HomeMy WebLinkAbout2002-09-23 Board of Selectmen Executive Minutes ^ BOARD OF SELECTMEN EXECUTIVE MINUTES SEPTEMBER 23,2002
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis;
Wendy Wakeman; Susan Haltmaier; Mark Rees, Town Manager; Ray Santilli, Assistant Town Manager; Chief
Richard Stanley; ZBR Chair,William Sullivan; Heidi Griffin, Director of Community Development and
Services; Kathleen McKenna, Town Planner; and Dr. Francis MacMillan, Board of Health Chair.
Wendy Wakeman made a MOTION, seconded by James Xenakis, to move into Executive Session
to discuss Rocket Entertainment. Vote approved 5-0.
The Board of Selectmen was individually polled and each voted unanimously to move into
Executive Session. Vote approved 5-0.
Rocket Entertainment.
The Town Manager informed the Board of Selectmen that he recently met with Bill Thompson and two of his
sons. At that meeting they reiterated their previous position that if the Town granted their request to operate a
regional recycling/transfer center at their location on Holt Road, they would drop their efforts to establish an
adult entertainment facility on that same property. Part of Mr. Thompson's legal strategy is that he would re-
file a new application under a different name to address the problem issues under the first application. The
Town Manager asked Town Counsel, Tom Urbelis to meet with the Board to discuss this matter.
Town Counsel told the Board that the First Amendment of the Constitution protects Adult Entertainment
facilities; therefore the Town cannot put an absolute ban on this type of facility. The Town could put certain
types of restrictions regarding where adult use facilities could locate through appropriate zoning, such as not
near schools, religious buildings, etc., away from the downtown area. Attorney Urbelis urged the Board to be
very careful regarding public statements regarding this type of facility in Town, since allegations of bias could
be brought forward.
In addition to receiving a special permit from the ZBA to operate an adult entertainment business, the
operator could also apply for two licenses, a liquor license and an entertainment license. The licenses must
be allowed unless the Board finds that the activity taken alone or with a combination of other license activities
adversely affects the publics health and safety. The Board must also give specific defensible reasons for a
denial.
William Sullivan, Chair of the Zoning Board of Appeals, stated that his Board denied the requested permit for
an adult entertainment establishment and is now on appeal in the Courts. This process will take at least a
year for the case to settle. The main grounds for the Zoning Board of Appeals denial was for lack of proper
information on compliance with 12 specific permit conditions. If the plaintiff returns with all the necessary
information on the twelve issues, then the ZBA would be hard pressed to deny the special permit application.
Francis MacMillan, Board of Health Chair, stated the main reason for denial of a recycling/transfer station was
for an excessive traffic problem and because so many regional facilities were located in or near North
Andover.
At a previous Board of Selectmen's meeting the Board unanimously voted not to pursue the recycling/transfer
station and to support the Zoning Board of Appeals denial. Wendy Wakeman made a MOTION, seconded by
James Xenakis, to reaffirm the Board's decision not to negotiate with Rocket Entertainment and to continue
forward with Adult Entertainment negotiations. Vote approved 3-1-1. Susan Haltmaier opposed and
Rosemary Smedile abstained. Rosemary Smedile stated that this is an important issue facing the town and
that it warranted further discussion and information.
ADJOURNMENT:
^ James Xenakis made a MOTION, seconded by Wendy Wakeman to move out of Executive Session. Vote
approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary