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Home My WebLink About2002-12-16 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES December 16, 2002 CALL TO ORDER: Rosemary Smedile called the meeting to order at 7:00 PM at the Steven's Memorial Library. ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis; Donald B. Stewart; Susan Haltmaier;Wendy Wakeman; Mark Rees, Town Manager. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Recognition Charles Benevento. The Town Manager presented a letter from the Government Finance Officer's Association. Chuck Benevento was honored with a Certificate of Recognition for Budget Presentation for his work in developing the budget for the Town of North Andover and the Town was awarded the Distinguished Budget Presentation Award for it's FY03 budget document. This award is the highest form of recognition in governmental budgeting and represents a significant achievement. The Board of Selectmen congratulated Chuck Benevento for his dedication and service achievements. James Xenakis made a MOTION, seconded by Wendy Wakeman, to authorize the Town Manager to write a letter of recognition to Chuck Benevento on behalf of the Board of Selectmen. Vote approved 5-0. Recognition Police Department. Present at the meeting were Chief Richard Stanley, Officer Paul MacMillan President of the Union, Richard Boettcher Communications Supervisor. The Town Manager and the Board of Selectmen recognized the men and women of the Police Department for their combined contribution of dedicated service to the Town. In 2001, the Town saw a remarkable drop in reportable crimes of 36% compared to 2000, primarily in the areas of burglary and larceny. Chief Stanley stated that this is a team effort and a testament to all police officers. James Xenakis made a MOTION, seconded by Donald Stewart, to authorize the Town Manager to write a letter of recognition to the Police Department on behalf of the Board of Selectmen. Vote approved 5-0. Recognition Ken Wedge. The Town Manager and the Board of Selectmen congratulated Ken Wedge, supervisor of field maintenance, a DPW employee, for his recognition from the North Andover Football Program and the citation from the House of Representatives for his contributions to the youth of North Andover. Wendy Wakeman made a MOTION, seconded by James Xenakis, to authorize the Town Manager to write a letter of recognition to Ken Wedge on behalf of the Board of Selectmen. Vote approved 5-0. LICENSING COMMISSIONERS: Donald Stewart made a MOTION, seconded by Wendy Wakeman to move into Licensing. Vote approved 5-0. Joyce Bradshaw Town Clerk gave an update of all licensing work done by Janet Eaton and thanked her for a job well done. James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve all the Common Victualler Licenses and all the Liquor Licenses with the exception of J& M Sub Shop on Main Street, J & M Convenience Store on Salem Street, and the Beer and Malt License for J & M Convenience Store on Salem Street. Vote approved 5-0. Donald Stewart License Commissioner identified 4 Non-Renewals: Common Victuallers—Joe's Variety, 220 Middlesex Street Class II — Merrimac—Truck& Equipment, 210 Holt Road Limousine License—A British Limousine, 63 Water Street M&M Associates, 63 Water Street Board of Selectmen Minutes December 16,2002 2 Also noted that 2 Restaurants changed hours of operation: Val's Restaurant— Now open Sunday 6:00 AM — 1:00 PM (previous closed) Lobster Tail Seafoods— Mon. —Sat. 9:00 AM —7:00 PM, Sun. 9:00 AM —6:00 PM Previously: Tues. —Sat. 10:00 