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HomeMy WebLinkAbout2024-04-08 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES APRIL 8, 2024 Call To Order: Chair Laura Bates called the open meeting to order at 7:01PM in the Select Board Room at Town Hall. Select Board in Attendance: Chair Laura Bates, Janice Phillips, Dave Kres, Vice Chair Rosemary Connelly Smedile and Brian Roache were present. Non-Board Members in Attendance: Deputy Town Manager Denise Casey and Assistant Town Manager Laurie Burzlaff were present. Public Comment None. Root Cause Presentation on the Community Survey for Diversity, Equity and Inclusion Keiran Blizzard and Lucas Orwig were virtually present at the meeting and gave a presentation of their DEI survey results. Ms. Phillips asked if the larger report includes the steps on how to accomplish to reach different segments of the population. Mr. Orwig explained that there are a lot of interesting ideas of what resident suggested for Town Meeting more accessible or making the commission meeting more accessible, but suggest to test ideas with a broader group of residence. Ms. Bates asked how large the working group should be. Mr. Orwig suggested about 15, and less than 20. Ms. Casey suggested about 9 would work better since they used to have 18 so suggesting a small group of individuals. Ms. Smedile asked about allowing zoom meeting so participation can be greater. Mr. Orwig stated that was an idea that was suggested. Mr. Roache asked if the survey participants were all adults or if students were included. Ms. Blizzard stated mainly adults. Mr. Roache asked if 175 responses are significant number for the Town of North Andover’s size. Ms. Blizzard stated it is not significant but it is average for the size of the town. Mr. Roache asked if there were suggestions or ideas about what it means when residents were stating they did not participate in a way that they would like to. Ms. Blizzard stated one idea was to try a different less official location, bring in an interpreter, and to also explore other means of communication. Ms. Bates asked Ms. Casey if their work is complete. Ms. Casey stated yes, now will go into the community to speak with the residents. Ms. Casey mentioned collaborating with the Town Manager to discuss the next steps. Planning Board report for Town Meeting CPC Finances Eitan Goldberg was present at the meeting and gave the recommendations of the Planning Board for Town meeting. Article 3 Authorization to Accept Grants of Easements- Favorable Action Article 4 Authorization to Grant Easements- Favorable Action Article 10 Report of the Community Preservation Committee-Appropriation from Community Preservation Fund- Favorable Action Article 20 Fund Recreation Complex- No Action Article 23 Citizen Petition- Acceptance of a Public Way- Rea Street- Favorable Action, with conservation restriction being obtained Article 24 Citizen Petition- Acceptance of a Public Way- Woodlea Road- Favorable Action Article 25 Citizen Petition-Amend Zoning Bylaw – By adding Article 20 Historic Barn Overlay District- Favorable Action Article 28 Amend Zoning Bylaw – By adding Article 19 MBTA Multi-Family Housing Overlay District- Favorable Action Mr. Roache asked what the argument against making the barn zoning bylaw more widespread for all property owners of barns. Mr. Goldberg stated there may be unintended consequences to opening it up without examining where all of the barns are so they thought best to sample on a smaller set of locations. Ms. Phillips stated the concern with not expanding this out. Ms. Smedile mentioned the possible interest of residents with multiple garages. Mr. Goldberg stated it can always be expanded at a later time. Ms. Phillips asked if it can be stated that could be expanded in the future. Mr. Goldberg stated there 1 NORTH ANDOVER SELECT BOARD MINUTES APRIL 8, 2024 will be a working group to exam in the uses per zoning district. Mr. Roche asked Mr. Goldberg about a Boxford proposing and what do the Planning Board have as rights on behalf of Town to mitigate a potential project. Mr. Goldberg stated it is more of a Town Council question. Ms. Phillips asked over the past five years how much was received through grant programs. Mr. Goldberg stated in recent years approximately $6.2 million. Stevens Pond update and vote on fees for 2024 Rick Gorman was present at the meeting to discuss 2024 Stevens Pond fees. Ms. Bates asked about what the swimming lessons include. Mr. Gorman stated it is $58 for four