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HomeMy WebLinkAbout2007-12-03 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES DECEMBER 3, 2007 CALL TO ORDER: James Xenakis called the meeting to order at 6:30 PM at Town Hall Meeting Room. ATTENDANCE: The following were present: James Xenakis, Chairman; Thomas Licciardello; Rosemary Connelly Smedile; Daniel P. Lanen; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager. SWEARING IN CEREMONY: Police Officer Brendan Gallagher and Jarrad Lawler Police Chief Richard Stanley proudly introduced the town's newest police officers. The Town Clerk, Joyce Bradshaw, swore police Officers Brendan Gallagher and Jarrad Lawler into office. EXECUTIVE SESSION: Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to move into Executive Session to discuss Pending Litigation and Collective Bargaining. Vote approved 5-0. The Board of Selectmen was individually polled and each voted to move into Executive Session. Daniel P. Lanen, yes; Mark Caggiano yes; Rosemary Smedile, yes, and Thomas Licciardello yes; James Xenakis yes. Vote approved 5-0. APPROVAL OF MINUTES: Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the minutes from the following meeting dates: October 22, 2007, Open Session; November 5, Open Session and Executive Session; November 19, 2007, Open Session and Executive Session. Vote approved 5-0. CONSENT ITEMS: Affordable Unit at Kittredge Crossing The Housing Partnership Committee recommends that the Board of Selectmen not exercise their right of first refusal for the affordable housing resale unit at Kittredge Crossing. The Town would then allow CHAPA to maintain the unit as affordable and has 120 days to find an applicant that meets the affordable criteria. The deadline to act is December 16, 2007. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to not exercise their right of first refusal for the affordable housing resale unit at Kittredge Crossing. Vote approved 5-0. 40R Sub-Committee On September 19, 2006, a sub-committee was set up with organizing the 40R process, putting the application, bylaw, and rules and regulations together and the development agreement. Because the above-mentioned tasks have been completed, it is recommended that the Board of Selectmen dissolve the 40-R sub-committee. Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to dissolve the 40-R sub- committee. Vote approved 5-0. COMMUNICATIONS,ANNOUNCEMENTS, AND PUBLIC COMMENT: Presidential Primary Date Change Town Clerk Joyce Bradshaw said the date of the 2008 Presidential Primary Election has been changed from March 4, 2008 to February 5, 2008 as a result of passage of both houses of the Massachusetts Legislature and signing by Governor Patrick. Joyce Bradshaw asked the Board of Selectmen to vote on a change of time of the opening of the polls to 6:00 AM to 8:00 PM for the February 5, 2008 Presidential Primary and the State Election on November 4, 2008. Schools will be closed on November 4, 2008. Board of Selectmen Meeting December 3, 2007 2 Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to approve the change of time of the opening of the polls to 6:00 AM to 8:00 PM on February 5, 2008 and November 4, 2008. Vote approved 5-0. New Business Recognition: Network Allies, LLC A Certification of Appreciation was presented to Network Allies, LLC for locating their business in North Andover. Library Director Retirement: Sue Ellen Holmes The Board of Selectmen presented Sue Ellen Holmes with a plaque in appreciation for 41 years of service at the library in the town of North Andover. LICENSING COMMISSIONERS: Rosemary Smedile made a MOTION, seconded by Thomas Licciardello, to move into Licensing. Vote approved 5-0. Determination to conduct Liquor Violation Hearing: Beijing Restaurant Licensing Chairman Mark Caggiano told the Board that on September 30, 2007 at 12:16 a.m. the police department received a call for service regarding a disturbance at the Beijing Restaurant, Inc located at 1250 Osgood Street. Shift supervisor, Sgt. Diane Heffernan explained the incident, which started at the bar in the restaurant. Management ushered all those involved out into the parking lot where the fight and disturbance ensued outside. Two individuals who were extremely intoxicated assaulted six individuals and taking into custody and arrested for assault and battery with a dangerous weapon. Licensing Chairman Caggiano suggested the Licensing Commission consider a liquor violation. Thomas Licciardello made a MOTION, seconded by Rosemary Smedile, to conduct a liquor violation hearing for the violation, date to be determined by the Chair. Vote approved 5-0. James Xenakis made a MOTION, seconded by Thomas Licciardello, to move out of Licensing. Vote approved 5-0. OLD BUSINESS: Winter Parking Ban Revisions At the Board's November 19, meeting the Board reviewed the Winter Parking Ban that was to go into effect on December 1, 2007, at 12:01 AM with a change that vehicles cannot park on sidewalks. Police Chief Richard Stanley and Fire Chief Bill Martineau made recommendations that the Winter Parking Ban should be amended to provide clear instruction that parking on sidewalks will not be allowed anywhere. Since that meeting many residents received parking tickets for$25 for parking on sidewalks. The residents were surprised and confused because no one had informed them of the amended Winter Parking Ban and many residents