Loading...
HomeMy WebLinkAbout2026-06-15 Select Board Minutes NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 Call To Order: Chair Janice Phillips called the open meeting to order at 7:02PM at the Senior Center located at 481 Sutton Street North Andover. Select Board in Attendance: Chair Janice Phillips, Clerk Brian Roache, Laura Bates, and David Kres were present Not Present: Rosemary Connelly Smedile Non-Board Members in Attendance: Town Manager Melissa Murphy-Rodrigues, Assistant Town Manager Laurie Burzlaff and Assistant Town Manager Andrew Shapiro PUBLIC COMMENT Several public comments were submitted via email expressing opposition to new development at China Blossom. Nicole Friel of 254 Great Pond Road expressed her disappointment in the Board for approving an entertainment license to Marbleridge Winery. Nancy Leland of 270 Great Pond Road expressed her frustration with Marbleridge Winery. Mark Bohrer of 10 Heath Circle requested to reconsider reinstating the composting program in the schools. OUT OF ORDER: LICENSING MOTION: Mr. Roache motioned to open a meeting of the North Andover Licensing Commission. Ms. Bates seconded. Motion approved 4-0. Application from Julie Olivere for a special one-day wine and malt liquor license for Summer Concert Series event at Stevens-Coolidge House & Gardens on Thursday, June 25, July 9, July 23, and August 6 from 6:OOPM-8:OOPM Julie Olivere, Senior Regional Engagement Manager, was present. Ms. Olivere discussed her background. Ms. Olivere stated these events will be focused on community. Ms. Olivere stated they will be working with local food and beverage vendors. Ms. Olivere stated they will also be working with local musicians. Mr. Kres asked when was the last year that they held these. Ms. Olivere stated they did a pilot run last year. Ms. Olivere stated it will be family friendly. Ms. Phillips suggested contacting the abutters to speak about the live music and potential noise level. Ms. Olivere discussed where they place the stage and speakers to avoid disturbing the neighbors. Mr. Kres asked if it was a different orientation than it previously had been. Ms. Olivere stated yes. Ms. Olivere stated most of the music will be acoustic. Mr. Kres asked for all of the events. Ms. Olivere stated yes. Mr. Roache asked if Oak and Iron was the vendor for all of the events. Ms. Olivere stated yes. Mr. Kres stated there was favorable recommendation from police, fire, health and building inspector with no conditions. MOTION: Mr. Roache motioned to approve the application from Julie Olivere for a special one-day wine and malt liquor license for Summer Concert Series event at Stevens-Coolidge House & Gardens on Thursday, June 25, July 9, July 23, and August 6 from 6:OOPM-8:OOPM. Ms. Phillips seconded. Motion approved 4-0. NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 Application from Five Sons Pizza LLC d/b/a Five Sons Pizza for a new common victualler license at 69 Main Street Jennifer Sousa was present. Ms. Souza stated they had a previous restaurant in Hamilton and recently sold it. Ms. Souza stated they are looking to open a new one here in town. Mr. Kres asked how long they operated their previous restaurant. Ms. Souza stated six years. Mr. Kres asked if this location was where J&M was. Ms. Souza stated yes. Mr. Kres asked if they needed to renovate. Ms. Souza stated no. Ms. Souza stated they are changing all of the food. Mr. Kres asked if they had any specialties. Ms. Souza stated yes. Ms. Phillips asked if they would deliver. Ms. Souza stated yes. Ms. Bates asked when they would open. Ms. Souza stated June 22. MOTION: Mr. Roache motioned to approve the application from Five Sons Pizza LLC d/b/a Five Sons Pizza for a new common victualler license at 69 Main Street. Ms. Bates seconded. Motion approved 4-0. Application from The Farmhouse LLC for an annual mobile food vendor license Hala Harb was present. Ms. Harb stated she converted a two horse trailer into a coffee trailer. Ms. Harb provided her background and successes regarding the coffee trailer. Ms. Bates asked what else they provide other than coffee. Ms. Harb discussed the other items she has on her menu. Mr. Kres asked what hours she planned on