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HomeMy WebLinkAboutmin brd of selectmen 10/06/04 ~~nJ( .."-- .c::---- . ("' Board of Selectmen Meeting Minutes October 6, 2004 "·-I"'I!"""!v··..fj' i..1~... I t~, t' :,~ ,\- ¥. '< ¡ \!'~ rpI.(C:, nf-F IC.E. ~' T ~ , ... _, t,. ':. ',..J '- Ot.¡ OCT' 8 ~M 10: 09 t·1ANSFIELO MASSACHUSETTS . Present: Chainnan Steven W. MacCaffiie; Vice Chainnan Roger S. Achille; Clerk Bernard J. Dolan; Selectman Louis P. Amoruso; Selectman Michael McCue and Town Manager John O. Ð' Agostino The meeting was called to order at 7:30 p.m. with a Pledge of Allegiance to the Flag. The Making Strides for Cancer fundraiser was announced by Sandra LaRosee, Assistant Treasurer and the phone lines were opened to accept pledges. Chairman MacCaffrie donated $100 and challenged the Board of Selectmen to meet or exceed this amount. Richard Boucher, Town Treasurer, then donated $150. Selectman Amoruso offered a $100 challenge. · Warrant No. 15 in the amount of $2, 726, 692.81 Motion: To approve and sign the warrant. (Achille/McCue) 5-0 Passes . . Minutes of September 29, 2004 r Motion: To approve as amended. (Achille/Amoruso) 5-0 Passes · Minutes of Executive Session Meeting of September 29, 2004 Motion: To approve but not release. 5-0 Passes (McCue/Amoruso) · Minutes of Comprehensive Wastewater Management Plan of September 30, 2004 Motion: To approve and release. (Dolan! Amoruso) 5-0 Passes · Parade Pennit: Forest Park for October 31,2004 Motion: To approve with all restrictions and approvals ftom Police & Fire Chiefs. (Achille/Amoruso) 5-0 Passes · Parade Permit: High School Band, Floats, Queen & Court for November 6, 2004 Motion: To approve with all restrictions and approvals fÌ"om Police & Fire Chiefs. Note: Organizer must contact Police Department for detail by October 25th. (Achille/Amoruso) 5-0 Passes (' Board of Selectmen Minutes of October 6, 2004 I r . Road Race: YMCA for November 7,2004 Motion: To approve with all restrictions and approvals ÍÌom Police & Fire Chiefs. (McCue/Amoruso) 5-0 Passes · Road Race: Billy Kelly Memorial5K for November 21,2004 Motion: To approve with all restrictions and approvals fÌ"om Police & Fire Chiefs. (Amoruso/Achille) 5-0 Passes · Request fÌ"om YMCA to waive building and town fees for Eagle Scout project for Michael Stankiewicz (construction of summer pavilion at 40 Balcom Street location. John D'Agostino said the town always helps with Eagle Scout projects, so he will speak to the Building Department. Motion: To approve. (Mike McCue / Bernie Dolan) 5-0 Passes · Warrant for Town Election from Helen Christian, Town Clerk Motion: To sign (Amoruso/McCue) 5-0 Passes r Woodard and Curran: Lee Azinheira, DPW Director, introduced Duff Collins, Sr. Vice President of Woodard and Curran, who has been assisting Lee and his team with the Plymouth St. storage piles. As soon as these piles were identified, DEP was notified and he met with them on site and devised a plan to store the materials for future use. There were 31-32 samples tested fotconstituents and they were pleased and comfortable to report the test results came back favorable, as they were well within the concentrations that do not pose risks. Mr. Collins has spoken with DEP regarding the asphalt grindings and detennined that a plan documenting the excavation will be sufficient to continue to reuse the materials (DPW/Hwy) and also they will document the test results and the protocol submitted to DEP. Selectman Achille asked for clarification on the reuse of this soil for other projects. Duff said the initial work involved the grinding /excavation and subbase material for storage at locations for future reuse. Since it was thought the location of this roadway posed a health risk; it was acted upon immediately. Chairman MacCaffiie asked if this material can be reused or does it need to be recovered. The answer was that 3-4 inches of gravel usually cover it; there is no clear policy but that action is prudent. It may be helpful to write down a set of procedures for future use. He also noted that grinding up 2-3 inches of asphalt can crumble it and he would want to seal it so as to not allow water to drain out. Mr. Collins said the levels of constituents of asphalt do not pose additional risks but it is an extra measure to cover it as used throughout the state and nation. An agreement documenting the original material fÌ'om the original location (next to a disposal site) will be tracked. Selectman McCue noted it was not anymore unusual than any other pile. Selectman Dolan said it could be covered Selectman Achille asked what are the constituents - the response was that they are petroleum based materials: tar, etc. It is a good recycling material. Chairman MacCaffrie stated there could have been leaching :fÌ'om across the road. ,.