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HomeMy WebLinkAbout2025-04-28 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES APRIL 28, 2025 Call To Order: Chair Brian Roache called the open meeting to order at 7:OOPM 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 None. LICENSING MOTION: Ms. Smedile motioned to open a meeting of the North Andover Licensing Commission. Mr. Kres seconded. Motion approved 5-0. MOTION:Ms. Smedile motioned to open the Public Hearing to determine whether North Andover Restaurant, Inc. d/b/a Rolf's has violated certain provisions of Massachusetts General Laws (M.G.L.) and the Alcoholic Beverages Regulations for Licenses Issued in the Town of North Andover. Mr. Kres seconded. Motion approved 5-0. PUBLIC HEARING-to determine whether North Andover Restaurant, Inc. d/b/a Rolf's has violated certain provisions of Massachusetts General Laws (M.G.L.) and the Alcoholic Beverages Regulations for Licenses Issued in the Town of North Andover Ms. Bates discussed the exhibits provided for the hearing. Officer Logan and Officer Brush were present to discuss the overview of the police report. Officer Brush discussed that the Police Department received a call from an individual who was struck in the head with a bottle. Officer Brush stated the victim was asked for identification, which showed him to be 19 years of age. Officer Brush stated the victim did provide this same identification at the door upon entering Rolf's. Officer Brush stated he went to the hospital to speak with the victim further. Ms. Smedile asked if anyone knew who the assailant was. Officer Brush stated no. Officer Brush stated that Detective Gordan went to Rolf's for security camera footage. Officer Brush stated it was reported that the security camera footage was no longer working and has not worked since 2024. Mr. Roache stated it appears the victim did not want to press charges. Officer Brush confirmed. Mr. Roache asked if the victim stated why they called North Andover Police Department; was it for medical treatment. Officer Brush stated yes. Mr. Roache asked if he interviewed any other patrons in the bar that night. Officer Brush stated no. Mr. Roache asked if it appeared that the victim was overserved. Officer Brush stated no. Mr. Kres asked if he confirmed that the victim had been served at Rolfs that night. Officer Brush stated yes. Mr. Kres asked if he had asked the victim if he had been to Rolf's before. Officer Brush stated no. Ms. Bates asked if they knew what caused the altercation. Officer Brush explained what the victim reported to him as the possible reason. Mr. Roache asked if the assault occurred inside. Officer Brush stated yes. Mr. Roache asked if there are tools used to spot fake IDs. Officer Brush stated yes. Mr. Roache asked if there was one present at Rolf's that night. Officer Brush stated no. Ms. Smedile asked if the assailant had Massachusetts plates. Officer Brush stated the assailant was picked up by a white Audi with Massachusetts plates. Ms. Bates asked if the victim had a Massachusetts license or out of state. Officer Brush stated Massachusetts license. Mr. Roache asked if the cameras on the premises were working. Officer Brush stated no. Mr. Roache asked if they require cameras for all the Town licensees. Ms. Murphy-Rodrigues stated they have NORTH ANDOVER SELECT BOARD MINUTES APRIL 28, 2025 had cameras as a condition on this license in the past. Officer Logan discussed his report of the incident. Officer Logan stated no one at Rolf's could access the security camera footage. Officer Logan stated both doormen stated they had witnessed the assault and escorted the assailant out of the bar. Officer Logan stated both doormen stated they did not contact emergency services. Officer Logan reported the cameras had not been working since July of 2024. Mr. Kres asked if they asked the doormen why they had not reported the assault. Officer Logan stated he believes he had but did not receive much of an answer. Ms. Bates asked if he had spoken to any of the other patrons. Officer Logan stated he had spoken to a few of the staff members. Ms. Phillips asked how many staff members were working that night. Officer Logan stated two doormen, one bartender, two individuals out in the backroom, and one to two other individuals on or about the establishment. Mr. Roache asked if the woman, the victim was with, was