opening. Ms. Harb stated it would be for specific events happening within the community. Mr. Kres stated there was favorable recommendation from police, fire, health and building inspector with no conditions. Mr. Roache asked if they regulate hours of operation. Mr. Kres stated not that he is aware of. MOTION: Ms. Phillips motioned to approve the application from the Farmhouse LLC for an annual mobile food vendor license. Mr. Roache seconded. Motion approved 4-0. Discussion regarding the temporary pilot to extend the hours of liquor licenses Ms. Murphy-Rodrigues discussed the legislation passed by the Governor. Ms. Murphy-Rodrigues stated they did do a survey of the liquor license holders within the Town and only received one who showed interest in having their hours extended. Ms. Murphy-Rodrigues stated the Police Department as well as herself are advising against extending the hours of liquor licenses. Mr. Kres asked if they have to opt in or out. Ms. Murphy-Rodrigues stated the legislation states they need to opt in, but if they took no action nothing would happen. NO ACTION TAKEN. MOTION: Mr. Roache motioned to close the meeting of the North Andover Licensing Commission. Ms. Bates seconded. Motion approved 4-0. OLD BUSINESS Joint petitions from National Grid and Verizon New England for Route 114 Project: 1. PUBLIC HEARING (continued from June 1, 2026)-Joint petition of National Grid and Verizon New England to locate poles, wires and fixtures along and across Peters Street MOTION: Mr. Roache motioned to open the public hearings for the petition from Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. to locate poles, wires, and fixtures, including NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 the necessary sustaining and protecting fixtures, along and across Peters Street. Ms. Bates seconded. Motion approved 4-0. No public comment. MOTION: Mr. Roache motioned to close the public hearing for the petition from Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across Peters Street. Mr. Kres seconded. Motion approved 4-0. 2. PUBLIC HEARING (continue from June 1, 2026)-Joint petition of National Grid and Verizon New England to locate poles, wires and fixtures along and across Waverly Road MOTION: Mr. Roache motioned to open the public hearings for the petition from Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across Waverly Road. Ms. Bates seconded. Motion approved 4-0. No public comment. MOTION: Mr. Roache motioned to close the public hearing for the petition from Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across Waverly Road. Mr. Kres seconded. Motion approved 4-0. 3. PUBLIC HEARING (continued from June 1. 2026)-Joint petition of National Grid and Verizon New England to locate poles, wires and fixtures along and across Hillside Road MOTION: Ms. Bates motioned to open the public hearings for the petition from Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across Hillside Road. Mr. Roache seconded. Motion approved 4-0. No public comment. Brian Sathler and John Castro from National Grid were present. Ms. Bates asked about the pole number as it was being misidentified previously. Mr. Castro asked if the pole in question was pole number 2682. Ms. Bates stated the number on the plan was not the number on the pole. Mr. Castro stated that was corrected. Mr. Roache asked if the plan in front of them is the current right of way. Mr. Castro stated he believes so. MOTION: Mr. Kres motioned to close the public hearing for the petition from Massachusetts Electric Company d/b/a National Grid and Verizon New England, Inc. to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across Hillside Road. Mr. Roache seconded. Motion approved 4-0. NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 4. Vote on joint petition of National Grid and Verizon New England to locate poles, wires and fixtures along and across Peters Street MOTION:Mr. Roache motioned to approve the joint pole petition from Massachusetts Electric d/b/a National Grid and Verizon New England, Inc. to install poles, wires, fixtures and underground conduits on Peters Street subject to all conditions contained in the order. Ms. Bates seconded. Motion approved 4-0. 