HomeMy WebLinkAbout2017-01-17 Minutes SPR 230 DECEMBER 1, 1980 (continued)
RECEIVED:
Letter from Chamber of Commerce re vandalism. 71
Letter of resignation as a member of the Tax Relief Committee from Elizabeth
Conway. Appropriate letter of appreciation for her services will be sent.
Letter from American Legion requesting permission for a "Walk for Youth
Program"April 5, 1981. Granted.
HILLSIDE RD. HEARING:
Steve Erka, DPW Traffic Engineer, was present at the hearing to determine
tt:e best course of action to stop the frequent fatal traffic accidents in
the vicinity of Hillside Road and Rt. 114. Erka proposed placing a barrier
on Hillside Rd. , at Rt. 114, making it a deadend street. Several residents '
in that area objected to the plan because of the school busses using Hill-
side Road. After much discussion, Mike Schena proposed that an island be
constructed in the middle of Rt. 114, making it a divided highway at the
juncture of Hillside Rd. With the construction of the island, vehicles
could not cross the highway or make dangerous left-turns. Mr. Erka agreed
to present the plan to the DPW.
TRANSFERS FOR BUILDING REPAIRS & SIGNS:
Necessary repairs to the Town Building, the electrical system, money for
traffic signs and MMA personnel service was discussed. Brian stressed the
need ,for a safe, electrical service for the Town Building. Board instructed
him to accept proposals to correct the electrical set up, to draft a break
down of necessary expenses.
LICENSING COMMISSIONERS:
Renewal of licenses approved:
Common Victualer: K-Mart, Jimmy's Famous Pizza, Star Pizza & Sub Shop.
Taxicab: Edward Provissia d/b/a North Andover Checker Cab.
Package Store-Wine & Malt: Canty's Market, Ron's Lobster Pool, Toms Beer:.
& Wine, Middlesex Market, Richdale Dairy Stores, Inc.
Package Store-All Alcoholic: Den Rock Liquor Mart, Inc, McCracken's Liquors &
Wines, Inc. Messina's Liquor Store, Inc:, 64 Main
Street Liquors, Inc. e
Club-All Alcoholic, C.V.: Club 2104, Inc.,, K.of C. Association, Inc.,
North Andover Country Club, Inc.
Special Club: Merrimack College
Hotel: Merrimack Valley Motor Inn.
Restaurant, C.V.: North Andover Spa, China Blossom, Inc., Thompson's Res-
taurant, Inc., The Crystal Manor,Triwin, Inc. , 99:.North,,
Inc., Helen's Place, Spymaz Corp., N. A. Restaurant- Idc.,
The Loft Tavern, Cahoots, Inc. JJ, Boyle, Inc.,Town Line.
Restaurant, Inc.
1-day liquor license, Merrimack College, Sager Food Services, Dec. 6th.
Alice M. Letarte, Secretary ****� ' * C�- *�' A. Jerk_
CIVIL SERVICE:
Letter received from Division of Personnel Administration re the implemen-
tation of Civil Service Rule #30 which mandates delegation to municipalities
of responsibility for administration of Labor Service functions. Brian, as
the designated local Labor Service Director, will be scheduled for.partici.-.
pction in the Division of Personnel Administration sponsored training
sessions beginning December 3 to December 5th. The Board authorized Brian
and Karen Robertson to attend the sessions. �'
August 10, 1981 (continued) -_ 3 0
LICENSING: ..... _ ..r
Approved: 1-day liquor license,RAuguet,22, for wedding'at DU Conference
i Center from Carolyn Chadwick, 81 Prescott St. ' .
,. •1-day beer license for Sept. 20, for a• c•1am'bake'scheduled by
St. Michael's•Parish•Activities Committee on Maple Ave.'
�s Request to transfer stock (60 shares) "of Dan• Rock"Liquor Mart, Inc
from James• Burliss to'sons, William J.(Manager),•and-Charles J.
Burliss (30 shares each). To be sent to ARC for approval.
Received: Letter from School. Committee re transf of Buco's icense.
n,�a...
Alice`�M;`'Letarte, Secretary erk
AUGUST;,•24 L-1981.
The Board:of Selectmen held their regular meeting.on this date .with all
membersr•present; Selectmen Thomas J. McEvoy, Charles A. Salisbury, Ralph R.
Joyce,,R=r,Louis-DiFruocio with-Chairman John W-..-Graham presiding. The minute
and.,warrant were approved as submitted.
HILLSIDE RD::
Frank Serio appeared before the Board to discuss- the Hillside Rd. problem.
He stated that he likes Hillside Road the way it is now but his-second choice
would be dead-ending the street temporarily with a turn-s-round, a decision
lthat, the-.Board had made at a previous meeting. tie•also'brought'up the•matter
ofYflashing yellow lights.but was told that-they-would not.be effective-4-
BURIED-,,CABLE:
The Board approved the petition.of Mass. Electric Co. to install buried cable
and an underground conduit on Poster St.
APPT&,4SST:•. ELECTRICAL INSPECTOR (Provisional)
Two4pplications'were received for the above-named position; Terrance Joyce'
and^.William A. ,Haude. The Board voted (3 - 2 abstentions) to•appoint.Terranc
' Joyca,EAH+ rovisional Appointmont'until:.he takes;.the .Civil Service exam for th
Poo ti:7r.Selectman Salisbury asked if.•Mr.'Joyce• knew that he could not'•perform
any.,electrical•iaorkoin the Town: while•Aset.'.Electrical Inspector,.(a require-
ment ofYthe.State) and Selectman'McEvoy statedthat:ha had talked to Joyce:.:. .
and he-'wss,,aware• of this'stipulation.
CHAPTER1339, Acts.-of 1981:.
:Letter received from the Department of Revenue requesting that the:Tax Rate.
.-Recapitulation Sheet had,been revised, and thdt Chapter 339 of�the Acts of .
1981 concerning 'Offset Receipts" must-be implemented at this-time.by.all..
municipal officials who-are'responsible for..the prepavetion:of the. FY,1982
TaxSRate Recapitulation,,Sheete-,-Town Treasurer•, ,Jim-Dswhirax• and.Town,Aaaoun-
tant; Joe.Wiilia,,.were•.;present to oppose..the-imp lemenitation.:;•In his.,letter:'
td phetBoard,. Dewhivat listed the following reasons why he,was opposed: ...I)
It would be a bookkeeping nightmare. 2) It-would further delay setting of
tax rates. ..3) It would make presentation of budgets to Town..Meeting more
difficult.. .47 It would cause difficulty for• Advisory Board in:administering
the ReserveJund..- 'S) Sinee.,we are well below.the limits of Prop,2 1/2, the
bancfits-would be negligible. He.also advised the Board,that•he,wrould attend
•a meeting on the matter scheduled Sept. 1, in Boxford. 'It was unanimously
voted not to..accept Chapter 339',of the Acts-of 1981-.,.
' UUMC&AIRPORZ 2..PARCELS LAND`. 5.
�Leterrrfrom► 'the Town Liaison officer to the Airport, Frank Trombly, reparted
thskt.dn•August 6,. 1981, the Law. Airport Commission votedi*rove•a lease:
under,the guidance of the Economic Development Industrial Commission because
the?permissi.on of the Lawrence-City.Council is needed for leases•of-more than
20 years.. The, parcels• of land (• 40.yrs.), Is with Ben Osgood, r
George Sternret al, developers:,•One irea -is on•'the east side of the main -
entrance to 'the Airport, the other -on the left with bath areas abutting -the
driveway. ,xhis •dove lopement, approved:by:the Lawrence City Council, is to be
Totr,office space. and light industry;.only, and in no way will".it be used or
can be,used, for .housing of,any kind:- The• develppment will also bring in
added taxes .to the Town. ,
5 • •
ro use 10 1981• cc0ontinued)
302 POCB,OF lCER A�P�INTM�T:
The Selectmen unanimously appointed Tracy-Lee Little, a permanen ! full
time police officer, effective September 14; 1981; at a salary -of'
$13,420/yr. She *as selected from an eligib;1e Civil Service•'list lof:
-three candidates and•was recommended for appointment by Police Chief'V'
Donnelly. ''A date-will be--set 'for her physical examination"an&Vt.1l
be enrolled in.the-recruit police-training.program 8eptember,.l46h;-k"!,
The board-voted, also, to,, -'a 'requisition'sent-'in'-to Civil Service..
-requesting-an eligible list far -appointinent of &'Police•officer,to" ^01.
fill vacancy-caused by- the retirement of police Officer Kendill?';
SUROHI0 CO.: ;
Notice received from•the'•Sunohio Co:' that,"in- accordance'With`EPAr" +'
regulations;'the firm had;Aeveloped 'a new-'prooess"to-remave' PCB"#L:^':1'
from-:trans former,fluids==used•-frequently in: the"past •by <: ,
companies. :'If requested; they 1will"use--the,process-in-North-Andover.4A
Brian,stated that Mae$:'•Electri.c---indicated- that their'older tr�ena-
-formers do contain-soave• fluid with-PCB'a i-but the"new'•'equipment�doea '+
not'contiin•'PCB..::�Mass:-'Electric has requested a•demonstration Pfrdm :
SunOhio'aoane time iii'the fall.' Sal:ctmen'-voted`,to:receive.lettex'ff0V
the files; . + m �aa .':,
CONSERVATION•COMMISSION: :
-"James-Lafond;•Ch:"of .the Conservation Commission, appeared befo e�-the' .
"Board--!to,-discuss -the-Attorney Geoeral'•s 'die approval'Of-the Commiasian`�s
I y-Law' passed-•at.'Town'Meeting,•-concerning'fees: • Chatrmin;-LA6nd`r•'-va:
stated that•the''Comanission fees'are definitely'tied to°the: costF+of =s
the~service;-contrary,to`•the 'Attorney Geaeralr.s. statement,-and-woulde::
••:like,advice-on-how..to- appeal-,the'A,-.Gederal's-,'xuling;-and-wouldeol+ike•;n
. ra'letter,sent%to'the -Attorney•General:onsthe,6itter f)01sctmari"t"�r�:�
Salisbury•-suggeetede that-the•..Conservatione'Commission-should:-siked0.,9.
the Attorney 'General what-type of By-Lbw°would-be=acceptable;'i'�After�
further-discussion;.'the-Board%voted••to send-letter to Town Coui:ael"1O'
authorizing`him to=advise the Conservation Cammiasi'on,re the.D.A��s 4:,ar
,decision. " . �. . ', ,.y 'i7:;::%,:;0C
HUA GRANT:
The Board voted unanimously to authorize the Chairman'to execute
HUD GRANT.
LICENSING.COMMISSIONERS i,
GASOLINE-STOMOZI(Diesely- � O'Le!a Flagah�p�i,n,;�,
. :A-Hearing see held on .the.,application'from E. xy',..
Drive, on'tits,;application,.to. store:underground diesel tank..._Ovrae:r�,`.v�,
stated that;it was.:'a,diesel;iank, .i 6t;gaaol.ine as•'stited, iii,.errax�,;"r:
oati the':application:'- They. told•:abutters that•the;trunks .bra se:=ieiaed'; '
under.cover.; tytat tic"residue.goes citt-�.of.-.the',gaxatge, ;that=it
cycled:in.ttie.garage; tact, '+is;.it .has to do. with landscapirg,; �,'!i�;a r
aiasonai buali ese. ;Applioritioii approved subject iA Fire Chief.m;` ..Y,;,,,
'appicovil• of,'the 'diesel:gas:,
The:Board'`aPpicoved the application"of Robert Dunn,;.for operation:af
seven-coin'machines at Boston-Kill Ski and
r.f, . ,....,;.:
` H4L}yING'PATTERN RESTAURANT: " 3° i;'
kieaxing _held::on;application fora aiirie.and.beer license'for .the Holiiing
Pattern:`restauraiit'lo.cated-at�the Airport. Letters of;•approv.4 ,1t, 0-J.d,
._.from' the'•Bd. 'of:Henitti and,Building-:16jedtOrl l�rank'.'Trombly, 'is-1son2l"
reoresentative -of-the•Town'to the Lawrence -Airport-Commission, stilted
that though'the Commission approved the:excellent.e:ffnrt the..,cme �sh'!d
made to.clean,-and•redo•the.-restaurant,, the Law: •Airp'ott -Omaission as_
not had adequate;time 'to`.meet r and discuss.�the:application ,and the et',,£`ect
on':the Airport and.requested Chat, 'at; this Ume, that 'the,appli;cetian.-:be
dismissed,-,without thOut'pre-
'prejudice , Seleatma�t Saliebur}r', 'whoflies;,iake�'{if
- the.restaurant'would be .divided'in •a.separate, room; that he had;.tea h`Cs
about.pilotk combining dri'nking-witW flyi.ng•i'):Aftev further discuss ot�,
it was -agreed unanimously to -diski:swW, the application::without Mize
• ' I
AUGUST 10, 1981, (continued) ' 30 L
DOO OtF CER:
re4eivao:on stray dogs, unlicensed. 'The Selectmen stated that'he ww Id gust
have!to'out•down on his'calls and--his- mileage to stay within,-his budget:,
It was proposed by the -Dog Officer that he could save .$600. if-the Selectmen
gave him!permission to bury dogs in-the To,�n.Farm area..'that -the Highway
Surveyor, had,agreed to. loan him-the necessary'implements. -No decision made.
Dog Officer was- told to stay within his'-budget•'and at .the end of-the year
they would raise-.his salary. If he didn't, he' would not be reappointed.
HILLSIDE RD.& RT. -114:
•A longgdiscussion,•once more, ensued' on the •problem of Hillside Road. Issues
discussed•were .the•offectiveness of--the barrel••island placed by'the'DPW; •
pursuit:;of;traffic lights and whether•to•-dead:tend Hillside road-or not:
Residents:-of--the area.preaent.at. the'meeting were" opposed-to,the-barrels,
said it was�.ineffective:•Selectman Salisbury-,:stated that the barrels, -
mandating,a•right"•turn, :seemed effective. and.the DPW. should•be requested
,to. fi:nish,the-design;fob and.make the island--permanent. Chairman Graham
stated�,that, once',andjfor'!all, .he•wanted,the Board's decision wbether they
wish to pursue the' installation''of' traffic lights with Boston-'or not; that
if the majority of the Board does not=want the' lights he would consider'•it
a .dead -issue.- McEvoy made motion to pursue the•.traffic-•lights.• No second
tofuot1oni!... Chairman Graham declared -that,:.all activity'-related:.to; the lightr
°,Oowld„cexse and--desist: A letter from,Chief-Donnelly stated that he was in
favovofidead ending a,p'ortion:of Hillside,Rdiofiom•Rt.• 125 •to '114✓• A motic..
was. made:to•yaake.Hillside•.Road a,•temporary.,;,dead,and-•street�and•to-have•Brian
work:wi•th!Bud Cyr and owner:of-piroperty-av the,"'en&h;of''Hi�liside'-Road.t&-dove I--
••op,a rtemporary•turn around. : 'Motion.wets,•seconded, :;vote-wxs 3-to :2:.:Saliabury
and •DiFruscio'opposadi i:-It +was 'also'.:agreed:to'Rnotifq'Sherman,Eidleman.that-
the Boa►rd,.had:voted:•to-Tursua,•the tomporaryFdead-end of-Hillside -Road.. Frank
•Seric-,%keaident-of'Hillside;Road;,-was'unablcµtovba:present•.because•of-•a ~-r
Board-of.Appeals:.meeting-:and-it was agreed m ask--him•to 'attend,the-Aug.24th
meetiAS,to':presant.:his.views•on-Hiilaide Rd.. :He.will ,be .placpd•:on-the Agenda
.pramptiy at 71130'P.M. - Selectman Joyce made. a.motion-to-"apply,political,
pressure to.viden Rt:?1-25' & 114 where it-ends-and install a triangle.- ...No
second was-made to .thr'motion:
gyp' •s'sn'pr�1. ' + ' : '.. r . . ! .. '•!; .:ri. .. .. t
CHESTNUT S4REE i
At a:previous.meeting it had been voted io-have a traffic cht6t made on
Chestnut Street with a spacial accounting -of-the nutiobex"oi•-truckd-uaing the
street: Brian S. advised the Hoard that• he would like authorization to Aid''.
•tuohioh,•sahool boys to tabulate the traffic e:ount: °It:tirae'do veitied'. M$king
C'heist'nVei'sltieet'if<_,!to.Through'•Wayu'was`brought up.orce more:• (This"would.be
~duriing�'cextain t►our�a' After a'discuaaion, the Chairman celled for d"'motion
an' tile r'opaeai. 'As t ie>ra=was`no'motion, Chaiiriaan dccl'xred'the relative
h,, ......., ,
puiiii:t `61 a .'�No, Tkio'uk' i Way" A' d issue. • The,'triangle on'Chestrut•St.
was tft'ati`diacuasad: .:Police'Chief�ir'favor"of-1t. -Fire'Chief--iiaCed-his
vehicles would-have;-to go :on the• left::eids' of the'triiI Sle'which idn''t-a
aafe;.aaip sacatding to'Brian S-. ects ll 'is''a tip ins corner;= ' Diok-Hii'v iaier,
resident, 'proposed-.that- the-.triangle be.made. it•roeiry� iveryone'keepirf8-to
the. right,-•'•Chairman Graham suggested that the Board discuss...tb: triangle .T,
with�,the ,Fire.:Chief; It aaa.votedto:purauei,:tha:matterrof, the triangle,
making.it safer and/ ike �the necessary iteps;to discourage-speading%on
-Chestnut Street. 'Vote was unanimous. :In addition to the discussion- on.
s. Chestnut Street, resident'asked if-,sidewalks ,coui'd';be,-Lnatalle:d. °'Brian
s'taie'dl that Elie High lay Surveyor' had catia dered this'but the 'stii i .xae
con"A rrow�. 'It.was also 'suggested that 'the street•,ba•,policed during•the
Yi4ure'chiYdren-were'gaing'to and 1rom school'to.discourag'e :i'ecdi'ng.:
SM0OYI .CO�MTTEE4PECIAL LEGAi. COUNSEL: _
n,•s•,•
Le�L, er; received from the School Coaauittee Acting Supt: of"5ahools;
Henry C., Shelley,,requesting,that 'Atty. •Richard Sullivan be retained,
'vita{` �pteicial Tawn'Cnunsel:to -rapiesent 'the School' Dept:•-in 9 Chaptaii-766
' eAa'�Meuring. Sahool�:C+i�mittae advised•the'Selectmen that,they. had
"xe a ned and psi d'for'�#Cty: 8011lvdfih cervices in a recezit• fader case.
• Thi`a`•xeitieiit, ass° taken without••xuthorizattion of the 'Board--of Selectmen.
�l't waa< voted that Cha i*an:.,Qraham contact the'Chairman of the School
Committee and/JkJ &e Sehool'Committee a letter advising them of the
proper procedure' re .the'appointment of a"Speicial.Town Counsel.
OQ Bugust .10, 1981.
6-Board of;Selectmen-held their regular meeting on this date•with' ali'mem-
bera present, Selectmen Thomas J. MCEv'oy Charles A.-Salisbury, Ralph R.