AM —7:00 PM, Sun. Noon —5:00 PM, Closed Mon.) Selectman Smedile suggested that the Licensing Board send a copy of the Town's Liquor Licensing Regulations to each establishment with a reminder that this Board enforces it rules. Also to remind them to keep their properties free from litter. James Xenakis AMENDED the MOTION, seconded by Wendy Wakeman, to send a copy of the Town's Liquor Licensing Regulations to each establishment stating that this Board enforces it rules, to remind them to keep their properties free from litter with approval all the Common Victualler Licenses and all the Liquor Licenses with the exception of J& M Sub Shop on Main Street, J & M Convenience Store on Salem Street, and the Beer and Malt License for J & M Convenience Store on Salem Street. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to approve the Common Victuallers license for J&M Sub Shop on Main Street, J & M Convenience Store on Salem Street, and the Beer and Malt License for J & M Convenience Store on Salem Street. Vote approved 4-0. (James Xenakis abstained). The following licenses were approved: Connnon Victuallers - A11 Alcohol - $2,200 Aglio, Inc. d/b/a/Orzo Cafe Trattoria (M35,P27) 1077 Osgood Street Michael A. Reppucci, Mgr. 686-6921 TRJ Line Inc.d.b.a. Culpeppers (M98D, P44) 815 Turnpike Street Thomas Rossi, President 794-1100 Beijing Restaurant, Inc. (M35, P10) 1250 Osgood Street David Yue, Mgr/ 689-3000 Bertucci's Restaurant Corp. d/b/a Bertucci's Brick Oven Pizzeria (M24, P32) 435 Andover Street Paul Hoagland, Manager 685-4498 The Restaurant Group Inc. d/b/a Joe Fish(M35, P36) 1120 Osgood Street James Dietz, Manager 685-3663 Approved by Lic. Committee. 7/11/94 Camelot Building Association, Inc. d/b/a Camelot (M74, P23) 505 Sutton Street Phil Kandrut, Manager 687-9136 China Blossom, Inc. (M74, P3) 946 Osgood Street San Joe Chu, Mgr. 682-2242 Board of Selectmen Minutes December 16,2002 3 Jasmine, Inc. d/b/a Jasmine (M98D, P69) 733 Turnpike Street Peter H. Wong, Mgr. 681-1888 North Andover Group, Inc. d/b/a/ The Loft Restaurant (M35,P53) 1140 Osgood Street Paul V. Cassidy, Mgr. 686-0026 99 Boston, Inc. (M46, P3) 267 Chickering Road Charles 0. Noyes, Mgr. 683-9999 Alter of premises approved 7/92 by ABCC WJ Phelan Inc. d/b/a Mango Grille (M84, P28-4B) 585 Chickering Road Thelma Phelan, Mgr. License approved by BOS 4/11/94 688-5600 North Andover Restaurant, Inc. d/b/a Rolf's (M18, P1) 39-41 Main Street Lesley Carlson, Mgr. 687-9712 Restaurant Zola 57 Water Street Joseph Messina, Mgr. (978)794-8344 Bollywood Grill (M27, P27) North Andover Mall 350 Winthrop Avenue Malkiat Singh Gill Top of the Scales Restaurant (M96, P24) 4 Johnson Street Nancy E. Breen 681-8848 License approved 10/31/94 by BOS Restaurant - Wine & Malt - $1,400 Fuddruckers, Inc. 550 Turnpike Street James Boland, Mgr. 557-1100 Club - All Alcohol - $1,400 Club 2104, Inc. (M71, P41) Tax Exempt Park Street Kevin Hayes, Mgr. 687-9614 Change of Mgr. approved by ABCC on 8/16/92 North Andover Country Club, Corp. (M64,P6) 500 Great Pond Road Jean Bergeron, Mgr. 687-7414 Board of Selectmen Minutes December 16,2002 4 Edgewood Retirement Community 575 Osgood Street Marlene Rotering 725-3300 Special (Section 14) Wine & Malt - $900: Merrimack College - Campus Center (Gildea Hall, Faculty Dining Room ( Tax Exempt) Adjourning Lounge, and Warrior's Den) Turnpike Street Maryellen M. Colliton, Mgr. 683-7111 Package Store - Wine & Malt and Sunday Permits - $900: Francis A. Holmes d/b/a/ Middlesex Market (M9, P46) 127 Marblehead Street 688-7558 John Enright d/b/a General