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HomeMy WebLinkAboutSELECTMENminutes11172010 Town of Mansfield Board of Selectmen Minutes of November 17, 2010 Present: Chairman Kevin Moran, Vice Chairman George Dentino, Clerk Douglas Annino, Selectman Jess Aptowitz, Selectman Olivier Kozlowski, William Ross, Town Manager Absent: Executive Session Chairman Moran announced the Board of Selectmen will be adjourning to executive session to discuss contract negotiations with union personnel and other related developments. Motion: To adjourn to executive session to discuss contract negotiations with union personnel. (Kozlowski/ Annino) 5:0 passes Roll call: Chairman Kevin Moran aye, Vice Chairman George Dentino aye, Clerk Douglas Annino aye, Selectman Jess Aptowitz aye, Selectman Olivier Kozlowski aye 5:0 passes Hatheway Patterson reuse discussion Kevin Kemp, Chairman, Park and Recreation Commission, and Kevin Kemp, Youth Soccer are present to discuss the possible reuse of the Hatheway Patterson property for recreational use. Youth soccer groups have been displaced from their former field space. They are looking for temporary space (2-3 years) now while they continue to look for a more permanent situation. As such, they are looking to the Board of Selectmen to allow them to use the above mentioned property. There is a small parking area on County St. adjacent to a field area that could be utilized for youth soccer use. Leonard Flynn, NRT representative, spoke about the recreation use of this property vs. industrial use. Motion: To authorize Mr. Ross to work with the Recreation Dept. and DPW Dept. in staking out a field. (Aptowitz/Kozlowski) 5:0 passes Board of Selectmen Minutes of November 17. 2010 Denise Anderson class II auto I icense request Atty. Rich Hucksam, Town Counsel is present for discussion to advise the Board of Selectmen in any decision they may make. Ms. Anderson is not able to make meeting due to illness. However, her husband Jeff Margolin is present for discussion. Selectmen Aptowitz and Kozlowski asked Atty. Hucksam several questions, such as: Can the Board place a restriction on the license that no motor vehicles will be stored, displayed or otherwise placed on the licensed property? Atty. Hucksman stated that M.G.L. c.140, Section 59 reads that licensing authorities in towns may grant licenses under this section which shall expire on January first following the date of issue unless sooner revoked. No such license shall be granted unless the licensing board or officer is satisfied from an investigation of the facts stated in the application and any other information which they may require of the applicant, that he is a proper person to engage in the business specified in section fifty-eight in the classifications for which he has applied, that said business is or will be his principal business, and that he has available a place of business suitable for the purpose. The license shall specify all the premises to be occupied by the licensee for the purpose of carrying on the licensed business. The facts you have provided us indicate that the used vehicles to be sold would be located at some other location, in a different town. In our opinion, M.G.L. c.140, Section 59 as quoted above requires the licensing authority to make a finding that the applicant has available a place of business suitable for the purpose of carrying on the licensed business. In addition, M.G.L. c.140, Section 59 requires that the license specify all the premises to be occupied by the licensee for the purpose of carrying on the licensed business. Therefore, in our opinion based upon the facts you have provided us, the Board may not grant the applicant a Class 2 license with a restriction on the license that no motor vehicles will be stored, displayed or otherwise placed on the licensed property. Question 2 Can the Board place a restriction on the license that the license is limited to the not for profit corporation to which the license is issued? Answer 2 Yes, in our opinion. Boord of Selectmen Minutes of November 17, 2010 2 Question 3 To what extent would a decision to approve this license impact the ability of the Board to utilize discretion in considering other applications for licenses for home occupations from other parties? Answer 3 In our opinion, a decision by the Board to grant this license could have "precedential" effect only if the Board received a license application based upon facts which were the same or very similar to the facts involved in this application. However, in our opinion, the Board could not deny a similar application solely on the basis that the applicant was a for profit business rather than a charity. Selectman Annino disclosed that he also lives on Tremont St. (which Ms. Anderson does) Atty. Hucksam stated that from a pure legal stand point, he would advise the board to deny the license. However, since the board is inclined to grant a license, he would advise them to put restrictions on the license. (such as no cars on the premises). Selectman Dentino stated that while the board would like to grant the license, he is uncomfortable with it as the license has provisions in it that the applicant can not comply with. Motion: To grant class II license with the restriction of no cars on the property. (Aptowitz) no