weeks, four days a week, one-hour lesson. Mr. Roache asked if there is a capacity limit for lessons. Mr. Gorman stated there is typically 20 to 30 children signing up per session. MOTION: Ms. Phillips motioned to set the 2024 fees for Stevens Pond as follows: $81 for Seasonal, $58 for lessons, $14 daily adult pass, $20 second car, $175 nonprofit season pass, $269 for profit season pass, and $35 senior pass. Mr. Roache seconded. Motion approved 5-0. Public hearing for the purpose of laying out Woodlea Road as a public way in accordance with M.G.L. c 82 and refer matter to Planning Board MOTION: Mr. Roache motioned to open the public hearing for purpose of laying out Woodlea Road as a public way in accordance with Massachusetts General Law chapter 82. Ms. Phillips seconded. Motion approved 5-0. Attorney Kate Bargensi of Smolak and Vaughn was present at the meeting on behalf of Woodlea Village Homeowners Trust to discuss the public acceptance in laying out of Woodlea Road as a public way. Attorney Bargensi stated the street acceptance is waiting the conservation restriction with the state that has been applied for and are awaiting review. Attorney Bargensi mentioned that Mr. Goldberg had incorrectly stated Rea Street as having a conservation restriction when it is Woodlea Road that has the conservation restriction waiting to be obtained. MOTION: Ms. Smedile motioned to close the public hearing for purpose of laying out Woodlea Road as a public way in accordance with Massachusetts General Law chapter 82. Mr. Roache seconded. Motion approved 5-0. Public hearing for the purpose of laying out Rea Street as a public way in accordance with M.G.L. c 82 and refer matter to Planning Board MOTION: Mr. Roache motioned to open the public hearing for purpose of laying out Rea Street as a public way in accordance with Massachusetts General Law chapter 82. Ms. Phillips seconded. Motion approved 5-0. Attorney Michael LaRosa was present at the meeting to discuss the public acceptance and laying out of Rea Street as a public way. Mr. Roache asked if it is the newer homes. Attorney La Rosa stated there are seven new homes. Ms. Bates asked what they are conveying. Attorney LaRosa stated their fee interest in the street. Kevin Fluet of 351 Rea Street asked what it means to extend and are they trying to open up the cul-de-sac to make a continuous street. Attorney La Rosa explained the existing street continues and nothing else is being built. MOTION: Ms. Smedile motioned to close the public hearing for purpose of laying out Rea Street as a public way in accordance with Massachusetts General Law chapter 82. Ms. Phillips seconded. Motion approved 5-0. Vote on layout of Woodlea Road as a public way and refer matter to the Planning Board MOTION: Mr. Roache motioned to accept the layout of Woodlea Road as a public way as shown on the layout plan, and declare that public necessity and convenience require the aforesaid way to be laid out and do hereby order and direct that said way be laid out as shown on Plan of Land entitled “Street Layout Plan Woodlea Road, North Andover, MA prepared for Ashwood Companies, Inc. by Gate Consultants, Inc. 33 Forest Hill Ave, Lynnfield, MA dated 7/30/12, Project No.2225, Drawing No. 3519, Scale 1” = 30’” and refer the matter to the Planning Board. Mr. Kres seconded. Motion approved 5-0. 2 NORTH ANDOVER SELECT BOARD MINUTES APRIL 8, 2024 Vote on layout of Rea Street as a public way and refer matter to the Planning Board MOTION: Mr. Kres motioned to accept the layout of Rea Street as a public way as shown on the layout plan and declare that public necessity and convenience require the aforesaid way to be laid out and do hereby order and direct that said way be laid out as shown on Plan of Land entitled “Street Acceptance Plan, Rea Street, North Andover, MA, prepared for LRC Builders, 475 Boston Road, Billerica, MA 01821 by Ranger Engineering Group, Inc. 13 Red Roof Lane, Suite 203, Salem, NH 03079; dated 1/25/24, Scale 1”=50’”, and refer the matter to the Planning Board. Ms. Smedile seconded. Motion approved 5-0. (out of order) Re-open Public hearing for the purpose of laying out Rea Street as a public way in accordance with M.G.L. c 82 and refer matter to Planning Board MOTION: Mr. Roache motioned to re-open the public hearing for purpose of laying out Rea Street as a public way in accordance with Massachusetts General Law chapter 82. Ms. Smedile seconded. Motion approved 5-0. Beth Williamson of 356 Ray Street stated the map included in the agenda does not