Loading...
HomeMy WebLinkAboutBOS EXEC. MINUTES 5-15-19961 BOARD OF SELECTMEN EXECUTIVE SESSION MINUTES May 15, 1996 7:00 PM �© �t��',i -'•C,i 4 jS Present: Chairman Madan, Clerk Mahana, and Selectmen Colella, Pasquale, and Robinson William F. Williams, Town Manager Robert Mangiaratti, Town Counsel Susan Jacobs, Town Counsel A. Open Air Parking Facility License - 875 South Main Street Town Counsel stated that he talked with the Building Inspector /Zoning Enforcement Officer concerning the open air parking facility license for 875 South Main Sheet. The Licensee has stated that he will not pave his parking lot, as he is required to do. Next, Attorney Mangiaratti summarized the history of the Great Woods Center for the Performing Arts unpaved parking area. A variance was granted waiving the paving requirement, but it was not recorded in a timely manner. The grant of the variance was appealed to the Building Inspector because it was not recorded. The Building Inspector denied the appeal and upheld the grant of the variance. The Building Inspector's decision was appealed to the Zoning Board of Appeals, who overturned the Building Inspector's decision. Great Woods Center for the Performing Arts appealed the Zoning Board's decision, and the issue is now pending in Land Court. The parking lot still is not paved. Attorney Mangiaratti requested direction from the Selectmen on how they would like him to proceed. The Board of Selectmen discussed the time frame for Land Court's decision and who the Selectmen should support. Attorney Mangiaratti offered an option of asking the new Zoning Board what their position is on the appeal, and if thew opinion is different than the previous Board's, a motion to dismiss could be filed along with the Building Inspector, Great Woods, and Zoning Board. A consensus of the Board of Selectmen was in favor of Town Counsel Mangiaratti writing a letter to the Zoning Board requesting to meet with them in executive session to discuss the issue. Chairman Madan should attend the executive session. in B. Eastleigh Estates Subdivision Attorney Mangiaratti stated that the Planning Board found the developer of the Eastleigh Estates subdivision in default and requested he bring suit against the developer to recover funds to complete the subdivision. The developers bond company is offering a considerably less amount of money than the Town has calculated to complete the subdivision. Town Counsel suggested if the bond company does not give all the money requested, the Town initiate suit. MOTION: To move forward (authorize Town Counsel to sue). (Pasquale - Mahana) All in favor. PASSES. C. Norton Estates Attorney Mangiaratti updated the Selectmen on the status of a case involving a parcel of land in Mansfield adjacent to Norton Estates. The parcel was taken by the Town in 1960; however, it is included in the deed description of land located in Norton, and taxes have been paid on the parcel. The Board of Assessors assessed the parcel at $24,800 but the person whose deed description the parcel is included in has offered $10,000. MOTION: To fight it. (Robinson - Pasquale) All in favor. PASSES. D. Jameson Court Attorney Mangiaratti stated that Attorney Fiddler would like the Board of Selectmen to sign an assent that the Town discontinue the cart path located within the Jameson Court subdivision. Attorney Mangiaratti stated that he feels this action would be consistent with the vote at Town Meeting. MOTION: To sign. (Pasquale- Robinson) All in favor. PASSES. E. Ware Street Sidewalks Town Counsel Mangiaratti stated that the resident of 81 Ware Street used the portion of Ware Street in front of his home as a private parking lot. A portion of his lot was taken by the Town for installation of a sidewalk on Ware Street, and he was given $200 for the taking. The resident filed suit against the Town of Mansfield for additional damages. A consensus of the Board of Selectmen was in favor of Town Counsel continuing to defend the case. F. Ash Property Attorney Mangiaratti gave an update on the Ash Property case. The damages are now being assessed for water vs. the prior assessment. A consensus of the Board of Selectmen was in favor of holding an executive session with Attorney Dalton, Special Counsel for this case, and Attorney Mangiaratti, after they have a meeting between them. G. Elected Officials Serving as Voting Members on Additional Town Boards /Committees Members of the Board of Selectmen questioned Attorney Mangiaratti about any possible Boards and Committee the Selectmen may still serve on. Following a quick review of the Charter, Attorney Mangiaratti responded that it would include service on all other Boards and Committees. At 7:55 PM, Chairman Madan polled the Selectmen to go out of executive session: Selectman Colella - Aye. Selectman Robinson - Aye. Clerk Mahana - Aye. Selectman Pasquale - Aye. Chairman Madan - Aye. Clerk's Signature Date Approved Date Released