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HomeMy WebLinkAbout2025-03-31 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 Call To Order: Chair Brian Roache called the open meeting to order at 7:05PM in the Select Board Room located at 120 Main Street North Andover. Select Board in Attendance: Chair Brian Roache, Janice Phillips, Laura Bates, Clerk Rosemary Smedile and David Kres were present Non-Board Members in Attendance: Town Manager Melissa Murphy-Rodrigues, Deputy Town Manager Denise Casey, and Assistant Town Manager Laurie Burzlaff were present. PUBLIC COMMENT Leslie Frazer, Head of Friends of Patriots Memorial Park, expressed her concern with the lack of public input regarding the new memorial design and the objections that have been expressed to her about the new design. Jeff Clark, Commander of the VFW, provided clarification on why the new memorial design has changed. Dave Swarbrick of 14 Perry Street expressed the importance of the new memorial and asked the Select Board to approve their current design. David Hruban of 265 Hay Meadow Road expressed that fallen Veterans deserve to have a memorial put up that has been designed by their friends. Joseph LeBlanc, District Director of Veteran Services, expressed that the memorial's design is thoughtful and educational. Anne Armitage of the Patriotic Observance Committee discussed how the aesthetics of memorials have changed over the years. Kevin Hocker expressed his support for the memorial and its design for the Veterans who sacrificed so much. NEW BUSINESS MOTION: Ms. Bates motioned to open the public hearing for the petition from Massachusetts Electric d/b/a National Grid and Verizon New England, Inc. to install/relocate poles, wires, and fixtures, including necessary sustaining and protecting fixtures, along and across Mill Road. Mr. Kres seconded. Motion approved 5-0. PUBLIC HEARING - Pole Petition from National Grid to install/relocate poles on Mill Road David Boucher from National Grid was present. Mr. Boucher stated they are requesting a pole relocation for an existing pole and an additional pole. Mr. Boucher stated the pole relocation will be the pole on the corner of Turnpike Street, Mill Road, and Willow Street. Mr. Boucher stated they are requesting to move pole #2076 approximately 8ft away from the road and 2ft towards Turnpike Street. Mr. Boucher stated the additional pole they are requesting is 2077-50. Mr. Boucher stated this pole would be to support lines going down Mill Road. MOTION: Mr. Kres motioned to close the public hearing for the petition from Massachusetts Electric d/b/a National Grid and Verizon New England, Inc. to install/relocate poles, wires, and fixtures, including NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 necessary sustaining and protecting fixtures, along and across Mill Road. Ms. Phillips seconded. Motion approved 5-0. Vote on pole petition from National Grid to install/relocate poles on Mill Road Ms. Bates asked if pole#2076 is being slightly moved. Mr. Boucher stated yes, up the driveway, which is still in the public way. Mr. Boucher stated once the utility wires are transferred the old pole will be removed. Ms. Bates asked what the blue dot was. Mr. Boucher stated pole 2077-50 is a support pole. Mr. Boucher stated pole 2076 is the pole being moved. Ms. Bates asked about pole 2077. Mr. Boucher stated it is an existing pole. Mr. Roache asked regarding the eleven orders of conditions that they sign off on, are they following up with the building department and DPW. Ms. Murphy-Rodrigues stated most of the conditions are under DPW, and they make sure when they pull permits to do the work that they comply with all of that including trench work. MOTION: Ms. Bates motioned to approve the petition from Massachusetts Electric d/b/a National Grid and Verizon New England, Inc. to install/relocate poles, wires, and fixtures, including necessary sustaining and protecting fixtures, along and across Mill Road. Ms. Phillips seconded. Motion approved 5-0. Community Preservation Committee recommendations for Town Meeting William Callahan, CPC Chair, was present. Mr. Callahan presented the project recommendations for FY26. Mr. Callahan stated the CPC voted to recommend 15 projects for consideration. Mr. Callahan discussed an overview of each project. Mr. Callahan stated the open space project is 470 Johnson