HomeMy WebLinkAbout2017-05-16 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES May 16, 2017
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 5:30PM in Room 1108
at the North Andover High School.
ATTENDANCE: The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile,
Licensing Commissioner, Phil DeCologero, Regina Kean, Chris Nobile, Town Manager Andrew Maylor,
Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 5 members
of the public were in attendance.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Chris Nobile made a MOTION, seconded by Phil DeCologero, to approve the Open Session
Minutes of May 8, 2017. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
None
CONSENT ITEMS:
Appointment of James Stanford as the Greater Lawrence Sanitary District Board of Commissioners
Representative
The appointment subcommittee is recommending DPW Director, James Stanford, be appointed.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
appoint James Stanford as the Greater Lawrence Sanitary District Board of Commissioners
representative for a term ending June 30, 2018. Vote approved 5-0.
Vote to surplus nine (9) Accuvote machines to be traded in for new equipment
Assistant Town Manager, Ray Santilli, provide a memorandum to the Board regarding the surplus of
voting machines and the contract for annual maintenance and software.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the request of Assistant Town Manager, Ray Santilli, to surplus 9 AccuVote machines to
be used as trade-ins to purchase new digital scan vote tabulators. Vote approved 5-0.
Vote to authorize Town Manager to execute contract in excess of 3 years with LHS Associates for annual
maintenance and software license for voting machines
Rosemary Smedile made a MOTION seconded by Phil DeCologero that the Board of Selectmen
authorize the Town Manager to execute a contract with LHS Associates for a period beginning
June 1, 2017 and ending June 30, 2024 for annual maintenance and software licensing as included
in the Invitation for Bids. Vote approved 5-0.
Discussion of 70 foot steel monopole tower on MBTA property
Included in the packets was information received from the contractor for the MBTA regarding a 70 foot
. Prior to installation,
the MBTA is required to solicit comments regarding the visual impacts on historical structures within ¼ of
a mile. Regina Kean made a MOTION, seconded by Chris Nobile for the Town Manager to write a
letter on behalf of the Board opposing the installation of the monopole tower. Vote approved 5-0.
Town Meeting Warrant recommendations
Article 9-Citizen Petition-Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities
Chairman Vaillancourt indicated that amendments were received from the petitioner and ask Susan Egan,
Town Counsel if the amendments addressed her concerns. Attorney Egan indicated, although she would
have drafted the language differently, she believes the amendments resolved the major issues. Chairman
Vaillancourt and Ms. Smedile voiced their concerns regarding the process and not having enough time to
completely review the project. Ms. Kean indicated that the petitioner still has to apply for a Special Permit
and in that process the Planning Board will have the opportunity to completely vet the project. Mr. Nobile
and Mr. DeCologero agreed with Ms. Kean and stated that this just allows the petitioner to enter the
process. Rosemary Smedile made a MOTION that the Board of Selectmen recommend unfavorable
action on Article 9. There was no second, motion failed. Phil DeCologero made a MOTION,
seconded by Chris Nobile that the Board of Selectmen recommend favorable action on Article 9.
Vote approved 3-2. Mr. Vaillancourt and Ms. Smedile opposed.
Board of Selectmen Minutes May 16, 2017 2
Article 11-Citizen Petition-Amendment of Zoning Map to Include Expanded Medical Marijuana Overlay
District
The petitioner submitted a revised map to make metes and bounds compliant with what is in the Registry
of Deeds. Petitioner indicated that if Article 9 does not pass, they will withdraw Article 11.
Chris Nobile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
recommend favorable action on Article 11. Vote approved 3-2. Mr. Vaillancourt and Ms. Smedile
opposed.
Mr. Vaillancourt raised a concern about Article 10 since the Board of Selectmen already have the
authority to negotiate a Host Agreement and asked the petitioner to consider withdrawing Article 10. Tom
Lee spoke on behalf of petitioner and stated they are willing to withdraw Article 10.
Vote to recess and reconvene in auditorium for 2017 Annual Town Meeting
Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen recess
the meeting and reconvene in the auditorium for 2017 Annual Town Meeting.
The Board moved to the auditorium for the 2017 Annual Town Meeting.
Chris Nobile made a MOTION, seconded by Rosemary Smedile to recommend the petitioner
withdraw Article 10. Vote approved 5-0.
