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HomeMy WebLinkAbout2025-12-04 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES DECEMBER 4, 2025 Call To Order: Chair Janice Phillips called the open meeting to order at 6:OOPM in the Select Board Room located at 120 Main Street North Andover. Select Board in Attendance: Chair Janice Phillips, Clerk Brian Roache, Laura Bates, and David Kres were present Select Board Not in Attendance: Rosemary Smedile Non-Board Members in Attendance: Town Manager Melissa Murphy-Rodrigues PUBLIC COMMENT None. LICENSING MOTION: Mr. Roache motioned to open a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Motion approved 4-0. 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/or the Alcoholic Beverages Regulations for Licenses Issued in the Town of North Andover MOTION: Ms. Phillips 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/or the Alcoholic Beverages Regulations for Licenses Issued in the Town of North Andover. Ms. Bates seconded. Motion approved 4-0. Officer Michael Logan was present to provide testimony regarding the alleged violations. Officer Logan discussed the details of his investigation. Ms. Murphy-Rodrigues provided the video surveillance footage while Officer Logan described what he was seeing. Officer Logan stated as a result of the videos, Rolf Carlson was charged with violation of Massachusetts General Laws Ch. 138, Section 34, furnishing alcohol to a person under 21. Officer Logan stated in several of the videos, a juvenile is observed consuming what appears to be alcoholic beverages and having clear constructive possession of alcoholic beverages. Mr. Roache asked if they were alleging a violation for the patrons pouring their own beverages. Officer Logan stated those violations would not be covered in this hearing because those violations were discovered yesterday. Ms. Phillips asked if those potential violations would come to them in a separate hearing. Ms. Murphy-Rodrigues stated once Officer Logan finalizes his investigation into the additional videos, he will make a determination on whether or not those should be brought forward. Ms. Bates asked if one of the licensing regulations is that all patrons are to exit the premises once the bar closes at 1:OOAM. Officer Logan stated yes. Ms. Bates asked in theory, Rolf, being the only employee on duty, should have been the only one there after 1:00AM. Officer Logan stated yes. Ms. Bates asked who is the manager on duty. Officer Logan stated Leslie Carlson is the manager, and there is no listed alternate manager of record for the establishment. Ms. Bates asked if the manager is to be on premises 50% of the time. Ms. Murphy-Rodrigues stated yes. Mr. Kres asked Officer Logan to elaborate on Leslie Carlson working at the bar during the day. Officer Logan stated this information was provided to him from Rolf Carlson as well as the juvenile. Officer Logan stated they informed him Ms. Carlson does not visit the bar during evening hours and only works at the establishment during the day. Ms. Bates asked if there were patrons in the basement. Officer Logan stated yes. Mr. Roache asked what is their obligation to open the premises to police in standard practice NORTH ANDOVER SELECT BOARD MINUTES DECEMBER 4, 2025 when a police officer approaches the establishment and identifies themselves as a police officer. Officer Logan stated it is to grant them immediate access in whatever capacity they may need. Ms. Phillips asked if the basement was set up for patrons. Officer Logan stated he has never been inside the basement so he cannot speak to that. Mr. Roache asked if smoking cigarettes in the establishment is a violation. Ms. Murphy-Rodrigues stated it will be sent to the Board of Health, and the Keno violations will be sent to Keno Lottery. Ms. Murphy-Rodrigues discussed the manager regulations. Officer Logan explained the Keno violation. Ms. Bates asked if the juvenile served alcohol or just consumed it. Officer Logan stated there is an occasion where he believes the juvenile removes beverages from the cooler. Ms. Murphy-Rodrigues provided the video surveillance footage. Mr. Roache asked in the capacity as an employee, is a juvenile allowed to handle alcoholic beverages. Officer Logan stated no. Mr. Kres asked the approximate time of this video. Officer Logan stated it is not timestamped. Officer Logan described what was happening within the video. Mr. Kres asked if this was likely somewhere between 1:30 and 2:OOAM. Officer Logan stated it is difficult because the timestamp does not imprint on the video. Officer Logan stated it appears that this would have been after 1:OOAM, but he does not know if it was before or after his arrival. Leslie Carlson was present. Ms. Carlson stated she understands the violations and her sons made a mistake but are here to understand