DRAFT
Finance Committee Minutes
Town of Bellingham – Municipal Center
Monday, August 29, 2011
1. FinCom Present: Roland Lavallee, Joseph Collamati, Toni Picariello, Henri Masson
2. FinCom Absent: Carol Dill, Katie Quinn
3. Meeting called to order: 7:15 p.m.
Denis Fraine mentioned that the Board of Selectmen will call a state of emergency so that the Town would be eligible to apply for any reimbursement the state or federal government might give toward the costs of any damage and clean-up caused by Hurricane Irene.
4. ARTICLE 7 - PACKAGE STORE BEER AND WINE LICENSE
(Petition: Ayman Nakda)
Willie Nagda and Ayman Nakda appeared to request that the Town authorize the Board of Selectmen to petition the Legislature for a wine & beer license for the Convenience Store at 829 829 South Main Street. There are none available through the Town. 90% of their customers have requested that they have beer & wine. The nearest store that sells beer or wine is 2 miles away.
Joseph Collamati/Henri Masson motion to recommend this Article. VOTE: 4/0.
5. ARTICLE 14 - AMEND ZONING BY-LAW SECTION 3300; PARKING (Petition: Lee G. Ambler, Esq.) - Planning Board will hear this Article the night of Town Meeting.
Lee Ambler, Esq. (for the petitioner) and Peter Pappas, Planning Board appeared.
This Article was on the 2011 May Annual Town Meeting warrant by Attorney Ambler. Mr. Ambler passed over the article because the Planning Board advised him that they have received a Grant to revise the Parking Regulations and did not want to make revisions piecemeal. To date, the Planning Board has not come up with revised or amended Parking Regulations.
Attorney Ambler explained that the Bylaw is too restrictive. He is proposing to amend the Bylaw to be reasonable and as follows:
Section 3320(d):, 1 parking space for every 2 seats; delete "plus one space per 100 square feet of function space not designed for eating"
Section 3320(g): Amend to read: One parking space per 150 square feet of area used by patrons plus one space for each employee on the largest shift.
There are less than 5 commercial restaurants in Town that meet those requirements and the existing Bylaw requires a great deal of parking. The kitchen, waiting area, stock room, bathrooms, etc. are counted in the gross floor area. He gave an example that when a patron goes to the bathroom, that space should not be counted as a parking space, since their seat at the table has already been counted.
Peter Pappas mentioned that the Planning Board is reviewing the Parking regulations. Toni Picariello stated that she watched the Planning Board meeting on August 22, 2011 and the Town Planner said they would take a small section and discuss it at each meeting. How long will this take? Mr. Ambler has a client who has been waiting for a change or review of the Parking Regulations from the Planning Board since May 2011. Joseph Collamati commented that he thinks that knowing this request from Mr. Ambler would be coming up again, the Planning Board should have expedited these two Sections of the Bylaw and acted on them.
Roland Lavallee asked Mr. Ambler if the Planning Board let him know what the status has been. Mr. Ambler stated that the Planning Board told him that he was to call them, they did not feel that they should have to inform him of any updates. Joseph Collamati thinks that the Planning Board should email updates on pending issues to the Town representatives.
Joseph Collamati/Toni Picariello motion to recommend this amendment. VOTE: 4/0.
6. ARTICLE 9 - NON-CAPITAL OUTLAY EXPENDITURES (UNDER $50,000)
High School Track Repairs (Town Administrator) - $15,000.
Denis Fraine appeared. The high school track was renovated about 10 or 12 years ago. It originally cost $180,000. It was stone dust, they built a road, appropriated the funds and put down asphalt, then the rubber top. The rubber is now breaking up and needs to be filled in. The contractors will cut and replace the rubberized track in the bad sections. Joseph Collamati walked the track and he believes the repairs need to be done now before it gets worse and cost a lot more to repair and/or replace. Denis Fraine mentioned that the track is really a community resource in that residents are walking on it all of the time as it is always open to the public.
Joseph Collamati/Henri Masson motion to recommend $15,000 to repair the track. Funding: Free Cash. VOTE: 4/0.
