BOARD OF SELECTMEN MINUTES OF AUGUST 11, 2008

 

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

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

 

I.          Call to Order/Salute to the Flag

Chairman Klima called the meeting to order at 7:00 PM in the Colchester Room, Salisbury Town Hall.

 

II.        Acceptance of Minutes

            Minutes of July 7, 2008 and July 28, 2008

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to approve the Minutes of July 7, 2008 with the following correction being made under II a. new license – change Motion by Selectman Knowles to Selectman Richenburg.

 

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to approve the Minutes of July 28, 2008 as written.

 

III.       Old Business

            Nelson’s Ride – discuss parking arrangements

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to table until the Police Chief arrives.  After the Police Chief arrived, on Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to remove from the table.

 

At a prior meeting, there were issues raised as to whether or not motorcycle parking should be allowed along Broadway and Ocean Front South during the Nelson’s Ride motorcycle event.  Chief L’Esperance said he met with the merchants re: parking and they all agreed that the motorcycle parking could be on Ocean Front South, that no motorcycles should park on Broadway and that an officer will be posted to insure that they don’t do so.  Nelson’s Ride will pay $1,000 for the parking lot where the event will start and end and that lot will be used by the majority of the riders.  In closing, the Chief suggested forming a subcommittee to come up with a consistent policy to follow so that people will know the steps to take when planning events.

 

IV.       New Business

            a.  License Renewals – no applications received

 

            b.  New Licenses – no applications received

 

            c.  License Amendments – change of address:

                        Baystate Arms, LLC d/b/a Bob’s Tactical, LLC – 124 Lafayette Rd.

                        Previously at 90 Lafayette Rd.

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to remove from the table.

Selectman Beaulieu stated that he has concerns and questions regarding this change and wants the Board to take a serious look at this and go through the process with “eyes wide open” because there seems to be more going on than merely wanting to move the business from one location to another.  He said that they also seem to be open for business without any license.

Chief L’Esperance told the Board that if they want him to serve a full “cease and desist” he can certainly do so in the morning.  He also said that when he spoke with Atty. Forrest he indicated

that their plan is to put a firing range in, but according to Ken Surette a special permit must be obtained before doing so; another concern is the close proximity to Kendell Lane.

 

As part of the discussion, Bob Straubel of the Planning Board stated that under the Town’s by-laws any change of use in a site should go before the Planning Board and since they have not done so he asked if the Selectmen could direct them to do so.

 

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to have the Police Chief serve a “cease and desist” at the new location on 124B Lafayette Rd.

 

Motion by Selectmen Beaulieu, Second by Selectman Richenburg; unanimously voted to table this license and request the following: have the Police Chief be in touch with the applicant to determine what the name of the operation is and make a determination as to the operation at 90 Lafayette Road and how they plan to continue operating; investigate the name of the applicant and what businesses are being proposed at both locations; request the applicant to attend the next meeting.

 

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to verify with the Building Inspector and receive an answer in writing, as to whether or not if there is a change of use does the applicant have to go before the Planning Board for a site plan review.

 

            d.  Committee Appointments - none

 

            e.  Update/Presentations:  Building Inspector/ZBA

The Building Inspector reported that 31 new single homes were built last year and 3 multi family units; 1 commercial building is due to be completed this fall which totals about $4.3M. 

Residential renovations amounted to about $10M and $2M in commercial renovations. 

 

Charles Mabardy, ZBA Chairman stated building is off this year and the ZBA has been meeting once a month vs. twice.  They still need new members and would like to have a couple of alternate members.  There is one Chapter 40B project moving forward in the final stages and there seems to be a question about waiving sewer and water access fees.  The Selectmen pointed out to Mr. Mabardy that the Selectmen are the Water and Sewer Commissioners and hope that the ZBA doesn’t give the building the waiver; Mr. Mabardy said he will pass that on to the other board members.  Chairman Klima said the access fees are needed to cover the expenses of expanding the water and sewer systems and from the Town’s perspective there shouldn’t be any waivers of the access fees.

 

            f.   Vote to approve and sign State Primary Warrant for Sept. 16, 2008

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to approve and sign the State Primary Warrant as provided by the Town Clerk.

 

            g.  Vote to recommend the acceptance of a portion of CCC Road to the Planning                              Board

A deed description and plan had been provided to the Board showing the portion of CCC Road beginning at a point on the westerly sideline of CCC Road at a granite bound with drill hole as shown on “street acceptance plan A portion of CCC Road” in Salisbury, MA scale 1”=40’, dated July 22, 2007.  A copy of the plan is on file in Town Hall.

 

Motion by Selectman Richenburg, Second by Selectman Beaulieu; unanimously voted to recommend acceptance and referral to the Planning Board.

 

V.        Comments by Visitors - none

 

VI.       Sewer/Water – no action

 

VII.     Correspondence

            Letter from Comcast reflecting their new look in billing.

 

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 Richenburg; unanimously voted to ratify the signing of the following weekly warrants: W09-18 through W09-27

         

XI.       Executive Session

Motion by Selectman Beaulieu, Second by Selectman Richenburg; unanimously voted to enter into executive session at 8:00 PM for the purpose of discussing pending litigation and strategy with the intent of not returning to open session and that the Town Manager and Secretary be present.  Roll vote:  Selectman Knowles – yes; Selectman Hunt – yes; Selectman Richenburg – yes; Selectman Beaulieu – yes; Chairman Klima – yes.

 

XII.     Adjournment

Meeting adjourned after Executive Session at 8:24 PM.

 

 

Respectfully submitted:

Janet E. Flannery, Secretary

 

                                                            Approved: ___________________________

                                                                              Fred Knowles, Clerk