July 23, 2007
Present was Jonathan P. Smith, Ramesh H. Advani, James C. Lehan and Jack Hathaway, Town Administrator.
Jonathan Smith opened the meeting at 7:30 p.m. Jack Hathaway read the agenda contents.
EARTH REMOVAL HEARING – CANTERBURY ESTATES
Present was Matthew Borrelli, attorney for Norfolk Enterprises; and John Glossa, Glossa Engineering.
Jonathan Smith opened the public hearing and read the hearing notice.
Atty. Matt Borrelli was present representing Norfolk Enterprises, LLP, Paul Borrelli. Matt gave a brief background of where they are right now. He said this permit started on August 30, 2004 and was effective until August 30, 2006, whereby in September there was a meeting where they applied for renewal. He read the four conditions outlined in the extension. He said that since that time, he has submitted and written letters showing the grade of the subdivision. They have one house sold, and another under agreement.
Atty. Borrelli presented the Town Administrator with the green return certified mail cards as proof of mailing to abutters.
Atty. Borrelli said they are here tonight to extend the permit for an additional two years based on the original conditions in the original earth removal permit dated September 8, 2004. They have not exceeded the earth removal permit as it pertains to sand or loam. He is looking to go back to the original permit and have it continued for another two years. Atty. Borrelli mentioned the number of yards as noted in the letter to Jack Hathaway dated June 13, 2006. The total loads of sand are 8,514; 2,160 yards. That leaves us with about 500 yards left to remove of sand. Loam is 1,260 yards have been removed and the permit allowed for 11,190, so there is roughly 10,000 yards to be removed from the site. We have graded both lots to finish grade.
Jonathan Smith said in terms of the extension granted last September, Lots 28, 29 and 30 has been taken care of as provided in that extension? Atty. Borrelli said yes. Lot 28 has a foundation, as required. Lots 29 and 30 have permits pulled. Lot 29 is on the market, and Lot 30 has been sold. Atty. Borrelli referenced a letter dated May 22, 2007 from Bob Bullock, Building Commissioner, and this was entered into the record.
John Glossa said he has prepared the as-built plan. He said Lot 28 does not show on the as-built plan. It does have a foundation on it. Lot 16, 29 and 30 were proposed to be. At the top of concrete elevations, 16 was 199, 29 was 210 and 30 was 219.5. On the as-built, the foundations are in the locations within reason where they were shown on the proposed plan. Lot 16 top of concrete is actually 200.7, Lot 29 is 208.8 and Lot 30 is 217.8. They are all reasonably within what the plan had called for. The grading around the foundations are all reasonably the same as what the proposed plan had shown. Proposed plan was given to the Board in a different form. They were actually a septic system plan. It was easier to compare if you saw them all on one plan. Admittedly, he failed to
put Lot 28 on there, but he did not think 28 were that much of an issue at the time, other than it was a little unsightly. They graded around the foundation, and it’s not loamed or anything, but it is ready for construction.
Jonathan asked why two years? Atty. Borrelli said because there is a lot of construction still left to do. There are 28 lots in total. There are four buildings up, and they are going to continue this along with Norfolk Town Center. Their time frame would be a couple years to give them time to go from Norfolk Commons to Canterbury to make sure everything is done correctly. John Glossa said the biggest part of the earth removal project is to remove the large loam pile on Lots 10, 11 and 12. It will be spread within the altered areas within the subdivision, but some of it will also be brought up here and other parts will be used where the Sweet house was, in that area there. It’s not going far, but needs to be removed off site. There are four lots are done, and 24 to go.
Jim said he did go up to the site when this extension originally took place with Bob Bullock and Jack Hathaway. Jim said his understanding is that they have actually exceeded the expectations that we had for that extension. Jim said he felt it was restricted to getting the foundations in during the grading and you actually went on and completed the homes. Jim went back today and feels they are in full compliance of everything we asked them to do. Jim said he wants to be clear that they are just looking to take the agreement that was signed in 2004, and extend it from this September for a period of two years, with same conditions and provisions and all the same considerations – it will be an extension of original agreement with no changes or alterations. Atty. Borrelli said that is correct. Jim asked
if they plan to take any other significant amounts of gravel or loam from that site, other than the pile you just mentioned. Atty. Borrelli said no, not at this time. He said other than the 500+ yards that is left under the permit, they want to use that. They are happy with that, and they are not trying to increase the number, either.
Ramesh said he hasn’t been out there. In original permit said all areas will be covered with a minimum 6” loam and seeded. If it is not under construction, then within 6 months the lot will be covered with loam and seeded. Have you been doing that? Atty. Borrelli said they have done this to the best of their ability, but it is a very active site right now. As they progress, they will make sure things are continued to be done according to the permit. Ramesh said when the project first started, he remembered going out there and there were concerns in the back where the property slopes down and there is a pond and wetlands. Is everything okay there? John Glossa said that lot has been combined with the lot next to it so it is a very level area where the house and septic is going to go.
