December 16, 2013
The regular meeting of the Board of Selectmen was called to order at 7:00 PM by Chairman Connor with all members in attendance.
Public Hearing – application of Caridi Brothers Twelve, Inc. d/b/a TWELVE, Frank P. Caridi, Mgr. for the transfer of a Restaurant All Alcohol & Common Victualler License from Zio Paolo’s, Inc. d/b/a Risotto’s Restaurant, 191 Mechanic St., Unit #1
Mr. Connor read the public hearing notice.
Mr. Caridi stated he has restaurant experience as part owner of King St. Café in Franklin which also serves beer & wine. He stated TWELVE will be a more upscale restaurant serving lunch and dinner during the week and in addition to this menu, will also serve breakfast on the weekends.
Board members asked what the hours of operation would be. Mr. Caridi stated he would like the hours to be 7 AM – 1 AM seven days a week and is also requesting to be able to serve alcohol on Sundays beginning at 10 AM.
Mr. Soter asked if his employees will all be TIPS certified. Mr. Caridi stated if they are not already, they will be.
Mr. Connor asked if there was anyone present who wished to speak on this application. No one responded.
On a Mayhew/Featherston motion, the Board unanimously voted to close the public hearing. On a Soter/Spencer motion, the Board unanimously voted to approve the application of Caridi Brothers Twelve, Inc. d/b/a TWELVE, Frank P. Caridi, Mgr. for the transfer of a Restaurant All Alcohol & Common Victualler License from Zio Paolo’s, Inc. d/b/a Risotto’s Restaurant, Paul Winshman, Mgr., 191 Mechanic St., Unit #1, with hours as listed.
Goody’s Diner – update
Mr. Connor stated Mr. & Mrs. Chimeno appeared before the Board on November 18th requesting a temporary Common Victualler License giving them an opportunity to complete Fire Department requirements. At that meeting, the Board voted to allow Mr. & Mrs. Chimeno to continue operating Goody’s Diner until they appear before the Board on December 16th at which time all issues were to be resolved.
Town Planner, Stacey Wetstein sent a letter to the Selectmen outlining the possibility of several zoning violations on the parcel that prevent the Planning Board from making a determination whether or not it meets Planning Board regulations.
Minutes of December 16, 2013
Page 2
Mrs. Chimeno stated she has contacted both the Planning Board and the Zoning Board.
She noted they are tentatively scheduled on the January 9th Planning Board agenda and before the Zoning Board in February.
Mrs. Chimeno stated they have been working on the Fire Dept. requirements and the emergency lighting is in place. However, with all that has transpired, they have put a hold on the hood placement noting this is an expensive process and they want to wait until all issues are resolved.
Mrs. Chimeno stated she has done everything she was advised to do pertaining to the restaurant and does not understand why Ms. Wetstein won’t sign off on their application. Mr. Connor stated that after researching the permitting history of the property, she discovered possible zoning violations and until these violations are resolved, the application will not be approved by the Planning Board.
Mr. Soter stated he is not in favor of extending the temporary Common Victualler License noting other establishments are obliged to follow the rules and this establishment should not be any different. Mr. Soter also stated the ZBA variance is on the deed to the property and the Chimenos should have been aware of that. Mr. & Mrs. Chimeno stated they were not aware of the variance and both did not read the deed.
Mr. Fraine stated he was informed that Mr. Chimeno visited the Town Hall before purchasing the property and was told at that time that he could only have one use. Mr. Chimeno stated that did not happen.
Mrs. Chimeno stated they have done everything they were advised to do regarding this application. The Building Inspector advised them to speak with the Board of Health which they did. They received approval from the Health Agent for the establishment. Mr. Fraine noted the Health Agent’s approval was for a snack bar, not a 3,000 sq. ft. restaurant. Mr. Fraine stated he spoke with the Health Agent today and there could be an issue with the septic system not being able to accommodate this restaurant.
Mrs. Chimeno stated they pay a lot of taxes on the property and to make ends meet, they had to add another business to the property and hoped the restaurant would help them financially. However, it has been one problem after another. She stated they had already been to the ZBA and was told they didn’t need anything from them. Now they have to return to the ZBA.
Mr. Fraine stated there was confusion when the Chimenos appeared before the ZBA because they did not express what they were there for. Mr. Chimeno described the snack bar and thrift store as accessory uses to his power equipment sales and services and the ZBA stated he did not need anything from them. Mr. Fraine noted the Chimeno’s attorney is working with Town Counsel relative to issues which may require a variance from the Zoning Board.
Minutes of December 16, 2013
Page 3
Mr. Spencer stated there may be extenuating circumstances regarding the mix-up with the ZBA and would not be opposed to extending the temporary Common Victualler License. Other Board members agreed.
On a Soter/Mayhew motion, the Board unanimously voted to extend the temporary Common Victualler License for Goody’s Diner to the March 3rd Selectmen’s Meeting.
On a Mayhew/Soter motion, the Board voted to approve the December 2nd minutes as submitted. Mr. Featherston abstained; all other members voted in the affirmative.
Adoption of Rules & Regulations for Second Hand Dealers
Police Chief Daigle and Officer McLaughlin came before the Board to review and request adoption of rules and regulations for second hand dealers. These rules & regulations outline how items need to be treated once they are purchased.
Chief Daigle stated with the frequency of break-ins rising, criminals look for a speedy means of disposing goods. By adopting the rules & regulations, second hand dealers will be accountable for items they purchase.
On a Featherston/Mayhew motion, the Board unanimously voted to set a $100 permit fee for the Second Hand Dealers License.
On a Soter/Spencer motion, the Board unanimously voted to adopt the Rules & Regulations for Second Hand Dealers. Violation of any provision of this regulation may be fined up to five hundred dollars ($500), one thousand dollars ($1,000) for second violation and 3rd violation will result in revocation of license for two years. Operating without a license may be fined up to five hundred dollars ($500) per day – each calendar day shall constitute a violation.
On a Mayhew/Featherston motion, the Board unanimously voted to approve the attached list of license renewals.
On a Spencer/Mayhew motion, the Board unanimously voted to approve the following abatements: municipal water, $10,627.80; municipal sewer, $2627.07; residential water $2012.86; residential sewer $378.90 and residential trash $340.00.
On a Mayhew/Featherston motion, the Board voted to approve “thickly settled” & “children at play” signs on Highridge Rd. as recommended by the Safety Officer. Mr. Connor opposed; all other members voted in the affirmative.
On a Mayhew/Featherston motion, the Board unanimously voted to approve the Water Agreement between the Town and Florida Power and Light.
On a Mayhew/Spencer motion, the Board unanimously voted to approve and sign the updated Sexual Harassment Policy.
Mr. Soter requested copies sent to the chairs of Town Boards/Committees for distribution to members.
Minutes of December 16, 2013
Page 4
On a Soter/Mayhew motion, the Board unanimously voted to reappoint Sheila Ronkin to the Cultural Council.
Board members received emails from residents of Linda Way informing them that their street had not been plowed. Mr. Soter suggested that an agreement between the owner of that development and the Town of Bellingham be drawn up by Town Counsel absolving the Town of any liability for damage done by Town vehicles during the plowing process.
Mr. Connor stated that owners of developments, such as Linda Way, shall be billed for the plowing done by the Town. Mr. DiMartino will be contacted regarding plowing costs. A lien will be placed on the property to ensure the bill is paid.
Mr. Fraine suggested speaking with the Planning Board regarding some type of mechanism that will allow the Town to charge a developer for plowing services.
On a Mayhew/Spencer motion, the Board unanimously voted to adjourn at 8:30 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
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