5. Vote on joint of National Grid and Verizon New England to locate poles, wires and fixtures along and across Waverly Road MOTION: Mr. Roache motioned to approve the joint pole petition from Massachusetts Electric d/b/a National Grid and Verizon New England, Inc. to install poles, wires, fixtures and underground conduits on Waverly Road subject to all conditions contained in the order. Mr. Kres seconded. Motion approved 4-0. 6. Vote on joint petition of National Grid and Verizon New England to locate poles, wires and fixtures along and across Hillside Road MOTION: Mr. Roache motioned to approve the joint pole petition from Massachusetts Electric d/b/a National Grid and Verizon New England, Inc. to install poles, wires, fixtures and underground conduits on Hillside Road subject to all conditions contained in the order. Mr. Kres seconded. Motion approved 4-0. NEW BUSINESS Vote on FY26 year-end budget transfer Ms. Murphy-Rodrigues discussed the FY26 year-end budget transfers. Ms. Murphy-Rodrigues discussed the snow and ice deficit this year. Ms. Murphy-Rodrigues stated they will not see as plentiful of a free cash number as they typically would. Ms. Murphy-Rodrigues stated the process of budget transfers. Ms. Murphy-Rodrigues stated the schools do not have to do this due to having a bottom line budget. Ms. Bates asked if they had the$70,000 for Essex Aggie. Ms. Murphy-Rodrigues stated yes. Ms. Bates asked if they are guaranteed a certain number of seats. Ms. Murphy-Rodrigues stated no. Ms. Murphy-Rodrigues stated Essex Aggie has special legislation. Mr. Roache asked where snow and ice rank compared to the last five years in dollar amount. Ms. Murphy-Rodrigues stated they have a $2.6 million deficit which means they spent$3.6 million on snow and ice this year. Ms. Murphy-Rodrigues stated the last couple of years, the deficit has been more in the $1 million range. Mr. Roache asked if that changes anything they should do for budgeting in the future. Ms. Murphy-Rodrigues stated no, snow and ice is difficult. Ms. Murphy-Rodrigues stated this is the only municipal account that you cannot decrease. Mr. Roache asked if any part of the increased fuel costs drove that cost. Ms. Murphy-Rodrigues stated they saw increases to their contracts and contractual agreements within their own contract that they were dealing with. Ms. Murphy-Rodrigues stated ice melt was more expensive. Ms. Bates asked if Ms. Murphy-Rodrigues could talk about the general government and public safety savings. Ms. Murphy-Rodrigues discussed the savings. Ms. Murphy-Rodrigues discussed payroll salary reserve. MOTION:Mr. Kres motioned to approve the end of the year budget reallocations as presented. Mr. Roache seconded. Motion approved 4-0. NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 Approve letter to request waiver to prohibit delivery of marijuana and mari'uana products to consumers Ms. Murphy-Rodrigues stated there is now an official form they can fill out to allow them to limit the delivery of marijuana and marijuana products to consumers under the new law. Mr. Roache asked what this actually means. Ms. Murphy-Rodrigues stated a new cannabis law was recently passed allowing the delivery of marijuana throughout the entire state, but it allows communities, who by bylaw have banned recreational marijuana use to petition the state for a two-year period to now allow the delivery. Mr. Roache asked if that meant outside vendors could not deliver to North Andover. Ms. Murphy-Rodrigues stated they can travel through but cannot stop. Mr. Shapiro stated he does not know for sure if they would be able to reapply in two years. Mr. Shapiro stated they have this waiver period initially, but at some point, they may not have the ability to waive it in future years. MOTION:Ms. Bates motioned to approve to request a waiver to prohibit the limited delivery of marijuana and marijuana products to consumers. Mr. Roache seconded. Motion approved 4-0. Discussion regarding China Blossom Mr. Shapiro provided a presentation regarding the status of 40B in North Andover and what a LIP is. Mr. Shapiro stated they are currently below the state's 10% mandate for affordable housing units which leaves them exposed to standard 