Loading...
HomeMy WebLinkAboutBOS MINUTES 3-30-1994BOARD OF SELECTMEN'S MINUTES March 30, 1994 PRESENT: Chairman Robinson, Clerk Ronald, Seleamen Pen , asq%W, AIA gu jl�g and Town Manager, William Williams, and Secretary, Tracy Pereira,. 1. 7:00 P.M. - Executive Session S1tl,�ij,if_�j<_. L MOTION: To go into executive session to discuss labor negotiations. (Pasquale- Ronald) All in favor. PASSES. Ronald Aye. Pasquale Aye. Robinson Aye. Please see Page 1A for the executive session minutes. 2. 7:35 P.M. - The Meeting was called to order followed by the pledge of allegiance. 3. 7:36 P.M. - Discussion with Joan Cutillo, Town Treasurer, and Larry Gallagher, Town Accountant concerning Audit Proposals Mr. Gallagher stated that and Ms. Cutillo received four or five favorable recommendations for the firm they have chosen. Discussion followed concerning the amount of liability the firm is providing. Ms. Cutillo stated that she feels the liability amount should be sufficient and that she has spoken with other Treasurers and received excellent recommendations for the audit firm she and Mr. Gallagher have chosen. MOTION: To approve the firm chosen subject to an escape claus being added to the con- tract. (Pasquale- Penney) All in favor. PASSES. 4. Warrant No. 40 MOTION: To approve Warrant No. 40 in the amount of $1454,202.05. (Royle- Pasquale) All in favor. Selectman Royle abstained from all Board of Health items. 5. Minutes of March 16, 1994 MOTION: To approve the minutes of March 16, 1994. (Pasquale - Penney) All in favor. PASSES. MOTION: To approve the executive session minutes of March 17, 1994. (Penney- Royle) All in favor. PASSES. 6. Licenses and Permits Junk Dealers License Renewal for J.DiRienzo MOTION: To approve. (Pasquale- Penney The Selectmen then signed the Beer and Wine License for Tedeschi's, which was just approved by the Alcohol Beverage Control Commission. 1 Correspondence ACTION CORRESPONDENCE: iMiscellaneous Correspondence: Letter from Rich Havens, Director, New England Triathlon Series - Massachusetts, to Mr. Wil- liams, Town Manager, requesting permission to stage a portion of the bike course through the Town of Mansfield on Sunday August 14 MOTION: To approve subject to the public safety officer's approval. (Pasquale- Penney) All in favor. PASSES. OTHER CORRESPONDENCE: Correspondence from Residents: Letter from George H. Wojtkiewicz to the Board of Selectmen in appreciation of the Selectmen's recognition and award in honor of his service to the Town of Mansfield Mr. Wojtkiewicz has asked that this letter be read aloud. Correspondence from Boards and Committees: Notice of a Planning Board public hearing for a subdivision of nineteen lots on a plan titled Cobbler's Corner on April 20, 1994 at 7:30 P.M. Correspondence from Town Manager and Staff: Copy of a letter from Shaun Burke, Director of Planning and Development, to Robert Man - giaratti, Town Counsel, concerning Planning Board zoning public hearings Correspondence from State and Local Governments: Memorandum from SRPEDD to the Board of Selectmen concerning the Public Participation Program Treasurer Joe Malone's Quarterly Luncheon Series Notice Letter from the Bristol County Retirement Board to Natalie Rammel concerning involuntary accidental disability retirement application Three joint applications to the Department of Public Utilities of Local Area Telecommunica- tions and H &F Investors, Inc. requesting approval for the transfer of the certificate of public convenience and necessity Application of Amtel Communications Payphones, Inc., to the Department of Public Utilities to provide pay telephone services within the Commonwealth Letter from DEP to Roy DeGirolamo concerning 631 East Street Determination of Need Joint Committee on Local Affairs Local Officials Notice of hearing concerning an Act Relative to Planning and Development in Massachusetts Miscellaneous Correspondence: Suburban Coalition Chronicle Commonwealth of Massachusetts Community Antenna Television Commission concerning an extension of time to file rate determinations Copy of a letter from GEI Consultants to Mr. Gerard Martin regarding Compo Chemical 3. 