November 1, 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.
Public Hearing – application of Wagging Dog, Inc. d/b/a Dino’s Bakery for a Common Victualler License, 191 Mechanic St., Suite 6B
Mr. Mayhew read the public hearing notice.
Mr. Paul Brunetti stated he would like a Common Victualler License to operate a bakery. Hours of operation will be 7 a.m. – 7 p.m., seven days a week.
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 Wagging Dog, Inc. d/b/a Dino’s Bakery for a Common Victualler License, 191 Mechanic St., Suite 6B with hours as stated.
Mr. Fraine outlined a memo from Mrs. Mathieu noting the recent drop in interest rates presents another opportunity for the town to refinance three outstanding bond issues with approximate debt service savings in the amount of $174,750 over the next 11 years. A vote is required by the Selectmen to proceed with the refunding, however, the refunding is subject to final approval by the Selectmen when details of the refunding bonds are determined.
“On a Goodnow/Connor motion, the Board unanimously voted that,
in order to save interest costs, the Treasurer is authorized to provide
for the sale and issuance of bonds under G.L. c. 44, Section 21A, to
refund all or any portion of the remaining principal of and redemption
premium and interest on the Town’s General Obligation Bonds dated
March 15, 2002; and that for this purpose the Treasurer is authorized
to provide for the preparation and distribution of a Preliminary Official
Statement; provided, however, that no bonds shall be issued under this
vote unless and until the final interest rates and other terms of the
refunding bonds are approved by the Board.”
Public Hearing – application of Hilltop Farms, Inc., Stephen Gurwitz, Manager for an Exterior Redemption Vending Machine Permit, 201 Pulaski Blvd.
Mr. Mayhew read the public hearing notice.
Mr. Gurwitz and his attorney, Howard Croll were present for this hearing.
Minutes of November 1, 2010
Page 2
Mr. Mayhew read a letter from Town Counsel, Jay Talerman which stated that the existing redemption machines currently located at 201 Pulaski Blvd. are not “grandfathered” from the applicability of the new bylaw as suggested by Attorney Croll. Attorney Talerman went on to state that in Massachusetts, the concept of grandfathering from bylaws generally applies only to zoning bylaws.
Attorney Croll stated Town Counsel misunderstood the intent of his letter to Mr. Fraine which stated “although the ordinance is cloaked in the language so as to have it appear to be a public health and safety issue, we believe that it is a land use issue and should be under M.G.L. 40A, Section 6, and as such, he has a pre-existing non-conforming lawful use in existence prior to the existence of the bylaw.”
Mr. Mayhew stated the Board is not trying to shut down Mr. Gurwitz’s business, but to help him make it better for himself and the neighbors. The Board had received complaints regarding noise and odor.
Mr. Gurwitz stated it was discovered the odor was coming from a drywell. Once that was fixed, the odor was gone. The Board asked Mr. Gurwitz what his hours of operation are for the redemption center. He stated they are 7 a.m. to 10 p.m. The Board asked if he would be willing to close the operation at 9 p.m. and he agreed.
Mrs. Davies asked Mr. Gurwitz how many machines he has and he stated eight. He also stated the area is wired for ten and he may put in two more sometime in the future. Mr. Gurwitz explained that he has employees who take care of emptying the machines and placing the recyclables in barrels at the back of his property. He stated he would like to place a fence in this area to enclose the barrels. Mr. Gurwitz also stated he would like to enclose the machines with cinder block and install closing overhead doors.
Mr. Gurwitz presented the Board with letters from two of his neighbors, Hai T. Thong, 221 Pulaski Blvd. and John Murray stating they don’t have a problem with the operation of his business.
On a Davies/Chaves motion, the Board unanimously voted to close the public hearing.
On a Davies/Connor motion, the Board unanimously voted to approve the application of Hilltop Farms, Inc., Stephen Gurwitz, Manager for an Exterior Redemption Vending Machine Permit, 201 Pulaski Blvd. with the following stipulations: within 90 days, erect a 6 ft. or higher fence at rear of property enclosing barrels; hours of operation 7 a.m. – 9 p.m.; and within a year, enclose machines with cinder block and install closing overhead doors. Permit fee is set at $100/yr.
Attorney Croll stated once this operation is enclosed, Mr. Gurwitz will not require an Exterior Redemption Vending Machine Permit. The Board stated this is an item to be brought up after completion of this project.
Minutes of November 1, 2010
Page 3
On a Goodnow/Connor motion, the Board unanimously voted to approve the license renewals as listed.
On a Goodnow/Chaves motion, the Board unanimously voted to accept the regular minutes of October 18th and the executive session minutes of October 4th.
On a Connor/Goodnow motion, the Board unanimously voted to approve the municipal water abatements in the amount of $14,729.16; municipal sewer in the amount of $2739.10 and residential water in the amount of $942.73.
On a Chaves/Davies motion, the Board unanimously voted to petition the Mass DOT to add traffic control signals at the Pulaski Blvd./Lake Street intersection.
On a Davies/Chaves motion, the Board unanimously voted to adopt the Town of Bellingham’s Housing Production Plan as prepared by the Metropolitan Area Planning Council.
On a Davies/Chaves motion, the Board unanimously voted to award grant administrative services for the Town’s Community Development Block Grant to Community Opportunities Group with all funds to be paid from the Federal Grant, not to exceed $154,000.
On a Goodnow/Connor motion, the Board unanimously voted to adjourn the meeting at 8:05 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
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