-- Board of Selectmen Minutes of October 6, 2004 2 (' Selectman Dolan said we could use it again, with maybe a coating on it. Mr. Collins said the Lakeville DEP office has been very active in protecting public health and is comfortable in this approach. One of the concerns that this material could have had some constituents in it that could have potentially contaminated. Chairman MacCaffrie said the fmdings are not dangerous. They include hexavalent and chromium. Selectman Achille asked if the same material is used throughout the state. Mr. Collins said LSP (licensed site professional) often reuse this in gravel for roads, as it is the cost effective use of this material. Selectman Amoruso asked if we would look beyond lead and what kind of poison it is or what kind of PCBs are there. Mr. Collins noted the test results: indications of layers of ash and former usage but at this poÍÍlt they focused on the level of characteristics that pose the hazard to public health. Selectman Dolan noted it was good news. Mr. Collins noted the speed of the response that the Town took was looked upon favorably. The Board expressed thanks to Mr. Collins and Woodward and Curran. r 8:00: Planning Board: Members present were Chairman Thomas French; Frederick Annstrong; Frank Holmes; Douglas Annino; John DeMassi; Frank Holmes and Walter Jenkins. Chairman French thanked the Board for the invite. He noted the Board has been very busy with Cabot Park and have some developments on properties there: MedCo is a 25K s.fbuilding; Medline is interested in the undeveloped property; 31 Oxford Rd ( the former Tennis 95 building) will be the Dana Barrows basketball Academy. There have been some small subdivisions being reviewed; the over 55 age-restricted condos at Rte 106 and Franklin St. (Special Permit); the proposed shopping center (School St.!Golden Traingle) will be 450K s.£. of retail space has had three public hearings so far with limited attendance. Chairman MacCaffiie noted he had attended these but did not find the developer had substantial infonnation on the design and he noted town officials cannot do anything about certain things i.e. if the project meets town requirements and by-laws 25K square foot bldg in office park, the permits will be issued. The industrial zone does allow retail but they can mitigate it and have the standards set forth met. The issue of the sewer pipe was discussed and Mr. French will meet with John Sullivan, Town Engineer, about the inftastructure and capacity issues. Also George's Cleaners building will come down and be replaced by a new facility. Selectman Amoruso noted that some of the large volume of the sewer issue has to do with the Chapter 40B project and it may need to be mitigated. They know the plant can handle the capacity but it is a matter of how to get it there with the piping. Selectman Dolan asked Mr. Annino about the 'big box' design in Cabot Park and noted it has not been changed. He feels not a lot of advance work was done by this developer and it is ftustrating. Selectman Amoruso noted that we are in a position to deal with this - if it does not meet muster - then we need to look at that. ".....- Board of Selectmen Minutes of October 6, 2004 3 r The zoning was changed in the district of the <Golden Triangle' and it was not part of the industrial park at that time. The Board felt there was a distinction in the planned Business District. The owner had been <grandfathered' into the zoning. Selectman Achille recalled many meetings with IDC for public input and the appropriate use was also voted at Town Mtg. The issues that are being discussed are substantive; the Board is very professional and deliberate to the 'Face' of Mansfield and they are doing what is in the best interest of Mansfield and since they are now on TV , the public can see what is happening. He compliments the Board on their work. Selectman Dolan was disappointed in the plans as it was just a big parking lot. Chainnan MacCaffiie said they are grandfathered for a certain amount of time(2 years). Shaun Burke, Planning Director, spoke on the available large lots (about 200 acres in East! West Mansfield) and smaller lots that were passed on earlier due to wetland issues. Selectman Dolan mentioned what can we do for them. Mr. French said they have fonned the Downtown Committee but they are not getting public input and they need people to tell them what is envisioned - it is vital for the town. Selectman Amoruso asked if it would be helpful to hold a workshop and the Planning Board will look into arranging it. Mr. Annino noted the utility issue on School St. and asked why National Grid was reluctant to put the utilities underground. He asked if there is any way to get the State Representatives and Senators to help with this. Selectman Dolan asked why the utility would not go along with it since the developer was willing to pay for it. Chairman MacCaffrie asked for a motion to write a letter to National Grid to express our desire for the underground utilities for the aesthetics. Motion: To send a letter to National Grid seeking underground utilities. (Dolan! Amoruso). Selectman Achille amended the motion to see if they will enter into an agreement with the developers. This was seconded by Selectman Dolan. Passed. 