HomeMy WebLinkAboutmin brd of selectmen 07/06/2005
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Present:
Town of Mansfield
Board of Selectmen 05 JUL 2 I AM 10: 39
Minutes of July 6, 2005 '! J; " : ;,," i r" L .",
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MASS,t\CHIISETTS
Vice Chairman Bernard Dolan, Selectman Louis Amoruso, Selectman MlcnaeT
McCue and Selectman David McCarter
Town Manager John 0' Agostino
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The Board of Selectmen's meeting was called to order by Acting Chairman Bernard Dolan at
7:30 p.m., followed by the Pledge of Allegiance.
In attendance: Bruce Montgomery, General Manager, Tweeter Center for the Performing Arts
Mr. Montgomery stated that he came tonight in response to the letter the Board sent regarding
the two minute overage for the Stevie NicksfDon Henley concert on June 8, 2005. He noted
added that they had received notification early on that the artists wanted to go until
r 11:20/11:30pm, but further added that everyone is working hard to make sure that the concerts
end on time. He said that Don Henley cut two songs from the encore and finished two minutes
past eleven.
Selectman McCarter asked about the feasibility of starting concerts earlier. Mr. Montgomery
noted that in this instance, they didn't start earlier because of darkness and lighting issues, but
added that concert times do change after they have been posted. Mr. Montgomery added that
he is not contesting the overage.
Selectman McCue said if there is a pattern of overages, he would change his opinion, but this is
the first overage that we have discussed. He takes Bruce's word that things are done to avoid
overages and added that he is not in position to levy the fine.
Selectman Amoruso said that it is sort of a tradition to allow the first one to slide if it is only a
few minutes. He is not inclined to ask for the fine for this instance.
Motion: Not levy the fine for this first offense
(Amoruso - McCue) 4-0 Passes
Selectman McCarter noted that an effort was made to end it before 11:00pm.
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Selectman McCarter read the public hearing notice from the June 20th edition of The Sun
Chronicle.
Motion: To open the public hearing at 8:30pm
(McCarter - McCue) 4-0 Passes
Present: Attorney Paul Kennedy, representing Touma Inc., dba Family Food Mart; and Mr.
Raafat Touma, Family Food Mart
Attorney Kennedy began by saying that Mr. Touma is seeking a beer and wine license for the
Family Food Mart, located at 660 East Street. He noted that the nature of the convenience store
is changing - the customer is looking for convenience. He noted that East Mansfield, East
Foxboro, and Easton are growing fast. Mr. Touma is trying to increase his customer base.
Attorney Kennedy said that the beer and wine would be on the far right wall and would only
be one aisle. He added that Mr. Touma is trying to change with the times and has made
arrangements for his staff to take TIPS training and will sell the beer and wine at the
appropriate times. Attorney Kennedy concluded by saying that they do not feel that this is an
inappropriate request.
r Selectman McCarter asked if the name of the store will stay the same after and the response was
yes, it will remain Family Food Mart.
Acting Chairman Dolan noted that a lot of the employees are young and Mr. Touma said that
he would need to hire new employees to make sure that someone is of legal age.
Selectman McCarter asked if people go into the store looking for beer and wine now. Mr.
Touma replied yes - people do ask. He added that East Mansfield has grown and believes that
there is a need. He added that he knows there is a license available and would hate to waste the
opportunity.
Selectman McCue noted that in some cases, beer and wine has taken over the stock in other
convenience stores. He noted his concern that he doesn't want another liquor store there. Mr.
Touma noted that he wants to add beer and wine to his convenience store - it will not change
the way he serves as a convenience store. He doesn't want to switch his business completely to
a liquor store. Attorney Kennedy added that Mr. Touma wants to remain competitive.
Selectman Amoruso said that he has received numerous calls about this at home. His concern is
with the number of youths hanging out in that area - the pizza shop and video store is a
popular hangout in East Mansfield. Mr. Touma replied that the beer and wine would be a
visible/secure area and also noted that kids hang out at Tedeschi's, as there is a video store there
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as well. He noted that they check for IDs and are responsible and professional. He added that
they don't allow inappropriate behavior in the store.
