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HomeMy WebLinkAbout2021-06-08 Board of Selectmen Minutes Call To Order: Chairman Chris Nobile called the meeting to order at 6:35PM in the Town Hall Meeting Room. The open session meeting was recorded. ATTENDANCE: Laura Bates, Janice Phillips, Rosemary Smedile, Richard Vaillancourt, Chairman Chris Nobile, Town Manager Melissa Murphy Rodrigues, Director of Administrative Services Laurie Burzlaff and Deputy Town Manger Denise Casey were present. EXECUTIVE SESSION Chairman Nobile stated the Board will enter Executive session to conduct strategy session in preparation for contract negotiations with non-union personnel (Fire Chief) and declared an open meeting will have a detrimental effect on the litigating position of the Board. MOTION: Mr. Vaillancourt motioned the Select Board move into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)(2) #2-to conduct strategy session in preparation for contract negotiations with non-union personnel (Fire Chief). Ms. Smedile seconded. Roll call vote: Bates- yes, Phillips-yes; Smedile-yes, Vaillancourt-yes; Nobile- yes. Motion approved 5-0. The Board returned to Open Session at 7:00PM. PUBLIC COMMENT Ms. Rodrigues stated there were no public comments. JOINT MEETING WITH PLANNING BOARD- Update on Royal Crest Planning Board members Chairman Eitan Goldberg, John Simons, Peter Boynton, Kelly Cormier and Aaron Preston were present by both in person and virtual. Mr. Goldberg stated the Planning Board is having a hybrid meeting. Mr. Goldberg read the Governor’s statement for remote meetings. Ms. Rodrigues stated after doing several analysis it was suggested to the developers to cut 33% from their non-by right plan and to keep 40B whole. Ms. Rodrigues stated this would be a 20% reduction in their program. Ms. Rodrigues stated the developers came back with a counter offer, a reduction of 33% of the Master Plan program and a 20% overall reduction. Jim Keefe and Mike Lozano from Trinity were present at the meeting. Mr. Keefe gave an overview of the change to the program. Mr. Lozano gave a presentation on the ways the plan will be changed. Mr. Vaillancourt asked Mr. Lozano about the columns on the spreadsheet for retail and multifamily. Mr. Lozano explained they are mixed use buildings with retail at the bottom and residential on top. Mr. Lozano stated the plan is to get feedback about density and apply it to the plan. Ms. Smedile asked what Mr. Lozano was referring to regarding how close in proximity the 55+ units and townhouses for students are. Mr. Lozano stated they are relatively close in proximity. Mr. Goldberg stated the dorms were very close to Route 114’s roadway. Ms. Smedile asked how close houses will be to the dorm building. Mr. Lozano stated approximately 140 feet at a minimum on Berkley Road. Mr. Simons stated the parking lot associated with the dorms is closer to residents on Berkley Road than 140 feet. Mr. Lozano stated they are redesigning due to this and will present the redesign upon completion. Mr. Lozano stated the 40B component would be a total of 385 units that would count toward the Town’s obligation under 40B. 289 units would be market rate and 96 would be affordable mixed throughout the property. Mr. Vaillancourt asked about the height of Building E. Mr. Lozano stated half would be five stories high and the other half would be 4 stories high, and could further be reduced. Ms. Smedile and Mr. Boynton asked if there are any other current properties to see examples. Mr. Lozano stated the design team will give more information after the meeting using the feedback. Ms. Cormier asked if the building will remain close to Route 114 as seen onsite or would they be moving it back. Mr. Lozano stated the design team will be looking at it and there are concerns with location and it is being taken into consideration. Ms. Smedile asked how many vehicles will be on site. Mr. Lozano stated the vehicles trips previous plan was 15,973 minus 1981 with the revised plan. Ms. Cormier asked what the net new will be. Mr. Lozano stated there is a chart with all updated numbers. Ms. Rodrigues stated 234 school aged children, 206 with new