BOARD OF SELECTMEN’S MEETING TUESDAY, FEBRUARY 11, 2014
In attendance: Denis F. Keohane, J. Thomas Hurley, Kathleen M. Conlon, Annemarie Fagan, Town Administrator and Paula Rizzi, Executive Secretary
1. Chairman Keohane convened the meeting at 6:30 p.m. in the Cronin Conference Room of the Town Hall.
2. Chairman Keohane acknowledged the passing of former town employee Joseph G. Graziani, Jr. and asked for a moment of silence in his memory.
3. J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve the December 30, 2013 meeting minutes as written.
Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to approve the January 7 and January 11, 2014 meeting minutes as written.
4. The Board confirmed February 13 and February 25, 2014 as future meeting dates.
5. J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve and sign the current payroll/vendor warrants.
6. Sheryl Fleitman from Milton Citizens Against Aviation Impact (MCAAI) updated the Board on progress being made against the number of flights impacting the Town.
David Mann, 27 Bates Road, Kenneth Lewandowski, 24 Granite Place and Scott Love, 11 Bates Road addressed the Board in opposition to the signage request at 502 Granite Avenue.
7. Robin Tagliaferri, the Executive Director of the Forbes House Museum, met with the Board to introduce herself and to apprise members of the programs scheduled at the museum in honor of its 50th anniversary.
8. J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted 2-0-1 (Selectman Conlon recused herself from discussion and vote on this item) to accept a donation from Milton Hospital in the amount of $943 for the purchase of a Stihl cut off saw for the Fire Department.
9. The Board met with John Fleming from the Auxiliary to discuss a grant from the Copeland Family Foundation.
After discussion, Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to accept a grant in the amount of $32,958 on behalf of the Milton Auxiliary Fire Department from the Copeland Family Foundation to fund the replacement of an old support vehicle.
10. The Board met with Fire Chief John Grant who presented his quarterly report to members for the months of October through December 2013. The report was broken down into statistics on different incident types for that period that totaled 1,010 and a total estimated property loss of $37,000.
11. J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted 2-0-1, (Selectman Conlon recused herself from this discussion and vote) that the sale of the $4,541,839 General Obligation Municipal Purpose Loan of 2014 Bonds of the Town dated February 15, 2014 (the “Bonds”), to FTN Financial Capital Markets at the price of $4,904,539.65 and accrued interest, is hereby approved and confirmed. The Bonds shall be payable on February 15 of the years and in the principal amounts and bear interest at the respective rates, as follows:
Year |
Amount |
Interest ~~~Rate~~~ |
Year |
Amount |
Interest ~~~Rate~~~
|
2015 |
$491,839 |
5.00% |
2021 |
$300,000 |
3.00% |
2016 |
475,000 |
5.00 |
2022 |
295,000 |
3.00 |
2017 |
470,000 |
5.00 |
2023 |
265,000 |
3.00 |
2018 |
370,000 |
5.00 |
2025 |
475,000 |
2.75 |
2019 |
365,000 |
5.00 |
2027 |
405,000 |
3.00 |
2020 |
300,000 |
4.00 |
2029 |
330,000 |
3.25 |
Further Voted: that the Bonds maturing on February~15, 2025, February~15, 2027 and February~15, 2029 (each a “Term Bond”) shall be subject to mandatory redemption or mature as follows:
Term Bond due February 15, 2025 |
Year |
Amount |
2024 |
$265,000 |
2025* |
210,000 |
*Final Maturity
Term Bond due February 15, 2027 |
Year |
Amount |
2026 |
$205,000 |
2027* |
200,000 |
*Final Maturity
Term Bond due February 15, 2029 |
Year |
Amount |
2028 |
$165,000 |
2029* |
165,000 |
*Final Maturity
Further Voted: that in connection with the marketing and sale of the Bonds, the preparation and distribution of a Notice of Sale and Preliminary Official Statement dated January~16, 2014, and a final Official Statement dated January~29, 2014 (the “Official Statement”), each in such form as may be approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Further Voted: that the Bonds shall be subject to redemption, at the option of the Town, upon such terms and conditions as are set forth in the Official Statement.
Further Voted: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from time to time.
Further Voted: that we authorize and direct the Treasurer to establish post issuance federal tax compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if such procedures are currently in place, to review and update said procedures, in order to monitor and maintain the tax-exempt status of the Bonds.
Further Voted: that each member of the Board of Selectmen, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing votes.