Store (M96, P22) 7 Johnson Street John Enright 688-4116 Richdale Diary Stores, Inc. M46, P29) 75 Chickering Road Kevin Sharpe, Mgr. 687-9883 Transfer approved 9/15/92 by ABCC J&M Convenient Store & Deli 701 Salem Street Mathew Xenarkis 974-0900 Package Store - A11 Alcohol and Sunday Permit - $1,800: McCraken's Liquors and Wines, Inc. (M84, P5) 531 Chickering Road Andrew Buco. Mgr. 682-8029 64 Main Street Liquors, Inc. (M29, P19) 64 Main Street Joanne Capodilupo, Mgr. 685-5302 Transfer approved 9/15/92 by ABCC Butcher Boy Meat Market, Inc. (M35, P27) 1077 Osgood Street Evon Yameen, Mgr. 688-1511 Messina's Market, Inc. d/b/a Messina's Liquors (M29, P48) 117 Main Street Salvatore Messina, Mgr. 686-9649 - Transfer - 2/26/92 Den Rock Liquor Mart, Inc. 58 Peters Sreet William J. Burliss, Mgr. Board of Selectmen Minutes December 16,2002 5 Andover Liquors (M25, Pl) 550 Turnpike Street S. Joseph Hoffman, Mgr. 688-5005 Connnon Victualler: $50.00 Andover Liquors Inc. d.b.a. The Vineyard (M25, P1) 554 Turnpike street S. Joseph Hoffman, Mgr 688-5005 North Andover Booster Club (M098A, P36) Carl Thomas Playground Dana Street Timothy Pybus. , President 34 Milk Street Brigham's, North Andover (M27, P27) Winthrop Avenue Fari Tayarani 682-0824 Burke's Den Rock Mobil (M26, P7) 350 Winthrop Avenue William F. Burke 682-2951 License approved 8/16/93 Butcher Boy Meat Market (M35, P27) 1077 Osgood Street Evon Yameen, Mgr. 688-1511 The Cafe' (M28, P1) 208 Sutton Street Charles A. Matses 685-1977 Approved 12/5/92 Captain Pizza (M98D, P69) 733 Turnpike Street Soterios KareKlos & Robert Safi 975-1230 Carrol's d/b/a/ Burger King #260 (M24, P67) Mailing Address: Carrols Corp. 188 Turnpike Street 968 James St. Paul Flanders, Executive Vice Pres. P.O. Box 6969 685-4490 Syracuse, NY 13217-6969 Attn: Michele Brunozzi China Wok Restaurant (M30, P1) 129C Main Street Ninh Chi La & Feng Z Lang 689-4495 Demoluas Supermarket (M27, P27) Winthrop Avenue Brian Rockwell, Mgr. 688-6322 Board of Selectmen Minutes December 16,2002 6 North Andover Donut, Inc., d/b/a Dunkin Donuts (M30, Pl) 129 Main Street Michael Quinn, Pres. 794-0466 MICA Donuts, Inc. d/b/a Dunkin' Donuts (M98D, P69) Jasmine Plaza 733 Turnpike Street Michael Quinn, Mgr. 975-0600 License approved 2/3/92 Jane Donut Inc, d/b/a Dunkin Donuts 982 Osgood Street Michael Quinn 681-9962 Charoltte Donuts, Inc. d/b/a Dunkin Donuts 535 Chickering Road Michael Quinn 557-1109 MaryAnn Donuts, Inc. d/b/a Dunkin Donuts 701 Salem Street Michael Quinn 794-9411 The General Store (M96, P22) 7 Johnson Street Jay Enright, Mgr. 689-4116 Michael Glenn, Inc. d/b/a/ Harrison's Restaurant (M46, P31) 80 Chickering Road Alberta McMains - Michael Glenn; Alberta McMains, Mgr. 687-9158 Merrimack College d/b/a The Hungry Warrior (Tax Exempt) South Volpe Athletic Complex 315 Turnpike Street Robert DeGregorio, Jr. , Mgr. J&M Sub Shop (M29, P40) 69 Main Street John Xenakis 682-1481 J&M Convenient Store & Deli 701 Salem Street Mathew Xenakis 974-0900 Jimmy's Famous Pizza (M34, P4) 1591 Osgood Street Emmanuel Papadakis 685-7776 Joe's Flaming Kabob dba Joe's Landing Cafe' 492 Sutton Street Joseph Chedid 682-8822 Board of Selectmen Minutes December 16,2002 7 Kitchen of the Bay State d/b/a/ Bay State Chowda Company (M29, P48) 109-123 Main Street Michael Lamattina 685-9610 License approved 3/30/92 McDonald's Restaurant (M83, P3) Rte 125 at Walker Road Charles Lietz, Mgr 685-9757 Middlesex Market (M9, P46) 127 Mablehead Street Francis Holmes 688-7558 Sam's Mobil Mart 12 Mass Avenue Samuel J. Ameen Jr. 689-2719 Lembo's