present during any of the interviews. Officer Logan stated no. Mr. Kres asked if they were able to follow up with the woman the morning after the incident. Officer Brush stated the victim only knew the woman by her first name. Licensee Lesley Carlson was present. Ms. Carlson discussed the bar setup and procedures during college nights at the bar. Ms. Carlson stated all of the staff are TIP certified. Ms. Bates asked if they were scanning IDs. Ms. Carlson stated they do both. Ms. Carlson stated they use the scanner as backup due to the fake IDs getting passed the scanner. Ms. Smedile asked if they knew why the victim was hit with a bottle. Ms. Carlson stated no. Ms. Phillips asked how long they have been doing college nights. Ms. Carlson stated since before she started there. Mr. Kres asked what college night entails. Ms. Carlson stated it is generally when Merrimack College students come in. Mr. Kres asked Ms. Carlson to describe the bracelet process. Ms. Carlson stated they are carded at the door and given a bracelet so the bartender knows their IDs have been checked. Mr. Kres asked if someone under the age of 21 could enter the bar. Ms. Carlson stated during college nights, they do not let anyone under the age of 21 into the bar after 8:30pm. Mr. Roache asked if it is possible the victim arrived prior to 8:30pm. Ms. Carlson stated no, the victim had a bracelet. Mr. Kres asked what type of bracelets they are. Ms. Carlson showed the Board the bracelets they use. Mr. Kres asked if the bracelets are designed to not be able to be removed and reattached to a different person. Ms. Carlson stated yes. Ms. Bates asked if they had the scanner at the door and at the bar. Ms. Carlson stated just at the door. Mr. Roache asked Ms. Carlson to speak to the security cameras. Ms. Carlson stated she did not realize those were a condition of the license. Ms. Carlson stated they have ordered new cameras. Mr. Roache asked if they ordered the cameras after the incident. Ms. Carlson stated yes. Ms. Bates asked if anyone working inside that night witnessed the incident. Ms. Carlson stated the two doormen did. Ms. Bates asked if everyone's TIP training is up to date. Ms. Carlson stated yes. Mr. Roache asked if it is their contention that the only way the victim could have received that bracelet was if they presented a fake ID. Ms. Carlson stated yes. Mr. Kres asked Ms. Carlson to discuss their policies on reporting incidents of assault. Doorman Shawn Harris was present. Mr. Harris discussed his training. Mr. Harris stated he rendered aid to the victim and then notified the victim that they would be notifying emergency services. Mr. Harris stated the victim reported he was an EMT and was already calling 911 to report the incident. Mr. Kres asked if he knew approximately how long it was between the assault and 911 call. Mr. Harris stated he had the assault at 12:44am in his incident report and the call was placed at 12:45am. Ms. Bates asked if he was working the back door and not checking IDs at the front. Mr. Harris stated yes. Mr. Roache asked if he had seen the assailant. Mr. Harris stated yes. Mr. Roache asked if he knew what the victim was hit with. Mr. Harris stated a beer bottle. Mr. Roache asked if the assailant went out of the front door. Mr. Harris stated yes. Mr. Roache asked what the training was for situations like this. Mr. Harris stated their main goal is to secure the perimeter to ensure no other harm is being done; once the assailant is no longer on the property the primary concern becomes the caring of the victim. Mr. Kres asked from Mr. Harris's perspective:how old did the victim look. Mr. Harris stated between 20 to 22. Doorman Joe Torname was present. Mr. Torname stated he is the primary doorman. Mr. Torname discussed his responsibilities as the doorman checking IDs. Ms. Bates asked if they scanned all the IDs that night. Mr. Torname stated no. Mr. Kres asked what the purpose of the bracelet was if everyone in the bar at the time had been carded. Mr. Torname stated it was recommended by the Board. Ms. NORTH ANDOVER SELECT BOARD MINUTES APRIL 28, 2025 Carlson stated they do the bracelets just in case someone does get in without being carded. Ms. Smedile asked if they choose different color bracelets to ensure someone is not using an old one. Mr. Torname stated yes. Ms. Bates asked why they skip scanning. Mr. Torname stated for the