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HomeMy WebLinkAboutmin brd of selectmen 04/18/01 r RECEIVED '·-'-'U".I ("\! r-rvlI:: nFF'ICE II) ¡:f !.~ t.. '" r I'r .1"., ' .'..,.. '. Board of Selectmen Minutes of April 18, 2001 01 t1AY -3 AM 10: 54 Present: Chairman David W. McCarter; Clerk Louis P. Amoruso, Amos M. Robinson, and Daniel Donovan. Jack Beliveau, Light Department Director and Acting Town Manager during John D'Agostino's vacation t''IA l'~ S FIELD BraJf~§ ~:\ CWH~~1lrectmen The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance to the Flag. · Minutes of April 11, 2001 Motion: To approve (Amoruso-Wills) 4-0 Passes Warrant No. 43 in the amount of $728,365.29 Motion: To approve and sign r (Amoruso-Robinson) with Selectmen Robinson abstaining from School Department payroll and Chairman McCarter abstaining from Municipal Building Committee payroll 4-0 Passes · Drainlayer's License with supporting documentation for Roy DeGirolamo of Cat Alley Farm Construction, 158 Gilbert Street, with memorandum from Town Engineer John Sullivan recommending approval Motion : To approve (Robinson-Wills) 4-0 Passes · Bond for Town Clerk to be approved and signed Motion: To approve and sign (Robinson- Wills) 4-0 Passes · Update on Commercial Parking Facility Applications COpen Air ParkinQ Lots) The Police Chief has signed off on all the applications, but will not officially sign the application denoting his approval unless the Selectmen include his list of stipulations with each license. r- Board of Selectmen Minutes of April 18, 2001 1 r 1. Acme-Cleveland Corp. at 75 Chauncy Street - approved by all departments 2. Gray-McNeeley lot at 888 South Main Street - approved by all departments 3. 875 South Main Street Realty Trust (Clemmey) at 875 South Main Street - approved by all departments except Building. Waiting for Building Inspector to rule on a non-permitted sign on the property The stipulations proposed by the Police Chief were reviewed, as the licenses expire April 30th and there will be no regular meeting prior to that date. n was the opinion of Selectmen that with the exception of items 1 and 2 of the Police Chief's stipulations, all other stipulations are addressed in the regulations. Motion: To include the Police Chief's license renewal stipulations with all licenses (Amoruso-Robinson) 4-0 Passes License of Acme-Cleveland Motion : To approve (Wills-Amoruso) 4-0 Passes License of Grey-McNeeley r- Motion: To approve (Wills-Robinson) 4-0 Passes License of 875 South Main Street Realty Trust Motion: To approve subject to the Building Inspector signing-off (Wills-Amoruso) Selectman Amoruso noted it is a responsibility of Building Inspector to enforce the zoning and not a function of the Selectmen. He then amended the motion. Amendment: To approve (Amoruso-Wills) 4-0 Passes · Letter from Police Chief Arthur M. O'Neill in response to questions raised at last week's meeting re: Article 4 of Special Town Meeting r · Memorandum from DPW Director Lee Azinheira requesting the third year rate increase of the three-year rate structure for sewer rates be approved prior to Town Meeting to be implemented May 1st. Motion: To enact the May 1st sewer rate according to the memorandum received from Lee Azinheira (Wills-Amoruso) 4-0 Passes Board of Selectmen Minutes of April 18, 2001 2 r- · Letter from Mary O'Connor of Hockomock Area YMCA requesting permission to hold a 5K Road Race on Saturday, June 2, 2001 at 10:00 a.m., beginning at Memorial Park, proceeding down Hope Street to Ware Street and returning to Memorial Park - reviewed and approved by Police and Fire Chiefs Motion : To approve (Wills-Amoruso) 4-0 Passes · Letter from Brian Leahy, Development Consultant, of Trammell Crow Company requesting the site plan application fee of $7,128 paid for the Erin Centre project at Route 140, West and Norfolk Streets, be credited toward their Special Permit application. Memorandum from Planning Director Shaun Burke supporting the request. Motion: To approve the transfer of the $7,128 application fee, with the understanding that if there's a balance due, it will be paid (Wills-Amoruso) 4-0 Passes r- · Donation of $1,000 received from South Shore Antique Auto Club for Mansfield High School Scholarship Fund Motion: To accept and send a letter of thanks (Wills-Amoruso) 4-0 Passes Chairman McCarter called for questions and comments from the audience. Peter De Trolio, 496 Elm Street - commented on the Tweeter Center, noting that it's been there fifteen years, with many changes in the license. He pointed out there's been only one change in that time to address the sound to help the people in West Mansfield and asked why there can't be something done. He "promised" that the next time he cannot live in his house during a concert due to the noise level, he would show up at the following Selectmen's meeting with his boom box to show how loud it is. He also suggested he may deduct from his property taxes for the time he is not able to use his property. Chairman McCarter reviewed the noise control provisions of the license, noting a 95 decibel limit and other conditions imposed. Mr. DeTrolio questioned who enforces the decibel levels and certifies their accuracy. Chairman McCarter noted they are required to keep records of the decibel level and the venue is subject to a public ~ hearing if they violate the conditions of the license. Mr. DeTrolio disputed the ability of the Board of Health to check the decibel level with