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HomeMy WebLinkAbout2022-04-11 Board of Selectmen Minutes SELECT BOARD MINUTES April 11, 2022 Call To Order: Chair Laura Bates called the meeting to order at 7:15PM in the Town Hall Select Board Meeting Room. Attendance: Chair Laura Bates, Janice Phillips, Clerk Rosemary Smedile, Richard Vaillancourt, Town Manager- Melissa Murphy Rodrigues, Director of Administrative Services- Laurie Burzlaff and Deputy Town Manger- Denise Casey were present. EXECUTIVE SESSION Chair Bates stated the Board will enter Executive session to conduct strategy with respect to litigation, to discuss strategy with respect to consider purchase of real estate, approve executive session minutes and declared that an open meeting will have a detrimental effect on the litigating position of the Board. MOTION: Ms. Phillips motioned the Select Board enter into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)(3) and Section 21(a)(6) to discuss strategy with respect to collective bargaining and considering the purchase or value of real estate. Ms. Smedile seconded. Motion approved 5-0. The Board returned to Open Session at 7:15PM. The open session meeting was recorded. PUBLIC COMMENT Ms. Bates stated over 100 comments were received regarding zoning change article for Royal Crest. Ms. Bates stated all comments are attached to the agenda. Ms. Rodrigues read the names of the residents that stated they were favorable and unfavorable to the zoning law change. Regina Kean of 412 Mass Ave. serves on the Finance Committee but she's commenting on behalf of herself. Ms. Kean is supportive of the Royal Crest zoning article. Anne Gray of 49 Rosedale Avenue was present at the meeting and is concerned with the development of 40B and asked what as a town is North Andover doing to fight back with the state. Ms. Gray asked the Select Board to help support the residents that want to have a say in what happens in the development of the town. Mike Consoli of 35 Meadowood Rd. asked what the alternatives are to what is being proposed. Mr. Consoli stated he is against the Royal Crest article. Ryan Schruender of 60 Phillips Court stated if Merrimack College was not involved in the project he would feel more comfortable to support the Royal Crest zoning article. Mr. Schruender asked to Select Board to think long term. Gerald Brecker of 48 Pleasant St. stated a majority of the residents have voted no on this project back to last Town Meeting. Mr. Brecker suggested listening to the Planning Board. Laura Craig-Comin 58 Fernwood St. stated being in favor of the Royal Crest zoning article. CITIZEN PETITION- Jesus Melendez Jesus Melendez was present at the meeting. Planning Board recommendations for Town Meeting-Eitan Goldberg Planning Board Chair Eitan Goldberg was present at the meeting and explained each article. Article 27: Amend zoning bylaw by adding part 13 inclusionary housing requirement Planning board voted favorable action unanimously. Ms. Bates asked to define what an affordable unit is. Ms. Rodrigues stated 80% of the median. Ms. Bates asked if the price of 1 SELECT BOARD MINUTES April 11, 2022 the unit needs to be at a certain percent. Ms. Smedile stated the income and the purchase price are tied together. Ms. Smedile stated for a rental only 25% have to be affordable. Ms. Rodrigues stated it is requiring that individual units must be affordable. Article 28 and 29: Amend zoning bylaw by adding Article 19 mixed use overlay district Planning board recommended unfavorable action 3–2. Mr. Goldberg mentioned reasons against this article were the size, the scope, the density, the traffic and how much physical benefits would actually be there. The Planning Board members that voted favorable action reasons were affordable housing, mixed use, and financial benefits. Mr. Vaillancourt asked Mr. Goldberg if there is a density threshold that would be acceptable for this project. Mr. Goldberg stated the developers got to the lowest number and the board was concerned with the size and the scope of the project. Town Counsel-Draft compliance guidelines for multifamily districts under Section 3A of the Zoning Act. Andrew Shapiro and Suzanne Egan were