proposal. Mr. Lozano stated existing there are 213 school aged children. Ms. Bates suggested to look at putting an overpass at Merrimack. Mr. Lozano stated MassDOT has currently shot the idea down twice. Mr. Lozano explained MassDOT will be implementing smart signal technology to monitor traffic and pedestrian signals. Mr. Boynton asked about a pedestrian bridge that lands at an upper floor of a planned dorm and stated he does not feel all options have been explored. Mr. Preston asked how the project is permitted. Mr. Lozano stated Master Plan and rezoning would be approved at Town Meeting and that zoning overlay would require that each element of the plan would need to be brought before the Planning Board. Mr. Simons asked if it would be a site plan review. Mr. Lozano stated yes, it would be consistent with the Master Plan. Ms. Bates asked Ms. Rodrigues why there was a reduction in 55+ housing. Ms. 1 Rodrigues stated that they wanted to make sure other housing was not reduced. Mr. Goldberg stated 55+ is easier to develop rather than the other types of housing. MOTION: Mr. Boynton motioned to close the meeting of the Planning Board. Mr. Preston seconded. Motion approved 5-0. NEW BUSINESS Request of India Association of Greater Boston for a flag raising event on August 13, 2021 at 10:00AM to commemorate India’s 75th Independence Day and for flag to remain raised until August 16, 2021 Ms. Rodrigues asked for an item be taken out of order on the agenda, Request of India Association of Greater Boston for a flag raising event on August 13, 2021 at 10:00AM to commemorate India’s 75th Independence Day and for flag to remain raised until August 16, 2021. Jeyanthi Ghatraju was present at the meeting and gave information on the request. MOTION: Ms. Smedile motioned to move that the Select Board approve the request of the India Association of Greater Boston for a flag raising event on August 13, 2021 at 10:00AM to commemorate India’s 75th Independence Day and for the flag to remain raised until August 16, 2021. Ms. Bates seconded. Motion approved 5-0. Ms. Rodrigues asked to take the Fire Chief contact out of order. VOTE TO SIGN FIRE CHIEF CONTRACT Ms. Rodrigues went through the terms of the contract for the new North Andover Fire Chief, John Weir. Ms. Rodrigues made a change to the following terms: After the initial year of this contract and on each succeeding year the Fire Chief shall receive at least the same percentage salary base increase reflected in the agreement with Local 2035 AFL/CIO MOTION: Ms. Smedile motioned to move to sign the contract between the Town of North Andover and John Weir, as presented. Ms. Bates seconded. Motion approved 5-0. DOWNTOWN IMPROVEMENT MASTER PLAN PRESENTATION Jean Enright and Dan Beckley were present at the meeting. Mr. Beckley gave presentation of Downtown Improvement Master Plan. Mr. Nobile asked how many businesses and property owners were sent letter for the underground overhead utilities meeting. Ms. Enright stated 100 businesses and about the same for residents. John Borgesi was present at the meeting and gave presentation about the background of the underground overhead utilities. Mr. Vaillancourt asked about the timeline. Mr. Borgesi stated about 10 years to complete both streetscape/sidewalk improvements and underground utilities. Mr. Vaillancourt asked how much of the time will be a disruption to the downtown area. Mr. Borgesi stated actual construction is about 4-5 years between the 2 projects. Andrew Shapiro was present at the meeting. Mr. Shapiro went over poll results, potential costs and benefits for undergrounding utilities. Mr. Vaillancourt mentioned the need to make sure businesses that will be affected are taken care of to ensure that they will not go out of business during this process. Ms. Smedile asked about putting utilities in backyards. Mr. Borgesi stated National Grid would rather keep them where they are. Ms. Enright stated when sidewalks are improved is when utilities would be placed underground. Request of the North Andover Merchants Association to use the Town Common and to close Mass Avenue from Academy Road to the lights on Osgood Street for the Fall Festival on