HomeMy WebLinkAboutBOS MINUTES 12-30-2015Board of Selectmen Minutes
December 30, 2015
Present: George Dentino, Chairman; Jess Aptowitz, Vice Chairman; Olivier Kozlowski, Clerk;
Doue Almino. Frank DelVecchio and William Ross. Town Manaeer.
Chairman Dentino called the meeting to order at 7:24p.m. The Chairman reminded everyone that
the meeting is being broadcast live and taped for future broadcast on Mansfield Cable.
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Present before the Board are Ed Valanzola, Counsel for Branch Street Solar Partners, Joe Lynch,
Principle, Branch Street Solar Partners and Rod Hoffman, Town Counsel.
Mr. Ross began the proceedings by giving a brief overview of the Development Agreement. I-Ie
explained that a lot of work and consideration for the comments provided from the Board, staff and
the neighbors has been integrated on the Agreement and is one of the most extensive Agreements
he has been a part of. A site plan has been distributed to the Board which has been made a part of
the record.
Mr. Valanzola agreed that the Agreement resembled the continents provided by the Board, staff
and the neighbors over the course of months discussions and thanked Mr. Ross, Gary Babin, staff
and Rod Hoffman for their tremendous efforts. Mr. Ross also commended the work of Gar)' Babin
as he felt Mr. Babin contributed a great deal and ensured completion of the Agreement prior to his
retirement.
Mr. Annino asked about the parking area to which Mr. Lynch noted it was removed per the
neighbors request but a small sitting area with signage was left. Mr. Annino was impressed with
the Agreement noting the efforts of everyone working together.
Mr. Kozlowski referenced Map C4 noting there appears to be areas (along the path) with no
plantings and asked if the panels will be visible in that area to which Mr. Lynch explained that
there are existing plantings in those areas which were deemed sufficient therefore not shown on the
map. Mr. Lynch noted it is the intent and desire to ensure there is sufficient vegetation for
screening but if more plantings are necessary it will be addressed.
Mr. Aptowitz referenced the area where the corner of Branch Street and the bike path meet and
asked how far down the houses are as it is his concern that those residents will be able to see the
panels. Mr. Lynch noted those residents could see the panels from the second story. Mr. Annino
noted the Austrian Pines that are being planted are fast growing trees with a nice diversity. Mr.
Aptowitz also asked about melting siding where Mr. Valanzola noted the panels absorb sun only.
Robert Mattice, 288 Branch Street, asked with regards to the new plantings if the fencing will be
removed to which Mr. Lynch explained there is a 30' area from the edge of property to where the
panels will be located (setback) and the idea is to have the fence in the middle of that area. Mr.
Mattice asked if trees will be removed to which Mr. Lynch noted there are some supplemental
trees to the left of the access road. Mr. Mattice is concerned with the density of the trees and if he
will be able to see the panels. Chairman Dentino asked for the density of trees on the Branch Street
Board Of Selectmen's Meeting December 30, 2015
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side to which Mr. Lynch felt there are some open areas and much of those have been addressed.
He furthered if there are some areas that require more it is their intent to provide adequate
screening. Chairman Dentino looked to see some type of plan noting that intent to which Mr.
Valanzola suggested a memorandum of understanding/addendum if the agreement is in fact
approved this evening. Mr. Valanzola referenced wording "extent necessary to supplement the
buffer if its determined upon completion" and felt it to be a simple fix. Chairman Dentino
preferred additional verbiage of "to the Town's discretion ", which Mr. Valanzola agreed.
Robert Camp, 14 Lincoln Road, was concerned about the planned removal of the three very large
picturesque trees and asked that they remain. Mr. Camp requested that if any security cameras are
to be added to the site that wording be added to the Development Agreement that the cameras be
inward facing and felt that could be accomplished in an Addendum.
James Farley, 18 Lincoln Road, was happy to see that there has been a noise study commissioned
that will meet the DEP requirements. Mr. Lynch noted the study will be finished prior to
construction and results will be made available. Referencing Map C3 (existing vegetation), Mr.