It is Lot 15 now, but was combined with Lot 25. There is a 64,000 sq. ft. lot where a good chunk of it will not be built. Atty. Borrelli said they had an inspection from the Conservation Commission on that lot about two months ago and everything was fine.
Ramesh questioned moving the material and moving it to Norfolk Commons II – is that still the plan? How will this affect Norfolk Commons I? Atty. Borrelli said Norfolk Commons I is owned by Eastern Development, not them. They have an easement on Meetinghouse Road so they travel that road to go to Norfolk Commons II. They have a working relationship with Eastern Development and have permission to use that access. John Glossa said all that much won’t be going there anyway. The large part was the wastewater treatment. The rest is just going around the buildings. They aren’t anticipating a huge quantity to be brought up there.
Jim said they don’t have a lot left. John Glossa said they will be bringing the loam up there to place around the buildings once they are framed. Ramesh asked how much of earth material is left. John said about 576 yards of sand, and about 10,000 cubic yards of loam. John said a good chunk of loam is being kept at Canterbury. It just needs to be moved from the pile it’s in to the final location within Canterbury itself. Some will come here and some will go to where the Sweets house was because the slope there is rather barren of soil. Some may be moved off site, but the majority will be kept on site. They are really requesting 576 cubic yards of sand to remove and roughly 10,000 cubic yards of loam. Jim asked if it would be easier to have new numbers appear on the permit, or attach
this Norfolk Enterprise letter as a condition of the agreement.
Ramesh feels there has been difficulty in meeting the condition that an as-built would be provided. If it is not making any sense, why would you want that condition there? Wouldn’t it be better to have it removed from the current permit as long as you are meeting all the requirements? Atty. Borrelli said that makes a lot of sense. The as-built is an added expense to his client and almost an unnecessary one at this time because it is such an active site, and removing material from one lot to another. To have an as-built for each lot, and there is 28 lots is burdensome. He would ask that that be removed if the Board would so agree. Jim and Jonathan said that they weren’t sure about that. Ramesh said that we are now talking about such a small amount, and if it hasn’t been met
the last two times, including right now, then why wouldn’t we remove it.
Jim said that there was a great deal of excavation taking place in the back area. The purpose of the as-built was to help us understand where it should be. But you went further and finished the homes and went further than our expectation. Now the as-built isn’t necessary. Jim suggested modifying condition “L” to add “when requested” to the end after a comma.
Jonathan asked about conditions 3 and 4 in the Extension. Jonathan said you’ve done 4 in 3 years; can you really do 24 in 2 years? Atty. Borrelli said they are comfortable that two years is sufficient for this permit. John Glossa said that not every lot up there is covered by this permit. Some lots can be built on without work.
Jonathan asked if anyone from the public wished to speak. Jonathan closed the hearing. Jim Lehan moved to close the hearing. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to extend the existing earth removal permit dated September 19, 2004 for a period of two years to extend to August 30, 2009 subject to the following two considerations: that the Agreement reflect the current amount of loam and gravel that has been removed from the site, and not to exceed the original amount stipulated; and that under Item L the words “when requested” be added to that part of the Agreement. Ramesh Advani seconded, and it was so voted.
In another matter, Ramesh informed Matt Borrelli that regarding a letter he had written they would like to talk to Eastern Development and may request that you attend. Ramesh was at the last Planning Board meeting and it was mentioned that there will be an unspecified delay of anywhere from 3 months up to possibly 2 years on the development of the Stop & Shop related to an issue with the Land Court, which Ramesh said he was not aware. It has to do with Atty. Borrelli’s client. Matt said he was not aware of that, either and will look into it. Ramesh said there will be development going on for a variety store and a small restaurant on that lot despite the other thing going on.
CONSERVATION INTERVIEWS
Ellen Friedman, 23 Beaverbrook Road
Ellen Friedman is a recent member of the Board of Public Works and the Ad-Hoc Committee. She has been active for 4 or 5 years with this. She did a good job overseeing the day to day operations of that department. Ellen is very interested in the Conservation Commission. Ellen said she fully expects a learning curve of 6 months to a year. She has attended a meeting and has been reviewing their rules and regulations.
The Board questioned Ellen on her interests and discussed the laws and Wetland Protection Act and other conservation related issues.
Erin Bardanis, 57 Rockwood Road
Erin Bardanis told the Board that she is relatively new to Norfolk. They have lived here for three years. She is from Norwood and was involved as a town meeting member. She said Norwood was very different. Everything was pretty much built out. She sees Norfolk as a challenge. You have to strike a balance between industry and Conservation. She sees this as a unique opportunity. Erin told the Board that she is an attorney with a firm in Newton.