most part it takes, but this particular night he did not have a scanner. Mr. Roache asked Officer Brush why this victim would lie about a fake ID. Officer Brush stated he does not know why he would lie about it, but their interaction was brief. Mr. Kres asked if the victim was a North Andover resident. Officer Brush stated no. Mr. Roache discussed his concerns regarding this incident. Chris Vasilopoulos from Bradford expressed that he does not believe a business would risk losing their license for one underage individual to get into their bar. Ms. Smedile asked Town Counsel if there is anything the Board is missing. Christine O'Connor explained what the Licensing Commission relies on. MOTION: Ms. Smedile motioned to close the Public Hearing to determine whether North Andover Restaurant, Inc. d/b/a Rolf's has violated certain provisions of Massachusetts General Laws (M.G.L.) and the Alcoholic Beverages Regulations for Licenses Issued in the Town of North Andover. Mr. Roache seconded. Motion approved 5-0. OUT OF ORDER: Application for transfer of off premise all alcohol license, change of manager, pledge of inventory and pledge of collateral from Tuscan Market, Inc. d/b/a A Taste of The Vineyard to Sofia &Amaya Corp. d/b/a A Taste of the Vineyard at 757 Turnpike Street Alex Bourgeois and Seema Patel, who are representing the applicants Sofia and Amaya Corp were present. Ms. Bourgeois stated the applicant is purchasing all of the assets including the liquor license of Tuscan Market Inc.. Ms. Bourgeois stated it is in the Stop & Shop store. Ms. Bourgeois stated the applicant will continue running the business as it is currently operated. Ms. Bourgeois stated Ms. Patel has experience as a manager of record on a license in Fitchburg. Ms. Bates asked if they will continue to block off the alcohol section when they are not selling. Ms. Bourgeois stated yes. Ms. Smedile asked if the rest of the staff is TIP certified. Ms. Patel stated they require all staff to be TIP certified. Mr. Kres asked how many stores their company operates. Ms. Patel stated she has one and her husband has a few. Ms. Smedile discussed the risk of accepting out-of-state licenses. MOTION: Mr. Roache motioned to approve the transfer of off premise all alcohol license, change of manager, pledge of inventory and pledge of collateral from Tuscan Market, Inc. d/b/a A Taste of the Vineyard to Sofia &Amaya Corp. d/b/a A Taste of the Vineyard at 757 Turnpike Street. Mr. Kres seconded. Motion approved 5-0. OUT OF ORDER: Renewal application from Joshua Yaines of Psychic Readings located at 163 Turnpike Street MOTION: Ms. Phillips motioned to approve the license renewal application of Psychic Readings located at 163 Turnpike Street. Mr. Roache seconded. Motion approved 5-0. OUT OF ORDER: Application from Nate Chase of Saltbox Cidershop LLC for a farmer's market season alcohol permit for June 15, 2025, July 13, 2025, August 10, 2025 and September 7, 2025 NORTH ANDOVER SELECT BOARD MINUTES APRIL 28, 2025 TABLED OUT OF ORDER: Application from Elbridge Leland II of Marble Ridge Farm. LLC for a farmer's market seasonal alcohol permit for June 22, 2025, July 20, 2025, August 17, 2025 and September 14, 2025 TABLED OUT OF ORDER: Application from Armen Jeknavorian on behalf of St. Gregory's Armenian Church for a special one day all alcohol and entertainment licenses on May 10, 2025 from 6:OOPM to 10:OOPM at 158 Main Street Joe Almasian, Chair of the Board of Trustees at St. Gregory's, was present. Mr. Almasian stated the event is a community gathering for a Mother's Day celebration. Mr. Almasian stated they will have a DJ and a singer. Mr. Almasian stated they will have some late food and appetizers. Mr. Kres asked if this is the first time they have done this. Mr.Almasian stated yes. Mr. Roache asked who was providing the alcohol. Mr. Almasian stated Armen Jeknavorian is TIP certified and will be at the event. Mr. Almasian stated they will have a TIP certified server. Mr. Roache asked if it is free or being sold. Mr. Almasian stated it is being sold. Mr. Almasian stated it is a paid event and cash bar. MOTION: Ms. Smedile motioned to approve the application from Armen Jeknavorian on behalf of St. Gregory's Armenian Church for a special one day all alcohol and entertainment licenses on May 10, 2025 from 6:OOPM to 10:OOPM at 158 Main Street and waive the application fee. Ms. Phillips