Selectman McCarter said that it is no surprise that there is a liquor store next door and asked
why the Board should grant them this license. Attorney Kennedy said that they would be
selling the beer and wine as an adjunct and noted that Bristol Liquors sells Lottery, milk,
cigarettes. Mr. Touma said that Family Food Mart does not want to compete with Bristol
Liquors; it wants to compete with other convenience stores. He added that competition is fair
game. Attorney Kennedy said that Family Food Mart won't have the same crowd as those at
Bristol Liquors.
John Pesce 16 Essex Street
Has lived in Mansfield for 16 years and cannot see why we need another beer and wine store
within 100 yards of another store. He doesn't believe it makes sense to have two stores so close
to each other. Commented that there are a lot of children in the area at the video store and
pizza shop. He also noted that the parking lot is congested.
Mr. Touma noted that Bristol Liquors used to be in the same building as Family Food Mart is now.
Peter DeTrolio, 496 Elm Street
Told the Board that just because the town has a license in hand doesn't mean that they have to
r issue it. He feels that the Board would be 100% wrong if the Board issued a license. Bristol
Liquors has been in business for 25 years and noted that the owner of Bristol Liquors said that
his customer is the 6-packer - it is profitable. He doesn't think that two stores need to be selling
beer so close together. Acting Chairman Dolan brought up the issue of two drug stores next door to
each other. Discussion ensued about the location of other liquor stores in the town. Mr. DeTrolio
said that he believes the issuance of this license would hurt a business that has been there for 25
years.
Phil Aldo, 804 Ware Street
Talked about the character of the plaza - the liquor store is separate from the video store, where
a lot of children congregate. He added that the line of traffic is defined with the liquor store.
Acting Chairman Dolan commented that he is looking at it as a convenience store - he doesn't think that
this is a destination point to buy all of your liquor and added that the price of the beer and wine would be
cheaper at the liquor store anyway. Acting Chairman Dolan also said that the parking lot is bad enough
now. Mr. Aldo said that the character of the plaza will change. Selectman McCarter noted that
there is a similar issue with the Blockbuster and the Tedeschi's further down Route 106.
Ronald Buck, Stearns Avenue
Commented that it is 210 ft. from one store to the other and noted that everyone is trying to
make a buck - both Mr. Touma and Mr. DiMarzio. He noted that East Mansfield is small and
not big enough for two package stores. He told the Board that you don't have to give out the
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Board of Selectmen Minutes of July 6, 2005
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David Kulick, 30 Marjac Way
Lives in East Mansfield and said that his main concern is the enforcement issue. He would use
get the Board to not issue the license and doesn't see the need for another store so close to an
existing store. He added that it would be a slap in the face to Bristol Liquors.
Motion: Open Bertucci's public hearing at 8:55pm and continue it after the conclusion of this
hearing
(Amoruso - McCue) 4-0 Passes
Dave DiMarzio, 120 College Road, Bridgewater, MA & Owner of Bristol Liquors
Has copies of a petition that he handed out to the Board. He agrees with everything that has
been said so far. He added the issue of the parking. The liquor store has 13 parking spaces and
some of them are considered common parking - a lot of customers from the stores park in his
lot. He noted that liquor licenses are issued based on public need - he doesn't believe that there
is the need for another license in this area.
Attorney Kennedy said that Mr. Touma has collected 247 names on a petition that says that
disagrees with what the other speakers have said. Attorney Kennedy noted that Mr. Touma is
going to live up to the rules and regulations of the ABCC. Mr. Touma said that the population
has increased in E. Mansfield, Foxboro, Easton. He noted that Mr. DiMarzio has loyal
r customers and isn't looking to take away from his business. Mr. Touma said that the area is
getting congested and someone will eventually do something there -like a bank, another
convenience store, liquor store, etc. Mr. Touma presented his own petition.
Mr. DiMarzio noted that his petition has all registered voters, 21 years old.
Karen Bregnard, 330 Ware Street
Has two teenage boys - she is here to support Bristol Liquors - she likes the food mart the way
it is. She feels that Bristol Liquors will lose a lot of business.
Motion: To close the Family Food Mart public hearing at 9:07pm
I (McCue - Amoruso) 4-0 Passes
Selectman McCarter noted that there are a lot of issues and competition is good. He
acknowledged that the two stores are located near each other and said that there is no defining
standard as to how far apart stores should be.