present at the meeting and gave a presentation on the draft compliance guidelines for multifamily districts under Section 3A of the zoning act. Mr. Vaillancourt mentioned we don't have a station in North Andover, North Andover tried but was denied. Ms. Egan stated she spoke with a rep at DECD about the issue and the rep encourage to provide comments into the draft guidelines to change the designation. Ms. Phillips asked when the DACD will get back to us. Mr. Shapiro stated most likely will issue the final guidelines and may or may not result in being re-classified. Ms. Egan mentioned this will be to remove discretionary permits for creating housing not necessarily about building housing. Mr. Shapiro stated the state is encouraging more multi use zoning. Ms. Bates asked if there are any other changes when North Andover becomes an adjacent community. Ms. Egan stated there will be more flexibility with location and zoning where it is most appropriate. Request of North Andover Merchant’s Association to use the Town Common for the Fall Festival on September 17, 2022 from 7:00AM to 7:00PM and to close Mass Ave. from Main Street to the roundabout MOTION: Mr. Vaillancourt motioned to approve the request of North Andover Merchant’s Association to use the Town Common for the Fall Festival on September 17, 2022 from 7:00AM to 7:00PM and to close Mass Ave. from Main Street to the roundabout. Ms. Smedile seconded. Motion approved 5-0. Request of Town Treasurer to enter into 5 year contract for postage meter MOTION: Ms. Smedile motioned to approve the request the Town Treasurer to enter into a 5-year contract for the postage meter. Ms. Phillips seconded. Motion approved 5-0. Proposed surplus property policy Ms. Rodrigues explained the change to the property policy surplus to be voted on after Town Meeting. Ms. Bates asked how many items are over $10,000. Ms. Rodrigues stated not many, mostly vehicles which are mainly fire trucks and the occasional real estate. Add Town Counsel to special municipal employees list MOTION: Mr. Nobile motioned declare Town Counsel as a Special Municipal Employee. Mr. Vaillancourt seconded. Motion approved 5-0. Appoint Ryan Hale to the Conservation Commission MOTION: Ms. Smedile motioned to appoint Ryan Hale to the Conservation Commission for a term ending June 30, 2024. Ms. Phillips seconded. Motion approved 5-0. 2 SELECT BOARD MINUTES April 11, 2022 Request of Gregory Minasian of the Armenian National Committee of Merrimack Valley to raise the Armenian Flag at the Town Common from April 22, 2022 through April 30, 2022 MOTION: Ms. Smedile motioned to approve the request of Gregory Minasian of the Armenian National Committee of Merrimack Valley to raise the Armenian Flag at the Town Common from April 22, 2022 through April 30, 2022 and to proclaim every year on April 24 be known as Armenian Remembrance Day. Mr. Nobile seconded. Motion approved 5-0. Request of Gregory Minasian of the Armenian National Committee of Merrimack Valley to raise the Armenian Flag at the Town Common from April 22, 2022 through April 30, 2022 MOTION: Ms. Smedile motioned to approve the request of Gregory Minasian of the Armenian National Committee of Merrimack Valley to raise the Armenian Flag at the Town Common from April 22, 2022 through April 30, 2022 and to proclaim every year on April 24 be known as Armenian Remembrance Day. Mr. Nobile seconded. Motion approved 5-0. Request of Neurofibromatosis Northeast for the annual Coast to a Cure cycle event on September 10, 2022 MOTION: Ms. Smedile motioned to approve the request of Neurofibromatosis Northeast for the annual Coast to a Cure cycle event on September 10, 2022. Mr. Nobile seconded. Motion approved 5-0. Request of North Andover Youth Baseball to install a batting cage at Sharpners Pond baseball field and replace batting cage at Carl Thomas Field Rick Green 357 Brae St. was present at the meeting and gave a presentation on the batting cages. Mr. Green stated the abutters meeting was held and four abutters attended. Mr. Green stated the abutters were in favor of the batting cages. Ms. Phillips asked the timeline. Mr. Green stated June. Mr. Green stated no abutters meeting was needed for Sharpners Pond since there are no abutters. Ms. Bates asked if the sleeves would be capped. Mr. Green stated yes they will be capped. Dave Brown was present at the meeting. Mr. Brown asked about who was to speak to the abutters. Ms. Rodrigues stated there would be a trial period to see how it goes with the abutters. Mr. Brown said he will place signs about hours of use. Mr. Nobile he asked if the hours would be shortened. Ms. Rodrigues stated yes, two will be used April and May. Mr. Brown asked if it can be until mid-June. Ms. Rodrigues stated 8 AM to 8 PM are the hours recommended. Ms. Rodrigues stated letters to abutters will be sent out to let them know it's a trial period. Mr. Brown asked for June 15 for the youth program. MOTION: Ms. Smedile motioned to approve the request of North Andover Youth Baseball to install a batting cage at Sharpners Pond baseball field and replace the batting cage at Carl Thomas Field. Mr. Nobile seconded. Motion approved 5-0. Letter of support for Federal Community Project Funding Request and Congressionally Directed Spending application for Fountain Drive Laurie Burzlaff explained that $750,000 of funding will be asked for Fountain Drive. Ms. Bates asked what is $750,000 is for. Ms. Burzlaff stated for the design and site work. MOTION: Ms. Smedile motioned to provide a letter of support for the Federal Community Project Funding Request and Congressionally Directed Spending application for Fountain Drive. Mr. Nobile seconded. Motion approved 5-0. Vote on contract through September 14, 2025 between the Town of North Andover and Town Manager, Melissa Murphy Rodrigues. MOTION: Mr. Vaillancourt motioned to approve and sign the contract through September 14, 2025 between the Town of North Andover and Town Manager, Melissa Murphy-Rodrigues. Ms. Phillips seconded. Motion approved 5-0. 3 SELECT BOARD MINUTES April 11, 2022 Lynne Jackobek of 105 Berkeley Rd was present at the meeting and read her public comment against the Royal Crest zoning article. Ratify contract between the Town of North Andover and NEPBA Local 2B-Sergeants MOTION: Mr. Nobile motioned to approve and sign the contract between the Town of North Andover and NEPBA Local 2B- Sergeants for a term beginning July 1, 2021 and ending June 30, 2024.. Ms. Smedile seconded. Motion approved 5-0. Town meeting warrant recommendations Article 7 Acquisition of 400 Great Pond Rd: Ms. Rodrigues explained Article 7. Jim Stanford was present at the meeting. Mr. Stanford stated water quality is the primary factor. Mr. Stanford stated when it rains the owner has to call DPW and DPW has to open the hatch so that the home does not flood. Mr. Stanford stated his concern with the location of the home to the water treatment plant. Mr. Vaillancourt mentioned the 2016 Watershed Plan calls for the recommendation to acquire the properties around the lake as they become available. Mr. Stanford stated it is part of the Open Space and Recreation Plan that has been endorsed by many of the boards. Laura Craig-Comin of 58 Fernwood Rd asked Mr. Stanford if the basement could be filled in and sealed. Mr. Stanford stated if there is a way for the town to own the building and close it in that would be an option. Ms. Craig-Comin asked Mr. Stanford if raising the lake would have a negative impact on the water especially the trees. Mr. Stanford stated that erosion is a concern but more from the runoff from the road. Mr. Stanford stated rise and fall of the lake is a slow process so erosion isn't as bad as an ocean but it is a natural process. Gerald Brecker, 48 Pleasant St., asked if the amount that is stated in Article 7 is the agreement with the owner. Ms. Rodrigues stated it is only an appraisal, an agreement has not been made. MOTION: Mr. Nobile motioned that the Select Board recommend favorable action on Article 7. Ms. Phillips seconded. Motion approved 5-0. Articles 9 and 11 Withdrawal of Police Patrol Officers and Police Lieutenants from Civil Service: Mr. Vaillancourt asked if Article 10 is ready to be voted on. Ms. Rodrigues stated it is not ready and it is still being negotiated. MOTION: Mr. Vaillancourt motioned that the Select Board recommend favorable action on Article 9 & 11. Ms. Smedile seconded. Motion approved 5-0. Article 12: Withdrawn Article 15 Report of the Community Preservation Committee- Appropriation from Community Preservation Fund: Ms. Rodrigues stated Planning Board did not vote favorable action on all items. Mr. Goldberg stated he's not ready to vote for favorable action on the boat ramp. Ms. Rodrigues stated Planning Board can amend it at a later time. Ms. Bates stated this is just for the design. Ms. Rodrigues stated Mr. Boynton will be involved in the design process. MOTION: Mr. Vaillancourt motioned that the Select Board recommend favorable action on Article 15. Ms. Phillips seconded. Motion approved 5-0. Article 16 Set Salaries and Compensation of Elected Officials: MOTION: Mr. Vaillancourt motioned that the Select Board recommend favorable action on Article 16. Mr. Nobile seconded. Motion approved 5-0. Article 17 Revolving Fund Spending Limits: Ms. Rodrigues explained the new revolving account created for suppressing vehicles. Ms. Rodrigues stated vehicles that are sold in auction will go into this account. 4 SELECT BOARD MINUTES April 11, 2022 MOTION: Mr. Nobile motioned that the Select Board recommend favorable action on Article 17. Mr. Vaillancourt seconded. Motion approved 5-0. Article 21 Dissolution of Stevens Estate Enterprise Fund: MOTION: Mr. Vaillancourt motioned that the Select Board recommend favorable action on Article 21. Mr. Nobile seconded. Motion approved 5-0. Article 22 Transfer of all capital accounts for the Stevens Estate to Stevens Estate Revolving Account: Ms. Rodrigues stated the Stevens Estate capital articles and sweeping into revolving account to be used for Stevens Estate in the proper way. MOTION: Ms. Phillips motioned that the Select Board recommend favorable action on Article 22. Mr. Nobile seconded. Motion approved 5-0. Article 23 Transfer to Stabilization: MOTION: Mr. Nobile motioned that the Select Board recommend favorable action on Article 23. Ms. Phillips seconded. Motion approved 5-0. Article 24 Transfer to Capital Stabilization: Ms. Rodrigues stated would like to save $3.2 million into the capital stabilization account in planning for future products. MOTION: Mr. Nobile motioned that the Select Board recommend favorable action on Article 24. Ms. Phillips seconded. Motion approved 5-0. Article 25 MSBA approval for Kittridge School: MOTION: Ms. Phillips motioned that the Select Board recommend favorable action on Article 25. Mr. Nobile seconded. Motion approved 5-0. Article 26 Rescind unused and unneeded borrowing authorizations: MOTION: Mr. Nobile motioned that the Select Board recommend favorable action on Article 26. Mr. Vaillancourt seconded. Motion approved 5-0. Article 27 Amend Zoning Bylaw- By adding Part 13 Inclusionary Housing Requirement: MOTION: Ms. Phillips motioned that the Select Board recommend favorable action on Article 27. Mr. Nobile seconded. Motion approved 5-0. Article 28 Amend Zoning Bylaw- By adding Article 19 Mixed Use Overlay District: Ms. Smedile stated her concern with the mass, size, height that are all too large for this location and traffic will be an issue. Ms. Smedile stated concern with congestion on the side streets and towards the center. Ms. Smedile stated residents that are have housing in three bedroom units will not have the ability to remain in North Andover. Ms. Smedile stated the struggle with having the neighbors experiencing 8 to 10 years of construction. Ms. Smedile stated she is not in favor of the zoning article. 5 SELECT BOARD MINUTES April 11, 2022 Ms. Bates asked if the development will be covering the cost for any displacement of the residence and bussing of children. Ms. Rodrigues read the developer’s response concerning the displacement of residence. Ms. Rodrigues stated the developer believes the cost will go down with more efficient utilities. Mr. Vaillancourt mentioned the Town Manager had gone out and completed a comparison of similar developments and their agreements and the agreement that North Andover has on the table is more favorable than the other agreements. Mr. Vaillancourt stated with a concern with Merrimack College students living among Royal Crest residents and that Merrimack College students should have