October 4, 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 except Mr. Connor.
Public Hearing – application of Uno Restaurants, LLC d/b/a Uno Chicago Grill for the transfer of stock, 205 Hartford Ave.
Mr. Mayhew read the public hearing notice.
Chris Murphy, Assistant General Manager stated the transfer of stock is part of the company’s restructuring under Chapter 11. Board members asked if there will be any changes with the operation of the business. Mr. Murphy stated nothing will change.
Mr. Mayhew asked if there was anyone present to speak on this application. No one responded.
On a Chaves/Davies motion, the Board unanimously voted to close the public hearing.
On a Chaves/Davies motion, the Board unanimously voted to approve the application of Uno Restaurants, LLC d/b/a Uno Chicago Grill for the transfer of stock. It was noted that no changes will take place with the restaurant operation.
On a Goodnow/Davies motion, the Board unanimously voted to appoint the Energy Efficiency Committee members (list attached) until December 31, 2011 – at which time members may request to be reappointed. Membership for this committee will remain open.
On a Goodnow/Davies motion, the Board voted to approve the September 13th minutes as submitted. Mrs. Chaves abstained.
On a Goodnow/Davies motion, the Board unanimously voted to approve residential water abatements in the amount of $444.90 and trash abatements in the amount of $807.50.
Public Hearing – application of Bamboo Express, Inc., Ying Yu Mo, Manager for the transfer of the Restaurant All Alcohol & Common Victualler License, new officer/director, new stockholder and transfer of stock from Bamboo Express, Inc., Brian Liu, Manager, 15 North Main St.
Mr. Mayhew read the public hearing notice.
Ms. Mo stated she is purchasing the business from Brian Liu and is requesting the transfer of the All Alcohol License and Common Victualler. She stated nothing will change with the operation of the restaurant and the hours will
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remain the same – Sunday – Thursday, 11:30 AM – 10 PM; Friday and Saturday – 11:30 AM – 10:30 PM.
Mrs. Davies asked Ms. Mo if she is TIPS certified. Ms. Mo stated she is not certified as yet, however, she will be taking the course.
Mr. Mayhew asked if there was anyone present to speak on this application. No one responded.
On a Chaves/Goodnow motion, the Board unanimously voted to close the public hearing. On a Chaves/Goodnow motion, the Board unanimously voted to approve the application of Bamboo Express, Inc., Ying Yu Mo, Manager for the transfer of the Restaurant All Alcohol & Common Victualler License, new officer/director, new stockholder and transfer of stock from Bamboo Express, Inc., Brian Liu, Manager, 15 North Main Street, Units 6 & 7.
On a Goodnow/Chaves motion, the Board unanimously voted to approve a Common Victualler for St. Brendan’s Fall Fair, 11/6 & 11/7, 9 AM – 5 PM, fees waived.
Public Hearing – application of Vohn’s Restaurant, Inc., Bourvorn Davong, Manager for the transfer of the Restaurant Wine & Malt License with Cordials Permit from Family Ty’s Café, Inc., Lance Warren, Manager – change of location from 93 Mechanic St. to 52 Pulaski Blvd.
Mr. Mayhew read the public hearing notice.
Attorney Wozniak represented Ms. Davong and stated she is requesting the Board’s approval to transfer the Restaurant Wine & Malt License/Cordials Permit from Family Ty’s Café, Inc. She is also requesting the Board approve the change of location. Ms. Davong’s hours of operation will be 11 AM – 10 PM, seven days a week. Mrs. Davies asked Ms. Davong if she is TIPS certified and she stated she is.
Mr. Mayhew asked if there was anyone present to speak on this license. No one responded.
On a Chaves/Davies motion, the Board unanimously voted to close the public hearing. On a Chaves/Davies motion, the Board unanimously voted to approve the application of Vohn’s Restaurant, Inc., Bourvorn Davong, Manager for the transfer of the Restaurant Wine & Malt License with Cordials Permit from Family Ty’s Café, Inc., Lance Warren, Manager and approve the change of location from 93 Mechanic St. to 52 Pulaski Blvd. The hours of operation for both the Common Victualler and the Wine & Malt license will be 11 AM – 10 PM, seven days a week.
On a Davies/Goodnow motion, the Board unanimously voted to ratify Mr. Fraine’s appointment of Laura Cameron and Elaine Szamreta to the position of Asst. Treasurer/Collector (per recommendation of Mrs. Mathieu).