the consequences of their actions. Mr. Roache asked how many hours during the opening hours would Ms. Carlson say she spends on the premises. Ms. Carlson stated she is there seven days a week. Ms. Carlson stated Rolf Carlson and Shawn White are also managers, but they are not managers under the liquor license. Ms. Phillips stated they need to be managers of record. Ms. Murphy-Rodrigues stated they need to be approved by the Board. Ms. Carlson stated she is there more than 50% of the time. Mr. Kres asked when she was typically there, and when does she go home for the evening. Ms. Carlson stated she is there from 11:00AM to 6 or 7:OOPM, and that she comes back for events. Mr. Kres asked if Ms. Carlson has had specific discussions with her staff about what the procedure is for closing the bar. Ms. Carlson stated yes. Mr. Kres asked if it happened on occasion where they need more than an hour to clean up. Ms. Carlson stated it happens occasionally. No public comment. MOTION: Mr. Roache 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/or the Alcoholic Beverages Regulations for Licenses Issued in the Town of North Andover. Ms. Bates seconded. Motion approved 4-0. Vote on whether North Andover Restaurant, Inc. d/b/a Rolf's has violated certain provisions of Massachusetts General Laws (M.G.L.) and/or the Alcoholic Beverages Regulations for Licenses Issued in the Town of North Andover Mr. Kres explained the potential violations. The Board discussed the violations. Mr. Kres stated there seems to be evidence to support the state law violation of the sale, delivery, or furnishing of alcoholic beverages to persons under 21. Mr. Kres mentioned licensing regulation section 7. Mr. Roache stated if section 15 has been violated then section 7 has been violated. Mr. Kres mentioned licensing regulation section 13. Ms. Phillips stated this is trickier as there is no time card, but it does seem that there was no appointed manager on duty at the time, and that is still a violation. Ms. Bates asked if there is an age requirement for managers on duty. Ms. Murphy-Rodrigues stated 21 years of age, be approved by the Board, and go through a criminal background check. Mr. Roache stated section 13 was a violation. Ms. Phillips stated going forward requiring a schedule to be provided so they know who is working. Mr. Roache asked if that is something they are allowed to require of only one licensee and not all. Ms. Murphy-Rodrigues stated yes. Mr. Kres mentioned licensing regulation section 13A. Ms. Bates stated they denied access to a police officer. Mr. Kres mentioned NORTH ANDOVER SELECT BOARD MINUTES DECEMBER 4, 2025 licensing regulation section 14. Ms. Phillips stated that is a clear violation. Mr. Kres mentioned licensing regulation section 16. Mr. Roache stated there was no ID furnished during this incident. Ms. Murphy-Rodrigues provided the language for section 15. Ms. Murphy-Rodrigues stated there is no merit. Ms. Phillips stated she believes there is merit for section 16 because there is a requirement for someone to provide their ID. Mr. Roache stated they should be enforcing this regulation. Mr. Kres mentioned licensing regulation section 21. Mr. Kres mentioned licensing regulation section 22. Mr. Kres mentioned licensing regulation section 23 and 24. Mr. Kres mentioned licensing regulation section 26. Mr. Roache asked if the bylaws state that because this is another violation within 60 months, the guideline is 5 to 10 days. Ms. Phillips stated 5 to 15 days. Mr. Roache asked what the bylaws say about revocation of a license. Mr. Kres stated any second offense within 60 months of the first offense may be subject to a 5 to 15 day suspension, the license may also be revoked or modified. Ms. Phillips asked if they can require cameras that provide timestamps and not motion sensored. Ms. Murphy-Rodrigues stated yes. Ms. Bates stated she does appreciate that Ms. Carlson installed all the cameras and provided all of that documentation to Officer Logan. Ms. Phillips stated there are a lot of establishments in Town, and they need to be clear about what their expectations are. MOTION: Ms. Phillips motioned to find Rolf's Pub in violation of MGL Ch 138, Section 34 the sale, delivery or furnishing alcoholic beverages to persons under twenty-one years of age and the North Andover Licensing Alcoholic Beverages Regulations numbered 7, 13, 13A, 14, 16, 21, 22, 23, 24, and 26. Mr. Roache seconded. Motion approved 4-0. Vote on penalty for any violations to MGL and/or the Town of North Andover Alcoholic Beverages Regulations Ms. Phillips stated a 15 day suspension would be appropriate but in addition to that, she suggests that they request the schedule going forward so they know who the manager on record is. Mr. Roache asked if they modify the license accordingly. Ms. Murphy-Rodrigues stated they