HomeMy WebLinkAboutBOS EXEC. MINUTES 10-6-1999Board of Selectmen
Executive Session
Minutes
October 6, 1999
7:30 PM
Special Counsel Mark Roberts and Town Counsel Robert Mangiaratti were present for
this executive session.
Chairwoman Royle requested Attorney Robert's opinion regarding Town Counsel and
the Town Manager talking with the Great Waves proponents regarding mitigating issues
and negotiating items for the Town.
Attorney distributed two reports for the Selectmen to review:
• A June 21, 1999, critique of Great Waves traffic analysis completed by the Town's
traffic consultant Howard Stein Hudson.
• A September 27, 1999, memorandum from Aileen Maquire, Howard Stein Hudson,
summarizing traffic counts conducted at the Tweeter Center and Water Country
facilities.
The traffic counts conducted by Howard Stein reflect the peak travel times for the
( Tweeter Center Jimmy Buffet and Lilith Fair concerts between 3pm — 4pm. Great
Waves' FIR states the peak traffic time is between 5 -6pm. The information provided by
Howard Stein Hudson's report shows if Great Waves closes at 3:30pm, it will result in a
traffic problem. Great Waves should close earlier than the peak travel time, 2pm not
3pm.
The Labor Day counts at Water Country in New Hampshire were low; however, it was
confirmed that two driveways are used, rather than the one stated in the EIR.
Attorney Roberts will draft a memorandum for Aileen to bullet the significant issues
learned with the traffic counts.
Attorney Roberts reported if the Town is successful with the appeal, MEPA will only
require Great Waves to complete the environmental impact report correctly.
Attorney Roberts stated throughout the entire MEPA process the proponents did not
indicate that there would be additional phases for the project, but during their meeting
with Mansfield's residents in August, the proponents stated that the present phase is only
the first. This may require a Notice of Significant Project Change or could be used in
litigation. Attorney Roberts stated he thinks he would like to use this information in
litigation but that he would provide a written recommendation to the Selectmen. When
informed that Great Waves submitted a Phase 2 application to the Conservation
Commission, Attorney Roberts requested a copy.
In response to Chairwoman Royle's inquiry concerning discussion with Great Waves
proponents, Attorney Roberts stated that the Town would want to start discussions at
some point. At this stage, during discussions, the Town should ask
• What Great Waves will bring to Mansfield.
• Great Waves to address the MEPA -- water, traffic, noise, conservation. What will be
done to address the issues, directly mitigate them, or be provided to the Town to
make the impacts tolerable?
• Great Waves to provide additional information the Town would still like to see —
water information, noise analysis. The Selectmen could request lists from citizens
groups on information they would like submitted. (Attorney Roberts will put together
a list of information that could he requested)
Town Manager D'Agostino commented that another issue might be Great Waves' need
for a direct electrical connection, which may require running a dedicated line. The Town
may not be able to supply a dedicated line for their needs. The Light Department
Director, Jack Beliveau, wrote a letter to Mr. Samuels regarding Great Waves needs, but
has yet to receive a response. Attorney Roberts requested a copy of the letter from Mr.
Beliveau with the specifics, to which Mr. D'Agostino responded he would request Mr.
Beliveau contact him. The Selectmen would also like a copy of Mr. Beliveau's letter if
it exists.
Town Counsel Mangiaratti reported that he and the Zoning Enforcement Officer have
been discussing requiring a Special Permit for the project as opposed to requiring only
Site Plan Review. The Special Permit could not be denied and the process would be
equivalent to the Site Plan Review process. When asked by Chairwoman Royle if the
proponent could sue the Town for requiring a Special Permit, Attorney Mangiaratti
responded that it would be hard to sue and that he does not feel the Town would be
subject to the liability.
Adjourmuent 8:45 PM
Motion: To adjourn executive session and return to open session.
(Wills - Robinson) Clerk Wills Aye; Selectman Amoroso Aye; Selectman
Robinson Aye; Selectman McCarter Aye; and Chairwoman Royle Aye.
Clerk's Sign dtzn e Date ofApf4-ov
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