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HomeMy WebLinkAboutBOS MINUTES 10-6-1976BOARD OF SELECTMEN A G E N D A October 6, 1976 • 7 :30 p.m. - Call to Order Treasurer's Warrant Minutes of the Previous Meeting Correspondence Clerk's Folder Application for Common Victualler's license - Frank Bonvie Application for Weekday Music Machine license - Frank Bonvie • 8:00 p.m. - Hearing - Mansfield House of Pizza (Common - Victualler /All Alcoholic Beverage License) 1 8:30 P.M. - Hearing - School Transportation Consultants for Storage of Gasoline • 8:45 p.m. - Muriel Ballou re Flat Rate Referendum Question • 9:00 p.m. - Cycle Shack (NOTE - POSTPONED UNTIL OCTOBER 13 AT 9:00 P.M.) s - Acting Town Manager's Report Fairfield Optical Jaycee Request for Street Light Columbus Day - October 11 • - Board Reports - Adjournment Board of Selectmen Minutes of the Meeting ( October 6, 1976 Present: Selectmen DeLong, Caponigro, Colella, and Clemmey; Acting Town Manager Arthur Remillard. Selectman Titus not present. Meeting opened at 7:30 P.M. The Treasurer's Warrant totalled $85,549.43. Selectman Clemmey moved to pay this. Seconded by Selectman Caponigro, voted 4-0. (Selectman Titus not present). Selectman Clemmey moved that the minutes of the previous meeting be approved. Seconded by Selectman Caponigro, voted 4 -0. Notice from the Telephone Company regarding the 911 Phone Service for Police and Fire emergency number. Letter from Representative Fil6sa regarding the letter sent by the Mansfield Board supporting the raising of the drinking age to 21. Letter from Jack Wark, who attended last week's Selectmen's Meeting. Letter from the state Executive Office of Communities and Development regarding a guided bus tour of low and moderate income housing. Letter from the Annual Memorial Bowl Festival of Municipalities asking for $20 donation from the Town of Mansfield for this non - profit edu- cational organization. Letter of resignation from Delores M. Benson as the Town's SRPEDD rep- resentative. Selectman DeLong moved to accept the resignation. Se- conded by Selectman Caponigro, adding that the Board should send her a letter thanking her for her service. Voted 4 -0. The Board asked that one of the applicants for this position come into the meeting next week to meet the Board. members. Letter from Kevin J. Boyce, Internal Vice President of the Mansfield Jaycees, requesting permission to run a banner across Route 106 from October 16- November 1 regarding the Haunted House. Selectman DeLong moved to grant permission, specifying that they work with the Light * Department. Seconded by Selectman Caponigro, voted 4 -0. Notification will be sent. Letter to all the Board members inviting them to the "sneak preview" of the Haunted House on October 16 at 8 p.m. Notice will be sent that four Selectmen will attend. Notice of public hearing of proposal to establish new rates for apart- ment complexes (12 or more units) for electric heating, October 18, 1976, at 8 P.M. From the Board of Health, request to set a joint meeting to fill the vacancy created by the resignation of Elizabeth Roche. Time was set for October 13 at 8:30 , on the motion of Selectman Caponigro, seconded by %< Selectman Clemmey, and voted 4 -0. Notice will be sent to Board of Health. -1- Board of Selectmen Minutes of the Meeting October 6, 1976 Page 2 Report of the Building Inspector on construction for the month of September. Notice from Self -Help, Inc. regarding position available for a teacher in Child Development. Letter from J.S. Kenyon of the Tremont Nail Company, Wareham, Mass., inquiring about 'the 1918 fire truck stored in back of the fire station in Mansfield. Mr. Kenyon offered free storage of the truck to prevent further deterioration from being stored outside. Mr. Kenyon also stated that he would be starting a museum of old fire trucks, and would like to keep the truck for the town. Mr. Kenyon expressed interest in plac- ing a bid for the truck should the town ever decide to sell it. Board members expressed interest in this proposal, and a letter will be sent to Mr. Kenyon asking him to meet With them to discuss this. Letter from the State Planning Office regarding $200 grants available to Local Growth Policy Committees. Notice from the Mass. Electric Company that they would be distributing door -to -door voter information material on Question No. 4 from October 9 through October 31. It was noted that no permits were needed as no funds will be solicited. The Police Department will be furnished a list of names of volunteers and automobile registration numbers, prior to October 9, 1976. (Note: vote taken on this later in meeting.) Notice of SRPEDD meeting on October 8 in Taunton. Letter from Dorothea Giles of South Main Street regarding special town