Street. Mr. Callahan stated with the lack of field space it was seen as priority for an open space. Mr. Callahan stated in terms of recreation projects, the big project is the tennis courts at the high school. Mr. Callahan stated they recommended this project with conditions about out of hours usage by the public. Mr. Callahan stated the next recreation project was the Windrush Farm trails. Mr. Callahan stated this would be$15,000 to do markings on the trails. Mr. Callahan stated they approved the Patriots Memorial Park global war and terror memorial subject to the findings of Town Counsel. Mr. Callahan stated they do have concerns; through the CPA acts, they are not supposed to create new historic monuments with CPA funds. Mr. Callahan discussed historic preservation. Mr. Callahan discussed the Parson Barnard House Insulation and the Johnson Cottage Insulation. Mr. Callahan stated they want to ensure the envelope of the houses were strong and airtight enough to protect the historic nature. Mr. Callahan stated the CPC approved both of those projects. Mr. Callahan discussed the historical home repair. Mr. Callahan stated the Historical Commission agreed to run the program. Mr. Callahan stated the CPC recommended $25,000 of funding for that project. Ms. Bates asked if it would be restricted to exterior renovations. Mr. Callahan stated yes. Ms. Bates asked if they were limiting the funds per house. Mr. Callahan stated yes but also who has the greatest need for these funds. Ms. Phillips asked if there would be income guidelines. Mr. Callahan stated they would want to keep it open for people but also have some sort of income limitation. Ms. Phillips asked if it is possible that they come back to the Select Board to see what the parameters are. Ms. Murphy-Rodrigues stated yes. Ms. Murphy-Rodrigues stated they would need a grant application process and a grant agreement. Ms. Phillips asked if there is an administrative cost for the town. Ms. Murphy-Rodrigues stated yes. Mr. Callahan discussed Cochichewick Lodge. Mr. Callahan stated the building meets the criteria, and it is historic. Mr. Callahan stated they are asking for funds to replace their roof in the amount of$30,000. Mr. Callahan stated one of the committee's conditions was that the youth center could use it two afternoons a week for their academic programs. Mr. Callahan stated another condition is that the town would get a first right of refusal to buy the lodge if it were for sale. Ms. Phillips asked if they would ever allow use of the lodge for community programs without charging a fee. Mr. Callahan stated they were open to doing things for free, and they have talked about reduced costs. Mr. Roache asked what the thought was behind the claw back provision if the building is sold NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 any time in the next ten years. Mr. Callahan stated the claw back was on the funds. Mr. Callahan discussed the Atkins Gate. Mr. Callahan stated they only concern they had was they did put money in to fix the roadway which is not allowable under historic preservation therefore, they would have to do that with their own funds. Ms. Phillips asked if each of these projects needed to go through a bidding process. Mr. Callahan stated no because they are private. Ms. Murphy-Rodrigues stated it depends on the project, but that would go into their grant agreement. Ms. Murphy-Rodrigues stated if you are using public funds, there are times where they do have to follow purchasing. Mr. Callahan discussed second burial ground tomb restoration. Mr. Callahan stated they did start phase 1. Mr. Callahan stated they discovered an additional series of tombs that need to be fixed. Mr. Callahan discussed the historic master plan implementation part 1. Mr. Callahan stated these funds are for a consultant to map all of the sites that need to be preserved. Mr. Callahan discussed the Stevens Estate Stables. Mr. Callahan stated the next phase of work is sealing the building to ensure it is more watertight. Mr. Callahan discussed the affordable housing trust home repair fund. Mr. Callahan discussed the Fountain Drive acquisition. Ms. Bates asked if that was the same process where they would have to do grant applications for repairs. Ms. Burzlaff stated yes. Mr. Roache asked if they had a sense of what the demand was. Ms. Burzlaff stated not at this point. Mr. Roache