September 18, 2021 from 7:00AM to 6:00PM Ms. Phillips gave information on the North Andover Merchants Association MOTION: Ms. Smedile motioned to move that the Select Board approve the request of the North Andover Merchants Association to use the Town Common and to close Mass Avenue from Academy Road to the lights on Osgood Street for the Fall Festival on September 18, 2021 from 7:00AM to 6:00PM. Ms. Smedile seconded. Motion approved 5-0 Request of the Exchange Club to change the date for their ceremony at the Town Common from June 13, 2021 to June 12, 2021 at 10:00AM and for permission to use the stage on June 12, 2021 2 MOTION: Mr. Vaillancourt motioned that the Select Board approve the request of the Exchange Club to change the date for their ceremony at the Town Common from June 13, 2021 to June 12, 2021 at 10:00AM and for permission to use the stage on June 12, 2021. Ms. Smedile seconded. Motion approved 5-0 Vote to accept right of way easement from RCG North Andover Mills LLC for High Street David Steinbergh was present at the meeting and gave information on easement. MOTION: Ms. Smedile motioned to move that the Select Board accept and sign the right of way easement from RCG North Andover Mills LLC for High Street. Ms. Bates seconded. Motion approved 5-0 Request of Sue Parke to use Osgood Street and Court Street for a road race on August 15, 2021 starting at 8:00AM Ms. Phillips gave information regarding the upcoming road race in August. MOTION: Ms. Phillips motioned to move that the Select Board approve the request of Sue Parke to use Osgood Street and Court Street for a road race on August 15, 2021 starting at 8:00AM. Mr. Vaillancourt seconded. Motion approved 5-0 Request of Elizabeth Walther-Grant of Merrimack Valley Black and Brown Voices to use the Town Common for a vendor market on July 25, 2021 from 9:00AM to 4:00PM Ms. Rodrigues gave information on the vendor market stating they are expecting about 400 people, all local owned businesses. MOTION: Ms. Smedile motioned to move that the Select Board approve the request of Merrimack Valley Black and Brown Voices to use the Town Common for a vendor market on July 25, 2021 from 9:00AM to 4:00PM. Ms. Bates seconded. Motion approved 5-0 Vote to execute purchase and sale agreement with MINCO for the acquisition of 1 and 3 Surrey Drive and to authorize construction and cross easements needed for the Senior Center project Ms. Rodrigues asked not to move forward with the vote to execute the Purchase & Sale with Minco due to the work that still needs to be completed. Vote to end State of Emergency MOTION: Ms. Smedile motioned to move that the Select Board end the State of Emergency declared on March 18, 2020. Mr. Vaillancourt seconded. Motion approved 5-0. LICENSING MOTION: Ms. Bates motioned to open a meeting of the North Andover Licensing Commission. Mr. Vaillancourt seconded. Motion approved 5-0. Request from Deborah Ingalls of Butler and Bars for five (5) one day liquor licenses at Smolak Farms in the large event tent and waiver of police detail for the following events: Wedding reception on June 19, 2021 from 5:00PM to 10:00PM (all alcohol) Wedding reception on June 26, 2021 from 5:00PM to 10:00PM (all alcohol) Wedding reception on July 4, 2021 from 4:00PM to 10:00PM (all alcohol) Wedding rehearsal dinner on July 17, 2021 from 5:00PM to 9:00PM (all alcohol) Bridal shower on August 15, 2021 from 11:00AM to 3:00PM (wine and malt) Ms. Rodrigues mentioned the police are recommending a police detail for evening weddings. Mr. Nobile stated police detail will not be waived. 