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HomeMy WebLinkAboutBOS MINUTES 8-25-1976BOARD OF SELECTMEN A G E N D A August 25, 1976 • 7:30 p.m. - Call to Order Treasurer's Warrant Minutes of the Previous Meeting Clerk's'FOlder Correspondence `w 7:45 p.m. - Robert Avila - School Transportation Consultants re parking school buses on town property • 8:00 p.m. - West Church Street parking • 8:15 p.m. - Bristol County Home Care contract revisions • 8:30 p.m. - Leon. Grant re class II license on Creeden Street • 8:45 p,m. - Wilma Flammia re Sewage Treatment Plant • - Town Manager's Report Sexier under proposed Route 495 Planning Board Comments - Riverside Park sewer lift stations Set Hours for Primary • - Board Reports Board of Selectmen Minutes of the Meeting August 25, 1976 Present: Selectmen Caponigro, Colella, Clemmey, and Titus; Town Manager Hannon. Meeting opened at 7:40 p.m. Chairman Colella asked that a moment of si- lence be observed for two former town officials who had padsed away: Forrest Peterson, a selectman from 1964 -67, and Ernest White, the town moderator for 20 years (1949 -69) and also town counsel. Weekly Treasurer's warrant - $476,702.96 - Motion to approve by Selectman * Clemmey, seconded by Selectman Caponigro, voted 4 -0 Minutes of August 11 meeting - Motion to approve by Selectman Titus, se- * conded by Selectman Caponigro, voted 4 -0. Selectman Clemmey moved that the times for the state primary election on September 14 for'the polls to be open be from 10 a.m. to 8 p.m. Seconded * by Selectman Caponigro, voted 4 -0. Letter from Mr. Leo Parente of 792 West Street regarding the Wetlands Act Hearing held recently by the Conservation Commission for proposed Route 495. Mr. Parente asked that the hearing be held again because he had not received his newspaper in which it was advertised in time to attend the hearing with his lawyer. Selectman Clemmey noted that Mr. Parente had met with the Conservation Commission on August 24 in this regard. Application for the Planning Board received from: Rodney Plourde and Leo Costanza. Bid summaries on Back Bay Brook drainage project and North Factory Pond Outlet Control. Mr. Robert Avila of School Transportation Consultants met with the Board to discuss the possibility of renting or leasing the area behind the High- way Garage to house 16 -20 school buses.and install a 4,000 gallon gas tank. He said that his firm would incur all the costs incidental to this, such as security lights, which would also benefit the Highway. He said that he would be willing to pay $2,400 per year for the next five years for the rental or lease of this area. He noted that the town would in no way be liable for the buses, as he has his own liability policy. The Town Manager commented that he saw no problem with this and that Town Counsel should draw up the agreement. Selectman Clemmey moved that this arrange- ment be approved, subject to an agreement being drawn up by Town Counsel. * Seconded by Selectman Caponigro, and voted 4 =0. Application from Karl Hartman for the Planning Board. Mr. Hartman was in the meeting room, and answered questions from the Board about his qualifi- cations. ( Memorandum from the Chief of Police that there be no future band concerts in Mansfield. Chief D'Afile cited crowd size and control, and said that if any future concerts were approved, then he would assign no less than 25 men, at the expense of the sponsors of the concert. The Town Manager said that there had been 5 -6 arrests for public intoxication at the last *- Motions passed -1 Board of Selectmen Minutes of the Meeting August 25, 1976 Page 2 Mansfield Concert Association concert. He suggested that any recommenda- tions be made to both the M.C.A. and the Recreation Commission, who grant the use of the park. Selectman Clemmey discussed the complaints from the Hope Street residents. He complimented the M.C.A. for the cleanup work done in the area. The Town Manager suggested that a joint meeting be set up with the M.C.A. and Recreation Commission and Selectmen. At 8 p.m. Robert Bridges and Linda Martinelli of West Church Street met to discuss the problem of parking on that street. Also meeting with the Board was Bonnie Cuddybach of Milhause Apartments, the manager. Mrs. Martinelli told the Board that the same car from a Milhause tenant was parked on the southerly side of West Church Street for 3 days at a time, and that there are only a