Farley noted that from comer of Branch down about 285 feet the trees appear on the shorter size
but then are larger (over the 15 ft threshold) to which Mr. Lynch noted some may need to be topped
off and if not will need to be removed. Mr. Farley is concerned 1) there are currently a sizeable
number of hardwoods that will fall into that range for removal. In speaking with the landscaper, it
was reported that due to the AUL the stumps will not be able to be removed to which Mr. Lynch
stated if the tree is within the AUL then they cannot dig, so the stumps would remain. 2) Mr.
Farley did not see any plantings backfilling for those trees cut down but assumed there would be
and that they would be white pines. Mr. Lynch referenced C4 noting it would be a mixture of
plantings (white pines and chad blow) and it would be only the first 15 feet. Mr. Farley was
concerned that he will not have coverage for his first floor for five years.
Mr. Ross assured that Katelyn Merrill, Conservation Agent, will be watching this project carefully
and that the stumps will be ground down as much as possible.
Motion: To approve the Development Agreement between the Town of Mansfield and Branch
Street Solar Partners and to ensure ground level plantings along Branch Street are adequately
covered and to authorize the Town Manager to execute (Annino /DelVecchio) PASSES 4:1
Aptowitz NAY
Motion: To approve the Decommissioning and Escrow Agreement between the Town of
Mansfield and Branch Street Solar Partners and authorize the Town Manager to execute
(Annino /DelVecehio) PASSES 4:1 AntowitzNAY
Mr. Kozlowski understands that Mr. McClean could not be in attendance at this evening's meeting
and asked that this item be postponed until Mr. McClean can be made available. Chairman
Dentino did not feel Mr. McClean needed to be present as more than enough information was
provided but that Mr. Kozlowski could make a motion. Mr. Kozlowski reminded the Board that he
had asked that Mr. McClean be invited to interview for his reappointment and as the press ran with
the story it was his feeling that the information provided by Mr. McClean only addressed issues
within the news article and did not address the questions Mr. Kozlowski would like to ask him. It
was noted that Mr. McClean provided his application, qualifications, lengthy CV, and the
procedure followed with regards to the Board of Health's vote. Mr. Kozlowski would like to see
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where Mr. McClean stands on a few potential issues that may come before the Board of Health and
would prefer to ask him.
Chairman Dentine, questioned how many other appointments /reappointments were unable to
attend a request for an interview that the Board then went ahead and voted on. The Chairman
reminded that Mr. McClean has had an appointment (2010) and reappointment in (2012) where lie
was not questioned.
Mr. DelVecchio agreed with Mr. Kozlowski as far as the Board should have the opportunity to
interview reappointments even if the reappointment is unopposed but felt in this case Mr. McClean
was being singled out as he is being called to task for a vote, which Mr. DelVecchio felt Mr.
McClean to be an authority on. Mr. Atmino was blown away by Mr. McClean's resume and felt a
better approach would be to have the entire Board of Health present to answer questions with
regards to its vote to raise the age to purchase tobacco products. Mr. Annino furthered this to be a
dangerous precedent.
The Board's discussion moved to the difference between reappointment vs removal, permissible
reasons not to reappoint someone and the impact on past and future votes when reappointment is
questioned.
Motion: To reappoint Michael McClean to a three year term on the Board of Health to expire
January 1, 2019 DelVecchio / Annino) PASSES 4:1 NAY Kozlowski NAY
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found the following:
• Original easement was granted in 1982 by the Town, through the Town Meeting and Board
of Selectmen, to Bonwood Development. Mr. Ross summarized that the documents allows
Bonwood to utilize parking in a specific area of the Trail immediately adjacent to and east
of property owned by Bonwood, on the north side of East Street, extending up to property
owned by Mansfield Housing Authority.
