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HomeMy WebLinkAboutBOS EXEC. MINUTES 4-14-1999i Board of Selectmen Executive Session Minutes April 14, 1999 6:30 PM ,. Present: Chairwoman Royle, Clerk Wills, Selectmen Amoroso and McCarter. Robert Mangiaratti, Town Counsel Mark Roberts, Special Counsel Shaun Burke, Director of Planning and Development Attorney Mangiaratti introduced Attorney Roberts who prepared and filed a Notice of Intention to Appeal the Certificate of Compliance issued by MEPA to Great Waves to preserve the town's appeal rights. Mr. Roberts gave an evaluation of the Intent, the Town's prospects, and ways to exert pressure on the project. Three major issues are: traffic, water, and conservation and noise. If the Town is successful with the appeal, the proponent will have to address all unresolved issues, which will require additional investigation and will slow down the process allowing more time for the town to deal with other issues. Attorney Roberts stated that he cannot guarantee winning the appeal but that it will give the town great leverage with the proponent and will tie the Mepa process up in court for eighteen months, easily. It appears that the proponent monitored only one of the two exits at the New Hampshire Water Country site. If the second entrance is monitored and there is a substantial difference in the counts submitted by Great Waves, Mass Highway may force the proponent to conduct a more in depth investigation. Attorney Roberts suggested the following: 1. Hire someone to review Section 4.1 of the FEIR for the accuracy of the vehicle counts and whether or not bus loads where included. 2. Hire someone to conduct a traffic analysis rather than the proponent, which is more expansive. Proposals could be requested at no cost to determine the cost of the study. 3. Request a meeting with EOEA to discuss a cumulative impact analysis. Although Great Waves would be grandfathered, the Board may find additional information that could be submitted to Mass Highway for consideration when reviewing permit applications. 4. If the number of parking spaces changes significantly, the proponent will need to file a Notice of Project Change with Mepa. Great Waves overlooked peak water use during the day opposed to peak daily use during the season. It was assumed that the two wells would be on line, a water withdrawal permit increase granted, and that no restrictions issued by the interbasin transfer. The Town may not want to permit any project coming to town, above a certain capacity. A threshold could be placed on the number of houses consistent with the number of houses developed. The danger with a moratorium is if the project comes to town that the town would like on line, it would be subject to the moratorium as well. If the town files for permits slowly, Great Waves could sue the town forcing the town to speed up. FATLPVAM41499ex.doc Page l of 3 Conservation and noise issues are more difficult to address. The different types of noise have not been reviewed, i.e. continuous noise vs. bursts, which could be raised. The project will interfere with the connection of conservation lands and an unimpeded transient for wildlife. The town must look at each approval required for the project. The key issue is the traffic study. If both the Tweeter Center and Great Waves are operating on the same day, the traffic situation will be a nightmare. A suggestion may be to grant the permits only if Great Waves shuts down during major concerts. Attorney Mangiaratti suggested that it sounds as if the best way to stop the project is to try to stop issuance of the curb cut permit by Mass Highway and that the Board may want to think about directing efforts towards traffic. Attorney Roberts responded once the Notice of Intent is filed, the town can set up an informal meeting with Mass Highway to review Mansfield's concerns. Selectman Amoruso stated the Great Waves FEIR references "greater than 60 second" stop times and asked if the Town could pursue the actual times. Attorney Roberts responded that the Town could ask Mass Highway to provide the information but that they may ask the Town to prove that the information is inaccurate. Chairwoman Royle inquired of the cost to hire a traffic engineer. Attorney Roberts suggested requesting proposals from three consultants; the cost could easily run $30,000 to $40,000 or as high as $100,000 to computerize the report. It may only cost $5,000 - $10,000 to look at count issues. Attorney Roberts stated the suit appealing the Mepa certificate must be filed within sixty days of April 12, 1999. Selectman McCarter commented that he does not want to get caught up in a frivolous case if the Town decides not to move forward and asked if State agencies may issue permits to Great Waves with the intent to appeal pending (No). Selectman McCarter also asked if the applicant could be precluded from moving forward on the local level with the intent pending (No). Lastly, Selectman McCarter asked if the proponent had filed a building permit application. Selectman Amoruso stated it is obvious that the water pressure will not be good for Great Woods or Great Waves and asked if the Town could require a capital charge payment from Great Waves and that they may hook up to the water whenever they want to but that they cannot cut into the road. Town Manager D'Agostino added that the adjacent residences; water pressure will also be affected, as may fire flow pressure in the area. Selectman Amoroso commented that he does not want the road dug up for the connection during the Great Woods season. Attorney Roberts commented that he is not sure the Town would have the authority to deny their cutting into the road to increase the water line, especially if the proponent is willing to pay for it. The Town may have the authority to require them to extend the line further. Attorney Mangiaratti and Town Manager D'Agostino will discuss the water moratorium issue with Doug Reed, Woodard & Curran. FATLP \bnN \41499ex.doc Page 2 of 3 Selectman McCarter asked if Attorney Roberts gets involved in zoning issues and if the Selectmen could appeal the Building Inspector's decision to the Zoning Board. Mr. ( D'Agostino responded that he feels doing so may cause a great deal of confusion, and Town Counsel responded that residents may do so. Mr. Burke asked if the Selectmen direct Attorney Roberts to retain a traffic consultant if the Planning Board could use the information. Attorney Roberts responded in the affirmative and that the Town could retain a consultant and whoever wants to use the consultant may. Mr. Burke stated that he wants to be sure he is not dealing with a prejudicial issue with the Special Permit and suggested the Board get started with the study soon. Motion: To direct the Town Manager to work with Town Counsel to prepare a Request for Proposals for traffic studies dealing the Great Waves project. (Amoruso- Wills) Roll call vote unanimously in favor. Passes. The Selectmen will be given a copy of the RFP prior to it being issued Motion: To authorize the Town Manger to contact EOEA to initiate a cumulative study of the area pursuant to the Mepa regulations. (Amoruso- Wills) Roll call vote unanimously in favor. Passes. Motion: To authorize the Town Manager and Town Counsel get in touch with Mass Highway to discuss the curbcut issue regarding Great Waves. (McCarter - Wills) Roll call vote unanimously in favor. Passes. Attorney Roberts stated he will need direction from the Selectmen within the next couple of weeks, $4,500 has been expended so far, and the cost to file the complaint will not be nearly as much as the Notice of Intent. Clerk Wills stated he feels the Board should invite Dick Samuels, proponent, to talk to the Selectmen and that both views should be taken into consideration, both residents in support and opposed to the project. 7:45 PM Adjournment to Open Session Motion: To go out of executive and return to open session. (McCarter -Wills) All in favor. Passes Selectman McCarter Aye. Selectman Amoruso Aye. Clerk Wills Aye. &w4cirrwwolnan., I le Aye. l ( G8 Clerk's *nature Date ofAp roval Date of Release P:1TL NRA41499ex.doc Page 3 of 3