asked if this can only go to homes that were acquired with CPC funds. Ms. Buzlaff stated no because they are putting a lean on the property. Mr. Callahan stated every year, they set aside $50,000 for administrative expenses. Mr. Callahan stated next year, they are going to try and change the process to make it a two-stage application process. Ms. Bates asked what next steps would be for the Johnson Street project. Ms. Murphy-Rodrigues stated it would just be an open space project. Mr. Roache asked if the committee would still have been in support of the acquisition if they thought it was not going to be fields. Mr. Callahan yes, the committee was supportive of protecting it for protection's sake. Ms. Bates asked what the next steps are for the memorial for Patriots Memorial Park. Ms. Murphy-Rodrigues stated they still need to come back before the Board for final design approvals. Ms. Murphy-Rodrigues stated they also put in an earmark for this project. Planning Board presentation of warrant articles Eitan Goldberg, Planning Board Chair, and Jean Enright were present. Mr. Goldberg presented the zoning articles. Mr. Goldberg stated the first article is to amend the zoning bylaw for an accessory dwelling unit. Mr. Goldberg stated there are certain requirements from the State, and they took those and incorporated them into a bylaw. Mr. Goldberg stated accessory dwelling units, that are basically in-law apartments, have their own entrance, are self-contained housing units, and are not allowed to be larger in gross floor area than either half the gross floor area of the principal dwelling or 900 square feet, whichever is smaller. Mr. Goldberg stated they set up the bylaw so that there are a couple of different types of ADUs: either within the home or attached to the home. Ms. Bates asked if they could be separate. Mr. Goldberg stated yes, but they have different rules. Mr. Goldberg stated if it is detached, it will go by limited site plan review. Mr. Goldberg stated it is a possibility that it would have more of an impact on neighbors. Ms. Phillips asked if that could condition aesthetics. Mr. Goldberg stated no. Mr. Goldberg stated they have some design guidelines of what they would like, but they cannot mandate it. Mr. Goldberg stated if they have a multi-family home, they are still allowed to have an ADU. Ms. Phillips asked if it is for the whole structure or for each unit. Mr. Goldberg stated that is what they put in their bylaw, but it does not have to be; the State says they can have multiple by special permit. Ms. Bates asked if you have a traditional two-family home, can you build up. Mr. Goldberg stated yes as long as it is within the height limits of the district. Mr. Roache asked regarding dimensional requirements of an ADU, is that the unit or the whole structure. Ms. Enright stated the unit. Mr. Goldberg discussed the ADU restrictions. Mr. Roache asked if it could be in your front yard as long as it meets the dimensional requirements. Ms. Enright stated as long as they meet the setback required, which is 30 feet in the residential zone. Ms. Enright stated they know there are former family suites that are being operated as an ADU so they asked the owners to come in to make it in accordance with the new definition of an ADU. Ms. Phillips asked what would be some of the reasons it is not in compliance. Ms. Enright stated if the NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 person that was permitted to live in that unit no longer lives in that unit. Mr. Roache stated that a number of these provisions are expiring July 1, 2028. Mr. Goldberg stated that is the family suite bylaw. Mr. Roache asked if someone builds a family suite in the next few years does that provision sunset presumably as it sunsets their enforcement. Mr. Goldberg stated there really is no enforcement right now so it would not change. Mr. Roache stated why not sunset it now. Mr. Goldberg stated there were a few people who mentioned they were interested in building family suites and still wanted that option. Mr. Goldberg discussed the bylaw of limited site plan review. Mr. Goldberg stated it takes what they have now in the bylaw and incorporates the ADU use into that. Mr. Roache asked what the difference of a short-term rental. Mr. Goldberg stated 30 consecutive days or less. Mr. Kres asked how broadly is attached defined. Ms. Enright