MINUTES OF THE BOARD OF SELECTMEN MEETING
MONDAY - OCTOBER 4, 2004 - 7:00 PM
WILLIAM HILTON CENTER
PRESENT: Selectmen Robert Carroll Chairman, Anthony Papoulias, Henry Richenburg, Jerry Klima
ABSENT: Sel. Hunt
ALSO PRESENT: Neil Harrington, Town Manager and Janet Flannery, Secretary
I. Call to Order/Salute to the Flag
Chairman Carroll called the meeting to order at 7:02 PM.
II. Acceptance of Minutes - none
III. Old Business - none
IV. New Business
License Renewals - no applications received
b. New Licenses:
Greg Kaknes of LandscapeXpress applied for an Earth Removal Permit and explained he had originally applied for a General License to operate his business at 109-113 Rabbit Rd. He appeared before the Planning Board and the Conservation Commission, who approved his plan in one night; he then did all the work required of both Boards and he showed photos of the property before and after his work. The General License he had applied for has been tabled several times, so in the meantime he was at the site preparing it for his business. His business is solid blending and all this permit is for is to remove between 2,000 & 3,000 yards and that is all. However, he was stopped by the building inspector last week because he did not have a license; he told the inspector that the Chairman of the Board of Selectmen assured him he would not be shut down but that didn’t matter. Meanwhile the dirt is all screened and ready to be moved.
Sel. Richenburg asked if the earth has been tested for contaminants and Mr. Kaknes said to his knowledge it has not been but he did take samples today and sent them off to the lab for testing. Sel. Richenburg wants to make sure that if the soil is not contaminated and if it is who is liable and wants to make sure that when the pile is removed the land remains at the same elevation and no deeper.
Sel. Klima’s concern is with what is being removed and what the finished grade will be. As for the contamination he doesn’t think the Town would be liable in any way since it is privately owned and the Town never owned it. Mr. Kaknes said he is not excavating so the land will be level as it is now.
Motion by Sel. Papoulias, Seconded by Sel. Klima; Voted to approve the Earth Removal Permit and allow Mr. Kaknes to remove the 3,000 cu. yard of earth subject to the conditions set forth by the DPW Director, Don Levesque (copy of which is attached to these minutes) and that Mr. Kaknes returns to the Board on Oct. 18th for a General License. VOTE: 3 yea’s; Sel. Richenburg opposed. Motion carried.
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve a General license to Addside - 194 Lafayette Rd.
c. Committee Appointments - none
d. Vote to sign the Presidential Election Warrant
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to sign the Presidential Election Warrant as submitted by the Town Clerk.
V. Comments by Visitors
Ms. Mary Magrane of Northend Blvd. Addressed the Board re: the issue of Jacqueline Webster of Seabrook Rd. claiming that the Manager refuses to speak with her Attorney and to turn the deed over to her and therefore requested the Board to instruct him to do so. Mr. Harrington stated that after the last meeting he received a call from Town Counsel reporting that Ms. Webster had misrepresented the Board and told her attorney that the Board voted to deed the property to her at the last meeting when in fact they had not. Her lawyer has not been able to establish a clear title to the property and she needs to have the proper legal research done and then come to the Town – it is not incumbent on the Town to do anything until this is done; all he has asked Ms. Webster to do is to have her attorney do the research. Sel. Richenburg agrees the town should try and help the woman but it is clear that there is no clear title and there is no reason for the Town to take on the expense of proving a clear title; her lawyer should be in contact with Kopelman & Paige. Mr. Harrington said he would be happy to talk to her attorney himself but he has never called him.
VI. Sewer/Water
Lisa Robinson re: 78 Lafayette Rd. Sewer Tie-in
Eric Botterman of Millenium Engineering, representing Lisa Robinson asked permission for her to tie in to the sewer line at 78 Lafayette Rd. which is the site of the former Farmhouse Antiques. Apparently it has no existing septic system; about a month ago they tried to find a test pit and couldn’t find anything suitable. That is the request for the request since there is a municipal force main and they would like to tie directly into it as it passes by the property. He said that Mr. Levesque has a problem with the tie-in. Mr. Levesque stated that the main Mr. Botterman is talking about is dedicated for the school and there was a recommendation that nobody tie into a force main and the big issue is the system itself isn’t geared to handle a force main tie-in and he strongly recommends that the Board not allow anyone to tie into this force main. He also cited a situation on Gerrish Rd. Where two individuals were refused permission to tie into a force main. He then suggested that they may want to entertain the idea of running 550 feet of line and tie into the Allen Drive main. Sel. Richenburg agrees with Mr. Levesque for he has seen similar situations in other areas and Mr. Levesque is absolutely correct in his reasoning.