On a Goodnow/Davies motion, the Board unanimously voted to award Contract 2010-9, Roadway Improvements Blackstone St., Fairway Dr. & Rome Ave. to the
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low bidder, Lorusso Corp., Plainville, MA (per Mr. DiMartino’s recommendation).
Public Hearing – Street Acceptance – Bellingham Estates (continued from September 13th)
Mr. Mayhew read the public hearing notice and explained this hearing was continued from September 13th per the request of Attorney Mark Kablack.
Attorney Kablack stated there are several issues being considered regarding this street acceptance. He stated the development has been completed, the roadway has been top-coated and the items on the DPW punch list have been reviewed by Mr. Drake and Mr. DiMartino with all items completed.
Attorney Kablack stated the groundwater issue with the Morses should not be taken into consideration when deciding if Bellingham Estates should be accepted.
He stated that although it is a possibility that blasting during construction may have led up to this problem; he feels this should have no relation to the streets being accepted.
Attorney Kablack went on to state that although the issue with the Morses is outside the street acceptance process, Toll Brothers has investigated their concerns and is attempting to resolve them. He stated that in an effort to help mitigate the groundwater issue, Toll Brothers retained the services of Vanasse Hangen Brustlin, Inc. to design an underdrain system to be installed on the Morse property in the location of groundwater seepage noted by the Morses. The underdrain will connect to a catch basin and depending on whether a drainage easement across an adjoining lot can be secured, the catch basin connection will be either in Whitehall Way (Option A) or Fox Run Rd. (Option B). Attorney Kablack stated Option A would cost approximately $20,000 and Option B, $37,000. He noted Toll Brothers is prepared to
perform this work and will deposit an amount to cover the work plus 20% in an escrow account to secure future performance. Mrs. Morse stated she would like another engineer to review the plans presented by VHB. Attorney Kablack stated Toll Brothers would not pay for another engineer.
Mr. Morse stated he does not believe an 8” pipe could handle the amount of water on his property. The runoff starts in mid November and goes through June, with the worst of it in March & April. Mrs. Morse stated that Toll Brothers wants her and her husband to maintain the underdrain which they do not want to do. Mr. Morse stated if the pipe freezes and cracks in the winter, he would have to use his own money to rip up the land and repair it. The Morses stated they have been patient in waiting for this issue to be resolved, which has been ongoing since 2005. Mr. Philips stated he was doing site work for LRC at that time and Mr. Morse notified him then of the water issue.
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Mr. Goodnow asked the Morses if they had this water issue before the project began and they stated they did not.
Mrs. Davies asked the Morses how long they have owned this property. Mr. Morse stated since 1985.
Eric Carlson, Director of Land Development for Toll Brothers and Jason Wintham, Toll Brothers Project Engineer were present this evening, however, neither were involved with Bellingham Estates.
Mrs. Morse stated she is requesting the Board not recommend the Bellingham Estates Street Acceptance Article noting she would like time to have this matter reviewed further.
Mrs. Davies stated she is not ready to support this street acceptance article and feels it should be passed over and placed on the May, 2011 Warrant. She stated the Morses have waited five years and does not see any harm with Toll Brothers waiting another seven months.
Mr. Mayhew stated that Toll Brothers should go the extra step and consent to a peer review which could help to resolve the issue sooner.
Attorney Kablack reiterated that the groundwater issue with the Morses should not be taken into consideration when deciding if Bellingham Estates should be accepted. He stated that Town Counsel and the DPW Director had informed him that all issues relative to the street acceptance had been addressed. Mr. Fraine responded that Attorney Talerman and Mr. DiMartino were referring to the actual completion of roadway improvements as approved by the Planning Board on the original plan. Attorney Talerman and Mr. DiMartino were not offering an opinion on the water issues on the adjacent properties.
On a Davies/Goodnow motion, the Board unanimously voted not to support the Bellingham Estates Street Acceptance Article on the October 13th town meeting warrant.
Mr. Fraine requested an executive session to update the Board on the Town’s water withdrawal permit which was recently negotiated by Town Counsel with the DEP.
Members of the Board were polled with all voting in the affirmative.
On a Davies/Chaves motion, the Board unanimously voted to adjourn the meeting at 9:40 PM.
Respectfully submitted,
Jacqueline A. Bokoski, Admin. Asst.
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