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Board of Selectmen
Minutes of
June 12, 2002
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Present:
Chairman Daniel Donovan; Clerk Steven W. MacCaffrie; Vice Chairman
Michael W. McCue; Selectmen Louis P. Amoruso and David W.
McCarter.
Town Manager John O. D'Agostino
The meeting was called to order at 7:30 p.m., followed by the Pledge of Allegiance
to the Flag.
Selectmen MacCaffrie presented water bottled in Nova Scotia for the Canoe River
Campground sent by Joe Gonsalves for all those who drink their Aquafina bottled
water during the meeting.
· Minutes of June 5, 2002
r Motion: To approve and sign
(McCue-Amoruso)
Amendments: page 6 typo "that" may happen; page 8, Dot York's this Saturday;
last page "temporary use" Special Use Application
Motion : To approve as amended
(MacCaffrie-McCue) 5-0 Passes
· Warrant No. 51 in the amount of $2,182,936.79
Motion: To approve and sign
(MacCaffrie-Amoruso) 5-0 Passes with Selectman McCarter abstaining
from Municipal Building Committee payroll.
· Drainlayer's Licenses - all recommended for approval by Town Engineer John
Sullivan
-Patsy Cavalieri & Son, Inc. of 279 Elm Street, North Attleboro
Motion : To approve
(Amoruso-McCue) 5-0 Passes
r - Christian & Feck Development Corp. of 494 Stearns Avenue, Mansfield
Motion : To approve
Board of Selectmen Minutes of June 12, 2002
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(MacCaffrie-Amoruso) 5-0 Passes
- Riccio Builders of 6 Mill Farm Drive, Mansfield
Motion : To approve
(McCue-Amoruso) 5-0 Passes
Town ManaQer and Staff
. Memorandum from Treasurer/Collector Richard V. Boucher with paperwork
attached for vote and signatures as indicated for the Loan granted to us by the
Water Pollution Abatement Trust.
Motion:
1) That the Town shall issue a bond or bonds in an aggregate principal
amount not to exceed $1,200,000 (the "Bonds") pursuant to Chapters
29C and 44 of the General Laws and a vote of the Town passed April 25,
2001 (Article 16), for construction of sewers and other water pollution
control facilities (the "Project");
2) That in anticipation of the issuance of the Bonds the Treasurer is
r authorized to issue an interim loan note or notes (the "Notes") from time
to time in an aggregate principal amount not to exceed $1,005,000;
3) That each Bond or Note shall be issued as a single registered security,
and sold to the Massachusetts Water Pollution Abatement Trust (the
"Trust") at a price determined pursuant to the Loan Agreement;
4) That the Treasurer is authorized to determine the date, the form, the
maximum interest rate and the principal maturities of each Bond and
Note, and to execute a Loan Agreement with the Trust with respect to
the sale of the Bonds and Notes, such date, form and maturities and the
specific interest rate or rates of the Bonds and Notes to be approved by
a majority of the Board of Selectmen and the Treasurer and evidenced
by their execution of the Bonds or Notes;
5) That all action taken to date by the Town and its officers and agents to
carry out the Project and its financing, including the execution of any
loan commitment or agreement by the Treasurer, are hereby ratified,
approved and confirmed; and
6) That the Treasurer and the other appropriate Town officials are each
hereby authorized to take any and all actions necessary and convenient
to carry out the provisions of this vote, including execution and delivery
of the Loan Agreement and the Project Regulatory Agreement relating to
r the Project.
(MacCaffrie-Amoruso) 5-0 Passes
Board of Selectmen Minutes of June 12, 2002
2
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. Letter from Town Counsel Robert Mangiaratti re: Hampshire Road sidewalks
Motion: To clarify the meaning of our letter to Joyce E. Hastings, P.L.S. dated
October 4, 2001 and declare that the town does not intend for Kendall
Corporation or its successors to remove any part of the public sidewalk on
Hampshire Road if Kendall were to move away from the adjacent site. The town
does, however, intend that Kendall and its successors will properly restore any
portions of the public roadway disturbed in connection with the construction of
the proposed sidewalk.
