HomeMy WebLinkAboutNovember 10, 2003 BOARD OF SELECTMEN MINUTES NOVEMBER 10, 2003
CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 6:58 PM at the Senior Center.
ATTENDANCE: The following were present: Wendy Wakeman, Chairman; Rosemary Smedile; James Xenakis;
Donald B. Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
FY04, First Quarter Financial Report.
Town Accountant Lyne Savage reviewed the budget status reports for revenue and expenses for the first quarter
ending September 30, 2003. The revenue collections are staying steady with prior year trends. Motor vehicle
collections are at 11.99% at this point in the year. Over all, the total revenue collected of 21.79% is in line with
the target percentages at this point in the fiscal year. As an aggregate the expenses are in line with the target
percentage of 25%. Both Water and Sewer revenues are slightly below the target percentage of 25% but based
on previous years trends this does not appear out of line.
Donald Stewart made a MOTION, seconded by Mark Caggiano, to accept the FY04 First Quarter Financial
Report. Vote approved 5-0.
Town Clerk Report on Election, Passport and Web Page Information.
Town Clerk Joyce Bradshaw reminded residents about the Special Town Meeting being held on Monday,
November 17, 2003 at the Middle School. Copies of the Warrant are located in the Town Clerk's office and also
the on the Town's Website. Town Election is scheduled for March 30, 2003. Nomination papers are available.
Bradshaw gave additional information needed regarding applying for passports. A new town calendar has been
posted on the Town's web page. If you would like to post information on the website about an organization or
event, please contact the Town Clerk's office by phone or e-mail.
Selectman Rosemary Smedile will again lead the adopt-a-wreath program to decorate downtown for the holidays.
All donations would be greatly appreciated.
CONSENT ITEMS:
North Andover Festival Committee—Christmas Parade—Saturday, November 29, 2003.
The North Andover Festival Committee requested the use of streets to hold the annual Christmas Parade on
Saturday, November 29, 2003 starting at 1:00 PM. The parade will form at the Middle School and go down Main
Street to Sutton Street.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to grant the request. Vote approved 5-0.
LICENSING COMMISSIONERS:
Donald Stewart made a MOTION, seconded by James Xenakis, to move into Licensing. Vote approved 5-0.
Public Hearing: Common Victualler License, Mary's Pasta and Sandwiches, 478 Chickering Road.
Salvatore Lupoli has applied for a common victuallers license for the restaurant. A temporary license has been
issued until November 30, 2003. All departments have no objections to the Board granting this license.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to approve the request for a common
victuallers license to Salvatore Lupoli for Mary's Pasta and Sandwiches. Vote approved 4-0-1, Xenakis
abstained.
Stevens Estate, 723 Osgood Street—One-Day Liquor Licenses.
James Xenakis made a MOTION, seconded by Wendy Wakeman, to approve the following one-day licenses.
1. Lynn Smith Anniversary Party, Nov. 22, 2003, 6:00 PM -10:30 PM, Full Bar License.
2. Nancy Preston Wedding Reception, Nov. 23, 2003, 11:30 AM -4:00 PM, Beer&Wine License.
3. Coldwell Banker Holiday Party, Dec. 4, 2003, 5:30 PM — 10:30 PM, Full Bar License.
Board of Selectmen Minutes November 10, 2003 2
4. EPSI Holiday Party, Dec. 5, 2003, 7:00 PM— 11:00 PM, Full Bar License.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to move out of licensing. Vote approved 5-0.
PUBLIC HEARINGS:
Verizon New England, Inc. Pole Petition —Plan #871 (revised), Chestnut Street, place approximately 56' of
underground conduit. (Continued from October 20, 2003).
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Pole Petition —Plan #871
(Revised). Vote approved 5-0.
Massachusetts Electric/Verizon Pole Petition —Plan #C53.471 (2nd Revision) Relocation of pole 58 Chestnut
Street to provide electric service to new development on Peachtree Lane. (Continued from October 20, 2003
Meeting).
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to approve the Pole Petition —Plan #C53/471
(Revised). Vote approved 5-0.
