August 20, 2012
The regular meeting of the Board of Selectmen was called to order at 7:00 PM with all members in attendance except Mr. Featherston.
Public Hearing – application of John P. Murray d/b/a Chevy’s Ice Cream for a Common Victualler License, 191 Pulaski Blvd.
Mr. Soter read the public hearing notice. The applicant was not in attendance at this time. On a Mayhew/Connor motion, the Board unanimously voted to delay the hearing until such time the applicant is in attendance.
On a Spencer/Mayhew motion, the Board unanimously voted to approve the following abatements: residential water in the amount of $675.74, residential sewer in the amount of $735.90, municipal water in the amount of $5044.75, municipal sewer in the amount of $88.25 and trash in the amount of $1,188.00.
On a Connor/Spencer motion, the Board unanimously voted to release Executive Session minutes dated 7/16/12, 4/30/12, and 8/15/11.
Public Hearing – application of John’s Used Autos and Parts, LLC, Raymond Dirany, Mgr. for the transfer of the Class III License from John’s Used Auto Parts, Inc., 85 Hartford Ave.
Mr. Soter read the public hearing.
Attorney Lee Ambler represented the applicant, Raymond Dirany. He stated Mr. Dirany is requesting the transfer of the Class III License from John’s Used Auto Parts and will be operating the business as it has been operated for over 50 years. Atty. Ambler stated this is a newly formed LLC so there aren’t any violations associated with it. He stated that Mr. Dirany has no employees at this time so he does not need Workers Comp. Insurance. After the license is transferred and the business is up and running, he will have employees and will be required to obtain Workers Comp. Insurance.
Atty. Ambler stated that Mr. Dirany is familiar with the motor vehicle business being involved with businesses in Milford and Mendon.
Mr. Spencer stated he went online to the Attorney General’s Office website and found that Mr. Dirany was involved with a corporation listed as Northbridge Salvage which was involuntarily dissolved. Mr. Spencer asked about the dissolution of this corporation.
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Mr. Dirany explained the corporation was formed, but a business never operated under the corporation.
Atty. Ambler was asked if any other operation will take place at this location. He stated it will just be the Class III operation and will operate as it has in the past.
Mr. Soter asked if there was anyone present who want to speak on this application.
Donna Edwardson, 11 Wethersfield Rd. asked if the applicant will be selling used vehicles. Atty. Ambler stated he will not. The only operation at that location will be the Class III business.
Ken Hamwey, 39 Wethersfield Rd. stated this business is constantly noisy.
Basem Neseim of 87 Hartford Ave. stated he has an eight month old baby and wants to make sure this business is in compliance with the town’s regulations. He would like to know that this business will stop operation at a reasonable hour.
Attorney Ambler stated the hours of operation for the current business are Monday – Friday: 8:30 AM – 5:00 PM and Saturday: 8:30 AM – 2:00 PM and noted the applicant will comply with these hours.
Residents of 3 Wethersfield Rd. wanted to know how the business will operate without employees. Atty. Ambler stated the applicant does not have any employees at this time, but will have employees after the transfer takes place and the business is up & running.
Mr. & Mrs. Conti, 12 Water St. stated a portion of the fence that separates their property from the junk yard was knocked down during a storm and asked if this would be replaced. Atty. Ambler stated that portion of fence could be replaced, but not a whole new fence replacement.
James Langell, 19 Wethersfield Rd. stated the former business was noisy when in operation and especially when it was closing as they were crushing vehicles.
Residents also expressed their concern over the environmental impact of that business.
It was noted that the environmental concerns will be addressed by the State. If the business does not comply, they will not be able to operate.
The applicant was asked if he would be purchasing the property across the street from the Class III business and he stated he will not. He was also asked how often he would be on-site to operate the business. He stated he will be there about 85-90% of the time.
Ken Hamwey, 39 Wethersfield Rd. asked for direction as to who he should contact if the business is too noisy and was advised to speak with the owner first and if there isn’t a satisfactory outcome, contact the police.
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Robert Smith, 23 Wethersfield Rd. expressed his concern with the possibility of cars being delivered in the middle of the night and hopes the business will comply with the hours set.
Kristen Florest, 3 Wethersfield Rd. asked if customers will be able to go on the property and pick out their own car parts. Mr. Dirany stated that only the employees will be allowed to retrieve the parts.
Residents again expressed their concern about the possibility of contamination on the property. Attorney Ambler stated the P & S is contingent upon a clean site. He noted a Limited Removal Action Report from Lord Associates, Inc., Norwood is included with the application, however, a 21-E Report has not been requested by the applicant as of this hearing.
On a Mayhew/Connor motion, the Board unanimously voted to close the public hearing.
Mr. Mayhew made a motion, seconded by Mr. Connor to approve the application of John’s Used Autos and Parts, LLC, Raymond Dirany, Mgr. for the transfer of the Class III License from John’s Used Auto Parts, Inc., 85 Hartford Ave. with the following stipulations:
- Hours of operation – 8:30 AM – 5:00 PM, Monday – Friday; 8:30 AM – 2:00 PM on Saturday; closed Sunday.
- Deliveries of vehicles to be made during the hours of operation.
- Selectmen to receive a copy of the site’s environmental report.
- Confirm with Planning Board that no further action is needed.
- Documentation from the Secretary of State regarding the dissolution of the Northbridge Salvage corporation.
A vote was taken on Mr. Mayhew’s motion, seconded by Mr. Connor (including all stipulations) with all members voting in the affirmative except Mr. Soter, who opposed.
Public Hearing – Chevy’s Ice Cream (continued)
Mr. Murray’s attorney appeared before the Board & apologized for being late due to traffic.
She stated Chevy’s Ice Cream has been operating for approximately 3 weeks and has received positive feedback. She stated his hours of operation have been 10 AM – midnight, seven days a week. The Board suggested the hour of closing be changed to 11 PM with Mr. Murray’s attorney in agreement.
On a Connor/Mayhew motion, the Board unanimously voted to close the public hearing. On a Connor/Spencer motion, the Board unanimously voted to approve the application of John Murray d/b/a Chevy’s Ice Cream for a Common Victualler License, 191 Pulaski Blvd.
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Planning Board – joint appointment to fill vacancy
Mr. Pappas and Mr. Oakley appeared before the Board with their candidate, Amber Griffiths to fill Mr. Morelli’s term ending in May 2013. They noted their recommended applicant for the Associate position could not make this evening’s meeting.
The Selectmen questioned the absence of a Planning Board quorum since this is a joint appointment. Mr. Oakley stated a vote was taken by the Planning Board to recommend Mrs. Griffiths to fill Mr. Morelli’s term.
The Board of Selectmen members stated they would feel more comfortable having a quorum present and interviewing the candidates at their September 10th meeting.
On a Connor/Mayhew motion, the Board unanimously voted to ratify and sign the BPAA contract agreement as presented this evening.
On a Mayhew/Spencer motion, the Board unanimously voted to adjourn the meeting at 8:30 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
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