3 MOTION: Mr. Nobile motioned to move that the Select Board, acting as licensing commissioners approve the request of Deborah Ingalls of Butlers and Bar for four one day all alcohol licenses and one wine and malt license for the events as presented and to not waive the police details at the evening events. Ms. Bates seconded. Motion approved 5-0. Request of Kate Bibeau of Stevens Coolidge House and Gardens for eight (8) one day wine and malt licenses and waiver of police details for the following events: Summer picnic concerts on July 9, 16, 23, 30, August 6, 20, and 27, 2021 from 5:00PM to 8:00PM Community picnics on June 27, 2021, July 18, 2021, August 29, 2021 from 10:00AM to 6:00PM 3rd Annual Oktoberfest on September 25, 2021 from 12:00PM to 8:00PM Kate Bibeau was present at the meeting. Mr. Vaillancourt asked Ms. Bibeau about the stage location. Ms. Bibeau stated the stage was moved as agreed to in the entertainment license. Ms. Bibeau mentioned a sound study will be conducted to address noise concerns. Ms. Rodrigues mentioned the Health Department will also be conducting a sound analysis. Ms. Rodrigues mentioned the request should state 11 one day wine and malt licenses, not 8 and it is suggested to have a police detail at the evening events. Ms. Phillips mentioned there were public comments that came in. Ms. Rodrigues read the public comments. 1) Kelly Cormier of Andover Street asked to deny license for Father’s Day 2) Mary Kilpatrick of Andover Street opposed licenses of events since the Trustees have not reached out to the neighbors to address their concerns Ms. Smedile read the letter from Ms. Bibeau addressing the sound concerns. Ms. Bates asked Ms. Rodrigues how long the inspector will be on site. Ms. Rodrigues stated Brian LaGrasse will be conducting the study. Ms. Phillips suggested Ms. Bibeau go back and speak with the neighbors that have concerns. Mr. Nobile suggested to approve licenses through July and get the studies back before approving all of the dates. Ms. Smedile suggested providing good will to surrounding neighbors. MOTION: Mr. Vaillancourt motioned to move that the Select Board, acting as licensing commissioners approve the request of Kate Bibeau of Stevens Coolidge House and Gardens for the following dates: June 27, July 18 10-6PM and July 9, 16, 23, 30 from 5-8PM for wine and malt licenses for events as presented and do not waive the police detail at the evening events. Mr. Nobile seconded. Motion approved 5-0. MOTION: Ms. Bates motioned to close a meeting of the North Andover Licensing Commission. Mr. Nobile seconded. Motion approved 5-0. CONSENT ITEMS A. Request of the Police Department to surplus three vehicles B. Affordable unit resale-waiver of right of first refusal for 8 Compass Point C. Accept donations to the Youth Center for the 2021 Summer shows on the Common MOTION: Ms. Bates motioned to move that the Select Board approve all consent items. Mr. Nobile seconded. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF MAY 24, 2021 MOTION: Mr. Vaillancourt motioned to approve the Open Session minutes of May 24, 2021. Ms. Smedile seconded. Motion approved 5-0. OLD BUSINESS Vote recommendation on amended Town Meeting Warrant Article 31- Sign bylaw Ms. Rodrigues went over the amendments to Warrant Article 31. 4 MOTION: Mr. Vaillancourt motioned to move that the Select Board recommend Favorable Action on Article 31 as amended. Ms. Smedile seconded. Motion approved 5-0. Ms. Rodrigues mentioned that the Select Board has not yet taken a position on Article 24. Ms. Rodrigues stated that most likely will not need the article and suggested to have a meeting before Town Meeting to discuss. Ms. Rodrigues presented Article 32- Housing Moratorium. Ms. Smedile asked if the Housing Affordability Gap slide shows the current interest rates. Ms. Rodrigues stated she would look into it. Ms. Smedile asked Ms. Rodrigues what percentage or rank of the fastest growing communities are in the State. Ms. Rodrigues stated about 7.6% growth in Merrimack Valley. Mr. Nobile mentioned each Select Board member could take a slide to discuss at Town Meeting. TOWN MANAGER’S REPORT Ms., Rodrigues gave the following report: - Only 11 active COVID cases - Library is open until 9PM - All municipal building are open - There will be a pop up vaccine clinic at Town Meeting SELECT BOARD UPDATES & COMMENTS Select Board congratulated recent North Andover graduates and mentioned the Farmer’s Market will be open on 6/20. ADJOURNMENT MOTION: Ms. Smedile made a MOTION, seconded by Ms. Phillips to adjourn the meeting at 9:45PM. Motion approved 5- 0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Richard Vaillancourt, Clerk of the Board Documents used at meeting: License request Memorandum Application for request Donation Minutes 5