Jonathan asked about her legal background. Erin said she works with Chapter 40B and reviews titles. She sees and reviews Conservation Orders of Conditions and Notices of Intents. She works for a land use firm. Jonathan asked her if she thought it would be a conflict of interest. Erin said that she works in Newton so has a Newton/Boston base clientele. She didn’t see a conflict.
Erin said she chose Conservation Commission in terms of water quality and what is presented in this town. She finds this as an opportunity to develop Norfolk. Norfolk fits her character. There is some industry and some open space. Town has good schools, a good reputation and a balanced town on the whole.
The Board questioned Erin on her interests and discussed the laws and Wetland Protection Act and other conservation related issues.
Jonathan asked the Board for discussion. Jim said he thinks Ellen would be a very good addition to the Commission. He felt she is fair and objective in enforcing the rules and regulations and enforcement. Jonathan said sometimes it is knowing what questions to ask. Jim said both candidates expressed a strong willingness to look at the facts and work fairly and collaboratively. Ramesh agreed.
Jim Lehan moved to appoint Ellen Friedman to the Conservation Commission for three years. Ramesh Advani seconded, and it was so voted.
Ramesh said that was quite an interesting discussion with Erin. He is not sure from a legal standpoint, and doesn’t see the legal strength we had before, but with just the interest level and the fact that she’s an attorney, interested, and has the town meeting background. She’s new and presented well. Ramesh liked her last answer about looking at other communities and states.
Ramesh Advani moved to appoint Erin Connolly Bardanis to the Conservation Commission for a three year term. Jim Lehan seconded, and it was so voted.
ACTION ITEMS
The Board discussed the one-day liquor license for a wine tasting fundraiser sponsored by the Friends of the Norfolk Public Library. Jack said in lieu of what we have received from the insurance agent and town counsel regarding serving alcohol, there is a liability risk.
Ramesh is against it because of liability. He was against serving liquor in any public building. Jim suggested they look into having it done by a company or firm who would put the liquor license in their name.
The Board wants more review, and will revisit this at the first meeting in September.
The Board reviewed a memo from the Town Administrator concerning Pay Schedule for Non-Union Municipal Employees.
Jack explained that Robin Glasser, Library Director, has been at the top step for 3 or 4 years. Jack reviewed Robin being at Step 12 and not getting an increase other than the cost of living. He said that she is the only employee who has been at top step. There was a 13th step for some union members.
Harvey Boulay, Library Trustee was present to discuss this. He said they saw this coming as they watched her advancing. They feel her Grade is appropriate, but the steps have stopped. She’s at Grade 11. He feels that this is something we need to address going forward. Harvey would feel more comfortable having guidelines, principles and policies for all managerial positions in the town.
The Board discussed creating a bylaw to be able to have other managerial positions be placed in a contract. They discussed different options of how to resolve this.
The Board is very supportive.
Ramesh Advani moved to modify the pay schedule by adding 5 more steps and have it reviewed by the Personnel Board. Jim Lehan seconded. After some discussion, Ramesh withdrew his motion and Jim withdrew his second. There was no vote. Jack will attend the Personnel Board meeting and discuss this with them, and the Board will revisit this in September.
Jack asked the Board to vote to allow the street light at the intersection of Cypress Lane and Massachusetts Avenue to be turned on.
Jim Lehan moved to allow the street light at the intersection of Cypress Lane and Massachusetts Avenue be turned on. Ramesh Advani seconded, and it was so voted.
Jack mentioned Call & Wait and said that he and Bob Bullock and Chief Bushnell went to the site. 50% is not done as per the court order.
Jim Lehan moved that Call & Wait is in violation of the court ordered agreement and authorize Town Counsel to proceed with legal action to bring Call & Wait into compliance and to seek full reimbursement for all legal expenses incurred. Ramesh Advani seconded. Jonathan said he would say it differently. We can’t say it’s in contempt. Jonathan would have said to instruct our legal counsel for all remedies in violation or breach of our agreement. Ramesh Advani seconded, and it was so voted.
OLD BUSINESS
Jack told the Board that GATRA selected the vendor to run the Dial-A-Ride. Frank Gay will be calling Norma tomorrow to talk to her and Jack. The date moved up to August 22.
The Patriot Place meeting with Everett St. residents is tomorrow night.
Jack discussed the Adam Kennedy Memorial. He said work is being done to be ready for November.
Jack briefed the Board on Buckley and Mann. Bob Bullock has gone out with the surveying team required by law. He had assessments done to remove the buildings. The mitigation team for a preliminary to do the work is about $8,700. We need to talk about how to pay for this. Bob is anxious to get this going immediately. The property owner is taking some action on their own. Hopefully, they will raze the buildings without our involvement.
