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HomeMy WebLinkAbout2022-08-15 Board of Selectmen Minutes NORTH ANDOVER SELECT BOARD MINUTES AUGUST 15, 2022 Call To Order: Chair Janice Phillips called the meeting to order at 7:00PM in the Town Hall Select Board Meeting Room. Select Board In Attendance: Chair Janice Phillips, Laura Bates, Clerk Rosemary Smedile, Richard Vaillancourt, and Chris Nobile were present. Non-Board Members In Attendance: Town Manager- Melissa Murphy Rodrigues, Assistant Town Manager- Laurie Burzlaff, Deputy Town Manger- Denise Casey and Acting Town Counsel- Attorney Mark Reich were present. EXECUTIVE SESSION Chair Phillips stated the Board will enter Executive Session to consider the purchase, exchange, lease or value of real estate and declared that an open meeting will have a detrimental effect on the litigating position of the Board. MOTION: Ms. Phillips motioned that the Select Board enter into Executive Session pursuant to Massachusetts General Laws, Chapter 30A, Section 21(a)(6) to consider purchase of real estate and to review and approve Executive Session minutes. Mr. Nobile seconded. Motion approved 5-0. The Board returned to Open Session at 7:00PM. The open session meeting was recorded. PUBLIC COMMENT Stan Limpert 43 Stonecleave Ave spoke about his honor to serve with Chris Nobile, spoke of his appreciation and thanked him for his service. Gerald Brecker of 488 Pleasant St wanted to discuss what comes next with the vacancy when Mr. Nobile leaves. Mr. Brecker stated his concern that a straight answer was not given on a particular question asked at a previous meeting. Mr. Brecker stated would like to suggest the Town be allowed to elect the next Select Board member. Update from National Grid Shimat Kamal was present at the meeting. Ms. Kamal stated three businesses have now been paid and one business that is still getting more information. Ms. Kamal stated she went to visit the affected businesses in- person to see if they needed any assistance. Election update-Dawne Warren, Town Clerk Town Clerk Dawne Warren was present at the meeting and gave a presentation of the overview of the Votes Act 2022- Election Law Changes. Ms. Bates asked to clarify about the families that live in the same dwelling. Ms. Warren stated if a family member wanted to apply for another member in the same dwelling a ballot would be mailed but it can be requested. Ms. Smedile asked about the military and overseas residents. Ms. Warren stated military and overseas residents can vote electronically. ADA Self Evaluation and Transition Plan Andrew Shapiro was present at the meeting and gave a presentation on the ADA Self Evaluation and Transition Plan. Grant Murphy and Jim Lyons of Northeast Independent Living Center were present at the meeting to explain the results of the recent evaluation of 21 town facilities as well as the website for ADA compliancy. Mattress/textile recycling- Jim Stanford, DPW Director Jim Stanford was present at the meeting and explained that mattress/textiles will not be allowed through the trash system going forward. It will have to be recycled. Mr. Stanford stated there is an option for trailers that can be provided by an st outside company for around $17.00 for the residents. Mr. Stanford stated by November 1 the state will mandate recycling. 1 NORTH ANDOVER SELECT BOARD MINUTES AUGUST 15, 2022 LICENSING MOTION: Mr. Nobile motioned to open a meeting of the North Andover Licensing Commission. Ms. Smedile seconded. Motion approved 5-0. Update to Licensing Regulations Dawne Warren explained the changing licensing fees. MOTION: Ms. Bates motioned to approve the revisions to the Alcoholic Beverages License Regulations as presented. Ms. Phillips seconded. Motion approved 5-0. PUBLIC HEARING- Application from TCRJR4, LLC d/b/a Andiamo Social Restaurant & Bar for an all alcohol liquor license at 1268 Osgood Street MOTION: Mr. Vaillancourt motioned to open the public hearing for the application from TCRJR4, LLC d/b/a Andiamo Social Restaurant & Bar for an all alcohol liquor license at 1268 Osgood Street. Ms. Smedile seconded. Motion approved 5-0. Jim and Trish Rogers were present at the meeting. MOTION: Mr. Vaillancourt motioned to close the public hearing for the application from TCRJR4, LLC d/b/a Andiamo Social Restaurant & Bar for an all alcohol liquor license at 1268 Osgood Street. Ms. Smedile seconded. Motion approved 5-0. Vote on application from TCRJR4, LLC d/b/a Andiamo Social Restaurant & Bar for an all alcohol liquor license at 1268 Osgood Street MOTION: Ms. Smedile motioned to approve the application from TCRJR4, LLC d/b/a Andiamo Social Restaurant & Bar for an all alcohol liquor license at 1268 Osgood Street subject to conditions outlined. Ms. Phillips seconded. Motion approved 5-0. Application from S&P Management LLC d/b/a Buono Bistro for a transfer and pledge of an all alcohol liquor license at 220 Sutton Street MOTION: Mr. Vaillancourt motioned to open the public hearing for the application from S&P Management LLC d/b/a Buono Bistro for a transfer and pledge of an all alcohol liquor license at 220 Sutton Street. Ms. Bates seconded. Motion approved 5-0. Attorney Brent Bass was present at the meeting representing S & P Management. Members of S & P Management were also present. Attorney Bass asked about abutters notices. Attorney Reich stated that the Board can proceed, pending the receipt of green cards. Attorney Bass asked if a waiver of notice be applicable. Attorney Reich stated the Board needs to see the green cards so the notice would be required. Mr. Vaillancourt asked what the amount of notice time should be. Attorney Reich stated 10 days. Attorney Bass asked for a continuance. Ms. Rodrigues suggested to recess this item. MOTION: Mr. Vaillancourt motioned to recess the public hearing for the application from S&P Management LLC d/b/a Buono Bistro for a transfer and pledge of an all alcohol liquor license at 220 Sutton Street. Ms. Bates seconded. Motion approved 5-0. 2 NORTH ANDOVER SELECT BOARD MINUTES AUGUST 15, 2022 PUBLIC HEARING- Application from Kinsman Auto Sales & Service LLC d/b/a Kinsman Service Station & Auto Sales for a Class II Motor Vehicle License at 145 Andover Bypass MOTION: Mr. Vaillancourt motioned to open the public hearing for the application from Kinsman Auto Sales & Service LLC d/b/a Kinsman Service Station & Auto Sales for a Class II Motor Vehicle License at 145 Andover Bypass. Ms. Phillips seconded. Motion approved 5-0. Jack Kinsman was present at the meeting. New owners Mohammad and Tim were also present at the meeting. MOTION: Mr. Vaillancourt motioned to close the public hearing for the application Kinsman Auto Sales & Service LLC d/b/a Kinsman Service Station & Auto Sales for a Class II Motor Vehicle License at 145 Andover Bypass. Ms. Phillips seconded. Motion approved 5-0. Vote on application from Kinsman Auto Sales & Service LLC d/b/a Kinsman Service Station & Auto Sales for a Class II Motor Vehicle License at 145 Andover Bypass MOTION: Ms. Smedile motioned to approve the application from Kinsman Auto Sales & Service LLC d/b/a Kinsman Service Station & Auto Sales for a Class II Motor Vehicle License at 145 Andover Bypass. Ms. Bates seconded. Motion approved 5- 0. PUBLIC HEARING- Application from Burtons Grill of North Andover LLC for a change of officer/directors, LLC managers and change of ownership interest for an annual alcoholic beverage license at 145 Turnpike Street MOTION: Ms. Phillips motioned to open the public hearing for Burtons Grill of North Andover LLC for a change of officer/directors, LLC managers and change of ownership interest for an annual alcoholic beverage license at 145 Turnpike Street. Mr. Vaillancourt seconded. Motion approved 5-0. Attorney John Mooradian was present at the meeting on behalf of Burtons Grill. MOTION: Ms. Phillips motioned to close the public hearing for a change of officer/directors, LLC managers and change of ownership interest for an annual alcoholic beverage license at 145 Turnpike Street. Ms. Smedile seconded. Motion approved 5-0. Vote on application from Burtons Grill of North Andover LLC for a change of officer/directors/LLC managers and change of ownership interest for an annual alcoholic beverage license at 145 Turnpike Street MOTION: Ms. Bates motioned to approve the application from Burtons Grill of North Andover LLC for a change of officer/directors/LLC managers and change of ownership interest for an annual alcoholic beverage license at 145 Turnpike Street. Ms. Phillips seconded. Motion approved 5-0. OUT OF ORDER: Vote on application from S&P Management LLC d/b/a Buono Bistro for a transfer and pledge of an all alcohol liquor license at 220 Sutton Street Ms. Rodrigues stated the Bueno Bistro application is complete. MOTION: Mr. Vaillancourt motioned to move out of recess of Public Hearing of Bueno Bistro application. Ms. Bates seconded. Motion approved 5-0. Mr. Nobile asked about the outstanding conditions. Ms. Rodrigues stated there is only one item that remains open. MOTION: Mr. Vaillancourt motioned to close the public hearing for the application from S&P Management LLC d/b/a Buono Bistro for a transfer and pledge of an all alcohol liquor license at 220 Sutton Street. Ms. Smedile seconded. Motion approved 5-0. 