(MacCaffrie-Amoruso) 5-0 Passes
The Town Manager noted there is another issue with respect to the vote which
was taken. The plans approved dated July 26, 2001 have been revised slightly
and were last revised on May 30, 2002. Town Engineer John Sullivan has
reviewed them and determined they do not significantly change the plans as
previously approved by the Selectmen on September 26, 2001. He
recommended the Board of Selectmen vote "That the plan revisions of May 30,
2002 do not affect their September 26, 2001 vote of approval, with the
understanding that the property owners are responsible for the construction
and maintenance of the added two foot high retaining wall to preserve the
existing trees on their property." He also suggested the Board note for the
(' record that the location of the proposed 113 sq. ft. electric easement, shown on
the revised ptans of May 30, 2002, has moved approximately 28 feet to the
north from that shown on the previous plan referenced in Article 29, as
accepted by the Town Meeting on May 6, 2002.
Motion: To accept the recommendation of Town Engineer John Sullivan and
vote to approve and accept the revisions to the plan as noted.
(MacCaffrie-Amoruso) 5-0 Passes
. Letter from Town Counsel Robert Mangiaratti re: Lot 287, Map 24, Lot B,
Cottage Street
The Town Manager reviewed the history of this situation, noting the need to
take a vote to sell the property to Mr. and Mrs. McClanahan for the appraised
value of $3400 plus the cost of the appraisal and pro forma taxes. Town
Meeting authorized the sale of the property and the appraisal is less than the
requirements of Chapter 30B. Selectman Mac Caffrie asked if Town Meeting
specified it be sold by sealed bid.
Motion: To table for clarification
(MacCaffrie-Amoruso) 5-0 Passes
The Town Meeting vote was checked and it was determined the vote of Town
r Meeting was "To sell for no less than it's appraised value plus the cost of
appraisal. "
Board of Selectmen Minutes of June 12, 2002
3
r Motion: To approve the sale subject to the condition of payment of taxes as
required and payment of the cost of appraisal if necessary
(Amoruso-McCue)
Amendment: To advertise and offer it for sale to the highest bidder. It was
noted that Mr. McClanahan has paid for the necessary title search and other
costs associated with the sale of the land.
Motion: To withdraw the previous motion and table the matter until next week
to get the appraisal.
(MacCaffrie-McCarter) 5-0 Passes
· E-mail from Town Counsel Robert Mangiaratti re: Sale of Cottage Street lot to
Michael McClanahan
· Memorandum from Kurt Gaffney, Water Operations Manager, re: Water
Connection for 59 East Belcher Road
Motion : To approve
(MacCaffrie-Amoruso) 5-0 Passes
· Memorandum from Kurt Gaffney, Water Operations Manager, re: Transfer
from Water Reserve Fund due to Prescott Well having to be redeveloped and
r repaired. $20,132.24 with a further anticipated cost of $867.00
Motion: To recommend approval to the Finance Committee
(McCarter-Amoruso) 5-0 Passes
Boards and Committees
· Fax from Steve MacCaffrie to the Town Manager re: Tweeter Center parking
violations
· Memorandum from Airport Commission Chairman Robert Andrews re: draft
request for proposals
· Copy of letter from DPW Director Lee Azinheira to Leo Potter, Foxborough
Water and Sewer Superintendent re: Sewer Transfers
Residents
· Copy of letter from Mark Isabelle of 185 Mill Street to John D'Agostino re: his
son's Eagle Scout project with draft letter of response of Town Manager
r attached
Board of Selectmen Minutes of June 12, 2002
4
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The Fair Housing Committee was present with Planning Director Shaun Burke, who
acts as their staff advisor, to announce the winners of their annual poster contest.