Massachusetts Electric/Verizon Pole Petition —Plan #C53.472 (Revised) for the installation of an electric duct
bank of two ducts in concrete to provide electric service to new street Peachtree Lane. (Continued from October
20, 2003 Meeting).
Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve the Pole Petition — Plan #C53/472
(Revised). Vote approved 5-0.
Street Layout Hearing: Lyons Way.
James Xenakis made a MOTION, seconded by Rosemary Smedile, vote to accept the layout of Lyons Way. Vote
approved 5-0.
Street Layout Hearing: Leanne Drive.
James Xenakis made a MOTION, seconded by Rosemary Smedile, vote to accept the layout of Leanne Drive
Way. Vote approved 5-0.
OLD BUSINESS:
Preparation for November 17, 2003 Special Town Meeting.
The Town Manager asked the Board of Selectmen to consider making their recommendations on the Warrant
Articles at this meeting, or at the latest, at the next scheduled meeting prior to Town Meeting.
Article 1. Amendments to the General Fund Appropriation for Fiscal Year 2004.
No Action Taken, leave until November 17, 2003 meeting.
Article 2. Amendments to the Capital Improvement Plan Appropriation Article for Fiscal Year 2004.
No Action Taken, leave until November 17, 2003 meeting.
Article 3. Amendments to the Water Enterprise Fund Appropriation for Fiscal Year 2004.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend favorable action of Article 3.
Vote approved 5-0.
Article 4. Amendments to the Sewer Enterprise Fund Appropriation for Fiscal Year 2004.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend favorable action of Article 4.
Vote approved 5-0.
Article 5. Amendments to the Stevens Estate at Osgood Hill Enterprise Fund Appropriation for Fiscal Year 2004.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend favorable action of Article 5.
Vote approved 5-0.
Board of Selectmen Minutes November 10, 2003 3
Article 6. Unpaid Bills.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend favorable action of Article 6.
Vote approved 5-0.
Article 7. Appropriation of Funds- New Fire Engine.
No Action Taken, leave until November 17, 2003 meeting.
Article 8. Appropriation of Funds-Special Commission to Study Adult Entertainment Facility,
Rosemary Smedile made a MOTION, seconded by Donald Stewart, to recommend unfavorable action of
Article 8. Because the petitioner was not present, Rosemary Smedile WITHDREW the MOTION.
No Action Taken.
Article 9. Appropriation of Funds-Appeal or Defense of Adult Entertainment Facility Zoning Board of Appeals
Decision.
Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend unfavorable action of
Article 9. Vote approved 5-0.
Article 10. Request that Zoning Board of Appeals Continue Its Hearing on Adult Entertainment Facility.
Rosemary Smedile made a MOTION, seconded by Donald Stewart, to recommend unfavorable action of
Article 10. Vote approved 4-1-0, Mark Caggiano opposed.
Article 11. Authorization to Acquire Land on Holt Road.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to recommend unfavorable action of
Article 11. Vote approved 5-0.
Article 12. Amend Chapter 101-Fees of the General By-Laws of the Town of North Andover by Addition of a New
Section 3-Town Clerk Fees.
Rosemary Smedile made a MOTION, seconded by Donald Stewart, to recommend favorable action of
Article 12. Vote approved 5-0.
Article 13. Amend Vote on Article 7 of the December 3, 2001 Special Town Meeting -Transfer of Unexpended
Funds.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to recommend favorable action of Article 13.
Vote approved 5-0.
Article 14. Discontinuance of a Portion of Sharpners Pond Road as a Public Way.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to recommend favorable action of Article 14.
Vote approved 5-0.
Article 15. Amendment to Warrant Article Authorizing the Town to Sell Land for Ice Rink Facility located on
Sharpners Pond Road.
James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend favorable action of Article 15.
Vote approved 5-0.
Article 16. Amend Zoning Map-Sharpners Pond Road -Of Route 114-Future Ice Rink Facility.
Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend favorable action of Article 16.
Vote approved 5-0.
Article 17. Amend Zoning By-law Sections 2.21.3- Definition of Adult Motion Picture Theater-and Definition of
Adult Use-Section 2.21.6.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to recommend favorable action of Article 17.
Vote approved 5-0.
