May 6, 2013
The regular meeting of the Board of Selectmen was called to order at 7:00 PM by Chairman Soter with all members in attendance except Mr. Featherston.
Public Hearing – application of Vohn’s Restaurant, Inc., Bourvorn Davong, Manager for a Restaurant Wine & Malt License with Cordials/Liqueurs Permit, 52 Pulaski Blvd.
Mr. Soter read the public hearing notice.
Ms. Davong stated she is here this evening to request the Board’s approval for a Beer & Wine License for her restaurant which is located in the Stop & Shop Plaza.
Mr. Mayhew asked Ms. Davong how long she has operated her restaurant. Ms. Davong stated she opened her restaurant in 2009. Mr. Mayhew asked what hours of operation she would like for the sale of beer & wine. Ms. Davong requested 11:00 AM – 11 PM, seven days a week.
Mr. Connor asked Ms. Davong if she is TIPS certified. She stated she received certification two years ago.
Mr. Soter asked if there was anyone present to speak in favor or opposition to this application. No one responded.
On a Mayhew/Connor motion, the Board unanimously voted to close the public hearing. On a Mayhew/Spencer motion, the Board unanimously voted to approve the application of Vohn’s Restaurant, Inc., Bourvorn Davong, Manager for a Restaurant Wine & Malt License with Cordials/Liqueurs Permit, 52 Pulaski Blvd. with hours of operation 11 AM – 11 PM, seven days a week and that Ms. Davong get TIPS recertification.
On a Spencer/Mayhew motion, the Board unanimously voted to approve the following abatements: municipal water - $12,941.68, municipal sewer - $3,017.50, residential water - $175.50 and residential sewer - $207.86.
On a Mayhew/Connor motion, the Board unanimously voted to award Contract 2013-FTA, DPW Facilities Technical Assistance to low bidder Williamson Electrical Co., Inc. not to exceed $36,660 (per Mr. DiMartino’s recommendation).
On a Mayhew/Spencer motion, the Board unanimously voted to accept the April 16th minutes as presented.
On a Mayhew/Spencer motion, the Board unanimously voted to adopt the May, 2013 – May, 2014 meeting schedule as submitted.
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The Town Administrator’s Evaluation was presented with Mr. Fraine receiving a 94% satisfactory rating. Mr. Fraine thanked the Board members for their support.
Public Hearing – application of GAVO, LLC d/b/a Marcella’s Diner for the transfer of the Common Victualler License from S B Restaurant d/b/a Simon Diner, 131 Pulaski Blvd.
Mr. Soter read the public hearing notice. Since the applicant was not present for this hearing, the Board unanimously voted on a Mayhew/Connor motion to continue it to May 20th.
Public Hearing – (continued) – application of Gibbs Oil Co. for a Special Permit to operate a self-service gas station & storage of 30,000 gallons of gas & diesel fuel underground, 320 Pulaski Blvd.
Mr. Soter read the public hearing notice and stated this hearing was continued from March 18th.
Attorney Michael Peirce represented Gibbs Oil Co. and stated the Development Plan for the Gibbs Oil Gas Station at 320 Pulaski Blvd. was approved by the Planning Board within the past week. The vote was taken pending the Special Permit approval by the Board of Selectmen.
Atty. Peirce stated Gibbs proposes to install 4 fuel pumps with 2 filling stations at each and a small 2,500 square foot convenience store. Parking is in compliance with the Town’s regulations, 14 spaces will be created with employee parking at the back. A flat deck canopy with fire suppression will be built. The fuel station plans have been reviewed by the State Fire Marshal’s Office and have passed all the requirements of the Bellingham Fire Dept.
Tony Fruchtl from Ayoub Engineering updated the Board on the drainage issues and noted the entire lot will be graded so no storm water or liquids drain off the site. All storm water on the canopy will be captured. Catch basins will be cleaned out using an ongoing maintenance program making sure drainage is working properly. All runoff will be captured and not allowed to enter abutters’ land.
Mr. Fruchtl stated that fuel tanks are double walled and will be monitored 24 hours a day. All personnel will be trained in monitoring and emergency response.
Atty. Peirce stated that peer review was done by BETA Group and found the project to be in compliance.
Mr. Spencer read a letter from Mr. Harry Law who is an abutter residing at 41 Pleasant Street. Mr. Law was unable to attend this evening’s hearing, but wanted to make his concerns known and listed the following: water run-off from the property, fuel leak or spill, excessive light pollution, added noise and decrease in property value.
Atty. Peirce stated that BETA Group found that the project fully complies with issues raised in Mr. Law’s letter.
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Mr. Soter asked if the traffic study done for this project took into account increased traffic projections for the new CVS. Atty. Peirce stated the traffic study does take future growth into account.
Mr. Spencer questioned increased traffic with the erection of this new gas station and convenience store. Atty. Peirce stated there would not be any increased traffic noting it would be individuals driving past that would stop in to fuel up. He also noted there is nothing special about the convenience store that would urge individuals to make a special trip to that location. Again, it would be people passing by the location.
Mr. Spencer asked what their hours of operation would be. Atty. Peirce stated the applicant is proposing a 24 hour station, however, they would be amenable to adjusting those hours.
Mr. Soter asked if there was anyone present who wanted to speak on this application. Mr. Lacquerre of 51 Pleasant Street expressed his concern with the possibility of this being a 24 hour operation. He stated this proposed gas station is closer to Pleasant Street than the existing business and is very concerned with the noise that will be generated not only from its operation, but from deliveries.
Mr. Lacquerre is concerned with his quality of life and his property value.