ADJOURNMENT:
Chris Nobile made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at
10:30p.m. Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
_______________________________
Rosemary Connelly Smedile, Clerk of the Board
Documents used at meeting:
Minutes of May 8, 2017
Appointment memo
Surplus memo
Monopole tower memo
Revised Town Meeting Warrant articles 9 and 11
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
Richard M. Vaillancourt, Chairman
TEL. (978) 688-9510
Rosemary Connelly Smedile, Clerk
FAX (978) 688-9556
Phil DeCologero
Regina Kean
Chris Nobile
BOARD OF SELECTMEN
AGENDA
TUESDAY, MAY 16, 2017
5:30 PM OPEN SESSION
NORTH ANDOVER HIGH SCHOOL
430 Osgood Street
ROOM #1108
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF MINUTES
A. May 8, 2017 Open Session Minutes, as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
V. CONSENT ITEMS
A. Appointment of James Stanford as the Greater Lawrence Sanitary District Board of Commissioners
Representative
B. Vote to surplus nine (9) AccuVote machines to be traded in for new equipment
C. Vote to authorize Town Manager to execute contract in excess of 3 years with LHS Associates for
annual maintenance and software license for voting machines
D. Discussion of 70 foot steel monopole tower on MBTA property
E. Town Meeting warrant article recommendations-Articles 9 and 11
F. Vote to recess and reconvene in auditorium for 2017 Annual Town Meeting
VI. NEXT MEETING DATE
June 5, 2017
VII. ADJOURNMENT
BOARD OF SELECTMEN MINUTES May 8 , 2017
CALL TO ORDER
Chairman Richard Vaillancourt called the meeting to order at 7:00PM in the Town Hall Meeting Room.
The meeting was recorded.
ATTENDANCE
The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing
Commissioner, Phil DeCologero, Regina Kean, Chris Nobile, Town Manager Andrew Maylor, Assistant
Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 14 members of the
public were in attendance.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Chris Nobile made a MOTION, seconded by Rosemary Smedile, to approve the Open Session
Minutes of April 24, 2017. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS
rd
3 Quarter FY 2017 Budget Status Report-Lyne Savage, Finance Director/Town Accountant
rd
Finance Director, Lyne Savage, presented the FY17 3 Quarter Budget Status Report.
Other communications and announcements
Regina Kean announced that the PTO groups have entered into an agreement with Baystate Textiles.
Bins are at every school for residents to drop off. This is different than the curbside textile recycling which
th
begins May 15.
th
May 18.
Phil D
th
.
st
Chairman Vaillancourt announced the annual Sheep Shearing Festival is on May 21 at the Common.
CONSENT ITEMS
Request of Christopher Marshall to hold the annual North Andover 4th of July Road Races on July 4,
2017 starting at 7:00AM
th
Christopher Marshall of the Borderline Running Club presented the request to hold the 4 of July Road
Races beginning at 7:00AM. There are three races- kid- that start and finish at the
Common. The routes are outlined on the maps in your packets. All relevant departments have reviewed
and have no issues. Rosemary Smedile left the room to attend to her cough.
Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve
th
the request of Christopher Marshall of the Borderline Running Club to hold the 4 of July Road
Races beginning at 7:00 a.m. at the Town Common, as presented. Vote approved 4-0.
Accept donation in the amount of $6,000 from the Friends of the North Andover Senior Center to be used
th
for the 4 of July Fireworks display
Christopher Marshall on behalf of the Friends of the North Andover Senior Center asked the Board to
th
accept a donation of $6,000 to be used for the 2017 4 of July Fireworks display. Rosemary Smedile
returned to her seat.
Regina Kean made a MOTION, seconded by Phil DeCologero that the Board of Selectmen accept
the donation of $6,000 from the Friends of the North Andover Senior Center to be used toward the
th
4 of July Fireworks display. Vote approved 5-0.
Acceptance of Grants
Dept. of Energy Resources Green Communities grant in the amount of $169,390
Dept. of Environmental Protection MassEVIP grant in the amount of $15,000
Dept. of Energy Resources MAPC Streetlight Rapid Retrofit grant in the amount of $100,087.95
The Board was asked to accept the grants awarded by the DOER and DEP.
Board of Selectmen Minutes May 8, 2017 2
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen
accept the grants from the Dept. Of Energy Resources in the amount of $169,390 and $100,087.95
and the grant from the DEP in the amount of $15,000. Vote approved 5-0.