stated they would have to defer to the building commissioner. Mr. Goldberg stated their definition of attached is being physically combined with the initial building. Ms. Bates asked if there were parking requirements. Mr. Goldberg stated one space per ADU. Ms. Bates asked if they are a two-family home, and they build on top, is that going to put them into the commercial code. Ms. Enright stated yes, if they have three or more unis it becomes commercial. Mr. Goldberg discussed the flood plain amendment, which they do about every two years as FEMA updates the flood maps. Mr. Goldberg discussed the historic barn. Mr. Goldberg stated they had to make amendments to how the applications were handed in. Ms. Phillips asked how many people have taken advantage of that opportunity. Ms. Enright stated only the one who brought it forward last year. FY25 School budget deficit update Superintendent Pamela Lathrop and Gail Dowd, Schools interim Finance Director, were present. Ms. Lathrop stated they are projecting a budget deficit of$4,083,000, which is a$570,000 increase from what they had been reporting. Ms. Lathrop stated they were able to identify that this did come from the FY26 budget that they created. Ms. Lathrop stated there were some projected costs that were not put forth. Ms. Lathrop stated there were two drivers: special education expenses and unanticipated costs of rodent infestation treatment. Ms. Lathrop stated they did not include spring coaching stipends. Ms. Lathrop stated in FY25 they had greater substitute needs due to unanticipated leave of absences. Ms. Lathrop stated there is a funding plan that has been put forth. Ms. Lathrop discussed the different ways to cover the deficit. Ms. Lathrop stated they do believe that FY26 is sufficient. Ms. Phillips asked if going forward they are going to account for those things that were not anticipated. Ms. Dowd stated they include placeholders, but it is a fluid approach, and it was a delicate balance to include an amount for the ones that they saw on their radar. Ms. Phillips stated the need for rodent infestation treatments is probably going to be ongoing. Ms. Lathrop stated they do have a preventive plan in place as opposed to an emergency. Mr. Roache asked how spring coaching stipends are unanticipated. Ms. Dowd stated there is a distinction between whether they knew they were going to happen and not being included in the projections being prepared. Ms. Dowd stated the lion share for these has been the unanticipated number of students receiving additional services. Ms. Dowd stated they are applying for extraordinary relief through the circuit breaker program. Ms. Phillips asked in a year or two do they anticipate being able to accommodate some of those students in the district. Ms. Lathrop stated yes. Ms. Lathrop stated in FY25, they have vacancies they do try not to fill those positions. Mr. Roache asked at this point, do they feel like this is it. Ms. Dowd stated they do feel like they have taken a very hard look at everything, but cautions the hardest area to anticipate is special education. Mr. Roache asked at this point in the school year, could they still have students come in district or go out of district from a special education standpoint. Ms. Lathrop stated there could be an emergency situation where a student would have to go out of district. Ms. Dowd stated there is always an off chance of 45 day placements where a student could go from a less restrictive to a more restrictive setting. Ms. Bates asked regarding extraordinary relief, does North Andover have an exceptionally high amount of out of district placements. Ms. Dowd stated it is a funding mechanism; if the cost exceeds more than 25% of the prior year they are able to submit a claim. Mr. Roache asked if there is a process in place for leave of absences. Ms. Lathrop stated if it is something the employee knows is going to happen, but if someone falls ill and is not able to work those things come up that they do not know NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 about. Mr. Roache asked if that is separate from a medical reason that may have insurance coverage. Ms. Dowd stated no, this is where an individual is out and still utilizing their sick time, they would have to bring someone in to cover. Ms. Dowd stated there are instances where they are paying two salaries. Ms. Murphy-Rodrigues