Caritas Southwood. We sent them a tax bill because they aren’t running the facility as a hospital anymore, so they have no exemption. Bill Fleming agreed we can do this, but the value may be disputed. Jack will meet with Bill to discuss this.
Jack reported that the Cable Committee has been meeting with Bill Solomon. Verizon has submitted an application. We could be looking at sometime this fall for a finalized agreement.
Jack discussed Stop & Shop. Ramesh and Jack attended the Planning Board meeting and sat through an update of two lots next to town hall. One is a Walgreens and one is an unnamed coffee shop/restaurant. Stop & Shop has run into a snag with Land court which could be a 2 month to 3 year delay. Everyone is disappointed with the news, but the good news is that they will continue with Walgreens.
They discussed a letter to Eastern Development about conditions for Norfolk Commons I and II. When they took over Phase I, they are subject to all conditions as well. The Board discussed talking with the Planning Board offline and see what can be done with Stop and Shop. Ramesh and Tom Poppey should talk and see what can be done. We need to get this loamed and seeded. They discussed the road being deplorable, and the need to get the road repaired. What is the land court case? Let Matt Borrelli do the research.
Jim discussed the water hookup rates. As DPW liaison, he feels they are pretty high compared to surrounding communities and he doesn’t want to drive away commercial industry because of that. He will be looking into this.
Jim wants to bring the Old Town Hall to conclusion. He would like a Warrant article to go forward and authorize Board of Selectmen to take issue with this property. He discussed time frames because they won’t be ready for fall town meeting - possibly spring town meeting or perhaps a January special town meeting. Jim will commit to working with the CPC and Affordable Housing Committee.
Ramesh related the roundtable on the Shire Development for Gomes Company.
BI-WEEKLY CALENDAR
Jack read the biweekly calendar.
NEW BUSINESS
Jack reviewed the transfer list from the Finance Director. Approval needs to be by both the Selectmen and Advisory Board.
Ramesh Advani moved to approve the transfer list from the Finance Director. Jim Lehan seconded, and it was so voted.
The Board discussed the Town Clerk position. They need to get this in as an article on August 13th.
Jack said three things can be done: Special election for new town clerk; appoint an interim town clerk; do nothing and have the assistant town clerk do the job. They are all supportive of Gail Bernardo doing the job and being able to run the office.
The Board discussed options and assumed the cleanest way is to have the assistant town clerk assume the duties of the town clerk and then hire someone beneath her to help her out. The Board will talk to the Personnel Board.
Jim Lehan moved to direct Jack Hathaway to work with the Personnel Board to make the appropriate salary adjustment for the Assistant Town Clerk to assume the responsibilities of the Town Clerk per the job description. Ramesh Advani seconded. It was agreed that there will be no change to the Town Clerk’s budget. It was so voted.
Jack asked the Board if they had a recommendation for how many steps he should suggest. The Board discussed this for awhile and asked Jack to work it out with the Personnel Board.
Jack discussed the Building Department vehicle dying and needing to get another vehicle. He hoped the Fire Department would hand down the red Bronco, but they need it for mutual aid for ALS chases. They would like to purchase the Ford Ranger that town meeting approved 2 years ago. This would be the last vehicle other than the school vehicle. Jack will get more information for the Board and put it on for August 13th.
Jack reported that he and Jonathan attended a prison meeting with the new deputy commissioner Ken Nelson. They are adding sick beds – 20 now and potentially 65 more. It will be more like assisted living. It is a revenue generator for future prison mitigation money, but the ambulance will be going there more.
Jack discussed our town employees working on the parking lot at DOC. They help us by having inmates help cleaning streets, doing work on vehicles, they paint town buildings, and it was in the best interest of the town for the sake our ambulance.
Jonathan would like a warrant article to abolish the Permanent Building Committee and remove it from the bylaw. There are two projects coming up that he would like done by possibly a special committee specifically for these projects.
Another suggestion for an article for the fall is to create an agricultural commission for the Town of Norfolk.
Jonathan discussed the Financial Team Seminar he attended with Jack last Tuesday.
ACCEPTANCE OF MINUTES
Jim Lehan moved to approve the minutes of June 4, 2007 – Regular and Executive Session; June 18, 2007; and June 25, 2007. Ramesh Advani seconded, and it was so voted.
At 11:21 p.m., Ramesh Advani moved to go into executive session for contract negotiations. Jim Lehan seconded, and it was a roll call vote – Jim Lehan, aye; Jonathan Smith, aye; and Ramesh Advani, aye. The Board will not return to open session except to adjourn.
At 11:43 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 July 23, 2007.
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Ramesh H. Advani, Clerk
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