April 28, 2014
The regular meeting of the Board of Selectmen was called to order by Chairman Connor at 5:30 PM in the Arcand Meeting Room. Mr. Soter, Mr. Mayhew and Mr. Connor were in attendance.
On a Mayhew/Soter motion, the Board unanimously voted to grant the V.F.W. permission to hold a Poppy Drive on May 24th, 9 AM – 1 PM at the So. Main & Mechanic St. intersection. An insurance rider has been provided.
On a Mayhew/Soter motion, the Board unanimously voted to appoint the 2014 Poll Workers as listed & recommended by the Town Clerk.
On a Mayhew/Soter motion, the Board unanimously voted to approve the 2014 Water Main Flushing (Contract 2014-UDF) be awarded to the low bidder A. Vozzella & Sons, Inc. of Brockton as recommended by the DPW Director.
On a Mayhew/Soter motion, the Board unanimously voted to accept the April 7th minutes as submitted.
Mr. Spencer entered the meeting at this time.
The Selectmen reviewed the proposed Alcohol Compliance Check Guidelines. Mr. Soter asked Town Counsel if the approval of a liquor license can be made contingent upon the establishment purchasing a license scanner.
Attorney Talerman noted that establishments that have failed compliance checks have opted to put in license scanners to mitigate a longer suspension. However, he does not know of any law that can force an establishment to purchase a license scanner.
On a Mayhew/Soter motion, the Board unanimously voted to adopt the Alcohol Compliance Check Guidelines presented this evening and to schedule two compliance checks per year, in the spring and the fall.
On a Mayhew/Soter motion, the Board unanimously voted to approve the change of manager for the Chowder Bowl from Clarice Csizmesia to Susan Csizmesia.
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On a Soter/Mayhew motion, the Board unanimously voted to approve the placement of a street light on pole #11 at the corner of Pinegrove Ave. & Deer Run Road per the recommendation of Safety Officer Rolls.
On a Soter/Mayhew motion, the Board unanimously voted to appoint Brian Salisbury to the vacant regular position on the ZBA. Mr. Salisbury has been serving as an alternate member.
On a Mayhew/Spencer motion, the Board unanimously voted the following: “The maximum useful life of the Fire Department Pumper Truck ($530,000) to be financed with the proceeds of the borrowing authorized by the vote of the Town passed October 9, 2013 (Article 5) is hereby determined pursuant to G.L. c.44, Sec. 7(9) to be 15 years.”
Mr. Fraine requested an Executive Session regarding potential litigation pertaining to Highridge Road. Mr. Mayhew made a motion, seconded by Mr. Spencer to go into Executive Session. Members of the Board were polled with all voting in the affirmative. Town Counsel also attended.
Mr. Fraine stated the Board will not have any comment when the Board reconvenes in public session.
The Board reconvened in public session at 6:00 PM with all members in attendance including Mr. Featherston who came into the meeting during executive session.
Public Hearing (continued) – application of Joao Tavares d/b/a Maison BB for a Second Hand Dealer’s License, 15 No. Main St., Unit C-7
Mr. Connor read the public hearing notice.
Mr. Tavares stated he will be opening a business in the plaza at 15 North Main St. that will sell household goods, decorations, tables, chairs – some new & old.
Mr. Soter asked Mr. Tavares if he will be selling jewelry and at first he answered he would. However, he was asked again about selling jewelry and Mr. Tavares stated he would not.
Mr. Soter asked Mr. Tavares if he is aware of the rules and regulations for this type of business and pointed out there are fines in place if procedures are not followed. Mr. Tavares stated he is aware.
Mr. Mayhew asked what the hours of operation would be and he stated 10 AM – 7 PM.
