July 19, 2010
The regular meeting of the Board of Selectmen was called to order at 7:00 PM by Chairman Mayhew with all members in attendance.
Tree Warden RE: tree safety issue
Tree Warden, Mike Burr submitted a list of 50 trees on High Street that need to be removed for safety reasons. The trees are located between the bridge on High St. and Maple St. which is undeveloped. Mr. Burr stated most of the trees are dying, with some falling over. He stated heavy tree population is the main cause for the dying trees. Larger trees block the sun from the smaller ones. Vines also overtake and choke the trees.
Mr. Goodnow asked about the cost of this project. Mr. Burr stated the cost would be approximately $15,000 with road closure. He stated he could not take on this large job and would have to go with a private company. Mr. Fraine noted additional funds were included in the Tree Warden’s budget for this project. Mr. Goodnow stated he drove down High St. over the weekend and did not find trees covered with vines to be very scenic.
Since High Street is designated a scenic road, Mrs. Davies questioned whether the Town would need to replace the trees being removed per the Town’s bylaw. Mr. Mayhew stated although High Street is designated a scenic road, he felt that public safety was more important.
On a Goodnow/Chaves motion, the Board unanimously voted to authorize Mr. Burr to go forward with the tree removal project presented this evening and that he evaluate the area to see if trees can be planted to replace the removed trees.
Public Hearing – petition of Verizon N.E., Inc. & National Grid Co. to place one new joint pole and anchor guy location on Westminster St.
Mr. Mayhew read the public hearing notice.
Mary Hanley, representing Verizon, stated the pole being removed is located on private property. The owner of the property requested it be placed on public property.
Mr. Mayhew asked if there was anyone present in favor or opposition to this petition. No one responded.
On a Chaves/Goodnow motion, the Board unanimously voted to close the public hearing.
On a Chaves/Davies motion, the Board unanimously voted to approve the petition of Verizon N.E., Inc. and National Grid Co. to place one new joint pole and anchor guy location on Westminster St. with work performed under the direction of the DPW Director.
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Conservation Commission – Land Donation Acceptance
On a Goodnow/Connor motion, the Board unanimously voted to accept a gift of land from Scott Rhodes identified as Map 85, Parcel 3 consisting of 12 acres +/-.
Mr. Matthews thanked the Board for the vote of approval noting this parcel serves to connect two previously accepted open space parcels that have been donated as part of the Highridge subdivision. This gift of land will bring the Conservation Commission holdings in this area to 136 acres making it the largest holding in town.
Eminent Domain Taking – Buffy Road/Penny Lane
Mr. Mayhew read the public hearing notice. He asked if there was anyone present in favor or opposition to this application. No one responded.
On a Goodnow/Connor motion, the Board unanimously voted to close the public hearing.
On a Goodnow/Chaves motion, the Board unanimously voted pursuant to the authority granted by G.L. c. 82, Sec. 7 to adopt the Order of Taking as approved by Article 28 at the May 26, 2010 Annual Town Meeting, by eminent domain of the land consisting Penny Lane & Buffy Road as shown on a plan entitled “Definitive Subdivision Weston Estates Tax Map No. 74 Lot No. 7A in Bellingham, Massachusetts” prepared by McKenzie Engineering Group, Inc., dated December 28, 1998, recorded with the Norfolk County Registry of Deeds as Plan No. 90 in Plan Book 463 of 1999. The purpose of the Order of Taking will be to adopt the roadway as a public way.
On a Goodnow/Davies motion, the Board voted to accept the June 21st minutes as submitted. Mrs. Chaves and Mr. Connor abstained.
On a Connor/Goodnow motion, the following abatements were approved: residential sewer, $247.76; municipal sewer, $90.44; residential water, $1203.12; municipal water, $9051.29 and trash in the amount of $425.00.
On a Goodnow/Davies motion, the Board unanimously voted to reappoint Memorial & Veteran’s Day Committee members (list attached).
Public Hearing – application of Bourvorn Davong d/b/a Vohn’s Restaurant, Inc. for a Restaurant All Alcohol License, 52 Pulaski Blvd.
Mr. Mayhew read the public hearing notice.