3 NORTH ANDOVER SELECT BOARD MINUTES AUGUST 15, 2022 Vote on application from S&P Management LLC d/b/a Buono Bistro for a transfer and pledge of an all alcohol liquor license at 220 Sutton Street MOTION: Mr. Vaillancourt motioned to approve the application from from S&P Management LLC d/b/a Buono Bistro for a transfer and pledge of an all alcohol liquor license at 220 Sutton Street with outstanding conditions met. Ms. Phillips seconded. Motion approved 5-0. Application from Club 2104, Inc. at 32 Park Street for a change of Non-Profit Club Officers and Directors MOTION: Mr. Vaillancourt motioned to approve the application from Club 2104, Inc. at 32 Park Street for a change of Non-Profit Club Officers and Directors. Ms. Smedile seconded. Motion approved 5-0. Application from Armen Jeknavorian on behalf of St. Gregory Armenian Church for a one day wine and malt liquor license for a picnic at 158 Main Street on September 11, 2022 from 12:00PM to 6:00PM and request for waiver of the license fee MOTION: Ms. Smedile motioned to approve the application from Armen Jeknavorian on behalf of St. Gregory Armenian Church for a one day wine and malt liquor license for a picnic at 158 Main Street on September 11, 2022 from 12:00PM to 6:00PM and waive of the license fee. Ms. Bates seconded. Motion approved 5-0. Application from Deborah Ingalls on behalf of Smolak Farms for two one day all alcohol liquor licenses for weddings on September 1, 2022 and September 10, 2022 from 4:00PM to 10:00PM and request to waive the police detail MOTION: Ms. Smedile motioned to approve the applications from Deborah Ingalls on behalf of Smolak Farms for two one day all alcohol liquor licenses for weddings on September 1, 2022 and September 10, 2022 from 4:00PM to 10:00PM and waive the police detail. Ms. Phillips 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 sign warrant for 2022 State Primary MOTION: Ms. Bates motioned to approve and sign the warrant for the 2022 State Primary. Mr. Nobile seconded. Motion approved 5-0. Vote to require the Police Chief to assign a sufficient number of details for elections MOTION: Ms. Bates motioned to require the police chief to assign a sufficient number of details for elections. Mr. Nobile seconded. Motion approved 5-0. Request of North Andover Historical Society to waive building permit fee Ms. Rodrigues stated based on the project the fee would be $2,160.00. Ms. Rodrigues suggested to have them pay a minimum of $30.00 to cover the administrative fees. MOTION: Ms. Smedile motioned to approve the request of the North Andover Historical Society to reduce the building permit fee for installation of an elevator at the Stevens Center to $30.00 to cover administrative fees. Mr. Vaillancourt seconded. Motion approved 5-0. Discussion regarding School Building Committee Ms. Rodrigues spoke about appointing a School Building Committee by September 30th. Attorney Reich was present as Acting Town Counsel to answer any questions on the opinion given. Ms. Bates stated the requirements from the MSBA are very restrictive and specific. Mark Di Salvo, 179 Coventry Ln., Town Moderator, was present at the meeting. Mr. DiSalvo 4 NORTH ANDOVER SELECT BOARD MINUTES AUGUST 15, 2022 disagreed with the opinion received from Town Counsel. Mr. DiSalvo suggested to go to a Special Town Meeting to discuss. Mr. Vaillancourt asked Attorney Reich about the 2013 Town Meeting action. Attorney Reich stated 2013 article was similar to the 1946 article and it not change the basic notion. Attorney Reich gave a summary of the opinion that was given. Ms. Smedile asked Attorney Reich if the Town Moderator’s suggestion for individual serving on the committee could be discussed. Attorney Reich stated yes that the Select Board ultimately can decide and must comply with the MSBA requirements. Mr. DiSalvo asked that to create a bylaw relative to the manner to create a School Building Committee in the future at a future town meeting. Attorney Reich clarified to specifically look to the charter, which gives authority to the Select Board. MOTION: Ms. Smedile motioned to for the Select Board Chair to meet with the Town Moderator to further discuss the School Building Committee. Mr. Vaillancourt seconded. Motion approved 5-0. Vote to sign Purchase and Sale Agreement for 400 Great Pond Road Ms. Rodrigues went over the terms for the closing. Ms. Rodrigues stated a committee will be formed to talk about the future of the property. MOTION: Ms. Bates motioned to approve and sign the Purchase and Sale Agreement for 400 Great Pond Road, as presented. Mr. Nobile seconded. Motion approved 5-0. Request from AT&T to extend deadline for small cell wireless