6 - 4 - 07
At the meeting of the Randolph Board of Selectmen held Monday, June 4, 2007, the following were present: Chairman Paul J. Connors, Vice Chairman and Clerk Richard W. Wells, members James F. Burgess, Jr., William Alexopoulos, and Maureen C. Kenney, Executive Secretary Michael J. Carroll, Town Counsel Paul R. DeRensis, and Administrative Assistant Linda M. Sproules.
Mr. Burgess said the opening prayer, and Mr. Wells led the Pledge of Allegiance. A moment of silence was held for retired teacher Joan McGerrigle (wife of retired Fire Captain John McGerrigle) retired Auxiliary Police Officer Robert Porter (father of Police Chief Paul Porter) retired Health Agent John Dowd, and retired teacher Edmund Corbett (father of Police Officer Edmund Corbett).
Mr. Wells moved to accept the minutes of 3-12-07. Seconded by Mr. Alexopoulos. Voted, 5-0.
Public Comments
Gerald Kaplan said his problems continue. He can't get to the hospital for treatment on Tuesdays. The noise in his apartment goes on 24 hours a day. He is followed by town vehicles everywhere he goes.
Judith Gangel requested a green arrow signal northbound on Rt. 28 at Warren Street. Discussion followed. Mr. Wells moved to forward this, and the request from Marie Matson to consider a left turn green arrow at the corner of North Main Street and South Main Street (in front of the Library) to the Police Chief. Seconded by Mr. Alexopoulos who said it would require changing out that control. Mr. Wells said all of our lights are in trouble and need updating, including the pre-emptors. Voted, 5-0.
Joe Burke asked that the résumés for the Town Planner voted at town meeting show what they have done and what they have brought in for money.
No further comments.
Hearing - Patrick J. Brady - Request for a Special Permit for a drive-through window, and a Special Permit for 24-hour ATM service
Patrick and Meg Brady were present. Legal notice was read. Mr. Brady presented a full size plan (Conceptual Plan 2). This is an application for drive-through and an application for a 24-hour ATM. The properties at 301 North Main Street and 307 North Main Street are owned by him. This plan is to tear down the buildings, level the area; and build a bank. The proposed building would be a 3,800 square foot single story on a flat pad. Parking would be on 307 North Main Street. This proposal would reduce the total building square footage from 19,000 to 3,800. Banking is an allowed use in the Crawford Square Business District. The bank would require a drive-through and 24-hour ATM operation. The interior of the bank would be traditional bank hours. The 24-hour ATM would be
inside the bank with security. Frontage will be at a 90° angle which allows for a drive-through and green space. All banks in town have drive-through's and ATM's. There is room to accommodate this. They will be applying to the state to close one of the entrances on Rt. 28. There are 15 offices in the building now - an auto detailing business, a newspaper agency, and a construction truck parking area. There has been traffic in and out for years. Mr. Brady asked the board to grant the special permit. Ms. Kenney asked, if she was standing at Sudbury Farms would she see the side of bank. Affirmative. Mr. Brady pointed out the elevation and said it would allow for more green area. Mr. Brady said the sidewalk would stay the same. The curb cut would be requested to change just the Bagnell/Brady Auto entrance. They propose some type of fencing. It is a local bank but he cannot name it at this time. He
would remain the owner of the property. Mr. Connors asked if there was anyone present to speak in favor. Judith Gangel said the Bradys have been local for more than 35 years. She said the presentation was well prepared and she urged approval with conditions as needed. Joe Burke asked if there was a bus stop there. Mr. Brady said it was located further north in front of AXP Auto. Joe Burke asked if the bank is set way back. Negative, it would be close to the street. No one else spoke in favor. Opposition: 3X none. The public portion of the hearing closed. Board: Mr. Burgess thanked the Bradys for working with the new bylaws. This plan conformed to the bylaws as all banks. The use is in harmony with the intent of the zoning bylaws. Relief sough is a 15 foot set back from North Main Street. The issue involving pedestrians has been addressed and the position of the bank works.