Joyce, R. LoVis DiFrusci.o'with•Cheirman �ohn••W. Graham presiding: -The minutes
and'warrant were,!approved as submitted.
JURORS:
The following persons were drawn for jury-duty';-September Sth Sitting:
Newburyport:• Elizabeth-D: Howard,-•288-;Middlesex•St:.Salem: Joseph-P. Callahan,
30 Union St., Ruth S: Homer;"98. High•St.;-'Jahn•B: Melvin; 28 Beacon Hill Blvd-.
Lawrence: 'William P. O'Brien, 39 •Royal'Crest Dr:
CARD PLAN HEARING:
A-hearing was held on an amendment of-the Card Plan.. It was the unanimous
vote of the Board to approve the revision to•the--North-Andover Central l;usincs
CARD Plan and said Plan shall'be•-submitted•to;the Secretary of Com.xunities�and
Development-Ior approval.
URBAN SYSTEMS PROJECT EXTENSION:
•'The Selectmen approved letter to be sent to the.-District Highway Engineer
requesting that. the limits of the existing Project Area,-•designated•,under• the
-HUD Comprehensive Communiiy'Development Black-Grant,. be extended approximately
860 feet in a southerl,y,•direation to include the-Waverly Road intersection, to
continue to- the Main/Sutton Project Area, ' The .Town--has'Access,-to additional-
-funds for design work~and.aj portion;of.-the-funds is. designated for.traffic •'
improvements.
RESIGNATION:
*- copy of a letter sent io the Planning Board received.- It contained the -
resignation of Vincent Turano from the.Planning•Board, effective September 1,
1981. No reason given.- Vacancy will,be 'advertised.•and applicants will.'.be-
interviewed and appointed jointlyby the Selectmen and Planning Board.
STREET LIGHT PiQUF.ST:
Connie Connors appeared befote the Board to request that. the street light 'in
front of hei'house,be•'reactivated. She stated that the light was installed
originally'at the requ,cer-of•the police department beaause-of continuous
vandalism and--violence in the area. That•the•many :young-children are in
.danger of vehicles i,aspecially in�thi%vinter•time whcn•it is'dark at 4 p.M.
Mrs. Connors"also'stated'that'the street-lights.shotildn't,be turned o£f. iTi
the,-TowA; thaei ie reei:dents-should--have-the protection-of lighted -streets;
Bhat money ehauld:be'a' ed•in4-another-way'. , Mrs;-Connors was advised that"
�due-�to•the,Advisory Board'decreased-appropri;ati-ons -certain••street lights, r,
•kaa -to -be taken out'..:that'the Selectmen••arew&ing. a- survey of the street,' .
. lights all~over Town'with the intention•to redistribute the sireet1i9ht54
Some streets have too•manlr liglits' And some-streets-.do-not have any. She:-
.stated• that.people would-.•help on,the--street- light•!survey.;if they are•being
distributed-than critical areas need not'be in darkness;- -Selectman4iPruscio
motioned to -have •a•Special Town Meet ing- to,raise money to fund the•raplice-
sent- of.-street lights. No second., After further discussion, it was- voted
to reactivate.,the•street light •in•fronvnof 65'Brightwood Ave.
SENIOR CENTER:'
.Gayton Osgood appeared before the Board to discuss...proposed sites for the..
Senior-Center. After a short discussion,-it•-waa-voted to- have Gayton set-,
.up -a,ueating for Wednesday, August-19th. Present-will -be the: Selectmen*—
.George (Russ) Moran$ -Director of the Elder Services;of the Merrimack.
-Valley-and-Chairman of,the Council On Aging.' .Hopefully; at-Chin meeting '. ,
the site will bi,determined. L
LOCAL ASSESSMENT COMMITTEE:
- Chairman Graham-.stated that the Town must get involved with the. Hazardous
Waste-facility in Haverhill•;- that-Haverhill must• have imput of North--Andover's
. feklings on the facility. Adm. Brian Sullivan advised the Board that the
Five- Chief, Dennia'Currierc;'is currently participating•in discussions, in
Haverhill.- After further discussion as' 'to the urgency'f6r the Local Assess-
:'me>nt Committee to greet, it was 'voted to,bive"Chairman Graham contact Phila• - '
Slade re setting up-a meeting•of�kk a Committee.
DOG OFFICER BUDGET: ryrti`�
Dog Officer appeared once more re'keepi.`n'�•withi.n his budget. He said it was
Impossible to•estimate how much he would-need because of the-many calls he
1
October 21, 1985
The Board held their regular meeting on this date with all members present: Chairman Christin
M. Smith, John W. Graham, Charles A. Salisbury, Kenneth C. Crouch, Ramsey A. Bahrawy; and
Executive Secretary, Keith A. Bergman,
The minutes of October 7 and October 16 were approved as submitted. Note: Graham abstaining
from voting on minutes of Oct. 16. The warrant was approved as submitted.
Massachusetts Electric Co./Hew En land Telephone Patitions
The Board approved the joint .petition of Mass. Electric and New England Tel to install
direct buried cable on Marbleridge Rd, to service a new subdivision; -10 new pole installations~
On-Sharpener's Pond Rd.; and 13 new pole locations on Salem Street, all subject to special
.� permit.
Local Arts Council
The Board accepted with regret the resignation of Frank Comparone from the Local Arts Council,
and reviewed the work and direction of that committee. Joan Thompson, council member,
stated that it was difficult to obtain a quorum for meeting action. Upon.a motion by.Salisbur
seconded by Crouch, It was voted unanimously to establish the committee as Five members on
a temporary basis, and.to.advertise for new applications.
Cou
oferBoard reviewedSurrounding-once,. impact Rd.
__ my Mill. Rd / Hillside .
from
• $ pact of making Mill Rd. a one way, and heard the sentiment
streets requesting the Board reverse its decision. Executive
Seeretary,:Keith Bergman reported on a meeting with County Engineer,-noting that common con-
venience:and necessity must warrant the laying out of a town way, and if any land damage costs
are incurred in'the process,. these costs must be borne by the Town, Chairman Smith reported
that the.Planning Board is opposed to making Mill Rd. a•one way, as well.-As-the Old Center
Study Committee. Members Salisbury and Crouch felt,that the road should be left as is and
direct the Growth Steering Committee to study it. Highway Surveyor, Bud Cyr, urged the Board .
to reverse its.deaision and make Mill Rd. a consistent 40 ft. wide, Many others in attendance
urged the widening of Mi.11'Rd., and added that developers should be made to put in through
streets, and not cul7de�-sacs. Selectman Salisbury added that something should be done to
improve the intersection.of Johaon St, and Mill Rd. Upon a motion by Croueb, seconded by
Salisbury; it was voted 3-2 (Graham,•Smith, Bahrawy, oppsed) to reconsider the Board's decision
with'respect to the one way status of Mill Rd. and give direction to the Highway Surveyor not
to proceed with iyrdening of Mill Rd. Highway Surveyor, Bud Cyr, rsminded'the Board that they
did not have the authority to direct him. Upon a motion by Bahrawy, seconded by Crouch, it
was voted unanimously to take no action of the 40ft, layout of Mill Rd.
Hil1l aide Rd.
Highway Surveyor, Bud Cyr asked the Board to Patiti.on..County Commissioners to lay out a
Portion of Hillside Rd. at a 40 ft. width and to abandon the end of Hillside Rd. at Rte, 114.' '
Upon.a motion by Salisbury, seconded by Crouch, it was voted unanimously to authorize the
40 ft. lay out of Hillside Rd. and refer the matter of the easement for the cnl-de-sac to
Town Counsel.
Department of Environmental management: Land Ae ulaition Takin ~
Representatives of the Dept, of Environmental Management petitioned the Board to approve
DEM's right to exercise eminent domain proceedings, if necessary.-In order to acquire some
96 acres of privately-owned land in the abandoned Missile site area. ..The taki,ngs.would
Provide for, parking and access to trails within the Boxford State Forest, as,well as:leaving
open space areas in the Town. Mr. Stoddard of DEM added 'they are-having appraisals done on
the three parcels and will be negotiating with the owners for purchase, before the right of
eminent domain is excercised. Upon a motion by Crouch, seconded by Graham, it was voted
3-2 (Bahrawy, Salisbury opposed) to hold a public hearing on November 4, and to refer the
matter to flown Counsel and Planning Bd. for their response.
Traffiat Boston Street
The Board reviewed:the.report Of-Police Chief Sullivan relative to a resident's request
to review the issue of speeding on Boston St. It was voted to forward a copy of the Chief'a
i report to Jean Abel, which notes that measures are being taken to control this problem.
Salem St. Runoff Problem
Mr. Racetta appeared before the Board for assistance with a water runoff .from two driveways
near.his home at 1532 Salem St. Mr, Racetta was most concerned about the water runoff
freezing in the winter, and the general damage cause to his property. Henry Fink, of the
Conservation Commission suggested that the developer be made to place a catch basin.
the bottom of the driveways. The Board informed Mr. Racetta that they had no authorization
to do anything to help him, and advised him that he could petition town meeting voters to
install a catch basin.
Trick or Treat
The Board voted to set the hours ,for trick.or treating on October 31st from 5:30 to 7:30 p.m,
and to review alternative celbrations for future years.
r
BOARD OF SELECTMEN MINUTES JANUARY 10,2000
CALL TO ORDER: Keith Mitchell called the meeting to order at 8:07 p.m.
ATTENDANCE: The following were present: Keith A. Mitchell, Chairman,
William B. Duffy, Jr., John R. Leeman, Jr.,Donald B. Stewart, James M. Xenakis,and Robert J. Halpin,
Town Manager.
APPROVAL OF MINUTES:
John Leeman made a MOTION,seconded by Donald Stewart,to approve the Open Session Minutes of
December b, 1999. Vote approved 5 --0.
John Leeman made a MOTION,seconded by Donald Stewart to approve both the Open Session and the
Executive Session Minutes of December 13, 1999. Vote approved 5 —0.
COMMUNICATIONS,ANNOUNCEMENTS AND PUBLIC COMMENT:
Due to the holiday on Monday,the next Board meeting will be on Tuesday, January 18,2000 at 7:30 p.m.
at the Stevens Memorial Library.
Schneider Electric Donation Acceptance
The Town Manager recommended that the Board accept a$1,000 donation from Schneider Electric,
which the Fire Dept, intends to use towards the purchase of a rescue airbag system. The total cost of the
starter kit is $2,510.
John Leeman made a MOTION, seconded by James Xenakis to accept the$1,000 donation from
Schneider Electric and to write a letter thanking them for the donation. Vote approved 5—0.
Chestnut Green Parkin
Attorney Peter Shaheen discussed the parking situation at Chestnut Green and requested approval to lease
some town owned land abutting the property which could be used for additional parking for
approximately 25 cars. Keith Mitchell recommended having an informal meeting with the residents,
abutters, selectmen and Town Manager to see if they have concerns. Atty. Shaheen offered to set up the
meeting in his office, and then get back on the agenda for a formal public hearing. In the interim,the
Chairman recommended that tentative negotiations be worked on with the Town Manager,
LICENSING:
William Duffy made a MOTION, seconded by James Xenakis,to move into Licensing. Vote approved 5
—0.
Approval to Store Gasoline and Diesel
Attorney Cliff Elias represented Edgewood Retirement Community and requested approval for a license
to store gasoline in the parking garages located under two buildings. A license is required when gasoline
and diesel are stored and used in locations where there are more than three vehicles. Fire Chief William
Dolan recommended approval.
William Duffy made a MOTION,seconded by Keith Mitchell,to approve a license for Edge-wood
Retirement Community to store and use gasoline and diesel in the parking garages under Buildings 2000
and 3000. Vote approved 5—0.
Board of Selectmen Minutes January 10,2000 Page 2
James Xenakis made a MOTION, seconded by Keith Mitchell to move out of Licensing. Vote approved
5-0.
OLD BUSINESS
FireDept./Police
ie➢i Partnerships—Automatic c DafibrTlla,.,
torP 'am
The Ton Manager the Board that the operating arrangement
between the Fire and Police
Depts. will ensure that all emergency medical personnel operate the same equipment with the same
training with the same protocols.He added that the Fire Chief has dedicated Fire Dept.personnel to
conduct the training of Police personnel on proper use and maintenance of the equipment. The training,
which has been approved by the State Office of Emergency Services,will take place from January 18"'to
January 241',and the defibrillators will be deployed in the Police cruisers no later than January 241'.
Also,a formal letter was sent to IBPO negotiator, Dick Anderson, confirming that he has agreed to the
deployment of the equipment on January 24`h
Status Re ort—Greater Lawrence Sanitata District Permits and Host Community Issues
The Town Manager advised the Board that there is a still an ongoing dispute between the Town and the
Greater Lawrence Sanitary District over the permitting process to be used for significant capital
improvements by both the district and the New England Fertilizer Company. Although the Dept. of
Public Safety reversed their earlier opinion and the district must now apply for a local building permit
through the local building commissioner,their attorney filed an opinion with the district urging them to
request reconsideration from the Dept. of Public Safety. He added that 98 industrially zoned acres is
currently removed from our tax rolls and the Town is losing approximately$275.OK per year in tax
revenues.
Special Town Meeting--Motions and Recommendations
The Town Manager told the Board that the Town Moderator has requested that Bond Counsel clarify the
language in Article 1 regarding the site designation of the high school,and that it should specify that the
expenditure is carried out under the jurisdiction of the School Building Committee,
NEW BUSINESS:
Status of FY2001 Operating Budget
The Town Manager informed the Board that the department requests are being brought down to the target
amounts which are necessary to comply with the Board of Selectmen's Budget Policy Statement limiting
the amount of new revenue to just over 3%. There will be a presentation to the Board next week.
Capital Improvement Plan - FY2001 through FY2005
The Town Manager presented his yearly 5-year Capital Improvement Plan, which is intended to schedule
major projects exceeding$25.OK with a life expectancy in excess of five years. He reviewed the goals
and strategic direction for the town with the effort this year in trying to provide some direction for how
the Town should deal with that portion of the capital plan which is not excluded from Proposition 2 '/z.
The primary goal is to spend between 2 and 4%($934.OK to$1.868M) of the$46.7M in net taxable
revenues and limit its net tax supported principal and interest payments to 4 to 6%($1.8M to$2.8M)of
its net taxable revenues.
He next reviewed the directly appropriated capital items. These items as well as a$500.OK appropriation
to the Stabilization Fund would total spending$1,192.OM of net taxable revenues in the first year of this
capital plan. In the following years,there is an attempt to catch up on deferred maintenance and spend
$1,117.OM in net taxable revenues. The Town Manager also stated that he has rescheduled the
Board of Selectmen Minutes January 10,2000 Page 3
department's capital items by delaying some of the requests to FY2002 and FY2003 in order to even out
the cash flow. Raise and appropriated items in FY2001 would be just over$1.0M.
The debt excluded portion includes a$58AM high school,a$12.6M public safety complex(FY2002
—2004),a$2.7M out-country fire station(FY2002-2003), and a$4.OM Town Office expansion(FY2002
—2004). Eventual consideration of an clementary school on Foster Street,and the roadway water and
sewer improvements would bring total P &I payments on all debt to about$12M per year, About$5M
of which by FY2005 would be reimbursed under the school building assistance program.
He emphasized that the Board needs to decide which of two payment plans they wish to deploy. The
Equal Principal Payment plan(principal is divided by 20 years)or the Level Annual Payment Plan(both
principal and interest are divided by 20 years). Level Annual Payments means over the life of the loan
there is more interest and there is more principal on the books for a longer period of time. Other school
debts are on the Level Annual Payment Plan. There are some questions about how Fleet calculated the
SBAB reimbursement
He also reminded the Board that it has 30 days to consider the Capital Budget, and it has the opportunity
to consider after the year 2001 how to best take advantage of an approximate$500.OK reduction of
principal and interest. Part of this program to take some of this reduction and program it as scheduled
replacement of fixed assets to improve our capability to do capital through the operating budget.
Plans for Establishin a Conference Center Enterprise Fund
The Town Manager explained that an Enterprise Fund is authorized under state law for those operations
which the Torn undertakes which are in the nature of being a business and which should be accounted
for separate from the governmental accounting system of the Town. The Stevens Estate total for FY2000
thus far is $119.OK in expenses and$165,OK in revenues. In FY1999,there was a total of $336.OK in
expenditures and$386.OK in revenues. The Department of Revenue feels that we have reached the point
where we should establish an Enterprise Fund for the Conference Center at Stevens Estate.,
ADJOURNMENT:
James Xenakis made a MOTION, seconded by John Leeman,to adjourn the meeting at
9:00 p.m.; vote approved 5 —0,
Carol Ritchie John R. Leeman, Jr., Clerk of the Board
Senior Clerk
i
Board of Selectmen Meeting—April 5. 2004
Chestnut Green Parking.
Attorney Peter Shaheen representing the Chestnut Green owners requested use of a portion of a right of
way for parking purposes to alleviate a chronic lack of space around their buildings. Should the Board
decide to allow this, a Chapter 30B process to lease or sell the property would have to be commenced.
Dr. Frank Coppola, who has an office at Chestnut Green, said that the parking shortage has Increased
and there is a real need for additional parking.
Fire Chief William Dolan said that there is a public safety issue here. At least once or twice a day an
ambulance is needed at this site.
Edward Hamel of 591 Turnpike Street, Craig Burns of 234 Hillside Road, and Rand Beaudoin of 224
Hillside Road opposed the plan for additional parking spaces. They said that there was plenty of parking
spaces for the two original buildings built in 1984. The parking problem arose after the third building was
built, There is a shortage of about 300 hundred parking spaces. Plenty of land was available at the time,
but the developers neglected to purchase the additional land for parking. Neighbors also said that the
developers destroyed 20 years of vegetation growth and took down buffer wall zone in front of their
houses.
James Xenakls made a MOTION, seconded by Rosemary Smedile,to start a thirty-day process for an
RFP on how best to utilize the land for landowners and explore the offering to the Town. Vote approved
4-1. Donald Stewart opposed.
i
I
Board of Selectmen Minutes April 5,2004 4
Article 55. Roadway Acceptance—Country Club Circle,
Article 56. Roadway Acceptance—Delucla Way.
0
Chestnut Green Parking,
Attorney Peter Shaheen representing the Chestnut Green owners requested use of a portion of a right of w
parking purposes to alleviate a chronic lack of space around their buildings. Should the Board decide to all
this, a Chapter 30B process to lease or sell the property would have to be commenced. Dr. Frank Coppola,
has an office at Chestnut Green, said that the parking shortage has Increased and there is a real need for
additional parking.
Fire Chief William Dolan said that there is a public safety issue here. At least once or twice a day an ambulance
is needed at this site.
Edward Hamel of 591 Turnpike Street, Craig Burns of 234 Hillside Road, and Rand Beaudoin of 224 Hillside
Road opposed the plan for additional parking spaces. They said that there was plenty of parking spaces for the
two original buildings built in 1984. The parking problem arose after the third building was built. There is a
shortage of about 300 hundred parking spaces. Plenty of land was available at the time, but the developers
neglected to purchase the additional land for parking. Neighbors also said that the developers destroyed 20
years of vegetation growth and took down buffer wall zone in front of their houses.