application for Elm Street Ms. Rodrigues stated the need to extend to 10/3/22. Mr. Nobile stepped out of the meeting. MOTION: Ms. Bates motioned to approve the request from AT&T to extend the deadline for the small cell wireless application for Elm Street. Ms. Smedile seconded. Motion approved 4-0. Request from Nancy Wong of Passenger Productions, Inc. to film on Salem Street/Middleton Road on September 7th/8th from 6:00PM to 7:00AM and September 8th/9th from 6:00PM to 7:00AM Mr. Nobile re-joined the meeting. Ms. Rodrigues went over the request to film. Mr. Vaillancourt asked if there are road closures. Ms. Rodrigues stated there will be one road that will be closed and currently has no residents. MOTION: Ms. Bates motioned to approve the request from Nancy Wong of Passenger Productions, Inc. to film on Salem Street/Middleton Road on September 7th/8th from 6:00PM to 7:00AM and September 8th/9th from 6:00PM to 7:00AM. Mr. Vaillancourt seconded. Motion approved 5-0. Accept and sign receipt, release, refund and assent agreements from the Estate of Donald Andrew for scholarships MOTION: Ms. Bates motioned to accept and sign the receipt, refund and assent agreements from the Estate of Donald Andrew for scholarships. Mr. Nobile seconded. Motion approved 5-0. Vote to authorize use of ARPA funds for: 1. A Community Needs Assessment for Elder Services ($35,000) 2. School security ($297,196.67) MOTION: Mr. Nobile motioned to authorize the use of ARPA funds in the amount of $35,000 for a community needs assessment and $297,196.67 for school security. Ms. Bates seconded. Motion approved 5-0. Appointments Laura Craig-Comin-Zoning Board Associate member 5 NORTH ANDOVER SELECT BOARD MINUTES AUGUST 15, 2022 MOTION: Mr. Vaillancourt motioned to appoint Laura Craig-Comin to the Zoning Board as an associate member through June 30, 2025. Ms. Smedile seconded. Motion approved 5-0. Stanley Limpert- Historical Commission Ms. Smedile stated she spoke with Mr. Limpert in the past regarding fire equipment that was a part of North Andover’s history and was given over to the Haverhill Fire Museum by Mr. Limpert. Ms. Smedile stated her opinion that Mr. Limpert would be better suited for a different board other than the Historical Commission. MOTION: Mr. Vaillancourt motioned to appoint Stanley Limpert to the Historical Commission through June 30, 2025. Ms. Bates seconded. Motion approved 4-1. James Testa-Zoning Board of Appeals MOTION: Mr. Vaillancourt motioned to appoint James Testa to the Zoning Board of Appeals through June 30, 2025. Mr. Smedilet seconded. Motion approved 5-0. Luke Michel- Council on Aging full member MOTION: Mr. Vaillancourt motioned to appoint Luke Michel to the Council on Aging as a full member through June 30, 2023. Mr. Nobile seconded. Motion approved 5-0. Process for filling Board vacancy Mr. Nobile thanked North Andover for the support over the past 15 years. Mr. Nobile stated his resignation at midnight. Ms. Rodrigues outline the options to choose from to fill the open vacancy on the board. Ms. Phillips allowed a public comment. Gerald Brecker of 488 Pleasant St commented. Mr. Brecker suggested continuing as a four-person board. Ms. Phillips suggested revisiting at the next meeting. Mr. Vaillancourt suggested operating as a four-person board without closing the door if wanting to move forward. Ms. Bates asked about the minimum days of requirement of a special election. Ms. Rodrigues stated 64 days. Ms. Rodrigues suggested applications would be due September 8th and to figure out if moving forward with the process before the October 3rd meeting. Ms. Smedile stated would first like to see people vote but feels it will work fine for the time being as a board of four. CONSENT ITEMS A. Affordable Unit resale-200 Chickering Road, Unit 204B B. Accept Complete Streets grant from MassDOT in the amount of $397,271 C. Request of Police Department to surplus vehicles MOTION: Ms. Bates motioned to accept consent item. Mr. Vaillancourt seconded. Motion approved 5-0. APPROVAL OF OPEN SESSION MINUTES OF JULY 18, 2022 MOTION: Mr. Nobile motioned to approve the Open Session minutes of July 18, 2022. Ms. Bates seconded. Motion approved 5-0. 6 NORTH ANDOVER SELECT BOARD MINUTES AUGUST 15, 2022 Select Board Report - Ms. Smedile mentioned she attended a recent grand opening of Isabella Med Spa on Osgood Street. ADJOURNMENT MOTION: Mr. Nobile made a MOTION, seconded by Ms. Bates to adjourn the Select Board meeting at 9:51PM. Motion approved 5-0. Respectfully submitted, Jillian A. Brothers Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Memorandum Presentations Donation Letter License applications Minutes 7