Public Hearing – application of Maniben, Inc., d/b/a Penguin Convenience Store, Pushpaben J. Patel, Mgr. for the Transfer of the Package Store Wine & Malt License from Penguin, Inc. d/b/a Penguin Convenience Store, Ayman Nakda, Mgr., 829 So. Main Street
On a Mayhew/Soter motion, the Board unanimously voted to continue this hearing at the conclusion of Maison BB’s hearing.
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It was noted that the attorney for the applicant had not arrived yet. The hearing will continue when the applicant’s attorney arrives.
Mr. Spencer asked Mr. Tavares if he is aware that he needs to follow the rules and regulations when dealing with items with a value over $250. This applies to all items, not just jewelry.
He stated he is aware of these regulations.
Mr. Soter expressed his concern that Mr. Tavares does not fully comprehend the rules & regulations and was not in favor of approving this application. Mr. Soter felt this is for the applicant’s protection because he is concerned about him receiving fines for not following procedure.
After discussion, the Board felt Mr. Tavares should review the regulations with the Police Dept.
On a Mayhew/Featherston motion, the Board unanimously voted to close the public hearing.
On a Featherston/Mayhew motion, the Board unanimously voted to approve the application of Joao Tavares d/b/a Maison BB for a Second Hand Dealer’s License, 15 North Main Street., Unit C-7 contingent upon Mr. Tavares reviewing the regulations with and signed off by a Police Officer.
Public Hearing – application of Caridi Brothers Twelve, Inc., d/b/a Twelve, Frank P. Caridi, Mgr. for a Weekday/Sunday Entertainment License, 191 Mechanic St., Unit #1
Mr. Connor read the public hearing notice.
Mr. Caridi stated he has received requests from patrons to provide music on the weekends. He stated his hours of operation allow him to be open until 1 AM and has noticed the establishment is pretty empty around 10 PM. He felt having some form of music such as small bands or a D.J. would keep his business open longer.
Mr. Mayhew stated he received calls from two abutters to Mr. Caridi’s restaurant and stated they are in favor of this application.
Mr. Connor asked if there was anyone present to speak on this application. No one responded.
On a Mayhew/Featherston motion, the Board unanimously voted to close the public hearing.
On a Mayhew/Spencer motion, the Board unanimously voted to approve the application of Caridi Brothers Twelve, Inc., d/b/a Twelve, Frank P. Caridi, Mgr. for a Weekday/Sunday Entertainment License, 191 Mechanic St., Unit #1.
Public Hearing – Street Acceptance/Bellingham Estates
Mr. Connor read the public hearing notice.
Mr. Soter recused himself from this hearing as an abutter to this project.
Attorney Kablack represented the applicant. He stated approval has been received from the DPW, Planning Board and Conservation Commission. The performance bond has
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been released by the Planning Board and the Open Space Deed has been accepted by the Conservation Commission and filed with the Registry of Deeds.
Mr. Connor asked if there was anyone present who wished to speak.
Mrs. Morse of 200 Center Street stated Attorney Kablack had placed an article on the October Town Meeting Warrant in 2010 which failed to be approved by Town Meeting. Although nothing has changed with regard to drainage/water issues since that Town Meeting, Attorney Kablack is again presenting a street acceptance article.
She also went on to state that the developer has not maintained the streets as required in the Subdivision Rules & Regulations citing broken granite curbing and dug up grass strips. She stated the DPW should take a closer look at the streets before recommending Town Meeting approval.
Mr. DiMartino stated the cause of the damage that Mrs. Morse is referring to is from plowing done by the Town. He also stated the damage is not significant or extensive.
Mrs. Morse asked why the Town is taking over the developer’s obligation to the residents noting the Town wouldn’t do this for other developments and wanted to know why it was being done for this developer.
Mr. DiMartino stated the Town has been plowing unaccepted streets for decades so this is not a new practice.
Mr. Connor noted that a few years ago, an article was placed on a town meeting warrant to accept a large number of unaccepted streets and asked Mr. DiMartino if these streets had been plowed by the Town. Mr. DiMartino answered in the affirmative.