James Xenakis made a MOTION, seconded by Rosemary Smedile,to start a thirty-day process for an RFP on
how best to utilize the land for landowners and explore the offering to the Town. Vote approved 4-1. Donald
Stewart opposed.
Old Center Unde[grounding Project.
Town Manager Mark Rees gave a report on the status of this project. Last minute changes were made to keep a
dozen metal utility boxes, some as large as 4'x 6"from dotting the green, Neighbors of the common Including the
North Andover Historical Society, Center Realty Trust and private citizen, Robert D. Stevens have offered to put
the utility boxes on their own property Instead. The boxes are necessary to contain moisture-sensitive switching
equipment and transformers that must remain above ground.
Comcast agreed this week to redesign Its plans within six weeks to place its equipment off the green. The quick
turnaround is critical so workers can finish burying the wires before the state begins major roadway improvements
In the Old Town Center, Massachusetts Electric has already begun changing its designs to keep the equipment
off the common.
CONSENT ITEMS:
Rosemary Smedile made a MOTION, seconded by Mark Caggiano,to approve the request by Katie McGillivray of
the Merrimack Valley Striders to hold the annual 4 h of July road race from 7:00 AM—11:00 AM.
Vote approved 5-0.
Donald Stewart made a MOTION, seconded by James Xenakis,to approve the request by North Andover High
Girls Varsity Lacrosse Team to hold a fundraiser car wash at the Youth Center Parking lot on Sunday,April 25th
from 12:00 noon—3:00 PM. Vote approved 5-0.
LICENSING COMMISSIONERS:
Mark Cagglano made a MOTION,seconded by James Xenakis, to move Into Licensing. Vote approved 5-0.
James Xenakis made a MOTION,seconded by Rosemary Smedile,to approve the following one-day licenses.
Vote approved 5-0.
Laurie Fennelly, Stevens Estate, 723 Osgood Street, requests the following one-day licenses.
Comedy Theatre, Saturday,April 17, 2004, 6:45 PM—10:45 PM, full bar license.
MVCC Mixer, Joseph Bevilaqua, Tuesday,April 20, 2004, 5:00 PM—7:00 PM,full bar license.
Mandeville Wedding Reception, Saturday.April 24, 2004, 5:30 PM— 10:30 PM, full bar license.
City Solicitors &Town Counsel Asse., James Lampke, Wednesday, April 28, 2004, 6:00 PM- 9:00 PM,full bar
license.
Wendy Wakeman made a MOTION, seconded by Rosemary Smedile,to approve the following one-day license.
Vote approved 5-0.
Board of Selectmen Minutes April 5, 2004 3
Vote approved 5-0,
Article 28. Petition General Court-Amend Town Charter 2 Section 4-Warrants.
Mark Caggiano made a MOTION,seconded by James Xenakis, that one member of the Board of Health should
be a physician of Massachusetts appointed by the Board of Selectmen. Vote failed 2-3. Rosemary Smedile,
Donald Stewart, and Wendy Wakeman opposed.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to recommend Favorable Action. Vote
approved 4-1. Mark Caggiano opposed.
Article 29. Petition General Court-Amend Town Charter-Board of Health Members-Ch. 7-8-1.
James Xenakis made a MOTION, seconded by Rosemary Smedile,to recommend Favorable Action.
Vote approved 5-0.
Article 30. Accept Provision Chapter 137 S.1 Acts of 2003-Public Employees in Armed Services.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to recommend Favorable Action.
Vote approved 5-0.
Article 31. Accept Provisions MGL Chapter 41 Section 100B-indemnify Police and Fire.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to recommend Favorable Action. After
discussion he WITHDREW his MOTION.
The Board did not make a recommendation at this time.
Article 32. Amend Chapter 115 Section 5 of the Town Code Refuse Restricted Activity.
The Board did not make a recommendation at this time.
Article 33. Petition the Legislature-Amend Charter Chapter 2-Citizen Participation Mechanisms.
Donald Stewart made a MOTION, seconded by James Xenakis,to recommend Favorable Action.
Vote approved 5-0.
Article 34. Amend Chapter 170-Underground Utilities-Section 3 Paragraph D.
James Xenakis made a MOTION, seconded by Donald Stewart, to recommend Favorable Action.
Vote approved 5-0.
Article 35. Petition General Court--Mass Electric Utility Easement-Drummond Playground.
James Xenakis made a MOTION, seconded by Donald Stewart, to recommend Favorable Action.
Vote approved 5-0.
Article 36. Petition General Court-Mass Electric and Comeast Utility Easement-Town Common Area.
The Board did not make a recommendation at this time.
Article 37. Accept a Plan for the Town of North Andover by David_C._Rand_and Others.
Article 38. Amend Zoning Bylaw-Phased Development Section 4.2.
Article 39. Amend Zoning Bylaw Delete Section 8.7--Growth Management.
Article 40. Amend Zoning Bylaw Sections 4.122.14.
Article 41. Amend Zoning Bylaw Sects 9,3,9.3A.93B-Special Permit in R4.
Article 42. Amend Zoning Bylaw New Section 4.3 Section 4.3 Res Adaptive Re-Use Sp. Permit.
Article 43. Amend Zoning Bylaw Section 4.137 Delete and Replace with FEMA Language.
Article 44. Amend Zoning Bylaw-Add New Section Planned Commercial Development.
Article 45. Amend zoning Bylaw-Section 3 Zoning Districts--Amend Table 1 and 2.
Article 46. Amend Zoning Map Parcels Fronting Wavedey Road and Turnpike Street.
Article 47. Amend Zoning Map Parcels Fronting Waverley Road and Turnpike Street.
Article 48. Amend Zoning Map 1060 Osgood Street Map 25 Parcel 29 from 12 to to B2.
Article 49. Roadway Acquisition-Coachmans Ln., Concord St., Easy St. Highland View Ave.
Morningside Ln., Russett Ln.
Article 50. Roadway Acceptance-Foxwocd Drive and Weyland Circle,
Article 51. Roadway Acceptance-Avery Park Drive.
Article 52. Roadway Acceptance-Stonewedge Circle,
Article 53. Roadway Acceptance--Webster Woods Lane.
Article 54. Acceptance of Fee Title--Layouts for Webster Woods, Avery Park, and Stonewedge.
i
Board of Selectmen Minutes April 5, 2004 2
The Board did not make a recommendation at this time.
Article 12. Water Enterprise Fund Appropriation Fiscal Year 2005.
Article 13. Sewer Enterprise Fund Appropriation Fiscal Year 2005,
article 14 Stevens Estate Enterprise_Fund Appropriation Fiscal Year 2005,
Rosemary Smedile made a MOTION, seconded by Donald Stewart,to recommend Favorable Action.
Vote approved 5-0.
Article 15. Establishment of Revolvinq Funds.
Mark Caggiano made a MOTION,seconded by Donald Stewart, to recommend Favorable Action.
Vote approved 5-0.
Article 16. Appropriation of Funds for Securing Veterans and Indigent Lots from Ridgewood Cemete .
The Board did not make a recommendation at this time.
Article 17 Report and Recommendations of Community Preservation_Committee,
Article 18. Acquisition of Land—Community Preservation Committee Half Mile Hill Summit.
Article 19. Acquisition of Land--Lake Front Property Great Pond Road Adjacent to Water Treatment Plant,
Rosemary Smedile made a MOTION, seconded by Donald Stewart,to recommend Unfavorable Action.
Vote approved 5-0,
Article 20. Amend Section 8.8—Adult Use Zone.
Due to the length of the submitted Ercolini article,Town Counsel provided options of what parts to include in the
Town Meeting Warrant.
Rosemary Smedile made a MOTION of inserting a summary attachment"A" page 4 by Town Counsel,the host
community agreement and reference that other options would be available to view at the Town Clerk's office.
Mark Caggiano substituted a MOTION, seconded by James Xenakis, to Include the entire article as submitted,
excluding the Mintz Levin letter and references to the Town Charter. Vote approved 3-1-1. Rosemary Smedile
opposed and Donald Stewart abstained.
The Board did not make a recommendation at this time.
Article 21. Proposed Trash Transfer Facility Agreement.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile,to recommend Unfavorable Action.
Vote approved 5-0,
Article 22, Planning Board Study Land North of Route 125 and Sutton Street.
The Board did not make a recommendation at this time.
Article 23. Tax Increment Financing Plan—1600 Osgood Street—Former Lucent.
Donald Stewart made a MOTION, seconded by Mark Caggiano,to recommend Unfavorable Action,
Vote approved 5-0.
rticle 24. Petition the General Court—Change the Name of North Andover.
Mark Caggiano made a MOTION,seconded by Rosemary Smedile,to recommend Favorable Action.
Vote approved 5-0.
Article 25 Establish Committee to Develop Revenue Fixed Expense Projections Annual Operating Budd
James Xenakis made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action.
Vote approved 5-0.
Article 26, Amend Chapter 59—Code of North Andover—Budget Presentation.
Mark Cagglano made a MOTION, seconded by Donald Stewart, to recommend Favorable Action.
Vote approved 5-0.
Article 27 Petition General Court—Amend Town Charter--Chapter 2 Section 2 Warrants,
Donald Stewart made a MOTION, seconded by Mark Caggiano, to recommend Favorable Action.
BOARD OF SELECTMEN MINUTES APRIL 6, 2004
CALL TO ORDER: Wendy D. Wakeman called the meeting to order at 7:00 PM at the Steven's Memorial
Library.
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 and
Thomas Urbells, Town Counsel.
EXECUTIVE SESSION:
Rosemary Smedile made a MOTION, seconded by Mark Caggiano,to move into Executive Session to discuss
Collective Bargaining. Vote approved 5-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
The Town Manager said that three new DPW trucks were on display outside the library: a street sweeper, dump
truck and front-end loader.
Chairman Wakeman congratulated Rosemary Smedile on winning re-election to the Board.
Fire Chief William Dolan informed the Board of the flood-relief response of Fire Fighters, Department of Public
Works and Emergency Management team, because of the heavy rains on April 1, 2004, there maybe state money
available for damages to property and roads.
OLD BUSINESS:
Preparation for Annual Town Meeting,
The Board made their recommendations of the warrant articles for the Annual Town Meeting.
James Xenakis made a MOTION,seconded by Rosemary Smedile,to recommend Favorable Action.
Vote approved 5-0,
Article 1. Reports of Recei is Ex enditures and Special Committees.
Rosemary Smedile made a MOTION, seconded by James Xenakis, to recommend Favorable Action.
Vote approved 5-0.
article 2. _Consent Article- Contracts in excess„of 3 years, accept and grant easements
The Board did not make a recommendation at this time.
Article 3. Amend General Fund Appropriation— Fiscal Year 2004,
Article 4._Amend Capital Improvement Appropriatlon—Fiscal Year 2004.
Article 5. Amend Water Enterprise Fund Appropriation--Fiscal Year 2004.
Article 6. Amend Sewer Enterprise Fund ARPropriation—Fiscal Year 2004.
Article 7. Amend Stevens Estate at Osgood Hill Enterprise Fund Appropriation Fiscal,Year 2004
Article 8. Prior Year Unpaid Bills,
Donald Stewart made a Motion, seconded by James Xenakis,to recommend Favorable Action.
Vote approved 5-0.
Article 9. Compensation of Elected Officials.
Rosemary Smedile made a MOTION, seconded by Donald Stewart,to approve the recommendation by the
Finance Committee and to recommend Favorable Action. Vote approved 5-0.
Article 10. General Fund Appropriation Fiscal Year 2005.
Rosemary Smedile made a MOTION, seconded by James Xenakis,to recommend Favorable Action.
Vote approved 5-0.
Article 11._Capital Improvement Plan Appropriation Fiscal Year 2005.
J
Board of Selectmen Minutes April 5, 2004 ,
Gina Arnano,Wind Rush Farm Therapeutic Equitation Inc., requests a one-day license.
Farm Day/Community Barn Party, Saturday, May 1, 2004, 7:00 PM—10:00 PM,wine&malt beverages.
Wendy Wakeman made a MOTION, seconded by James Xenakis,to move out of Licensing. Vote approved 5-0.
Bond Authorization: $6.6 million refinancln .
As approved at the Board of Selectmen February 14, 2004 meeting,the Town has refinanced $6.45 million of
general obligation bonds dated January 15, 1997 and maturing on January 2008 through 2016. The net interest
cost on the refinanced 1997 debt fell from 5.5%to 3.32%. The net present value savings of the refunding is
$164,580.
The members of the Board signed the Bonds and related closing documents.
Moody's and Standard & Poors have upgraded the Town's bond rating as a result of the credit review prior to this
refunding. S&P upgraded our A rating from stable to positive outlook and Moody's upgraded our outstanding
rating from A2 to Al, reflecting the belief that the Town's financial position has strengthened and will likely further
Improve.
NEW BUSINESS:
Restoration of Lottery Funds,
The Massachusetts Municipal Association is asking municipalities in Massachusetts to join in their campaign to
request the state to begin the process of reducing the diversion of lottery funds for non-Total government
purposes.
Donald Stewart made a MOTION, seconded by Rosemary Smedile,to join in the campaign of restoration of
Lottery Funds as requested by the Massachusetts Municipal Association. Vote approved 5-0.
Mission Statement.
On April 8, 2004,Town division and department directors will participate in one of two training sessions on setting
objectives for FY05. The Town Manager asked the Board to adopt his proposed Mission Statement.
TOWN MANAGER'S REPORT:
The Department of Public Works has begun the process of cutting over the pump system to Improve water
pressure to the Sutton Hill area of the Town. Notices have been distributed to affected residents explaining that
this will be a gradual process that will commence on April 5, 2004 and continue through May 28,2004.
Construction will commence on the final phase of the installation on sewers in the water shed. This portion of the
project, costing $697,000 will extend sewers to portions of Salem Street, Johnson Street,Appleton Street and
Anne Road. Construction will begin on Monday, May 5, 2004, that will necessitate the imposition of detours on
Town roads.
ADJOURNMENT:
Mark Cagglano made a MOTION, seconded by Rosemary Smedile,to adjourn the meeting at 10:2013M. Vote
approved 5-0.
Adele J.Johnson
Administrative Secretary
Rosemary Connelly Smedile, Clerk of the Board
BOARD OF SELECTMEN MINUTES JUNE 29, 2009
CALL TO ORDER: Chairman Rosemary Connelly Smedile called the meeting to order at 7:00 PM at
Town Hall Meeting Room,
PLEDGE OF ALLEGIANCE
ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; Tracy M.Watson,
Clerk; Richard A. Nardella, Licensing Chairman;William F. Gordon; Daniel P. Lanen; Mark Rees, Town
Manager; Ray Santini,Assistant Town Manager,
EXECUTIVE SESSION:
William Gordon made a MOTION, seconded by Daniel Lanen, to move into Executive Session to discuss
Collective Bargaining. Vote approved 5-0.
COMMUNICATIONS, ANNOUNCEMENTS,AND PUBLIC COMMENT:
Approval of Minutes
Tracy Watson made a MOTION,seconded by Richard Nardella,to approve the Open Session Minutes as
written for June 1, 2009,June 15, 2009. Vote approved 5-0.
Tracy Watson made a MOTION, seconded by Richard Nardella,to approve the Executive Session
Minutes as written for June 1, 2009, June 15, 2009 and as Amended for April 27, 2009, Vote approved 4-
0-1. Daniel Lanen abstained.
Note: Daniel Lanen recused
Appointment of Acting Police Sergeant
The Town Manager requested that the Board of Selectmen approve his appointment of Officer Jay S.
Slaude as temporary Acting Police Sergeant effective Sunday, July 5, 2009.
William Gordon made a MOTION, seconded by Richard Nardella,to approve the Town Manager's
appointment of Officer Jay S, Staude as temporary Acting Police Sergeant effective Sunday, July 5, 2009.
Vote approved 3-0-1. Rosemary Smedile abstained.
Note: Daniel Lanen returned
Appointment of Consolidated IT Director
The Town Manager Mark Rees and School Superintendent James Marini recommended appointing
Matthew Killen for the consolidated position of Information Technology Director. The Board of Selectmen
was asked to approve the appointment.
Tracy Watson made a MOTION, seconded by William Gordon, to approve Matthew Killen for the
consolidated position of Information Technology Director. Vote approved 5-0.
Town Manager's Appointments
The Town Manager Mark Rees recommended the following appointments and requested the Board of
Selectmen's approval.
Committee Name Address Term Expires
Assessors Board David J.Min€cuccl 340 Johnson St. 1 year June 30,2010
Assessors Board Ernest Jones 371 Pleasant St. 1 year June 30,2010
Assessors Board George Barker 1267 Osgood St. 1 year June 30,2010
Health,Board Thomas Trowbridge 109 Blueberry Hill Ln 3 years June 30,2012
Planning Board Courtney LaVolpicelo 20 Ferncroft Circle 1 year June 30,2010
Planning Board Timothy Siebert 65 Elm St. 3 years June 30,2012
Planning Board John Simons 25 Ironwood Rd, 3 years June 30,2012
Planning Board Assoc. Michael Cofantonl Christian Way 4 years June 30,20112
Board of Selectmen Minutes June 29, 2009 2
Daniel Lanen made a MOTION, seconded by Tracy Watson, to approve the appointments by the Town
Manager as listed above. Vote approved 5-0.
Board of Selectmen Appointments
The Appointment subcommittee consisting of Selectmen Smedile,Watson and Town Manager Mark Rees
completed interviews for town boards and are recommending the following appointments to be approved
by the Board of Selectmen.