40B overrides. Mr. Shapiro discussed North Andover's 40B status. Mr. Shapiro stated the denominator remains fixed for a period of 10 years therefore any eligible affordable units added directly moves the needle on the Town's percentage. Mr. Shapiro stated the 8% baseline does not include active pipeline projects currently being discussed. Mr. Shapiro provided examples. Mr. Shapiro stated to reach the state's 10% statutory threshold, they need 1,188 eligible units, and currently they are about 230 units short. Mr. Shapiro discussed safe harbor under state guidelines. Mr. Shapiro discussed how phasing and timing plays a role. Mr. Shapiro stated they will get their two-year safe harbor if the Prescott Street development is approved. Mr. Roache asked if Prescott Street is approved but they wait two years to pull a permit and another project slips in and goes through the process faster and gets approved, can the Prescott Street project step back into their old permits. Mr. Shapiro stated they have a total of three years statutorily to activate the permit as a whole. Mr. Shapiro explained the process. Mr. Roache stated that is where it can get concerning if another project comes in. Mr. Shapiro explained how the Town would be in an indefinite safe harbor and a two-year period safe harbor. Mr. Roache asked if during the two-year period, another project cannot come forward because they are in safe harbor. Mr. Shapiro stated they could come forward but the Town can declare safe harbor. Mr. Shapiro explained why the Town would still be under the 10% with all of those projects combined. Mr. Shapiro stated only the affordable units go on the SHI, not all of the units. Mr. Shapiro discussed the 230 SHI units at Woodridge Homes that will come off in 2045. Ms. Bates asked what is that process and why does the property owner get to decide that. Mr. Shapiro discussed why they can make that decision and the process to make that decision. Ms. Bates asked if every property owner has to go through this reapplication process with SHI. Mr. Shapiro stated no. Ms. Bates asked if this was the only property in town with an expiration. Mr. Shapiro stated he cannot say for sure. Mr. Roache asked if 0 Prescott Street was built, would that be in perpetuity. Mr. Shapiro stated yes. Mr. Shapiro discussed the local initiative program that was established by the state. Mr. Shapiro discussed the life cycle of decision points for the LIP. Mr. Shapiro discussed the authority the Board has in the process. Mr. Shapiro discussed items the Board can require of an applicant. Mr. Shapiro discussed the process if a project is found eligible by the state. Ms. Murphy-Rodrigues stated if they decide to move forward with the developer, the Board would negotiate and allow the manager and administrative team to negotiate a development agreement. Ms. Murphy-Rodrigues discussed what a friendly 40B looks like. Mr. Kres asked how they would work with the Commonwealth regarding traffic on a state highway that they do not necessarily have NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 control over. Ms. Murphy-Rodrigues discussed how they would work with the developer and the state. Ms. Bates asked if they have an example of other LIP projects. Ms. Murphy-Rodrigues stated the developer here today did a LIP with the Town of Wilmington. Ms. Bates asked what the current zoning on that parcel was. Mr. Shapiro displayed the North Andover MIMAP to show the zoning on this parcel. Andrew Chabon, from Princeton Properties, and Joe Peznola, civil engineer, were present. Mr. Chabon provided background of the company. Mr. Chabon discussed some of the projects the company has completed. Mr. Chabon stated Princeton Properties owns and operates about 8,000 apartment homes in three states. Mr. Chabon discussed the types of units the company has. Mr. Chabon stated they would like to build 124 apartment homes in two buildings and a remade China Blossom. Mr. Chabon discussed the size of the units they would have. Mr. Peznola discussed the concept plan. Mr. Peznola stated their plan would be to immediately address the traffic concerns. Mr. Peznola discussed how they would address traffic concerns. Mr. Peznola discussed