will need to come before the Board for alternate managers. Ms. Murphy-Rodrigues stated one condition they can think about is until those alternate managers have been added that the current manager needs to be on site whenever the pub is open. Ms. Carlson asked if this is normal practice; does everyone in Town do a change of liquor license. Ms. Murphy-Rodrigues stated it was not really a change, but that most businesses do have a manager and alternate managers listed. Ms. Phillips stated they should require a timestamp for the cameras. Ms. Murphy-Rodrigues stated there is a five day appeal period so she suggests doing it after that. Ms. Murphy-Rodrigues stated they also have to wait for service. Ms. Murphy-Rodrigues explained what service is. MOTION: Ms. Phillips motioned to suspend the liquor license of North Andover Restaurant, Inc. d/b/a Rolf's for 15 days to be served from December 15, 2025 to December 30, 2025 and official notice of this suspension shall be served in writing to the licensee no later than December 8, 2025, and require the manager of Rolf's to furnish a schedule of managers on duty going forward and to upgrade their cameras to include timestamp. Mr. Roache seconded. Motion approved 4-0. MOTION: Ms. Phillips motioned to close the meeting of the North Andover Licensing Commission. Mr. Roache seconded. Motion approved 4-0. NEW BUSINESS Request from Kianosh Pourian regarding seating in front of the Hay Scales Building Kianosh Pourian is present. NORTH ANDOVER SELECT BOARD MINUTES DECEMBER 4, 2025 Dave Kres recused himself. Mr. Pourian described his request. Mr. Pourian is the owner of Baba Yum Burgers in the Hay Scale Building. Mr. Pourian stated the youth center children and middle school students enjoy sitting outside the establishment. Mr. Pourian stated his concern is that they are very close to a high traffic area. Mr. Pourian stated his proposal was to put a barrier between the grassy area and the road itself. Mr. Pourian stated they would also like to extend the area a bit further to add more seating. Mr. Roache asked if he had discussed this with his landlord. Mr. Pourian stated no because he believed the area was town property. Ms. Murphy-Rodrigues discussed the next steps Mr. Pourian will need to take after this step. Mr. Roache asked who will pay for this. Mr. Pourian stated he is willing to split some of the expenses. Ms. Murphy-Rodrigues stated there may be grants available and other creative options to explore. Ms. Bates asked if he was looking to put the barrier along Johnson Street or Great Pond Road. Mr. Pourian stated the plan is to go all the way around. Ms. Bates asked where the town property was, is it the parking lot and the grass. Ms. Murphy-Rodrigues stated some of the parking spots and all of the grassy area. MOTION: Ms. Bates motioned to approve the request to place picnic tables on the Town owned land next to the Hay Scales Building, subject to the approval of the other town departments and committees and exploring of the landscaping protective measures. Mr. Roache seconded. Motion approved 3-1 recused. CONSENT ITEMS 1. Accept donations to the library from the North Andover Women's Club in the amount of$50.00 to purchase new books in honor of a member 2. Accept donations to the library from the Trustees of Stevens Memorial Library Endowment Fund in the amount of$2,924.25 for library staff development 3. Accept online donation to the Festival Committee for the Santa Parade and Tree Lighting in the amount of$100.00 MOTION: Mr. Kres motioned to accept all consent items. Mr. Roache seconded. Motion approved 4-0. APPROVAL OF OPEN SESSION MINUTES OF NOVEMBER 17, 2025 MOTION: Mr. Roache motioned to approve the Open Session minutes of November 17, 2025 as presented. Ms. Bates seconded. Motion approved 4-0. SELECT BOARD UPDATES Ms. Phillips thanked the Festival Committee for their Tree Lighting and Santa Parade. Ms. Phillips mentioned the Gingerbread Walk. Mr. Roache mentioned the Food Drive at the Senior Center. Mr. Kres mentioned the historic town plaques. Mr. Roache thanked the DPW for the first snow storm. Ms. Bates mentioned the leaf pickup. TOWN MANAGER'S REPORT Ms. Murphy-Rodrigues mentioned the mitten tree at Town Hall. Ms. Murphy-Rodrigues mentioned the Fire Department's holiday toy drive. Ms. Murphy-Rodrigues mentioned the police department starts their NORTH ANDOVER SELECT BOARD MINUTES DECEMBER 4, 2025 cram-a-cruiser this Saturday. Ms. Murphy-Rodrigues thanked DPW, Sarah, and Nicole for the holiday wreaths. ADJOURNMENT MOTION: Mr. Roache made a MOTION, seconded by Mr. Kres to adjourn the Select Board meeting at 7:07PM. Motion approved 4-0. Respectfully submitted, Nicole Civitarese Executive Assistant Brian Roache, Clerk of the Board Documents used at meeting Police report Letter Email request Donations Minutes from 11/17/25