on-campus housing rather than living among residents. Mr. Vaillancourt stated he is in favor of the zoning change. Ms. Phillips stated the zoning change will be helpful in creating a healthy inventory of housing. Ms. Phillips stated this will help with having control of the project. Ms. Phillips stated she would like to see a pedestrian bridge built. Ms. Phillips stated is in favor of the zoning change. Mr. Nobile stated this zoning change would be an impact to shape the future. Mr. Nobile stated this is an opportunity to work with Merrimack College. Mr. Nobile stated that he is in favor of the change. Ms. Bates stated the developer has worked with North Andover and has worked with the changes proposed. Ms. Bates stated this is a unique opportunity and the developer has addressed the drainage issue that Royal Crest is currently experiencing. Ms. Bates explained the opportunity that the development agreement that will help the schools to renovate a lot quicker. Ms. Bates stated the concern of having a better relationship with Merrimack College. Ms. Bates is in favor of the zoning change. MOTION: Mr. Nobile motioned that the Select Board recommend favorable action on Article 28. Mr. Vaillancourt seconded. Motion approved 4-1. Article 29 Amend Zoning Bylaw- By adding Part 13 Inclusionary Housing Requirement: MOTION: Mr. Nobile motioned that the Select Board recommend favorable action on Article 29. Mr. Vaillancourt seconded. Motion approved 4-1. Revised development agreement with Merrimack College Ms. Rodrigues stated Merrimack College has purchased property next to Royal Crest at 510– 530 Turnpike Rd. Ms. Rodrigues stated they have re-opened negotiation for the development agreement and Merrimack College offered an additional $650,000 making a total of $1,650,000. Ms. Rodrigues stated the building at 530 Turnpike Rd. has a demolition permit and not final building permits yet and will have entire education use. Ms. Rodrigues stated the building at 510 Turnpike Rd. is the office building, Merrimack College occupies the second floor currently and the tenants are on the first and third floors. The tenants will continue paying taxes on these floors. Ms. Rodrigues stated the importance of having a public safety MOU that is required by state regulations and a noise and nuisance agreement with Merrimack College. Mr. Vaillancourt asked if there is a way to have Merrimack College contribute additional income after the 10 years to buffer the loss of tax revenue from the buildings. Ms. Rodrigues stated they can try and continue negotiation to obtain a pilot. Ms. Rodriguez mentioned Merrimack College will provide a shuttle for faculty for the 530 Turnpike Rd location. MOTION: Mr. Nobile motioned to approve the revised development agreement with Merrimack College. Ms. Phillips seconded. Motion approved 4-1. LICENSING MOTION: Mr. Nobile motioned to open a meeting of the North Andover Licensing Commission. Mr. Vaillancourt seconded. Motion approved 5-0. Discussion and possible vote to extend temporary outdoor dining 6 SELECT BOARD MINUTES April 11, 2022 MOTION: Ms. Bates motioned to allow temporary outdoor dining through November 1, 2022 and to authorize the Town Manager to approve the change in description to licensed premises for the purpose of permitting outdoor alcohol service. Ms. Phillips seconded. Motion approved 5-0. MOTION: Ms. Phillips motioned to close a meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. CONSENT ITEMS A. Affordable unit resale waiver of right of first refusal- 2 Harvest Drive, Unit 104 MOTION: Ms. Phillips motioned to accept consent item. Mr. Vaillancourt seconded. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF MARCH 28, 2022 MOTION: Ms. Phillips motioned to approve the Open Session minutes of March 28, 2022. Mr. Vaillancourt seconded. Motion approved 5-0. Town Manager’s Report - None Select Board Update th - Ms. Smedile gave an update on the upcoming 375 Anniversary Gala ADJOURNMENT MOTION: Mr. Nobile made a MOTION, seconded by Ms. Phillips to adjourn the Select Board meeting at 10:35PM. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Memorandum Letter Minutes Presentations License application Warrant articles 7