HomeMy WebLinkAboutBOS MINUTES 6-17-15Board of Selectmen Minutes
June 17, 2015
Present: Jess Aptowitz; Vice Chairman, Olivier Kozlowski; Clerk, Doug Aniline, Frank
DelVecchio and Nick Riccio, Acting Town Manager
Chairman Dentino called the meeting to order. The Chairman reminded everyone
being broadcast live and taped for future broadcast on Mansfield Cable.
Motion: To open the Public Hearing (Aptowitz/Kozlowski) PASSES 5:0
Greg DeMarkis, attorney, is present representing the applicant, Hirenkulnar Patel. Mr. DeMarkis
summarized the transaction as a license transfer with a change of location (428 Elm Street), change
of DBA (West Mansfield Variety) and pledge (Rockland Trust). Mr. Demarkis noted the new
location is the former site of a convenience store that had a beer and wine license. Also present is
Dinesh Patel who is the landlord of the site, which will house two tenants: the convenience store as
well as Cousins Pizza. Finally, Mr. DeMarkis noted that Hirenkumar Patel will own 100% of the
business and is TIPS certified where he has gained experience in the industry through working in
other family establishments. The transaction will require Mr. Patel to obtain financing through a
pledge with Rockland Trust. Mr. DeMarkis noted that Mr. Patel is sensitive to the fact there are
residences in the area and has agreed to close the business at 9:00pm.
Mr. Kozlowski prefaced his questioning noting the Board generally has disdain for the secondary
licensing market and reminded that when the Board went to Town Meeting requesting additional
alcohol licenses that retail licenses were not sought. Mr. Kozlowski asked Mr. Patel if he has had
any issues regarding his employment with Norton Liquors to which he noted he has not.
Mr. DelVecchio felt the secondary market for licensing not to be an issue here.
Mr. Annino asked to review the floor plan. He asked if there would be any outside coolers or
condensers as he is sensitive to noise with regards to the neighbors. Mr. Patel stated there would be
none. Mr. Riccio explained the location is a complete tear down where the plans have gone
through extensive site review with the Planning Board and is fully compliant. Mr. Riccio also
noted that any signage would need to comply with the zoning by -law. Mr. Armin confirmed the
hours of operation with Mr. Patel to be 7:00am — 9:00pm and a total of 24 spaces.
Mr. Aptowitz spoke to the last business at this location (Diaz Market), which had a wine and beer
license and confirmed with Mr. Riccio that the site is zoned Business 3.
Board Of Selectmen's Meeting June 17, 2015
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Chairman Dentino asked for clarification of the pledge to which Mr. DeMarkis explained Mr.
Patel is 100% owner (President, Treasurer, Secretary, Director and Manager) and is borrowing
$180,000 from Rockland Trust where it is a universal request by a lender to ask for a pledge. Mr.
Kozlowski reminded the applicant that the pledge agreement does not automatically mean
approval of a transfer if there is a default. Chairman Dentino also asked if there would be any other
employees to which Mr. Patel noted a family member who is also in the business in Attleboro and
is TIPs certified.
Mr. Aptowitz recognizes Mr. Patel's experience but explained that the Board is deeply concerned
with underage drinking and the seriousness of the issue. He asked Mr. Patel to be sure procedures
are in place to enforce that.
Chairman Dentino asked for Public Comment.
Michael Rae, 430 Elm Street, is present. Mr. Rae had sent a correspondence to the Board earlier
this evening, which has been made part of the record. Mr. Rae is concerned, as he is a direct
abutter, regarding the hours of operations, particularly referencing that the sale of alcohol can
bring patrons with loud cars and conversation. He appreciated his earlier conversation with Mr.
Patel regarding closing at 9:00pm but is further requesting the Board to reflect that within the
license as it is his concern that Mr. Patel could simply change his mind. Mr. Rae understands that
the Board cannot control patrons but would like to the keep the expectation of privacy within his
residence and the neighborhood in -tact.