Appointment of Daniel Moore to Youth and Recreation Council
The Appointment subcommittee recommended Daniel Moore be appointed to the Youth and Recreation
Council.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
approve the appointment of Daniel Moore to the Youth and Recreation Council for a term ending
June 30, 2019. Vote approved 5-0.
Request of Anant Shah, Eagle Scout Candidate, to build a pergola at The Stevens Estate
In December of last year, the Board approved a request of Anant Shah to build a gazebo at The Stevens
Estate. After reviewing with his troop leader, it was determined the project was too complex; therefore, he
is requesting to build a pergola instead.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
approve the request of Anant Shah to build a pergola and deck at The Stevens Estate and waive
any building permit fees. Vote approved 5-0.
Town Meeting Warrant recommendations
Article 11-Citizen Petition-Amendment of Zoning Map to Include Expanded Medical Marijuana Overlay
District
Article 9-Citizen Petition-Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities
Tom Lee of 96 Woodcrest Drive read a statement on behalf of the petitioner. Mr. Lee indicated the
owners would guarantee there would be no dispensary on the Rosen,
stated that the ability to do research falls under the recreational piece of legislation and not the medical.
Phil DeCologero made a MOTION, seconded by Regina Kean that the Board of Selectmen take no
action on both Articles 9 and 11. Phil DeCologero offered an amendment to his motion, seconded
by Regina Kean, to amend motion to apply to only Article 9. Amendment approved 5-0. Motion to
take no action approved 3-2. Ms. Smedile and Mr. Nobile opposed.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
recommend unfavorable action on Article 11. Vote approved 4-1. Mr. Nobile opposed.
LICENSING COMMISSIONERS
Phil DeCologero made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Armen Jeknavorian of St. Gregory Armenian Apostolic Church requests a one day all alcohol license for
th
the 7 Annual Cigar Night and Dinner on Thursday, June 15, 2017 from 6:00PM-11:30PM and request to
waive the fee
Mr. Jeknavorian was present to answer any questions.
Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of
Selectmen, acting as Licensing Commissioners, approve the one day all alcohol license request
of Armen Jeknavorian of St. Gregory Armenian Apostolic Church for a Cigar Night and Dinner on
June 15, 2017 from 6:00PM-11:30PM and waive the fee for the license. Vote approved 5-0.
Jade Group, Inc. d/b/a Jade North Andover requests an all alcohol general on premises license and an
entertainment license for a restaurant at 24 High Street
Attorney Brian Vaughn spoke on behalf of the applicants.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of
Selectmen, acting as Licensing Commissioners, approve the all alcohol general on premises
license and entertainment license for Jade Group, Inc. d/b/a Jade North Andover, as presented.
Vote approved 5-0.
Paul Gallant of Merrimack College requests:
One day wine and malt license for Education Dept. Awards at Cascia Hall on Wednesday, May 17, 2017
from 11:00AM-6:00PM
One day wine and malt license for Criminology Dept. Awards at Deegan West 47 Lounge on Thursday,
May 18, 2017 from 5:00PM-8:00PM
One day all alcohol license for Alumni Reunion Reception at the Rogers Center on Saturday, June 3,
2017 from 5:30PM-10:30PM
One day all alcohol license for Alumni Reunion Reception at Honors Lounge on Sunday, June 4, 2017
from 2:00PM-9:00PM
Board of Selectmen Minutes May 8, 2017 3
One day all alcohol license for Alumni Reunion Dinner at Deegan West 47 Lounge on Sunday, June 4,
2017 from 6:30PM-9:30PM
One day all alcohol license for Alumni Reunion Dinner at Sanctuary Café on Sunday, June 4, 2017 from
6:30PM-9:30PM
One day all alcohol license for Alumni Reunion Reception at Rogers Center on Sunday, June 4, 2017
from 6:30PM-9:30PM
One day all alcohol license for Alumni Reunion at Mendel Building on Sunday, June 4, 2017 from
6:30PM-9:30PM
One day all alcohol license for Alumni Reunion Dessert at SAK Patio on Sunday June 4, 2017 from
8:30PM-10:30PM
One day wine and malt license for Alumni Reunion Reception at McQuade Library on Sunday, June 4,
2017 from 5:30PM-10:30PM
Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen,
acting as Licensing Commissioners, approve the 10 one day license requests of Merrimack
ththrdth
College for events on May 17 and 18 and June 3 and 4, as presented. Vote approved 5-0.