the inexpensive Board of Selectmen Minutes of April 18, 2001 3 r monitor they have. Mr. DeTrolio asked who calibrates their machine and noted he does not believe have any faith in the accuracy of the readings. Robert Goldman, Van Gemert Drive - noted his disappointment in the Board's not imposing greater fines for overtime performances, stating there is no other business in town that has the impact on the town that Tweeter does. He pointed out the 140 arrests at the Ozz Fest and stated the arrests at the Tweeter Center affect the published crime rates for Mansfield. Chairman McCarter noted this is the first year the Board did not sit down and negotiate a license with the Tweeter Center. Instead a subcommittee established the conditions of the license and presented it to the Board for approval. Some were adopted, some were not, and some were tabled. The license has not yet been finalized. He stated there has been no evidence that Tweeter Center intentionally and consistently violates the performance curfew. Mr. Goldman admitted it is not a chronic problem, but pointed out the Board's awareness of the problem. George Dentino, Gladiola Terrace - brought up a conflict he's observed. He noted at 8:00 p.m. the Planning Board is scheduled to discuss their zoning articles and at 8:15 p.m. they are scheduled here. He suggested having the meeting on different nights. r- He spoke of his relationship with Brooks Garth and a rumor floating around about the Town negotiating to sell a piece of land they are planning to take. Chairman McCarter noted it is in litigation at this point. Mr. Dentino questioned the actions of the Board and the fact that it has been done in Executive Session. The Board noted a suit has been filed and the Executive Sessions have been conducted to attempt to settle the litigation. Mr. Dentino stated if the transfer of the title is part of the discussion, it should be done in Open Session. Chairman McCarter offered to check with Town Counsel to see if the settlement agreement involves a transfer of title and if it should come before Town Meeting. Planning Director Shaun Burke, Clerk Bernie Dolan, and Planning Board Chairman H. Thomas French, Jr. presented the Planning Board's position on Annual Town Meeting Warrant Articles 35 through 39 relating to proposed zoning amendments. Article 35, 36 and 37 have the same theme and are proposed in an effort by the Planning Board to fine-tune the zoning to make the town more business-friendly. r- Board of Selectmen Minutes of April 18, 2001 4 ~. Article 35 - driveway/entrances: allows the Planning Board to look at the driveway and make a finding on a site-specific basis without going to the Zoning Board of Appeals (ZBA) for a Special Permit. Article 36 - is a similar type of by-law. To deviate from the requirements of the Zoning By-law with regard to landscaping requirements necessitates a Special Permit from the ZBA. Allowing the Planning Board to make a site-specific finding that the plan conforms to the intent of the by-law is more expeditious. Article 37 - allows the Planning Board to review the requirement for pedestrian access on a site-specific basis and make a finding without the applicant having to go before the ZBA for a Special Permit, once again streamlining the process. Clerk Wills noted his concern with landscaping overgrowing sidewalks. Mr. Burke replied they do not allow plant species higher than three feet at maturity to be planted within a three-foot sight-distance triangle. Article 38 - is a change to the Town's wireless communication by-law enacted in 1996. At that time the wireless industry was permitting along the interstate highways. They have now completed that stage of their permitting and are moving into communities to permit facilities in the next phase. The amendment allows a r monopole to go into the Reservoir District. n would also allow interior mountings in residential zones by Special Permit and in business zones by-right. Jack Beliveau, Director of the Light Department, noted services that provide data communication only do not fall under the FCC regulations and the Telecommunications Act of 1996 as amended and would not fall under the definition provided. He suggested the Planning Board may want to embrace those services within the by-law as well. He pointed out that those services that fall outside the provisions of the Act can be even more stringently regulated. Mr. Burke will discuss the matter further with Mr. Beliveau tomorrow. Article 39 - is a housekeeping article further defining a general aviation airport. Mr. French advised the Selectmen that the Planning Board would be discussing and voting on the petitioned Zoning By-Law articles later in the evening and will be making a recommendation at Town Meeting. r Selectman Amos Robinson reported on the Amtrak fencing/safety meeting he attended on March 27th in Boston. He commended the Board for pushing so hard Board of Selectmen Minutes of April 18, 2001 5 r- for the fencing and noted all the fence should be completed by summer. One of the main issues they are facing is the Amtrak Police cannot write a citation for trespassers in Massachusetts, but instead have to bring the violator to the local police station. Amtrak is currently trying to get a bill passed in Massachusetts to allow them to prosecute trespassers. Amtrak has funded six community resource officers for the Attleboro corridor and will be the eyes and ears of the police departments to find out