were left with no where to park their vehicles. There were several residents that voiced their opinions about the parking situation. The particular streets in question were Beverly Street, and Thorndike Street. The Board decided to let the Town Manager, Police Chief and the Fire Chief look at these particular streets and come up with a decision by the Board's next scheduled meeting on December 10, 2007. Board of Selectmen Meeting December 3, 2007 3 Wireless Communication Facilities The Board of Selectmen, Town Counsel Thomas Urbelis, Community Development Director Curt Bellavance, and Town Manager Mark Rees made statements pertaining to Wireless Communication Facilities and in particular to an antenna that was placed in the First Calvary Baptist Church's steeple on Mass. Ave. Town officials emphasized the town spent around $10,000 for a Special Town Meeting to decide if a six-month moratorium should be passed on issuing and renewing wireless permits. The article failed to earn the required two-thirds vote at 124 to 94. Chairman Xenakis said there would be no public forum following the presentation. Town Counsel Thomas Urbelis addressed the concern that the town's 600-foot setback had been violated. Urbelis explained the setback was recognized at face value by the Massachusetts Attorney General, but the Federal level didn't accept it. The Federal Communications Commission's concern was that the setback be enough to prevent a cell tower from falling on an abutting structure. According to the bylaw, the 600-foot setback does not apply when installed on a pre-existing structure. Instead, the town's zoning district applies, which requires distance of 30 feet in front, 20 feet on the side and 30 feet in the rear from other properties. Planning Board Chairman Richard Nardella further explained that the wireless bylaw's 600-foot setback was designed for free-standing cell towers. The 600 feet came from predicting that towers would be 300 feet at their highest and then doubling that to allow for a fall zone. To date, one cell tower has been installed in town and the rest of the wireless equipment is on pre-existing structures throughout town. Mr. Nardella said that the Planning Board held a public hearing on June 20, 2006 and granted a special permit to T-Mobile/Omnipoint Communications. Prior to that, letters were reportedly sent to 33 land abutters, including residents of Autran and Mass. Ave. inviting them to the June hearing. Daniel Lanen made a MOTION, seconded by Mark Caggiano, to open this session to Public Comment. Vote approved 4-1. James Xenakis opposed. Mr. Steve Tryder of 386 Chestnut Street and Ms.Thea Fournier of 247 Main Street are co-founders of Neighborhoods for Responsible Wireless. Ms. Fournier said she wasn't trying to fight the town officials, but rather offer her eight years of experience on wireless matters as a resource. Mr. Tryder said he wrote a letter to the ZBA and School Committee in September 2006 concerning the antenna at First Calvary Church. Mr. Tryder said that he is hopeful awareness has been raised about the discrepancies with the town wireless bylaw and the need for better management of permits, penalty fees and record keeping. Chairman Xenakis ended the public comment when Mr. Tryder's conversation became heated and out of hand. Note: Daniel Lanen recused NEW BUSINESS: Comments on Chapter 40B Comprehensive Permit: The Greenery Curt Bellavance Community Development Director drafted a comment letter for the Board of Selectmen to review and forward to the Department of Housing & Community Development (DHCD) whenever a comprehensive permit project seeks site endorsement from the state. Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to endorse the comment letter to the DHCD stating general support for the Greenery project for the Chapter 40B housing. Vote approved 4-0. Board of Selectmen Meeting December 3, 2007 4 Note: Daniel Lanen returned Workshop of Property Tax Classification Chief Assessor Garrett Boles prepared a summary and impact spreadsheets upon which tax factor is chosen by the Board. Mr. Boles said that the numbers have shifted the taxes to businesses than to residential for the first time in many years. The Tax Classification Public Hearing will be held on Monday, December 10, 2007. Meeting Schedule for 1St Half of 2008 Thomas Licciardello made a MOTION, seconded by Mark Caggiano, to approve the recommended 2008 meeting schedule for the Board of Selectmen of Jan. 7, 28, Feb. 11, 25, Mar. 10, 24, 31, Apr. 14, 28, May 5, 19, Jun. 2, 16, 2008. Vote approved 5-0. TOWN MANAGER'S REPORT: DPW Director Bill Hmurciak prepared a memo describing 2008 spring Chapter 90 projects, which are being submitted for approval by Mass Highway. The roads to be reconstructed or resurfaced are Mass Ave. from Waverly Road to Rt. 495, Academy Road, and Main Street from Sutton Street to Water Street. The work on Main Street will include the removal of the deteriorating brick crosswalks and replacing them with imprinted street print texturing. The Massachusetts High Technology Council recently honored North Andover as being the#2 community in Massachusetts in terms of being business "tech friendly". ADJOURNMENT: Mark Caggiano made a MOTION, seconded by Thomas Licciardello, to adjourn the meeting at 8:55 PM. Vote approved 5-0. Adele J. Johnson Administrative Secretary Thomas Licciardello, Clerk of the Board