7. ARTICLE 12 - BULK STORAGE (Zoning Agent/Inspectional Services) - Planning Board recommended this Article, 8/25/2011.
Peter Pappas, Planning Board; Denis Fraine; Deputy Fire Chief Steve Gentile; and Stuart LeClaire, Building Inspector.
A company on Maple Street caused this Article to be presented. They stockpiled mulch and logs. The building inspector and fire department were concerned about safety of children, residents and neighbors. The Bylaw would amend the Bulk Storage and Contractor's yard under Industrial ("I") change from "yes" to Planning Board (PB). This would mean that a company would need to get a special permit from the Planning Board before doing business. This change would not affect existing business and those businesses would be grandfathered.
Existing Zoning By-Law:
2400. Use Regulations Schedule
D I S T R I C T ACTIVITY OR USE A S,R M B-1 I
B-2
INDUSTRIAL USES
Major Business Complex 3 NO NO NO PB 4 PB
Manufacturing for on-site sales 6 NO NO NO YES YES
Other manufacturing, research NO NO NO NO YES
Bulk storage NO NO NO NO YES
Contractor's yard NO NO NO NO YES
Earth removal 7 BA BA BA BA BA
The Fire Department recommends this Article. Deputy Gentile explained that there are Fire regulations that limit the height to 20 feet and have certain setback regulations. These regulations need to be followed. He can give out fines if the regulations are violated. See: CMR 10.03(5)(b) below:
10.03 : General Provisions
(1) Any obstacle which may interfere with the means of egress or escape from any building or other premises, or with the access to any part of said building or premises by the fire department in case of fire, shall be removed from aisles, floors, halls, stairways and fire escapes. Doors and windows designated as exits shall be kept clear at all times.
(2) Such aisles, floors, halls, stairways, fire escapes, doors and windows shall be kept in good repair and ready for use, and shall be kept properly lighted as required by 780 CMR.
(3) Any vessel moored to or anchored near any dock or pier or located within the jurisdiction of any harbor or on any other water of the Commonwealth, which vessel is a danger by reason of explosion or fire, shall remain secure or be secured to such dock, mooring, or anchorage until the fire has been suppressed or the removal is ordered by the head of the fire department or his designated representative.
(4) Accumulations of Waste. Accumulations of waste paper, wood, hay, straw, weeds, litter or combustible or flammable waste or rubbish of any kind shall not be permitted to remain upon any roof or in any court, yard, vacant lot, alley, parking lot or open space, beneath a grandstand, pier, wharf or other similar structure. All weeds, grass, vines or other growth, when same endangers property, or is liable to be fired, shall be cut down and removed by the owner or occupant of the property. All combustible rubbish, oily rags or waste material when kept within a building, shall be stored in accordance -with 527 CMR 34.00. Storage shall not produce conditions which in the opinion and judgment of the head of the fire department will tend to create a nuisance or a
hazard to the public health, safety or welfare.
(5) Materials Storage - •
(a) General - The storage of combustible or flammable material shall be confined to approved storage areas.
(b) Permit required: A person shall not store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers; or rubber tires, baled cotton, rubber, cork or other similarly combustible material without having obtained a permit from the head of the fire department.
(c) Inside storage. Storage in buildings and structures shall be orderly, shall not be within two feet of the ceiling, and shall be located so as not to obstruct egress from the building.
(d) Outside storage. The outside storage of combustible or flammable materials shall not be more than 20' in height and shall be compact and orderly. Such storage shall be located as not to constitute a hazard and not less than 25' from any other building on the site or from
a lot line.
(6) Open Flame Devices. Open flame devices and special food service devices shall comply with the requirements of NFPA 101.
Roland Lavallee is concerned that the amendment is too broad and gives the Planning Board authority to make different decisions on the special permits to different applicants. Peter Pappas said they would look at each individual situation. Roland Lavallee stated that is what he is worried about.
Per Peter Pappas, if the applicant needs to go before the Planning Board first, they would 1) "raise the issue of knowledge" and 2) have to follow state guidelines.
Roland Lavallee does not believe that another regulation needs to be put in place, the Fire Department has their CMR regulations and the Building Inspector has the authority to regulate.