what is going on in the area. They will also be involved in service clubs within the towns, educating the adult community on rail safety. They would like to start a partnership with the local towns to run rail safety programs for the residents of the towns. They will be holding quarterly meetings and will introduce a program focusing on "Operation-Life Saving" in the communities. He noted Amtrak's commitment to safety and public education to the adult community. Selectmen continued their review of the entertainment license for The Tweeter Center. Chairman McCarter noted receiving additional information from Town Counsel and the Fire Chief since the Board's last discussion. r Paragraph 6b - which was tabled. Town Counsel Mangiaratti recommended that because the drivers are staying with the limousines it is not a typical open-air parking lot and the language should be dropped. Paragraph 15 had also been tabled. This has become 16 a in Town Counsel's re-write of the license and further defines the method to be employed in determining the correct and accurate time of each concert's conclusion. Clerk Wills asked that a report of the ending time be provided, along with the other required information, after each concert. Upon further consideration he was satisfied with the proposed language. Motion: To include the language proposed in paragraph 16a of Town Counsel's draft (Amoruso-Robinson) 4-0 Passes Ambulance and Medical Staff Coverage - paragraph 7c - modify in accordance with the Fire Chief's e-mail received today Motion: To approve the wording for 7c at each attendance level (Wills-Amoruso) 4-0 Passes Paragraph 6b - Motion: To strike everything in 6b after no parking shall be allowed in fire r lanes... (Amoruso-Wills) 4-0 Passes Board of Selectmen Minutes of April 18, 2001 6 r Motion: To adopt the license with the changes (Amoruso-Robinson) Withdrawn Motion: To correct 6b by deleting the language after the first two sentences (Amoruso-Wills) 4-0 Passes Motion: To approve the license upon review of the revised license and signatures on Tuesday or Wednesday night. (Amoruso-Wills) 4-0 Passes Motion: To approve Tweeter Center's Public Entertainment on Sunday license, contingent upon approval of entertainment license (Wills-Amoruso) 4-0 Passes Acting Town Manager Jack Beliveau reported on the following: r . Updated the Selectmen on the Norton water issue, noting an alarming report in the newspaper stating Norton's threat to the turn off the water at our sewer treatment plant. We have been in contact with Norton and Mr. Mangiaratti and Mr. Baker have agreed to represent the towns in binding arbitration. Town Counsel Mangiaratti has asked for the Board's vote of authorization to do so. He explained the issue for the benefit of the public, noting we received a bill that was 50 times greater than our normal bill for the period. Subsequent to that there were various measures taken to determine the accuracy of the reading, none of which produced any evidence of such volume of water being used. Chairman McCarter noted the bill is shared proportionately by the Towns of Mansfield, Norton and Foxboro. None Clerk Wills noted the Bristol County Selectmen's meeting is tomorrow night. Selectman Robinson stated it is a meeting with area legislators regarding legislation r we would like them to propose. Board of Selectmen Minutes of April 18, 2001 7 r Selectman Robinson spoke of his efforts with the East Mansfield Common and noted the Girl Scouts have volunteered to do the planting this year on Memorial Day. Chairman McCarter, in response to calls he's had from Branch Street residents, asked why that street is not included on the list of proposed streets to be repaved. Article 4 of Special Town Meeting - Motion: To support (Wills-Amoruso) 4-0 Passes Article 6 - Clarification received Article 17 of Annual Town Meeting Warrant - appraisal amount received. Article already received vote of support Article 20 of Annual Town Meeting Warrant - appraisal amount received. r Articles 35, 36, 37, 38 & 39 of the Annual Town Meeting Article 35 - Motion: To support (Wills-Robinson) 4-0 Passes Article 36 - Motion: To support (Amoruso-Wills) 4-0 Passes Article 37 - Motion: To support (Wills-Amoruso) 4-0 Passes Article 38 - Motion: To support (Robinson-Amoruso) 4-0 Passes Article 39 - Motion: To support (Wills-Robinson) 4-0 Passes Brian Leahy, consultant for Erin Centre, was introduced by Karl Clemmey and spoke on their articles for Town Meeting. r Mr. Leahy noted the landscape provisions of the current Zoning By-law, pointing out the differences in this parcel of land and their proposal to accept limited access Board of Selectmen Minutes of April 18, 2001 8 r- highways as defined to require a 25 foot buffer instead of 50. Mr. Clemmey pointed out the difficulty in presenting their article to the Selectmen for a $30 million project while the Planning Board is meeting concurrently to discuss their article. He further spoke on the extensive landscaping being required for his project, which fronts on a limited access highway. He asked for the Board of Selectmen's support of his zoning amendment article, which does not change any of the landscaping requirements on the residential side of the proposed development. A supermarket, an office supply user, a restaurant, possibly a bank, and a Home Depot are proposed for the site. Motion: To adjourn at 9:30 p.m. (Wills-Amoruso) 4-0 Passes ~ ~ r Board of Selectmen Minutes of April 18, 2001 9