Works well with zoning bylaws. Mr. Burgess asked how much fill would be brought in. Mr. Brady said both buildings are on the property lines. Around perimeter he would put up an integrated block wall, approximately 10,800 cubic yards of clean fill would be brought in and compacted. A storm water management system is being designed. Parking area is all black top now. The fill would not run off onto other properties. Mr. Burgess said the green space would retain the runoff also. The wall in the back would be lower than the Brady Auto foundation. Wall would be set back a little. Access to the bike path would not be affected at all per Mr. Brady. Mr. Brady said the engineers were working on the slope. Wall height is not definitive but it will be fenced. The trees would remain and the wall would not affect them. Mr. Brady said he had presented plans to the ConCom and the DPW engineer. The
brook and the runoff would be addressed as well. Mr. Alexopoulos asked who would build the bank. Mr. Brady said he would and that he would own both. Traffic counts have not been done yet. Mr. Brady said the use would be far less than what is there now. The parking would be reduced from 62 to 30. Mr. Connors said, as a plus, these have been early morning businesses. There would be two drive-through's with stacking lanes to hold 7 or 8 cars. This is a retail bank service oriented. Mr. Burgess moved to grant a Special Permit to allow 24 hour operation of ATM machines, that the use is in harmony with the intent and purpose of the zoning bylaws, and the proposed use does meet additional requirements of zoning for issuance of a special permit because it will serve the public good. Seconded by Mr. Wells. Roll call vote: Connors-yes, Burgess-yes, Alexopoulos-yes, Wells-yes, Kenney-yes. Voted, unanimously.
Mr. Burgess moved to grant a Special Permit to allow the two lane drive-through window for the purposes of conducting business as a bank for the hours only when the bank is open and manned by employees from within the building, that the use is in harmony with the intent and purpose of the zoning bylaws, and the proposed use does meet additional requirements of zoning for issuance of a special permit because it will serve the public good. Seconded by Mr. Wells. Roll call vote: Connors-yes, Burgess-yes, Alexopoulos-yes, Wells-yes, Kenney-yes. Voted, unanimously.
Correspondence
1) Letter received from Jean Duddy resigning from the Design Review Board. Mr. Burgess moved to write a letter of thanks. Seconded by Mr. Alexopoulos. Voted, 5-0.
2) Letter from State Lottery - Keno request from C & J Cuisine. If the Board opposes, they can hold a hearing. Ms. Kenney asked if zoning or MPIC ever had discussions on Keno. Negative, it is not in their jurisdiction. Ms. Kenney asked if Randolph could ban Keno. Negative. We don't have to accept it but we would have to notify the State. Mr. Alexopoulos said Keno is typically played where you can sit. Ms. Kenney asked if the town gets revenue from Keno. Just lottery receipts on cherry sheet. She asked if we could tax it. Negative. Town Counsel said to write to the Lottery with no objection and ask them to incorporate the policy about the location of TV's, etc. Board voted, 4-1 (Burgess opposed) Town Counsel's
suggestion.
3) Letter from Walpole seeking the town's support of a change to Ch. 40B regulations. Ms. Kenney said we should support this to protect the essential services. We should write to state asking. Moratorium and do evaluation. Seconded by RW. Voted, 5-0 to support the Town of Walpole, and write to our state reps asking that Ch. 40B be changed. Town Counsel said that many 40B's can be converted in 40R's and he suggested a Town Meeting article. Town Counsel will write the article.
4) Memo from Town Accountant's office re: end of year spending and encumbrances.
5) Email received complaining about noise outside O'Donnell's. Mr. Burgess suggested that we could ask the Chief about complaints on the log. Chief Porter will be contacted for a reply.
6) NIMS training - 100 and some 700. Advanced levels still have to be taken. Elected officials have to do it.