Discussion regarding updated Alcoholic Beverages Regulations
Included in the packets was a draft of changes to the Alcoholic Beverages Regulations as recommended
th
by Town Counsel. The Board will be asked to vote on these changes at their meeting on June 5.
Rosemary Smedile made a MOTION, seconded by Chris Nobile to close a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS
None
NEW BUSINESS
None
PUBLIC COMMENT
None
TOWN MANAG
Job posting/vacancy log
Included in the packets was the job posting/vacancy log provided by Human Resources.
Ask the manager
2 questions were received.
What is the status of the electric service supplier for the town that you spoke about and was passed at the
last town meeting that would reduce the service supply to customers?
Town Manager, Andrew Maylor, explained that the Town is moving through the regulatory process.
Should have state approval in 2-3 months.
What is the status of the Bradstreet project, is it on schedule? The front building has a roof, siding &
any businesses lined up for the front when completed?
Mr. Maylor explained that the project is behind schedule but still moving forward. Owners are working on
securing tenants for the first floor.
Rosemary Smedile received a letter about litter on Route 125. Mr. Maylor will contact DOT to ask for it to
be cleaned up.
Rosemary Smedile asked the Town Manager to contact National Grid about poles in library area before
another petition is submitted. Mr. Maylor indicated he communicates regularly with National Grid about
issues with poles throughout town.
The Town Manager updated the Board on the Merrimack College/Route 114 project.
Regina Kean suggested the Board pick a different department report each meeting to discuss in more
detail.
Board of Selectmen Minutes May 8, 2017 4
ADJOURNMENT
Rosemary Smedile made a MOTION, seconded by Phil DeCologero to adjourn the meeting at
9:32PM. Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
_______________________________
Rosemary Connelly Smedile, Clerk of the Board
Documents used at meeting:
Minutes of April 24, 2017
rd
3 Quarter 2017 Budget Status Report
th
Request for 4 of July Road Race
Donation letter
Grant memorandum
Appointment memorandum
Eagle Scout request
Town Meeting warrant Articles 9 and 11
Jade Group, Inc. license application
Merrimack College requests
Draft of Alcoholic Beverages Regulations
Job Posting/Vacancy Log
Article 9: Amend Zoning Bylaw Section 8: Medical Marijuana Treatment Facilities
Supplemental Regulations. To see if the Town will vote to amend the Town of North Andover
Zoning Bylaw, Section 8 Medical Marijuana Treatment Facilities Supplemental Regulations,
by making the following amendments to Subsections
8.12.1, 8.12.3, 8.12.4, 8.12.6(3)(c), 8.12.6 (4) and 8.12.6(6)(b) (by identifying text which is
deleted as strikethrough and text added as underlined), as follows:
8.12.1. Establishment
overlay district. The boundaries of the MMOD are shown on the Zoning Map on file with the
Town Clerk and are described below. Within the MMOD, all requirements of the underlying
district(s) remain in effect, except where these regulations provide an alternative to such
requirements. Land A Lot within the MMOD may be used either for (1) a Registered Marijuana
and/or
(2) a use allowed in the underlying district (inclusive of any other overlay district), in which case
the requirements of the underlying applicable district shall apply; provided, however, that no Lot
may be used for both an RMD and an Adult Use. If the provisions of the MMOD are silent on a
zoning regulation, the requirements of the underlying district shall apply. As to any RMD use, if
If the provisions of the MMOD conflict with the requirements of the underlying district, the
requirements of the MMOD shall control.
8.12.3 Boundaries: Boundaries of the MMOD are shown on the Zoning Map and shall include
12, 13, 14, & 17; and theat portion of Map 34 Parcel 17 shown on that MMOD Plan dated March
3, 2017, prepared by Meridian Associates, Revised 03/30/17, attached hereto.
8.12.4 Definitions: where not expressly defined in the Zoning Bylaws, terms used in the
MMOD Bylaw shall be interpreted as defined in the Humanitarian Medical Use of Marijuana
Act, M.G.L. c.94C, App. §1-1, et seq. and the Department of Public
Health Regulations promulgated thereunder, 105 CMR 725.001, et seq., and otherwise by their
plain language.
in accordance with the Marijuana Act, but is not intended to include any facility that cultivates or
handles cannabis for education, research or development pursuant to state or federal laws in
conjunction with a state or federal agency or other lawful medical, hospital, educational or
research institute or entity, which uses are not intended to be limited by this Section 8.12.