seconded. Motion approved 5-0. Application from Bradford Hill Cafe LLC d/b/a Bradford Hill Caf6 for a common victualler license at 701 Salem Street Anne Dinatale and Chris Vasilopoulos were present. Ms. Dinatale stated they are opening a cafe inside of Midtown Market. Ms. Dinatale stated they will have coffee, a bakery, sandwiches, fresh fruit, yogurt, and parfaits. Mr. Roache asked where in the store the cafe will be located. Ms. Dinatale stated it will be straight ahead as people walk through the door. MOTION: Ms. Smedile motioned to approve the application from Bradford Hill Cafe LLC d/b/a Bradford Hill Cafe for a common victualler license at 701 Salem Street. Ms. Phillips seconded. Motion approved 5-0. Vote on whether North Andover Restaurant, Inc. d/b/a Rolf's has violated certain provisions of Massachusetts General Laws (M.G.L.) and the Alcoholic Beverages Regulations for Licenses Issued in the Town of North Andover Ms. Bates asked if there were any refresher courses for TIP certification. Ms. Murphy-Rodrigues stated they did require security training in the 2018 finding. Ms. Murphy-Rodrigues stated there probably is additional training on licenses and IDs, she will reach out to the ABCC to ask. MOTION: Mr. Roache motioned to find Rolf's Pub in violation of MGL Ch 138 s34 the sale, delivery or furnishing of alcoholic beverages to persons under twenty-one years of age. Mr. Kres seconded. Motion approved 5-0. NORTH ANDOVER SELECT BOARD MINUTES APRIL 28, 2025 MOTION: Mr. Roache motioned to not find Rolf's Pub in violation of MGL Ch 138 s32(1)(c) disturbances or disorderly conduct as well as numerous North Andover licensing regulations. Ms. Phillips seconded. Motion approved 5-0. MOTION: Mr. Roache motioned to suspend the licensee's license for one day to be served on May 19, 2025 with the conditions that scanners be used at all times and during the hours of operation security cameras in the building are being used. Official notice of this suspension shall be served in writing to the licensee no later than May 1, 2025. Ms. Phillips seconded. Motion approved 5-0. MOTION: Mr. Kres motioned to close the meeting of the North Andover Licensing Commission. Ms. Phillips seconded. Motion approved 5-0. OLD BUSINESS Request to close First Street from CVS driveway to Main Street for Farmers Market on Sundays from June 15-September 28, 2025 (continued from 4/18/25J TABLED Warrant Article Recommendations Ms. Murphy-Rodrigues stated Articles 5, 6, and 17 should wait until right before town meeting. Ms. Murphy-Rodrigues stated she has been speaking with Mr. Rodgers regarding his citizens'petition. Ms. Murphy-Rodrigues stated Mr. Rodgers has not made a decision to withdraw that article. Ms. Murphy-Rodrigues stated it will be heard at Town Meeting unless something changes. MOTION: Ms. Bates motioned to recommend UNFAVORABLE ACTION on Article 28. Ms. Phillips seconded. Motion approved 5-0. CONSENT ITEMS A. Accept donation to Veterans Services in the amount of$1,000 from the North Andover VFW B. Accept donation to North Andover Senior Center in the amount of$400 from General Service Committee of Eastern MA C. Accept donations to the Festival Committee in the amount of$820.00 for Sheep Shearing. D. Accept donation to the Library in the amount of$100 from Richard and Marcy Rosenthal E. Accept donation to the Library in the amount of$1000 from the Board of Trustees of the Stevens Memorial Library Endowment Fund for professional development MOTION: Mr. Kres motioned to accept all consent items. Ms. Phillips seconded. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF APRIL 14, 2025 TABLED SELECT BOARD UPDATES Mr. Kres mentioned the joint tour between the North Andover Historical Society and the Andover Cultural Center of the North Andover historic properties. Ms. Phillips mentioned the mixer on Thursday hosted by the Merchants Association. NORTH ANDOVER SELECT BOARD MINUTES APRIL 28, 2025 TOWN MANAGER'S REPORT Ms. Murphy-Rodrigues mentioned the articles of the day. Ms. Murphy-Rodrigues stated they filmed on the warrant. ADJOURNMENT MOTION: Mr. Kres made a MOTION, seconded by Ms. Phillips to adjourn the Select Board meeting at 8:41 PM. Motion approved 5-0. Respectfully submitted, Nicole Civitarese Executive Assistant Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting Memorandum Applications Donations Warrant Articles Minutes from 4/14/25