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HomeMy WebLinkAboutBOS MINUTES 5-06-2014Board of Selectmen Minutes May 6, 2014 Present: Jess Aptowitz; Chairman, Doug Annino; Vice Chairman, Kevin Moran; Clerk, George Dentine, Olivier Kozlowski and William Ross; Town Manager The location of this meeting is the Mansfield High School Cafeteria. Chairman Aptowitz called the meeting to order. To open the Board of Selectmen's Meeting (Kozlowski /Annino) 6:13pm PASSES 5:0 Mr. Ross reminded the Board that a memo was sent to them electronically from Shama Burke, Town Planner, which stated that per Rick Alves, Town Engineer, and Mike Ahern, Buildings and Special Projects, that all punch list items have been completed. The Board signed the mylar for Camden Lane. t Chairman Aptowitz read the motion into the re vote was 4:1 with Mr. Kozlowski as the NAY vote. Chairman Aptowitz noted that the residents of Tracy Circle, which abuts the trail, are currently meeting with Lou Andrews, Chairman of the Airport Commission and member of the Natural Resources Trust, and the Engineer for Mansfield Municipal Airport, to see if there could be a resolution to the number of trees and which trees were to be removed to fall into compliance with the FAA guidelines of obstructions to the glide path. Mr. Dentine would like an explanation regarding what seems to be a large amount of trees outlined to be removed. Mr. Ross explained the trees outlined in the Article intrude into the glide slope of the runway at the Airport and per the FAA and the State need to be removed. Mr. Ross advised the Board that these appropriations affect all four of the runways and if the Town and Airport do not meet the guidelines the FAA could ask for its money back to which Chairman Aptowitz asked what the likelihood to that was. Mr. Ross stated it is a 50 -50 chance the Town and Airport would be taking. Mr. Ross also noted that if the trees are left and continue to grow and intrude into the glide slope that the Town would be liable if there were and accident. Mr. Dentino inquired about a known property that intrudes as well to which Mr. Ross noted that the property in question does not and has not shown up on any drawings. Mr. Ross also explained that the mitigation between the Airport Commission and the residents of Tracy Circle (coinciding with this meeting) would be setting money aside for re- plantings to which he felt the FAA would accept but advised would not pay for. Mr. Ross fti Cher explained that the neighbors in Tracy Circle had made amendments to the Article and Motion that the Airport Commission did not accept. He also told the Board that the Conservation Commission hasjurisdiction over part of this project and that Katelyn Merrill, Conservation Agent, assured there would be no "lop and drop" of white pines which would just be left. Mr. Ross reported there may be an amendment but the Article will not be re- written. Board of Selectmen Meeting — May 6, 2014 Mr. Dentino was concerned about the language used to describe the removal of trees to which Mr. Moran pointed out that was an FAA description from a website and in no way appeared within this Article. Mr. Kozlowski noted that Ms. Merrill has identified and marked trees that lie in the wetlands. Mr. Kozlowski asked if there is a tree within the wetland are that is considered an obstruction, who wins the battle of removal to which Mr. Ross noted the FAA. Chairman Aptowitz explained that if the neighbors at Tracy Circle and the Airport Commission are amenable to an amendment there will be a written amendment given to the Moderator on the Floor. Mr. Ross left to check on that meeting and upon his return noted an agreement had been reached between the two groups at 6:34pm. The amendment to Article 11, Motion 2 was distributed to the Board. Chairman Aptowitz asked if the Board needed to vote prior to Town Meeting on the restriction. Mr. DeRensis noted it is within the scope and to re -open the Board's previous vote. Motion: To reconsider Article 11, Motion 2 (Dentino /Annino) PASSES 4:0:1 Kozlowski ABSTAIN Motion: To support Motion 11, Motion 2 with the proposed amendment (Moran/Annino) PASSES 4:0:1 Kozlowski ABSTAIN Chairman Aptowitz noted the Town received a letter from the owners of Foundry, LLC's attorney which felt the Town is in violation with respect to the public safety detail fee charged to the lot. Paul DeRensis, Town Counsel, suggested that the issue be moved to a future Board of Selectmen's meeting to allow time for his office to review the opinion. Mr. Ross noted that there will be a re- organization at the next meeting following Town Election on May I P and to schedule this discussion after that time. Mr. Ross recommended that Foundry, LLC be able to operate as normal and that an Executive Session may be in order. Motion: To recess until end of Town Meeting 6:40pm (Moran/Annino) PASSES 5:0 Board of Selectmen Meeting — May 6, 2014