7) Mass. Housing Finance Agency re: South Village off Van Beal Road. - 28 townhouse condo units. JB said on 40B, 40R, 40S process, we have had a lot of interest. 40B can be a threat. We have a proposal in front of us that would give a designated area in Great Pond Commerce Center for a 40R project. He and Ms. Kenney met with the Department of Housing and Community Development last week. It is being given the nod. A benefit of 40R is that the request is coming from a town, we would get $50,000 to write the bylaw, we could use the funds for an expedited Town Meeting, and we could vote the bylaw and have the units built. $3,000 is given to the town for each building permit. We can designate units as market rate affordable which would allow us to be able to count
toward our 40B number. It is an area of economic vitality, higher end development. We have great flexibility is creating the density threshold. It would still go through all town boards. It goes through Board of Selectmen, not the Zoning Board of Appeals. Mr. Burgess moved that the Board support the Great Pond Commerce Center. Seconded by Mr. Wells. Ms. Kenney added that in the meeting, the State indicated that most 40R's are professionals and seldom have children. She supported. This, with Roseland's project, should put us over the line. We can put an end to 40B. Town Counsel suggested combining with 43D for expedited permitting. The town would be entitled to $150,000 with many state benefits. With 40R, the town would get school payments to support the schools. It could be targeted to a specific area. It is strongly supported by the State and backed with real dollars. Targeting was explained. The owner has moved family and business associates in some vacant
buildings. They would like to move the daycare center and they are committed to building a hotel/conference center. Ms. Kenney said Roseland's 258 units could create 258-500 kids. We are closing schools and we could have 500 additional kids. Discussion. Mr. Alexopoulos said we should have done these things years ago. Mr. Burgess said this had been worked on for 2 years starting with the rezoning. Mr. Burgess felt this was good re-development. Single family homes are not going in. This would be a live-where-you-work. Mr. Burgess said if 200 people were in there, they would bring residual business. Do we have to accept 43D? Affirmative per Town Counsel, at Town Meeting. Mr. Connors said we could expedite the vote for40R and Town Counsel could be prepared. Voted, 5-0. Town Counsel said 43D is to help you market and bring to you people from all over the world. This applies only to specific
sites. They would set you up with a grant to expedite. Town Counsel will prepare the article to be voted at next Town Meeting. WA said we could look at Teed Drive also. Mr. Burgess said the intent was to look at other parks as well. PRD said the State would come out for a presentation. This is a potential moneymaker.
8) Email from Scott Stuart of Aux. Police who had to resign due to job commitments. (He had asked for a leave of absence). Mr. Burgess said that as liaison he was informed of this by Chief Robles. Certain information was requested of his superior and it was not forthcoming. Chief Robles to reply.
9) Holbrook Library letter - Mr. Burgess asked if we have been decertified and could we confirm. Inform all the libraries - we have fully funded Old Colony, hours filled, and due to our actions, please allow our users use of facilities. Mr. Connors said the trustees felt there would be follow up letters allowing use. Mr. Burgess felt we should ask them. Mr. Connors asked to hold up until next meeting and reply from the Library Director. Agreed.
10) Letter from Mark Schwartz - Mr. Connors met with Mr. Swartz before vacation. He would like to do something on the front lawn. We never did one for Bernie Davidson. We may put in 2 small trees and dedicate them both at the same time. Mr. Burgess said he had no problem with trees or dedication, just the location. It sets a precedent.
11) Letter from Lynne Freedman thanking the Board for allowing the annual Janet McDonald Walk for Cancer.
12) Letter from Mass. Housing re: Bridal Path loan.
13) U.S. Environmental Protection Agency letter advising that Randolph, Braintree, and Holbrook have not applied for the grants for water improvements. Mr. Burgess said this is the pumping station and they can't agree. Write to the DPW requesting a written reply to this letter, what is their position; and in what direction they intend to go.
14) MMA action alert to support the full Municipal Partnership Act.
15) Copy of letter to Chief Foley from Thomas LaBelle re: grievance.
16) Letter from Board of Health - Looking for legal representation on some cases. Mr. Connors said they have to go through the Executive Secretary if they need assistance. For the most part, they have to be able to defend their actions. It is being left in Mr. Carroll's hands. He can contact to determine the scope.
17) Board of Recreation letter to Personnel Director asking that the Interim Facilities Manager position be added to their agenda to discuss some changes.
18) Email from Town Counsel advising that the Board should include a vote on all future pole relocations to wit: "a reservation of one cross arm at a suitable point on each of the poles for the fire, police, telephone, Internet and telegraph signal wires belonging to the municipality and used by the municipality for any municipal purposes." Mr. Burgess moved to adopt for future. Voted, 5-0.