Motion: To approve wine and malt license for Family Food Mart
(McCarter - Amoruso) for discussion
Selectman Amoruso said that he is not persuaded by the competition argument and said that he
is concerned about the need. He noted that he lives in West Mansfield and said that there was a
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liquor license granted near where he lives and that he is not in favor of convenience stores
having liquor licenses.
Selectman McCue said that he doesn't believe that it is the Board's responsibility to protect a
business. He believes that Mr. Touma would handle the license appropriately and that his
decision is not a reflection on Mr. Touma. He doesn't believe that there is a need in that area.
Mr. Touma commented that he is trying to compete with other convenience stores. Selectman McCarter
noted that there is a difference between the two licenses - one store has a full liquor license
while Family Food Mart is applying for a beer and wine license.
Acting Chairman Dolan said that it is his inclination to wait for a decision until the full Board is
here. The Town Manager said that the Board would need to open the hearing again and
continue it to a date-specific time when the full Board is here. Acting Chairman Dolan asked
Selectman McCarter if he is willing to withdraw his motion.
The Town Manager suggested that the Board may want to schedule yet another public hearing
to handle this. Mr. DeTrolio said that if there is a 2-2 vote, that is a denial but that Mr. Touma can
appeal to the ABCC and the ABCC can return it to the Board with a recommendation and the Board can
take action at that time. He added that the ABCC has written against issuing licenses in this same
situation.
r Selectman McCarter said that it is unfair for Chairman Achille to vote on a public hearing that
he was not present for - this was an advertised public hearing and we have heard comment.
Attorney Kennedy said that if it is denied on a tie vote, they will appeal. Selectman McCue said
that he wants to do it correctly.
Motion: Not vote until after the Board handles the Bertucci's license change
(Amoruso - McCue) 3-1 Passes (with Selectman McCarter opposed)
Bertucci's public hearing was re-opened at 9:24pm. Selectman McCarter read the public hearing
notice from the June 20th edition of The Sun Chronicle.
Present: Timothy Mitchelson, attorney from Kevin M. Considine, P.c., Counselors at Law-
Attorney for Bertucci's.
Attorney Mitchelson noted that there has been a regime change. The ABCC has already
approved this but they need to get specific approval from the local licensing authorities.
Selectman Amoruso noted that the licensee will change the name. Selectman McCue asked if
they are franchises and Attorney Mitchelson replied yes.
r Acting Chairman Dolan asked for public comment; there was none
Board of Selectmen Minutes of July 6, 2005
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Motion: To close the public hearing at 9:28pm
(Amoruso - McCarter) 4-0 Passes
Motion: To approve the changes in the Bertucci's license
(McCue - Amoruso) 4-0 Passes
The Town Manager said that since the Board closed the public hearing, he believes the Board
should take a vote and if need be, Family Food Mart can appeal to the ABCC. Acting Chairman
Dolan noted that it is not fair to the Selectman who was not here
Vote on motion by Selectman McCarter and seconded by Selectman Amoroso:
2-2 Fails (with Selectman McCarter and Acting Chairman Dolan voting for the granting of
the license and Selectman Amoruso and Selectman McCue voting against granting the license)
Motion: To go into Executive Session at 9:30 pm for the purpose of discussing pending
litigation and to return to open session at the conclusion of the discussion.
(McCue - Amoruso)
Roll Call Vote: Amoruso, aye; Dolan, aye; McCue, aye; McCarter, aye.
r All in favor 4-0 Passes
. Warrant No. 53 in the amount of $2,714,673.95
Motion: To approve
(Amoruso - McCue) 4-0 Passes
. Warrant No. 54 in the amount of $1,185,939.44
Motion: To approve
(Amoruso - McCue) 4-0 Passes
. Warrant No.1 in the amount of $1,330,463.63
Motion: To approve
(Amoruso - McCue) 4-0 Passes
. Warrant No.2 in the amount of $724,352.12
Motion: To approve
(Amoruso - McCue) 4-0 Passes
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· Minutes of Regular Session June 22, 2005 Selectmen's Meeting
Motion: To approve
(McCue - Amoruso) 4-0 Passes
· Re-vote/re-nomination of David Rapoza and Daniel Donovan as Associate Members of the
Zoning Board of Appeals
Motion: To appoint David Rapoza as an Associate Member of the Zoning Board of Appeals for
a term to end on January 1, 2006
(Amoruso - McCue) 4-0 Passes
Motion: To appoint Dan Donovan as an Associate Member of the Zoning Board of Appeals for
a term to end on January 1, 2008
(Amoruso - McCue) 4-0 Passes
· Letter from Southeastern Regional Vocational-Technical School to Town Treasurer Richard
Boucher regarding the FY06 assessment.
