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HomeMy WebLinkAbout2021-05-10 Board of Selectmen Minutes NORTH ANDOVER SELECT BOARD MAY 10, 2021 Call To Order: Chairman Chris Nobile called the meeting to order at 7:00PM. In accordance with Governor Baker’s Executive Order issued on March 12, 2020, suspending certain provisions of the Open Meeting Law due to the ongoing COVID-19 public health emergency. ATTENDANCE: Laura Bates, Janice Phillips, Rosemary Smedile, Richard Vaillancourt, Chairman Chris Nobile, Town Manager Melissa Murphy Rodrigues, Director of Administrative Services Laurie Burzlaff and Deputy Town Manger Denise Casey were present. Chairman Nobile read the following statement: Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the North Andover Board of Selectmen will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town’s website, at www.northandoverma.gov. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. PUBLIC COMMENT None Master Plan Implementation Committee quarterly report Kelly Cormier and Jon Strauss of the Master Plan Implementation Committee were present via remote access and presented the Master Plan Implementation quarterly report. Select Board thanked the Master Plan Implementation Committee for their work on the report. Update on Stevens Estate Ms. Rodrigues stated Mass Audubon will be the non-profit partner with Fireside Catering. Ms. Rodrigues gave presentation on updates at the Stevens Estate. Ms. Smedile commented on the successful meeting with Mass Audubon. Ms. Phillips asked about the calendar of events and if there will be free public events. Ms. Rodrigues stated yes. Update on Senior Center Ms. Rodrigues gave update on Senior Center. Ms. Rodrigues stated at this time the Senior Center project is on hold until after Town Meeting. Ms. Bates asked if North Andover has met with contractor. Ms. Rodrigues stated yes. Ms. Smedile asked if they are choosing not to move forward. Ms. Rodrigues stated the advice that the contractor is receiving is that the risk is too high at this time. PUBLIC HEARING Application of New Cingular Wireless PCS, LLC d/b/a AT&T for small cell wireless installation on public way/poles MOTION: Ms. Phillips motioned to open the public hearing to receive comments regarding the application of New Cingular Wireless PCS, LLC d/b/a AT&T for small cell wireless installation on public way/poles. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Attorney Edward Pare with Brown, Rudnick LLP, as outside counsel, was present via remote representing AT&T. Attorney Pare gave presentation of small wireless installation on public way and poles. Ms. Rodrigues asked Attorney Pare if they already have an agreement in place with the pole owner. Attorney Pare stated yes there is an agreement with National Grid. Ms. Rodrigues asked if this will affect any public safety equipment on poles. Attorney Pare stated it will not. Mr. Nobile asked if maintenance of poles is still with the owner of the pole. Attorney Pare stated yes, AT&T is responsible for their equipment on the pole. Mr. Nobile mentioned the node that is not being worked on. Mr. Vaillancourt stated the area of Milk St/ Andover St is a dead zone. Attorney Pare stated he would go back to AT&T and mention that the Select Board is interested in getting additional coverage in the area of Milk St /Andover St. Ms. Phillips asked if any other carrier will be affected by this. Attorney Pare stated no, only AT&T. Ms. Rodrigues stated there were no public comments. Ms. Bates asked how often they would be changed out. Attorney Pare stated approximately 25 years but will be changed more often. Ms. Phillips asked if there can be more than one carrier on a pole. Attorney Pare stated there could be but National Grid is only allowing one. MOTION: Ms. Bates motioned to move that the Select Board close the public hearing to receive comments regarding the application of New Cingular Wireless PCS, LLC d/b/a AT&T for small cell wireless installation on public way/poles. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. NEW BUSINESS: Confirm appointment of Kathy Shelp as Elder Services Director Ms. Rodrigues introduced Kathy Shelp. MOTION: Ms. Smedile motioned to move that the Select Board confirm the Town Manager’s appointment of Kathy Shelp as Elder Services Director. Ms. Phillips seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Vote on application of New Cingular Wireless PCS, LLC d/b/a AT&T for small cell wireless installation on public way/poles MOTION: Mr. Vaillancourt motioned to move that the Select Board approve the request of New Cingular Wireless PCS, LLC d/b/a AT&T for small cell wireless installation on public way/poles as presented.. