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HomeMy WebLinkAbout2014-06-23 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES JUNE 23, 2014 CALL TO ORDER: Chairman Rosemary Smedile called the meeting to order at 7:00 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: Rosemary Smedile Chairman; Richard Vaillancourt, Clerk; Tracy Watson, Licensing Chairman; Donald Stewart, William Gordon, and Andrew Maylor, Town Manager and Ray Santilli, Assistant Town Manager. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Richard Vaillancourt made a MOTION, seconded by Tracy Watson, to TABLE the Open Session Minutes of June 9, 2014. Vote approved 5-0. COMMUNICATIONS, ANNOUNCEMENTS, AND PUBLIC COMMENT: Special 100 Birthday Recognition -Gertrude Paradis The Board of Selectmen present Gertrude Paradis with a flower corsage and proclamation declaring the 4th of July as Gertrude Paradis day in North Andover, CONSENT ITEMS: Approve a 20-Year Lease between Town of North Andover and SBA Steel LLC for a wireless communications facility at 723 Osgood Street(Stevens Estate) The current 10-year lease for a wireless communications facility at the Stevens Estate expires in July 2014. In April, the Town issued a Request for Proposals seeking to issue a 20-year lease. Only one company, the current lessee, submitted a proposal. The lease will result in revenue of over$1 M over the lease period plus 50% of lease payments from all tenants located on the tower. As the current lessee will be awarded the lease, no new constructions, permits, etc. will be required. Richard Vaillancourt made a MOTION, seconded by Donald Stewart that the Board of Selectmen approves the 20-year lease between the Town of North Andover and SBS Steel LLC for a wireless communications facility at 723 Osgood Street(Stevens Estate)." Vote approved 5-0. Monique Morimoto of"SoulWorks Rhythm" requests for group to participate as drummers supporting the runners for the 4th of July Road Race The SoulWorks Rhythm group has offered to support the 4th of July Road Race by gathering on Milk Street, at Drummond Field, by drumming for the runners. They would use an assortment of hand drums and percussion instruments to "provide a strong beat to encourage the runners and create enjoyable music." William Gordon made a MOTION, seconded by Tracy Watson that the Board of Selectmen approve the request of the SoulWorks Rhythm group to participate as drummers supporting the runners for the 4th of July Road Race." Vote approved 5-0. Rev. Kevin Deeley of St. Michael Parish requests to use Town Common for a Mass service and picnic on September 14, 2014 from 12:00 noon to 4:00 p.m. Rev. Kevin Deeley of St. Michael Parish is requesting to use the Town Common for a Mass service and picnic on September 14, 2014 from 12:00 noon to 4:00 p.m. All relevant Town Departments recommend approval. Tracy Watson made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves the request of St. Michael Parish to use the Town Common for a Mass service and picnic on September 14, 2014 from 12:00 noon to 4:00 p.m." Vote approved 5-0. Board of Selectmen Minutes June 23, 2014 2 Acceptance of Donation from Pentucket Bank ($1,000)for 4th of July Fireworks Display The Pentucket Bank has made a $1,000 donation for the 4th of July fireworks display. This year's event is scheduled for the evening of Thursday, July 3rd on the grounds of the North Andover Middle School. William Gordon made a MOTION, seconded by Tracy Watson that the Board of Selectmen accepts the donation from the Pentucket Bank in the amount of$1,000 for the 4th of July fireworks display." Vote approved 5-0. Acceptance of Donation from Lowell Five Cent Savings Bank ($5,000)for 4th of July Fireworks Display The Lowell Five Cent Savings Bank has made a $5,000 donation for the 4th of July fireworks display. This is the second consecutive year this bank has made such a generous donation. William Gordon made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen accepts the donation from The Lowell Five Cent Savings Bank in the amount of$5,000 for the 4th of July fireworks display." Vote approved 5-0. Appointments Included in your packet is a list of re-appointments and appointments by the Board of Selectmen to various Boards and Commissions that will be effective July 1, 2014. The Board is also asked to re- appoint the firm of Urbelis and Fieldsteel, LLP as `Town Counsel' and the firms of Kopelman & Paige, P.C. and Collins, Loughran & Peloquin as `Special Counsel'. Richard Vaillancourt made a MOTION, seconded by William Gordon that the Board of Selectmen approves the re-appointments and new appointments to the various Boards and Commissions, as listed below, effective July 1, 2014. Vote approved 5-0. Affordable Housing Trust- Bd. of TrusteesGeorge Koehler 2 years June 30,2016 Affordable Housing Trust- Bd. of TrusteesRobert Bernardin 2 years June 30, 2016 Affordable Housing Trust- Bd. of TrusteesTracy Watson 2 years June 30, 2016 Audit Committee Robert Ercolini 1 year June 30, 2015 Audit Committee Vidya lyer 1 year June 30, 2015 Audit Committee Karin Rhoton 1 year June 30, 2015 Audit Committee Richard Vaillancourt 1 year June 30, 2015 Audit Committee Laurie Burzlaff 1 year June 30, 2015 Cable TV Advisory Committee George Dague 3 years June 30, 2017 Cable TV Advisory Committee Ronn Faigen 3 years June 30, 2017 Cable TV Advisory Committee Robert Parker 3 years June 30, 2017 Cable TV Advisory Committee Matthew Killen 3 years June 30, 2017 Community Preservation Committee Alberto Angles 3 years June 30, 2017 Community Preservation Committee Terrance Holland 3 years June 30, 2017 Conservation Commission Louis Napoli 3 years June 30, 2017 Conservation Commission Albert Manzi 3 years June 30, 2017 Constable Ronald F. Pallone 3 years June 30, 2017 Council on Aging Peter Aziz 3 years June 30, 2017 Council on Aging Patricia Long 3 years June 30, 2017 Council on Aging Dorothy Consiglio 3 years June 30, 2017 Council on Aging John Graham 3 years June 30, 2017 Disability Issues, Commission on James Lyons 3 years June 30, 2017 Disability Issues, Commission on Susan Christensen 3 years June 30, 2017 Emergency Management Agency Jeffrey J. Coco 1 year June 30, 2015 Emergency Management Agency Frank Dushame 1 year June 30, 2015 Emergency Management Agency Paul Gallagher 1 year June 30, 2015 Emergency Management Agency Neil Hamel 1 year June 30, 2015 Emergency Management Agency William Hastings 1 year June 30, 2015 Emergency Management Agency Carl Langlois 1 year June 30, 2015 Emergency Management Agency Connor Lincoln 1 year June 30, 2015 Emergency Management Agency Timothy McDonald 1 year June 30, 2015 Emergency Management Agency Andrew Melnikas 1 year June 30, 2015 Board of Selectmen Minutes June 23, 2014 3 Emergency Management Agency John P. Savastano 1 year June 30, 2015 Emergency Management Agency Steven Tessler 1 year June 30, 2015 Festival Committee Sharon Coco 1 year June 30, 2015 Festival Committee Jeff Coco 1 year June 30, 2015 Festival Committee William Dolan 1 year June 30, 2015 Festival Committee James Fazio 1 year June 30, 2015 Festival Committee E. J. Foulds 1 year June 30, 2015 Festival Committee Neil Hamel 1 year June 30, 2015 Festival Committee Joan Heafey 1 year June 30, 2015 Festival Committee Gen Koenig 1 year June 30, 2015 Festival Committee Connor Lincoln 1 year June 30, 2015 Festival Committee Jenn McLean 1 year June 30, 2015 Festival Committee William Murphy 1 year June 30, 2015 Festival Committee Dorothy Nolin 1 year June 30, 2015 Festival Committee Pristene Pazzanesse 1 year June 30, 2015 Festival Committee Philip Pelletier 1 year June 30, 2015 Festival Committee Martha Salisbury 1 year June 30, 2015 Festival Committee Mike Wilson 1 year June 30, 2015 Historical Commission Janice Williams 3 years June 30, 2017 Historical Commission James Wefers 3 years June 30, 2017 Industrial Dev Finance Authority John Kalin 3 years June 30, 2017 Neighborhood Cons. Dist. Commission Liz Fennessy 3 years June 30, 2017 Neighborhood Cons. Dist. Commission-Alt.Kenneth Tokarz 3 years June 30, 2017 Old Center Historic District Comm.