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HomeMy WebLinkAbout2022-03-14 Board of Selectmen Minutes SELECT BOARD MINUTES MARCH 14, 2022 Call To Order: Chair Laura Bates called the meeting to order at 6:35PM in the Town Hall Select Board Meeting Room. The open session meeting was recorded. Attendance: Chair Laura Bates, Janice Phillips, Clerk Rosemary Smedile, Richard Vaillancourt, Chris Nobile, Town Manager- Melissa Murphy Rodrigues, Director of Administrative Services- Laurie Burzlaff and Deputy Town Manger- Denise Casey were present. PUBLIC COMMENT Anne Gray, 49 Rosedale Ave, commented on the upcoming Royal Crest project. Ms. Gray is concerned with the density of the project. Ms. Gray proposed to have a police substation put into Royal Crest area to facilitate with safety and crime. Ms. Gray mentioned putting a fence on the median strip to help improve safety. Ms. Rodrigues suggested Ms. Gray attend the joint meeting with the Planning Board at 7:30 PM to discuss some of her questions and comments. GOVERNMENTAL REPORTS Community Preservation Committee recommendations for Town Meeting Brian Roche, chair of CPC, gave a presentation on the Community Preservation Committee recommendations for Town Meeting. Mr. Vaillancourt asked Mr. Roache to elaborate on the set aside amount. Mr. Roache stated since North Andover is under 10% for affordable housing and historic preservation for projects, the 10% will be set aside for future projects. Ms. Phillips asked Mr. Roache if possible to use set aside funds during the year or have to wait until next year. Mr. Roache stated cannot be used the same year unless it is stated for a certain purpose ahead of time. Ms. Rodrigues stated, for time purposes to only, go through agenda items up until New Business Section A and then reconvene after joint meeting with Planning Board to finish remaining items on agenda. Update on FY22 Goals Ms. Rodrigues stated FY22 Goals are being sent to the Select Board on a quarterly basis and went over the spreadsheet of the status of the current goals. LICENSING MOTION: Mr. Nobile motioned to open a meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. Merrimack College application for a one day wine and malt liquor license in Cascia Hall for a reception on April 8, 2022 from 7:00PM to 10:00PM MOTION: Ms. Phillips motioned to approve the application from Merrimack College for a one-day wine and malt liquor license in Cascia Hall for a reception on April 8, 2022 from 7:00PM to 10:00PM. Ms. Smedile seconded. Motion approved 5-0. MOTION: Mr. Vaillancourt motioned to close a meeting of the North Andover Licensing Commission. Ms. Phillips seconded. Motion approved 5-0. Vote to accept town meeting warrant articles for the May 17, 2022 Town Meeting and refer zoning articles to the Planning Board Ms. Rodrigues stated the warrant has 29 articles, 1 citizen petition. There are three zoning articles and two land acquisition articles to Planning Board. MOTION: Ms. Phillips motioned to close a meeting of the North Andover Licensing Commission. Mr. Vaillancourt seconded. Motion approved 5-0. 1 SELECT BOARD MINUTES MARCH 14, 2022 MOTION: Mr. Nobile motioned to move into recess at 7:20PM. Ms. Phillips seconded. Motion approved 5-0. Joint Meeting with Planning Board MOTION: Mr. Nobile motioned to recess to move out of recess at 7:30PM. Ms. Phillips seconded. Motion approved 5-0. Eitan Goldberg, Chair of the Planning Board, called the Planning Board meeting to order. Update on Royal Crest project by Trinity Financial Michael Losano VP of Trinity Financial and John Martin of Elkins and Manfredi Architects were present at the meeting. Mr. Martin gave a presentation on the Royal Crest project. Mr. Goldberg asked to give current proposal for numbers of different type of unit and retail, office space. Mr. Losano stated increased set back on Route 114 to 70 feet from property line and 87 feet from roadway. Student housing 146 feet from property line and 163 feet from roadway. Increased amount of open space, redesign buildings and a maximum of four stories. Reduced housing by 176 beds, reduced townhouses by 1, reduced office building by 15,500 square feet. Update on Royal Crest project by Trinity Financial Mr. Goldberg went over the bylaw and explained it goes over specific sizing and uses for each building. Mr. Goldberg stated if approved at Town Meeting the applicants would need to come to the Planning Board each project change to make sure it is allowed by the bylaw. Update on the Royal Crest Development Agreement by Town Manager Melissa Rodrigues Ms. Rodrigues gave a presentation on development agreements. Ms. Rodrigues went over that the Planning Board is considering a zoning overlay that would enable the proposed development pending a plan review. Ms. Rodrigues explained the water improvement study with the acquisition of 400 Great Pond Rd- the level of the water cannot be raised and with the acquisition it will be able to raise the lake level 1 foot for one month of summer water. Mr. Boynton stated there has not been a study on what the