Joseph Collamati/Henri Masson motion to recommend this Article. VOTE: 2/2 (Roland Lavallee and Toni Picariello voted against). This might be brought up again.
8. ARTICLE 13 - ABANDONMENT (Zoning Agent/Inspectional Services) - Planning Board recommended this Article, 8/25/2011.
Peter Pappas, Planning Board; Denis Fraine; and Stuart LeClaire, Building Inspector.
This amendment would benefit the property owner whose property or structure is nonconforming and has not been occupied for two or more years (such as property tied up in a probate matter, etc.). The property could be reestablished to the original state with a Special Permit granted by the Planning Board. Roland Lavallee brought up that he thought the Zoning Board of Appeal would be a better option to deal with this. It was mentioned that the Planning Board and Denis Fraine are discussing changing the Article by replacing the "Planning Board" with the "Zoning Board of Appeal".
To see if the Town will vote to amend Section 2330 – “Abandonment” of the Zoning Bylaws by replacing the entire Section with the following:
2330. Abandonment. A nonconforming use or structure which has been abandoned, or discontinued for a period of two years, shall not be reestablished, provided however that, by Special Permit granted by the Planning Board, the use of an abandoned nonconforming residential structure, or any portion thereof, may be reestablished. In all other respects, any future use of the subject premises shall conform with this Bylaw.
Existing Zoning Bylaw:
2330. Abandonment. A nonconforming use which has been abandoned, or discontinued for a period of two years, shall not be reestablished. Any future use of the premises shall conform with this Bylaw.
Joseph Collamati/Henri Masson motion to recommend this Article with the wording "Planning Board" being replaced with "Zoning Board of Appeal". VOTE: 4/0.
9. ARTICLE 11 - CHANGE, EXTENSION OR ALTERATION OF NON-CONFORMING STRUCTURES (Zoning Agent/Inspectional Services) - Planning Board Hearing 8/25/2011 - Planning Board recommends passing over this Article.
Peter Pappas, Planning Board; Denis Fraine; and Stuart LeClaire, Building Inspector.
Denis Fraine informed the Committee that they are not ready to present this amendment yet.
Joseph Collamati/Henri Masson motion to pass over this Article. VOTE: 4/0.
10. GENERAL DISCUSSION
A. Correspondence/Emails/Memo's etc.
1. Update on DPW 6-wheel truck (hearing 9/12/2011)(Article 5)
The MHQ Freightliner truck = $93,500.
The Minuteman Trucks International Truck = $70,031.
2. Update on Fire Department's Brush Truck (hearing 9/12/2011)(Article 5)
Bruch Truck = $56,159.00
3. Update on Toll Brothers Road Acceptances (hearing 9/29/2011)(Article 15)
Joseph Collamati mentioned that when he was at the Planning Board meeting, he mentioned to Mark Kablack, Toll Brother's Attorney that it might be better to reschedule their hearing before the FinCom to after they meet with the Planning Board. Joseph Collamati also mentioned that the Planning Board should not give 100% of the bond back to Toll Brothers. Roland Lavallee thinks none of the bond should be returned until the two property owners with problem then relief. Toni Picariello said she blames the Planning Board, Conservation Commission and Building Inspector for the problems, they give the permits and then ignores the development. Joseph Collamati mentioned that the "swale" was part of the original plan, why was it changed? Toni Picariello will email the
Conservation Commission for an explanation.
4. Update on Pearl Street Mill Demolition
Work should start in a week or two. Getting rid of old tanks with EPA funds, per Denis Fraine.
5. Update on MSBA Senior Study/Macy School
MSBA will be visiting Macy School on September 16, 2011 at 2:00 p.m., per School Department.
6. Update on New Trash Pickup system
Bellingham residents will be notified about the new trash system over the next couple weeks, per Denis Fraine..
7. Information re: the Veteran's Agent.
Bellingham has an agent who volunteers his services and is available on a full time basis, when needed, per Denis Fraine.
Adjourned: Joseph Collamati/Henri Masson motion to adjourn. VOTE: 4/0. 8:20 p.m.
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