7:50 P.M. - Street Acceptance Public Hearing Clerk Ronald informed the Town residents attending the meeting of the purpose of the public hearing then read the list of streets proposed for acceptance at the April 25 Town Meeting. Shaun Burke, Director of Planning and Development, introduced himself followed by Bill Madan, Chairman of the Planning Board, David Archard, Assistant Town Engineer, and Dan Clifford, DPW Director. Next, Mr. Burke explained that the public hearing is a statutory requirement which must be followed during the street acceptance process and also stated that a recent policy was voted by the Planning Board consisting of three points: A. The Board will no longer support acceptance at Town Meeting of a portion of a sub- division roadway. B. All streets within an approved subdivision must be completed before any streets in the subdivision will be supported for acceptance. C. Not to support acceptance until all punch list items have been completed for one year prior to acceptance. After William Madan, Chairman of the Planning Board, explained the reason for the new policy voted by the Planning Board, Shaun Burke, Director of Planning and Development, went over the punch list items for each street proposed for acceptance, Planner Madan stated whether or not the Planning Board would be supporting the acceptance of the street, and resi- dents expressed their concerns as follows: Mystic Lane: Resident of 6 Mystic Lane expressed concern of a drainage problem in which water crosses Rt. 106 into their backyard. Mystic Lane will not be recommended for acceptance by the Planning Board because the development is phased and additional streets will be going into the development. Tracy Circle: Tracy Circle will not be recommended for acceptance by the Planning Board. Hugh Boyd, 70 Tracy Circle, stated that a Swale goes directly across his back yard and holds more water than the detention area and that there is standing water at all times. Dustin Court: Dustin Court will be recommended for acceptance by the Planning Board. Erick Road: Erick Road will be recommended for acceptance by the Planning Board. Longwood Circle and Jefferson Court: Both Longwood Circle and Jefferson Circle will not be recommended for acceptance by the Planning Board because the wearing course on both roadways has not been down for one year. Ed Marcheselli, developer, expressed concern over the new policy recently voted by the Plan- ning Board pertaining to requiring a wearing course being installed for one year prior to ac- ceptance. Mcagans Way: Meagans Way will not be recommended for acceptance by the Planning Board because the wearing course on the roadway has not been down for one year. Barnboard Road: Barnboard Road will not be recommended for acceptance by the Planning Board because the wearing course on the roadway has not been down for one year. Rosewood Court: Rosewood Court will not be recommended for acceptance by the Planning Board because the wearing course on the roadway has not been down for one year. Serena Allen Wa 3 Serena Allen Way will not be recommended for acceptance by the Planning Board because the wearing course on the roadway has not been down for one year. Donovan Lane: Donovan Lane will not be recommended for acceptance by the Planning Board because the wearing course on the roadway has not been down for one year. Kristine Gove, 7 Donovan Lane, stated that drainage has been a problem for her and several of her neighbors in the subdivision, as has street lighting. Anthony Sabatino, 15 Donovan Lane, stated that he has a problem with water at the end of his driveway. Also the water turns to ice in the winter causing a dangerous situation. Sturbridge Drive and Weaver Lane: Sturbridge Drive and Weaver Lane will not be recommended for acceptance by the Planning Board because of drainage problems. Ronald Hayden, 10 Weaver Lane stated that there is a continuous flow of water- in the street in front of his house. Christopher Baratta, 7 Sturbridge Drive, stated that there is an area of open water at the end of Sturbridge Drive. Monahan Lane Station 0 +0 to 11 +51.41: Monahan Lane will not be recommended for acceptance by the Planning Board because it is only partially complete. Ed McKillop, 15 Donovan Lane, stated that he has severe flooding on his property. Denise McKillop, 15 Donovan Lane, stated that one - quarter of an acre of her land is under water. Kevin Lavery, 42 Monahan Lane, expressed concern about water and stated that the detention area next to his lot is ten to twelve feet deepen and is not fenced in. Mike McCarthy, 19 Monahan Lane, stated that his back yard is partially flooded. Jim Day, 34 Monahan Lane, expressed concern regarding the lot adjacent o his stating that their are several health issues and also stated that water is eroding his back yard. David Polutchko, 