few spaces; therefore, her customers are incon- venienced. Ms. Cuddyback said that when she received the letter from the Board of Selectmen, she sent letters to the tenants asking them to use the assigned parking places. She said that it is mostly one person, who has adequate parking space, who is causing the problem. Selectman Caponigro suggested a 2 -hour parking limit. Both neighbors said that they would pre- fer not to have a limit, as then their company and family would also be bound by that limit. A 3 -hour limit was discussed. After further dis- cussion, Selectman Caponigro asked that the name of the individual be made known to the board members, and suggested a discussion with the indivi- dual. A representative of Bristol County Home Care, Inc., met with the Board and two members of the Council on Aging, Linda Martinelli and Delores Benson, to discuss revisions in the Home Care provider contracts. After discussion of the revisions, Selectman Clemmey moved to have the Chairman sign the con- tracts on behalf of the town, andsto adcept the corrections as explained by * the representative. Seconded by Selectman Caponigro, and voted 4 -0. The contracts will now be sent to the Dept. of Elder Affairs in Boston, and they will send back one signed copy to the town. Leon Grant met with the Board to discuss his Class II auto repair license. The .chairman told Mr. Grant that the license had been issued illegally for that location. Selectman Caponigro stated that the issuance of the license had not been illegal, but the lifting of restrictions originally on the li- cense was. Mr. Grant said that he had a variance application pending, and would not want to jeopardize that application. Selectman Caponigro asked Mr. Grant what he would do if the zoning Board turned down the application for a vari- ance. Air. Grant said that he would have to obey them. He added that he has had various business in that location since 1965, and that he had a con- siderable amount of money -invested in the business. Selectman Caponigro again asked Mr. Grant if he would remove his entire operation if the variance were not granted. Mr. Grant replied that he "would cross that bridge when he came to it ". Selectman Titus questioned the statement about "illegal issuance of the licenser -2- Board of Selectmen Minutes of the Meeting August 25, 1976 Page 3 Mr. Grant said that he was granted the license on July 23, 1975, with no more than 2 cars inside the building, and that on September 24, 1975, he had asked that the 2 -car restrictionnfor inside the building be lifted. Selectman Caponigro said that this license was for inside retail sales. Mr. Grant said that he has ,25 cars parked in the yard, some waiting for repairs. He stated that he does not repair the cars outside of the build- ing. He also stated that all the selling was done inside the building, with the customers walking outside to look at the cars. The Town Manager said that the Class 2 license permitted repairs of the cars (minor repairs) being sold. He also stated that the Board of select- men was the licensing commission, able to put stipulations on any license, and that a zoning variance would have to come from the Board of Appeals, that the two were separate. He said that the present storage of vehicles outside the building was not permitted under zoning. Mr. Grant claimed that the outside restriction on the number of cars had been removed. Selectman Titus stated the present storage of vehicles outside the building was totally inconsistent with the license and zoning. He said that he was opposed to the original license and was still opposed. Mr. Grant stated that he has stored vehicles of one type or another on the property since 1965 - his lawn and garden business, etc. Selectman Clemmey cited Town Counsel's opinion in this matter: that the Class 2 license in that zone would allow for sales, providing that they were all conducted inside the building, and any vehicles had to be stored inside the building. Selectman Clemmey also read the Building Inspector's letter dated August 11 regarding zoning. Mr. Grant .stated that he did not own any of the cars - that some were re- gistered and some were not. Mr. Grant stated that as soon as he discovered there was a problem with the zoning, he immediately applied for a variance. After further discussion, Selectman Caponigro moved that Mr. Leon Grant ap- pear before the Board at the