effect would be to the lakeshore encroachment on lakeshore property owners and total cost to the Town for dealing with impact. Ms. Rodrigues stated she has spoken with DPW about any other properties that would be affected, they do not know of any other properties that will be. Mr. Boynton stated all property owners’ land would be impacted as though they would lose a portion of their property and the cumulative effect of erosion for that portion of land that has never been exposed to wave action. Ms. Rodrigues stated a mitigation strategy will be looked at. Mr. Simons stated the study was not good or complete so does not feel it is a good idea. Mr. Nobile mentioned looking at the objective behind it and addressing the problem. Mr. Goldberg stated not locking into using the funds to purchase the property but rather to use to address the issue. Mr. Simons asked about the contingencies. Ms. Rodrigues stated depending on what happens the money set aside can be spent according to the outcome as stated by contingencies. Mr. Goldberg asked how the agreements get voted on and by whom. Ms. Rodrigues explained the Select Board votes on all development agreements. Ms. Rodrigues introduced Justin Humphries, Superintendent Gilligan and Assistant Superintendent Mealey. Mr. Goldberg asked if the project is approved, what does it affect with the school enrollment, has it been planned for and accounted for, where and how do new students go and how is it incorporated. Dr. Mealey stated when enrollment projections were finalized the Royal Crest project was included in the projections. Dr Mealy stated about 35 students per year as the growth figure. Mr. Vaillancourt asked if 35 over all grades. Dr. Mealey stated yes . Mr. Nobile asked if total enrollment has been less than it was ten years ago. Dr. Mealey stated a little less but more flat. Ms. Cormier asked about the impact analysis stating 89 more students but 35 was stated as the growth. Dr. Mealey stated it is the average overtime. Mr. Boynton asked will the delta of the largest development in the town cause another school to be built. Dr. Mealey stated no. Mr. Goldberg asked about the Facilities Master Plan II. Dr. Mealey stated the School Department is coming to Town Meeting with approval for design of the Middle School and Kittredge. Mr. Goldberg asked if the Royal Crest 2 SELECT BOARD MINUTES MARCH 14, 2022 proposal bypass is approved would the Franklin School timeline be adjusted. Dr. Mealey stated it would allow to move up the addition of the gym and repurpose the current gym for classrooms. Ms. Bates asked if the breakdown is by units in Royal Crest. Mr. Humphries stated yes. Ms. Bates asked Dr. Mealey about Berry Farms and Princeton Apartments. Dr. Mealey stated the estimate of Berry Farms was 43, presently at 46 students and Princeton Apartments was projected at 13 and currently at eight students. Mr. Vaillancourt asked how long the Royal Crest project will take, how many phases. Ms. Rodrigues stated 6 phases. Mr. Goldberg stated about 8 to 10 years to fully complete. Ms. Rodrigues presented the Merrimack College development agreement. Mr. Boynton asked if the Town will receive $10 million if this goes forward. Ms. Rodrigues stated yes. Mr. Boynton pointed out and summarized the difference between Royal Crest today compared to the most current proposal. Mr. Vaillancourt commented that Royal Crest is an aging property and this development agreement is in line with the area as it was intended to go as well as adding retail and business as a destination. Ms. Smedile stated the concern about the traffic and the students at Merrimack crossing the road. Ms. Phillips asked about the number of residents. Ms. Rodrigues stated there are 1600 residents and 800 are not college students, there will be 2816 residents based on the study. Mr. Boynton stated the proposal states 3500. Ms. Rodrigues stated to take out the office, the hotel and take out students. Mr. Nobile stated his support with the agreement. Ms. Bates stated her support with the agreement. Ms. Smedile asked about the 34 acres by the YMCA and why that is not being used. Jeff Doggart of Merrimack College was present at the meeting and explained the decision to support the development agreement. Mr. Doggert answered Ms. Smedile’s question regarding 34 acres stating Merrimack wanted to be a part of the Royal Crest to build a financial bridge to help North Andover. Ms. Rodrigues asked Mr. Doggert if Merrimack cannot use the lot across from the YMCA since it is being used as a retaining pond. Mr. Doggert stated all 24 acres cannot be developed. Mr. Goldberg mentioned the concern about the noise and nuisance guidelines of Merrimack should be addressed whether or not the development agreement is passed. Mr. Boynton asked what can be done if there is a traffic issue and North Andover receives the $1 million. Ms. Rodrigues stated adaptive signalization further outside of the project will be looked into. Mr. Boynton asked Ms. Rodrigues if this is the only shot for the project or if it could be changed further. Ms. Rodrigues