the development plan. Mr. Peznola discussed the layout for the two four story buildings and the parking. Mr. Peznola discussed the parking ratio for the residential units. Mr. Peznola stated the site does have topographic challenges but they can work to get a fully ADA compliant site. Mr. Peznola discussed trash removal. Mr. Peznola stated there is currently no formal drainage system. Mr. Peznola stated they would put together a storm water management system. Mr. Peznola stated they would do a full traffic study prior to any submission to the Zoning Board of Appeals. Mr. Chabon provided photos of some of the projects they have completed. Mr. Chabon provided floor plans for each unit. Mr. Chabon discussed the process they would be looking to follow. Mr. Kres asked if they would be open to conducting the traffic study sooner. Mr. Peznola stated yes, it may not be the full study but they can discuss the issues of the intersection and what ideas they have to make improvements. Mr. Chabon stated Jeff Durk has the data the Board would be looking for due to being involved with the Amazon project. Ms. Murphy-Rodrigues stated Mr. Durk just completed the town's one-year full occupancy traffic study. Mr. Roache asked what the footprint of the buildings was. Mr. Peznola stated they are about 75ft wide and 280 long. Ms. Bates asked how the height is going to be relative to the other buildings. Mr. Peznola stated there would be a retaining wall along the parking lot. Ms. Bates asked if the roofline would be lower than Menico. Mr. Peznola stated yes. Mr. Roache asked what the front setbacks were. Mr. Peznola stated 25ft. Mr. Roache asked if they considered any options that have ground floor retail or commercial as part of this reducing units. Mr. Chabon stated they are not convinced there is really a market for that in this location right now. Mr. Roache asked what the Board's next steps would be. Ms. Murphy-Rodrigues explained next steps for the Board. Mr. Roache asked if the watershed protection district was the preview of the Planning Board. Mr. Peznola stated that process would be subsumed into the comprehensive permit granted by the ZBA. Mr. Shapiro stated the applicant would have the right to request waivers under that zoning. Ms. Bates asked based on everything they have built, is the high demand for housing continuing. Mr. Chabon stated yes. Ms. Bates expressed her concerns regarding the traffic. Mr. Chabon expressed that he wants to work collaboratively with the town and move everything forward together. Mr. Chabon stated it is important to understand what the alternative analysis might look like. Ms. Murphy-Rodrigues asked if the Board would like them to collect public input and put together some ideas for a framework for what a development agreement would look like. Mr. Roache stated that feels like a critical step. Mr. Chabon stated they are fully committed to working with the staff. Sign Memorandum of Understanding between the Joseph N. Hermann Youth Center Board (JNHYC) and the Town of North Andover Rick Green was present. Ms. Murphy-Rodrigues stated they have come to a great agreement that establishes the continued formal partnership between the town and the youth center, lays out the different responsibilities of the parties and continues to have strong collaboration between them. Ms. NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 Murphy-Rodrigues stated the only thing that may be different is the explanation of the naming rights. Ms. Murphy-Rodrigues stated there is a 10-year term on this MOU. MOTION:Mr. Roache motioned to sign the memorandum of understanding between Joseph N. Hermann Youth Center Board and the Town of North Andover. Mr. Kres seconded. Motion approved 4-0. Request of the North Andover Booster Club to use Johnson St., Abbot St., Marblerid a Rd., Salem St., Milk St.,Andover St. and Osgood St. for the 4th of July Road Race on July 4, 2026 from 6:30AM to 10:30AM MOTION: Mr. Roache motioned to approve the request of the North Andover Booster Club to use Johnson St., Abbot St., Marbleridge Rd., Salem St., Milk St., Andover St. and Osgood St. for the 4th of July Road Race on July 4, 2026 from 6:30AM to 10:30AM. Ms. Bates