BOARD OF SELECTMEN MINUTES OF MARCH 12, 2007 MEETING

WILLIAM HILTON CENTER

 

PRESENT:     Selectmen Henry Richenburg, Chairman; Jerry Klima, Ed Hunt, Fred Knowles and Don Beaulieu

ALSO PRESENT:  Neil J. Harrington, Town Manager and Janet Flannery, Secretary

 

I.          Call to Order/Salute to the Flag

Chairman Richenburg called the meeting to order at 7:00 PM.

 

II.        Acceptance of Minutes

            Minutes of February 26, 2007

Motion by Selectman Beaulieu, Second by Selectman Klima; Unanimously voted to postpone approval until the next meeting.

 

III.       Old Business

            a.  Steve Paquette – LIP Proposal – 54 Beach Rd.

Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to remove from the table.

Mr. Paquette gave a brief overview as he did at the past meetings explaining the process he has followed.  As a result of his meetings with the Selectmen, Housing Partnership and Planning Dept. several issues have come up, including sidewalks along Beach Road, locating a play area for the children, increasing the setback buffer from Glenwood Ave. from 20 feet to 50 feet, and placing a restriction that there can be no conversions of 2 bedroom units being made into three bedrooms.  Mr. Paquette was in agreement to the conditions with the exception of the 50 foot buffer set back; however he did agree to build homes as far away from neighbors as possible without losing the ability to site 36 total units.

Discussion ensued and the Selectmen explained that they have two choices: one is to accept the LIP and have some control over how he builds it, and the other is to deny it and allow state housing officials to dictate terms that would be more lenient than what would be imposed by the Selectmen.  The Board, with the exception of Selectman Hunt, also pointed out that the town tried to fight Mass. Housing controlled 40B projects before and lost every time; having some control is better than having the project shoved down their throats.  Selectman Hunt said he would rather deny the support of the LIP and take his chance in court against state housing officials. Selectman Klima had prepared a draft of “proposed 54 Beach Road Selectman conditions” that each Selectman received as well as Mr. Paquette.

Chairman Richenburg stated that these were very good conditions presented by Selectman Klima to help alleviate the problems and he would like to stand a fighting chance with a developer rather than have it go through Mass. Housing where the Town would have no say.   At this point discussion was opened up to the audience.

Bob Cox – 22 Glenwood Ave., said he’s not against 40B’s and this is not a protest but his land is under water from spring time through June and goes into his basement up to 3 inches below his furnace which is a result from a development that was allowed to be built the next street over; the street has also collapsed three times in 14 years and his driveways and lawns have also collapsed.  He’s afraid that by allowing this new development, it will destroy nature and any protection they do have against the water. 

Another resident expressed his concern with the increase of children resulting in increased class sizes; Ken Sprague said he used to skate on that land and he now walks the new development on Ferry Road every night and just about every basement on Glenwood is being pumped out every day. 

 

BOARD OF SELECTMEN MINUTES OF MARCH 12, 2007 MEETING

 

Bonnie Toner – 8 Glenwood Ave., invited Mr. Paquette to look at her property at any time and stated that since 2005 she has spent $8,000 to remedy the water problem in her basement.  She appealed to him to look at his conscience and see what problems he will create for the people on Glenwood Ave.  She also asked him if he would just walk away from the project because the residents were going to fight him every step of the way.  His response was that he may not get a permit for the project from DEP, but did not say he would walk away from it prior to that.

 

Ms. Zuzick – 13 Glenwood Ave., has owned her home for 3 ˝ years; the first spring had 7 – 8 inches of rain fall in 24 hours and she got 4 inches of water in her basement.  Any time there is more than 2 inches of rain in Town she gets water and the sump pumps run constantly.  She feels this new development will cause many problems for Glenwood Ave. and suggested it be built in another area in Town.

 

Ms. Belleville – 2 Glenwood Ave., stated her house is considered the “dry” one, but she is pumping water about every 10 minutes now and she doesn’t know what will happen with any more ground water run-off.

 

Mr. Hull – Corner of Beach Rd. and Glenwood Ave., said he’s lived there 30 years and has water in his cellar now and his backyard looks like a swimming pool.  If this project goes in it’s going to make things worse.

 

Ms. Barbara Thomas – Dock Lane just wanted to state that her family moved to Town in 1943 and her mother owned all of Glenwood Ave. and there were two ponds there where the kids used to ice skate. 

