9 Y� r wwu w, "y /^ � O, Y% O I w 0 Oft y�lr `h nab " ;[/FjNrM/iP W rW G��. 5 u/ k a i, �� ar ,rarl 8�1', 4 ay I'r/✓1 1J kma „ �µ ! uw ai l r��+1YJOyiri� "fir II v i III ruYr °�" �! n� W i _ f0 � O �� O bO Q Z w What is the benefit to the town ? New Revenue 1. Taxable Property (PILOT Agreement) 2. Energy Credits (Net Meter Credit Agreement) 3. Permit Fees Total NPV: (not yet negotiated) Initial Payment: (not yet negotiated) Annual Payment: (not yet negotiated) Zero capital or operating costs to the town Community Pride "The power for our town buildings is generated by clean` renewable solar panels in the parking lot and rooftop of Osgood Landing What is the benefit to the property? 1. Attracts socially and environmentally conscious businesses 2. Reduces energy cost for tenants 3. LED Lighting accents and enhances the parking areas 4. Breaks up the lines of the industrial building, adds curb appeal 5. Makes the parking lots safer with traffic pattern controls 6. Does not reduce usable 40R space 5 What will it look like ? -0011% 1 imp!, affiM 3 ..� - Carport Canopy Flat Roof What will it look like ? s _ How does it work ? na-tionaig. id Mill ® 1. Developer-owned 2. On-site National Grid 3. Town pays and operated facility meter (North Andover negotiated discounted generates energy named on account) rate for electricity records credits credits to Osgood Solar Next Steps with North Andover Technical Review Committee Discussion Town Administration and Applicant OSGOD Plan Approval Application Applicant Authorize Town to Negotiate Contracts Town Meeting Complete Use Determination Zoning Board of Appeals Incomplete Host Sign Up Town Administration Comments to Planning Board Town Boards and Departments OSGOD Plan Review Application Planning Board Negotiate PILOT and Net Meter Credit Town Administration Agreements Building Permit Building Department Construction Applicant Net Metering Opportunity for Towns • North Andover competes against other towns for up to 10 MW of Net Metering Cap allocation. There are more towns than available capacity. • Without a Net Metering Cap Allocation there is no economic value to a solar project. Net Metering allows towns to receive electricity at a discount from the project. • At this moment the municipal waiting list almost half full. The opportunity to host this project may be gone by the end of October. • North Andover may agree to host the project in order to reserve its Net Metering Cap allocation for this project io l Q j d' �r ii i Y f V t f MA %jo uu I 4 AN �«"�,��"'"✓'"� ate; � ��^�de-�':�� �.�r.�maw� rm�a " rr {, 7 Wr MH LL Ln Ln y ir , QI� �r f 7 °f N# CL ro r/��� Public Comment Town Manager' s Report