Supermarket, Inc. d/b/a/ N.A. Star Market (M29, P48) 109 Main Street Nicholas Lembo, Mgr. 683-8330 Lobster Tail Seafood (M35, P27) 1077 Osgood Street Mark Smith, Mgr. 685-2127 Dag Food Enterprises, Inc. dba Pizza Factory 535 Chickering Road Anastasios Haraktsis, Manager 682-0088 Panera Bread Mail To: PR Restaurant LLC 58 Peters Street 17 Fellsmere Road, David Peterson & Mitchell Roberts Newton, MA 02459 (978)749-0637 Attn: Mitchell Roberts Perfecto's of North Andover, Inc. (M35, P27) 1077 Osgood Street Andrea Gabriello, Mgr. 689-4292 Richdale(M84, P5) 533 Chickering Road Pat DiJanni 686-2798 24 hours 10/93 Richdale Dairy Stores, Inc. (M46, P29) 75 Chickering Road Kevin Sharpe, Mgr. 687-9883 24 hours Richdale Dairy Stores, Inc. (M28, P18) 4 Main Street Mohammed J. Alam, Mgr. 687-9883 Board of Selectmen Minutes December 16,2002 8 Rosie's Cakes & More (M41, P4) 56 Water Street Rosemary Gordon 685-7760 Sal's Just Pizza (M71, P25) 476 Chickering Road Salvatore Lupoli, Mgr 689-7374 Approved 7/20/92 Smolak Farm (M104C, P16) 315 South Bradford Street H. Michael Smolak, Jr. 682-6332 Starbucks' Coffee 562 Turnpike Street Stephen DelRose, Const. MGr. (Not Opened, under construction) Star Pizza (M29, P46) 11-15 First Street Paul Dedoglou (603)898-8980 Stop & Shop 757 Turnpike Street (125 Willow Street) 683-9666 Treadwell's Ice Cream (M35, P20) 1025 Osgood Street Bradley K. Treadwell 686-2051 The Upper Crust (M14, P25) 127 Waverly Road Michael Stavrou 725-9339 License approved by BOS 6/20/94 Val's Restaurant (M29, P60) 91 1/2 Main Street Peter R. Vaillancourt 687-9397 Class II - $100: North Andover Getty (M98D, P9) Change Name to: North Andover Auto Sales 785 Turnpike Street Roger G. Feghali 685-3295 Transfer 2/4/91 - Max. 4 Vehicles F. Jack Kinsman (M71, P26) Kinsman Auto Sales Corner of Park & Chickering Road 682-6351 - Max 6 Vehicles Raymond Blais & Charles McAllister d/b/a/ In-Laws, Inc. (M28, P23) 200 Sutton Street Raymond Blais & Charles McAllister 688-4332 - Max 3 vehicles Board of Selectmen Minutes December 16,2002 9 Ray Finocchiaro (M28, P2) 11 Riverview Street 682-2553 J&T Auto Sales (M29, P42) 77 Main Street John A. McElhiney, Jr. 687-9788 - Max 7 vehicles License approved 12/6/93; amended 1/3/93 North Andover Computer & Diagnostics (M34, P44) 1615 Osgood Street Mark A. Valentino 687-1388 - Max 18 vehicles for sale - Total of 25 vehicles allowed on premises License issued 2/4/91 Towne Auto Body (M77, P13) 307 Clark Street Donna Myers 975-8700 Max 15 vehicles License approved 6/21/93 Class III - $100: Bob's Auto Parts (M106D, P38) 44 Ash Street Robert & Joan Houghton 686-7652 Automatic Amusement Device - $100/Machine: TRJ Line Inc. (M98D, P44) d.b.a Culpeppers Pub & Grille 815 Turnpipke Street (4 - CD Juke Box; Billard Table; Pinball Machine; Video Arcade Game) Camelot Building Association, Inc. (M74, P23) 505 Sutton Street Phil Kandrut, Mgr. (4 Automatic Amusement Devices - 2 Pool Tables, Golfing Greats, Pinball Machine) Issued 7/20/92 Fuddruckers, Inc. (M25, P1) 550 Turnpike Street James Boland, Manager (4- NBA Jam; Ghouls `N' Ghosts; Te rminator 2: Judgement Day; Clean Sweep) Merrimack College (Tax Exempt) Turnpike Street Maryellen M. Colliton, Mgr. (13 Automatic Amusement Devices (Gildea Hall - 6; Ash Center - 2) Gildea Hall - Pool Table, Neo Geo, Mortal Combat, NBA Jam, Demolitio Man Ash Center - Dr. Dude N.A. Restaurant d/b/a Rolf's (M18, P1) 39 Main Street Leslie Carlson 687-9712 (1 Automatic Amusement Device - Birdie King) Board of Selectmen Minutes December 16,2002 10 Club 2104, VFW (Tax Exempt) Park Street Kevin