meeting. Board asked that copy be sent to the Moderator. Application from Ronald S. Bonvie of Ware street for a Common Victualer's license for the airport concession stand. Selectman Clemmey moved to * grant this license. Seconded by Selectman Caponigro, voted 4 -0. Application from Ronald S. Bonvie for a weekday music machine (airport). Selectman Clemmey noted that this was for a radio, and that a license was not needed. Selectman Clemmey moved to disapprove this application. Seconded by Selectman Caponigro, voted 4 -0. The Town Clerk will notify Mr. Bonvie that no license is needed to playia radio. Beatrice Thayer of Charles Street commented again on local bus service proposal and the existing train service. Mrs. Thayer questioned why the proposal made by her last week had not been looked into. The Board mem- bers stated that the Town Manager was on vacation for a week, and would look into this when he got back. The Chairman asked that the Town Manager be reminded to send a letter to some local bus companies in this regard. and to have an answer for next week. Sewer Connection permit application from John Campbell for 30 Samoset Avenue. Single family residence, and it was noted that the assessment has been paid. Selectman Caponigro moved to grant this application request. -2- Board of Selectmen Minutes of the Meeting ( October 6, 1976 Page 3 The motion was seconded by Selectman Clemmey, voted 4-0. The Chairman opendd the hearing on Mansfield House Of Pizza's appli- cation for a Restaurant License for sale of All Alcoholic Beverages to be drunk on premises, 141 North Main Street, Mansfield. Name of partners: Stavros Economou, 280 Main Street, Marlboro, and Dimitrios Pantos, 602 Chandler Street, Worcester, Mass. The application was read: proposed premises: two (2) floors, first floor - dining room (lounge and bar),kitchen, two (2) restrooms. Second floor - three (3) apartments,. Basement - storage. Two (2) entrances on North Main Street, and two (2) exits on the north side of building. Attorney Don Glaser introduced the applicants, Mr. Economou and Mr. Pantos. Selectman Clemmey read the character references read at the previous hearing held on September 1, 1976. (Letters on file with Town Clerk) Attorney Glaser stated that the first hearing had been held on Septem- ber 1, 1976, at which time a plan of the proposed dining and lounge facilities had been presented. He explained that this had been for a sit -down, family -type of restaurant. Mr. Glaser said that besides run- ning the business at the 141 North Main Street address, the two appli- cants owned the building and paid taxes to the Town of Mansfield. He said that the applicants have owned the building for nearly 5 years now and have made improvements to the premises and want to improve it even more. Mr. Pantos told the Board that they had sold their other businesses in Norton, Foxboro, and are selling the one in Sharon so that they might concentrate on the Mansfield business. He told the Board that they were not outsiders or gangsters, and were just here to make a living. He said that they were applying for this license so that they might in- crease the volume of their business here in Mansfield. Attorney Glaser said that on September 13 he received a letter from the Board of Selectmen stating that the original application had been denied without prejudice. He said that his clients'intentions were honorable, that they were not looking for a blanket permit,*and would do whatever the Board wanted them to do. He said that they would work with the Building Inspector on the plans and building. He said that it woulld be a credit to the town. Mr. Economou said that they would do anything that the Board asked. He i said that this would be for a family -type setting. The Chairman asked if anyone in the audience would like to speak in favor of the license. -3- Board of Selectmen Minutes of the Meeting October 6, 1976 Page 4 Johh.Gross, 140 Tremont Street, spoke in behalf of the applicants. Before speaking, he addressed the Chairman of the Board, asking him if he should be sitting on the Board where he held a liquor license himself. Chairman Colella replied that he could act on this li- cense, as it is for an all alcoholic restaurant license and not a package store license, which he holds. Mr. Gross said that he has known the partners for 3-4 years, and has been a satisfied customer. He said that the Board's former denial of this application would discourage downtown redevelopment. Christy Vose, an abuttor to this property, also spoke in behalf of the application being granted. He said that he could not understand why the Board had denied this application after the first hearing, and was very much in favor of it being granted. Karl Clemmey, South Main Street, said