19) Corkin Trustees (BOH) letter to Mr. Carroll. Mr. Burgess asked if a letter had gone to Mr. Corkin with the suggestion as to the Board's desire to modify the trust. Not yet. Mr. Connors said that Mr. Corkin is amenable to modification. The letter from the Corkin Trustees excluded Mr. Carroll because he is not a Town Manager, however, Mr. Connors as the Executive Secretary was a trustee. Mr. Carroll said he had asked for information repeatedly and he had been provided nothing. Mr. Corkin said the building does not have to be used as a health-related facility, that as long as it is kept up the town, the town can use it any way they want. Mr. Carroll said the trustees entered a lease with WIC. He asked for it in writing and he obtained it and had Town Counsel review
it. The Trustees can lease the, but it is a public building and municipal finance laws require deposits in a trust account and must be approved by the Board of Selectmen. Mr. Carroll will advise the other trustees tomorrow. He will make sure the Treasurer and Accountant are aware. Full disclosure procedures will be used. Mr. Burgess moved that modification of the trust be implemented for public use of choosing by Trustees, Selectmen and Board of Health. Seconded by Ms. Kenney. Voted, 4-1 (Wells).
20) Pond Street - Mr. Burgess asked that Town Counsel prosecute this as it is the first paving case. Agreed.
21) Letter from Mary McNeil re: budget shortfall. Mr. Connors asked how this happened. FinCom looked at level funding, longevity was left out. It was compounded over two years. Mr. Burgess said he was not a fan of closing on Fridays. He would rather have them close earlier. Mr. Carroll will come up with a recommendation for next meeting.
22) Board of Recreation - Country fair - Request to close Carlino Way Sat & Sun, Regina Road closed except to residents. Mr. Wells moved to close Carlino Way. Seconded by Mr. Alexopoulos. Voted, 5-0. Remind Burt of the time that they are to stop dismantling (see previous letter). Police Officer will be on scene one hour after shutdown.
23) Request for Constable - Nicole Jackson. Mr. Connors asked to hold until the next meeting.
Reports
1) MWRA - debt assistance. Looking for support of Senate bill. Draft language included. Our reps and Sen serve on Ways and Means. Mr. Alexopoulos moved to support. Seconded by Mr. Wells. Voted, 5-0.
2) Asst. Treasurer & DPW Supt. met with him late Friday. Documents for $150,000 interim loan approved by Article 52 of 2006 ATM storm water management. Other is $3,464,662 for water main improvements. Documents prepared by bond counsel appear complete and require BOS signature. He obtained the BPW signatures tonight. Asst. Treasurer has not signed. Mr. Burgess moved to sign the bonds ($7,746,000) Seconded by Mr. Alexopoulos. Voted, 5-0. Mr. Burgess moved to sign the bonds ($150,000). Seconded by Mr. Alexopoulos. Voted, 5-0.
Liaisons
Mr. Burgess - Mass Bay program to go to ConCom for response.
Mr. Connors asked that Mr. Carroll set up a meeting with Bob Gillin, teachers. Any Monday, Wednesday, or Friday after 11:00.
Sunday is Firefighter Sunday - St. Bernadette Church at 8:30 a.m. followed by a ceremony and open house at Central Station at 9:30 a.m.
Verizon - They have petitioned for legislation. They are trying to bypass the local approval. Mr. Connors asked that we adopt the resolution to oppose any effort to eliminate local approval. Camera crew was thanked. We would not have this from Verizon. Mr. Burgess moved to adopt the resolution. Seconded by Mr. Alexopoulos. Mr. Carroll said the Cable TV Advisory Committee prepared a resolution. Mr. Wells did not want to pick a specific company, just the taking of local control. It is Verizon's application. Voted, 4-1 (Wells).
Mr. Connors received a letter from Board of Recreation re: Interim Recreation Director. This would require a hearing. We are the appointing authority. Mr. Burgess moved to send a letter in accordance with our policies on personnel matters and the actions that could result as a result of that hearing. Seconded by Ms. Kenney. Hearing to be at 4:30 p.m. on Friday and the individual should be informed of his rights. Mr. Alexopoulos said the hearing would be with the Selectmen, Board of Recreation and the individual. Mr., Carroll said he talked with Peter Berry last week. Statute addresses a closed session. Voted, 5-0.
Draft letter is being prepared on another personnel matter. Mr. Connors said the letter should be in the office on Friday for the start of the open session.
Nicole Jackson was present regarding her constable application. The Board will be in touch within the next two meetings.
Mr. Wells moved to adjourn. Voted, 5-0. Meeting adjourned at 9:43 p.m.
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CLERK OF THE BOARD
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