Committee Name Address Term Expires
Cable TV Committee Hafetz, Leonard I. 45 Hitching Post Road 3 years June 30,2012
Cable TV Committee Falgen,Ronn R. 110 Fuller Road 3 years June 30,2012
CPA Coppa, Thomas P. 102 Lacy Street 3 years June 30,201[2
Conservation Commission Feltovlc, Deborah 180 Chickering Rd.,Unit 312 3 years June 30,2012
Conservation Commission McDonough, Sean F. 20 Anvil Circle 3 years June 30,2012
Constable Cain,Jr., Richard D. 60 Herrick Road 3 years June 30,2012
Council on Aging Movsesian, Albert 369 Great Pond Road 3 years June 30,2012
Council on Aging Rosati, Maria 148 Sandra Lane 3 years June 30,2012
Cultural Council Kline, Karen M. 55 Cricket Lane 3 years June 30,2012
Cultural Council Choi, Anna 70 Maple Ave. 3 years June 30,2012
Disability Issues, Stewart, Donald 52 Prospect Street 3 years June 30,2012
Disability Issues, Murphy, Nancy D. 19A Bingham Way 3 years June 30,2012
Disability Issues,New Appt Smith,Joe E. 18 Edgelawn Ave. 3 years June 30,2012
Emergency Management Coco,Jeffrey 695 Johnson Street 1 year June 30,2010
Emergency Management Scanlon, Robert 510 Osgood Street 1 year June 30,2010
Emergency Management Dushame, Frank 18 Lexington Street 1 year June 30,2010
Emergency Management Shaughnessy, Richard T. 15 Wiley Court 1 year June 30,2010
Emergency Management Savastano, John 287 Mass.Ave. 1 year June 30,2010
Emergency Management Hamel, Nell 3 Fernwood Way,Atkinson 1 year June 30,2010
Emergency Management Albrecht, Robert 20 Hodges Street 1 year June 30,2010
Emergency Management Langlois, Carl 66 Saunders Street 1 year June 30,2010
Emergency Management Lincoln, Connor 73 Georgetown Rd. Boxford, 1 year June 30,2010
Emergency Management Renner, Melynda 18 Norman(toad 1 year June 30,2010
Emergency Management Martineau, William 124 Main Street 1 year June 30,2010
Emergency Management Dolan, William V, 12 Bacon Ave. 1 year June 30,2010
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Board of Selectmen Minutes June 29, 2009 3
Committee Name Address Term Expires
Emergency Management Stanley, Richard M, 666 Main Street 1 year June 30,2010
Emergency Mgmt,-Com Tessler, Steven 308 Campbell Road 1 year June 30,2010
Emergency Mgmt.-Com Hastings, William 275 Date Street 1 year June 30,2010
Emergency Mgmt.-Com McDonald, Timothy 180 Hickory Hill Road 1 year June 30,2010
Emergency Mgmt.-Aux/Sp. Police Boettcher, Richard 80 Bradford St. 1 year June 30,2010
Emergency Mgmt.-Aux/Sp. Police MacLean,Raymond 342 Waverley Road 1 year June 30,2010
Emergency Mgmt.-Aux/Sp.Police Morava,Brett 15 Mercury Terrace,Haverhill, 1 year June 30,2010
Emergency Mgmt.-Aux/Sp.Police Laurendeau,Gary A. 13 Belmont Street 1 year June 30,2010
Emergency Mgmt.-Aux/Sp.Police Binaghl,Renzo 11 Bluff Street,Salem 1 year June 30,2010
Emergency Mgmt. New Appt. Boudreau,David 165 Greene Street 1 year June 30,2010
Festival Committee Nadeau, Elisabeth 95 Winter Street 1 year June 30,2010
Festival Committee Chabot, Leo 64 Kingston Street 1 year June 30,2010
Festival Committee Notin, Dorothy 187 Turnpike Street 1 year June 30,2010
Festival Committee Hamel, Nell 3 Fernwood Way, Atkinson, 1 year June 30,2010
Festival Committee Heafey, Joan 7 Peters St. 1 year June 30,2010
Festival Committee Connolly, James 210 Bear Hill Road 1 year June 30,2010
Festival Committee Coco, Sharon 695A Johnson Street 1 year June 30,2010
Festival Committee Polrler, Pamela 24 Saltonstall Road 1 year June 30,2010
Festival Committee Pelletier, Philip 18 East Water St. 1 year June 30,2010
Festival Committee Pristash, Leanna 60 Highwood Way 1 year June 30,2010
Festival Committee Terranova, Frank 61 Brentwood Circle 1 year June 30,2010
Festival Committee Pazzanesse, Pristene 30 Red Maple Road, Haverhill 1 year June 30,2010
Festival Committee Lacolia, Pam 497 Foster Street 1 year June 30,2010
Festival Committee King, Will Main St, Hdwre 136 Main St, 1 year June 30,2010
Festival Committee Koenig, Gen 1476 Salem St. 1 year June 30,2010
Festival Committee Coco, Jeff 695A Johnson St. 1 year June 30,2010
Festival Committee Dawson, Cathy 134 So.Bradford St. 1 year June 30,2010
Festival Committee Salisbury, Martha 301 Johnson Street 1 year June 30,2010
Festival Committee Fazio, James 34 Fernwood Street 1 year June 30,2010
Board of Selectmen Minutes June 29, 2009 4
Committee Name Address Term Expires
Festival Committee Soucy, Fred 6 Greenhill Ave. 1 year June 30,2010
Festival Committee Murphy, William 57 Winthrop Ave., Lawrence 1 year June 30,2010
Festival Committee, Dolan, William 12 Bacon Ave. 1 year June 30,2010
G.L.S.D.Board of Com Degnan, Leonard J. 54 Sylvan Terrace 3 years June 30,2012
Historical Commission Szyska, Kathleen 201 Osgood Street 3 years June 30,2012
Historical Commission Long, Patricia 29 Rosedale Ave. 3 years June 30,2012
Housing Trust Fund(Trust Simons, John 25 Ironwood Road 2 years June 30,2011
Housing Trust Fund/Trust Rees, Mark Town Hall, 120 Main St. 2 years June 30,2011
Neighborhood Cons.Dist. Williams, Janice 88 Elm Street 3 years June 30,2012
!Neighborhood Cons.Dist., Aznolan, Harry 168 Osgood Street 3 years June 30,2012
Old Center Historic Dist Larson, Martha 440 Osgood Street 3 years June 30,2012
Old Center Histor€c Dist Schruende,George 73 Chickering Rd. 3 years June 30,2012
Registrars or Voters/Bd. Leeman, Elizabeth M. 21 Sawyer Road 3 years June 30,2012
Stevens Estate/Board DeGalla,Deborah 43 Meadow Lane 3 years June 30,2012
Veterans'Services/Director Mitchell, Edward V. Town Hail, 120 Main Street 3 years June 30,2012
Zoning Board of Appeals Manzi,III, Albert P. 10 Foster Street 3 years June 30,2012
Zoning Board of Appeals Byers, Richard J. 97 Forest Street 3 years June 30,2012
Zoning Board of Appeals Liporto, Michael P. 74 Heath Road 3 years June 30,2012
Audit Committee/New AppL Sullivan,Kevin 5 W.Woodbridge Road
Eco. DevelopmUNew Appt. Marroni,Mark J. 80 Holly Ridge Road
Eco.DevelopmtNew Appt, Holt,William Millpond
Eoo. DevelopmUNew Appt, Faigen, Ronn R. 110 Fuller Road
Tracy Watson made a MOTION, seconded by Richard Nardella,to approve the reappointments and new
appointments above with the exception of Kevin Sullivan on the Audit Committee. Vote approved 5-0.
AAA Award to Police Department for promoting community_safety
The North Andover Police Department was one of three Merrimack Valley Departments presented an
Award by the AAA recognizing the department for outstanding efforts in promoting community safety.
Public Comment
Robert Ford spoke about the Rotary Youth Exchange Program that offers teenage student around the
world the opportunity for supervised international travel and study. North Andover participates in the
program and currently schedule for 14 students to go to various countries. The Rotary Club is also
seeking North Andover families to host foreign students as well. For more information contact Bob Ford
at rpf@fordlaw.net or 978-681-0066.
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Board of Selectmen Minutes June 29, 2009 5
CONSENT ITEMS:
Permission to Fill Vacancy: Fir Fighter/EMT
The Fire Department requested permission to fill a full-time firefighter vacancy that has been vacant since
October 2008 due to a retirement.
Richard Nardella made a MOTION, seconded by Tracy Watson, to approve hiring a full-time firefighter to
fill the vacancy. Vote approved 5-0.
Acceptance of Donations: Summer Programs
The Board was asked to accept three donations for the Summer Band Concerts and Children`s Shows.
Knights of Columbus, $100.00; Wheelabrator North Andover$2,000.00: and North Andover Booster Club
$500.00.
Richard Nardella made a MOTION, seconded by Tracy Watson, to accept the donations. Vote approved
5-0.
Acceptance of Grants—Dispatcher Emergency Medical Training
The Police Department has received a grant of$10,203.00 to train Dispatchers on how to provide medical
advice to 911 callers while waiting for emergency responders to arrive on the scene. The Board is asked
to accept this grant money.
Tracy Watson made a MOTION, seconded by Richard Nardella,to accept the grant of$10,203.00 for
Dispatchers, Vote approved 5-0.
Acceptance of Grant—Fire Department Equipment
The Fire Department has received a grant of$2,500 from F.M. Global to acquire a laptop computer for
Engine 2. The Board is asked to accept this grant money.
Richard Nardella made a MOTION,seconded by Tracy Watson, to accept the grant of$2,500.00 for the
Fire Department, Vote approved 5-0.
Two Year Election/Town Meeting Schedule
The Town Clerk Joyce Bradshaw requested the that the Board consider setting town meetings and
elections for two years to provide for longer term planning and coordination. Town Clerk Bradshaw
recommended setting Tuesday, May 11, 2010 and Tuesday May 10, 2011 forthe Annual Town Meetings.
The Annual Town Election dates are set by charter as the last Tuesday in March and will be Tuesday,
March 30, 2010 and Tuesday March 29, 2011. Polls open from 7:00 a.m. -8:00 p.m. at North Andover
High School,
The State Primary is scheduled for Tuesday, September 14, 2010 polls open from 7:00 a.m.—8:00 p.m.
at North Andover High School.
The State Election Is Tuesday, November 2, 2010 and polls open from 6:00 a.m. —8:00 p.m. at North
Andover High School,
Richard Nardella made a MOTION, seconded by Tracy Watson, to set the dates as recommended by the
Town Clerk. Vote approved 5-0.
Municipal Hearing Officer pursuant to MGL., 148A
This law was adopted after the Station Fire in Rhode Island which killed 100 people and requires that
places of assembly depending on their capacity be equipped with sprinkler systems. The law also
provides for an appeal process to a municipal hearing officer. Recognizing the Infrequency of appeals,
the Essex County Fire Chief's Association has stepped forward to offer their services as a regional
hearing officer.
The Board is asked to approve the Essex County Fire Chief's Association to provide a Hearing Officer as
outlined in MGL 148A.
Board of Selectmen Minutes June 29, 2009 6
Tracy Watson made a MOTION, seconded by Daniel Lanen, to approve the Essex County Fire Chief's
Association to provide a Hearing Officer as outlined in MGL 148A. Vote approved 5-0.
Permission for Shuttle Bus Parking 20-22 Johnson Street
The Festival Committee requested permission to designate the parking spaces In front of 20-22 Johnson
Street as a non-parking area on the 4th of July. This area will be used as the drop-off and pickup for the
free Shuttle Bus service for anyone attending the events on the Common.
Tracy Watson made a MOTION, seconded by William Gordon, to approve the designated area in front of
20-22 Johnson Street for the Shuttle sus. Vote approved 5-0.
William Gordon made a MOTION, seconded by Richard Nardella,to move into Licensing. Vote approved
5-0.
LICENSING:
Request to revise conditions for One Day Wine and Malt License, VFW.Ott'of July Event
The VFW is requesting two modifications to the license that was granted last week. One is to lower the
insurance requirement from$5 million to$3 million and to expand the size of the temporary enclosure
where alcohol can be served. In addition the Ott' of July organizing committee is requesting some no-
parking zones around the common.
Rosemary Smedile made a MOTION, seconded by Daniel Lanen, to approve the insurance requirement
from $5 million to $3 million and to expand the size of the temporary enclosure where alcohol can be
served and to establish no-parking zones around the common. Vote approved 5-0.
Request to Transfer Liquor License: Messina's Market to Tutto Bene
Messina's Market, Inc. dba Messina's Liquors is requesting a transfer of owners. This transfer is a
reorganization of the business with the number of owners being reduced from six individuals to two. The
new owners are Tina Messina and Salvatore Messina. The Board is asked to approve.
Daniel Lanen made a MOTION, seconded by William Gordon, to approve the transfer of owners of
Messina's Market, Inc. dba Messina's Liquors. Vote approved 5-0.
Request for One Day Liquor License for Knights of Columbus Fundraising Event on August 1,2009
The Knights of Columbus is requesting a one-day liquor license for a fundraising event for the
Handicapped Children's Fund to be held on the field ground of the Knights of Columbus at 505 Sutton
Street on Saturday,August 1, 2009, from 12:00 noon until 7:00 p.m.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to approve the one-day liquor license
fundralser event for the Handicapped Children's Fund to be held on the field ground of the Knights of
Columbus at 505 Sutton Street on Saturday, August 1, 2009,from 12:00 noon until 7:00 p.m. Vote
approved 5-0.
Tracy Watson made a MOTION, seconded by Rosemary Smedile, to move out of licensing. Vote
approved 5-0.
OLD BUSINESS:
FYI Budget, State Aid U date
The Town Manager gave the Board a spreadsheet showing the changes In state aid for North Andover
based o the FY10 state budget approved by the legislature and which is pending before the Governor. A
summary sheet highlighted the major components of the budget impacting local governments.
Water and Sewer Rates for FYI
The DPW Director Bruce Thibodeau gave an updated summary of the Water and Sewer Rates since the
Board's last meeting on June 15, 2009. The estimated consumption will continue to go down from
existing consumption by between 2 and 3%. As a result of these changes the average combined water
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Board of Selectmen Minutes June 29, 2009 7
and sewer bill will Increase by 15.1% compared to 16.2% as was previously presented. The impact on
the average water bill would be about$36 per quarter.
The Board requested setting up a workshop meeting to go over the rates before the Board votes at their
next meeting on July 13, 2009.
Utility Easement Agreement for Pre-School Facility
The Town of North Andover is currently in negotiations with National Grid regarding an easement
agreement for overhead and underground systems connecting Chickering Road, Phillip Brook Road and
Massachusetts Avenue for the Pre-School facility being built.
The Board Is requested to approve and sign this utility easement agreement.
Daniel Lanen made a MOTION,seconded by Tracy Watson, to approve and sign the utility easement
agreement as presented. Vote approved 5-0.
Town Common Use/Display„Policy
Now that the Town Common has been renovated the Town Manager presented a draft of a policy for
"Rules and Orders Regulating the Use of the Town Common" by non-town related groups and Individuals.
This would serve as guidelines for groups and individuals and Its intention Is to preserve the Common
grounds.
There were many Individuals who voiced their opinions with additional Ideas with more specific
information.
The Board suggested that the Town Manager gather more information and this would be brought up at
the next meeting.
Richard Nardella made a MOTION, seconded by Tracy Watson, to TABLE this to their next meeting on
July 13, 2009.
NEW BUSINESS:
Note: William Gordon and Rosemary Smedile recused and the gavel was passed to Tracy Watson as
Acting Chair.
Reguest to Hire Special Counsel: Zoning Board of Appeals
The Zoning Board of Appeals requested permission to hire special counsel to assist them In hearing the
appeal of the building inspector's decision to Issue a building permit for a wireless facility in the Trinitarian
Church.
Neighbors of the Trinitarian Congregational Church have flied an appeal of a building permit for a wireless
facility in the Elm Street Church's steeple. They're asking the ZBA to throw out the building permit
arguing that Metro PCS should not have a building permit for the antennas since it violates the town's
zoning law. Neighbors say that according to the wireless bylaw, the wireless facilities cannot be placed
within 600 feet of schools and houses. The Building Inspector, on the other hand, says the bylaw only
calls for a 50 foot setback when antennas are placed in a pre-existing structure. He says the church is a
pre-existing structure. Neighbors contend that pre-existing structures only refers to pre-existing wireless
facilities.
Zoning Board Chairman Albert Manzi said It's a sensitive Issue, and after opening the hearing this month,
members felt they needed an attorney to advise them. They did not feel comfortable using the Town
Counsel Thomas Urbells since he advised the Building Inspector and the Planning Board on this issue In
the past, The ZBA will either have to decide whether to uphold the building permit, or to side with the
neighbors' claim that zoning does not permit it; it all comes down to whether members think thee should
be a 600-foot setback. This decision could be going to state or federal court. We want to make sure
everything Is In order, whichever way the Board decides. Attorney Manzi said he wanted to have a
neutral party whether there's an actual conflict of interest or a perceived conflict, they need counsel.
Board of Selectmen Minutes June 29, 2009 8
The Town Manager presented a memorandum with interpretations as to either denying or approving the
request with or without conditions. The ZBA acts in a quasi-judicial capacity as compared to a permit
granting authority where they are charged with interpreting and applying a town bylaw or regulation. In
regards to the latter, access to counsel would seem appropriate since guidance In reading the bylaw
would be helpful in making the final determination. However, in regards to the former,the ZBA plays the
role of a judge who upon hearing presentations from both sides of the issue makes a decision, usually
without the assistance of an attorney to advise them on what decision should be made.
Selectmen Nardella said he could not support money for special counsel, saying the ZBA members
should be able to make the decision themselves with the information in front of them. Why should the
Town spend $5,000 of the Town's money to see if our Building Inspector made the right decision?
Selectmen Lanen said either one way or another there's going to be litigation Involved. He rather gets an
attorney at the beginning to lead the ZBA down the right path.
Selectmen had a lengthy debate whether to give the ZBA the money or not before coming to a vote.
Acting Chair Tracy Watson passed the gavel to Richard Nardella.
Daniel Lanen made a MOTION,seconded by Tracy Watson, to support the ZBA by appointing Special
Counsel Mark Bobrowski and to cap his services to $5,000.00. He would attend meetings of the ZBA as
requested; provide legal and technical review as needed; and prepare, at the instruction of the ZBA, a
decision for filing with the Town Clerk. Vote approved 2-1. Richard Nardella opposed.
Note: William Gordon and Rosemary Smedile returned.
Trash Disposal Contract Extension: Wheelabrator/North Andover
The Town Charter provides that the Town Manager has authority to sign contracts. The Town Manager
said he would like to review this sizable contract with the Board his reasons for why this contract was In
the best interest of the Town prior to his signing it. This was for information purposes only and would not
require a vote from the Board.
Note: William Gordon recused.
Request to Acquire Use of Town Land Chestnut Green
The Town Manager received a request from an attorney representing the Chestnut Green Condominium
Association. The client requested if there was any Interest in either selling or leasing a portion of Hillside
Road that abuts Chestnut Green that has been discontinued and grassed over. The land would be used
only for parking.
The Board was in favor to discussing this issue and the direction of the Board is to move forward with an
RFP for parking on a portion of Hillside Road with conditions.
Note: William Gordon returned.
"Bottle Bill" proposed revisions
The Massachusetts Recycling Coalition requested that the Board consider adopting a resolution In
support of expanding the states Bottle Bill to include non carbonated beverage containers.
Tracy Watson made a MOTION, seconded by Richard Nardella,to adopt a resolution In support of
expanding the states Bottle BIII to include non carbonated beverage containers. Vote approved 5-0.
Board Reorganization
Traditionally on the last meeting of the fiscal year,the Board reorganizes. Positions usually include Chair,
Clerk of the Board, and Chair of the Licensing Commissioners. After the reorganization,the Board was
asked to provide sample signatures for a new signature stamp.
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Board of Selectmen Minutes June 29, 2009 9
William Gordon made a MOTION, seconded by Daniel Lanen,to nominate Tracy Watson as Chairman.
Vote approved 5-0,
Richard Nardelia made a MOTION,seconded by William Gordon,to nominate Daniel Lanen as Vice
Chairman. Vote approved 5-0.
William Gordon made a MOTION, seconded by Daniel Lanen, to nominate Rosemary Smedile as Clerk of
the Board. Vote approved 5-0.
William Gordon made a MOTION, seconded by Daniel Lanen, to nominate Richard Nardella as Chair of
the Licensing Commissioners. Vote approved 5-0.
Daniel Lanen made a MOTION,seconded by Richard Nardelia,to nominate Rosemary Smedile and
William Gordon to the appointments sub-committee. Vote approved 5-0.