stated the Finance Committee has not voted on the reserve transfer. Ms. Bates asked if the warrant article was up to an amount. Ms. Murphy-Rodrigues stated yes, it is open ended. OUT OF ORDER: LICENSING MOTION: Ms. Phillips motioned to open a meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. Application from the Trustees of Stevens Coolidge Place for an annual entertainment license at 153 Chickering Road Pilar Garro, Director at Stevens Coolidge, was present. Ms. Garro stated the application is for their Spring Blooms event. Ms. Garro stated they are doing about four days of this, and they will do something similar again in the summer. Ms. Garro stated the times are 5pm-8pm. Ms. Garro stated they will have vendors selling crafts. Ms. Phillips asked if this would include the winter lights. Ms. Garro stated they are not doing winter lights this year. Mr. Roache asked if they were doing the pumpkin walk. Ms. Garro stated they did not do that this past year. Ms. Garro stated they are planning an event at Ward for the 250th American Revolutionary anniversary. MOTION: Mr. Roache motioned to approve the license application for the Trustees of Stevens Coolidge Place at 153 Chickering Road with the amendment that the hours of entertainment be ended by 8:OOpm all seven days of the week. Ms. Phillips seconded. Motion approved 5-0. MOTION: Ms. Phillips motioned to close the meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. OUT OF ORDER: Request to use Town Common on July 4, 2025 from 11:OOAM-12:30PM for the reading of the Declaration of Independence MOTION: Ms. Phillips motioned to approve the use of the Town Common on July 4, 2025 from 11:OOAM to 12:30PM for the reading of the Declaration of Independence. Ms. Kres seconded. Motion approved 5-0. OUT OF ORDER: Vote on release appraisal for Johnson Street MOTION: Ms. Phillips motioned to approve the release of the appraisal for 470 Johnson Street. Ms. Bates seconded. Motion approved 5-0. OUT OF ORDER: Request of Poet Laureate to use the Town Common on May 3, 2025 (rain date May 10, 2025) from 12:OOPM-4:O013M for the Anne Bradstreet Poetry Contest Award Day MOTION: Ms. Phillips motioned to approve the request of Poet Laureate to use the Town Common on May 3, 2025 (rain date May 10, 2025) from 12:OOPM-4:OOPM for the Anne Bradstreet Poetry Contest Award Day. Ms. Smedile seconded. Motion approved 5-0. NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 Town Meeting Warrant article recommendations Article 1. Ms. Murphy-Rodrigues stated the town bylaws require them to accept the reports of all committees and departments that spend money. MOTION: Ms. Phillips motioned to recommend FAVORABLE ACTION on Article 1. Ms. Bates seconded. Motion approved 5-0. Article 2. Ms. Murphy-Rodrigues stated Article 2 is permission for herself and Superintendent Lathrop to sign three-year contracts. MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Article 2. Ms. Phillips seconded. Motion approved 5-0. Article 3. Ms. Murphy-Rodrigues stated Article 3 gives the Select Board the authority to grant easements. MOTION: Ms. Phillips motioned to recommend FAVORABLE ACTION on Article 3. Ms. Bates seconded. Motion approved 5-0. Article 4. Ms. Murphy-Rodrigues stated Article 4 gives them the ability to accept easements. MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Article 4. Ms. Smedile seconded. Motion approved 5-0. Article 5. Ms. Murphy-Rodrigues stated Article 5 is unpaid bills. Ms. Murphy-Rodrigues stated they do not have to take a vote, and she will let them know if any unpaid bills come up. Article 6. Ms. Murphy-Rodrigues stated Article 6 is the salaries of the elected. MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Article 6. Ms. Bates seconded. Motion approved 5-0. Article 7. Ms. Murphy-Rodrigues stated Article 7 is the capital plan. Ms. Murphy-Rodrigues discussed the changes to the capital plan. MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Article 7. Ms. Smedile seconded. Motion approved 5-0. Article 8. Ms. Murphy-Rodrigues stated Article 8 is the Water Department CIP. MOTION: Ms. Phillips motioned to recommend FAVORABLE ACTION on Article 8. Ms. Bates seconded. Motion approved 5-0. Article 9. Ms. Murphy-Rodrigues stated Article 9 is CPC. Ms. Murphy-Rodrigues stated she recommends that they hold on this one. Article 10. Ms. Murphy-Rodrigues