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Kindness Collaborative presentation Ms. Rodrigues introduced Alex Bromberg from Kindness Collaborative presenting the organization. Mr. Bromberg spoke about the partnership with North Andover. Mr. Vaillancourt asked if there are volunteer opportunities. Mr. Bromberg stated yes and that the volunteer opportunities are always different. Discussion and possible vote on Complete Streets policy Daniel Beckley, Andrew Shapiro and Suzanne Egan were all present via remote. Mr. Beckley gave an overview of the Complete Streets Funding Program. Mr. Vaillancourt asked what the next steps are. Mr. Beckley stated to approve the policy and it will be sent to MassDOT. Mr. Shapiro stated there will be a consultant brought on to work on technical assistance piece for the grant. Ms. Phillips asked if public input can be used to give feedback. Ms. Smedile asked if the plan included undergrounding of utilities. Mr. Beckley stated it is not recommended. Ms. Rodrigues stated at this time it is not recommended so businesses do not have to shut down. Ms. Bates asked where the funding for the consultant would come out of. Mr. Shapiro stated North Andover would apply for funding through the state. Ms. Bates mentioned with adding sidewalks, who will be maintaining them in the winter and may need a discussion about it in the future. MOTION: Ms. Bates motioned to move that the Select Board approve the Complete Streets policy. Ms. Phillips seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Jill Barker, Poet Laureate Committee Chair, was present via remote and asked if the Select Board meeting will go past 9:00PM. Ms. Rodrigues stated yes it can. Request of Samaritans of the Merrimack Valley to use Willow Street, Industrial Park roadway and Flagship Drive for the annual “Walk for Hope” on Saturday, October 23, 2021 from 8:30AM to 12:00PM MOTION: Ms. Smedile motioned to move that the Select Board approve the request of the Samaritans of Merrimack Valley to use Willow Street, Industrial Park roadway and Flagship Drive for the annual “Walk for Hope” on Saturday, October 23, 2021 from 8:30AM to 12:00PM. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile- yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Request of the Poet Laureate Committee to use the Town Common on May 22, 2021 from 1:00PM-3:00PM for an awards celebration for the Anne Bradstreet Poetry Contest Jill Barker, chair of the Poet Laureate Committee, was present via remote and explained the award celebration. MOTION: Ms. Bates motioned to move that the Select Board approve the request of the Poet Laureate Committee to use the Town Common on May 22, 2021 from 1:00PM to 3:00PM for an awards celebration. Ms. Phillips seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Mr. Vaillancourt asked Mr. Nobile to continue with requests, which would be out of order on the agenda. Request of the Festival Committee to use the Town Common on Tuesdays and Thursdays from 6:00PM-7:00PM from June 22, 2021 to September 2, 2021 for the Summer Fitness Series Ms. Rodrigues explained the use of the Town Common for Summer Fitness Series led by Ashley Vaillancourt. MOTION: Ms. Smedile motioned to move that the Select Board approve the request of the Festival Committee to use the Town Common on Tuesdays and Thursdays from 6:00PM-7:00PM from June 22, 2021 to September 2, 2021 for the Summer Fitness Series. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Request of the North Andover Athletic Association to use Osgood, Stevens, Great Pond Road, Pleasant Street, Stevens Street and Harkaway Road for the annual Knights on the Run 5K on October 16, 2021 from 8:45AM to 11:00 AM MOTION: Ms. Smedile motioned to move that the Select Board approve the request of North Andover Athletic Association to use Osgood, Stevens, Great Pond Road, Pleasant Street, Stevens Street and Harkaway Road for the annual Knights on the Run 5K on October 16, 2021 from 8:45AM to 11:00 AM. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Town Meeting Warrant article recommendations-Articles 7 (revised), 9 (revised), 12, 24, 25 and 32 Article 7- Ms. Burzlaff stated the revision of Article 7- the word “support” was added to paragraph M and a clerical error was corrected in section O (on page 13 of the warrant). MOTION: Mr. Vaillancourt motioned to move that the Select Board recommend Favorable Action on Article 7, as amended. Ms. Smedile seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Article 9- Ms. Egan explained the revision of Article 9- authorization to convey a restriction has been added. Ms. Bates asked how the agreement work with Mass Audubon after Town Meeting. Ms. Egan explained that the article on the Town Warrant allows the Conservation Commission and Select Board to vote to convey conservation restriction to Mass Audubon. MOTION: Mr. Vaillancourt motioned to move that the Select Board recommend Favorable Action on Article 9, as amended. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5- 0. Article 12- John Baker was present via remote and explained his citizen petition. MOTION: Ms. Smedile motioned to move that the Select Board recommend Favorable Action on Article 12. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Article 24 & 25 MOTION: Mr. Vaillancourt motioned to move that the Select Board recommend No Action on Article 24 & 25. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Article 32- Ms. Rodrigues stated the Planning Board requested a study of utilities. Ms. Phillips stated the need to be cautious with development but taking the opportunity off the table is not the way to go. Mr. Vaillancourt stated there were a number of negative impacts on the strategies that were identified during Master Plan Committee by the citizens of the town. Ms. Bates mentioned bringing all of the studies together into one document for reference. Ms. Smedile mentioned wanting to hear more from the Planning Board and will not be voting on the motion. MOTION: Mr. Vaillancourt motioned to move that the Select Board recommend Unfavorable Action on Article 32. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-no; Vaillancourt-yes; Nobile-yes. Motion approved 4-1. LICENSING: MOTION: Mr. Vaillancourt motioned to open a meeting of the North Andover Licensing Commission. Ms. Philips seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Request of Ashley Piazza of Smolak Farms for a one day wine and malt license for a Whim Dinner on June 2, 2021 from 5:30PM to 9:00PM MOTION: Mr. Nobile motioned to move that the Select Board, acting as licensing commissioners approve the request of Ashley Piazza of Smolak Farms for a one day wine and malt license for a Whim Dinner on June 2, 2021 from 5:30PM to 9:00PM. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Request of Deborah Ingalls of Butlers and Bars for three (3) one day all alcohol licenses and waiver of police detail for the following events in the Large Event Tent: 1. Bridal shower on May 16, 2021 from 11:-00AM to 4:00PM 2. Micro wedding on May 16, 2021 from 4:30PM to 9:00PM 3. Cocktail party on May 20, 2021 from 5:00PM to 9:00PM Mr. Vaillancourt clarified the dates with Ms. Ingalls for the Micro Wedding to be held on June 14, 2021 and not May 16, 2021 as written. MOTION: Mr. Vaillancourt motioned to move that the Select Board, acting as licensing commissioners approve the request of Deborah Ingalls of Butlers and Bars for three (3) one day all alcohol licenses and waiver of police detail for the events in the Large Event Tent, as amended with Micro Wedding being held on June 14, 2021. Ms. Phillips seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Request of Kate Bibeau of The Trustees of Reservations for two (2) one day wine and malt licenses for Father’s Day Bash on June 19, 2021 and June 20, 2021 from 3:00PM to 7:30PM Ms. Rodrigues stated there were (3) public comments for this request: 1) Susan Rochwarg & Jeffrey French of 100 Old Village Lane requesting a denial of licenses due to the negative impact of noise, music and traffic within the neighborhood. 2) Kelly Cormier of Andover St requesting a denial of licenses due to the negative impact of noise, music and traffic within the neighborhood. 3) Mary Kilpatrick of Andover St requesting a denial of licenses due to the negative impact of noise, music and traffic within the neighborhood. Ms. Smedile stated the fire department requested access to the building be maintained. Ms. Bibeau was present via remote. Ms. Rodrigues read the restrictions for the license. Ms. Bibeau stated they are setup as stated. Ms. Smedile stated her concern with the change in business practices. Ms. Bibeau spoke on each point. Ms. Smedile suggested Ms. Bibeau have more communication with the surrounding neighbors to come to a mutual consensus. Mr. Vaillancourt mentioned the neighbors have stated that guests were walking through their yards at a recent event. Ms. Smedile mentioned the lack of screening in place. Ms. Bibeau stated more screening has been added. Ms. Smedile asked about car headlights. Ms. Bibeau mentioned parking is not facing houses. Ms. Rodrigues suggested having an inspector do a compliance and sound check. Ms. Bates asked Ms. Bibeau if this would be the first event on the new area lawn. Ms. Bibeau stated it was there last year. Ms. Bates asked Ms. Bibeau if there is a contact for the neighbors that would be available during the events. Ms. Bibeau stated yes. Ms. Bibeau mentioned the new restrooms have been built so there will be no more portable ones. MOTION: Mr. Nobile motioned to move that the Select Board, acting as licensing commissioners approve the request of Kate Bibeau of The Trustees of Reservations for two (2) one day wine and malt licenses for Father’s Day Bash on June 19, 2021 and June 20, 2021 from 3:00PM to 7:30PM. Mr. Vaillancourt seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. MOTION: Ms. Bates motioned to close a meeting of the North Andover Licensing Commission. Mr. Nobile seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF APRIL 26, 2021 MOTION: Mr. Vaillancourt motioned to approve the Open Session minutes of March 16, 2021. Ms. Bates seconded. Roll call vote: Bates-yes, Phillips-yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. OLD BUSINESS None TOWN MANAGER’S REPORT Ms., Rodrigues gave the following report: - Business Permitting Guide- explained the new guide - Job Vacancies- went over the open positions that have recently been filled SELECT BOARD UPDATES & COMMENTS Ms. Phillips spoke about the new library hours and clean-up day. Ms. Phillips thanked the Town Manager for the new Business Permitting Guide. ADJOURNMENT MOTION: Ms. Bates made a MOTION, seconded by Ms. Phillips to adjourn the meeting at 10:18PM. Bates-yes, Phillips- yes; Smedile-yes; Vaillancourt-yes; Nobile-yes. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Richard Vaillancourt, Clerk of the Board