12. The Board met with Planning Director William Clark and Town Counsel John Flynn and discussed the current status of the request for signage for 502 Granite Avenue. After discussion, Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously as follows:
Background
On May 22, 2008, pursuant to Section III.C.5 of the Zoning Bylaws and having made several evidentiary findings, the Board of Selectmen voted unanimously to approve an electronic LED sign (measuring 3’ 4” x 14’ (46.66 square feet)) (the “LED Sign”) that had been requested by Kennedy Carpet Cleaners for its business located at 502-504 Granite Avenue, Milton (the “Building”).
The Board of Selectmen’s May 22, 2008 vote approving the LED Sign included the following decision:
“The Board of Selectmen finds that it should grant an exception to the Zoning Bylaw and allow the Applicant to place a high resolution LED sign with four changing panels as shown in the drawing for Project 14578 by Poyant Sign, last revised May 19, 2008, provided to the Board, except that no time and temperature panel shall be allowed, content of the panels cannot change without written permission of the Town Administrator and the colors of the sign shall remain a red background with yellow/gold lettering.
No other signs shall be allowed on the sides or the front of the building, facing the expressway.
The sign shall be dimmed from 12 midnight to 5 a.m. and the message shall not change from 12 midnight to 5 a.m.
Permission to use this sign which exceeds the size and lighting requirements of the Zoning Bylaw is based upon a unique combination of factors.
The business is located on the expressway, across from an exit ramp. The sign will be seen primarily from a high speed roadway and is not visible from residential areas or from the “walkable” business district. In order to be seen such a sign requires a wider viewing angle such as can be provided by an LED sign, in order for the sign to be seen before the customer has to take the exit ramp. A sign with a changing message can advertise the business functions at this location in less space than if all the descriptions were listed on one sign at the same time.
The Applicant has constructed a building for his business that is exceptionally attractive and a substantial improvement to what was there before.
The size of the sign requested is reasonable given the location and the overall size of the building.
The Applicant has requested a reasonable solution to advertise his business given all of these factors, and the Board of Selectmen finds that there will be no substantial detriment to the Town or the surrounding neighborhood if the sign is allowed”.
On November 3, 2011, the Board of Selectmen voted unanimously to approve the re-positioning of the LED Sign from the westerly façade of the Building to the south facing roof of the Building, a change that does not exceed the pitched roof and does not encroach on any residential or commercial property, contingent upon the re-positioning of the LED Sign being in compliance with all the requirements of the Board of Selectmen’s May 22, 2008 vote.
The Building is no longer used by Kennedy Carpet Cleaning and is vacant.
FAK Realty Trust, the current owner of the Building (the “Owner”), and Sleepy’s LLC (the “Tenant”) are negotiating a lease of the Building pursuant to which the Owner would lease the Building to the Tenant.
Request for Relief
The Owner filed an application (the “Application”) seeking the Board’s approval (1) to place a sign in the form of plate lettering that reads “SLEEPY’S, The Mattress Professionals” on the west façade of the Building that faces I-93; and (2) to display, for a period of up to forty-five (45) days, a temporary sign in the form of a banner that reads “Grand Opening” and American flag bunting over the window on the west façade of the Building facing I-93.
Evidence
The Board of Selectmen affirms the statements made under the heading “Evidence” in its May 22, 2008 vote. In particular, the Board of Selectmen notes that the Building’s location is unique because it is (1) adjacent to I-93 and situated between on and off ramps; (2) not situated in the walkable East Milton Square business district; and (3) surrounded by office buildings, but no retail buildings, on each side.
In addition, the Board of Selectmen finds that the following factors make the Owner’s and the Tenant’s request unique. The nature of the Tenant’s mattress sales business, like the former carpet sales business that occupied the Building, is such that many customers are expected to arrive at the Building from I-93. The LED Sign is visible to traffic traveling north on I-93 but is not visible to traffic traveling south on I-93. A second sign on the west façade of the Building is needed in order to identify the Tenant’s business to southbound traffic. The Tenant has agreed to reduce the requested size of the letters that will appear on the west façade by ten percent (10%) from the size that it proposed initially.
Currently, the LED Sign has four (4) messages in multiple colors that rotate in short intervals of time. The Tenant has agreed that it will display on the LED Sign only a single, stationary message. The Tenant’s LED Sign will consist solely of the word “SLEEPY’S” in red letters against a background that is black, which will blend with the color of the Building’s roof. The name “SLEEPY’S” will stand out, but the LED Sign will be less distracting to traffic and the surrounding area than it currently is and than what it would be under the Owner’s and the Tenant’s initial proposal.