 

Selectman Klima reiterated that Mr. Paquette has rights under State Law to develop this property under State Statute.  The Town has tried in the past to fight the State and has failed.  If Mr. Paquette doesn’t develop the property, someone else will come along and be less willing to work with the Town.  If the Selectmen just say no, the State rules will apply; the Board has to decide whether to work it out in this manner and do the best they can, or leave it up to the State.

 

Selectman Beaulieu pointed out that the builder is willing to work with the Town and there are areas that he cannot build on as they have been delineated already.

 

Selectman Hunt said the fact of the matter is the formula used by the State is not favorable to Salisbury.  The State says the town has to reach 10% which we have, and he feels the Town should appeal this and go to the State.

 

Motion by Selectman Beaulieu, Second by Selectman Klima; Voted to recommend proceeding with the LIP proposal with approval being contingent on two items: 1) “Jerry Klima Draft 1-26-07 – Proposed 54 Beach Road Selectman Conditions” outlining conditions and reference be made to DEP File 65-213 and corresponding letter of December 7, 1989 from DEP.  VOTE: 4 yea’s – Selectman Hunt opposed.  Motion carried.

 

Motion by Selectman Beaulieu, Second by Selectman Knowles; amend to say that once engineering proceeds, the town is approving it contingent that if the engineers allows the set back to be more or less from 20 feet to 50 feet.  Discussion: Mr. Paquette said he’s willing to work

 

BOARD OF SELECTMEN MINUTES OF MARCH 12, 2007 MEETING

 

with the Town but cannot agree on the 50 feet at this time, but agreed the set back would be increased beyond 20 feet if permitted by the site engineer.  No vote.

 

Motion by Selectman Klima, Second by Selectman Beaulieu; Voted to have a letter drafted to be signed by the Chairman to set forth the final conditions substantially as outlined and discussed this evening.  VOTE: 4 yea’s – Selectman Hunt opposed.  Motion carried.

 

            b.  Class II License – Westside Truck Equipment – 172 Elm St.

Motion by Selectman Beaulieu, Second by Selectman Knowles; Unanimously voted to remove from the table.

 

Mr. Pyndowski reported that last fall there were 250 vehicles on the property and today there are 190.  He’s planning on removing 50 vehicles and re-arranging things.  He will be working steady from now on through the summer so there should be no problem in getting it done.  Selectman Beaulieu had provided an aerial photo showing the property, its condition and how there is no way fire apparatus would get around the side or rear of the building.  Selectmen Knowles said he thought it would be helpful for the building inspector and fire chief to look at the photo and let the Board know, as well as the owner, what they are looking for and how they want safety to be improved.

Motion by Selectman Beaulieu, Second by Selectman Knowles; Unanimously voted to table this renewal and request the applicant to come back before the Board before sending his application to the Registry and inform the Board how many vehicles he’s removed.  Also to have the Building Inspector and Fire Chief visit the site and make a determination and report to the Board what changes they would like made regarding safety.

 

IV.       New Business

            a.  License Renewals:

Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to renew a Sunday license for Joe’s Playland – 12/15 Broadway

 

Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to renew a Parking Lot license for Carefree Parking Lot – 14 Central Ave.

 

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to renew a Entertainment license for:  Carousel Lounge, Inc. – 20 Ocean Front So for pool tables/juke box/video game; bands/karaoke/live entertainment (2 licenses) and to Carefree Arcade – 20 Oceanfront So. For an arcade

 

Motion by Selectman Klima, Second by Selectman Hunt; Unanimously voted to renew a General license to Cinema 95 – 201 Elm St.

 

            b.  New Licenses

Motion by Selectman Klima, Second by Selectman Knowles; Unanimously voted to approve a General license to Monkeyhouse – 28 Elm St. for the retail sales of used books, CD’s and videos (no adult material)

 

            c.  Committee Appointments - none

           

 

            BOARD OF SELECTMEN MINUTES OF MARCH 12, 2007 MEETING

 

            d.  Update/Presentations:  Andy Gould, Finance Director

Mr. Gould reported that FY07 is going according to plan, but there are potential deficit line items at the end of FY07 which include legal, tax title, veterans benefits and health insurance.  Revenues will exceed the budgeted estimates due to the timing of mailing of the FY06 tax bills and tax amnesty.  The FY08 budget is in progress and is reflecting a deficit primarily due to the Triton regional school assessment.  The balance sheet will be submitted to the State for free cash certification by Sept. 14th.  The auditors will be scheduled for fieldwork beginning on or about Sept. 17th; audited financial statements will be delivered to the Town on or about October 26th and the Schedule A will be sent to the State by October 31st.  The Selectmen expressed appreciation for Mr. Gould’s efforts at improving the Town’s financial standing and procedures.