· Letter from Comcast Manager of Government and Community Relations Nancy Leonardo
announcing that Selma Naidjate, a senior at MHS, is a recipient of the Comcast Foundation's
Leaders and Achievers Scholarship Program.
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· Letter from Police Chief Arthur O'Neill regarding the Catman Cafe.
· Memorandum from Finance Committee Chair Andy Gazzolo regarding the five-year
forecast.
· Memorandum from Finance Committee Chair Andy Gazzolo regarding the Selectmen's
appointment to the Consolidation Committee.
The Town Manager said that the Chairman will need to appoint someone when he returns for
the next meeting.
· Memorandum from Town Manager John D'Agostino regarding Samsonite Corporate
Headquarters.
· Letter from Town Manager John D'Agostino to State Senator Jim Timilty requesting an
update on the home rule petition relative to the Mansfield Housing Corporation.
· Memorandum from Town Manager John D'Agostino regarding the Governor's press release
on union contract approval by the town's legislative body and the use of the municipal
stability factor to gauge union salary increases.
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r · Letter from Town Manager John D'Agostino to Robert DeRusha, VP of Finance for Rolf
Hagen Corp. regarding Rolf Hagen's outstanding electric bill at their former facility at 50
Hampden Rd.
. Letter from Town Manager John D'Agostino to Mark Iampietro of Spherics regarding tax
incentives.
. Letter from Roland Benoit announcing his resignation from the Fair Housing and Mansfield
Housing Partnership Committees.
Motion: To accept Roland Benoit's resignation and send letter of appreciation
(Amoruso - McCarter) 4-0 Passes
. Letter from the Executive Office of Environmental Affairs regarding the FY06 Drinking
Water Supply Protection Program Grant Announcement.
. Memo from the State Ethics Commission regarding special municipal employees -
designation and restrictions.
. Letter from the Office of Commonwealth Development regarding the FY06 round of
Commonwealth Capital grants and loan programs.
r . Letter from Marsha Greeley of Colonial Drive asking for permission to close Colonial Drive
between Pilgrim and Old North Trail beginning from 1:00pm to 8:00pm on Saturday, July
16th for a block party.
Motion: To approve block party subject to stipulations by Police and Fire
(Amoruso - McCue) 4-0 Passes
. Letter from Ed Rosenberg of the Elks notifying the Board that they will be holding a TIPS
class on Wednesday, July 20th at the Lodge. The class will be taught by Campbell-Trent and
begins at 6:00pm.
. Correspondence from Assistant Assessor Nancy Hinote announcing that the Assessors
Office is mailing all applications for statutory exemptions this week and residents should
return the applications to the Assessors Office by September 1, 2005.
. Check in the amount of $8,225 from Bay Brook Village LLC for deposit into the Local
Housing Partnership Fund.
Motion: To accept check for deposit into the Local Housing Partnership Fund
(Amoruso - McCue) 4-0 Passes
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r · Correspondence from Police Chief Arthur O'Neill regarding a memorandum of agreement
for lockup facility at the Bristol County Ash Street Jail in New Bedford.
The Town Manager said that this is a regional agreement. Selectman McCue asked if there had
been any changes and the Town Manager said that there is a nominal increase in cost.
Selectman McCarter asked if it should be reviewed by Town Counsel.
Motion: To sign agreement subject to review by town Counsel
(Amoruso - McCue) 4-0 Passes
. Letter from MassHousing regarding the Priority Development Fund and the Technical
Assistance Program Contract.