Decision
1. The Board of Selectmen finds that the Owner has a reasonable need to retain the LED Sign that faces northbound traffic on I-93 and to add a sign that faces southbound traffic on I-93 in order to attract the attention of customers and direct them to the store’s location.
2. The LED Sign shall have only one message that reads “SLEEPY’S” in red letters against a black background. The words “The Mattress Professionals” shall not appear on the LED Sign. Neither the Owner nor the Tenant may advertise a different message on the LED Sign nor may they change the colors of the LED Sign or rotate any other message at any interval, except that the Owner and/or the Tenant shall permit the Town of Milton to display an emergency message on the LED Sign if requested by the Town Administrator or the Chief of Police. The LED Sign shall be turned off from 11:00 p.m. to 5:00 a.m. each day.
3. Because of the uniqueness of the Building’s location and its non-residential immediate surroundings, there is a reasonable basis for granting an exemption from the standards set forth in Section III.C of the Zoning Bylaws and allowing a second sign to be placed on the Building, subject to the following conditions. The Board of Selectmen finds that the granting of an exemption from the standards set forth in the Zoning Bylaws will not have a substantial detrimental effect on the community.
The Tenant is permitted to add a sign to the west façade of the Building that faces I-93. Such sign will consist of plate letters pin mounted as shown on page 1 of the attachment to the Application, as revised as of February 11, 2014. The sign shall read “SLEEPY’S, The Mattress Professionals” on two (2) lines. The proposed plate letters pin mounted signage will be installed on the west façade of the Building. The words “The Mattress Professionals” shall be printed in black and the word “SLEEPY’S” shall be printed in red. The red letters that spell “SLEEPY’S” are each 20½” in height; the black letters that spell “The Mattress Professionals” are each 8¾” in height. The signage on the west façade shall be lit by three (3) Gooseneck Sign Lights extending out from the building. These lights will have individual surface mounted electric boxes. Lighting is allowed during normal business hours; however, such lighting must be turned off no later than 11:00 p.m. each day.
4. The Tenant is permitted to display, for a period of up to forty-five (45) days, a temporary sign in the form of a banner that reads “Grand Opening” and American flag bunting over the window on the west façade of the Building facing I-93, as shown on page 4 of the attachment to the Application.
5. Except as modified herein the approval of the Board of Selectmen voted on May 22, 2008, as modified by the approval of the Board of Selectmen voted on November 3, 2011, shall remain in full force and effect. Any change in sign lettering or in the message advertised by a sign shall require prior approval of the Board of Selectmen.
13. The Board discussed the following articles for inclusion in the 2014 Annual Town Meeting warrant:
Article N-1 Zoning Bylaws reformatting
The submitted article is an attempt by the Planning Board to make the Zoning Bylaws more user friendly. The rewrite will feature a more simplified process to understand the Town of Milton zoning requirements.
Submitted by the Planning Board
Article N-2 Cluster Development
The submitted article is a rewrite/update of the current cluster bylaw. As currently constituted the bylaw is not very useful.
Submitted by the Planning Board
Article N-3 Medical Marijuana
Last May, town meeting voted a one year moratorium on the placement of medical marijuana facilities in the Town of Milton. This article is the final product of the Medical Marijuana Subcommittee and the Planning Board, developing verbiage on placement and local requirements for a medical marijuana facility.
Submitted by the Planning Board
Article N-4 Medical Marijuana Moratorium
This article legally provides for a temporary moratorium until December 31, 2014, should the previous article (N-3) fail to pass at Town Meeting.
Submitted by the Planning Board
Article N-5 Agricultural/Nursery/Landscaping Development
This article is a citizen’s petition article that would allow Thayer Nursery to continue operating as a full service nursery, landscape and snow removal company. The article is meant to allow the Planning Board to grant a Special Permit allowing the business and its associated housing jointly exist in a Residence AA zone.
Article N-6 Attached Condominium Residence Development (ACRD)
This article is a citizen’s petition article to allow attached condominiums in a specific number, on a specific 35,000sf parcel. The article is attempting to create a Planned Unit Development (PUD) on land off Pleasant Street. This article would allow for attached condominiums in an area that is currently zoned Residence B (single family homes on a lot of at least 20,00SF and 100’ of frontage on a town way). The article is assuming a subdivision will be approved (nothing on file at this time) and though access from development by way of Town land is mentioned, no access has been requested or granted on Town land.