The Board provided sample signatures for the new signature stamp.
RETURN TO EXECUTIVE SESSION
The Chair announced that the Board would resume to Executive Session and would not return to Open
Session.
ADJOURNMENT:
Tracy Watson made a MOTION, seconded by William Gordon, to adjourn the meeting at 11,00 p.m. Vote
approved 5-0.
Adele J. Johnson
Administrative Secretary
Rosemary Smedile, Clerk of the Board
i
BOARD OF SELECTMEN MINUTES July 12, 2010
CALL TO ORDER: Chairman Daniel Lanen called the meeting to order at 6:00 PM at Town Hall Meeting
Room.
ATTENDANCE: The following were present: Daniel Lanen, Chairman; Richard Nardella,Vice Chairman;
William F. Gordon, Clerk; Mark Rees, Town Manager; Ray Santilli,Assistant Town Manager.
Note: Tracy Watson and Rosemary Smedile were absent
William Gordon made a MOTION, seconded by Richard Nardella, to move into Executive Session to discuss
Collective Bargaining, Roll Call vote: William Gordon yes, Richard Nardella yes, Daniel Lanen yes, Vote
approved 3-0.
Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the bargaining
position of the Selectmen.
Note: Rosemary Smedile arrived at 6:30 p.m.
PLEDGE OF ALLEGIANCE
The Town Manager announced that there were two changes to the Agenda. Under Communications and
Announcements V-C,the Flower Box Program would be TABLED and In its place would be the Ratification of
two Union Contracts with the Department of Public Works and the Professional Librarians.
APPROVAL OF MINUTES:
William Gordon made a MOTION, seconded by Richard Nardella, to approve the June 21,2010, Open
Session Minutes as written. Vote approved 4-0.
William Gordon made a MOTION, seconded by Rosemary Smedile, to approve the May 24, 2010, Executive
Session Minutes as amended. Vote approved 3-0-1. Daniel Lanen abstained.
William Gordon made a MOTION, seconded by Rosemary Smedile,to approve the June 7,2010, Executive
Session Minutes as amended. Vote approved 3-0-1. Daniel Lanen abstained.
William Gordon made a MOTION, seconded by Rosemary Smedile,to approve the June 21,2010, Executive
Session Minutes as written. Vote approved 4-0.
William Gordon made a MOTION, seconded by Rosemary Smedile,to approve the June 28, 2010, Executive
Session Minutes as written. Vote approved 4-0.
COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT:
Appointments to Emergency Management Agency
Richard Nardella made a MOTION,seconded by Rosemary Smedile,to approve the re-appointments of the
following to the Emergency Management Agency: Vote approved 4-0.
Command Staff: Jeffrey Coco, Director; John Savastano, Deputy Director;
Chief Richard Stanley Co-Dep. Dir., Police Dept. Liaison
Chief Andrew Melnikas, Co-Dep. Dir., Fire Dept. Liaison
Operations Div: Connor Lincoln, Senior Operations Officer; Robert Albrecht,William Dolan,
Frank Dushame, Neil Hamel, Carl Langlois, Melynda Renner, Robert Scanlon,
Richard Shaughnessy, David Boudreau
Communications Div: William Hastings, Timothy McDonald, Steven Tessler
Board of Selectmen Minutes 2
Auxiliary/Special
Police Div: Lt. Richard Boettcher, Sgt. Gary Laurendeau, Renzo Binaghi, Anthony Rossetti,
David Salo€s.
National Night Out:
The North Andover Police Department along with the Neighborhood Cr€me Watch members and the North
Andover Business Association will be hosting National Night Out on Tuesday August 3, 2010 from 6:00--8:00
p.m. at Hayes Stadium North Andover Middle School.
Ratification of Union Contracts
The Town Manager thanked Assistant Town Manager Ray Santilli for his efforts in negotiating these contracts
on behalf of the Board of Selectmen and thanked the two unions DPW and Professional Librarians for their
flexibility recognizing the Town's difficult financial times and should be commended for their willingness to
settle reasonable contracts to avoid layoffs. Selectman Lanen echoed the Manager's comments.
The Town announced that the Board of Selectmen ratified Union Contracts with the Public Works Group and
the Professional Librarians Group. Both of these Unions settled two contracts consisting of a one-year
contract from July 1, 2009 through June 30, 2010 and a three-year contract to be in effect July 1, 2010 through
June 30, 2013.
The wage schedule is as follows: July 1, 2009, 0%,July 1, 2010, 1.5%, July 1, 2011,2.0,July 1,2012, 2.5%.
Health Insurance contribution rates are as follows: July 1, 2010, Family 15.0%to 18.3%; Individual 14.0%to
17.6%; July 1, 2011, Family 18.3% to 21.6%, Individual 17.7%to 21.3%; June 30, 2012, Family 21.6%to
25.0%, and Individual 21.3%to 25.0%.
CONSENT ITEMS:
Resale of Affordable Housina Unit
The Town was notified by CHAPA that an affordable housing unit at 4 Harvest Drive, Unit 303 at Oakridge
Village was up for sale and it was recommended that the Board not exercise its right of first refusal and
authorize CHAPA to find a buyer who meets the appropriate affordable criteria.
William Gordon made a MOTION, seconded by Rosemary Smedile, not to exercise its first right of refusal and
to authorize CHAPA to find a buyer who meets the appropriate affordable criteria. Vote approved 4-0.
OLD BUSINESS:
FY11 Water and Sewer Rates
The Town Manager provided updated information on proposed rates based on estimated year end receipts
and expenditures. After a discussion the Board decided to not raise the rates but to maintain last year's rates,
and to monitor the usage quarterly in case the rates need to be adjusted.
Rosemary Smedile made a MOTION, seconded by Richard Nardella,to set the water and sewer rates at the
same rate as the previous year and to monitor it quarterly and adjust it as needed, Water 1st Tier$3.80,
Sewer 1 st Tier$5.83,for a combined 18t Tier of$9.63. Water 2nd Tier$5.55, Sewer 2"d Tier$8.22, for a
combined 2nd Tier of$13.77. Vote approved 4-0.
Fire Department Mutual Aid Agreements
Fire Chief Andy Meinikas presented information regarding mutual aid to the city of Lawrence. Due to layoffs in
Lawrence, North Andover's Fire Department through the mutual aid agreement would respond directly to a fire
In Lawrence on a second alarm.
The Board requested the Chief to monitor the number of responses to fires in Lawrence and to report back to
the Board if they exceeded the usual amount of the previous year. This would impact the Town financially
Including overtime, Injury liability and wear and tear of equipment.
Essex Regional Retirement System Assessment
The Town Manager provided additional information regarding Interest earnings vs, early payment to the
ERRB. If the Town invested money at .5% interest for 5.5 months the gain would be $3,280.56 vs. an early
payment savings discount of$59,248.52. Since the Board's last meeting State Legislation made changes to
Board of Selectmen Minutes 8
the ERRS as to a new executive director and its`former board members. The Town Manager also provided
Selectman Nardella with the legal bills requested.
Selectman Nardella said there is about$200,000 worth of legal bills directly related to the executive director
speaking to attorneys about his employment and defending himself against fraud and corruption. Nardella
urged the Town Manger to work diligently with the staff of the Retirement Board to see if the Town and other
member towns could be reimbursed for some of these legal bills.
The Town Manager will communicate with the new board that the Town of North Andover has concerns about
the prior board and the legal bills associated with them and in recognition that those bills should never have
occurred in the first place that the Town should get a reduction in the assessment.
The Board agreed to pay the ERRB assessment tomorrow.
Information Technology Position Reclassifications
The Board was asked to review and approve the recommended reclassification of the Information Technology
Director from a grade 16 to a grade 18 and to also classify the Senior Network Engineer to a grade 14.
Richard Nardella made a MOTION,seconded by Rosemary Smedile,to approve the recommended
reclassification of the Information Technology Director to a grade 18 and to also classify the Senior Network
Engineer to a grade 14. Vote approved 4-0.
Greater Lawrence Sanitary District Combined Sewer Outflow Control Plan
The GLSD held a public meeting on June 10, 2010 to present their plans to address EPA mandated
requirements to control combined sewer overflows. The Town Manager gave a summary of the meeting and
provided the Board with the projected financial Impact on North Andover sewer rates if the proposed solution is
approved by the EPA.
Down Town Bike Route
Town Planner July Tymon made a presentation regarding conceptual plans for a Bike Route in North Andover
and requested approval from the Board to apply for a grant to the National Parks Service. This grant would
provide the town with consulting services to help build community support, to assist in the design of the trail
and to assist with future grant applications. The project objectives is to partner with the School Department to
build safe bikelwalking paths for students and residents, Integrate with "Safe Routes to School program".
William Gordon made a MOTION, seconded by Rosemary Smedile,to approve the application for a grant to
the National Parks Service for consulting services for a Bike Route in North Andover. Vote approved 4-0.
Department of Public Works Reorganization
DPW Director Bruce Thlbodeau developed and recommended a reorganization of the Division of Public
Works. Because of many personnel changes past and future there is a need to restructure the day to day
operations of the highway department and the water treatment plant. Recommendation was to Improve
efficiency by combining two positions, Operations and Sewer&Water under one person and to have an
assistant manager and create a staff engineer technician. These two positions would need to be reclassified
as follows; Division Operations Manager to a grade 15 and the Assistant Division Operations Manager to a
grade 12. All of these positions are currently funded and would not Increase the budget,
Rosemary Smedile made a MOTION, seconded by Richard Nardella,to approve the restructure of the
Department of Public Works and the reclassification of the two new positions and authorize the hiring of a staff
engineer technician. Vote approved 4-0.
Lease or Sale of Town Owned Land adjacent to Chickering Plaza and Chestnut Green
Bunker Hill Street—Chickering Plaza
Assistant Town Manager Ray Santilli presented two scenarios regarding the "paper street" portion of Bunker
Hill Street. Depending on how the Board wanted to proceed with this parcel of land of whether to lease the
land or to sell the land,there Is a specific Request for Proposal (RFP)for each request. The Board decided it
would be in the best Interest of the Town to sell the land rather than a lease.
Board of Selectmen Minutes 4
Richard Nardella made a MOTION,seconded by Rosemary Smedile,to direct the Town Manager to do an
RFP for Sale of subject property on Bunker Hill Street with a deed restriction for the sole purpose of parking.
Vote approved 4-0.
Note: William Gordon recused
Hillside Road at Chestnut Green
The owners of Chestnut Green would like to use this parcel of land for employee parking yet there is an
abutter who has been against parking near his home. Before proceeding with an RFP for this parcel the Board
suggested speaking to the abutters first to get a better Idea of the use of the land and how to proceed.
Note: William Gordon returned
TOWN MANAGER'S REPORT:
Police Station Project
Assistant Town Manager Ray Santilli gave an updated report on the new Police Station project.
Although the project has incurred some unexpected bumps and additional expenses (primarily with
water issue in the basement) it remains on target with the anticipation of completion date of mid
September 2010. The Police Department would be able to move during the last couple of weeks in
September with a projected operations opening date around the week of October 4, 2010. The
primary concern remains the projected budget is in the negative by about$35,000. The project team
is reviewing all of these matters in order to ensure that the project will be completed within budget.
Cherry Sheet Proiection vs. Senate Final
• The Town Manager presented a spreadsheet comparing North Andover's state aid and charges as
contained in the recently passed state budget and what was assumed when the Town's FYI budget
was approved at the Town Meeting.
Board_ of Health Mosquito Spraying
• Due to the recent finding of West Nile Virus within a test sample of mosquitoes within North Andover
and as part of an ongoing monitoring program, the Board of Health has approved selective mosquito
spraying. Monday, July 12th from 8:30pm-12:30am around Chadwick St, Osgood St, Massachusetts
Ave, Greene St, Elm St, and High St. The residents were notified by phone and it is listed on the
Town's website.
• The Town Manager signed two contracts one for the expansion of modular's for the Kittredge School
and one for Water System Improvements,
PUBLIC COMMENT:
George Barker of Osgood Street said that he was pleased to hear that the Board made no increase in the
Water and Sewer rates.
ADJOURNMENT:
Richard Nardella made a MOTION, seconded by William Gordon,to adjourn the meeting at 9:25 p.m. Vote
approved 4-0.
Adele J.Johnson
Administrative Secretary
William F. Gordon, Clerk of the Board
FEBRUARY 2 1981 l
The Board of Selectmen held their regular meeting on this date with all mem-
bers present; Selectmen Thomas J. McEvoy, Charles A. Salisbury, Ralph R.
Joyce, R. Louis Di.Fruscionwi.th Chairman John W. Graham presiding. The minutes
and warrant were approved as submitted.
JURORS:
The Following persons were drawn for jury duty all for March 2 Sitting:
Newburyport: John L. Stevenson, 11 Bixby Ave...Lawrence: Dawn Delgarda, 5
Elm Ct. , Doreen H. Drigian, 13 Chapin Rd.. ..Salem: Louis Swenke, 210 Andover
Street, Augustine J. Loneran, 1 Bannan Dr. , Joan Keegan, 1 Martin Ave.
ADJUDICAT7,)N-LISA LANE:
It was-the unanimous vote of the Board to adjudicate a portion of Lisa Lane
as a Town Way, and to enter the Article in the Town Meeting warrant for
acceptance by the Town. A permanent drainage easement will be deeded to the
Town and the Public Works will correct any deficiencies caused by sewer con-
REVENUE SHARING HEARING:. struction,
A hearing was held for the purpose of obtaining oral and/or .written comments
for pitizens as to possible uses of General Revenue Sharing Funds for the 1981-
1982 Town Budget. The Town expects the sum of $324,664 during fiscal year 82
and presently has on hand the amount of $73,824. It was an unanimous vote
to accept the present uses,
STREET NAMED:
The Selectmen approved the name of the street for Prescott Village.. .to be
called, "Stacy Drive" Letter to be sent to the Police, Fire, Highway, Publi
Works'departments and to the Board of Assessors, Planning Board and Town Cler
advising them of the name. Motion on the vote to name the street was 4 in
• the affirmative, one in the negative (Selectmen Sat isbury).
REGIONAL C0MPUTER SYSTEM:
Letter'.received from Chief Donnelly stating he was very much in favor of
participation in a project involving a regional computer system for the polic
departments of Amesbury, Andover, Billerica, Georgetown, Groveland, Haverhill
' Lawrence, Lowell, Methuen, Newburyport, North Reading, Salisbury, Topsfield,
Tyngsbo3rough and Salem, N.H. He advised that a #statement of intere s t"should
be sent to David Clayman % Computer Centex, Methuen High School. The vote
was unanimous to join the computer system.
POLE HEARING:
A,hearing was set for February 23, 1981, at 3:30 P.M. on a petition to instal
1 pole (remove I pole) near Wiley Court. Abutters will be so notified.
VOC SCHOOL BUDGET:
Notice from the Voc School stated that the peeliminary budget was also the
final budget. The Budget was approved by a 4-1 vote; DiFruseiora negative
vote.
ESSEX COUNTY ADVISORY BOARD:
The Selectmen unanimously voted to appoint Selectmen Ralph R. Joyce to. repre-
sent-the Town of North Andover on the Essex County Advisory Board, Mayor
Levesque, Salem., Mass. will be so notified.
BOY SCOUTS-C.CENTER:
The Board approved the request of Boy Scout Troop 89 to use the Community
Center on Tuesday evenings.
S.C.GUARD APPOINTMENT:
At the recommendation of Chief Donnelly, the Board appointed Grace Mistretta,
a Reserve School Crossing Guard, effective immediately.
LETTER OF APPRECIATIONi
Letter received from James Ronan, 875 Forest St. expressing his thanks and
and appreciation for a. street light installed in the area of Sharpener's fond
and the Selectmen's efforts towards establishing a State Park in the area.
24 S FEBRUARY 2, 1981 (continued)
HILLSIDE ROAD:
Letter received from Sherman Eidleman re the Selectmen's request to have
the District represented at the Hillside Road hearing, February 2,to
support the counter proposal of the District to eliminate traffic accidents
at the intersection of Hillside Rd. and Rt. 1:14. He stated that, due to,
budgetary restraints and Department restrictions to that effect, a :repre'-
sentative could not attend the hearing.
TRAFFIC CONTROL SIGNALS: ,
Letter from Sherman Eidleman, advised the Board that the traffic control
signals located at the intersection of Rt.' 125 at.Mdssac'h(teetts Ave. and
Rt. 114 a:: Peters Street are scheduled to, be reconstructed. Funds .i:or•'
these projects will be allotted in the Fall of 1981. Once the new Traffic
Control systems are operating, it should result in a more efficient system
eliminating congestion resulting from nonoperational lights.
HILLSIDE ROAD HEARING:
A hearing was held on the State's counter proposal to eliminate traffic
accidents at the intersection of Hillside Road and Rt. 114. At a previous
meeting, Mike Schena had proposed an island be constructed at the intersec-
tion of Hillside Road and Rt. 114. Vehicles could not make "U" turn or
turn left...they must keep right and make right turn only. The State's
counter proposal recommended the placement of barrels with signs on a trial
basis and, if proven effective, a permanent type island could be installed:
Eidleman stated that the Town's proposal for the immediate installation of,
an island may satisfy the crossing hazard from Hillside Road and eliminate
cross, eollision type accidents, but it would cause other type accidents.
Motorists will at attempt to make "U" turns at the ends of the island or
some other place along Rt. 1.14. Cars might drive onto the island •and,' after
hitting the island, vehicles would be directed into the path of other vehicles,
The District Engineering personnel and Boston Office do not support the
immediate island concept. He stated that several telephone calls from"'-'"
residents of Rt. 114 and Hillside Road were against the island proposal: '
Several residents were present to object to the island proposal. Ed
Hamel said it would be like building a monster out in the road.-cars-will
hit island and slam into his house. Robert Kent said island will cause
more problems. Hamel said lights should be installed. B,b§samo, school
bus driver, said he would not be able to make turns with the school busses,
it would be impossible.. .he must cross Turnpike Street...An island would
create havoc...said to instal. lights. Brian S. advised them that_the
State had ruled out lights, that they would be to near the corner traffic- .
lights. Peter Aziz said lights only solution. Mr. Hays Chestnut Street
is least safe street in Town, that it is used as a by-pass to avoid,•the
corner traffic lights...street should be residential., not a highway.:'.
school busses go down Chestnut Street 50 miles per hour. Paul Manning;
said an impact study of heavy traffic on Hillside Road should be made.
Chris Newnas of Hillside Road stated that his son/NiArly hit by/car, that.
Hillside Road tra`fic is terrible..something should be done about the card
and barrel barrier might be the answer. Bud Cyr said lights are the
solution. Selectman Joyce said island will eliminate speed of cars and
no crossing Turnpike Street. MaGary stated island would create a death
trap and asked how would island be lit up? JohoWillis stated that th8
strongest argument for this kind of concept is that the island can be
erected over night and the island would eliminate a large amount of traffic
on Hillside Road. Selectman Salisbury said, as no lights are available
there were four alternatives but island was best bet. Rep. Hermann stated
that he will set up a meeting with the DPH retthe decision of this hearing.