26 Monahan Lane, expressed concern regarding speeding on Monahan Lane and asked if speed limit signs could be posted and asked what East Coast Development's in- tention is for Lot 44. Jeanie Smith of East Coast Development responded that a four lot subdivision plan was filed today for Lot 44. Bill Madan, Planning Board Chairman, stated that the planning Board does not have the authority to set speed limits in subdivisions. Eileen Day, 34 Monahan Lane, expressed concern regarding the affect four additional house lots will have on drainage within the subdivision. Corbane Drive: Corbane Drive will not be recommended for acceptance by the Planning Board because the subdivision roadway system is only partially complete. 51 Monahan Lane Station 11 +51.41 to 13 +14.20: Corbane Drive will not be recommended for acceptance by the Planning Board because the subdivision roadway system is only partially complete. Kevin Weinfeld developer of this roadway expressed concern that the road is not being recom- mended for acceptance because other streets still will be installed in the subdivision. The other streets are being built by different developers. Resident, 42 Monahan Lane, expressed appreciation that the Planning Board adopted new street acceptance policies. Trowbridge Lane: The Planning Board will be recommending the acceptance of Trowbridge Lane. Van Gernert Drive: The Planning Board will be recommending the acceptance of Van Gernert Drive. Robert Goldman, 7 Van Gernert Drive, stated that there has been additional berm damage in the cul -de -sac area, grass areas have been damaged from school busses turning around, and the school busses speed and turn around in the cul -de -sac. Ware Street: The Planning Board does not have a punch list for Ware Street. Robert Swanson, Town En- gineer, stated that the street would have to be accepted the way it currently exists; the street would have to be accepted in order for the sidewalk project to proceed. Dennis Dutra, 253 Ware Street, asked if Ware Street would be resurfaced when the sidewalks are installed and expressed concern of the speed on Ware Street now and the potential for in- creased speed if the road is resurfaced. Robyn Medeiros, 260 Ware Street, suggested that a three -way stop sign be installed at the Ware Street intersection with Canoe River Drive. John Frederickson, 275 Ware Street, expressed concern regarding the speed on Ware Street, the possibility of stonewalls being displaced during sidewalk installation, and drainage problems. Whitetail Lane: The Planning Board does not know if it will be recommending for or against the acceptance of Whitetail Lane yet because the off -site intersection improvements have not been resolved yet. Jay Brolin, 12 Whitetail Lane, stated that lie feels the School Street /Otis Street intersection is dangerous with or without Whitetail Lane, expressed concern over drainage issues, retention pond security, and a large puddle next to his house. Discussion followed among the Selectmen and the Planning Board concerning whether or not the Planning Board would be making recommendations on the Town Meeting floor, if there is any chance the Planning Board would withdraw the four streets they are now supporting for acceptance, giving copies of electric and water department punch lists to the Board of Selectmen in future years, requiring existing and proposed contours of lots on subdivision plans, and whether or not the Planning Board would change their recommendation to Town Meeting on a street if the developer completes all punch list items. Chairman Robinson closed the public hearing. 5 MOTION: To layout Mystic Lane, Tracy Circle, Dustin Court, Erick Road, Longwood Circle, Jefferson Road, Megaus Way, Barnboard Road, Rosewood Drive, Serena Allen Way, Donovan Lane, Sturbridge Drive, Weaver Lane, Monahan (' Lane, Corbane Drive, Monahan lane, Trowbridge Lane, Van Gernert Drive, Ware Street, and Whitetail Lane. (Ronald - Royle) All in favor. PASSES. 