MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: October 12, 2004
Date of Transcription: October 13, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Tropeano called the meeting to order at 7:10 P.M.
A. Roll Call
Selectmen Present: Patrick G. Tropeano, Chairman
Bruce Sauvageau, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Selectman Absent: Cindy Parola
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
(NONE)
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
(NONE)
C2. Appointments of Election Poll Workers.
MOTION: Selectman Sauvageau moved the Board appoint Lucille Dardis, James A. Magnon, Diane Gonsalves, Laura Lopes, & Carol MacGray as Election/Poll Workers to terms to expire 6/30/05. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
IV. TOWN ADMINISTRATOR’S REPORT
1. BDOD Update. There have been three revisions of the BDOD legislation. At this time, the Administrator is recommending that the Board endorse Senate #2348 and forward to out Senator and Representative for action. Senate #2348 is actually the second revision that was made to the legislation and was previously reviewed by the Board last May.
MOTION: Selectman Sauvageau moved for the Board to approve the language of Senate #2348, An Act Relative to Mitigation Fees in a Business Development Overlay District in the Town of Wareham, as attached. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
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2. EDIC/CDA Update. This matter has now successfully completed both House & Senate review. Yesterday, it was forwarded to the Governor’s office for signing; he has ten days in which to sign.
The Administrator stated w/ the signing of this, the current EDIC/CDA would cease to exist. There is a need for members for the new configuration. Anyone interested should apply in the Board of Selectmen’s office.
V. LICENSES & PERMITS
A. Request for use of Town roads by the Wareham Recreation Department for their annual Christmas Parade beginning at 4:14 P.M. at Besse Park and ending in the Memorial Town Hall parking lot on 12/18/04 w/ a 12/19/04 rain date.
MOTION: Selectman Sauvageau moved the Board approve the request for use of Town roads by the Wareham Recreation Department for their annual Christmas Parade beginning at 4:14 P.M. at Besse Park and ending in the Memorial Town Hall parking lot on 12/18/04 w/ a 12/19/04 rain date. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
B. Hearing – Re-open hearing on an application by Cumberland Farms, Inc. for an Inflammable Fluids License.
Present before the Board: Robert R. Pellegrini, Jr., Attorney
Manny Paiva
Todd Brayton, Traffic Engineer
Richard Boyle, Sales Manager
Mr. Pellegrini stated he had come before the Board some months ago w/ an application for underground storage tanks. He stated that the Board of Appeals approved the project in 6/04.
Mr. Pellegrini stated this process began back in 2000, which resulted in a denial due to traffic issues. He stated the matter was appealed & came back before the Town as a remand. He stated this is when he came into the project. He stated the project was brought back to the Town for review. He briefly discussed Planning Board concerns re: traffic, gas islands, & downgrading the building.
Mr. Pellegrini stated at this time, the building has been downgraded to 3,200 sq. ft. & will be converted to one use. He stated the Police Dept. & Fire Dept has endorsed revised plan.
Mr. Pellegrini submitted a letter from the North Carver police. He stated there was a similar project in Carver that had similar concerns by the town. He stated the letter explains the situation at the present time in Carver & that traffic is not a concern as was first thought it would be.
Mr. Pellegrini stated the Conservation Commission gave approval of the project last week.
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Mr. Pellegrini stated the Zoning Board of Appeals has a vast list of conditions. He explained some of the conditions, for example, gas delivery times; a more pleasing building, a one-year review by the Planning Board, & signage must have a more pleasing view. He discussed site area improvements, for example, screened-in dumpsters, placement of a sidewalk on Depot St., & Arborvitae plantings.
Selectman Sauvageau stated the Board is under no obligation to accept the recommendations of any other board, commission, etc. He stated other boards; commissions, etc. are specific functions that study specific questions.
Selectman Sauvageau stated the Board is concerned re: traffic at this site & traffic mitigation. He expressed concern over the traffic study conducted, which did not answer the questions/concerns over traffic.
Selectman Sauvageau spoke re: a petition against the project w/ approx. 450 signatures on it.
Selectman Sauvageau proceeded to site examples of his concern re: the traffic study report. He stated, for example, on page 4 the report sites trips generated, existing trips, & new trips. He stated that according to the information in the traffic study, there would be a 32% increase in traffic to this area. He stated on page 10, the study sites that the project would have no significant impact to traffic. He stated he finds this unreliable.