next meeting and show cause why the license should not be revoked or the restrictions lifted. No second to this motion. Selectman Caponigro moved that the Board rescind its vote of July 23, 1975, that lifted the restrictions of 2 cars inside the building, to reinstitute those restrictions, and that he be given 60 days to comply. Mr. Grant asked that the Board withhold action until after the zoning hear- ing. There was further discussion on the number of cars that could be stored inside the building and putting up another building. Selectman Colella stated that any class 2 license was a privilege, that the Board was not bound to issue it, and that the abutters rights and feelings should be taken into consideration. Building Inspector Bert Cook said that the license that had been issued had -3- Board -:of: Selectmen Minutes of the Meeting August 25, 1976 Page 4 been legal, and that it was now a question of zoning. He said that all Mr. Grant was asking for was a little time until he goes before the Zoning Board of Appeals. Selectman Caponigro again made his motion: that the Board of Selectmen hold a hearing at the next regular meeting with Mr. Grant, and to notify him of the Board's intention to reinstate the restrictions originally placed on the license. No second received to this motion. Selectman Caponigro made another motion: that the Board of Selectmen re- instate the original restrictions on the Class 2 license of Leon Grant at 69 Creeden Street (2 -car restriction for inside the building), and that he be given 60 days to comply with this. Seconded by Selectman Clemmey. * Vote: 2 - 1 in favor, Selectmen Caponigro and Clemmey voting in favor, Selectman Titus opposed, and no vote recorded for the Chairman. Chairman of the Zoning Board of Appeals, George Wojtkiewicz, listening from the audience, asked that that the Board of Selectmen submit to the Zoning Board a letter on the exact status of Mr. Grant's license for their hearing on September 7. Wilma Flammia, Dorothy Giles, and other residents of South Main Street met with the Board to discuss the objectionable odor coming from the direction of the sewage treatment plant. Mr. Hannon explained that in the summer the flows through the system were less than normal, and the sewage did not get to the plant before it turned septic. He discussed treating this condition by dumping hydrogen peroxide into the system, but pointed out that this was a very caustic chemical. The Town Manaaer::will set up a meeting with the engineers to discuss possible solutions to this problem. Correspondence was read. Action taken on the following: petition from Delores Benson of Pleasant Street to submit article for abandonment by the Town of Garden Street - this will be submitted that the next annual town meeting. Articles for a possible up- coming town meeting (special) were discussed. Selectman Titus moved that there be a special town meeting, held within 2 weeks of the date of certification from the State of the Town's Free cash figure, consisting of one article, using the free cash to reduce the expected tax rate increase. Selectman Caponigro said that he would second this for discussion. Selectman Clemmey discussed "getting out of the habit" of having special town meetings to use free cash for this purpose, as there would be no free cash for next year's annual town meeting. After further discussion, the vote was taken: 2 - 1 in favor, with Selectmen Caponigro and Titus in * favor and Selectman Clemmey voting in opposition. C Henry J. Holland met with the Board regarding his application for a Class 2 auto repair license for his business at the corner of Chauncy Street and Cope- land Drive. This application had been tabled from last week. A letter from the Building Inspector was read, saying that the zoning, Business C, was proper for this type of operation. He also said that the existing fence was proper SE Board of�Selectmen Minutes of the Meeting August 25, 1976 Page 5 screening as required by zoning. After further discussion, Selectman Caponigro moved to grant the Class 2 license to Henry J. Holland. The * motion was seconded by Selectman Titus, and voted 4 -0. - Letter from the Town of Saugus asking the Mansfield Selectmen to support a resolution that called for the raising of the drinking age to 21 again. Selectman Clemmey moved that the Mansfield Board of Selectmen support this resolution. No second. Selectman Titus moved