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Board of Selectmen
Executive Session Minutes
May 1, 2000
Present: Chairman McCarter, Clerk Wills, Selectmen Amoruso, Donovan and
Robinson.
Town Manager D'Agostino, Town Counsel Robert Mangiaratti, Special
Counsel Mark Roberts
The meeting convened at 10:05 p.m.
Town Counsel Mangiaratti reviewed his role in representing the Board, noting both
he and Special Counsel Mark Roberts are here to serve the Selectmen, with the
Board of Selectmen being the policy makers. He noted they have talked at length
and believe a good deal has been negotiated. He stated his belief that they would
clearly lose the MEPA appeal and would also lose a zoning appeal. He reviewed the
stages the process has already been through and the outcome of each of them,
noting he has never seen a Board of Selectmen second guess the decisions of the
Town's Building Inspector, Conservation Commission and Planning Board. He
suggested that all eight of the previous concerns had been addressed and is
amazed that additional concessions have been made.
In response to comments of Clerk Wills about the 12-inch water main being only the
beginning of things, Town Manager D'Agostino noted the 12-inch main is a
requirement of the Town because the area is having problems with water pressure.
It's not because Great Waves wants a larger main to increase their water usage.
He also pointed out that they have met the zoning requirements only for Phase 1 of
the project, and the next phase can happen only under the provisions of a Special
Permit that give the Town more control over the project. He suggested working
with the Planning Board regarding the requirements of the Special Permit process.
Chairman McCarter noted people think we can stop the project by denying them
water, and that cannot be done.
Attorney Roberts reviewed possible uses for the industrially zoned parcel, pointing
out that all of them will increase traffic, particularly at peak traffic times, and will
also use more water than Great Waves will. He suggested the project made it
through the MEPA process because compared to other industrial uses, this has a
relatively minimal impact on the town. He reviewed earlier concessions made and
said they will get a building permit and will build, if not this year, then next. Any
appeal would result in the Town suing the Town.
Executive Session Minutes of May 1, 2000
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Each of the previous eight concerns were reviewed in relationship to the
concessions and/or solutions agreed to by Great Waves. Additional language was
proposed to increase the comfort level felt by the Selectmen.
II. c) As-built plans will be provided to the Plumbing Inspector for the piping for
the tanks, with inspections to be done prior to any backfilling, to insure that water
can only be used for the purposes agreed to and that they are in full compliance.
II. d) Water limitations and penalties for exceeding the limitation were discussed.
Additional concessions were requested.
VIII. Discount admissions for Mansfield residents were requested beyond the 20
year term offered.
Following additional negotiations with the proponents, Attorney Mangiaratti
reported they have reached agreement on additional items requested by the
Selectmen and are working on language.
Selectmen suggested they continue to work out the language and present a revised
draft agreement on Wednesday night, noting they did not want to vote to accept
the agreement in Executive Session and would be going back into Open Session only
to adjourn.
Motion: To adjourn the Executive Session at 11:00 p.m. and return to Open
Session.
(Amoruso-Wills)
Roll Call Vote: Donovan - Aye; Wills - Aye; Robinson - Aye; Amoruso - Aye;
McCarter - Aye.
Motion Passes.
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Executive Session Minutes of May 1, 2000
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