Selectman Sauvageau expressed his concern over the use of a traffic study conducted in 2000. He stated the demographics of the area have changed in the past four years. He stated no new information has been brought forward to the Board re: traffic.
Mr. Pellegrini spoke re: the 405 signatures petition & questioned the origin of said petition.
Mr. Boyle discussed his experiences in different communities. He discussed informal feedback relative to the project from the Town community. Mr. Pellegrini stated after the last meeting w/ the Board, a discussed was held outside w/ some citizens who expressed concern re: the project. He stated he asked these citizens if they had seen the plans & the citizens replied “No”. Chairman Tropeano stated that Cumberland Farms, Inc. should have educated the public well before this point in time.
Selectman Sauvageau doesn’t feel the aesthetics & setbacks of the project mitigate traffic issues. Mr. Pellegrini discussed the traffic study points, for example, new trips mean on site. He stated the Cape Cod Commission rates were utilized because they were more conservative vs. SRPEDD’s growth rate relative to traffic.
Selectman Sauvageau asked how does this growth percentage factor in all the different development that has occurred in this area. Mr. Brayton stated overall the 2% factors in all the development that has occurred, typically. He discussed a study done in 8/04 & letter submitted by Roland Herbert, Transportation Manager & Deputy Director. (Attached as reference). Selectman Sauvageau expressed what he interprets from this letter, especially the last paragraph.
Selectman Sauvageau stated he understands there are 125 new & additional stops to this site. He also understands there were 79 accidents at this site. He feels using the same analogy, more additional accidents will occur due to the increase in traffic visits of 32%.
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Chairman Tropeano stated another issue is the number of trips used. He stated there are two businesses at this site presently & they are moving across the street & around the corner. He stated these two businesses will still be in the general area & he feels this factor has not been figured into the traffic plan at all. Selectman Pillsbury feels that the business moving across the street will create a whole new set of problems.
Chairman Tropeano feels that 32% is a flawed number due to the fact that it is only pertaining to the Cumberland Farms store. He feels it doesn’t pertain to other businesses that are on site & will be moving in the same area. Mr. Brayton addressed Chairman Tropeano’s comments.
Selectman Sauvageau again stated that the other boards, commissions, etc. have their very own function & the Board of Selectmen has their own function. Mr. Brayton discussed how most of the trips will be on the roadway & people will be just stopping to get gas. Selectman Sauvageau stated that there will be an increase of 125 cars exiting & entering into the site. Mr. Brayton stated although this is true, they were not aware of the businesses currently at the site would be moving across the street & around the corner when the planning was done for this project.
Lengthy discussed ensued re: developmental growth percentages & what these percentages are based on.
Mr. Brayton discussed where the accidents spoken about occurred & how the new property use will lessen accidents. He discussed the signal at the intersection. He discussed the meeting w/ MA Highway in which a new one-way driveway was recommended. He stated that the timing of the signal lights was not discussed at this recent meeting w/ MA Highway.
Selectman Pillsbury spoke re: SRPEDD’s figures relative to traffic. She stated that for Route 28/6, Glen Charlie Rd., & Depot St. the capacity utilized is 77%. She stated the capacity for the Depot St. is 90.7%. She stated these percentages are current & denotes that there isn’t a lot of capacity w/in this area. She stated visually, the business will be enhanced, but the most important factor is safety w/ re: to traffic in this area. She expressed concern that this project will make a bad roadway worse.
Mr. Pellegrini stated that the Cumberland Farms store makes money on people that already utilize the store. He stated he would be interested in any suggestions the Board has re: mitigation.
Mr. Pellegrini asked if the same traffic concerns arose w/ the two restaurant businesses that will be moving to the area. Chairman Tropeano stated they probably did, but the Board of Selectmen does not license these businesses. Selectman Sauvageau stated that these businesses are not changing their venue, Cumberland Farms is, they are changing to using gas pumps which changes the complexity of the type of business that will be going in there.
Chairman Tropeano expressed concern re: the time people spend on the property will be longer & retention time will be longer w/ the use of gas pumps on the site.
Mr. Brayton discussed the intersections utilized & capacity figures.
Chairman Tropeano asked those present if anyone wished to speak for or against the application.
Present before the Board: Jim Newman
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Mr. Newman stated he is against the project. He stated he drives through this section a lot & it takes a lot of time as it stands now. He feels this project will make it more dangerous to pass through this area.