8.12.6(3)(c). A copy of its Application of Intent, Management Operations Profile, and invitation
to submit a Siting Profile for registration as an RMD from submitted to on file with the
Massachusetts
8.12.6 (4). The SPGA shall, within five (5) days receipt, refer copies of the application to the
Building Department, Fire Department, Police Department, Board of Health, the Conservation
Commission, and the Department of Public Works. These boards/departments shall review the
application and shall submit their written recommendations. Failure to make recommendations
within 35 days of referral of the application shall be deemed lack of opposition.
1
8.12.6(6)(b). No RMDMedical Marijuana Facility which sells or dispenses marijuana to the
public directly from its facility shall have a gross floor area of less than \[2,500\] square feet or in
excess of \[20,000\] square feet. Any Medical Marijuana Facility which is in excess of 20,000
square feet shall not sell or dispense directly to the public from any location on such property.
No RMD located on all or a portion of Map 34 Parcel 17, as shown on the MMOD Plan dated
March 3, 2017, prepared by Meridian Associates, Revised 03/30
sell or dispense marijuana to the public from anywhere on the Osgood Site. Further, the
maximum limitation on gross floor area of any RMD on the Osgood Site may exceed \[20,000\]
square feet, but may not be in excess of \[1,000,000\] square feet.
2
MMOD PLAN
3
Petition of Thomas E. Lee, et al
Board of Selectmen Recommendation: To be made at Town Meeting
Planning Board Recommendation: To be made at Town Meeting
ARTICLE 9
MOTION: Move to adopt Article 9 as printed in the Warrant and as displayed on the
screen
MOTION READER: Thomas E. Lee, Petitioner
MOTION PRESENTER: Thomas E. Lee, Petitioner
PRESENTATION FORMAT:
VOTE REQUIRED: Two Thirds (2/3) Vote
VOTE: ______________________________DATE: ___________TIME: _______________
4
Article 10: Citizen Petition- Authorization of the Town Manager and Board of Selectmen
to negotiate and execute a Host Community Agreement with Proposed Medical Marijuana
Cultivation Facility. To see if the Town will vote to authorize the Town Manager and Board of
Selectmen to negotiate and execute a Host Community Agreement with the owner of, and for, a
medical marijuana cultivation facility proposed at the property located at Map 34, Parcel 17,
commonly referred to as 1600 Osgood Street, North Andover upon such terms as the Town
Manager and Board of Selectmen shall deem to be in the best interests of the Town, which shall
include: (i) a payment by the property owner of an annual fee of at least $2.00 per square foot of
permitted and constructed cultivation space, (ii) a payment by the property owner of an annual
fee of $0.20 per square foot of permitted and constructed cultivation space to be used by the
Town for athletic fields for North Andover Youth Sports, and (iii) a minimum term of ten (10)
years, and to take such other actions as may be necessary to implement and administer such
agreement, or take any other action relative thereto.
Petition of Thomas E. Lee, et al
Board of Selectmen Recommendation: Favorable Action
ARTICLE 10
MOTION: Move to adopt Article 10 as printed in the Warrant and as displayed on the
screen
MOTION READER: Thomas E. Lee, Petitioner
MOTION PRESENTER: Thomas E. Lee, Petitioner
PRESENTATION FORMAT:
VOTE REQUIRED: Majority Vote
VOTE: ______________________________DATE: ___________TIME: _______________
5
Article 11: Citizen Petition-Amendment of the Zoning Map to Include Expanded Medical
Marijuana Overlay District. To see if the Town will vote to amend the Zoning Map of the
Town of North Andover, Massachusetts by including in the Medical Marijuana Overlay District
that portion of Map 34, Parcel 17 shown on theat MMOD Plan dated March 3, 2017, prepared by
Meridian Associates, Revised 03/30/2017, attached hereto.
6
MMOD Plan
7
Petition of Thomas E. Lee, et al
Board of Selectmen Recommendation: To be made at Town Meeting
Planning Board Recommendation: To be made at Town Meeting
ARTICLE 11
MOTION: Move to adopt Article 11 as printed in the Warrant and as displayed on the
screen
MOTION READER: Thomas E. Lee, Petitioner
MOTION PRESENTER: Thomas E. Lee, Petitioner
PRESENTATION FORMAT:
VOTE REQUIRED: Two Thirds (2/3) Vote
VOTE: ______________________________DATE: ___________TIME: _______________
8