June 18, 2007
Present is Jonathan P. Smith, Ramesh H. Advani, James C. Lehan and Jack Hathaway, Town Administrator.
Jonathan called the meeting to order at 7:30 p.m. Jack Hathaway read the agenda contents.
ACTION ITEMS
Jim Lehan moved to approve the 3rd Annual Norfolk Dunkin Donuts DARE to Run 5K road race on Sunday, September 23, 2007 beginning at 10 a.m. Chief Stone has approved the route. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to award a contract to W.B. Mason for paper supplies as detailed in the attached document. This is a one year contract commencing on July 1, 2007. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to approve annual Roadway Directional Sign Permits to Norfolk Rink Management, Inc. and Jane and Paul’s Farm. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to vote to transfer $288.09 from the Wetland Protection Account to the Conservation Commission Salary line item to offset the shortfall in that account. This money will be used for clerical and administrative costs for FY07. Ramesh Advani seconded, and it was so voted.
BOARD AND COMMITTEE INTERVIEWS
Affordable Housing Committee
Jeff Chalmers, 50 Kingsbury Road was present. He moved here in August of last year from Arlington. He has been in the real estate industry for the last 16 years. He is interested in assisting the town with his experience and provide himself insight into the town. Jeff told the Board that he has attended several meetings to understand what the Committee is working on. Jeff has limited knowledge of 40B and will learn more. He has worked on civic and municipal committees in other towns.
Jim Lehan moved to appoint Jeff Chalmers to the Affordable Housing Committee, term to expire 6/30/08. He will replace Dan Winslow, Precinct 3. Ramesh Advani seconded, and it was so voted.
Zoning Board of Appeals
Katharine (Kay) Doyle, 7 Chicatabut Avenue. Kay currently serves on the Zoning Bylaw Study Committee. She is an attorney for Kopelman & Page. She explained to the Board what she does.
Kay Doyle said she can do the land use. What the zoning board does is what she does day to day in her job. It is her current area of expertise that no member of the ZBA has. She feels this is something that the current members don’t have. Kay felt one of the things Norfolk could be doing is the enactment of expediting the permitting process and going after grants. Kay said she would like to see some responsible commercial development in town. Make it attractive to come to town and make sure that the town is protected and abutters who deal with this has their interest protected. Welcome commercial development and a housing issue that needs to be welcomed. Kay said she would like to be on ZBA because she would see the impact of her work sooner. It would take longer on the
Zoning Bylaw Study Committee.
Rob Garrity, 123 Boardman Street said he is interested in another term. This would be his first complete five year term. Rob is the Clerk now and writes the opinions. He said they have been sued but it hasn’t been overturned.
Rob discussed the chairmanship of the ZBA and said that it is open every year. None of the other members have been willing to do it. Ramesh asked why? Rob said the members that are interested were too new to do it. He feels there has to be a certain personality to be chair and said the current chairman (Bruce Simpson) is excellent. Bruce is also in town where the other members are not.
Rob said there are some redundancies in the wetland portion of the bylaw. They see what the Conservation Commission said. They are talking about taking some of the bylaw out that doesn’t matter. They are not interested in dragging it out. Ramesh suggested you should be bringing your influence on dumb bylaws to the Zoning Bylaw Study Committee since you have a representative.
Jim Lehan moved to appoint Rob Garrity as a regular member of the Zoning Board of Appeals for a five (5) year term. Ramesh Advani seconded, and it was so voted.
Mike Kulesza, 18 Creek Drive. Mike told the Board he is very interested in being reappointed. This will be his third term as an associate member. Mike has tried to position himself as becoming an expert and is on the Economic Development Committee, and Zoning Bylaw Study Committee and the knowledge he gets on all these is beneficial which gives him the big picture. He said the Zoning Bylaw Study Committee is a very focused and dedicated board. It is a healthy board and will get some things done.
Jonathan said we are making appointments, and this is not a public hearing. He said Elissa Flynn-Poppey is out of town on business and could not be here tonight.
Bruce Simpson said he knows all of the applicants and any of them would do a great job. The current members he would support more. He said he asks any resident interested in becoming a member to come before them to sit in on a meeting.
John Burke, current ZBA member said the reason Bruce is chairman is that none of them work locally and it is a benefit for them to have someone local who can do site visits and come into the office. They try to get people who are completely neutral.
The Board discussed the ZBA positions. Jim said he has no concerns with any of them. This is a tough one for him. He is very respectful of the two people on the board. It is difficult to say there is reason not to appoint them. Kay brings unique circumstances. She definitely brings capabilities. Ramesh agrees but said that he has spoken to Kay as well as Elissa, Rob and Mike and everyone is qualified. He wants more development and changes that Kay talked about happened on ZBSC. Jim feels that it would be helpful if the creative background that Kay talked about was brought to ZBSC. Elissa represents developers and followed voting pattern and jurisdictional approach. Jim said he is very comfortable with reappointing the two ZBA associates, and would like to see Mike and Elissa
reappointed.
Jonathan said that he is looking at the overall best interest of the town. He thinks we need Kay’s experience and enthusiasm and wisdom and feels that we need to have it. We should decide what our priorities are, and get it accomplished and get through to people who don’t agree. We hear from a tiny fraction of people in town. We have an obligation to decide what we will do. Right now, Jonathan feels it would best happen if Kay was a strong member of the ZBSC and the other two remained on the ZBA.