include the cul-de-sac, but rather it shows it without it. Mr. Roache stated the map shows parcels of land. Attorney LaRosa stated the plan in question shows only parcels before any improvements were made. Ms. Williamson asked if the street is being taken over by the Town or what is the intent. Jean Enright, Planning Director, stated it is the acceptance of the roadway. Ms. Williamson asked if the end of the street is including the wooded area. Ms. Enright stated yes, it could be opened up in the future, but as of now the wooded area will not be developed. Carlos Restrepo of 29 North Cross Rd. asked if this acceptance is the final acceptance or does it still need to go to Town Meeting. Ms. Bates explained this is just for the Select Board recommendation, it will still go before Town Meeting. MOTION: Ms. Smedile motioned to close the public hearing for purpose of laying out Rea Street as a public way in accordance with Massachusetts General Law chapter 82. Mr. Roache seconded. Motion approved 5-0. Citizen Petition- Amend Zoning Bylaw – By adding Article 20 Historic Barn Overlay District James Worden was virtually present at the meeting to discuss the amendment of the zoning bylaw by adding Article 20 Historic Barn Overlay District. Mr. Worden explained that the article is to keep the look of rural look and feel of the area. Mr. Worden mentioned this overlay would allow the homeowner to rent their barn to make use the historic barn. Mr. Kres asked Mr. Worden how broadly is barn being defined as related to the overly district. Mr. Worden stated it is an agricultural building that has proven use as an agricultural building in the whole confines of the Old Historic District Commission. Mr. Goldberg gave the definition of over 50 years old, remains sufficient integrity of design, materials, and construction to clearly identify the barn as an agricultural building. Ms. Bates asked Mr. Goldberg if there are any size restriction. Mr. Goldberg stated he is not aware of that but cannot be a new structure. Mr. Kres asked if this would affect the Old Historic District Commissions or is it parallel. Mr. Goldberg stated parallel, but this is just for the interior. Ms. Bates asked if someone wants to go this path what needs to be done. Mr. Goldberg stated to go to the Building Inspector first then to Planning Board for a special permit. Citizen Petition- Amend General Bylaw 160-1 and 160-2 Pat Hennessey of 636 Chickering Rd. was present at the meeting explaining the request for residential trash removal in the condominium complex. Ms. Smedile asked if Brookside is a PUD. Mr. Hennessey replied that it is a PUD. Ms. Phillips asked how many other complexes in the town will be affected. Mr. Stanford was present at the meeting and explained the bylaw was put into place over 30 years ago. Mr. Stanford stated many complexes have been asking for it for years and feels if changing for one complex, it opens the door for the other complexes and there is a cost associated with the change. LICENSING 3 NORTH ANDOVER SELECT BOARD MINUTES APRIL 8, 2024 MOTION: Ms. Smedile motioned to open a meeting of the North Andover Licensing Commission. Mr. Roache seconded. Motion approved 5-0. (out of order) Application from Stephen Dixon of Stevie’s On Main LLC d/b/a Boston Chowda Co. for a common victualler license at 109 Main Street MOTION: Mr. Kres motioned to approve the application from Stephen Dixon of Stevie’s On Main LLC d/b/a Boston Chowda Co. for a common victualler license at 109 Main Street. Ms. Smedile seconded. Motion approved 5-0. Application from North Andover Country Club for change of officers/directors/LLC Managers MOTION: Mr. Kres motioned to approve the application from North Andover Country Club for change of officers/directors/LLC Managers. Ms. Bates seconded. Motion approved 5-0. Application from North Andover Country Club for change of officers/directors/LLC Managers MOTION: Mr. Kres motioned to approve the application from North Andover Country Club for change of officers/directors/LLC Managers. Ms. Bates seconded. Motion approved 5-0. Application for renewal of second hand dealer license from Crestina Braga Ferreira-Arruda of AvaMoon Vintage Antiques, 67 Main Street MOTION: Ms. Phillips motioned to approve the application for renewal of a second hand dealer license from Crestina Braga Ferreira-Arruda of AvaMoon Vintage Antiques, 67 Main Street. Mr. Kres seconded. Motion approved 5-0. Application from Paul Gallant of Merrimack College for a one day wine and malt liquor