Selectman MjEvoy sated that Mike Schena's plan, installatidn-of an island-,
is the best plan for safety's sake. Lights are the best answer, but a
island was cheaper and could be installed sooner. He made a motion to
have an island installed, seconded by Selectman Joyce and the vote was
unanimous. '
TOWN MEETING:
The Selectmen discussed their Articles for Town Meeting and closed the
Warrant.
LANDFILL:
Letter received re Sharpner's Rd. landfill. Referred to Bud Cyr For
comment. Selectmen will wait for Mr. Cyr's report before inquiries are
answered!
February 1981 (continued) 249 .
REPRESENTATIVE J. HERMANN:
Letter received from Rep. Hermann, who was also present at the meeting,
In the letter he advised the Selectmen that he hate contacted his legislative
counsel and requested that he draw up a bill re the penalty of vehicle
drivers losing her/his driving license due to drunken driving, When bill is
completed he will bring it to the Board for -their signatures.
On the Missile Site; he stated that he had contacted Gilbert Bliss and made
and appointment with him for the purposes of expediting the proposed park at
.the.inissile site, He. had notified Senator Pollard's Office also to meet with
them on 'January 30th. At -the meeting, he said it was difficult to get any
more"iaoney from the State for the park, but will, do everything they can to
get.: 'the necessary funding. Chairman Graham asked if the State,Police are ,
patrolling the area and Hermann replied that there was a 2 1/2 repercussion,
Selectmen DiFruscio'asked what other avenues can the Selectmen take? People
vrho owned land and pay, taxes on same could donate the land for the park, It
was asked what they,are doing to keep trespassers out. It was commented that
the Town could redeem land not owned for the park. Selectmen DiFruscio:a -
suggested that the three towns pool, salary of policemen to patrol the missile
site area. Rep. .Hermann stated that Radlo, when contacted, stated that the
Public'..'Works no longer have overtime that he would meet with the Selectmen
and: Rep.,•'Hermann anytime during the daytime 'to discuss the problems of Rt,
114.
PENSION 'PLAN:
The ,possiblity of the Town having their own Pension Plan was brought up. Ther
are 208 employees. Brian was requested to research the various T owns.
LICENSING COMMISSIONERS:
AUCTIONEER°'S LICENSE:
Application received from Gregory May Marketing Club, Merrimack College,
for°an Auctioneer's license to conduct an auction at the college in May. The
application was referred to Chief Donnelly for comment.
Approved: Application for a 1-day liquor license for the Law. Gen. Hospital
Hospital Aid Association affair at the B.U. Conference Center, Feb, 13th, wit
the stipulation that a police officer be present.
J:J :,BOXLE: '
John J•. .Boyle, Owner of the J.J. Boyle Restaurant, was present.at the meeting
at the request of the Licensing Board to clarify his status and the status
of-his .license. Mr.-Boyle stated that he was the sole owner of the establish
Tent, the stock and license, but, because of his extensive illness, he had
requested Dan Trfacanti, Jr. to assist him in. managing the restaurant, He
went..on to state that because he missed onepayment, the bank had closed his'
restaurant on Friday and he had-no alternative but to file bankruptcy,under
Chapter 11, a new bankruptcy coda (10-1-79Y that prohibits any bank from
closing .the restaurant. ' Under the- auspices of the U.S. 'Federal Court, J.J.
Boyle is- recognized as the owner and the chief officer, manager of the res-
taurant and the reorganization of the Doyle restaurant indebtness is in pro-
gress. The restaurant haft reopened. He stated that the publicity in the
ve paper-ga -.the-wrong impress ion.(that Trafacanti had purchased the stock.)
Boyle did not get approval., from the bank to transfer the stock so has not.
applied' from•the Licensing Board for transfer of the stock. No sale of the
stock or license can be executed until a court order is obtained. Selectman
' Graham read Boyle the record of the police when they went dawn to the"restau-
rant over the weekend. .. .the report recorded the statement that the restauran
had changed hands. Hoyle said the report was not quite accurate, that he was
the sole owner. It was voted to take the matter under advisement. Mr. Hoyle
was thanked for appearing.
.Alice M. Letarte, Secretary
250 FEBRUARY'20- 1981.
The Selectmen met for a work session on this date. - Chairman Graham, Select-
men Salisbury, DiPruscio present. McEvoy ill and Joyce at a class.
The Board held a meeting with the School Committee and Advisory Committee to
discuss proposition 2 1/2 and Union negotiations.
The Chairman of the School Committee stated the concern of the Committee
that they know exactly where they stand on their budget and what the bottom
line will be. _The Executive Secretary indicated that the estimated figures
prepared a few months ago are no longer valid because of large increases•, in
water and sewer rates voted recently, a large increase in free cash,- and. .•
several other factors. The new estimates, which will be available.by -the. e ..,
end'of the week, will be a substantial plus figure rather than negative..!.. .
The Board then voted unanimously to go into executive session withthe.School
Committee and Advisory Committee to discuss Union -negotiations. .
The Board came out of exective session to announce that no actionir WW
w*" taken.
Mr. & Mrs.. Rizza of Robinson Ct. came in to request a .street light and'',•::,+
police-assistance to curb a dangerous vandalism problem. Someone was
continually shooting metal ball bearings at their house. Voted to.alerf
the police and also investigate..the need 'for an additional street li'ghC:"•.
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FEBRUARY 15, _1981
A special meeting of the Board.was held with the Board of Health, Higg wff"� .
Surveyor and Landfill Committee. ''�''
All the parties discussed the status of the Sharpner's Pond Rd. landfill:
Generally, all parties agreed with the list of materials which woula",be
allowed: This list excluded asphalt shingles, and plastics. it was voted '
to agree to have Gelinas draw up: a Memorandum of Agreement between the'
Board of Health, Highway Surveyor and Selectmen, to request a modified -
permit from DEQE.
Relative to the current status of the Holt Rd. -landfill-and solid was s-,
in general, the Board discussed with the Highway Surveyor the problem':
Bud reported that the State was working with LEA to revise the plane, 'A,
meeting has been scheduled with Middleton's consultatnt, and he i's-propo-
sing'some restrictions on the landfill to the Board of Health for their
action. After further discussion the Board voted unanimously to request'
the Solid Waste Committee (Bud, Ed Scanlon and'Brian7. to report on the
alternative solid waste solutions by t'ie end of June'. '
Bud Cyr then requested permission to sell the 10-15 cord of wood he has'
stored at'the Sharpner's Pond Rd. landfill.. ' Unanimousl oted to authorize
him to advertise and sell the wood.
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MAY 118, 1981 (continued) 283
�3QkT�3YI�HPLQYECS
Letter received from a majority of the administrative employees requesting
that during the months of July and August the Town building•be closed at
12 noon bn Fridays. Letter voted to be received.
PUBLIC WORKS INSURANCE:
At a previous meeting, John Thompson requested insurance coverage for
equipment and supplies stored at the. Town Farm shed. After discussion the
Board voted not to obtain the coverage based .upon the following reasons:
1. ' The present policy has a $10,000 deductible. 2. It is a questionable
practice to pay for insurance coverage for such small items as lime, fertili-
zer and soccer balls. 1. Many of the items are not in the shed several
months.'of the year. Tn the letter voted to go to Thompson, they suggested
that, if possible, they store some of their more valuable items at the Town
Garage where coverage is available.
SEALER OF WEIGHTS & MEASURES:
It was brought to the Board's attention that the present Sealer of Weights
and Measures, William Slackstock, intended to resign his position due to the
fact that he didn't have the time available to execute his duties. The
Board voted have Brian advertise -for applicants as soon 'as the resignation
is received.
STREET LIGHT-COLGATE DRIVE:
Mrs. Edna Witzgal.l of Colgate Drive appeared before the Board to advise them
that, the light they had voted to 'reactivate still had not been turned on ana
she was very. concerned. She was advised that Brian will contact the electric
company and the light.-would be turned on this week.
ELECTRICAL OUTLET-COMMON:
Selectman DiFruscio outlined to the Board the two areas where the electrical
-service :on the Old Common for holiday observances could be installed. After
considerable "discussion, the Board voted to wait until-a second bid was sub-
mitted as they were told by Robert DeFresne. Landers Electric Co. had al-
ready submitted a bid but it will not be opened until the second bid came in.
AIRPORT: .
Frank Trombly telephoned-the Board while the meeting was in progress to advis
the Board that there would absolutely be.no public housing built by the City
of Lawrence on land next to the Airport in North Andover:as reported. in the
Sunday Lawrence Eagle Tribune quoting a Mr. Roland-Hatch. The Board voted" .
do have a letter sent to Mayor Lefebre expressing their strong opposition
to any housing development in the Airport area and to request a committment
from the Mayor and City Council that Lawrence would never locate any type of
housing on this land.
Alice M.' 'Letarte, Secretary +� � C1exk
APRIL 6 1981
The Board of Selectmen held their regular meeting on this date with all
members present; Selectmen Thomas J. McEvoy, Charles A. Salisbury, Ralph
R. Joyce, R. Louis DiFruscio with Chairman John W. Graham presidin-. The
minutes and warrant were approved as submitted.
AMBULANCE PROPOSAL:
A reftesentative from Medicompts, Inc., Canton Mass. appeared before the
Selectmen to submit a proposal for paid ambulance service. The representa-
tive.. is also the sole owner, founder. and President of Medicompts, Inc.
Atty Gerald S. Foley, Jr. He stated that his three year's experience pro-
viding ambulance billing services for local municipalities proves beyond a
' doubt that a third party ambulance billing system will dramatically increase
reimbursement for the Town's ambulance department. Medicompt's objective
has,always been to secure the highest le;a1 reimbursement levels of payment
for emergency medical services provided by emergency room physicians and
ambulance companies. They will. provide complete administrative services to
the Town. He advised that the town of Canton had Medicompts, Inc. perform
the newly instituted Ambulance Insurance reimbursement System and in the
years. 1979-80, Canton received $44,000 in cash receipts' for ambulance runs,
In 1980-81, Canton expects to receive approximately $55,000 for ambulance
runs. The Board thanked Mr. Foley for his presentation, informed him that
an Article has been submitted for Town Meeting and, if accepted, they will
consider his proposal.
COMMUNITY CENTER LAURENT:
A Certificate of Completion for the Laurent Construction Co. was submitted
to the Board for signing, together with a punch list of items that would be
completed by April 10, 1981. The Board voted to table its execution until
next week to ensure the list's completion.
NEW HOUSING PROJECT:
.The Selectmen voted to send letter to the Board of Appeals stating that they
approved the plans, as submitted, by the Board of Appeals re the new housing
' project proposed by the North Andover Housing Authority.
MIDDLESEX ST. VANDALISM:
'Letter received from Chief Donnelly in reply to letter submitted by Mrs. Peg
Morrison and others re vandalism in their area of Middlesex Street. The
Board voted to accept the letter and refer copy of same to Mrs, Morrison.
GAYTON OSGOOD-OFFICE SPACE:
Gayton appeared before the Board to discuss proposed office space for the
Office of Community Development. He informed them that he had met with the
Library Director, Russ peeve, and they had ag:.sed to move the books in the
Town -Building storage room to a basement located at the Housing Authority
office, 16 fountain Drive.A dehumidifier would be installed to keep the base
ment dry. After further discussion, it was voted to assign the storage
space, now used by the library, to the Office of Community Development and
to have letter sent to the Trustees of the Library so advising them.
DRAIN PIPE EXTENSION:
Letter received from George W. Moekel, 36 Woodbury Lane, requesting permissi
to extend drain pipe 25 feet, Request was voted to be referred to the High-
way Surveyor.
GLSD BUDGET:
The Board voted to receive the Greater Lawrence Sanitary District Budget for
Fiscal Year 1982.
TRAFFIC LTS.-HILLSIDE RD.-RT.114:
Steve Erka, State Engineer, advised the Board that, due to lack of Federal
Funding, the installation of traffic lights at the above-named location was
impossible at this time. After a.discussion, the Board voted to send letter
requesting that a temporary island be installed on Rt. 114, intersection of
H111side Rd.
AHOP BONUS SECTION 8 HOUSING FUNDS-MVPC:
Letter received from the Merrimack Vale Pla nin Commission re fv-'ds for
rental assistance for lowr-and. n ome '�ami ies Referred to Gayton
Osgood and Susan St. Pierre.
272 APRIL 6, 1981. (continued)
MAIN ST. INTERSECTIONS(WATER ST.& WAVERLY RD.)
Letter received from the State DPW re the, above-named intersections and ad-
vised the Board of the following suggestions:
1. State will design and Island at the Waverly Rd. intersection and erect
a stop sign there, if Board agrees.
2. Erect a stop sign and a stop line between the driveways at the Merrimack
National Bank at the Water Street intersection,
The Board voted to refer the suggestions to the Police and Fire Chiefs,
Town Planner and Highway Surveyor for their comments.
SAFETY SIGNS:
Selectman Joyce reported to the Selectmen that traffic is becoming increasing-
ly heavy on Bunkerhill, Concord and Lexinton Streets due to drivers taking
short cuts to Osgood Street because of Park and Pleasant Streets being one-
way. It was voted to send letter to Chief Donnelly for his recommendations,
DALE ST.-ONE_WAY:
Petition received from Harold Lynch and other residents requesting that
Dale Street (short section) be made one-way, running West to East, be-
ginning at the corner of Marbleridge Road and Dale Street and ending at
the corner of Dale and Appleton Streets. They also requested that this
section of Dale Street be posted, indicating speed limits. The Board"voted
to .send copies of the petition to the Police and Fire Chiefs, Highway
Surveyor and Fred Rex requesting their comments and recommendations of
the petition. They also voted to accept and support. petition.
STREET LIGHT COMPLAINTS:
A discussion of street lights was tabled until next week.
BOXFORD STATE FOREST:
Letter received from the Dept. of Environmental Mangaement advising Board
that they are planning to establish an advisory committee to assist iti t6.'
management of the Boxf'ora State Forest which is located in the Towns ,Qf-
Boxford, North Andover and Middleton. They requested the appointment of. '
two members to represent the Town of North Andover to serve on the advisory
committee. The Board requested to contact persons he thought may be in-
tereste,l in this committee and tabled same until next week,
Oro INTMENTS'-CONS ERVATION COMMISSION:
Interviews with applicants to fill vacant positions on the Conservation
Commission were conducted as .scheduled with one exception. Chairman 'Grahafn
read a.letter submitted by an applicant, Mrs. Edith M. Nitzsche, which
stated she had learned that three, highly qualified gentlemen had made.
applications for the position who should be considered and that she was
withdrawing her application. The Selectmen thanked Mrs. Nitzsche, who was
present, for her fine letter and her interest in the welfare of the Town,
.and voted to keep her letter and application on file for future service on
other committees. They proceeded to interview. Thomas W. Boshar, Atty. Philip
J•. Doyle and Guillermo J. Vicens, Dr. separately. After the Selectmen's
meeting was concluded, Atty. Philip Doyle was appointed for a term of •3 yrs,
(1983) and Guillermo J. Vicens, who received the most votes to a term expiring
in 1984) Conservation Commission and the appointees will be so notified.
-
GRAHAM-REMINDERS:
Chairman Graham reminded the Board that their decision was due on the
Solid Waste Disposal Site (NESWC) contract at. the next meeting, April. l3th.
He also asked if anyone was going to the meeting of the League of Women
Voter's, April 15th.
ADVISORY BOARD:
The Board of Selectmen and the Advisory Board went through the Articles
on the Town Meeting Warrant and the Advisory Board indicated on each-
article whether they supported it or not. They said they had met with all
departments who have cooperated in cutting down overtime but haven't decreased
services. School increase in fees, police positions and fire department over-
time was discussed. On street lights, the Advisory Board wants the Selectmen
to make a committment to pull out 130 street lights, Advisory Board stated
that if Town does not go along with their guidelines, the vote on the Articles
will be repeated starting at Article I until their recommended. tbtal•-amount••.
is voted.
I
I
APRIL b, 1981 (continued) 278
DOG OFFICER:
The Dog Officer appeared before the Board saying he could not function until
the end of this fiscal year without additional. funds. He was Cold once again
that .he had to 6pevatk within his budget, to curtail services if he had to.
LICENSING COMMISSIONERSz
Approvedt 2-day beer license for V.P.W. for July 3-4 on the Old Common for
4th of July celebration.
Common Victualer license for the 4th of July Committee, July 3-4
for food served during the 4th Aof obse es.
.Alice M. Letarte, Secretary * * * k Clerk
APRIL 7:3 '•1981
The 'Board of Selectmen held their regular meetin; on this date with all members
present; Selectmen Thomas J. McEvoy, Charles A. Salisbury, Ralph R. Joyce, R.
Louis DiFruscio with Chairman John W. Graham presiding. The minutes and
warrant,were approved as submitted,
SENIOR CENTER:
Gayton Osgood appeared before the Board to discuss the relocation of the Senior
Citizens Center. He advised the Selectmen that, at a recent meeting, the
Council On Aging had voted they would like the Senion Citizens Center somewhere
on the Town property behind the Town building. They would like to be released
from the Community Center to relocate. in a more central area, Gayton requested
that :be be authorized to start negotiations now so important details would be
completed before the anticipated grant is received in September. Chairman
Graham-stated that at this time, his one concern was the way the present admin-
istration in Washington is going. He would not like to start something and
then find the Senior Citizens left without anything because of lack of funding.
Gayton said he could not foresee not being funded. Letter from Town Planner
was referred to re downtoim parking behind the Town building. Gayton stated
that, additional land would be available, owned by Dr. Lantini and Kenics who
would be-willin; to lease the land they owned. 125 parking spaces are antici-
pated. and .the construction of the Senior Center would only take up .25 parking
spaces. Selectman Joyce stated that the elderly should be located downtown,
that Gayton should iron out the details. Gayton stated that thou;h, at the
present'time, he had no money to spend but, if the Board would at �ive Bfsm'
permission to go ahead, without signing anything, he .could start preparations.
It was'Auggested that he look into buying property on May Street. Cayton said
that:l) The elderly do not want to be located there and 2) They only have
WO ,000 .to build the elderly center and they can not use it to buy land as
they need all of it for construction. Upon motion of Selectmen Salisbury, it..
was voted unanimously to authorize Gayton to proceed with whatever negotiation
are necessary to relocate the Senior Center from ,the Community Center to the
center;of Town.
DOWNTOWN PARKING: '
A Memorandum was received from the Downtown Advisory Committee re additional
downtown parking. The memorandum stated that, in the near future, the present
surplus 15 spaces in the business district will change to a net deficit of 114
spaces. The Town Planner, Susan St. Pierre, stated that the town is eligible
for a 70% grant for financing the construction of off-street parking facilitie
' but, 'due to the competitive program, application should be prepared at once
for this. grant. The Board voted unanimously to accept the memorandum of the
Downtown Advisory Board and instructed the Town Planner to prepare the applica-
tion for the grant.
REFUSE FUELS, INC:
Mr. Ricci of Refuse fuels, Inc. gave a presentation of the operation of his
landfill operation. Company privately owned, site owned by two people. He
said he was willing to sign town to a short term contract and build a transfer
station. Starting rate $13.00 per ton, subject to change. He thanked the
Board for allowing him to make the presentation.