Article N-7 Amend the financial penalty for zoning violations under Section XI of Zoning Bylaws
This is a Planning Board article to amend the financial penalties for violations under Section XI of the Zoning Bylaws. At the October Town Meeting this article was sent back to the Planning Board for further study. The submitted version has been refined and is here by submitted by the Planning Board.
Submitted by the Planning Board
Article N-8 Liquor License Home Rule Petition Request from Franklin Street Realty Trust
This article is a request from Franklin Street Realty, LLC for a liquor license for
three, connected parcels in East Milton Square (the former Milton movie theatre,
10 Church and 14 Church Street) that will be developed into a restaurant where
the old movie theater was located.
Submitted by the Board of Selectmen
Article N-9 Neighbors of Curry College Citizens Petition
This article is a citizens’ petition from the neighboring residents of Curry College
seeking relief from issues relating to the use of the athletic complex and the turf
field.
Article N-10 Appropriation for a feasibility study for a new Public Works/Park/Cemetery/Consolidated Facilities Complex
This article is for an appropriation for a feasibility study of the current Public
Works location to determine the cost and benefit of constructing a new complex
for these town departments.
Submitted by the Board of Selectmen
After discussion, Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to approve Article N-8 and Article N-10 for inclusion in the 2014 Annual Town Meeting Warrant.
14. J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to designate Selectman Conlon as its representative to meet with Planning Board member Emily Innes, Planning Director William Clark and GIS Operator Allan Bishop to discuss town properties that have potential for affordable housing.
15. The Board discussed the proposed residential development at 693-711 Randolph Avenue and the application for comprehensive permit site approval that has been submitted to the Massachusetts Housing Finance Agency by the Holland Companies. During discussion it was the consensus of the Board that more time is needed to review the application.
Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to request a 30 day extension period for reviewing the Comprehensive Permit Site Approval submitted by the Holland Companies for a proposed development at 693-711 Randolph Avenue and to include this issue on the February 25, 2014 agenda for more discussion.
16. J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve the appointment of Ryan O’Connell, 24 Horton Place, to the Commission on Disability to serve through July 2016.
17. Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to approve the use of the Town’s streets and ways for the third annual St. Patrick’s Day 5K Rugby Run that is scheduled for Saturday, March, with proceeds to benefit the Milton High Rugby Club, contingent upon approve by the Police Chief.
18. Town Administrator Fagan announced that on January 23, 2014, Judge George Phelan ordered entry of judgment in the case of the Milton Board of Selectmen, acting as trustees under the will of William Stoughton v. Martha M. Coakley, in her capacity as Attorney General of the Commonwealth of Massachusetts, Norfolk County Probate and Family Court No. 12E006E. That judgment allows the Trustees to sell a portion of the Governor Stoughton property to Pulte Homes of New England, LLC, in accordance with the purchase and sale agreement signed by the parties. That judgment also requires the Trustees to serve upon Pulte Homes of New England, LLC, a copy of the judgment and the Attorney General’s assent to the joint motion of the Trustees and the
Attorney General for entry of that judgment, to notify the Attorney General’s Fair Labor Division of any information received about labor law violations, and to post a link on the Town’s website to provide online access to Fair Labor Division complaint forms.
Ms. Fagan also reported that the Town/School Consolidation Committee has met twice to begin its exploration of potential consolidation opportunities between the Town and the School Department.
19. Chairman Keohane reported on the Interfaith Martin Luther King Celebration that was held on January 20, 2014 at the Concord Baptist Church. Mr. Keohane read the “No Place for Hate” resolution that was signed by the Selectmen and encouraged residents to contribute to the proposed signage for the memorialization of the East Milton Railroad Village.
20. Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously with Denis F. Keohane voting yes, J. Thomas Hurley voting yes and Kathleen M. Conlon voting yes at 9:09 p.m. to enter executive session to discuss the purchase, exchange, lease or value of real property, Parcel A off Deer Run Lane, to consider the sale of property at 0 Central Avenue, to discuss the deployment of security personnel (SRO Officer), to discuss complaints against a public officer, employee, staff member, or individual, believing that having these conversations in open session would have a detrimental effect on the bargaining position of the body and to return to open session to adjourn.
21. Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously at 11:26 p.m. to adjourn.
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