5-0 Selectman McCue asked about lack of access on Rte 140 as it will reduce the impact of traffic on School St. The entire Board is willing to help with that and asked the Planning Board to come to the Board of Selectmen for assistance. John D'Agostino noted he was encouraged by the level of interest at the meeting with Mass Hwy and to have an access off Rte 140 for success of the project. The Planning Board was thanked by all. r Conservation Commission Candidate: Colin Cauldwell, 842 East Main St., was present to meet with the Board of Selectmen at 8:15 p.m. He was welcomed by the Chainnan. There are two openings on Conservation Commission and he will fill the tenn vacated by either Diane Ready or Bob Bean (whichever is the longest tenn). Mr. Cauldwell was . asked why his interest and he responded that he has a life long interest in Mansfield and has been vocal on the local issues; he has served the Town with sports activities, the Board of Library Trustees (8 yrs), has attended Town Meetings, and being in construction he is familiar with conservation issues. The Board members thanked him for applying and noted his long time interest and involvement in Mansfield. It was noted that the decisions of the Conservation Commission were starting to be affected by not having enough members r- Board of Selectmen Minutes of October 6, 2004 4 r Mr. Cauldwell noted the new agent is doing great and he is familiar with some of the ongoing projects. Motion: To appoint Colin Cauldwell to the Conservation Commission to the longer of the two open seats. (Achille/Amoruso) 5-0 Passes Town Manager and Staff Deer Crossing Sign on Coach Road Motion: To approve and ask the DPW to erect the sign. 5-0 (Achille/Amoruso) 5-0 Passes Passes Notification fÌ"om John Sullivan of the Otis Street Bridge Hearing on October 7th. Notification of the Comprehensive Waste Water Management Plan Workshop on October 7th. - Selectman Dolan and John D'Agostino to attend. Notification of the problem with information on capacity of sewer system from John Sullivan. - John D'Agostino noted the need to discuss another time. Infonnation fÌ"om Bernie McCourt, Mass Highway, about the costs being $19K for two lights and John D'Agostino noted they have been asked to validate the costs. It was r mentioned that public safety is important. Selectman Dolan asked about the price of the light being so high, but it is the equipment to run it, the labor and the signalization that is costly. Selectman McCue noted that even money aside, it was finally done. John D'Agostino said it was a long road and it is justified for public safety. Selectman Amoruso then noted the trouble when the power was out and it is important. Ptl. Lance Lawson said it was an important signalization and would chain himself to the light and would incarcerate anyone who tried to remove it. This means the School St project is close to completion. John D'Agostino spoke on the Cancer Walk and that it is in the memory of town hall people who have either worked here or had relatives who died from cancer. Selectman Amoruso noted breast cancer is mostly in females but now males are getting it, and there has been more than our share here in town hall. John D'Agostino provided a memo about the latest Chapter 40B project. The vote has been taken by the Zoning Board of Appeals to approve the Fairfield Plan as amended fÌ'om an original submission of 256 units to 200 units. There was also a reduction in the number of three-bedroom units. While the ZBA voted to approve the project and I agree that no one really wants this project, it may be the best deal for the Town given what the state may approve on an appeal or denial. If the ZBA denied the permit, DHCD could grant the approval of the project at the original submission of 256 without the mitigation/concessions negotiated by and between the developer and the ZBA. I do not r Board of Selectmen Minutes of October 6, 2004 5 ,r believe the Town of Mansfield has standing to appeal the project. I do believe that the Natural Resource Trust, which has land abutting the project, has standing and could appeal the project. However, any appeal of the project may well negate any negotiated deal between the developer and the ZBA. In addition to the reduction of units, the developer has purchased two properties that abut the proposed project. The properties will remain affordable units and the proceeds from the sale of these units will go to the Town of Mansfield to be used for future Town sponsored affordable housing initiatives. With the approval of Fairfield, we have exceeded our 10% threshold and the certification fÌ"om DHCH initially wanted us to follow a certification process, but now they want just a letter filed with the back-up documentation. It is my understanding that the moratorium of % of I % goes back to the original submission date of, I believe, March 25th even though the state did not approve the plan fmally until September. So, the yearly reprieve ftom any additional units is really not a year, but much