Motion: To authorize Acting Chairman to sign two copies of the technical assistance program
contract
(McCarter - McCue) 4-0 Passes
. Memo from Town Manager John D'Agostino regarding the Town Manager's raise for FY06.
Water Treatment Plant
The Town will officially open the water treatment plant on Saturday, September 24th at 10:00am
I"""" with a ribbon cutting ceremony. The public is cordially invited to attend and tour this
impressive public building. The Town Manager noted that 70% of our water will be at the
highest standard of drinking water. The facility will treat about 3 million gallons of water in
town. The large blue tank outside will house the sediments of iron and manganese which will
discharge into our sewer plant for treatment purposes. He added that the facility, under the
initial contract, was scheduled to open in May and that Water Department will move into the
building in August. In response to a question from the Board about the delay, the Town
Manager noted that there was a backorder with the generator due to the war in Iraq and told
the Board that we will hold the contractor responsible.
Downtown Sidewalk Sale
The Downtown-Sponsored Sidewalk Sale on North Main Street is scheduled for July 13th from
5:00pm to 10:00pm.
Hatheway-Patterson Public Hearing
On Thursday, July 7th, there is a public hearing on the Hatheway-Patterson cleanup. Residents
are urged to attend and make comment on the proposed clean-up plans. The Town Manager
will offer comments as discussed with the Board on ensuring the Town will have full use of the
site for open space or commercial/industrial. He believes that the Town is particularly
concerned with the plan to store the contaminated material on site and how that may hinder
future redevelopment plans for the site, whether the use is open space or industrial/commercial.
He asked the Board if they had any other concerns they wanted addressed and they replied that
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Board of Selectmen Minutes of July 6, 2005
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r they did not. Selectman Amoruso indicated that he had comments prepared and would be
attending the hearing.
Vacation
The Town Manager will be on vacation for two weeks commencing on July 23rd through August
6th. Lee Azinheira will be acting Town Manager during his absence.
Great Duck Race
The Great Duck Race has been rescheduled for July 27th from 7:30pm to 8:30pm at Fultons Pond.
NEPP A Conference
The Northeast Public Power Association Annual Meeting scheduled in Newport, RI from
August 14-17th. We have a scheduled Selectmen's meeting on the 17th, but the conference ends
at noon on the 17th, allowing ample time to attend the meeting that evening. The Town
Manager encouraged the Board members to let him know as soon as possible if they would like
to attend.
Planning Board and the Golden Triangle
Plans to attend the Planning Board meting to urge the Board not to approve the Golden
Triangle proposal based on the Board's Special Permit criteria - 5.5.6.1 through 5.5.6.3 -
utilizing School Street as the main access to the shopping plaza. The width of School Street will
r be six lanes, which will adversely affect the safety and general welfare of the residents, and will
negatively impact the character of the area. He will point out the curb cut issue and added that
the approval by the Planning Board will negate our ability to get right-in/right-out. Selectman
McCarter noted that it is a public safety issue.
Motion: To support the Town Manager and authorize him to ask the Planning Board to deny
the special permit
(Amoruso - McCue) 4-0 Passes
The Town Manager reiterated that he is looking out for the best interests of the Town and the
residents of West Mansfield and that there should be two access points - one on Route 140 and
one on School Street.
Samsonite
They will become a defining entity in the Industrial Park and will be located at 575 West Street.
They are bringing 120 full-time employees and bringing another 30 to Mansfield. There is a
strong possibility that there will be additional hires in 2-3 years.
Spherics
Moving to 375 Forbes Boulevard in the Industrial Park. They have a 2.9 million note for
building improvements. They are looking at an aggressive TIF and both requests, from
Samsonite and Spherics, have been forwarded to the TIF Committee. Spherics is a bio-adhesive
drug company. We created a biotech overlay district in the industrial park 3 or 4 years ago. He
noted that this will be a significant addition to the town and we can create a localized company.
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Selectman Amoruso noted that both companies are also involved in manufacturing. The Town
Manager noted that the corporate world headquarters for Samsonite will be here in Mansfield
and noted that both businesses coming to Mansfield is a home run.
None.
(McCue)
4-0
Passes
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Signature of Clerk
.JI42t1. 2IJIJ5
Date of Approval
Board of Selectmen Minutes of July 6, 2005
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