Before the hearing commenced, Mr. Mayhew advised the applicant that there aren’t any restaurant all alcohol licenses available. He also noted that two restaurant licenses were auctioned off by the DOR in the past year and a half, and Ms. Davong had an opportunity to attend those auctions and bid on the licenses.
Attorney Wozniak, representing Ms. Davong, stated that the two auctioned licenses are not being utilized. The DOR has advised the individuals holding the
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licenses that if they are not utilized by the end of this year, the DOR will not renew them. At that time, they will again be auctioned off.
Attorney Wozniak realizes there aren’t any licenses available at this time and proposed to the Selectmen that they consider granting a temporary BYOB permit to Ms. Davong. The temporary permit would be for Thursday, Friday and Saturday nights, 5:00 – 10:00 p.m. and would expire on January 31, 2011. Ms. Davong has suffered financially due to the downturn in the economy and feels this permit would help her business. Attorney Wozniak also offered the idea of a review period for the permit, possibly 30 or 60 days after it is issued. Patrons who bring their own bottles would give them to a server at the restaurant. The server would in turn provide the patron with a glass, ask for proper I.D. and then pour the drink for the patron. The bottle would then be taken away. Board members stated
individuals serving alcohol would need to be TIPS certified. The applicant stated this would not be a problem.
Board members felt they were not ready to vote on this proposal this evening. They needed more information and suggested it be continued to their next meeting. On a Chaves/Davies motion, the Board unanimously voted to continue this hearing at their August 16th meeting.
Public Hearing – application of Richard I. Grudinskas d/b/a The Car Gallery 3 for the transfer of the Used Car Dealers License from Quest Auto Group, Ltd., 478 Hartford Ave.
Mr. Mayhew read the public hearing notice.
Richard and Wendy Grudinskas appeared before the Board. Mr. Grudinskas requested that the license be placed in his wife Wendy’s name. He stated he is currently employed as a police officer and is concerned with possible liability. Mr. Grudinskas stated he plans on retiring in approximately 6 months and at that time will request the license be changed to his name. He stated his wife has held a dealer’s license so she is knowledgeable of this type of business.
Mr. Grudinskas stated he, his wife and son have operated a used car establishment in Walpole from 1983-2008 without problems. They operate a family business and treat people fairly. He noted they closed their Walpole business due to rent increase and would like to operate their business in Bellingham and requested operating hours of 9 a.m. – 9 p.m., seven days a week.
Mr. Mayhew asked if there was anyone present in favor or opposition to this application. No one responded.
On a Davies/Chaves motion, the Board unanimously voted to close the public hearing.
On a Chaves/Davies motion, the Board unanimously voted to approve the application of Wendy M. Grundinskas d/b/a The Car Gallery 3, 478 Hartford
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Ave. for the transfer of the Class II License from Quest Auto Group, Ltd. with hours as noted.
On a Goodnow/Chaves motion, the Board unanimously voted to support the nomination of the North Bellingham Cemetery for inclusion in the National Register for Historical Places. A letter of support will be sent to Ms. Betsy Friedberg, National Register Director.
Mr. Connor asked if the Board could receive early FY2012 budget projections. Mr. Fraine stated he will ask Mrs. Mathieu to attend the Board’s Sept. 13th meeting for a budget update.
Mr. Fraine informed the Board that the Comcast and Verizon gift funds have been received and the money will go toward the fiber project. Bids have been received and the contract will be signed by Mr. Fraine with the project starting next month. The project will connect Municipal and School facilities to fiber. Mr. Fraine also stated there will be an additional appropriation at Town Meeting in order to complete the entire project as opposed to piecing it together over several years.
On a Chaves/Davies motion, the Board unanimously voted to award the Solar Panel Installation/Cliff Rd. Water Facilities EECB Grant (contract 2010-11) to Ewing Electric Co., Inc. as low bidder.
On a Goodnow/Chaves motion, the Board unanimously voted to award the Heating System Upgrades/Municipal Bldgs. EECB Grant (contract 2010-12) to Mass State Plumbing & Heating as low bidder.
Mr. DiMartino & Attorney Talerman requested an Executive Session to discuss strategy relative to the Water Management Act Appeal.
Members of the Board were polled with all voting in the affirmative.
On a Chaves/Goodnow motion, the Board unanimously voted to adjourn the meeting at 9:30 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
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