that he was speaking as a citi- zen and a businessman: He said that he has known the gentlemen ap- plying for this license, and that the restaurant would be a credit to the community, as the downtown is in need of reconditioning. He said that they have proven their ability and should have a chance to have the license. Chairman Colella asked if there was anyone wanting to speak in opposi- tion. Mrs. Beatrice Thayer of Charles Street spoke against the license, say- ing that she thought that there were alrea'dy.enough places in town to drink alcoholic beverages at,.and that she opposed this because of kids. Mr. and Mrs. Simon Muise of Villa Street spoke: they said that they lived very close to the location and they were concerned about the kids drinking and making noise. Mrs. Muise said that she had letters from two other people who could not make the meeting. Selectman Clemmey read the letter from Helen Goldberg, 112 -116 North Main Street, saying that the town would not benefit from the issuance of the license and that a larger area and better lighting were needed. A letter of oppo- sition from Nancy Eames, 120 -128 North Main Street was also read,'oppo- sing the issuance of this license. Selectman Caponigro questioned if the renovations would be completed before the restaurant would be operated. Mr. Economou said that this would be done any way the Selectmen wanted. He said, however, that before doing the- renovation work, he wanted some sort of guarantee that there would be a license, so that he would not go through all that ex- pense for nothing. ( There was a discussion of the closing hours. Mr. Economou said that they close the Pizza Parlor at 12 midnight now, and would do whatever the rules of the town required. Selectman Caponigro discussed the con- trol over the license by the Alcoholic Beverage Control Commission. Mr. Economou said that he would want the whole operation to be closed at one -4- Board of Selectmen Minutes of the Meeting October 6, 1976 Page 5 time rather than have the takeout order part stay open past the liquor license closing, as they would have problems with the customers trying to explain why they could hot serve liquor. Mr. Economou also sbated: that if they were postponed from getting a li- cense, that someone else would eventually get it, and that he and his partner have been sincere because they were here to make a living. He said that they would operate the business in a good way, and would not allow the kids to "hang out" there, as members of their own family also work there. Attorney Glaser pointed out that this business would not be geared to the 18 -year old, but rather to a family -type of business. Selectman DeLOng said that Mansfield was fortunate to have someone of the applicants' character who were willing to invest in the downtown area. He moved that the all alcoholic /common victualler: license be granted to the Mansfield House of Pizza, subject to the stipulation that the license not be exercised until the renovations outlined to the Board were completed (building and paving of parking lot, as presented in a plan on file with the Town Clerk), and that alcoholic beverages not be served after ii p.m. Selectman Clemmey said that he had voted against the license before be- cause he did not believe that the license should be issued as the pre- mises existed.. Mr. Economou said that they would complete the renovations. Attorney Glaser said that the town's counsel could come up with a way in which to make sure that the stipulation was put on the license. Arthur Remillard, Town Clerk and Acting Town Manager said that the Board could put stipulations on the license and that the A.B.C.C. would grant the license until the renovations were made. Selectman Clemmey asked if the applicants would object to the 11 p.m. closing. They maintained that the 12 o'clock closing would help them from losing a great deal of weekend business. Selectman Clemmey questioned how the front of the building would look. Mr. Economou said that it would be a spanish style, made of brick, and the large existing picture windows would be smaller in size. Also dis- cussed was the number of exits. There was further discussion of the time of closing. Selectman DeLong made the following amended motion: that the all alcoholic /common victualler license be granted to the Mansfield House Of Pizza, subject to the stipula- tion that the license not be exercised until the renovations outlined to -5- Board of Selectmen Minutes of the Meeting October 6, 1976 Page 6 the Board were completed (building and paving of parking lot, as pre- sented in a plan on file with the Town Clerk), and that the alcoholic beverages not be served after 12 midnight. Selectman Clemmey seconded % the motion, and it was voted 4 -0. Hearing closed. Karl Clemmey from the Board of Health discussed the flu immunization clinics. He said that all details will be published in the paper. Robert Avila and Gilbert Darling of School Transportation Consultants of Warren, Rhode Island, met with the Board for a hearing to store 4,000 gallons of gasoline underground behind the highway garage for the school buses housed there. It was noted that the Fire Chief has approved the application. A plot plan was showed to the Board. Two representatives of the Mansfield Fish and Game expressed concern about access to their club - the buses had been blocking the road the night before. Mr. Avila said that the circumstances for that situation had been highly unusual - a driver training course, which would be over this week. After further discussion, Selectman Caponigro moved to grant permission to the storage of 4,000 gallons of gasoline underground at the highway garage. Seconded by Selectman DeLong. Selectman Clemmey asked that the license be made subject to the variance being granted to the Town of Mansfield to store school buses behind the highway garage. * Selectman Caponigro agreed to amend the motion, and it was voted 4 -0. Muriel Ballou of Gilbert Street spoke regarding Referendum #11 in the up- coming election. She asked that the Board of Selectmen publicly take a stand regarding the question on the Public Power question. Selectman DeLong moved that the Board of 'Selectmen be on record as being opposed to Referendum A. Seconded by Selectman Caponigro, and voted 4 -0. Selectman Caponigro moved that Mass. Electric be given permission to dis- tribute leaflets (letter from them earlier in the meeting) in Mansfield. * Seconded by Selectman DeLong, voted 4 -0. It was noted that the hearing onthe Cycle shop was postponed until 9 p.m. on October 13, 1976• The Acting Town Manager, Arthur Remillard, discussed insuring the Fair- field Optical property. Mr. Remillard also relayed a request from the Jaycees that a temporary street light be placed near the Haunted House. Selectman Capongigro moved that a temporary street light be placed at the Haunted House, providing there were no problems with the Light Department. Seconded by Selectman -6- Board of Selectmen Minutes of the Meeting October 6, 1976 Page 7 * Clemmey, and the motion was voted 4 -0. Mr. Remillard noted that 'the Town Hall offices wouldbe closed on the Monday holiday, October 11 - Columbus Day, and that the rubbish collec- tion for that day would be done on October 9, the previous Saturday. Selectman DeLong noted that the Board should return 'to its previous policy of letting only those on the agenda speak, unless it is an em- ergency. Other Board members expressed agreement. Chairman Colella reported that 'the railroad fence near Angell Street was all down, and said that the residents of the area has expressed con- cern about this. He said that the Board should write a strong letter to the railroad in this regard. The Town Manager will'be so directed. The Chairman relayed another request, from Louise Capone, to have a thrift shop for the State Hospital patients to operate at the recently acquired Fairfield buildings. The condition of the buildings was dis- cussed, and Selectman DeLong and Clemmey expressed that since the town doesn't even know how it plans to use the buildings yet, no answer could be given on whether there would be any room in the building. A problem on West Street near the home of Harold Collins was discussed. The Chairman asked that the DPW Director and Police Chief be consulted to see if the rocks at the road's edge presented a problem to them. Building Code Board of Appeals - names on'list: John Riccio, Conley Eagan, Charles Campbell, Americo P. Day, Harold Collins, Steve Conroy, Steven McCaffrie, Priscilla Douglas, and John Gross. The town meeting vote on this committee was discussed. It was noted that two members had been appointed September 22 - Harold Collins to the 5-year term, and Steve Conroy to the 4 -year term. Selectman DeLong moved that Priscilla Douglas be appointed to the 3-year term. Seconded by Selectman Caponigro. Discussion: Selectman DeLong questioned if all members of the Board of Appeals (Zoning) should be ap- pointed to this committee. This was also discussed by other Board members. Selectman Caponigro moved that the following appointments be made to the Building Code Board of Appeals: Conley Eagan 3-year term Charles Campbell 2 -year term Priscilla Douglas 1 -year term Seconded by Selectman DeLong and voted 4 -0. It was noted by Selectman Clemmey that the appointment for the 1 -year term would expire April 1, 1977, the 2 -year term would expire April 1, 1978, etc. Selectman DeLong moved to adjourn. Seconded by Selectman Caponigro, and voted all in favor. IWA