license for a Senior BBQ/Beer Garden event on Saturday, April 27, 2024 from 11:00AM to 3:00PM MOTION: Mr. Kres motioned to approve the application from Paul Gallant of Merrimack College for a one day wine and malt liquor license for a Senior BBQ/Beer Garden event on Saturday, April 27, 2024 from 11:00AM to 3:00PM. Ms. Smedile seconded. Motion approved 5-0. MOTION: Ms. Phillips motioned to close a meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. (out of order) Confirm 6:30PM start time for Town Meeting MOTION: Ms. Phillips motioned to set the start time for Town Meeting as 6:30PM on May 14, 2024. Mr. Roache seconded. Motion approved 5-0. Town meeting warrant recommendations Articles 1-4 MOTION: Mr. Roache motioned to recommend FAVORABLE ACTION on Articles 1-4. Mr. Kres seconded. Motion approved 5-0. Article 6 MOTION: Ms. Phillips motioned to recommend FAVORABLE ACTION on Article 6. Mr. Roache seconded. Motion approved 5-0. Article 28 4 NORTH ANDOVER SELECT BOARD MINUTES APRIL 8, 2024 MOTION: Mr. Roache motioned to recommend FAVORABLE ACTION on Article 28. Ms. Phillips seconded. Motion approved 5-0. Confirm School Committee recommendation for appointment for Kittredge School Building Committee MOTION: Mr. Kres motioned to appoint the chair of the School Committee, Dave Brown, to the Kittredge School Building Committee. Mr. Roache seconded. Motion approved 5-0. Consent Items A. Accept donation in the amount of $51,930.00 from the Friends of North Andover Senior Center MOTION: Ms. Phillips motioned to accept the consent item. Ms. Smedile seconded. Motion approved 5-0. Approval of Open Session Minutes of March 25, 2024 MOTION: Mr. Roache motioned to approve the minutes of March 25, 2024 as presented. Ms. Phillips seconded. Motion approved 4-0-1. SELECT BOARD UPDATES - Ms. Smedile spoke about the excellent Vietnam Veterans Memorial ceremony with a special thanks to Dave Rand - Ms. Phillips mentioned attending the grand opening of Amazon - Ms. Phillips congratulated the North Andover Robotics team - Mr. Roache mentioned the website reveal on 4/9 and the official launch after Town Meeting - Ms. Bates mentioned that Kittridge School has signed with a designer TOWN MANAGER UPDATES Upcoming Meetings, Events and Deadlines -Excise bills were due on March 14. Demand fees will be added on April 10. -Town wide clean-up day is April 21 from 9-1 -Hazardous waste day is April 20 from 9-1 -North Andover Housing Production Plan Virtual Info Session on April 17 from 6 to 7:30 Announcements -Cyr Center is opening on April 1. Stickers for sale on March 20. -Lake usage permits are available on April 10 at 8 AM. Financial -Working with schools to better understand their current deficit and to assist them in ways to offset. Employee Updates -Special thank you to Veterans Director Joseph Leblanc and Assistant Director Jillian Kemp on their amazing Vietnam Veterans event. -Currently hiring for Treasurer Department Assistant and Assessing 5 NORTH ANDOVER SELECT BOARD MINUTES APRIL 8, 2024 Department Assistant. -Kudos to Rick Gorman and Demi Marsh on another successful Summer Fun sign up. Capital Updates -Starting 4/1/24, work will begin on replacing the curbing along Middlesex Street and Edmands Road with new sloped granite curbing and then preparing the sidewalk and road surfaces for restoration along the following roadways: Edmands Road, Morris Street, Middlesex Street, 2nd Street, 3rd Street, Milton Street, Richardson Avenue, and Pilgrim Street. -Middle School- framing continues, retaining wall being built and sprinklers installed Town Meeting -Kittredge School design funds will be removed from this year’s Town Meeting and will be inserted further down in the capital plan. Summary Updates -Planning Board voted to unanimously support the MBTA Communities Legislation. I would like to personally thank them as well as Jean Enright and Andrew Shapiro for their exceptional work. There is a new website for educational purposes and it can be found here: https://www.northandoverma.gov/planning/pages/mbta-communities-multi-family-zoning ADJOURNMENT MOTION: Mr. Roache made a MOTION, seconded by Ms. Smedile, to adjourn the Select Board meeting at 9:15PM. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ David Kres Clerk of the Board Documents used at meeting: Application for request for Baseball Parade DEI Presentation Licensing Applications Memorandum of Stevens Pond Fees Memorandum of Public Hearings Warrant Articles Consent Item Open Session Minutes Town Manager’s Report Summary 6