Mr. Aptowitz asked how long the Raes' have owned their home to which he noted 12 years. With
all due respect Mr. Aptowitz reminded that the zoning allowing for this type of business was in
place at that time. Mr. Rae agreed with the statement but reminded the Board of the previous
business owner's actions, referencing illegal sales and forced to shut down, and the efforts he went
through to protect the area. Mr. Aptowitz stressed the importance of fairness for not only the
residences but the businesses as well. Mr. Rae furthered that the Zoning Board of Appeals did not
take into consideration the abutters when zoning that area and referenced that Mr. Kozlowski sat
on that Board at that time. Mr. Rae is asking the Board to take into consideration the abutters now
as it is a one -time shot.
Mr. Riccio is sensitive to Mr. Rae's concerns but clarified that the original plan that Mr. Rae
appealed has gone by the wayside where the new applicant, Mr. Patel, is building by right and did
not pursue any variances or waivers and has included comprehensive landscape screening. Mr.
Riccio reported that the Planning Board has extensively reviewed the plans during the site review
process but is subject to final inspection. Mr. Annino noted this to be a substantial improvement.
Motion: To close the Public Hearing (Aptowitz/Amiino) PASSES 5:0
Mr. Annino asked why the Board can't decide hours of operation on the license. Ms. Whalen
noted State Law allows retail establishments to operate between the hours of 8:00am — 11:00pnr
Monday through Saturday and I0:00am — 11:00pm on Sundays and that these hours are by right.
Mr. DelVecchio questioned whether changing the hours of operation would require a by -law
change and would have to encompass all retail establishments. Mr. Annino furthered that if the
applicant is offering to close at 9:00pm why can't the Board put that on the license. Mr. Riccio
noted it is up to the Board but there would need to be a compelling reason as it is appealable to the
ABCC.
Board Of Selectmen's Meeting June 17, 2015
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As this is a sensitive area Mr. Atmino would like some way to limit the hours on the license.
Mr. Riccio suggested perhaps limiting the hours of operation for alcohol but not for the
convenience store.
Chairman Dentino felt the applicant came forward in good faith and that the Board should not act
on limiting the hours. Mr. DelVecchio felt it would be perfectly fine to shrink the hours as it is not
a reflection of the applicant but of the area and how the Town would like it to be but did not believe
the Board could do that.
Mr. Aptowitz felt that if there were any issues the area residents would let the Board know. Mr.
Rae challenged what the Board would do. Mr. Aptowitz did not appreciate the statement as the
Board works tirelessly regarding alcohol licensing. Mr. Kozlowski reminded that the Public
Hearing is closed. Mr. Aptowitz noted the Board takes all concerns seriously and are sure to
address them as well. Again, Mr. Rae spoke outside of the Public Hearing noting he has been
"blown off' by a current member. Chairman Dentino noted the Board is adhering to the fact that
the Public Hearing has been closed.
Mr. Annino feels strongly that the Board needs to find a way to limit the hours of operation, even
informally. Chairman Dentino felt that to send a bad message as the Board has never limited any
businesses hours. Mr. Annino questioned that if the applicant has agreed to limit the hours why it
can't be put in writing. Mr. Kozlowski referenced that there is another tenant at the location where
again there is no by -law as to hours of operation.
Mr. Kozlowski was taken aback by the comments made by Mr. Rae regarding previous owners and
his involvement and felt it was not called for and was not appropriate.
Motion: To approve the transfer of license, for an all alcoholic beverage, not to be drunk on the
premises, pledge of license, change of location and change of dba from Cork's Fine Wine and
Liquors, LLC dba Cork's Fine Wine and Liquors, 390 West Street, Megan Foley, Manager, to
Adhya Corporation dba West Mansfield Variety, Hirenkumar Patel, manager, to be located upon
transfer at 428 Elm Street (DelVecchio / Anniuo)
Discussion:
Mr. Annino feels strongly on limiting the hours of operation. Mr. Delvecchio felt uncomfortable
on the legality of that and would like an opinion from Town Counsel and/or the ABCC. Mr.