Ramesh Advani moved to reappoint Mike Kulesza and Elissa Flynn-Poppey as associate members for one (1) year. Jim Lehan seconded, and it was so voted.
CONSERVATION COMMISSION
David Lutes, 15 Pondview Road
David Lutes told the Board he worked for the state environmental affairs office until January. He started in 1991. With the change of administration at State level, he was asked to move on. He is trying to land a position with an environmental consulting firm. David said leaving the State made him feel like he could work for the town and give his time.
The Board questioned Mr. Lutes with respect to the Conservation Commission, bylaws and rules and regulations.
They thanked him for his time and interest.
Thomas Norton, 31 Priscilla Avenue
Tom Norton is a lifelong resident and graduate of King Philip. He is a remodeling contractor and occasional house builder. Tom said he is not an environmental engineer and is not familiar with the laws. He said he feels he can bring much to the table from the other side. He said Ramesh was correct when he said that we are one of the toughest towns with their laws. He feels it is a shame. He said he would like to give the people a fair chance. Tom said they should have to abide by the laws, but people have the right to develop their property when they have been paying taxes. Tom said he hasn’t been before the ConComm himself, but his clients have. He has had to comply with ConComm decisions for his clients.
The Board questioned Mr. Norton with respect to the Conservation Commission, bylaws and rules and regulations.
They thanked him for his time and interest.
Andy Bakinowski, 21 Naugatuck Avenue
Andy Bakinowski has been an environmental consultant since 1983. Andy said he has done anything from development to wells, site mapping, hydrogeologist to site mitigation. He works with renewable energy, grant writing, and does different jobs and challenges.
Andy is a former Conservation Commission member. He said he is in favor of a pre-submission hearing. He said in the past, that was how it was done. It was reviewed and tweaked and then they came back and it was done. Andy feels this gets things moving. Look at crossing your t’s and dotting your I’s. It is not the Commission’s role to tell people what to do, but to guide them through the process. Andy disagrees with some of the bylaws, but they are the rules and if we need to work at changing them, then we will. If the applicant does their homework and justifies to the board their need, it should be granted.
Ramesh asked why he left. Andy said the first time was because of work responsibilities, and the second time was because of a disagreement. Ramesh feels he is qualified and thinks that he would be good on the commission.
Andy told the Board that part of the disagreement was when the Town had the auction, he gave some responses to people viewing the property. Andy felt it was his job to give correct information.
The Board questioned Mr. Bakinowski further, and thanked him for his time.
Jason Talerman, 11 Chickadee Drive
Jay Talerman appeared before the Board seeking reappointment. He told the Board he is currently chair. He said the Board of Selectmen has been concerned and somewhat critical. He wants to get past that and clear the air. Jay said they’re about the environment. They are different than the ZBA and Planning Board that operate under the bylaws. Jay said what makes a good decision is a story making process and you find the facts, hear the facts, listen to experts. Sift through and discuss it as a group and come up with a decision. They receive a lot of different kinds of applications. Many are single family homeowners. They get many septic systems or additions. He has been on the commission two years and has approved 100%.
The Board had a very lengthy discussion with Jay about the past behaviors and practices of the Conservation Commission. They discussed Call & Wait and Buckley and Mann as a result of Jay’s comments that he was critical of BOS actions in those areas. Also, the BOS discussed interaction between the Recreation Commission and Conservation Commission regarding Town Pond.
Jeff Kane, a Conservation member said the Board put too much responsibility on Jay’s lap. Jeff said he led the charge in the issues surrounding Buckley and Mann and Town Pond. He does not want the ire directed at Jay, when it was his time as Chairman.
John Lawrence, 17 Chickadee Drive said the election is over and all personal agendas should be over. Mr. Lawrence said he speaks to those qualities of Jay. It can be a pretty crappy job to say no. Think about the role that a ConComm member has. He suggested the Board put stuff behind you and think about the role.
Jim said he would prefer to do this another evening. Jim would like to sit down with Jay and discuss this. He told the Board he does not want to make a decision tonight.
Jonathan said that any decision made would have to be done effective July first.
The Selectmen discussed the candidates amongst themselves and described qualities each one had. The Board of Selectmen all voiced views on the following criterion:
(1) technical skills;
(2) passion and concern for the environment; and
(3) how collaboratively board and committee appointees worked with other town boards.
Ramesh Advani moved to appoint David Lutes as a member to the Conservation Commission. Jim Lehan seconded the motion, and it was so voted.
The Board will hold on further appointments to the ConComm until the next meeting.
TOWN ADMINISTRATOR REPORT
Jack gave the Bi-Weekly Calendar to the Board.
Old Business
The Board discussed a letter to go to Call & Wait listing violations.
The Board discussed the 8% increase in budgets approved for King Philip by the three towns.
Due to the late hour, the Board did not discuss any further business.
At 11:40 p.m., Ramesh Advani moved to adjourn the meeting. Jim Lehan seconded, and it was so voted.
This is a true and accurate report of the Selectmen’s Meeting of June 18, 2007.
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Ramesh H. Advani, Clerk
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