Prizes were awarded earlier in the evening by the Fair Housing Committee, and
certificates from the Selectmen were presented to: Kate Nolan, Grand Prize
winner; Jessie Berlingo, first prize winner; John Bowes, second prize winner; and
Sarah Grina, 3rd prize winner.
Shaun Burke, Director of Planning and Development, was present at the request of
the Board to discuss Chapter 40B of Massachusetts General Laws. He reviewed the
law, passed in 1969 which, at that time, was referred to as the "anti-snob zoning
act." It provides the opportunity to develop housing in a community with
comprehensive permitting. Mansfield does not currently have applications, but may
have in the future. The CMR's have been amended over time, but the enabling
legislation has not changed since 1969. The 10 percent affordable housing is a
r moving target as the population increases. We're currently at 7.14 percent. It's an
unfair process that takes the home rule process away from cities and towns and
puts it in the hands of the developer. Mr. Burke said he is not convinced that in
2002 the legislation created in 1969 is what cities and towns want.
Selectman McCarter noted the Board's attendance at a meeting in Norton at which
an attorney involved in these issues was the speaker. He said that it was well-
intentioned at the time of its adoption. Selectman McCarter asked about
safeguards we could adopt to deal with the potential applicants, such as the Town
hiring a consultant, with the Town charging the fee to the applicant, to be sure that
the requirements are being met. Mr. Burke noted we do not have any such
safeguards. Chapter 40B sets aside the local zoning by-law. Local regulations can
be adopted by the Zoning Board of Appeals following proper advertisement and
public hearing. There is no "grandfathering" under Chapter 40B, which means that
even after an application is received, the Zoning Board of Appeals could put it aside
and hold the necessary hearing to set regulations. State regulations cannot be
waived, so local regulations would have to be drafted in such a way as to not set
aside any portion of the original law, but only the CMRs. Mr. Burke said staff can
draft local regulations.
/"""'
Board of Selectmen Minutes of June 12,2002
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Selectman McCue asked Mr. Burke if he's heard anything about a referendum
question for the November ballot to amend Chapter 40B. Mr. Burke noted he has
not, but that there is always some discussion along those lines.
Chairman Donovan asked how the percentage is calculated. It is sometimes based
on land area of the town and other times by the number of housing units. The
subsidy runs with the units and not with the occupants. Mr. Burke noted Section 8
mobility certificates are an issue because they allow the holder of the certificate
to go outside of their local community if they cannot find affordable housing in
their own community. Chairman Donovan noted local regulations can extend the
time period that the affordable units remain as affordable units and do not become
market rate units.
Mr. Burke sugge_ttd the Local Housing Partnership formed by the Selectmen is a
good way to provide another level of review. Selectman McCue asked who the
defenders of this law are on Beacon Hill. Mr. Burke noted it is generally the
developers. Discussion followed as to the means used to fund the continuation of
the program, noting not all 351 cities and towns in Massachusetts have the same
pressure placed on them to provide affordable housing. Selectman MacCaffrie
spoke of the heavy-handed way it is presented. Town Manager D'Agostino spoke of
r by-laws being established in Middleboro which encourage controlled developments
through by-law changes in a way that is acceptable to the local community. Mr.
Burke spoke of "incentive" zoning and "inclusionary" zoning. Although we've had it in
our by-laws for years, it's not often used because cluster zoning requires a Special
Permit and is more difficult to obtain. If an application is received and not acted
on within the 30-day required approval time, it is granted constructively.
DPW Director Lee Azinheira noted they were last before the Board on April 24th to
talk about the water rates, but there was no proposal at that time because the
water treatment plant article was being presented at Town Meeting. The article
was passed at Town Meeting and they're now back looking for the direction of the
Board as Water Commissioners. He suggested the Board adopt a four-year plan.