Aptowitz noted this is a business zoned area and reminded that the applicant has gone on record
stating he will close at 9:00pm. Mr. Kozlowski noted his offense to the earlier comments and
stated in order to avoid further potential appeal he will abstain from voting. Ms. Whalen felt
clarification by the ABCC to be in order and that the current license reflects State Law with
regards to hours of operation and that any amendment to that would be at the local level as long as
it is within the State's legal hours of operation. Chairman Dentino felt this to be a dramatic
improvement to this piece of property where the applicant is willing to lessen its hours and has
gone on record as such. Mr. DeMarkis noted that the Board can regulate the alcohol portion of the
license but cannot regulate the hours of the convenience store.
Motion: To approve the transfer of license, for an all alcoholic beverage, not to be drunk on the
premises, pledge of license, change of location and change of dba from Cork's Fine Wine and
Liquors, LLC dba Cork's Fine Wine and Liquors, 390 West Street, Megan Foley, Manager, to
Adhya Corporation dba West Mansfield Variety, Hirenkumar Patel, manager, to be located upon
transfer at 428 Elm Street (DelVecchio / Annino) PASSES 4:0:1 Kozlowski ABSTAIN
Board Of Selectmen's Meeting June 17, 2015
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Mr. Annino appreciates the offer of Mr. Patel to close at 9:00pm and asked that he please keep the
neighbors happy. Mr. Riccio noted if there are infractions the Board has recourse and remedies
available to them.
Considatin Of 3. Request By Chocolate I+actory, LLC To Aiitend The Developriient
Agreement To Increase The Number- Of Two:Bedroofri Apartments And Decrease The
Number Of One Bedroom Apartments
Russell Barnaby and Robert Palmer, owners of Chocolate Factory, LLC are present before the
Board. Mr. Barnaby reminded the Board that the original presentation to the Town for the project
included a unit mix of 55 two - bedrooms, 70 one - bedrooms and 5 studios. After conducting its
own market study, Chocolate Factory, LLC would like the Board to consider an amendment to the
development agreement to 70 two- bedrooms, 58 one bedrooms and two studios. Mr. Barnaby
noted this will be the only change request for the project. Mr. Barnaby also updated that the
project has obtained full project funding, which includes a joint venture partner out of Washington,
DC (who will have a 65% beneficial interest). Mr. Barnaby also mentioned that he and Mr. Palmer
are aware of an outstanding utility bill in the amount of $21,000, which he pledged will be paid
within two weeks.
A brief video updating the project's status and reason for amending the current development
agreement was shown.
Mr. Aptowitz noted he was present at a meeting earlier this week between Chocolate Factory,
LLC, Mr. Ross and Mr. Riccio regarding the unpaid utility bill and had asked Mr. Barnaby and Mr.
Palmer to address the issue with the Board.
Mr. Barnaby felt there to be a characterization that the Town is now being sold a different bill of
goods than what was presented at Town Meeting but explained this is a business decision only
where the original numbers were based on hypothesis and when tested by the market study shows
the numbers need to be changed.
Mr. Kozlowski noted that an email has been received by the Board from Mike Trowbridge,
Chairman of the School Committee, as well as a member of the Advisory Committee for the
project, which he read into the record.
Mr. Barnaby stated that he and Mr. Palmer respect Mr. Trowbridge's opinion to delay a change to
the amendment until a meeting could be scheduled of the full Advisory Committee.
Mr. DelVecchio noted this is the first time the Board has heard there was a request for a change and
felt that Mr. Trowbridge's statement that there perhaps should have been additional meetings had
solid backing. Mr. DelVecchio would appreciate having the Finance Committee take this new
information in order to conduct what the financial impact would now be. Mr. DelVecchio asked if
the funding for the project is contingent upon this change to which Mr. Barnaby noted it is. Mr.
