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HomeMy WebLinkAboutmin brd of selectmen 02/04/00 C-,'--<,~.j ¿-' ( ~"¿.ø'.k:.-¿~ VOLTERRA, GOLDBERG, MANG\ARATTI & JACOBS LAW COUNSELLORS, INC. THREE MILL STREET ATTLEBORO, MASSACHUSETTS 02703 February 15,2000 TELEPHONE (50S) 222-1463 F 6-7565 I RECEIVED I FES 1 7 2000 I . B.QARD OF SELECTMEN MAX VOLTERRA .JAMES GOLDBERG ROBERT S. MANGIARATTI SUSAN .JACOBS -, CONFIDENTIAL VIA FAX TO 339-6460 AND FIRST CLASS MAIL Eugene F. Boyle, Esquire 200 Chauncy Street Mansfield, MA 02048 RE: Great Waves Dear Gene: On February 4, 2000, we met at the Mansfield Selectmen's office to discuss the Great Waves project. David Ting and Rayna Rubin accompanied you on behalf of Great Waves. John D'Agostino and I represented the Town of Mansfield. The following is a list of items that we discussed. Of course, I do not assume that our discussions created any legally binding obligations upon you client. Furthermore, I do not intend to imply that these proposals are necessarily acceptable to the Town of Mansfield. 1. Municipal Water. Representatives of the Town have repeatedly expressed concerns about the project's demand for municipal water during the summer. Great Waves (hereinafter GW) proposes the following measures to address these concerns: a) GW will install two bedrock wells on the site for pools, toilets and Irrigation. Municipal water will not be used to fill swimming pools during the summer when demands on the system are at peak levels. b) G.W. will purchase water from the Town to fill its pools during the spnng months when demands on the municipal water system are typically low. c) GW will build two water tanks on site. Both tanks will be connected to the bedrock wells. A 60,000-gallon tank will be used to fill pools and a 70,000-gallon tank will be used to service toilets. ]':ugene F Boyle, EsquIre Fehruarv 15, .2000 Pflge Two d) G\X1 will commlt to limit its use of mU111Clpal water dunng the summer operating season to average not more than 40,000 gallons per day. If the total draw on the municipal system over the operating season exceeds 40,000 gallons tImes the number of full operating days, then C; \X' shall pay a penalty for every gallon of muniCIpal water over that amount equal to two times the applicable rate for water. I f the so called "purple pIpe" svstem of using treated f-,rray water for irrigation is made oper{lt1onal, then C\\' IS wdEng to set a ")0,000 gallon per dav cap for mU!1lcipal water usage c) The landscaping at the project will consIst of drought tolerant p]ant material that will not require as much irrigation as cOr1vcntionallandscaping f) G.\X!. will contribute financially to \vater savIng measures for use in other parts of the Town. g; I f the on sIte wells fail for any reason to provide adequate \vater for the pools \vhile Town has Imposed a water ban restrIcnng the use of mUI11C1pa! \\o"ater, G\'\" wilJ brIng water to the site bv truck h C\\' wIll pav a \varer c{lpltal charge 111 accordance with st{lndard procedures Î Ground \X/ater: IVlanstìeld resIdents have expressed concern about the Impact of G\X' bedrock wells on ground water. G\X' has responded \vith reports from ItS envIronmental consultants indIcating that the wells will not have anv demonstrable impact of surface water sources. \X/e expect that aU such reports have been or \.v111 be made public. :) :\lu!1lcipal \X/aste \X/ater Treatment: In response to r-vlansfield concerns regarding impact of the project on the waste treatment plant G\X' represents: a) GW will not discharge pool water into the sewer system at the end of the season. h) GW will install a sewer flow meter to account for discharge of pool backwash and toilet facilities. c) G\XI will use "purple pipe" water to the extent available for toilets and urinals. d) GW will recycle pool water backwash so that only 30 % of the backwash water will be discharged to the municipal svstem in a controlled slow release. GW will insure that chlorinated water does not adversely impact the treatment plant. e) GW will make a financial contribution to the Town's inflow/infiltration program. f) G\X/ will make a financial contribution to the Town's "purple pipe" program. L,ugC!lC I, Boyle, E:;qU11T ['chruarv 1 S, 2000 Page Three 4. lvfunicipal Elecrnc Demand: C\X' ha:; Indlclted that It:; project will not have an adver:;e Impact on Mansfield (vluniClpal LIght Department facilities However, the l.1ght Department manager reported that his department does not currenrh' have adequate capaCIty to supplv electric pU\ver to thl' proposed water park. The department IS 111 the process of deslg111ng system upgrades But, the upgr{ldes can not be completed any sooner than summer 2001. The dcve]oper mal' have to contribute ftnancially to capna! expenditure for capaCln' Imprm'cmcms in accordancc with eXIstIng I ,¡gIn Department polIcies Furthermore, the proposed water park \\Jould requirc e!ectncin on1\- dunng perIods of pcak demand \vhen tIlt' cost of power to the Light Department IS at ns annual peak. COllsequentlv, a seasonal rate would be applied to the W{ltcr park ref1ecnng the true cost of elecrnc1t\ .