HomeMy WebLinkAbout1997-06-09 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 9, 1997
CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 7:00 PM.
ATTENDANCE: The following were present: Kevin Foley, Chairman;William B. Duffy, Jr.;
John Leeman; Donald Stewart; David Torrisi; and Robert J. Halpin, Town Manager.
APPROVAL OF MINUTES: May 19, 1997 and May 27, 1997 -David Torrisi made a MOTION,
seconded by John Leeman,to approve the minutes as presented; vote approved 5-0.
LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by David Torrisi;to
move into licensing; vote approved 5-0.
Peter Decarreau, SIDEC, Inc., requests approval of a Common Victualler's Licence for the Ultimate
Chicken at 733 Turnpike Street-Kevin Foley made a MOTION, seconded by David Torrisi,to grant a
Common Victualler's License to Peter Decarreau, SIDEC, Inc, for the Ultimate Chicken at 733 Turnpike
Street subject to the approval of the Building Inspector; vote approved 5-0.
Request from the Club 2104, Inc., 32 Park Street- Change of Manager from Frank Dushame to
Kevin Ham-Kevin Foley made a MOTION, seconded by John Leeman,to approve the request from the
Club 2104, Inc., 32 Park Street,to change the manager from Frank Dushame to Kevin Hayes; vote
approved 5-0.
Kevin Foley made a MOTION, seconded by John Leeman,to move back into regular session; vote
approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS & PUBLIC COMMENT: State Education Funding
Calculations -Mr. Duffy discussed with the Board of Selectmen a hearing he attended before the State
Board of Education relative to the funding formula calculations. The Town of Milton presented to this
Board their belief that their is an implication of doubling of contributions from the state, however,
communities similar to North Andover and Milton remain to receive the lower contributions which are
actually a deficit amount compared over the past ten years. Mr. Duiffy requested that the Board of
Selectmen hold a hearing regarding the state support of education funding with the Finance Committee and
Director, as well as the Superintendent of Schools and the School Committee. The Town Manager will
contact the Town of Milton and request their calculation information as well as research the calculation
formula with the Department of Education.
Burger King Fire -John Leeman wished well to the Firefighter who had been taken to the Hospital as a
result of the fire at Burger King. Mr. Halpin explained that the Firefighter was fine and that he seemed to
have been overwhelmed by the heat. He has been released from the hospital.
Building Department Move -William Blackstock, Meadow Lane, requested that the Board discuss the
move of the Building Department from the Town Hall Annex. The Town Manager stated that he has
already authorized the vacating and clearing of a room on the second floor of Town Hall for this
anticipated move. Mr. Scott explained that the moving of the telephone lines takes a few weeks and that
staff will be moved when the telephone lines are moved to Town Hall. When discussed further,the Town
Manager stated that Mrs. Blackstock can be moved out of the Building Office without the telephone lines
moved first.
Board of Selectmen Minutes Page 2.
UPDATE -AIRPORT INDUSTRIAL PROJECT: The Town Manager updated the Board on the
Airport Industrial Project between the Town of North Andover and the City of Lawrence. The plan
proposal is that the Town will be reimbursed for all services provided to the Industrial area and any
revenue after costs will then be split between the two municipalities. It is estimated that$ 290,000 -
$ 370,000 could be realized by the Town in revenue. The goal is to create an Industrial Assessment
District where the city and the town would share the tax revenues. The Massachusetts Development
Finance Authority believes that a tax rate between$ 24 - $ 31 per$ 1000 valuation could be an
appropriate tax rate for this assessment. This agreement in principal will be presented to the City of
Lawrence in the very near future for their review. Once an agreement has been reached,the final Home
Rule Petition will be presented to the state legislature for approval.
UPDATE - LEXINGTON STREET AND CONCORD STREET: UPDATE - LEXINGTON
STREET AND CONCORD STREET: Richard Sipkowski met with the Board of Selectmen again to
discuss this subject matter. He requested that the Board of Selectmen not approve the request to execute a
release of real estate as requested by an owner in the area and to let the Town Meeting act on it.
(Mr. Slipkowski also stated that he fears that another house would be built on Concord Street as a result of
this land transaction.) A deed had previously been recorded in error which had not been approved by the
town. Therefore, Attorney Mark B. Johnson representing Messrs Ahearn and Hughes (the developers) is
requesting that the Board of Selectmen sign an affidavit which would remove the incorrectly recorded deed
and then approve the corrected deed to be presented to Town Meeting.
The Town Manager is working with Town Counsel to have this issue worked out among the private parties.
Town Counsel has notified the Town Manager that this situation has been discussed with Attorney Johnson
and that the language of a deed and an affidavit has been worked out if the selectmen wish to release any
claim to the mistaken deed. Also,the Slipkowski's would not be deprived of any rights that they may
already have. To determine the Sipkowki's rights to any land issues, Town Counsel recommends that a
title search be performed, however that search should be performed by the Slipkowski's;the town is not
obligated to perform the search.
Attorney Joseph Mahoney of the Planning Board explained that the Planning Office issued the
determination that the plan submitted did not require any approval under subdivision control. Mr. Leeman
requested that Town Counsel issue an opinion in writing, and Mr. Stewart requested information on who is
paying the taxes on the two parcels of land in question.
William Duffy made a MOTION, seconded by John Leeman,to table this agenda item; vote approved 4-1
(Kevin Foley abstained).
DEN ROCK DEVELOPMENT - CURB CUT UPDATE: The Town Manager updated the Board of
Selectmen with respect to the above referenced project. Mr. Scott, Community Development Director has
been working with Public Works to continue the policy of conducting a traffic review in a manner similar
to the site plan review process.
BEAVER DAM UPDATE: Michael Howard, Conservation Administrator, met with the Board of
Selectmen to discuss the beaver dam situation within the town. Presently,there are a number of beaver
dams in North Andover which are causing flooding and other related problems. Mr. Howard explained the
jurisdiction that the town has in trying to resolve any beaver dam conflicts, as well as the tactics being
utilized to presently address any beaver dam problems in town. There are only three possible solutions to a
beaver dam problem; a dam destruction permit; a water flow device and actual removal of the beaver itself.
Board of Selectmen Minutes Page 3.
The Conservation Commission will continue to work with the Department of Public Works to assist
residents of the town with any beaver dam problems.
EXECUTIVE SESSION: John Leeman made a MOTION, seconded by David Torrisi,to move into
executive session for the purposes of discussing the following; update by Attorney Kenneth Kimmell
regarding NESWC -Wheelabrator Host Community Issue Negotiations as well as strategy with respect to
collective bargaining;the board was individually polled and they voted unanimously to move into Executive
Session; vote approved 5-0.
Melissa A. Powers, Administrative Secretary David Torrisi, Clerk of the Board