to deny support of this resolution. No second. Selectman Clemmey moved to support the re- solution. Seconded by Chairman Colella after he passed the gavel. The vote was 2 - 2 with Selectmen Colella and Clemmey in favor, and Select- men Caponigro and Titus opposed. Letter from the Attorney General's Office stating that Article 32 of the 1976 Annual Town Meeting cannot be passed, as it conflicts with the General Laws. Letter from the Planning Board regarding the review of the specs for the sewer lift station submitted for Riverside Park. Letter from the Building Inspector regarding the Building and Housing Code Committee. Mr. Cook stated that the State Building Code superaedes the authority of the town committee, and that;the- B.H.C.C. should be abolished, and the Building Code Board of Appeals should be appointed. Also, Mr. Cook reported an instance where 'a member of the Building and Housing Code Committee gained entrance in a private residence by saying he was authorized to do so as a member of that committee. Mr. Cook pointed out that under the law, he, the Building Inspector, was the only one so authorized. The members of the Board of Selectmen agreed to send a letter to the B.H.C.C. and ask for their comments and that they also meet with the Board of Selectmen. Letter of resignation received from John Dunn of the Planning Board .aBd_ the Growth Policy Committee. Selectman Clemmey moved to .accept the letter of resignation and send a letter of thanks to Mr. Dunn. Seconded by Selectman * Caponigro, and voted 4 -0. Application for a one -day beer license for Tennis 95 for August 29 for a -- .barbeque, not to be sold before noon. Selectman Caponigro moved to grant * the beer license. Seconded by Selectman Clemmey, voted 4 -0. Application for a beer license for September 4, 5, and 6 for the Tri- County Beagle Club off School Street. Selectman Caponigro moved to approve the license, with the beer not to be sold before 12 noon on September 5. Se- * conded by Selectman Titus, and voted 4 -0. License renewal for Public Entertainment on Sunday for Dagg's, North Main Street, for a pinball machine. Selectman Caponigro moved to approve this ( * license.renewal. Seconded by Selectman Clemmey, and voted 4 -0. Renewal application for Public Entertainment on Sunday for the Mansfield House, for jukebox, radio and tv. Selectman Caponigro moved to approve * the renewal. Seconded by Selectman Titus, voted 4 -0. -5- Board of Selectmen Minutes of the Meeting August 25, 1976 Page 6 Application for renewal of Sunday Public Entertainment (pool table) for the Mansfield House. Selectman Caponigro moved to grant the license. * Seconded by Selectman Titus, voted 4 -0. Hearing date set for 18,000 gallons of underground storage of gasoline for E.M. Stiveletta: September 15 at 8 p.m. The Town Manager discussed.and reported on the following items: the Facilities Planning for the proposed sewage treatment plant, the new de- sign of the Town Seal, and Dustin Well. The Town Manager reported that the Division of Water Pollution Control has reviewed the Rules and Regulations for Sewer Use for the Town of Mansfield, that they were found acceptable with 2 revisions to be made. Selectman Clemmey moved that the revisions also include notification to the Board of Selectmen as Sewer Commissioners. Seconded by Selectman * Caponigro, and voted 4 -0. The Board also okayed a survey form for the sewer department. Town Manager Hannon reviewed the bids received for surplus equipment. The Board approved the waiver of a $5,000 performance bond for the sewer connection being done at the Mueller residence on East Street, being done by the applicants themselves. Request from the Weston Obs'- rvatory to do some drilling in the Old Colony right -d$ -way owned by the Town of Mansfield. Selectman Caponigro moved * to approve the request. Seconded by Selectman Clemmey, and voted 4 -0. Selectman Caponigro moved that the following be appointed to the Planning Board to fill vacancies on that Board: Rodney Plourde, to fill the vacancy of John Wellington, term to expire January 1, 1979 Karl Hartmann, to fill the vacancy of Benoni Latham, term to expire January 1, 1978 Robert C. Lesuer, to fill:-the vacancy of John Dunn, term to expire on January 1, 1978 * The motion was seconded by Selectman Clemmey, and voted 4 -0. Selectman Titus moved for adjournment at 11:20 p.m -. Seconded by Selectman * Clemmey, and voted 4 -0. w