~ Drainage: G\X/ represents that the draInage for the project w1lJ Include the fo]]ow11lg features, a\ (;\\/ \\nlllnstal! :)torm-ceptors In thl' eXIsting parkmg lot dGunagc svstem as part ot t he parking 10t rcconsrrUC!H)l1 b) G\Xl will direct clean roof runoff Into drv'\vells that are desirahle for s'1"oundwater recharge. c GW will locate the storm water detention svstem to control chschargc, The peak fatcs of runoff \e,wing the me \,'¡]j not l11creasc 'rhe svstem IS desIgned to meet the most stringent demands of a I (¡(I-year storm event d) G\'(7 had developed and wiU ¡mp1cment a storm water managel11cnt plan dunng construcnon to control discharge e) G\X/ wiJl implement an on-gOIng m,untenance plan as part of the park operations 6 \X'etlands: The :\Iansfleld ConservatIon Comnllssion has issued an Order of ConditIons for thc project Other interested parties have appealed the decision, G\V has committed to retain an envlronmentalist to monitor wetland protection dUrIng construction and operation of the watcr park, Members of the Board of Selectmen have expressed concern about the impact tbat the bedrock wells could h{lve on a verna! pool at the site, GW responded WIth a letter from Environmental Consultant, Gary R. Sanford, Ph.D, dated February 9, 2000 stating, "Because of the great distance betwccn the new well and the vernal pool, no adverse impacts to the pool are anticipated." Eugene F. Bode, [~~sqU1re Februan' 1:;, 2000 Page l'our Open Space: GW intends to redevelop and upgradc eXIsting parking lots, G\X! will add setbacks and screening to protect wildlife In accord{lnce wIth recommendatlons of Naturalllentage C;\X/ intends to place a perpetual conservatlon restriction on 30 acres of land. The restrlcnon IS part of a commItment to the .\rmv Corps of Engineers. The Town \\iould like to bc named grantee of the restriction Counsel for G\X/ has indicated that he \\"oulcl forw{lrd a sIte plan and a COP\! of the proposed restrictlon to Mansfield town counsel for re\Tiew and comment To the extent reasonably possible the Town would lIke some public access to the 30-acre parcel. 8. Traffic and Parking. As part of its MEP.\ complIance, C\;Ç has agreed to fund a functional design traftlc study for the Massachusetts Highwav Department. The Town would hke to receive the results of such studies and to participate in planning decisions worked out between the proponent and the Department To mitigate traftlc lmpacrs C; \\ ha~ committed ¡o ¡he following. a) ( ; \\. \\111 not operate at night. The Tmvn would lIke.' C\\/ to commIt to specIfic he )urs of operawHl bi (; \\. will emplm a dally polIce detaIl from noon to lulf-hour after closing to facilItate traffic Dow. c) (; \\" \vill set operatlng hours that do not coincide wIth busIness peak hours. d) C; \\ \vaves wl.ll close early on days 0 f Tweeter C:enter events so that patrons arnving for Tweeter events will not conflict with patrons leaving the water park. C \\" is willing to place a restrictive covenant on record which specifies its obligatIons wlth respect to closing early on days of Tweeter Center cvents. The restrictive covenant would set out in detail hours when Tweeter would have exclusive use of parking lots O\vnecl by GW. The Town of Mansfield would be namcd a benefited party in the covenant. 9. ExpansIon: The parties acknowledge that the current proposal is smaller in size than what was originally proposed. GW is willing to formally acknowledge that any expansion beyond the current proposal will be subject to the special permit requircments of the Mansfield Zoning By-Law. For any expansion GW would also file MEP,\ notices as rcquired by applicable regulations. ,\greements made with the Town with respect to phase 1 wIll not apply to any subsequent phase unless expressly stated otherwIse in a written agreement of the parties. Eugene F. Boyle, Esquire Febmary 15, 2000 Page Five 10. Other Financial Considerations: The Town belIeves that the project is a very different use for Mansfield that will change the character of the community. Traffic in the South Main street area will be more congested dunng the operating season of the water parle These issues and other environmental concerns are the focus of the MEP:\ litigation initiated by the Town. GW would like to settle the pending litigation and secure the support of the Mansfield Selectmen for public utility connections. G\Xt' has also expressed its desire to demonstrate a commitment to being a valuable member of the Mansfield community. In light of these factors the Town would like some significant financial consideration to be part of a settlement agreement. GW has expressed a willingness to contribute financially to sewer mflow and infùtration programs, the "purple pIpe" program and water conservatlon programs. The Town would also like G\X/ to consIder reimbursement for the Town's ]egal and consulting expenses associated with the project. Additionally, the Town would like any setùemcnt proposal to include substantial financial contributions over {l perIod of years to assist the Town with othcr public capital expenditures Please let me know if this letter accurately reneers our discussIons to date. Sincerely, L Robert S. Mangiaratti RS M /j f cc: John D':\gostino, Town Manager Board of Selectmen ~~~. s~/¥~J