less than a year in our case. The % of I % number of new units in Mansfield is 67 units of affordable housing which need to be approved before the Town can then reject any additional units of affordable housing for up to one year. Presently, the ZBA has approved 42 units of affordable housing known as Mansfield Crossing (Routes 106/140), Baybrook Farms Village which consists of 24 homes of which six are affordable units, the village of Cedar Heights consisting of 66 units of housing, and now Fairfield Green. In order for the % of 1 % moratorium to apply, the first three projects needed to be approved. r Selectman McCue stated we are making proactive steps to meet the intent of the 40Blaw. . Chairman MacCaffrie noted we need to partner up with somebody within the next year. John D'Agostino said we need to maintain the threshold - if the 40B gets signed or appealed. The more units we build at market rate, the more affordable ones we need to maintain. Chainnan MacCaffrie said the ZBA and Planning Board need to be reminded about the exclusionary units per our new law for upcoming projects. Selectman McCue asked why does this not add up to the DCHD?? John D'Agostino said the DCHD has changed the rules several times and we have spent money doing it one way . They were not clear at the outset. Selectman McCue did not want to interfere w/ the ZBA, he now states he has serious reservations on this project and see what measures we need to take to have this go forward. John D'Agostino said if there is any appeal at the ZBA, it could go to Housing Court Selectman Amoruso noted the ZBA is doing the best it can do for the Town, but if the amount of effluent in the pipe and would need to get rid of the waste another way.. Chairman MacCaffrie noted if the ZBA does not turn it down, the Board of Selectmen is not appealing it but if someone else does, we have not lost. Therefore, it is not the project, but the conditions are what being appealed. Selectman Amoruso said it is our responsibility to do this soon and not have the Letter as Sewer Commissioners, but have staff write the letter and have the Board sign it so there is a buffer for something down the road. r Board of Selectmen Minutes of October 6, 2004 6 . ~"-_.-.,.._-,- r Motion: To ask John Sullivan to send a letter to the developer regarding the sewer pipe capacity issues as a result of the Chapter 40B approval of Fairfield Green. (Amoruso/Dolan) 5-0 Passes Selectman Amoruso said the facility can handle, but can the pipes handle it? Peter Detrolio said he had not known about the CDM presentation. John D'Agostino noted the memo fÌ"om John Sullivan is .on the capacity of the pipe, not the plant. Chairman MacCaffrie said the pipe capacity is up to 22% of the pipe that is now into the peak flow (buffer) reserve. The other properties that could hook up in the future would be unable to and would need to make an on-site sewer plant. Selectman Amoruso had spoken to Dave Young about the issue and we need to look into it. We need to let the proponents know so there are no surprises. Quantitative issues need to be cleared up so that we know what the consultants and out town engineers are thinking, so as to make a better decision. Selectman Dolan said it could be worked out - but to just discuss the problems and it is not that simple. r Chairman MacCaffiie explained that the Board of Selectmen got new infonnation last week about the buffer. The pipe change might need to be larger up to Rte 140. John D'Agostino said we need to mitigate and is only fair to the developer, who thought they had the 100% sewer tie-in. John D'Agostino - Cultural Council- dedicated members for art and art initiatives who need new memberships. If interested, contact T A office for serving if you have a desire to further the arts, please contact us. Peter Detrolio noted he was happy with the bridge issue. State Highway officials are planning a ribbon cutting ceremony for the Williams St. Bridge- it will reopen and will be highlighted as one of their Partner Projects. The bridge will result in better flow of traffic. The date is not specific but Mass Highway will notify us. r Board of Selectmen Minutes of October 6, 2004 7 r Selectman Dolan asked about any word on the Bridge on School St. Selectman Amoruso said it would possibly be October. Discussions about the light have been held; it will be flashing (red pennanent in emergency conditions). Fire Chief Bellavance has concerns about apparatus turning times and speeds of vehicle with the crest of hill will be difficult to stop before hitting the fIre trucks, as you don't see it. A suggestion was made about a hand device to manually change the light and also to put up a sign that says red traffic light ahead. John D'Agostino said it may delayed until the Elm St. bridge is done. The Senior Volunteer Luncheon announced last week will actually be in June. r MansfIeld Public Power Senior Luncheon will be Oct. 22, for Public Power Safety Week at 11 :30 a.m. Chairman MacCaffrie asked if the sponsor (Rotary/Lions) the