-Alt. Harry Aznoian 3 years June 30, 2017 Poet Laureate Committee Marina Salenikas 3 years June 30, 2017 Poet Laureate Committee Thomas Baker 3 years June 30, 2017 Registrars of Voters, Board of Martha Salisbury 3 years June 30, 2017 Stevens Estate - Board of Trustees E. William Hansen 3 years June 30, 2017 Stevens Estate - Board of Trustees Eric Frahlich 3 years June 30, 2017 Veterans Grave Officer Philip Pelletier 3 years June 30, 2017 Windrush Farms Steering Comm. Thomas Coppa 1 year June 30, 2015 Windrush Farms Steering Comm. Jennifer Hughes 1 year June 30, 2015 Windrush Farms Steering Comm. John Mabon 1 year June 30, 2015 Windrush Farms Steering Comm. Rosemary Smedile 1 year June 30, 2015 Youth & Recreation Council Joan Heafy 3 years June 30, 2017 Youth & Recreation Council John Lennhoff 3 years June 30, 2017 Youth & Recreation Council Hollie Williams 3 years June 30, 2017 Zoning Board of Appeals Allan Cuscia 3 years June 30, 2017 Zoning Board of Appeals Deney Morganthal 3 years June 30, 2017 New Appointments Community Preservation Committee William Gordon 3 years June 30, 2017 Stevens Estate- Board of Trustees David Boudreau 3 years June 30, 2017 Old Center Historical District Council Shepard Spear 3 years June 30, 2017 Tracy Watson made a MOTION, seconded by William Gordon that the Board of Selectmen approves the appointment of the firm of Urbelis & Fieldsteel, LLP as Town Counsel. Vote approved 5-0. William Gordon made a MOTION, seconded by Tracy Watson that the Board of Selectmen approves the appointment of the firm of Kopelman & Paige, P.C. as Special Counsel. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by William Gordon that the Board of Selectmen approves the appointment of the firm of Collins, Loughran & Peloquin as Special Counsel. Vote approved 5-0. Board of Selectmen Minutes June 23, 2014 4 Acceptance of`Declaration of Protective Use Covenants, Conditions and Restrictions' for 1018 Osgood Street, North Andover The 2012 Annual Town Meeting approved a zoning change for 1018 Osgood Street recommended by the Planning Board. As part of their recommendation, the Planning Board and the property owner agreed to impose restrictions so as not to allow less desirable uses of the designation. Tracy Watson made a MOTION, seconded by William Gordon that the Board of Selectmen accepts the `Declaration of Protective Use Covenants, Conditions and Restrictions' for 1018 Osgood Street, North Andover." Vote approved 5-0. Approval of Preservation Restriction Agreement for the Captain Nathaniel Stevens House, 140 Academy Road, North Andover Historic New England has recently worked with the owner of the property to protect the Captain Nathaniel Stevens House at 140 Academy Road with a preservation restriction agreement. Pursuant to MGL c184, §§31-33, the Board of Selectmen are asked to approve the agreement. The North Andover Historical Commission has unanimously voted in support of this arrangement. William Gordon made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves the Preservation Restriction Agreement for the Captain Nathaniel Stevens House at 140 Academy Road, North Andover." Vote approved 5-0. Approval of`Inter Agency Police Mutual Aid Agreement' of Essex County Chiefs of Police Association Police Chief Paul Gallagher is requesting the Board to approve the `Inter Agency Police Mutual Aid Agreement' of the Essex County Chiefs of Police Association. Chief Gallagher was present at the meeting to respond to any questions. Tracy Watson made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen approves the `Inter Agency Police Mutual Aid Agreement' of the Essex County Chiefs of Police