No one spoke in favor of this application.
Chairman Tropeano entered the petition into the record signed by 405 citizens.
Brief discussion ensued re: the issuing of lottery tickets & the problems this creates on the premises.
Selectman Pillsbury read a letter into the record from Selectman Parola re: her concerns of this project.
Mr. Pellegrini stated he would like to meet w/ the Board to discuss the report & mitigation further. He feels this project won’t be a detriment to this area at all.
MOTION: Selectman Pillsbury moved to close the hearing subject to the ability to receive written comments. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
VI. ANNOUNCEMENTS
(NONE)
VII. BUSINESS
A. Any other business.
The Board discussed Town Meeting Warrant articles.
Article 1 – Supplemental Budget
Discussion ensued re: budget figures. The Administrator discussed that the FinCom deleted three new police officer positions in the amount of $53,000. Discussion ensued. Chairman Tropeano stated he hoped the FinCom would change their minds re: this deletion. He feels this may need to be amended on Town Meeting floor. He feels this matter needs to be addressed. Selectman Fernandes-Abbott agreed.
Chairman Tropeano feels that what the Town is experiencing now is a bubble dealing w/ income.
Article 2 – Stabilization Fund
MOTION: Selectman Sauvageau moved No Action on Article 2 of the 10/25/04 Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
Article 3 – Capital Improvements
Discussion ensued re: capital requests & amounts.
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Chairman Tropeano expressed concern re: a request for $200,000 for the rehabilitation & relocation of the portable classrooms from the Middle School to the High School & why this isn’t covered under the Middle School project. The Administrator understands the project did not include bringing the portables up to code. Chairman Tropeano feels this is part of the project & doesn’t feel this should be paid through the Town side of government. Discussion ensued re: how the project contingency money will be utilized.
Discussion cont’d. re: other capital requests & amounts. The Board members concurred to delay voting on this article.
Article 4 – Unpaid Bills
The Administrator stated $331 is needed to pay a Veterans Services bill.
MOTION: Selectman Pillsbury moved Favorable Action on Article 4 of the 10/25/04 Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
Article 5 – Signs Account
MOTION: Selectman Sauvageau moved Favorable Action on Article 5 of the 10/25/04 Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
Article 6 – Parking Meter Fund
MOTION: Selectman Pillsbury moved Favorable Action on Article 6 of the 10/25/04 Town Meeting Warrant. Selectman Sauvageau seconded.
VOTE: Unanimous (4-0-0)
Article 8 – Harbors & Beaches Account
MOTION: Selectman Pillsbury moved No Action on Article 8 of the 10/25/04 Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
Article 10 – Public Employees Union
MOTION: Selectman Sauvageau moved No Action on Article 10 of the 10/25/04 Town Meeting Warrant. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
Article 13 – Dog Licenses
The Administrator stated last year language was passed & the Attorney General stated the Town should accept Chapter 40, s. 139.
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 13 of the 10/25/04 Town Meeting Warrant. Selectman Sauvageau seconded.
VOTE: Unanimous (4-0-0)
Article 26 – Sewer Projects
The Administrator stated that the amount of this article is $2,685,000.
MOTION: Selectman Fernandes-Abbott moved Favorable Action on Article 26 of the 10/25/04 Town Meeting Warrant. Selectman Sauvageau seconded.
VOTE: Unanimous (4-0-0)
Article 28 – Patriot Act Resolution
MOTION: Selectman Pillsbury moved No Action on Article 28 of the 10/25/04 Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
VIII. SELECTMEN’S REPORTS
(NONE)
IX. ADJOURNMENT
MOTION: Selectman Sauvageau moved at 8:43 P.M. to enter into Executive Session for the purpose of discussing litigation. Selectman Pillsbury seconded.
POLLED VOTE: Selectman Fernandes-Abbott – Yes
Selectman Pillsbury – Yes
Selectman Sauvageau – Yes
Selectman Tropeano – Yes
VOTE: Unanimous (4-0-0)
NOTE: Chairman Tropeano stated the Board would not be coming back into open session.
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for
their approval on October 26, 2004_.
Attest: Bruce Sauvageau
Bruce Sauvageau, Clerk
BOARD OF SELECTMEN
Date signed: October 26, 2004
Date copy sent to Wareham Free Library: October 27, 2004
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