Barnaby felt if the change were not approved it would make developing the $36,000,000 project
more difficult but in the same respect the group would like the Board to be comfortable. Where
construction is slated for October and the Special Permit process taking two to three months, Mr.
Barnaby and Mr. Palmer would like to have the amendment issue decided within the next month in
order to have time to move through the process. Mr. Barnaby also reported that the historical tax
credits ($8 - $8.5 million of the financing) has taken longer than expected where only $400,000 has
Board Of Selectmen's Meeting June 17, 2015
Page 4 of 9
been received thus far. Mr. DelVecchio recalls Mr. Annino's statement that the timeline proposed
for historic tax status to be aggressive.
Mr. Kozlowski asked if this change was discussed back in December but yet this is the first the
Board is hearing of it. Mr. Barnaby noted there was a meeting in December with representatives of
the Town where the understanding was that Mr. Ross was looking to put together a group to further
discuss what was presented. Mr. Annino noted the group was put together, which he is a member,
where this change was scheduled to be discussed further. Mr. Annino was rather surprised that the
group is back before the Board with what he felt was not as good a presentation as what was given
to the Advisory Committee for the reasons for the changes. He noted the Advisory Committee is
represented by various departments as the project is all encompassing. He stated Chocolate
Factory, LLC will have to give the Town time to call a meeting of the Committee to review the
information presented and give its recommendation to the Board to digest.
Mr. Barnaby noted they would be happy to share the market study with the Committee as well as
the Board.
Mr. Annino asked for the status of the National Register designation which Mr. Barnaby reported
they currently have Part II approval where Part III is expected once certificate of occupancy is
obtained. Mr. Barnaby will send over the National Park Service Part II approval as well as the
allocation from the Massachusetts Historical Commission. Mr. Annino also asked for a realistic
schedule, in the form of a bar chart, as the project is quite a bit behind per the original presentation
as the Town needs real numbers and real dates. Mr. Annino explained that due to the scope of the
project it will have changing dates. He noted this is an important project to the Town considering
the historic nature of the building and it is important to make this successfiil but more importantly
to get the main building completed.
Mr. Aptowitz is not concerned with one change but does not want to see numerous changes. He
will wait to see the opinion of the Advisory Committee. As Chairman of the Light Commission
Mr. Aptowitz was unhappy that the project owes money right off the bat and to be sure to get it
right.
Mr. Kozlowski does not want to see the difference in a few units to derail a project of this
magnitude and would like to have all the information in order to proceed. He would like to see this
project succeed.
Chairman Dentino looks at this differently in that this is a monster of a development situation
where finances have always been an issue, referencing historical status as well as other monies.
The Chairman furthered that now that there is a partner in place they have taken their own
development and real estate staff and conducted this new market study resulting in the proposed
changes in unit breakdowns. The Chairman felt that Chocolate Factory, LLC now has the ability
to move for financially but that being said the partner makes for another situation where their
input is going to have the greatest value out of the three entities (Chocolate Factory, LLC, partner
and the Town). He felt the group needs to put forth what their partner is thinking as the partner is
in for about $7 million. He agreed this is a big thing for the Town and lie would like to see it
succeed.
Mr. Aptowitz suggested that the Advisory Committee meet prior to the Board's next scheduled
meeting on July 1, 2015. Mr. Annino does not want to hurry the process as this is a big decision.
Board Of Selectmen's Meeting kme 17, 2015
Page 5 of 9
Mr. DelVeccbio noted that Chocolate Factory, LLC has agreed to get the information quickly and
that the Advisory Committee concurrently should be scheduling a meeting. Mr. Riccio felt it was
incumbent on Chocolate Factory, LLC to get the information to the Advisory Committee as soon
as possible and to be sure it is impactful so that the result is a productive meetine.
Motion: That a Town of Mansfield Special Election be held on September 15, 2015
(Kozlowski/Amrino)
Discussion:
Mr. DelVecchio is concerned this is the last legal date. Mr. Aptowitz noted he has been asked by
residents for further information referencing plans /layouts. Mr. Annino agreed noting he would
like conceptual estimates and floor plans available.