stated Article 10 is on revolving funds. NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Article 10. Ms. Phillips seconded. Motion approved 5-0. Article 11. Ms. Murphy-Rodrigues stated Article 11 is the general fund budget. MOTION: Ms. Bates motioned to recommend FAVORABLE ACTION on Article 11. Ms. Phillips seconded. Motion approved 5-0. Article 12-13. Ms. Murphy-Rodrigues stated Articles 12 and 13 are the water and sewer enterprise funds. MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Articles 12-13. Ms. Phillips seconded. Motion approved 5-0. Article 14. Ms. Murphy-Rodrigues stated Article 14 is the special education stabilization transfer. MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Article 14. Ms. Bates seconded. Motion approved 5-0. Article 15. Ms. Murphy-Rodrigues recommended waiting to take a position on Article 15 until they have heard from the citizen petition. Ms. Murphy-Rodrigues stated Article 15 is dissolving the special education stabilization account. Article 16. Ms. Murphy-Rodrigues recommended they wait to report at Town Meeting so they have a final number. Ms. Murphy-Rodrigues stated Article 16 is the general fund adjustment. Article 17. Ms. Murphy-Rodrigues recommended they wait to report at Town Meeting in the hopes they may not need this article. Article 18. Ms. Murphy-Rodrigues stated Article 18 is the annual OPED transfer. MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Article 18. Ms. Phillips seconded. Motion approved 5-0. Article 19. Ms. Murphy-Rodrigues stated Article 19 is a place holder for snow and ice. Ms. Murphy-Rodrigues recommends reporting at Town Meeting on this in the hopes that they may be able to absorb some of that into the budget. Article 20. Ms. Murphy-Rodrigues stated Article 20 is the annual transfer to stabilization. MOTION: Ms. Bates motioned to recommend FAVORABLE ACTION on Article 20. Ms. Phillips seconded. Motion approved 5-0. Article 21. Ms. Murphy-Rodrigues stated Article 21 is a transfer into the capital stabilization fund. MOTION: Mr. Kres motioned to recommend FAVORABLE ACTION on Article 21. Ms. Bates seconded. Motion approved 5-0. Articles 22-24. Ms. Murphy-Rodrigues stated Articles 22-24 are about the accessary dwelling. Mr. Roache asked if these are separate articles to amend different sections of the zoning bylaw. Ms. Murphy-Rodrigues NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 stated yes. Ms. Murphy-Rodrigues stated it would be fine to leave these and wait until the Planning Board votes. Articles 27-28. Ms. Murphy-Rodrigues stated Articles 27-28 are the two citizen petitions. Ms. Murphy-Rodrigues stated they are both attending the next Board meeting so she recommends waiting to vote. CONSENT ITEMS A. Accept donations to the Youth Center B. Accept donations to the Senior Center C. Accept donations to the Festival Committee for sheep shearing in the amount of$1,055.00 MOTION: Ms. Phillips motioned to accept all consent items. Ms. Smedile seconded. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF MARCH 13, 2025 MOTION: Mr. Kres motioned to approve the Open Session minutes of March 13, 2025 as presented. Ms. Smedile seconded. Motion approved 5-0. SELECT BOARD UPDATES Mr. Roache recited the Proclamation for Armenian Genocide Remembrance Day. Ms. Smedile wished people a Happy Passover. Mr. Roache thanked the staff for election day. TOWN MANAGER'S REPORT Ms. Murphy-Rodrigues mentioned that Town Meeting is May 13, 2025. Ms. Murphy-Rodrigues mentioned Town Cleanup Day on April 13, 2025. Ms. Murphy-Rodrigues mentioned a low cost rabies clinic on April 11, 2025. Ms. Murphy-Rodrigues mentioned Hazardous Waste Day on April 19, 2025 from 9am-1 pm. Ms. Murphy-Rodrigues mentioned that High School Cleanup Day is April 13, 2025. Ms. Murphy-Rodrigues reminded everyone of the FAQs, and that they are being updated. Ms. Murphy-Rodrigues thanked the Town Clerk and all of the election staff for their hard work on election day. ADJOURNMENT MOTION: Mr. Kres made a MOTION, seconded by Ms. Smedile to adjourn the Select Board meeting at 9:05PM. Motion approved 5-0. Respectfully submitted, Nicole Civitarese Executive Assistant NORTH ANDOVER SELECT BOARD MINUTES MARCH 31, 2025 Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting Presentations Application Draft warrant Memorandum Donations Petition Minutes from 3/13/25 Town Manager Report