Sel. Klima asked if there are any other properties who could share the cost of a gravity line. Mr. Levesque said there’s been an issue near Allen Dr. Of someone who was allowed to tie in, but it is not a force main; there are 4 to 6 people who could use that system and if the sewer is extended up Lafayette Rd. They would be liable for a betterment.
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted not to allow the tie in to the force main at 78 Lafayette Rd.
VII. Correspondence - none
VIII. Hearings
7:30 PM - Access Fee Appeal
Prior to the Hearing opening Chmn. Carroll indicated to the applicant that there are only 4 Selectmen present tonight and Sel. Richenburg is going to recuse himself because he has a family member closely involved in this situation. He then gave Mrs. Torrissi the opportunity to postpone the hearing until the next meeting if she would like to have 4 members rather than 3. She chose to have the Hearing tonight.
Sel. Richenburg then recused himself.
Motion by Sel. Klima, Seconded by Sel. Papoulias; Unanimously voted to open the Hearing at 7:35 PM.
Sel. Carroll read the letter from Ms. Torrissi dated Sept. 2, 2004 requesting this hearing and a copy is attached and made part of these Minutes. Ms. Torrissi then read her statement and a copy is attached and made part of these Minutes.
Sel. Papoulias felt that the rebate should be given based on the date she received her building permit. Sel. Klima said his feeling was when the regulations were approved it was for outstanding building permits without occupancy permits but not for people who had already had their water turned on. Therefore, he would like to get more information from the water department to find out how many people are in this same position.
Sel. Carroll said if the Board does agree with the appeal there is a strong possibility that the people who had a building permit are likely to come forward and ask for a return of their access fee. If the access fees are not collected the money will have to be collected from the water and sewer users.
Dan Dastoli of Brissette Ave. Stated that Ms. Torrissi is requesting individually, not for everyone and each case should be treated individually.
Sel. Klima said he feels he would like to look deeper to see how many people are in this position and would like to continue the hearing and make a decision at that time.
Motion by Sel. Klima, Seconded by Sel. Carroll; Voted to continue the Hearing until the next meeting of Oct. 18th at 7:30 PM. VOTE: 2 yea’s - Sel. Papoulias opposed. Motion carried.
8:00 PM - Hearing to Discuss Proposal for Revising the Water & Sewer Regulations
Motion by Sel. Klima, Seconded by Sel. Papoulias; Unanimously voted to open the Hearing at 8:10 PM.
Sel. Carroll read a statement pertaining to the Restaurant/Lounge water & sewer access fee proposal, a copy of which is attached and made a part of these Minutes.
Sel. Klima said the water department did a survey of all the restaurants and lounges and they came up with a much lower usage than what was forecast and it seemed relatively inconsistent from one restaurant to the next and it made sense to reduce the access fee based on that assumption.
Questions were taken as follows: Mr. Carnavalle working with and speaking for the owner of the new China Buffet referred to Mass. State Code and had a question about the size of the pipe and the amount of water per minute and he was told they will be allowed to measure the usage over a year in order to determine what the fee will be.
Mr. Dean of 21 Baker Rd. Asked what the cost would be for 200 seats in a restaurant, but that information was on the handout and Sel. Carroll suggested that these be voted on at a future date.
Mr. Takesian, Chmn. Of the Water Advisory Committee said they have not met on this issue, but thinks it is a step in the right direction but that the question now is going to come up for restaurants then the hotels, etc. He recommended there be a total overview and that it is best to stay away from EQR’s for estimates are not realistic.
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to close the Hearing for tonight at 8:35 PM.
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to set another hearing for October 18th at 8:00 PM to continue the discussion on the proposed water and sewer access fee changes.
IX. Town Manager’s Report
Mr. Harrington summarized his written report, a copy of which is attached and made a part of these Minutes. As part of the Manager’s report the signing and posting of the warrant for the Town Meeting was mentioned and the Board felt a vote was required. Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to approve and sign the Warrant for the Annual Fall Town Meeting.
X. Selectmen’s Report
Sel. Klima announced that the Hearing for the re-zoning of the beach commercial district is being held tomorrow evening, Oct. 5th at 7:30 PM at the school.
Sel. Carroll said that the Board, Manager and Town Counsel have been in contact with the EPA re: the Town’s compliance with the conditions set forth in the sewer grant and are trying to set up a meeting, prior to the town meeting of Oct. 25th.
XI. Executive Session - none.
XII. Adjournment
Motion by Sel. Richenburg, Seconded by Sel. Klima; Unanimously voted to adjourn at 9:20 PM.
Respectfully submitted,
Janet Flannery, Secretary
Approved:______________________________
Ed Hunt, Clerk