Motion: That a Town of Mansfield Special Election be held on September 15, 2015
(Kozlowski /Amrino) PASSES 5:0
Motion: That a Ballot Question for a Debt Exclusion in accordance with the 2015 Annual Town
Meeting vote pursuant to Article 3 be placed on the ballot at such Special Election as follows:
Shall the Town Of Mansfield be allowed to exempt from the provisions of proposition two and
one -half, so- called, the amounts required to pay for the bonds issued in order to pay costs of
designing, constructing, originally equipping and furnishing a new combined Department of
Public Works Garage and Public Safety Complex facility, including the payment of all costs
Motion: To execute the temporary construction and access casement and resolution for the
parcels located at 184 Park Street, 222 East Street, 226 East Street and 245 East Street regarding
Safe Routes to School project (Kozlowski/Annino) PASSES 5:0
Motion: To execute the declaration of public land for temporary construction purposes and
perpetual public access for the properties located at 240 and 245 East Street regarding Safe Routes
to School project (Kozlowski / Annino) PASSES 5:0
Motion: To execute proposed parking layout as shown (Kozlowski /Armin) PASSES 5:0
6 : , Considefation .Of: Board Of Schnen Particip( SaRtinPg EDOD n )�he utheastern- RegonalS
SotheasernMassachusetts Pli nmg =And cononneDevelopmentDistrict' s = -
Metropohtan'Planuing Organizatigri (SMMPO)
The Board onted not to Darticipate as it is well represent by Lee Azinheira_ DPW Director. and
Boards and Committee member Austin Horowitz.
Board Of Selectmen's Meeting June 17, 2015
Page 6 of 9
7. Consideration ,Of Re- Appointment _ Of Towir Manager William .Rossi To The MFN
Waste�ti'ater District ForA Three.Year Tee m To Expire June 30; -2 i
Motion: To re- annoint Town Manager William Ross to the MFN Wastewater District for a three
term to expire June 30, 2018 (Annino/Kozlowski) PASSES 5:0
None
a. Vote To Approve Board of Selectmen Minutes June 3, 2015 and Board of Selectmen Minutes
b, Vote To Approve Warrants:
• Town Vendor Warrant No. 15050T in the amount of $680,855.30
• Electric Department Vendor Warrant No. 15050E in the amount of $867,976.75
• School Department Vendor Warrant No. 150505 in the amount of $542,303.03
• Town Vendor Warrant No. 15051T in the amount of $11,050.24
• Electric Department Vendor Warrant No. 15051 E in the amount of $399,962.64
c. Licenses And Permits:
• Consideration Of Drainlayers License For Jones Contracting Inc.
• Consideration Of Water Installer's License For Jones Contracting Inc.
• Consideration of Water Installers License For CN Corp.