second. motion fails. Chairman Moran stated that while the Board of Selectmen would like to help the family as much as they can, they cannot in good faith, grant a class II license for this location. Q&C Karl Clemmey, Essex St. He would like to know when the Board of Selectmen will be discussing the down town parking situation again. Mr. Ross stated that they will be most likely discussing it again the next meeting. Bill Clemmey, Essex St. He asked the board for a recap of what they decided for reuse with the Hatheway Patterson property. Chairman Moran stated that the recreation dept. would like temporary use of a small part of the property and they are looking into that possibility. Mr. Clemmey stated that they are adjacent property owners and they are getting solicitations from businesses that want to be in that area. Mr. Ross will be meeting with Board of Selectmen Minutes of November 17, 2010 3 the MBTA on train station parking issues and will consult with Mr. Clemmey as well on their plans for the area. Haunted Hallows follow up report Janine Rose, Pat Colbert and Trisha McLoughlin are present to given report to the board. Additional members are Tom & Ben Yeransian, Russell Rose, John Colbert, Gregory Rose, Connor and Michael McLoughlin, Mary Colbert, BJ Chancey, Matt Medeiros, Sean & Matt Lambert, Marc Thomas, Megan Pillsbury and Colleen McCune. In its third year, the Haunted Hallows Event enjoyed great success. Once again, the community came out in these difficult economic times and enjoyed fun evenings. The Haunted Hallows Committee is grateful for the support and leadership shown by the Town of Mansfield and Town Manager. Their continued support along with the MMED, DPW and other local businesses made it possible for this event to succeed. After all expenses were paid they were still able to donate $10,000 to the animal shelter fund. All the Board of Selectmen are very impressed with a job well done from all the board members. Weekly Business Warrant No. 11020T in the amount of $151,493.56 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11020E in the amount of $94,377.33 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11020S in the amount of $279,780.63 Motion: To approve. (Aptowitz/Kozlowski) 4:0:1 passes (Dentino abstain) Warrant No. 11020PT in the amount of $259,172.35 Motion: To approve. (Aptowitz/Kozlowski) 4:0:1 passes (Dentino abstain) Warrant No. 11020TV in the amount of $75,960.06 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Warrant No. 11020SV in the amount of $67.90 Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes Board of Selectmen Minutes of November 17, 2010 4 . Board of Selectmen meeting minutes of November 10, 2010 Motion: hold for next week. · Live Entertainment weekdays application, Asia Grill and Sushi Motion: To approve. (Aptowitz/Kozlowski) 5:0 passes . Common Victualler license, COA (fee waiver requested) Motion: to approve. (Aptowitz/Kozlowski) 5:0 passes Correspondence · Letter from William Pascucci, Regent Cate, requesting an early opening of 8am to serve alcohol on Thanksgiving. Motion: To approve early opening request of 8am on Thanksgiving day. (Aptowitz/Kozlowski) 5:0 passes . Thank letter from Donna Harrington for everyone's help on the Sr. leaf raking project. · Letter of invitation from the Boy Scouts for their December 4th flag retirement ceremony on the South Common. Selectman Dentino stated that in the past it had been at Canoe River Campground as they already have fire pits. . letter from Democratic Town Committee thanking Town Clerk Helen Christian and staff for all their assistance in meeting with them. (In preparation for the Nov 2nd elections) Town Managers Report · The new ambulance needs to be put into active service sooner than expected as the old one is broken and not worth fixing so close to the delivery of the new one. Motion: To approve expenditure on warrant. (Aptowitz/Kozlowski) 5:0 passes . Request to move MMED meeting from December 6th to the 13th. · Request from Selectman Dentino for more information on the Mullen Group's work in town is in the bos room for reading. Boord of Selectmen Minutes of November 17, 2010 5 BOS Updates . Selectman Kozlowski: Comcast Center license meeting was postponed but will be rescheduled. He will also be meeting with MIS staff to discuss further website development. Fales Oil property was cleaned up recently. However, the building will not come down until funds are available. · Selectman Aptowitz: Mill St. dam reconstruction came out very well. Flag pole prep work will begin soon. Tax classification hearing will be on the next meeting for December 1'1. . Selectman Annino: None · Selectman Dentino: In review of the warrants, he noticed that many more employees have submitted expenses for foot wear. Mr. Ross has discussed with dept. heads. However, Selectman Dentino is against the use of a "clothing" allowance vs. a uniform allowance. · Chairman Moran: Yes, the tax classification hearing is next meeting so please review your materials. The board will need to have a workshop soon to further discuss Hatheway Patterson reuse plans. Adjournment Motion: Adjourn at 9:38pm (Aptowitz) 5:0 passes <J3OUfJ'k-l;: ~ Signature of Clerk <J3~~ I, 2(//(/ Date of Approval Board of Selectmen Minutes of November 17, 2010 6