4. Old Business Town Manager Ash Property Well Site William Williams, Town Manager, asked Robert Swanson, Town Engineer, to clarify ques- tions concerning the urgency of the Ash Property water rate increase. Robert Swanson, Town Engineer, reviewed a memorandum from him tothe Town Manager dated March 24 regarding Ash Property Well Site development. Mr. Swanson also stated that the Town of Norton had a six -month moratorium on building permits because of a shortage of water and the developers are bringing suit against Norton because they need their permits. David Archard, Assistant Town Engineer, stated that he spoke with DEP and they told him that the Town could what ever they like as far as a water ban goes. Selectman Royle expressed her support for the development of the Ash property well site. William Williams, Town Manager, stated that he would like the Selectmen to support giving the Town Meeting a voice concerning this option so that the townspeople can be in control. Selectman Ronald stated that he is not in favor of increasing the water rates 5 percent a year for the next few years but that he does feel the voters should be given a chance to voice their opinion. Selectman Ronald also stated that lie would be interested in connecting to Sharon if the Town had to. Town Engineer Robert Swanson stated that he would investigate the idea. Selectman Pasquale expressed his support for the project. Selectman Penney asked questions regarding the fee increases, stated that he has a problem with a consultant telling the Town what to do when they will be the people doing the work, and stated that he also has a problem with the current residents paying for water for additional homes being built. Selectman Robinson stated that he would like the Town Meeting to decide what they want to spend their money on. Selectmen Selectman Penney stated that their is funding available for towns who would like to begin col- lecting waste oil and that the number to call to receive information is (617) 451 -2770. Selectman Penney also stated that he would like the drainlayers license regulations to be placed on a future agenda. Selectman Royle suggested sending a letter to the Planning Board asking them for their final recommendation on street acceptances. Chairman Robinson thanked all Town employees and the Town Manager for participating in a survey lie prepared for his thesis for his masters. 11 5. New Business Town Manager (' Special Town Meeting 1. Transfer of funds between departmental budget accounts for FY1994 SPONSOR: Board of Selectmen MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 2. Payment of unpaid bills from prior years SPONSOR: Board of Selectmen MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 3. Sale of West Mansfield Fire Station SPONSOR: Board of Selectmen MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 4. Sale of Mystic Club, Balcom Street SPONSOR: Board of Selectmen MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 5. Sale of John Berry School SPONSOR: Board of Selectmen MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 6. Sale of four residential lots in Balcom Ridge Estates SPONSOR: Board of Selectmen MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 7. Acceptance of provisions of Chapter 481 of the Acts of 1993 re: sale of liqueurs and cordials SPONSOR: Board of Selectmen MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 8. Expenditure not to exceed $6,857 for additional accreditation requirements (i.e., bleacher repair) SPONSOR: School Committee MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 9. Acceptance of Chapter 272, Section 73A MGL to allow removal of gravestones for repair and renovation SPONSOR: Park Commission Historical Commission MOTION: To support. (Pasquale - Royle) All in favor. PASSES. 7 10. Acceptance of Barnboard Road BY PETITION: John Riccio (Note: Has required signatures; must be put on warrant.) I it. Sale of parcel of land located on Assessor's Map 22 between Parcels 6 and 312 BY PETITION: Kelli Baker (Note: Has only ten certified signatures; up to Selectmen to put on warrant or not.) MOTION: To include in the Special Town Meeting Warrant. (Penney - Pasquale) All in favor. PASSES. 12. Request to increase lot size to 60,000 sq. ft. BY PETITION: Marydee Flynn (Note: Has only 33 certified signatures; up to Selectmen to put on warrant or not.) MOTION: To include in the Special Town Meeting Warrant. (Penney- Pasquale) All in favor. PASSES. Town Manager William Williams read a letter from Town Counsel dated March 28, 1994 con cerning Planning Board zoning articles aloud. MOTION: To open and close the Special Town Meeting for Article No. 39. (Pasquale - Royle) (4 -1) Selectman Penney opposed. PASSES. Airport Road Petitioned Articles MOTION: Not to include on the Special Town Meeting warrant because of the reasons stated in Town Counsel's letter dated February 8, 1993, Opinion No. 93 -04. (Royle- Pasquale) All in favor. PASSES. 6. Inprnment 10:30 P,M9 t re Date of Approval N