Selectman MacCaffrie asked how we know the money coming in is earmarked
specifically for this project and not spent in some other way. Mr. D'Agostino noted
rates also cover the operation of the Water Department and will increase over
time. Mr. Azinheira noted we've taken on debt service that has affected the
r rates. We don't anticipate lowering the rates, but retiring the debt will help to
Board of Selectmen Minutes of June 12,2002
6
r stabilize the rate. He reviewed the assumptions that were made in calculating the
rates, noting any variation will have an impact.
Mr. D'Agostino noted this is still an immature enterprise account. As the
enterprise account builds up over time, it will become a mature account that allows
us to overcome some of the fluctuations.
Selectman McCue asked when the enterprise account will get to the level to
perform the way we would like it to. Mr. Azinheira reviewed the process and
variables, noting he would be more comfortable if we had $500,000 in the account
and we are working in that direction.
Selectman MacCaffrie asked about 2008 and how we're going to pay $98,000 for
two pickup trucks. It was noted that is a typographical error and other than this
year, the numbers are all projections. Selectman MacCaffrie noted he voted
against the enterprise account at Town Meeting because it was not funded properly.
The rate was paying for whatever was being done, and we were never able to
establish the funds needed. This proposal is an attempt to do so. We are
straddled with so much debt because of growth and the fact that whenever we
needed to do something, we had to go out and borrow for it.
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The design of the treatment plant is to begin right away, with the construction
being contingent upon the State Revolving Fund (SRF) funding.
Alternative Number 3 presented provides for a 6.0'Yo increase in each of the next
four years and gives us an opportunity to build up the account to cover capital costs
and also provides a measure of predictability for the ratepayer. Selectman McCue
reminded the Board of the need to keep the whole picture in focus, noting the
ratepayers have increases in many other services that result in increased household
~)(penses. Town Manager D'Agostino spoke of abatement programs implemented to
help mitigate the expenses. Part of the rate increase sets aside $30,000 to
provide for rebates for the installation of low flow toilets.
Motion: To approve the 6.0'Yo increase for FY2003, following alternative 3
(Amoruso-MacCaffrie) 5-0 Passes
Mr. Azinheira will provide a complete breakdown for the next meeting and will come
back with a recommendation for when the new rate should take effect.
Mr. Gaffney spoke of Mansfield being recognized as one of the top water systems
in Massachusetts and thanked the Board for supporting Mansfield's hosting of the
/"""' program.
Board of Selectmen Minutes of June 12, 2002
7
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Brian Mulligan, President of Mulligan Builders, said he's trying to develop Westaway
Estates and has been trying to get sewer for two years. He's been told they are in
a critical needs area.
Mr. Azinheira noted the location of the development and pointed out Mr. Mulligan
has begun cutting the roads. He showed on the map where the critical needs area
is located, noting Westaway Estates would be located between two branches of the
Canoe River. There is enough flow to accommodate their need for sewer and it was
discussed at the May 23rd Tri- Town Sewer meeting. Mr. Azinheira recommended an
allocation of up to 3,520 gallons per day to come from Norton's allocation of flow
for the critical needs area.
Mr. Mulligan noted it took almost two years to get approval from Norton to build
the eight houses. The percs passed, but just barely so. Selectman MacCaffrie
spoke of the poor drainage characteristics of the soil in that area and noted he
would support it only because he does not want to see a series of houses being put
in and then having failed septic systems in ten years.
Motion: To approve the connection of Westaway Estates of up to 3,520 gallons
.f' per day and subject to all State regulations.
(McCue-Amoruso) 5-0 Passes
The Town Manager reported:
. The Board needs to provide official notification of their vote to approve the
transfer of AT&T Broadband to AT&T Comcast. The documentation requested
has been provided and a document dated June 12, 2002 needs to be signed to
approve the change.