Association." Vote approved 5-0. LICENSING COMMISSIONERS: Richard Vaillancourt made a MOTION, seconded by William Gordon, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. H. Cesar Alanis of 17 Massachusetts Avenue Automobiles, Inc. (d/b/a John's Auto Sales) requests a Class II License to open a used car dealership at 17 Massachusetts Avenue Richard Vaillancourt made a MOTION, seconded by William Gordon to open a Public Hearing for a request by 17 Massachusetts Avenue Automobiles, Inc. for a Class II License to open a used car dealership at 17 Massachusetts Avenue. Vote approved 5-0. Mr. James McMurray of 25 Massachusetts Avenue, had concerns about the illegal activity that was active at the property and wanted to insure that this would be addressed by the new owner. Mr. Bill McMahon of 24 Commonwealth Avenue was concerned about the hours of operation at the business. The Board had several questions and suggestions for Mr. Alanis that he would clean up the property, fix a broken fence and install a mailbox. Mr. Alanis said he would be installing security cameras and lighting in the evening hours to deter anyone from loitering on the property after business hours. Rosemary Smedile made a MOTION, seconded by Donald Stewart to close a Public Hearing for a request by 17 Massachusetts Avenue Automobiles, Inc. for a Class II License to open a used car dealership at 17 Massachusetts Avenue. Vote approved 5-0. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approves a Class II License for 17 Massachusetts Avenue Automobiles, Inc. (d/b/a/John's Auto Sales)contingent upon approval of any land use boards and any Board of Selectmen Minutes June 23, 2014 5 departments with the issuance of an occupancy certificate at 17 Massachusetts Avenue, North Andover." Vote approved 5-0. Philip Spitalere of North Andover VFW Post 2014 requests two (2)One-Day Wine & Malt Licenses for 4th of July Celebration on the Town Common on July 3, 2014 from 4:00 p.m. to 10:00 p.m. and on July 4, 2014 from 9:00 a.m. to 10:00 p.m. Donald Stewart made a MOTION, seconded by William Gordon that the Board of Selectmen, acting as Licensing Commissioners, approves two One-Day Wine & Malt Licenses for Philip Spitalere of North Andover VFW Post 2014 for July 3, 2014 from 4:00 p.m. to 10:00 p.m. and July 4, 2014 from 9:00 a.m. to 10:00 p.m." Vote approved 5-0. Review of Smolak Farms' Entertainment License The purpose of this meeting was to make sure that Smolak Farms was in compliance with the Entertainment License. Mr. Michael Smolak attended the meeting to update the Board and responded to questions/issues. The Board was provided copies of the January 6, 2014 discussion and the current Entertainment License. The Board reviewed Smolak Farms Entertainment License granted on January 6, 2014. Conditions are as follows: The dance floor shall be located to the west side of the tent and music and amplifiers shall be located to the east side of the tent. When any event is held in the function tent within the Pine Grove, acoustical, sound absorbing panels shall be installed on the east and north sides of the tent. Michael Smolak and Ashley Piazza appeared before the Board and said that the dance floor had been moved and presented a picture of the tent with the installation of the sound barrier curtains to the Board. Resident Carl Wighardt of 790 Dale Street said that he and a group of neighbors had to hire an attorney to deal with the issues at Smolak Farms because their pleas were ignored by Michael Smolak. The group would like Smolak to move the tent closer to his own home and away from the neighbors. The decibel level of the sound is too loud and it projects under and over the tent disturbing the neighbors. Attorney Timothy Schaivoni also stated Smolak Farms was in violation of the restrictions for expansion for residential zone one and these uses are not allowed under the Department of Agriculture. The