• Original Master Deed for first Fairfield Park Condominium is entitled to Fairfield West
and references parking along the trail and shows parking spaces allocated by both number,
as to unit, and the letter U, for "unassigned ". Master Deed further states those spaces
adjacent to and east of Parcel D, which is a separate parcel that was owned by Bonwood, is
not allocated to Fairfield West but is held for future use for development on Parcel D.
Parcel D is current location of Fairfield East Condominium.
• Special Permit Applications for both Condominiums shows internal allocation of spaces
between Fairfield West and Fairfield East to be clouded as the Special Permit contains only
requirements as to the improvement of parking areas but not allocation of the spaces.
Mr. Atmino commented that each Fairfield East resident should have condominium documents
with the designation for parking.
Mr. Ross summarized that the Town granted an easement to Bonwood for parking; Bonwood then
allocated spaces among two parcels of land that it owned. It was Mr. Ross' determination that the
issue of allocation of spaces between Fairfield West and Fairfield East is a private matter that
should be pursued by the respective condominium associations. Mr. Ross noted that he also had a
Board Of Selectmen's Meeting December 30, 2015
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conversation with a representative of the Fairfield West Condo Association who indicated there is
a difficulty between the two associations.
Mr. Aptowitz did not believe that ownership was ever conveyed to Fairfield West, meaning that
the spaces were not deeded, just assigned. Mr. Aptowitz asked if the Planning Board defined
spaces per unit when Fairfield East was built, to which Mr. Ross responded that he is still looking
for that information. It was the feeling of both Mr. Aptowitz and Mr. Annino that it was one space
per unit as there just isn't enough parking in the area for two spaces per unit. Mr. Aptowitz agreed
there is a shortage of parking in that area but noted when Fairfield East residents purchased their
unit it defined as one space per unit therefore the situation is a private matter and as there is only so
much parking the Town cannot have everybody parking where they feel like it.
Marc Songini, resident of Fairfield East, explained that the residents are not asking for two spaces
per unit but on a first come first serve basis if they could leverage what is already there. Mr.
Aptowitz again stated that is a private matter to which Mr. Songini stated the residents would like
to petition the Board to be able to use the Municipal lot.
Mr. Annino stated the Municipal lot is off limits as it is not the Town's obligation to provide
parking for everyone in Town. Mr. Annino told Mr. Songini if he would like to pay for parking he
should try to lease a spot privately. Mr. Songini asked if that could be deducted from their taxes to
which Mr. Annino strongly noted that Mr. Songini purchased a condo in a development knowing
full well what was offered for parking and now cannot come back and ask for additional otherwise
the Board would have every developer /development asking for additional parking. It was Mr.
Armino's feeling that the Town's only obligation for parking is to the Town as a whole, merchants
in the Downtown and the people who use those merchants.
Mr. Songini challenged the Winter Parking ban where there is currently no snow to which Mr.
Armin stated the ban is there for good reason and pertains to everybody and no exception will be
made just because someone has no parking.
Justin Brown, 49 Fairfield Park, is concerned that the Town has created an artificial parking
shortage in this area where residents cannot park anywhere in the Downtown area. Mr. Brown
stated he had to walk three quarters of mile home on untreated sidewalks from his job. He asked if
lie slipped and fell if the Town would pay his medical bills to which Mr. Annino felt a threat does
not mean the Board must provide parking and questioned why the Town has to provide parking
because Fairfield East residents cannot abide by its parking. Mr. Brown then challenged tine
Winter Parking ban to which Mr. Annino stated the ban has been in place for years. Mr. Brown
stated he parking his vehicle on Park Street all last winter and never received a ticket whereas in
the first week of December he received three.
Ms. Songini commented she has also received tickets and felt Mr. Annino was being rude and
unfair.
Mr. Ross suggested that the group of residents approach the Housing Authority who may have
spaces available on the North side of Park Street that are seldom used and as he did not know for
sure they may be willing to lease some of those spaces. Mr. Ross seriously doubted if Mr. Brown
parking all winter on Park Street without a ticket especially given last winter's conditions.