Atty. Peirce explained that the tanks and pumps will be situated in front of the convenience store which will act as a buffer to the residents of Pleasant St. He stated there will be less noise than the current station. He also noted Gibbs uses their own tankers so they will be able to control the delivery hours.
Atty. Nicholas Goodier stated he represents the Pulbell Corp., record owner of the land on which the current gas station is located - 310 Pulaski Blvd. Contrary to statements that have been made, Pulbell Corp. intends to continue its gas station and raises concerns because it is quite clear the traffic and safety implications associated with 2 gas stations situated next to each other have not been considered, in addition to the proximity of the CVS project. Atty. Goodier stated the lot at 320 Pulaski Blvd. was not a legally created lot and the Gibbs’ project should not be allowed.
In considering the Special Permit approval, Atty. Goodier stated the Selectmen need to consider certain factors such as community need, traffic flow & safety, environmental concerns and fiscal impact. He stated there is not a need for another gas station since Pulbell intends to continue its gas station on the neighboring property. Also, there are plenty of other gas stations in the surrounding area. As previously mentioned, traffic flow has not been properly addressed for 2 gas stations side by side and the CVS proposal. He noted there is a legitimate environmental concern with 2 gas stations located next to each other. Also, the addition of another gas station may have a financial impact on property values in the area.
Atty. Goodier also questioned whether the Fire Dept. had the opportunity to review the latest plans dated 4/30/13.
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Mr. Connor read a memo from Deputy Fire Chief Poirier dated May 2nd in which he states the plan review for the proposed Gibbs station has passed all the requirements for the Fire Department. He also stated that he has attended Planning Board meetings and has given his input on this project.
Atty. Peirce addressed Atty. Goodier’s concerns. He stated the Planning Board determined the site was a legally created lot, created through deed in 1965, as intended and required under the bylaw. He also stated the current plans dated 4/30/13, shows a slight modification to the curb cuts to avoid needing a variance for the size of the driveway openings. The openings are now in full compliance.
Atty. Peirce stated the design complies with peer reviews by BETA Group. He also stated the project would have a positive financial impact on the Town and would also improve the location aesthetically.
Mr. Lacquerre asked the Board to consider setting hours for the operation of this gas station and again stated he is definitely not in favor of 24-hour service.
Town Counsel stated it is definitely in the Board’s purview to place conditions on the special permit approval.
On a Connor/Mayhew motion, the Board unanimously voted to close the public hearing.
Under discussion, the Board discussed setting the hours of operation at Sunday- Thursday, 5 AM – 10 PM; Friday & Saturday, 5 AM – 11 PM. Hours for all deliveries will be 8 AM – 6 PM.
Mr. Soter expressed his concern with the two gas stations being side by side and is also taking into account views expressed by residents of the area. Mr. Spencer also expressed the same concerns. The Board requested additional plantings in back of the convenience store to help with the noise.
Both Mr. Connor and Mr. Mayhew feel this project will enhance the aesthetics of that location. Mr. Spencer stated that although he does have concerns, he is aware that the lot in question will be developed at some point with the possibility of the result being less appealing than what is proposed.
The Selectmen found that the project has been adequately reviewed and approved by the Planning Board and Fire Department with respect to matters under Sections 1500 and 4800 of the Zoning Bylaws; additional plantings are required and that restrictions on hours must be imposed to protect public health, safety and welfare.
On a Mayhew/Connor motion, the Board unanimously voted to approve the application of Gibbs Oil Company for a Special Permit to operate a self-service gasoline station at 320 Pulaski Blvd. and for the storage of 30,000 gallons of gasoline & diesel fuel underground at 320 Pulaski Blvd., as shown on Project Plans dated 4/30/13, subject to the following: 1) Hours of operation will be Sunday-Thursday, 5 AM – 10 PM; Friday &
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Saturday, 5 AM – 11 PM. 2) Hours for all deliveries will be 8 AM – 6 PM. 3) Additional plantings (evergreens) shall be placed in back of the building to add additional noise buffering.
Town Counsel – Solicitation Bylaw
Town Counsel appeared before the Board as requested to answer questions relative to the Solicitation Bylaw. Specifically, Board members had questions relative to the enforcement of the “no trespassing” feature. Atty. Talerman stated a no trespassing sign posted on someone’s property has very real enforcement attributes. When a property is legally posted for no trespassing the homeowner is protected from unwanted visitors as well as from liability which might arise from personal injury. Atty. Talerman went on to state he is unaware of the enforcement rights relative to a no trespass log kept by the Town. He explained such a log restricting solicitors from someone’s property may not be enforceable in some instances.
Mr. Maclachlan expressed his opinion that a no trespass ordinance should have the same effect as a no trespass sign. Mr. Spencer expressed his concern with how complicated the bylaw has become. He expressed his full support for the original do not knock bylaw, but questioned whether the no trespassing component was complicating the objective. Mr. Soter suggested Mr. Maclachlan continue working with the subcommittee to come up with a final proposal and present it to the full board. He reminded Mr. Maclachlan that the article was his to present and not the Board’s. Mr. Soter thanked Mr. Maclachlan for his work on this matter and encouraged him to continue working with his committee.
Mr. Soter read a letter from Leo Remillard requesting No Parking Signs on Harpin Street. On a Mayhew/Connor motion, the Board voted to approve the installation of No Parking Signs on the south side of Harpin St. from utility pole #4 to property line of 93 & 95 Harpin St.; and to replace No Parking Signs in front of the Primavera School (subject to the Safety Officer’s recommendation). Mr. Spencer abstained, all other members voted in the affirmative.
Mr. Connor also requested that the 2 handicap locations at the access points of Richardson & Tuttle Fields be painted.
On a Mayhew/Connor motion, the Board unanimously voted to adjourn the meeting at 9:30 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
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