Michael Morin, representing the homeowners’ association, stated he appeared before the Board on behalf of the association and asked that the Town take over the plowing to save the association from paying for it. The project was completed and the developer was charging the homeowners’ association to plow. The Selectmen agreed to this request.
Mr. McQuarrie of 36 Fox Run Road stated they have a water problem in their yard when it rains and it is coming from Bellingham Estates. The water pours through a rock wall onto their property.
Mrs. McQuarrie stated the water comes from the house in back of theirs. The McQuarrie’s were asked if this has been an ongoing problem since they bought the house. They stated they have owned the home since the 1980’s and have not had a problem until Bellingham Estates was built.
Mr. Fraine asked Attorney Kablack if he had any idea why their surface water issues began only after the development was constructed. No response was given.
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Mr. Connor asked Attorney Kablack if anyone has filed suit against the developer of Bellingham Estates for the water issues. Attorney Kablack stated a suit has been filed by the Morse’s.
Mr. Soter questioned whether the swale that was originally included within the Order of Conditions should have been constructed and not removed as part of the order by the ConCom. He suggested building the swale could alleviate the drainage problems.
Mr. Fraine asked Mr. DiMartino if he approves the plans for compliance with the design or for acceptable operation. He responded that he reviews them to insure they are built to design, but not relative to how they function.
Mr. Vanderwal of 60 Fox Run Road believes the drainage pipes from Bellingham Estates are undersized causing the brook near his house to overflow during heavy rain events and flooding the street.
Mr. Morin questioned how the abutters who spoke this evening would receive relief from the water problems whether Bellingham Estates was accepted or not. Mr. Fraine stated that once the development is accepted, the Town would take on the liability.
Mrs. Morse reiterated the fact that the Developer has not maintained the streets as required in the Subdivision Rules & Regulations noting broken granite curbing and dug up grass.
Mr. Morin stated he examines these streets on a regular basis and it is unfair for Mrs. Morse to attribute the issues caused by plowing to the developer. The streets were maintained properly before the plowing commenced.
Board members stated they would like to meet with the ConCom before any recommendation can be made.
On a Mayhew/Featherston motion, the Board unanimously voted to continue this hearing to their May 19th meeting.
Penguin Convenience Store – continued
Attorney Joe Devlin apologized for being late and explained he was held up in traffic. He stated he is representing the applicant, Pushpaben Patel. The purchase price for the business is $120,000 paid through a loan from Rockland Trust with a pledge of license and stock. The inventory is estimated at $20,000 and will be funded by a personal bank account.
Ms. Patel has been the manager of a package store – Harry’s Country Store in Westport for the past four years with no violations.
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Family members own and operate two other package stores in Bellingham with no violations.
Attorney Devlin stated the hours of the liquor license will remain the same.
Mr. Soter stated he is pleased this license will be transferred to a qualified applicant and informed Ms. Patel she has a good landlord to work with. Mr. Mayhew also expressed his appreciation of the landlord’s hard work.
Mr. Connor asked if there was anyone present to speak on this application. No one responded.
On a Mayhew/Featherston motion, the Board unanimously voted to close the public hearing.
On a Mayhew/Spencer motion, the Board unanimously voted to approve the application of Maniben, Inc., d/b/a Penguin Convenience Store, Pushpaben J. Patel, Mgr. for the transfer of the Package Store Wine & Malt License from Penguin, Inc., d/b/a Penguin Convenience Store, Ayman Nakda, Mgr., 829 South Main Street.
Mr. Soter made a motion, seconded by Mr. Spencer to appoint Larry Sposato to the Norfolk County Advisory Board. Mr. Soter, Mr. Spencer and Mr. Featherston voted in the affirmative. Mr. Mayhew and Mr. Connor opposed. The motion passed on a 3-2 vote.
On a Mayhew/Soter motion, the Board unanimously voted to adjourn the meeting at 7:30 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
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