Chairman Dentino clarified that the Housing Authority is not a part of the Town but a State group.
Board Of selectmen's Meeting December 30, 2015
Page 4 of 7
Mr. Ross also questioned if there was another location for the dumpster which could free up
spaces.
Mr. Aptowitz commented as this is out of the Board's prevue perhaps the two condo association
could sit down and have a civil conversation to solve this issue. He noted the Board tries to make
everyone happy but sometimes it just can't. Mr. Ross was told that the relationship is somewhat
acrimonious.
Mr. Songini asked the Board to entertain the notion that a petition will be submitted by Fairfield
East that they can have reasonable access to parking spots in the now empty Municipal lots when
there is no snow. He cannot understand why there is a ban when there is no snow. Mr. Aptowitz
explained that the Chief of Police is in charge of road safety and explained the reasoning behind
the ban is to ensure that no vehicles are parked on the roadways if there is impending snow. Mr.
Songini stated they are responsible and reasonable and will move the vehicles if it does snow.
Mr. Kozlowski summarized that the last time Mr. Songini was before the Board it promised to look
into the matter, which it has and has found it to be a private matter. He suggested that the residents
now locate the Master Deed to see specifically how the spaces for Fairfield East are designated.
Mr. Kozlowski recognized that Mr. Songini is not management for Fairfield East and strongly
recommended that those who manage Fairfield East and Fairfield West should have a conversation
to resolve the rights to those spots. It is Mr. Kozlowski's concern that so much of the Downtown
was permitted with 1 or 1.5 spaces per unit and allowed to happen and now everyone is paying the
price for that and if the Board was now to say Fairfield East can park there then there will be
numerous requests to do the same. He also questioned the practicality of letting vehicles park
because there is no snow and then having vehicles removed when needed.
It was clarified that the disputed area of parking are within the area that Bonwood originally
allocated to Fairfield West and designated with a "U ". Mr. DelVecchio felt this to be an
unresolved parking issue in the Downtown that perhaps will need to be looking into fru•ther. Mr.
Ross did not feel access to the Municipal lot is the answer. Both Mr, and Ms. Songini promised
that they would be respectful of the weather and would move vehicles if it were to snow.
None.
a. Approval Of Board Of Selectmen Minutes For December 16, 2015
b. Vote To Approve Warrants:
• Town Vendor Warrant No. 16025T in the amount of $216,418.22
• Electric Department Vendor Warrant No. 16025E in the amount of $61,615.52
• School Department Vendor Warrant No. 16025S in the amount of $424,044.83
• Town Vendor Warrant No. 16026T in the amount of $910,290.53
• Electric Department Vendor Warrant No. 16026E in the amount of $2,307.07
• School Department Vendor Warrant No. 16026S in the amount of $4,176.17
c. Licenses And Permits:
• Consideration Of 2016 Drainlayer's And Water Installer's License For Jones Contracting,
Inc.
Board Of Selectmen's Meeting December 30, 2015
Page 5 of 7
• Consideration Of 2016 Drainlayer's And Water Installer's Licenses For Peter DeGirolamo
& Sons, Inc.
• Consideration Of Fee Waiver Request For LaFratta Electrical, Regarding Electrical
Service Work At Mansfield Municipal Airport
• Consideration Of 2016 Water Installer's License For Riccio Excavation Co.