PLANNING BOARD
Meeting Minutes
June 3, 2014
Town Hall, 120 Main Street
7:00 PM
1 Present; R. Rowen,L. Rudnicki, L. McSlherry,D. Kellogg,M. Colantoni,J. Simons(arrived at
2 8:00 pin)
3 Absent:
4 Staff Present: C. Bellavance, J. Enright
5
6 Meeting began at 7:00 pill.
7
8 LOT RELEASE
9 Rocky Brook Estate lI, Peter Breen: Request for Lots 1,2, 3, and 4 to be released.
10 C. Bellavance: The road is constructed to binder coat and there is a bond in place. The
11 developer has requested the remaining four lots to be released so that construction can begin.
12 MOTION
13 A motion was made by D.Kellogg to release lots 1, 2, 3, and 4 for Rocky Brook Estates 11. The
14 motion was seconded by L. Me Sherry. The vote was unanimous, 5-0 in favor.
15
16 BOND RELEASE
17 110 Sutton Street: Request for release of remaining$2,500 performance G bond plus
18 accumulated interest.
19 C. Bellavance: The applicant has been before the Board previously and received a partial bond
20 release. There was some outstanding landscaping that needed to be completed.
21 BOARD: Reviewed the original plan and a sketch of the intended landscape area between the
22 building and Sutton Street. The Plans indicate a loom and seeded area from the berm along
23 Sutton Street to the building and shrubs/trees planted along the building.
24 Bob Carberry,property owner: There was a request made to the Town Planner to replace the
25 seeded area with crushed stone and she led us to believe that it was A in December half the
26 bond money was released and the remainder was to be requested after the landscaping was
27 complete. A couple weeks after that meeting there was a discussion with the Town Planner and
28 she was ok with placing the plantings in the berm along Sutton Street because the area could be
29 used for overflow parking for the family.
30 L. Rudnicki: Stated her recollection was that the project representative at the hearing said that the
31 plantings were not completed because of a budget slhortfall, .not because of winter conditions.
32 There was a request to downsize the landscaping at that meeting, but there was no discussion
33 about putting the parking that was on the plan to be removed back in. In fact, the Board stated
34 we did not want a little row of plantings like what is presented. The crushed stone was already
35 installed at the time of the last meeting. We were willing to make a concession on the planting
36 beds, but not for a little planting row. The approval of the project included a plan to break-up the
37 building fagade. What is there now is clearly not breaking up the fagadc. Now there is parking
38 in front that was not approved, but rather was on the Plan to be removed,
39 R. Rowen: The fact that you are using the area for parking is not fair and is not what was
40 approved.
41 B. Carberry: Stated he watched the meeting video and that he spoke with the Planner to get
42 clarification on the direction from the Board. She said a half dozen of plantings in the berm were
1
PLANNING BOARD
Meeting Minutes
June 3, 2014
Town Hall, 120 Main Street
7:00 PM
43 fide. It is not every day parking. The picture shows that it is an area that could be used for that,
44 if necessary.
45 R. Rowen: The money is not going to be given back tonight. Requested that the video of the
46 previous meeting be reviewed and to determine if there are any records of what the Town
47 Planner may have said and go from theme. The spirit of what was approved and what we ended
48 up with are two different circumstances.
49
50 ANR
51 Appleton Street, Map 65 Lot 7: Proposal to create two lots from one existing lot.
52 C. Bellavance: This ANR Plan was submitted on May 21, 2014. The applicant is seeking to
53 waive Subdivision Rules and Regulations as they would apply to this property. The request is to
54 divide the one lot into two lots. The Plan is showing frontage on Appleton Street.
55 R. Rowen: Was any of the land for these two lots included in the Regency Place subdivision?
56 C. Bellavance: This is a separate lot from Regency Place.
57 R. Rowen: This ANR is being proposed with frontage on Appleton Street, When the Regency
58 Place subdivision was under•review we specifically wanted Appleton St. to continue all the way
59 through to Pine Ridge Road and we were told it could not be done, it is impossible to build that
60 road. We approved the subdivision for Regency Place. That being the case, if it cannot be built
61 then Appleton Street is not a road and they do not have frontage. So, it is not an ANR. It
62 certainly is not a road on the ground.
63 C. Bellavance: From what I understand, the engineer for Regency Place said the grade was too
64 significant to access through Appleton Street. There is no one here to speak for the applicant.
65 The applicant's attorney said this morning on a phone call that they are willing to withdraw and
66 come back to another meeting to discuss it.
67 MOTION
68 A motion was made by D.Kellogg to allow the applicant to Withdraw without prejudice. The
69 motion was seconded by M. Colantoni. The vote was unanimous, 5-0 in favor.
70 R. Rowen: Our position is that this is not an ANR because there is no road.
71
72 PUBLIC HEARINGS
73 NEW PUBLIC HEARING 1632 Os ood Strect: Applicant proposes conversion of existing
74 space to performing arts center in the Industrial 2 Zoning District(12)and in the Osgood Smart
75 Growth Overlay District.
76 C. Bellavance: This is an application for a project under•the Osgood Smart Growth Overlay
77 District(OSGOD). The underlying zoning is I2. Within this district a performing arts center is
78 allowed through a Special Permit for Use. The Planning Board is the Plan Approval Authority
79 (PAA) for the OSGOD district. The building for the proposed theater is to the rear and right of
80 the former•main Lucent building.
81 Charles Gracy, Artistic Director for ACT. The theater would occupy the middle section of this
82 existing building. One side has a blacksmith business and the other side a woodworking
83 business. There are performances that are mostly done on weekend afternoons and nights.
84 There are also classes,workshops, scene building, and rehearsals that occur mostly evenings and
85 weekend days,but there are some children programs after school hours.
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PLANNING BOARD
Meeting Minutes
June 3, 2014
Town Hall, 120 Main Street
7:00 PM
86 Matthew Juros, Architect: The occupant load is 240 people, There will be Gaon-fixed seating for
87 167 people. Based on the occupant load there is a requirement for 60 parking spaces with 3
88 handicap accessible spaces. Provided an overview of the signage, way-finding from Rt, 125,and
89 parking area. There are hundreds of parking spaces available. There is no restriction from the
90 landlord for a specific square footage of parking area.
91 C. Bellavance: Jerry Brown, Inspector of Buildings, has reviewed the parking analysis and he
92 works with Ozzy Properties to ensure the parking is suitable.
93 BOARD: General discussion surrounding the occupant numbers submitted on the plans and the
94 bylaw requirements.
95 M. Juros: The plan will need to be revised based on a meeting held with Jerzy Brown and the
96 Plumbing Inspector. The occupant load was backed into using the number of people that we
97 could provide toilets for. This was the limiting factor•. Submitted an addendum that shows the
98 recalculation of the occupant load, the building code summary, and the summary of the zoning
99 code.
100 R. Rowell: What type of interior work will need to be done?
101 M, Juros: Reviewed the interior layout plan. The non-fixed seating allows for a variety of
102 different types of productions. The stage is on the same level as the seating. There is no
103 structural change to the outside of the building. The exit doors will be modified to add proper
104 hardware and one door will be added. The building has a sprinkler system. The utilities to the
105 building are presumed to be sufficient.
106 C. Bellavance: Is there a crosswalk from the parking lot to the front door?
107 C. Gracy: I believe there is an existing crosswalk. There is a paved parking lot.
108 R. Rowen: It may require some crosswalk striping and parking striping. I think we all agree that
109 it is an appropriate Use. A draft Decision can be prepared for the next meeting.
110
111 NEW PUBLIC HEARING, 500 Great Pond Road: Applicant seeks approval for a practice
112 facility and parking lot expansion within 100' of a Bordering Vegetated Wetiand and within the
113 General and Non-Disturbance Zones of the Watershed Protection District,
114 C. Bellavance: The applicant is the North Andover Country Club. They would like to expand
115 their parking lot and replace a putting green. The project is within the Watershed Protection
116 District.
117 Scott Cameron,Morin-Cameron Group: This project is under review by L. Eggleston and is
118 before the Conservation Commission. Provided an overview of the project scope,wetland
119 locations, distance to the Lake, and Zone A area. Currently most of the stormwater from the
120 parking area sheet flows directly to the street and directly to the wetlands. The upper parking
121 area drains to a small detention area. There is very little stromwater infrastructure on the
122 property currently. The main concern on the site is the parking. It backs up onto the street
123 during functions. There are often 15-20 cars packed along the shoulder-of the street which
124 constricts the flow of traffic on the road (submitted 2 photos of on-street parking). The goal of
125 this project is get the parking off the street and into a designated parking area. The proposal also
126 includes adding a fourth paddle court, a small practice chipping area, adding a formal curb cut to
127 improve the flow on and off the property, adding four parking spaces on the street, and a cart
128 parking area and cart path. The fora'street parking spaces are in the Right-Of-Way(ROW) and
3
PLANNING BOARD
Meeting Minutes
June 3, 2014
Town Hall, 120 Main Street
7:00 PM
129 this request will go before the Board of Selectmen on June 9,2014 for their approval, The soil
130 conditions are ve►•y adverse. The focus is to try to slow the stormwater►unoff down, recharge it,
131 clean it up, and before it gets to the wetland make sure it is significantly better than in the
132 existing condition. The stormwater manage►pent plan is currently under L. Eggleston's review.
133 A site visit was conducted with L. Eggleston, Gene Willis, and Jennifer Hughes. G. Willis is in
134 favor of this project and we will work to get a letter of recommendation from him. There will be
135 a significant increase in the quality of►unoff from the property. Overall there is currently about
136 10%cleanup ofthe runoff in the existing conditions. After this project we will be in exceeding
137 80%renovation of the stormwater runoff plus mitigation so that there will not be an increase in
138 the amount of►unoff. The net increase in pavement is approximately 7,000 sq. ft. We will treat
139 100%of pavement, existing and proposed. Approximately 1,000 sq. ft. of pavement has been
140 pulled away fio►u the wetland on the left side of the plan to provide more of a buffer to that
141 wetland.
142 R. Rowell: We will wait until next meeting for L. Eggleston's feedback.
143
144 John Simons arrived (8:00 prn)
145
146 DISCUSSIONS
147 1046 Great Pond Road: Discussion on potential subdivision alternatives for existing houses on
148 lot.
149 John Smolak, Attorney for Ruddick Realty: We requested this meeting for informal
150 meeting regarding lotting of the existing property at 1046 Great fond Road. Tile property is a
151 little larger than 6 acres. For the past 1 '/2 -2 years the property owner has tried to market the
152 property as an estate and has had no luck selling it as a single property. They have asked us to
153 see how the property may be divided to make it more saleable while at the same time trying to
154 maintain the integrity and the look from Great Pond Road, The Trust is not interested in
155 increasing density. There are four existing structures on the property. The ZBA approved a
156 garage to be converted to a family suite in 2008. Displayed a locus plan and two alternatives for
157 dividing the existing lot into three lots. One alternative is to create a Definitive Subdivision Plan
158 which would create frontage for two of the lots. Tile other alternative is to create three separate
159 lots. One of these lots would require a variance from frontage and a lot width variance from the
160 ZBA and Pla►piing Board approval. Each alternative includes relocating one structu►•e on the
161 property and removing one st►ucture from the property,
162 Phil Christiansen Christiansen and Sergi: The►Hain estate will remain where it is and look the
163 same. The relocated house will be closer to the street than it is currently, The main driveway
164 will remain the same and a new driveway will be added for the relocated house.
165 D. Kellogg: Who will own the area in the upper right corner?
166 P. Christiansen: That would be a roadway even though waivers for construction would be
167 requested.
168 BOARD: Consensus is that the Definitive Subdivision Plan creates less conflict with zoning and
169 has fewer variance requirements.
170 R. Rowen: What are the features of the land to the left of the property?
171 P. Christiansen: It is a meadow area down to the lake.
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PLANNING BOARD
Meeting Minutes
June 3, 2014
Town Hall, 120 Main Street
7:00 PM
172 L. Rudnicki: Stated she would prefer to not have another driveway onto Great Pond Road.
173 P. Christiansen: Will look at alternatives,but common driveways can only serve two lots.
174
175 555-575 Turnpike Street,Qh6stnut'Greet: Request for Site Plan Review Waiver. Proposal to
176' add 9 pafkang;spacesta the side of one of the off ce buildings
, . pkeS177 C. Bellanvanc.e 14illside Roadhas;been closed of to T d a turn-around area has.
78 been consttup ed at tie closed off end of the road: The applicant would like to create nine!
79 Marking;spaces pulled in off of that turnaround and is looking to get a waiver frarn Site Plan',
1$0^ Review'�
sl1 BOARD Corisensus.'is that;tl e Plan shows the parking spaces`within;':the roadway easement.;
182 One of which is actually in the Right O&Way. There would also be au impact to abutters and
1831 they would need to be noticed:
1,84° C Bellavance The applicant felt that they could`put five spaces in without coming ito the Board
185, and they hoped they could gq a waiver for•nine. A letter was sent inlprining:theala that this
186° reduest4ould ga before the Planning Board and they have not responded.;
18T T Simons; Th ey co ld not add five spaces because they are encroaehi rg on the roadway
188 easement:l
189 MOTION;
19qi A rriotion was`made by M. Colantani to not waive Site Plan 1Zeview foY additional poking.
191; spaces at Chestnut Green. T.he rmtion was seconded by D Kellogg. The vote was unani�xiaus
192; 6 01n.favor,
193
194 MEETING MINUTES
195 Approval of May 6 and May 20, 2014 meeting minutes.
196 MOTION
197 A motion was made by L. Rudnicki to approve the May 6, 2014 meeting minutes as amended.
198 The motion was seconded by L. McSherry. The vote was unanimous, 6-0 in favor.
199 MOTION
200 A motion was made by L. Rudnicki to approve the May 20, 2014 meeting minutes. The motion
201 was seconded by L. McSherry. The vote was unanimous, 6-0 in favor.
202
203 MISCELLANEOUS
204 J. Simons recommended that work begin on a Zoning aniendinent for a new district for the High
205 Street mill area. Other town bylaws should be researched to determine if other Mill Districts
206 exist.
207
208 ADJOUNMENT
209 MOTION
210 A motion was made by D.Kellogg to adjourn the meeting. The motion was seconded by R.
211 Rowen. The vote was unanimous, 6-0 in favor.
212
213 The meeting adjourned at 8:25 pm.
214
5
PLANNING BOARD
Meeting Minutes
June 3, 2014
Town Hail, 120 Main Street
7:00 PM
215 MEETING MATERIALS: Agenda, 110 Sutton Street: Original Site Plan dated 3/6/2014,Arch
216 Rendering Sketch Plan,4 property photos;Appleton Street: Form A Application for Approval
217 not Required,Form A Plan dated 5.15,14, 2 MIMAP photos, 4 property photos, Section III
218 Subdivision Rules and Regulations; ACT Theater: Letter from G. Brown dated 5/7/2014 re
219 Parking Analysis,Act Theater Co. Zoning Code Summary for Act Theater Co and Code
220 Summary for Act Theater Co from Fislibrook Design Studio Matthew Juros, aerial photo, 3
221 property photos,Act Theater building plans dated 4/26/14, signage and traffic/parking plan; 500
222 Great Pond Road: Project summary narrative dated 511/14, Site Plan Review application,
223 Watershed Special Permit Application, 2 photos of existing parking conditions,Eggleston
224 Environmental review comments letter dated 5/14/14, Letter from Gene Willis dated 5/23/14,
225 Site Plans dated 5/1/14; 1046 Great Pond Road: email correspondence from J, Smolak dated
226 5/27/14,Existing Conditions Plan,Proposed Lotting Alternative 1 and Alternative 2, Lotting
227 Sketch l and Sketch 2, 2 MIMAP photos; 555-575 Turnpike Street Chestnut Green: Site Plan of
228 Land dated 2/7/14,2 aerial photos; Draft meeting minutes 05/6/2014 &05/20/2014.
6
PLANNING BOARD
Meeting Minutes
August 19, 2014
Town Hall, 120 Main Street
7:00 PM
1 Present: J. Simons,M. Colantoni, L. Rudnicki,L. McSherry,D. Kellogg,P. Boynton
2 Absent:
3 Staff Present: C. Bellavance, M. Egge,J. Enright
4
5 Meeting began at 7:00 pm.
6
7 C. Bellavance: Introduced of new Town Planner, Matthew Egge.
8
9 DISCUSSION ITEM
10 Appletoa Street Map 65 Lot 7 Gerr Welch: Requests discussion on an ANR Plan and/or a
11 Modification of the Regency Place Definitive Subdivision Plan.
12 C. Bellavance: Approximately two months ago ail application for a Form A was received to
13 subdivide a parcel of land off of Appleton Street. The Board had questions related to the
14 frontage and accessibility of the parcel. It was recommended that the applicant come before the
15 Board to discuss the plan. This parcel abuts the recently approved Regency Place subdivision.
16 Mark Bobrowski,Representing Gerry Welch: When Regency Place was built Appleton Street, a
17 way public in nature but not built, extended through the property. The layout that Regency Place
18 proposed for its road did not coincide with Appleton Street. Appleton Street aetZrally goes
19 through a house or two in the Regency Place subdivision. G. Welch has options to purchase the
20 two lots shown on the plan. The derelict fee statue provides the owner of those two lots
21 ownership to the middle of the road and transit rights all the way to the nearest thoroughfare.
22 Since those Appleton Street rights go through a proposed house litigation has been initiated
23 against Regency Place just so we would have an opportunity to talk about working something
24 out that would establish the legal definition of the road and a method for developing these two
25 lots, There has been a meeting with Mr. Carroll, developer, and his attorney. Requested that tlhe
26 ANR plan be endorsed and held in escrow until the road construction is complete and approved
27 by the DPW.
28 Bill Macleod: Reviewed Concept Compton Driveway, Concept Plan D, and Concept Plan E
29 plans.
30 Gerry Weleh: Currently the Regency Place roadway is at subgrade, the sewer is installed,and
31 the utilities are being worked on. The road is not paved yet.
32 J. Siphons: This is construction of a road off of a cul-de-sac which makes it a longer cul-de-sac
33 and it doesn't have a turn-around. The Planning Board rules and regulations do not allow it. The
34 additional roadway is approximately 540'.
35 B. Macleod: The Planning Board approved the subdivision and ignored that fact that there was a
36 right of access to this property.
37 M.Bobrowski: And cut off that access by that road terminate into houses.
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PLANNING BOARD
Meeting Minutes
August 19, 2014
Town Hall, 120 Main Street
7:00 PM
38 J. Simons: The Decision was not appealed. Suggested extending the cul-de-sac a shouter
39 distance, re-configuring the lots so that they have frontage on the Regency Place subdivision,and
40 re-configuring the Open Space parcels. Then come back to the Board.
41
42 BOND RELEASES
43 1831 Great Pond Road,Anthony Sciuto: Request for release of an$8,000 performance G bond
44 fund,
45 C. Bellavance: An as-built plan has been received. The Conservation Commission had
46 jurisdiction on the project as well. They have a separate bond held for the project and they have
47 voted to release the bond contingent on completion of some additional plantings. There were
48 some minor changes that were reviewed and approved by the Planning Department during the
49 construction period.