Article 18. Amend Zoning Map-Assessors Map 34 Parcel 25 and Parcel 9 (1449-1451 Osgood Street).
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to recommend favorable action of
Article 18. Vote approved 5-0.
Board of Selectmen Minutes November 10, 2003 4
Article 19. Amend Zoning Map—Assessors Map 27 Parcels 16 through 26, In the vicinity of Turnpike Street
across from Boston Market.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to recommend No action of Article 19.
Vote approved 5-0.
Article 20. Amend General Bylaws Chapter 170 Underground Utilities for the removal of the Lincoln Line
Overhead Facility.
Chairman Wakeman passed the gavel to Rosemary Smedile; James Xenakis made a MOTION, seconded by
Wendy Wakeman, to recommend unfavorable action of Article 20. Vote approved 4-0-1. Donald Stewart
abstained.
Article 21. Authorization to Lease Stevens Estate at Osgood Hill.
Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend favorable action of Article 21.
Vote approved 3-2-0. Mark Caggiano and Donald Stewart opposed.
Article 22. Street Acceptance— Lyons Way (Off Campbell Road).
Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend favorable action of Article 22.
Vote approved 5-0.
Article 23. Street Acceptance— Leanne Drive (Off Salem Street).
Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend favorable action of Article 23.
Vote approved 5-0.
Article 24. Use of Cable Company License Fee Payments for Cable Television License Renewal Costs.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to recommend favorable action of Article 24.
Vote approved 5-0.
Residences at Campion Hall, Chapter 40 B project comments.
The ZBA has received an application for a 40 B project for the redevelopment of Campion Hall. As part of that
process, the ZBA is requesting comments regarding the project from various Town boards and officials including
the Board of Selectmen.
Heidi Griffin Director of Community Development wrote a memo with concerns regarding traffic, environmental,
utilities, parking, watershed district/wetlands and renovation of mansion and carriage house.
Rosemary Smedile made a MOTION, seconded by James Xenakis, to approve Heidi's comments as a letter from
the Board of Selectmen. Vote approved 5-0.
NEW BUSINESS:
Entertainment Licenses (non-adult).
State statutes require local licensing authorities to issue licenses for various forms of entertainment. Town Clerk
Joyce Bradshaw prepared and submitted procedures and applications for the Board's review.
James Xenakis made a MOTION, seconded by Rosemary Smedile, to accept the procedures and applications for
various entertainment licenses. Vote approved 5-0.
Winter Parking Ban.
The Town Manager asked the Board to approve an all-night winter parking ban effective on December 1, 2003.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to approve the Winter Parking Ban
2003-2004. Vote approved 5-0.
Board of Selectmen Minutes November 10, 2003 5
TOWN MANAGER'S REPORT:
Please remember that the annual Veteran's Day parade will form at 10:00 AM on First Street on November 11,
2003.
The Library Trustees, because of their budget reductions, has not met the minimum spending requirements to
receive state aid in FY04. To forestall this loss in aid, the Trustees have applied for a waiver to the minimum
spending requirements, which we are hopeful to receive because one of the criteria used in granting the waivers
is making sure that the Library did not receive a disproportionate reduction compared to other departments. We
have submitted paperwork that this was not the case. A final decision will be made in January. What is at stake
is loss of$24,000 in state aid and decertification as a public library resulting in loss of intra-library borrowing
privileges.
The Fire Department has been notified that it is the recipient of$209,749 federal government grant to provide
training and equipment for upgrading the emergency medical technicians (EMT) from basic level to intermediate
level, substantially enhancing the emergency medical services the Town can provide. To meet the matching
requirements for the grant, the Stevens Foundation donated $11,602 and the Fire Department accessed funds
allocated to it by the Maritimes Pipeline host community agreement.
The Board of Selectmen should begin the process of planning for the Board of Selectmen/Division Director
Holiday breakfast for Town employees and volunteers.
The Building Commissioner Bob Nicetta has informed the Town Manager that VHB the engineering consulting
firm hired by the ZBA to review the adult entertainment application is currently pending before the Board, and has
subcontracted with SRT, Inc., a security advisory firm, to assist them in their review.
ADJOURNMENT:
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to adjourn the meeting at 8:45 PM. Vote
approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board