luncheon for the seniors could pick up the bill for the transportation so more seniors could attend. John D'Agostino explained that OATRA runs the bus routes and they had to realign their schedules, etc. and will ask the sponsor to possibly pick up this costs also. Selectman Amoruso mentioned that we also have volunteers that can give seniors rides (Escort Volunteer Service). John D'Agostino said the COA still makes arrangements for those that request it. Chairman MacCaffrie asked about holding the meal at Bicentennial Court. Selectman Achille noted that this had come up last week. John D'Agostino said if we picked them up there would be significant added costs such as insurance, COR! checks on drivers, payroll. Selectman McCue mentioned we could possibly hire a bus for a one time trip. John D'Agostino said we could try to ask about this. Chainnan MacCaffrie had an issue that the luncheons cari only be attended by those that can afford it. The seniors feel as though the expense of the bus is an issue for them. Selectman Achille asked if we could ask the sponsor occasionally. John D'Agostino will fIgure out how to do it. Selectman Achille discussed the Mansfield Green hours and John D'Agostino said five years ago, they were open for the whole month of Nov. between 8-12 on Sundays where people could dispose of their leaves. He will ask Mike Ahern will look into it. There is no money in the budget but it could be open 12-4 pm to avoid the church issue and family mornings. Selectman Achille spoke to people who are recycling about a notification sign or some sort of sign in the bins that it is costing more money to put items in the street and would be more cost effective to recycle at the Green and 2) convenient for bins to be at Green to give out the recycling bins and pick up at both Town Hall and the Green. Chainnan MacCafftie noted the importance of the old "dumps". John D'Agostino said the people are recycling the recycling items such as lawnmowers, bikes, etc. It is an incredible process to see people go through what others have dropped off. Selectman Dolan suggested a brochure be mailed out. Selectman Achille said we could notify thru the monthly Light Department newsletters. r Board of Selectmen Minutes of October 6, 2004 8 (' John D'Agostino said it is in the contract to notify people and will ask the hauler to notify. Chairman MacCaffrie asked the Town Manager what is the relationship per ton to recycling v.s. everything for household tonnage. John D'Agostino said there is a cost to collect recycling materials. The Town Manager indicated that he would provide the tonnage information. Selectman Dolan noted that we are generating 200 tons, it is the same cost and it is now reduced the tipping fees. John D'Agostino said there would be a savings on either end. Selectman Dolan will not be here for the next two meetings. John D'Agostino asked the secretary to schedule the Fire Chief after Oct. 25th to discuss ambulance billing. r Selectman McCue attended the Mass Selectman Assn. And discussed the reclassified tax rates and recapped the existence of split rates; the consideration of small business does not require Town Mtg vote - the DOR has a nebulous way to determine how many employees (10) classify small businesses. John D'Agostino said the DOR sets the number. Selectman McCue also attended Senior Law Day in Attleboro; it was an interesting presentation. He also attended the Franklin event w/ Ranch Kimball, new secretary of Economic Development; there is a shift on the part of the state for less confusing initiatives, but it seemed a repackaging of the same infonnation. In a previous meeting they had discussed various affordable housing for Mansfield and the current project may bear resemblance to Norton. It was discussed to contact the Town Manager in Norton. Motion: To contact Town Manager in Norton to inquire about the appeal on a 40B that was approved that Norton had joined in with the abutters. (McCue/Dolan) (5-0) Passed Selectman Amoruso had none. Selectman Achille had none. Chairman MacCaffrie had none. Selectman Dolan spoke on the Block Grant about the Alzheimers devices since the grant specified community input in how to spend the money on technology. This purchase would also save money on the search and will save lives. He discussed the Chief s letter and did not approve of the tone of the letter as it does not mention what other ideas may have been submitted or is he going to spend on the capital improvements. Selectman Dolan directs John D'Agostino to speak to the Chief about this. John D'Agosûno will r Board ofSelectrnen Minutes of October 6, 2004 9 r (' r follow through. Selectman Amoruso asked what is the money going to be used for it as it is a block grant and Mr. Dolan is correct and we need to be enlightened. Mr. Dolan has a problem with what the money is used for if it is technology based just for the Police Department. Adjournment: Motion: To adjourn at 10: 17 p.m. (Amoruso) 5-0 Passes Board of Selectmen Minutes of October 6, 2004 10