50 MOTION
51 A motion was made by D.Kellogg to approve the performance bond release for 1831 Great Pond
52 Road with accumulated interest. The motion was seconded by L. McSheriy. The vote was
53 unanimous 6-0.
54
55 26 Main Street, Jeffco: Request for release of remaining$2,000 performance G bond fund.
56 C. Bellavance: The property has been sold and there is now a condominium association that
57 manages the property. The applicant came before the Board previously and the parking space
58 striping has been modified and the curb stops have been installed. An as-built plan has been
59 received.
60 MOTION
61 A motion was made by L. Rudnicki to release the bond with interest for 26 Main Street
62 contingent upon them placing their address marker in a location acceptable to the Fire
63 Department. The motion was seconded by M. Colantoni. The vote was unanimous, 6-0 in favor.
64
65 PUBLIC HEARINGS
66 CONTINUED PUBLIC HEARING,Merrimack College, 315 Turnpike Street: Application for
67 Site Plan Review, Applicant proposes four 2-3 story new residential buildings and one 3 story
68 student common building on an approximately 4.5 acre area along Flaherty Road,Rock Ridge
69 Road, and the Sakowich Campus Center within the R-3 zoning district. Two of the proposed
70 residential buildings are located in North Andover and two residential buildings and the student
71 common building are located in Andover.
72 C. Bellavance: The proposed development straddles the Andover and North Andover town line.
73 The applicant is before Andover's Boards as well. The drainage system is managed by Andover.
74 The peer review is being performed by Andover's consultant and the reports will be shared with
75 us. A question as to whether the Dover Amendment applied to this was raised. A letter from
76 Merrimack College's attorney was received and forwarded to Town Counsel,Tom Urbelis, for
77 his review and he has submitted a letter in response.
78 Felipe Schwarz AVP for External Affairs Merrimack College: Provided an overview of the
79 project scope, location, site plan,pedestrian and traffic flow, delivery access,water and sewer
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PLANNING BOARD
Meeting Minutes
August 19, 2014
Town Bail, 120 Main Street
7:00 PM
80 infrastructure plans, and drainage design, landscape flan, lighting plan, and building
81 design/heights. Fifty six faculty and staff parking will be eliminated. There will be a fence and
82 dense landscape area along Rock Ridge Road. Tile fence style has not been determined yet;
83 however, it will not have a gate. The access plan for fire trucks has been reviewed both Andover
84 and North Andover's Fire Departments. Service vehicles will access the same way as the fire
85 trucks. The service vehicles usually arrive during early morning. Parking is restricted along
86 Rock Ridge Road. The residential buildings will House 350 students. They are not air
87 conditioned.
88 Board: Expressed concern,about where delivery vehicles will park and not enough handicap
89 parking. A memo from the Fire Department should be requested for the file.
90 F. Schwarz: Explained the college's staffing for the buildings and protocol for parties. The
91 college has its own certified police department. Did not know the policy or, time limits for
92 registered events.
93 C. Bellavance: The Building Commissioner has met with the architects a few times, the fire
94 department representative was at the Technical Review Committee meeting, and the Health
95 Department was interested in the setup of the kitchen facilities in the Commons Building. That
96 facility is located in Andover.
97 Chris Lovett,VHB: Provided and overview of the drainage design. Currently there is a grade
98 change across the field. The back side of the project will be lifted approximately three feet.
99 There is a 40' setback area that the grade can be eased out. The potential sheet flow across the
100 sidewalk wilning towards Andover from North Andover along the side of the buildings will be
101 looked at.
102 J. Simons: Requested a Lighting Plan and lighting schedule.
103 Melissa Markey,3 Woodcliff Road,Andover: Introduce the Coalition,for Merrimack College
104 Smart Growth and provided the Board a handout of her presentation. Expressed the coalition's
105 concern with Merrimack College continuing to build around the neighborhood,effectively
106 surrounding it with students. In 2012 Phase 1 residential units were built with 350 student beds.
107 The concerns about those have become real issues. Requested that the Board take enough time
108 necessary to understand the existing conditions and what it will mean if these units are added to
109 the border of the neighborhood and if possible define what specific actions Merrimack will take
110 to address the concerns and issues that exist today. Stated concerns with police,students in the
111 neighborhood,and noise are not adequately address today.
112 Joanna Reek, 15 Rock Ridge Road: Reviewed a site map highlighting the abutting
113 neighborhood, academic, housing, athletic fields, and undeveloped areas on the Merrimack
114 Campus. The types of existing issues include water sheet flowing off the college property,
115 students in the neighborhoods, noise, grills takes,off back porches. This will be a significant
116 change to the neighborhood. The abutting homes are 1,000— 1,500 sq. ft. single family ranch
117 style homes. There needs to be a physical barrier to prevent deliveries from being made from the
118 Rock Ridge Road side. The students will be walking home from parties at the townhouses
119 through the neighborhood to get to the new buildings. There are alternatives for placement of
120 these buildings. Merrimack College has not responded to requests for their Master Plan, They
121 also, will not discuss alternate locations.
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PLANNING BOARD
Meeting Minutes
August 19, 2014
Town Hall, 120 Main Street
7:00 PM
122 Jeff Rayrnon, 18 Fox hill Road. Andover: Expressed concern with the bulls and size of these
123 buildings in relation to the abutting homes. In addition,the grade will be raised three feet in all
124 area. In 2012 the new dorms were constructed in an area of campus where students already
125 lived. This project takes the design that works internally on campus and positioned in on the
126 neighbors front porch. There is no air conditioning so windows will be open allowing for more
127 noise. The security cameras are on campus only. This forces the students off campus. For
128 students to avoid being on camera they will walk through the neighborhood.
129 Jennifer Ross, 66 Brookfield Road, Andover: The neighborhood suffers from a lot of water
130 problems. Stated major improvements were made to stop water froth getting in her basement.
131 After the 2012 dorms were constructed there was new water in locations that never received
132 water before. The backyard floods. Many of the neighbor's basements flood. Austin Green,
133 location of proposed buildings,floods. There is not enough parking at the college. There are
134 parking restrictions in front of the homes, but people continue park there. This project brings
135 350 additional students, visitors, guests, employees to service the buildings yet the proposal is to
136 remove 56 parking spaces. It does not appear there is enough handicap parking. There are many
137 campus functions for which this location is utilized for overflow parking. The new areas
138 designated for overflow are circumstantial. The dorms that border Fox Hill Road arc in disarray.
139 The buildings are not attractive, the fencing is falling apart, and the landscaping is overlooked.
140 Expressed concern that in a few years this area won't be the focus and will not be as pristine as it
141 looks now.
142 Steven Ross, 66 Brookfield Road, Andover: Andover police archives were researched for crime
143 statistics. The bookings are to the address of 50 Fox Hill Road by the Andover police. Since
144 2012 there have been 37 arrests at this location: two gun charges, five weapons charges, and 10
145 assault charges. The students bring guests an campus. When you bring someone into the
146 community you bring their families as well. Is Merrimack College a smoke free campus? If yes,
147 the students will quickly learn to go to Rock Ridge Road to smoke.
148 Burt Willett, 30 Fox Hill Road: We consider us to be members of both the Andover and N.
149 Andover conununities. The students at Merrimack College are fine. The issue is the growth and
150 the decision to take land in the front of the campus. Architecturally these dorms do not fit in
151 with the surrounding front area. The administration at Merrimack is there for 2-5 years. These
152 dories will be there forever. They will not tell us why they will not consider alternative
153 locations. Expressed concern that the Dover Amendment has taken the town's ability to fully
154 oversee this development. Requested that the Board work with Andover to fight the Dover
155 Amendment. There are definitely alternative locations where these can be put. The easiest way
156 for students to get from the proposed dorms on the Elm St. side to the dorms on the other side is
157 to cut through the neighborhood yards. An academic or administrative building would be much
158 more appropriate for this area.
159 Page, 54 Brookfield Road: The 48"pipe that the college is changing that will go under Elm
160 Street toward a retention pond will connect to a 24"pipe at the retention pond. The retention
161 pond is filled with weeds and not maintained. The man that lives at 200 Elm Street near the
162 pond has health problems with his kids. Half of this house is in Andover and half in N. Andover.
163 The 48"pipe that is being redirected is in N. Andover and the retention pond is in Andover. The
164 pond floods and pictures from the July 19, 2014 will be sent to the Board.
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PLANNING BOARD
Meeting Minutes
August 19, 2014
Town Hall, 120 Main Street
7:00 PM
165 Attorney Mark Bobrowski,Representing Melissa Rivers and other_neighbors: Has this proposal
166 been subject to review by the Town Engineer or outside consultants and will there be an analysis
167 zoning compliance for stormwater,setbacks, landscaping, screening, loading, parking etc.?
168 J. Simons: We have agreed to coordinate with Andover for a single consultant review that would
169 meet the needs of both towns. We are asking for exactly what we would require for any Site
170 Plan Review; a full set of engineering studies all the drainage and related issues are addressed.
171 We haven't received a report yet. Part of the purview of that study is to ensure conformity with
172 Zoning,
173 M. Bobrowski: We will probably engage a peer reviewer of our own, Toni Houston. Requested
174 to be allowed to make a presentation of this reviewer's study.
175 J. Simons: You can work with the Planning Department and Andover's Planning Department to
176 get any information you want.
177 J. Simons: What is your perspective on why you chose to locate the buildings here as opposed to
178 somewhere else?
179 F. Schwarz: There are a variety of reasons and they have discussed at the 5 neighborhood
180 meetings and with the Planning Department. This site offers immediate adjacencies to
181 significant resources on the campus, it is developable land on campus, and other areas are
182 constrained with wetlands and significant parking areas. We have come to the determination that
183 this is the best site to meet the campus needs.
184 Chris Lovett,_VHB: Meters as well as a rain gauge are in place at both retention basins. As each
185 storm occurs we can make sure they are functioning as per the original Master Plan.
186 J. Simons: The comments regarding the architecture and scale of the buildings are fair.
187 Requested that Merrimack College go back and look at those items.
188 P. Boynton: Have Police and Fire commented? What is the jurisdictional purview when a
189 building straddles the property line?
190 F. Schwarz: Both departments attended the Technical Review Committee. The Fire Department
191 was interested in the access and the plan was reviewed. There is a fiilly armed police department
192 on campus. It is very rare for town police to respond to an issue on campus.
193 Torn Urbelis, Town Counsel: This Board as well as the Zoning Board has had experience with
194 the Dover Amendment which is part of the Mass Zoning Act, In short, it says that you can't
195 require some institutions, such as educational institutions, to apply for a Special Permit for Use,
196 but the project may be subject to reasonable regulations. Traditionally, those are in the form of a
197 Zoning Bylaw concerning seven items, known as "the super seven". They are not required to
198 apply for a Special Permit, which the Board has approval and denial authority, This is not
199 something like a Subdivision approval,which the Planning Board can deny. The Board has the
200 opportunity to discuss the project,to discuss changes to the project,make recommendations to
201 the developer, and if appropriate to the Building Conunissioner. The Building Conuiiissioner
202 typically, as the Zoning Enforcement Officer, is the gatekeeper. I believe the Building
203 Commissioner has said the project complies with all of the Zoning, Explained processes for
204 challenging cases under the Dover Amendment, The Dover Amendment doesn't apply to
205 Conservation. There is also regulation of utilities, sewer and water. This Board has jurisdiction
206 over them for Subdivision considerations,but not here. Sewer and water have been discussed
207 with the applicants and abutters. The buildings in N. Andover and Andover are proposed to be
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PLANNING BOARD
Meeting Minutes
August 19, 2014
Town Hail, 120 Main Street
7:00 PM
208 supplied by Andover water and sewer. Explained the process for approval for this to happen.
209 There was a law passed in 1948 that would allow for Merrimack College and Andover to
210 contract with each other to connect to Andover's sewer system. Merrimack College has not been
211 able to provide that contract yet. This 1949 Act only authorizes the college to contract with
212 Andover relating to sewer, not the water. The attorneys for Merrimack College have been asked
213 to provide a copy of any agreement that authorizes the proposed dorni buildings to tic into
214 Andover water system and they have been unable to provide such an agreement. This service
215 has been provided to buildings in N. Andover over the years.
216 L. Rudnicki: Requested a policy be established in regards to fire and police department
217 response. Students should not be relied upon to know if their building in Andover or N.
218 Andover•,
219 F. Schwarz: The North Andover buildings are serviced by North Andover fire department.
220 Campus police respond to on campus calls.
221 27 Rock Ridge Road: Stated that the abutters often experience calling one police department and
222 being told to call the other. Provided an example that occurred involving a car accident on
223 Merrimack campus. Both Andover and N. Andover police departments were called. Merrimack
224 campus police did not respond. It is a legitimate concern to determine who has jurisdiction.
225 Melissa Markey, 3 Woodcliff Road: Stated the neighbors did have a public safety meeting with
226 Merrimack College. Merrimack does have jurisdiction along Fox Hill and Rock Ridge, but not
227 in the center of the neighborhood. A lot of times there is a call to Merrimack and they don't
228 come and then call Andover. Would like the jurisdiction made clearer,
229 F. Schwarz: Merrimack does not have jurisdiction on Andover streets. Stated they are having
230 conversations with Andover police about that.
231 Joanna Reek: The coalition has reached out to Andover police to set tip a neighborhood meeting.
232 F, Schwarz: Stated that they have reviewed the seven point topics related to the Dover
233 Amendment and four of the seven are not applicable to the project site or zoning district. The
234 height of the structures rneets the Zoning Bylaw. There is no requirement associated with bulk.
235 The proposed residential buildings are identical in scale to the recently constructed buildings.
236 The setback requirements are met. 'There is no parking requirement associated with colleges and
237 universities in the Zoning Bylaw,
238 M. Bobrowski: The Dover Amendment does list seven items, but stated lie does not believe the
239 Board is limited to those seven items. Stated cases that issues other than the seven listed were
240 raised. Stated that the seven listed are a guide that the Legislature intended but does not believe
241 the Board is limited to them. Stated the Campbell vs. the city of Lynn case says that when there
242 is a bylaw or ordinance in place and they can comply with it without impairing the integrity of
243 the campus or the utility of the institution they must comply with it.
244 J. Simons: This will be heard again in two weeks.
245
246 DISCUSSION ITEM
247 555 575 Turn rke Street Chestnut'Gieeni Request for.,Site Plan Review Waiver. Proposal to;
248 add 9 parking spaces to the:side of one afthe office bu ldrngs.'3
249; :C..Bellavance Approximately a month ago Steue Stapnski,lylerinriack Engineering,requested,
..250 inforti anon about waiving Site Plan Review for:adding mine parking spaces to the side on:orie of;
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PLANNING BOARD
Meeting Minutes
August 19, 2014
Town Hall, 120 Main Street
7:00 PM
251; the Chestnut Green condominium buildings. This was a:discussion item wmtl the Board and the'
252; Board was not ni favor of a waivei.Without more iriforn ation.'
253` :Steve Staprnskm,Merrimaek Engineering: ;This complex.has a jot of:me and diverse office'
254 j uses with a high demand for parking. The parking sometimes overflows to Hillside:Road,;the::
255' tote Aid parking lot,and unfortunately sometimes along the Rt. 114 right-of way. A turn
256° around was built by the town at the cnd of:Hillside Road The I-I mllsmde Road.right-of-way is a'
157; parallel'rigltt-of-way. The town never to�ik a i�igl t of-way onto Chestnut Green property. They,
258. took an;easernent to allow fora turn-around and at the time Hillside Road was closed off to Rt.
2s9 114. The town created a paved area Wallow for emergency vehrcles to turn ax ourrd on. That'
260 ItYrn-around has posted No Parking;however, cars sometimes l arkherc The proposed nine
261, parking spaces are off of the.edge of pavement and on the Chestnut Green property Reviewed;
262' Bylaw requirements.as they apply to Site Plan Review and Site.Plan Rcview:waivers. Stated he'n
263? does not believe Site Plan Review is even.,'mequired.
264; L.Rudnicki: Tlme Bylaw states that if you}received a Site P1du Special Pc
rimit and then want to:
265; make changes::you need to come back for a Modifiaatroz Youeannot add five and then four the'..
266 next year That would be considered a change to:the approved':site plan This should go through
267 Site Plan Review. There are abutters that have rights,an easement to deal Zvith,and a change to
268 maffrc cXrculat on that we should receive input frown the F, Department on
269 BOARD The'general consensus of the Board was that abutters need`to be notified;and this is
270 subject to.Site Plan Remw.:+;There`should be.a}ublrc hearing on this;
271
272 Open Space Plan Support Letter
273 MOTION
274 A motion was made by D.Kellogg to support the Open Space Plan and send a letter to that fact.
275 The motion was seconded by L. Rudnicki. The vote was unanimous, 6-0 in favor.
276
277 MEETING MINUTES
278 Approval of August 5, 2014 meeting minutes.
279 MOTION
280 A motion was made by L. Rudnicki to approve the August 5, 2014 meeting minutes as amended.
281 The motion was seconded by M. Colantoni. The vote was unanimous, 6-0 in favor.
282
283 ADJOUNMENT
284 MOTION
285 A motion was made by L. McSlierry to adjourn the meeting. The motion was seconded by D,
286 Kellogg. The vote was unanimous, 6-0 in favor.
287
288 The meeting adjourned at 7:25 pin.
289
290 MEETING MATERIALS: Agenda,Appleton Street Map 65 Lot 7: MIMAP aerial view dated
291 8/9/14, Scott Arniondino abutter email dated 8/19/14,ANR Plan dated 5/15/14,Concept Plan
292 Common Driveway dated 3/13/14, Concept Plan D Common Driveway dated 8/13/14, Concept
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PLANNING BOARD
Meeting Minutes
August 19, 2014
Town Hall, 120 Main Street
7:00 PM
293 Plan E Common Driveway dated 8/13/14, Definitive P,R,D. Subdivision Plan for Regency Place
294 dated 4/22/13; 26 Main Street: Letter dated 7/30/14 from Jarnes S. Fairweather re: site plan
295 special permit,As-Built Plan&Profile"Pondview"dated 7/30/14; 1831 Great Pond Road: As-
296 Built Platt for Lot 38 Great Pond Road dated 7/21/14,4 site picttnres dated 8/13/14; Merrimack
297 College: Site Plans North Campus Development dated 7/10/14, email dated 9/13/14 from F.
298 Schwarz re: site markings, letter dated 7/29/14 fi•on3 Robert Lavoie,Esq. Johnson&Borenstein,
299 LLC re: Dover Amendment Analysis for North Campus Development submitted by Merrimack
300 College, letter dated 8/12/14 from Tom Urbelis re: proposed Merrimack College dormitories
301 project Coalition for Merrimack college Smart Growth Proposal for Reconsideration; North
302 Campus Development Presentation submitted and presented 08/19/2014; Chestnut Green: Letter
303 dated 7/29/14 re, Parking Improvements from Stephen E, Stapinski, Site Development Plan of
304 Laud elated 2/7/14,Bung Maps aerial view; Open Space support letter dated 8/19/2014,Draft
30S meeting minutes 08/52014.
8