Hayes, Mgr. 687-9614 (1 Automatic Amusement Device - Juke Box) Approved 10/25/93 Auctioneers (yearly) $30: Joseph Axelrod (M52, P5) 17 Poor Street 688-7202 Taxi/Livery/Limo Licenses Clover Limousine 1175 Turnpike Street 1 Vehicle Andover Limo 1593 Osgood Street 8 Vehicles Bon Voyage Limo 133 Main Street 1 Vehicle Donald Stewart made a MOTION, seconded by Wendy Wakeman, to authorize the Town Manager to send a letter to Janet Eaton, Assistant Town Clerk, commending her on a job well done on behalf of the License Commissioners. Vote approved 5-0. Wendy Wakeman made a MOTION, seconded by Rosemary Smedile, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Mosquito Brook Hydrology Report. On December 5, 2002, the Department of Public Works sponsored a public meeting to review the preliminary findings of a hydrology report conducted by the engineering firm of Vanasse Hangen Brustlin, Inc. (VHB) in response to flooding in the Mosquito Brook watershed two winters ago. Andrew Ogilvie from VHB gave a presentation outlining the 4 target areas. He gave recommendations of the findings suggesting the need for future detailed drainage analysis at specific areas, which may lead to effective construction projects to provide flood mitigation to those target areas. Bill Hmurciak has requested funding in the FY2004 to 2008 Capital Improvement Plan to continue analysis and construct drainage improvements identified in the Mosquito Brook Review. No action was required at this time. Town Boundary Change Update. Thomas D Zahoruiko presented to the Board a detailed survey and description of the proposed Town Boundary change between North Andover and Boxford, as provided for in Article 30 of the 2002 Annual Town Meeting Warrant (frequently referred to as the "Carter Farm" project). He is optimistic that this project can commence in the spring of 2003. The change of boundaries will be along Bradford Street with approximately 25 acres going from Boxford to North Andover and 12.6 acres going from North Andover to Boxford. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to accept the boundary as defined and presented. Vote approved 5-0. Board of Selectmen Minutes December 16,2002 11 NEW BUSINESS: Traffic/Signage Regulations. Rotary Club Signs. On behalf of the North Andover Rotary Club, Frank Cordima, Treasurer, is submitting a formal request for permission to install 6 signs at various street locations coming into Town. The locations include: 1. Sutton Street, coming in from Lawrence. 2. Route 125 South, near Lucent Technologies. 3. Route 133 South, coming in from Boxford. 4. Boxford Street, coming in from Boxford. 5. Route 114 East, coming in from Lawrence (existing sign). 6. Route 114 West, near Boston Street coming in from Middleton (existing sign). Selectmen asked various questions regarding specific locations, state highways, and residential property violations. The Town Clerk said that this issue would come under the Zoning By-Laws. Petitioner will check the applicability of the Town sign by-law, and provide more information on exact locations of signs. Forest Street& Lacy Street. The Town Manager received a request from Paul Guerrieo of Forest Street requesting a traffic sign at the intersection of Forest and Lacy Streets. The Police Department and the Department of Public Works are recommending that the Board of Selectmen authorize the placement of a yield sign on Forest Street at Lacy Street. Donald Stewart made a MOTION, seconded by James Xenakis, to approve placement of a yield sign on Forest Street at Lacy Street. Vote