stated that she could not answer the question, she could present and explain the development agreement. MOTION: Mr. Vaillancourt motioned to move into recess at 9:48PM. Mr. Nobile seconded. Motion approved 5-0. MOTION: Ms. Phillips motioned to move out of recess at 9:51PM. Mr. Nobile seconded. Motion approved 5-0. Discussion and possible vote on development agreements-Royal Crest Mr. Vaillancourt asked Ms. Rodrigues if there should be any changes. Ms. Rodrigues stated not at this time. Ms. Phillips asked if there will be a vote on the Merrimack piece as well. Ms. Rodrigues stated it can be voted on now or at a later time. Ms. Smedile stated she would rather wait until the information is in the packet for the public. Ms. Rodrigues stated when there is a legal agreement that is a contract it is not released until it is discussed publicly and it will be immediately posted after the public discussion. Mr. Vaillancourt asked if there is a time constraint for the item and if there is an opportunity to vote at a later time. Ms. Rodrigues stated to hold the vote until 3/28 but would like to hear what the Select Board’s thought are on the agreement. Mr. Nobile asked why not vote on it tonight instead of waiting if there is no objection to the terms. Mr. Vaillancourt mentioned that waiting two weeks to vote will provide goodwill and transparency it would be good to allow for public to comment on the project. Mr. Nobile stated his concern with the practicality of waiting two weeks and receiving additional comments that lead to revising the agreement. Ms. Rodrigues stated her concern with opening comments to discuss items that may not be able to be discussed. Ms. Phillips agreed waiting two weeks will not make an impact. Ms. Bates asked each member what they feel about the agreement. Mr. Vaillancourt stated his surprise at the amount and very happy and supportive of the agreement. Ms. Smedile stated since it was not an agenda for the public it makes her uncomfortable to discuss. Ms. Phillips asked Ms. Smedile what would change over the next two weeks. Ms. Smedile stated it is the principle of not stating the exact terms of the agreement. Ms. Phillips stated the concern about not having a bridge from Merrimack College. Ms. Bates mentioned the change from $500,000 from Great Pond Rd to the water study improvements. Ms. Phillips asked if language can be changed around money reserved for pedestrians if cost is in excess that renegotiations can occur. Ms. Rodrigues stated if the pedestrian bridge is brought up again with MassDOT and Merrimack College. Ms. Smedile stated if there is an excess we should be able to keep it or to use it. Mr. Vaillancourt mentioned interest in the fence idea to keep students safe. Mr. Nobile agreed that if something is in the island it may be a deterrent and the State may possibly fund the fence since it would be located on state roadway. Ms. Rodrigues stated it was discussed by MassDOT and Trinity early on in negotiation and stopped due to 3 SELECT BOARD MINUTES MARCH 14, 2022 possibly climbing over the fence if in the middle of the highway. Mr. Nobile asked to challenge MassDOT on other alternatives. Ms. Bates stated two weeks will not make a difference and invited public to attend the meetings and make comments at the meetings. MOTION: Mr. Nobile motioned to approve the Royal Crest Development agreements as presented. Ms. Phillips seconded. Motion approved 4-0-1. Vote on consent for KP Law to represent Massachusetts Audubon Society with regard to grant of a conservation restriction on the Stevens Estate property Town Council Suzanne Egan was present at the meeting and explained the waiving of conflict provision. Ms. Egan explained unless the town received a great benefit for waiving something, otherwise you would not waive. Mr. Nobile asked if there are silos. Ms. Eagan stated the letter was presented because under the law it is required. Ms. Phillips asked for clarification on the letter. Ms. Egan stated KP Law represents the Town with the Stevens Estate and now they are representing Mass Audubon with the Stevens Estate. Mr. Vaillancourt stated should eliminate any risk. Select Board took no action. APPROVAL OF OPEN SESSION MINUTES OF FEBRUARY 28, 2022 MOTION: Mr. Nobile motioned to approve the Open Session minutes of February 28, 2022. Ms. Phillips seconded. Motion approved 5-0. APPROVAL OF AMENDED OPEN SESSION MINUTES OF JANUARY 24, 2022 MOTION: Mr. Nobile motioned to approve the amended Open Session minutes of January 24, 2022. Ms. Phillips seconded. Motion approved 5-0. Select Board Report Ms. Phillips mentioned COVID testing sites for Stop the Spread will be closing, Lawrence General will remain open. Mr. Nobile mentioned NACam has posted a survey and encouraged residents to respond to the survey to help with their renewal and funding. ADJOURNMENT MOTION: Mr. Nobile made a MOTION, seconded by Ms. Phillips to adjourn the Select Board meeting at 10:33PM. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Presentations Memorandum Application Minutes Presentations Letters 4