Board requested Smolak provide them with a copy of the Sound Engineers report and a copy of the special permit granted by the Department of Agriculture. No Action was taken at this time. Michael Smolak of Smolak Farms requests seven (7) One-Day Wine & Malt Licenses for the Whim Dinner Series from 6:00 p.m. to 10:00 p.m. on the following dates: July 9, July 16, July 23, July 30, August 6, August 13, and August 20, 2014 (in tent) William Gordon made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approve seven (7)One-Day Wine and Malt Licenses for Smolak Farms for the Whim Dinner Series from 6:00 p.m. to 10:00 p.m. on the following dates: July 9, July 16, July 23, July 30, August 6, August 13, and August 20, 2014 with the conditions as recommended by the Police Department." Vote approved 5-0. Michael Smolak of Smolak Farms requests a One Day Wine & Malt License for Mindess/Cohan rehearsal dinner on July 11, 2014 from 6:00 p.m. to 10:00 p.m. (in barn) William Gordon made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approves a One-Day Wine & Malt License for Smolak Farms on July 11, 2014 from 6:00 p.m. to 10:00 p.m. in barn". Vote approved 5-0. Michael Smolak of Smolak Farms requests a One Day Wine & Malt License for Barnett/Hoffman wedding on July 12, 2014 from 5:00 p.m. to 10:00 p.m. (in tent) Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt that the Board of Selectmen, acting as Licensing Commissioners, approves a One-Day Wine & Malt License for Smolak Farms on July 12, 2014 from 5:00 p.m. to 10:00 p.m. in tent". Vote approved 4-0-1 William Gordon abstained. Board of Selectmen Minutes June 23, 2014 6 Michael Smolak of Smolak Farms requests a One Day Wine & Malt License for Butterfield/Gaqnon wedding on July 19, 2014 from 5:00 p.m. to 10:00 p.m. (in tent) Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen, acting as Licensing Commissioners, approves a One-Day Wine & Malt License for Smolak Farms on July 19, 2014 from 5:00 p.m. to 10:00 p.m. in tent". Vote approved 4-0-1 William Gordon abstained. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS: Signing of Documents for Recording Street Acceptances— Nutmeg Lane, Periwinkle Way, Thistle Road, and Empire Drive The Board was asked to sign the legal documents and mylars for recording the street acceptances voted at the 2014 Annual Town Meeting. TOWN MANAGER'S REPORT: The Town Manager has made a new appointment and re-appointments to various Boards that will be effective July 1, 2014. Board of Assessors David J. Minicucci 1 year 6/30/2015 Board of Assessors George Barker 1 year 6/30/2015 Board of Assessors Bryan Perry 1 year 6/30/2015 Board of Health Larry Fixler 3 years 6/30/2017 Board of Health Francis MacMillan, Jr 3 years 6/30/2017 Planning Board Michael Colantoni 3 years 6/30/2017 Planning Board Lynne Rudnicki 3 years 6/30/2017 New Appointment Planning Board (Associate) Peter Boynton 3 years 6/30/2017 Notice from State Lottery Commission —Den Rock Wine &Spirits, 54 Peters Street, KENO TO GO The State Lottery Commission has granted approval to Den Rock Wine &Spirits, 54 Peters Street, to sell KENO To Go Position/Vacancy Log Human Resources Director Cathy Darby provided a Job Posting/Vacancy Log BOARD REORGANIZATION Nomination and Vote for Officer William Gordon made a MOTION, seconded by Tracy Watson to nominate Richard Vaillancourt as Chairman of the Board of Selectmen. Vote approved 5-0. Tracy Watson made a MOTION, seconded by Richard Vaillancourt to nominate William Gordon as Clerk of the Board of Selectmen. Vote approved 5-0. William Gordon made a MOTION, seconded by Richard Vaillancourt to nominate Tracy Watson as Licensing Chairman of the Licensing Commissioners. Vote approved 5-0. ADJOURNMENT: William Gordon made a MOTION, seconded by Richard Vaillancourt, to adjourn the meeting at 9:10 p.m. Vote approved 5-0. Adele J. Johnson Executive Assistant Richard Vaillancourt, Clerk of the Board