• Consideration of Hackney Drivers License For Richard Pouliot For Already Taxi
• Consideration Of Hackney Drivers License For John Geertgens For Already Taxi
d. Events And Signage:
• Consideration Of Signage Request For MMAS Production Of 1776 On The North
Common
• Consideration Of Banner Request For Mansfield Youth Basketball Registration
• Consideration Of Event And Banner Request For Jamie Fund 5K, August 22, 2015 Subject
To Recommendations From Public Safety Departments
• Consideration of Banner Request For Parks And Recreation Department For Karate
Registration
Motion: To approve the Consent Agenda as presented (DelVecehio /Aptowitz) PASSES 5:0
Mr. Annino noted the 1776 sienaec was
• Town Payrolt/Town Medicaid Payroll 1505OPT in the amount of $340,288.83
Motion: To approve Town Payroll /Town Medicaid Payroll 1505OPT $340,288.83
(Kozlowski /Aptowitz) PASSES 5:0
• Town Deductions — Vendor Payroll 15050TV in the amount of $101,158.26
Motion: To approve Town Deductions — Vendor Payroll 15050TV $101,158.26
(Kozlowski /Aptowitz) PASSES 5:0
• Town Payroll /Town Medicaid Payroll 15051PT in the amount of $446,147.59
Motion: To approve Town Payroll /Town Medicaid Payroll 15051PT $446,147.59
(Kozlowski /Aptowitz) PASSES 4:1 Dentine, NAY
• Town Deductions — Vendor Payroll 15051TV in the amount of $131,577.83
Motion: To approve Town Deductions — Vendor Payroll 15051TV $131,577.83
(Kozlowski /Aptowitz) PASSES 5:0
Board Of Selectmen's Meeting June 17, 2015
Page 7 of 9
• School Payroll /School Medicaid Payroll 15051PS in the amount of $2,709,391.49
Motion: To approve School Payroll /School Medicaid Payroll 15051PS $2,709,391.49
(Kozlowski/Aptowitz) PASSES 5:0
• School Deductions — Vendor Payroll 15051SV in the amount of $901,148.44
Motion: To approve School Deductions— Vendor Payroll 15051SV $901,148.44
(Kozlowski /Aptowitz) PASSES 5:0
• Receipt Of SRPEDD 2015 Annual Report And Listing Of Representatives
• Receipt Of Invitation To Attend Plaimidge Park Casino's Grand Opening, June 24a'
Mr. Annino would like a follow up regarding the mitigation money, if it has been received
and what it is beine used for.
No Town
Mr. DelVecchio had the opportunity to attend a conference today at Boston University called Our
Towns Tomorrow: Infrastructure, Investment and Economic Development.
Mr. DelVecchio would like to see the Budget Subcommittee meet relatively soon.
Mr. Kozlowski reported that the Recreation Commission met last evening as part of the Open
Space project where a new 2 mile fitness course has been supported. I-Ie will keep the Board
posted on the progress. The project is under the purview of the Recreation Department and
Katelyn Merrill, Conservation Agent.
Mr. Aptowitz would like an update regarding the status of the Montesorri School leasing issue.
Mr. Aptowitz would like a review of any outstanding detail monies.
Mr. Aptowitz would like to set a date for the next Light Commission meeting.
Mr. Aptowitz noted he is being asked by residents about the gas line on Main Street and a
completion date. Mr. Riccio will follow up with Lee Azinheira, DPW Director.
Mr. Aptowitz would like an update on the mural as he has heard complaints from residents. It is
his understanding that the artist has until June 30t".
Mr. Aptowitz stopped in to meet Powers and Sullivan, the Town's new auditors, who are currently
working in Town Hall.
Chairman Dentino commended the residents of the Town for the outpouring of support regarding
the passing of Shane Farrell. He cannot thank the community enough. Chairman Dentino also
noted the tremendous guidance provided by Superintendent Giarnetti and his staff and offered his
sutmort to the bus driver.
Mr. Riccio explained to the Board that the office has been asked by Jacqueline Boudreau, Town
Treasurer /Collector, to execute the $2,000,000 Bond Anticipation Note, approved at Town
Meeting (Article 12, Motion 3) for road and sidewalk repairs. This is a timing issue since the
Board Of Selectmen's Meeting June 17, 2015
Page 8 of 9
Board is not scheduled to meet prior to the June 30th deadline. Mr. DelVecchio is recusing himself.
Chairman Dentino approved signing of the bond.
15. Adjourn
To adjourn Board of Selectmen's Meeting at 9:07PM (Aptowitz/Annino) PASSES 5:0
.:...,:ice....._. ,_.
Signature of Clerk
/tdw
-7-1—(S--
Date of Approval
Inchides:
Email from Michael Trowbridge to the Board regarding request for amending Dehelopment
Agreement by Chocolate Factory, LLC
Electronic copy of video presentation by Chocolate Factory, LLC
Board Of Selectmen's Meeting June 17, 2015
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