seconded. Motion approved 4-0. Approve Amendment to contract with Wheelabrator North Andover, Inc. Jim Stanford was present. Ms. Murphy-Rodrigues stated this contract started around 2003 and has had subsequent three-year approvals. Ms. Murphy-Rodrigues stated this contract is with Wheelabrator where the town dumps their trash. Mr. Roache asked if it changes anything from their current operations. Ms. Murphy-Rodrigues stated no. Mr. Roache asked if it changes anything from their costs. Ms. Murphy-Rodrigues stated yes. Mr. Stanford stated they have a base rate of$98 per ton and on top of that an included environmental fee. Mr. Stanford stated they put a charge based on what the index is for diesel fuel. Ms. Phillips asked in Mr. Stanford's history has it ever gone down. Mr. Stanford stated he relates it to the price of asphalt. Mr. Stanford discussed the upcoming contracts that will be due. Ms. Bates asked how recycling ties into this. Mr. Stanford stated they have a host agreement with Thompson Brothers. Mr. Roache asked if they could afford this contract. Ms. Murphy-Rodrigues stated Mr. Stanford has done a very good job of increasing the trash budget to keep up with what they are seeing in contracts. Ms. Murphy-Rodrigues stated it does become difficult therefore, over the next year, they are going to have to re-evaluate the trash program. Mr. Roache asked what kind of exposure does the last sentence in section two present to them. Mr. Stanford stated it has happened in the past with the fuel surcharge. Mr. Stanford stated they are limited in their choices due to the geography and how they pick up the trash. Ms. Bates asked if the $90 a ton is comparable to other communities. Mr. Stanford explained why it is difficult to compare. Ms. Phillips asked if they would go fee based. Mr. Stanford stated he would never recommend that. MOTION: Ms. Bates motioned to approve the amendment to the contract with Wheelabrator North Andover, Inc. Ms. Bates seconded. Motion approved 4-0. Reappointments to Boards and Committees 1. Select Board reappointments MOTION: Mr. Roache motioned to approve the reappointments and dates of term expiration of the Boards & Committee members as listed. Mr. Kres seconded. Motion approved 4-0. 2. Confirm Town Manager reappointments MOTION: Mr. Roache motioned to confirm the Town Manager reappointments as listed. Ms. Bates seconded. Motion approved 4-0. NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 Appointment of Special Town Counsel through 6/30/27 1. KP Law and Norris, Murray and Peloguin, LLC MOTION:Mr. Roache motioned to appoint KP Law and Norris, Murray, and Peloquin as special municipal counsel through June 30, 2027. Ms. Bates seconded. Motion approved 4-0. CONSENT ITEMS A. Accept donation in the amount of$1,000 from Edgewood to the Youth Center B. Accept donations in the amount of$470 to the Festival Committee for the Fireworks C. Accept donation in the amount of$25 from TLC Sports Apparel to the Youth Center for the summer shows on the common D. Accept donation in the amount of$30 from Anne Erickson to the Library E. Accept donation in the amount of$4,000 from the Friends of the Library to the Library F. Accept donation in the amount of$7,565.50 from the Board of Trustees of the Stevens Memorial Library to the Library MOTION: Mr. Kres motioned to accept all consent items. Mr. Roache seconded. Motion approved 4-0. APPROVAL OF OPEN SESSION MINUTES OF JUNE 1, 2026 MOTION: Mr. Roache motioned to approve the Open Session minutes of June 1, 2026 as presented. Mr. Kres seconded. Motion approved 4-0. SELECT BOARD UPDATES Board Reorganization TABLED Mr. Roache congratulated all the high school graduates. Ms. Phillips thanked the SOS committee for the overnight party. TOWN MANAGER'S REPORT Ms. Murphy-Rodrigues mentioned that the elevator at Town Hall is broken. ADJOURNMENT MOTION: Mr. Roache made a MOTION, seconded by Ms. Bates to adjourn the Select Board meeting at 9:02PM. Motion approved 4-0. Respectfully submitted, Nicole Civitarese Executive Assistant NORTH ANDOVER SELECT BOARD MINUTES JUNE 15, 2026 Brian Roache, Clerk of the Board Documents used at meeting Petitions Memorandums Letter Contract Applications Donations Minutes of 6/1/26