approved 5-0. Handicap Parking Sign, 40 Water Street. The Town Manager received a request from Donna Charest requesting a handicap parking sign posted at 40 Water Street. Mrs. Charest `s son is severely handicapped and confined to a wheelchair. Because the street has limited parking there is a problem with access. The Police Department is recommending that the Board of Selectmen approve a Handicap Parking sign at 40 Water Street to help eliminate the problem. Wendy Wakeman made a MOTION, seconded by Donald Stewart, to approve the request for a Handicap sign to be placed at 40 Water Street. Vote approved 5-0. Meeting Schedule, First Half of 2003. The Town Manager suggested the following dates for the Board of Selectmen Meetings for the first half of 2003: January 6 and 27; February 10 and 24; March 10 and 24; April 7 and 22; May 5 and 19; June 9 and 23. At the discretion of the Chair additional meetings may be scheduled. The Town Manager also suggested to set the date to close the warrant for Annual Town Meeting. Selectman Wakeman requested one change in the schedule; the January 6 date changed to January 13. All the other dates were accepted. Wendy Wakeman made a MOTION, seconded by James Xenakis to set the date to close the warrant for Annual Town Meeting on Monday, March 17, 2003 and to set the date for deadline for submitting articles to be placed on annual Town Meeting Warrant by Selectmen on Thursday, February 20, 2003. Vote approved 5-0. The Town Manager recommended a change concerning submission of warrant articles for the May 2003 Annual Town Meeting. The Board of Selectmen agreed to make no changes on submission of warrant articles. TOWN MANAGER'S REPORT: The Town Manager recently signed contracts for the construction of the Eastside Interceptor Relief Sewer. Board of Selectmen Minutes December 16,2002 12 The Town Manger will be appointing Ray Santilli as interim Director of Community Development and Services during Heidi Griffin's maternity leave in the near future. A meeting will be held on Thursday, December 19, 2002, at 5:00 PM with the directors of various Town Boards that operate under the Community Development umbrella to discuss division operations during this period. It is anticipated that Mass Electric will begin collecting the 2% surcharge on electric bills this January to pay for the under grounding of utilities in the Old Center Common and downtown business areas. A notice explaining this charge will be inserted into Mass Electric bills. The Fire Chief and Police Chief are eligible to apply for state grants under the Public Safety Equipment Grant Program of approximately $30,000 each. The Police Department has submitted a grant request for a vehicle designed to facilitate evidence collection in the field as well as six rifles. The Fire Department is requesting funding for rescue and communications equipment. Please remember that the Selectmen and Division Directors will be convening at 5:00 PM on Tuesday, December 17, 2002 to begin the prepping for the Christmas Breakfast for the next morning. Birthday Celebration. The Board of Selectmen presented Donald Stewart and Mark Rees with a birthday cake to celebrate their birthdays in the month of December. Holiday Greetings. On behalf of the Board of Selectmen, Chairman Rosemary Smedile wished everyone a joyous, happy and healthy holiday season. ADJOURNMENT: Susan Haltmaier made a MOTION, seconded by James Xenakis, to adjourn the meeting at 8:15 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary James M. Xenakis, Clerk of the Board