d. 2016 License Renewals
Common Victualler License For Cold Stone Creamery
Common Victualler License For COSI
Motion: To approve the Consent Agenda (DelVecchio /Aptowitz) PASSES 5:0
• Town Payroll /Town Medicaid Payroll 16025PT in the amount of $313,582.39
Motion: To approve Town Payroll/Town Medicaid Payroll 16025PT in the amount of
$313,582.39 (Kozlowski/Aptowitz) PASSES 5:0
• Town Deductions — Vendor Payroll 16025TV in the amount of $97,086.54
Motion: To approve Town Deductions — Vendor Payroll 16025TV in the amount of
$97,086.54 (Kozlowski /Aptowitz) PASSES 5:0
• Town Payroll /Town Medicaid Payroll 16026PT iii the amount of $313,182.84
Motion: To approve Town Payroll /Town Medicaid Payroll 16026PT in the amount of
$313,182.84 (Kozlowski /Aptowitz) PASSES 5:0
• Town Deductions — Vendor Payroll 16026TV in the amount of $102,170.57
Motion: To approve Town Deductions — Vendor Payroll 16026TV in the amount of
$102,170.57 (Kozlowski /Aptowitz) PASSES 5:0
• School Payroll /School Medicaid Payroll 16026PS in the amount of $1,543,241.35
Motion: To approve School Payroll /Town Medicaid Payroll 16026PS in the amount of
$1,543,241.35 (Kozlowski /Aptowitz) PASSES 5:0
• School Deductions — Vendor Payroll 16026SV in the amount of $501,870.89
Motion: To approve School Deductions — Vendor Payroll 16026SV in the amount of
$501,870.89 (Kozlowski /Aptowitz) PASSES 5:0
• Animal Welfare Committee
o Lori Zola For A 3 Year Alternate Member Term To Expire January 1, 2019
Motion: To reappoint Lori Zola (Kozlowski /Aptowitz) PASSES 5:0
• Receipt Of Contract For Wastewater Collection And Treatment Service Between The
Town Of Mansfield And The Town Of Easton, Executed By The Town Of Easton
Mr. Ross noted Easton has executed the agreement and returned to the Town Manager's
office. Mr. Ross reminded the Board that it has alreadv anoroved the agreement.
Mr. Ross, in following up on Mr. Kozlowski's previous request, found there are issues in one small
section of the Mural and that the Committee is bringing in an expert from Rhode Island.
Mr. Ross reminded that the Board is in receipt of the DRAFT Personnel Policies and would like to
schedule further discussion some time in January.
I3oard Of Selectmen's Meeting December 30, 2015
Page 6 of 7
Mr. Ross noted that Town Hall and its offices will be closing at 12:00pm tomorrow (Thursday,
December 31") for the New Year's holiday and will be closed on Friday. January 1st as well.
Mr. DelVecchio apologized for missing the Board's last meeting as he was called away on
business for his company's annual Stockholders Meeting.
Mr. DelVecchio looked for confirmation that the Industrial Development Committee would be
presenting to which Mr. Ross confirmed it will be at the Board's next meeting on Wednesday,
January 6 °1
.
Mr. Annino distributed material to the Board: What Is Community by David Orr and the Ten
Commandments of Community Development, which has been made part of the record.
Mr. Aptowitz asked if the Board could approve a Proclamation for Nick Riecio, former Building
Inspector, to which it was the consensus of the Board to create one.
Mr. Aptowitz would like to schedule a Budget Sub - Committee meeting to coincide with a Board
of Selectmen's meeting.
Mr. Aptowitz commented that he was disappointed to read of the incident at the Town Manager's
office in the newspaper. He asked that in the future information of that nature should be
communicated to the Chair who would then disseminate to the remainder of the Board. Mr. Ross
explained that his office is working on a solution as far as a security measure.
Mr. Aptowitz is concerned with train station area in terms of disrepair, referencing the platforms
and the old boxes. Mr. Ross would look into have the DPW remove the boxes.
Chairman Dentin hoped everyone enjoyed the holidays wished everyone a Happy New Year.
Chairman Dentino commented on the medium family income of $94,000 for the Town and
compared to surrounding communities such as Attleboro, Wrentham and others.
Chairman Dentino asked for the status of the Montessori School agreement to which Mr. Ross
stated he would follow up and bring that discussion back before the Board.
None.
Motion: To adjourn
PASSES 5:0
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Signature of Clerk
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Board Of Selectmen's Mecting December M, 2015
Page 7 of 7
meeting at 9:38PM (Kozlowski/DelVecchio)
l- Zo -/6
Date of Approval