. Updated the Board on responses received from employees who may be
interested in participating in the early retirement program. We sent out 70
letters, with 28 employees indicating an interest in participating. The majority
of those were School Department employees. 23 opted not to consider early
retirement at this time. Some of those may already be at maximum retirement
level. We will now sit down with the department heads to determine the impact
and costs associated with the program. Discussion ensued as to the process. An
r opportunity would be afforded the public to comment on the adoption of the
program. Health care costs were the biggest concern because the Town-side of
Board of Selectmen Minutes of June 12, 2002
8
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the budget pays for health insurance for school employees and we would be
picking up the benefits for both the retirees and the new hires to replace them.
·
The Lodge of Elks is sponsoring a Flag Day Ceremony at 7:00 p.m. Friday on
South Common. The public is invited.
·
Has prepared a letter to Frank Foss dealing with the outstanding issues brought
to our attention by the Cable Compliance Committee. He reviewed the various
issues raised in the letter and asked that Chairman Donovan be authorized to
sign the letter on behalf of the Board.
Motion: To send the letter with the Chairman's signature
(McCue-MacCaffrie) 5-0 Passes
·
We are allowed by the license agreement to submit to AT&T Comcast for up to
$5,000 reimbursement for expenses related to the transfer of the license. We
will have a summary of those expenses for next week's meeting. Selectman
MacCaffrie suggested sending a letter immediately, noting backup
documentation will be forthcoming.
r
Richard Devine of 6 Morgan Rocad - asked what happened with the power loss of at
least four hours in East Mansfield. The loss was from the center of town eastward
and was the result of a defective relay of equipment that is fifty years old and is in
the process of being replaced. Mr. Devine noted the Light Commissioners should be
aware of the businesses that may have lost product. Selectman Amoruso noted it
has to be gross negligence according to State regulations and this was not the case.
We are in the process of replacing the equipment. It is more likely that business
would be lost rather than materials or supplies. Mr. Devine also asked about what's
happening at West Street with wires going underground. He noted every Saturday
we work on that roadway and it never gets done or fixed. He expressed concern
about the effect of overtime work on the rates, noting they could work weekdays
from 9:30 a.m. to 3:00 p.m. when the traffic is not heavy. Light Department
Director Jack Beliveau wi/I be asked for a response. Some of the problem may be
that the work requires interruption of power that can't be done in the Industrial
Park during the workday.
George Dentino of Gladiola Terrace - spoke about the massive amount of trees
getting cut at the former Great Waves site and asked by what rights they're
r clearing the trees and what the Town is doing about it. They are operating under a
State permit to clear. They have that right by the permit approved. The permit is
Board of Selectmen Minutes of June 12,2002
9
r on the land and the plan submitted on the land, not the project. Mr. Dentino noted
the Order of Conditions was challenged and DEP set the conditions. The DEP
permit expires within a certain timeframe. The plans were submitted, the Zoning
Board of Appeals made a decision that the project was not a permitted use in Town.
The decision was never appealed by Blackstone Entertainment, so it still stands.
Since it was never declared an allowed use, the plans are no longer good and they
have to re-apply with a new set of plans. There currently is no plan that allows the
use. Chairman Donovan suggested Mr. Dentino make an appointment with the Town
Manager to review it. Selectman MacCaffrie spoke of his experience with DEP
approved projects, noting we should get legal clarification on the matter. DEP
would have offered an extension if a project could not start on time. The Town
Manger suggested A ttorney Roberts could take a look at it as our environmental
attorney.
Selectman MacCaffrie:
· Reported he met with Town AccountantBea Kearney regarding the Building
Department fees and expenses. He said he did make some errors on his
r calculations and Bea Kearney also had a couple of figures that were not correct.
He will re-do his figures, but considers the matter settled.
· Asked if we found out anything on Mr. Boynton's water main. We did not and will
follow-up on it.
