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
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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
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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
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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
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;ink
"'R NORTH ANDOVER
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...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
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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.
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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
'^
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A L�rrlL Irna+wc
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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
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Main Block:'First Story North Hall—Looking South(neg•455270-A)
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Exhibit B—MA:North Andover,440 Osgood Street,SAMUEL OSGOOb HOUSE
Main Block:First Story North Hail—Looking Southwest(neg.955271-A) 1
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Exhibif B--MA:North Andover 440 Osgood Street SAMUEL OSGOOD HOUSE
Main Sock:Southwest Parlor—Looking Northwest(neg.#55278-A)
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Exhibit B—MA:North Andover 440 Osgood Street SAMUEL OSGOOD HOUSE
Main Block:Southwest Parlor South&West Walls(rieg.#55279-A)
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Exhibit B--MA:North Andover,440 Os ood Street SAN UEL OSGOOD HOUSE
Bain Block:Southwest:Parlor—East&South Walls(neg,955280-A)
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Main Block:Southwest Parlor—North&East watts(neg.#55281-A)
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Exhibit B-M_A;North Andover,440 Osgood Street,SAMUEL OSCOOD HOUSE "
Main Block:Southwest Parlor—East Wall(neg.055282-A) _
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Main Block. Second Story East Stakhali—South&West Walls(ne-1:955283-A)
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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)
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Main Block: Second Story East Staiiroall .North&East Walls(neg.#55285-'A)
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Exbibit JB—MA: North Andover;440 Os ood Street.SAMUEL OSGOOD HOUSE
Main Block: Second Story East Stairhall--East&South'Walls(neg.#55286-A)
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Exhibit B-•iti1A: North Andover,444 0 oad Street SAA.TUEL OSGOOD HORSE
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Main Block:Southeast Chamber—Looking West(neg,#55289-A}
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Main Block: Second Story South Bath--South&West Walls(negg.455290-A) � �l
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Main Bloch: Second Story South Bath—East&South Walls(neg.#55291-A)
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Exhibit B—NfA•North Andover,940 Oseood Street.SAiN EL OSGOOA HOUSE
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Main Bloch:Northeast Chamber—Looking Southwest(neg.#55213-A)
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Exhibit B—NIA:North Andover,440 Osgood Street,SArYWEL OSGOOD HOUSE
Main Block:Northeast Chamber—Vest&North Walls(neg.955294-A)
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44Q Os oorl Street;SAMUEL OSGOOD HOUSE
Main Block:Second Story North Bath—North,&East Walls(neg.#55296-A)
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Exhibit B- MA:North Andover,4 400 szood Street,SAMUEL OSGOODHOUSE 1
Main Block: Second Story North bath—West&North Walls(ne,.#55297-A) "'``„
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Exhibit B—MA:North Andover,440 Ospood Street,SAMUEL OSGOQD HOUSE ' lk
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Main Bloch:Northwest Chamber—Nest&North Nails(neg.#55299-A)
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Main Block:Northwest Chamber—East&South Walls(neg.#55300-A) �?,
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Exhibit B—NIA:North Andover,440 Os ood Street SAN UEL OSGOpD HOUSE
Main Block:Southwest Chamber-North&East Walls(neg.#55341-A)
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ExhibitB--MA:north Andover,440 Osgood Street SAMUEL OSCOOD HOUSE
Main Stock:Southwest Chamber--West 8c North Walls(neg.#55302-A)
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Exhibit B—MA:North Andover,440 Osgood Street SAMUEL OSGOOD HOUSE
Main Block:Southwest Chamber—South R West Walls(neg.9553133-A)
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Exhibit B—MA: North Andover,440 Os¢oad S#reet,SAlliilEL t35GOOD HOUSE
Main Block:Southwest Chamber East&South Walls(neg.#553 04-A)
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Exhibit B—MA: Nortb Andover,440 Os ood Stree SAMUEL OSGOOD HOUSE
Main Block: Second Story West Stairh;all.—Looking West.(neg.#55305-A)
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Main Block:Attic—West Hall—Looking Southwest(neg.055306-A)
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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
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BOULDER&
PLAQUE
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OSGOOD STREET
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,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
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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
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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
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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 ?
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What will it look like ?
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How does it work ?
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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
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Public Comment
Town Manager' s Report