 

            e.  Winner’s Circle – Request to hold annual “April Fool’s Four Mile Road Race”

Motion by Selectman Hunt, Second by Selectman Knowles; Unanimously voted to grant permission to the Winner’s Circle Running Club to hold their annual April Fool’s Road Race on March 31, 2007 at 11:00 AM.

 

            f.  Winner’s Circle – Request to hold annual “Run for the Roses” Women’s 5K                              Road Race and Walk

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to grant permission to the Winner’s Circle Running Club to hold their annual Run for the Roses Road Race on May 16, 2007 at 6:30 PM.

 

V.        Comments by Visitors

Ms. Willey of 24 Glenwood Ave. addressed the Board regarding pedestrian safety and how hard it is to get around Town when the sidewalks are not plowed.

 

Herman Fortin of Lena’s Seafood reported that the piles that were at Landscape Xpress in December and were supposed to be removed by March 13th are still there and he asked what he can do about it.  Atty. Eberle, representing Mr. Fortin addressed the Board stating that trucks are still dumping at the site and the odors still exist and it has gotten to the point that the business at Lena’s is being affected and could potentially put them out of business.  Atty. Eberle suggested that there be some kind of investigation as to what is in the piles.  Selectman Hunt suggested that maybe the EPA should get involved because there are aquifers up there and he would like to have the material analyzed.

 

Motion by Selectman Klima, Second by Selectman Beaulieu; Unanimously voted to request the building inspector, accompanied by the Town Manager to inspect the Landscape Xpress site to determine whether or not the report made is accurate and whether or not they have complied with the cease and desist order and report back to the Board at the next meeting.

Mr. Harrington outlined the vote of the Board back in December and the new document provided by Landscape Xpress which is satisfactory to the building inspector.  Selectman Hunt said he would like to see a cease and desist re-instated on that operation until the Town can find out what is in the piles.  He is having a difficult time to what was agreed to in December and with the building inspector agreeing with the proposal – he feels the Town needs to protect Lena’s and all the residents up there.

 

BOARD OF SELECTMEN MINUTES OF MARCH 12, 2007 MEETING

 

Motion by Selectman Richenburg, Second by Selectman Klima; Unanimously voted to amend the original motion by adding that the cease and desist continue until the next meeting.

 

Motion by Selectman Hunt, Second by Selectman Klima; Unanimously voted to instruct the Manager to notify the EPA and DEP of the Board’s suspicion that there are materials on the site that are not supposed to be there and are not environmentally safe and request their assistance.

 

VI.       Sewer/Water

 

VII.     Correspondence

  • Chamber of Commerce Monthly Meeting notice.
  • MMA Action Bulletin

 

VIII.    Hearings - none

           

IX.       Town Manager’s Report

Mr. Harrington gave a brief overview of his written report, a copy of which is available in the Town Manager’s office.

 

X.        Selectmen’s Report

            a.  Ratification of Signing of Weekly Warrants:

Motion by Selectman Beaulieu, Second by Selectman Hunt; Unanimously voted to ratify the signing of the following weekly warrants.

            W07-131         CDBG                                     W07-130         Gen., Sewer, Water

            W07-137         General-Water                         W07-132         Town Payroll

            W07-135         CDBG - Payroll                       W07-134         Sewer Payroll

            W07-133         Police – Payroll                        W07-136         Gen., Sewer, Water

 

Chairman Richenburg announced that the school committee will be voting on the proposed school budget this Wednesday at 7PM in the school library.  Also, the Emergency Management Director would like to schedule a workshop and asked the Board to set a date.  The Board agreed to have a workshop on April 2, 2007 at 7PM in the EOC.

         

XI.       Executive Session

Motion by Selectman Richenburg, Second by Selectman Klima; Voted to move into Executive Session at 10:00 PM to discuss litigation strategy on Nextel Communications and not return to open session.  Those present will be the full Board of Selectmen, Town Manger, Neil Harrington and Secretary, Janet Flannery.  Roll call vote: Selectman Knowles – no; Selectman Hunt – yes; Selectman Klima – yes; Selectman Beaulieu – yes; Chairman Richenburg – yes.  Motion carried. 

 

XII.     Adjournment

Meeting adjourned with a unanimous roll call vote at 10:25 PM after Executive Session.

 

Respectfully submitted:

Janet E. Flannery, Secretary

                                                            Approved: ___________________________

                                                                              Donald Beaulieu, Clerk