· Looked through the information provided by Mr. Burke regarding Special
Permits. It all pertains to cluster developments and such and does not tell him
what he needs to know. Someone who does not own the property cannot make
the filing with the Registry of Deeds and Mansfield Music and Arts Society
does not own the property on which they plan to seek a Special Permit. He
asked if the Attorney General has ruled on the article yet, noting with the
information provided thus far he does not feel inclined to vote for the Special
Permit. Selectman McCarter noted you do not have to be the landowner to
obtain a Special Permit. Town Manager D'Agostino said the information was
provided to guide us on a process and was not intended to layout the steps in
granting a particular Special Permit. Were attempting to develop a
comprehensive process for a type of special permit we've never issued. This
would be a temporary use special permit. The Board needs to establish a
process with staff input and it should be made an agenda item. Mr. Butler will
r be contacted to see what his deadline is. Realistically he may not be able to
have a traffic study developed in time to meet the deadline.
Board of Selectmen Minutes of June 12, 2002
10
/"""'
Selectman McCarter:
· Asked if we're going to look at diagonal parking on Old Colony Way. The
intent is to create as much diagonal parking in that area as possible. It wi/I
be needed to replicate parking lost at the Train Station during construction
and to accommodate local businesses. We have some landtakings that need
to be pursued to do this.
Chairman Donovan:
· Asked if there's a liability with kids playing football on the lot next to the
North Main Street Fire Station. He asked the Town Manager to speak with
the owner and see if he'll lease the property.
Selectman McCarter:
· Asked that the Town Manager call Attorney Roberts tomorrow and get an
opinion regarding the clearing of the land at the former Great Waves site.
r The Town Manager instructed staff to go to that meeting at the DEP and
they did. They went to monitor what the delineations are and what is
expected from the State. There was no issue until the individual on Essex
Street began to clear his land in violation of the existing regulations in place.
He wi/I have A ttorney Roberts look at it and it will cost the Town some
money to do so. Selectman MacCaffrie noted you get answers to questions
depending on how you ask the question. He would prefer to get Mr. Roberts
to answer the question as if this should never have happened. There were
some wetlands and replication areas in the original plan. Now because there
are no plans and no permit, he asked if our conservation regulations are
being adhered to. Selectman McCarter said the DEP permit goes with the
project and was issued based on hearings held in Mansfield for that project
and that set of plans.
Selectman Amoruso:
· Spoke of the memo sent by Scott Leite on C. J. Scooter's where they do not
have kitchen facilities and cannot serve food. He asked that staff contact
all of our licensees and see if they are serving food and, if they're not, we
should let them know what the regulation is and make a determination as to
how long we will allow the license to continue.
/"""'
Selectman MacCaffrie:
Board of Selectmen Minutes of June 12,2002
11
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· Asked if Mill Street will be paved after the school busses stop running. He
also asked that the yards be cleaned up where they've been working, stating
they're losing the end of the pavement and sand and gravel are washing down
at 232 or 234 Mill where we put the new sewer line.
· Essex Street parking lot - is there a timetable for getting it done? The pile
of loam and gravel detracts from the natural beauty of the site. The
project had to be started by a given date or we'd lose our grant money. The
Town Manager will check on the status.
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· Talked to one of the limo drivers at Tweeter the other night and got the
impression that limos and busses have to pay an access charge to go in there.
If the vehicle stays there, he believes it should be a parking fee. If the
ticket includes the parking, then they should not be taking any money for
vehicles moving in or out. We should be getting part of the revenue or they
shouldn't be charging. It's a zoning issue and would fall under a commercial
parking lot which would be challenged in Court. If there's money to be paid
in any lot, it requires a commercial parking license and a vote should be taken
to require them to obtain a commercial parking license. The Fire and Police
Departments are responsible for making sure fire and emergency lanes are
not blocked. The file will be checked for information received last year on
this issue.
Motion: To adjourn at 10:47 p.m.
(McCue-Amoruso) 5-0 Passes
¡¡;ç/6l-
Date of Approval
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Board of Selectmen Minutes of June 12, 2002
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