March 10, 2008
Present was Jonathan P. Smith, James C. Lehan and Jack Hathaway, Town Administrator. Ramesh H. Advani was absent.
Jonathan Smith called the meeting to order at 7:00 p.m. Jack Hathaway read the agenda contents.
LIQUOR LICENSE - CAFÉ PESTO, 220 MAIN STREET
Jonathan Smith re-opened the hearing, which was continued from February 25, 2008. Present was Peter S. Chipman, owner and applicant of 5 Overlea Road representing Café Pesto, 220 Main Street.
Peter said he was here tonight to seek a license for an all alcoholic license to be on the site. He said within the next 30 days, he will be filing plans with the Registry of Deeds and then seeking a building permit. The seating capacity is 46 seats as required by the septic plan. Hours would be a Sunday through Thursday schedule from noon to 10 p.m. and weekends noon through 11 p.m. Peter will be the proposed manager and will be on site once it opens. Jonathan asked if someone else will be in the managerial position as well. Peter said that yes, eventually there will be someone else. He will come back later for a manager change. Peter has been in the insurance business in the last 24 years, but did manage a bar previously. A lot of his insurers are liquor vendors, etc. He has never had a liquor violation when managing the bar.
Jim asked if he would be okay with training his employees handing liquor. Peter said anyone affiliated would go with the training. He will accept it as a condition of the license or equivalent training under Mass law. Jonathan mentioned an Identiscan device or something similar. Peter said he would work with the Police Department and use whatever they require. Jim asked if he plans to develop and sell it. Peter said no. He advised Peter he needs to come back if management changes. We did notify the School Department and showed proof.
Jonathan said that this is a new license, and not a transfer.
Jerry Walsh, 225 Main Street. Will it become a barroom? Peter said it is going to be a working restaurant. Focus is alcohol is ancillary to the food business. Jim said the license is a license to serve, and would not have to come before us. Jonathan said there is also a tavern license, and he would have to come before us to change venues. Peter tried to assure him it will strictly be a restaurant. Jerry questioned fights and problems, would Peter police it? Peter said this is a substantial investment and not an inexpensive license so he would call the police. But yes, if there were issues Jerry could contact Peter.
Dan Boone, 229 Main St. Dan was concerned about a barroom as well. He reviewed the plans and did not like the layout. Mr. Boone requested that Mr. Chipman give assurances that the restaurant stay a restaurant and not turn into a tavern.
Jim Lehan moved to close the hearing. Jonathan Smith seconded, and it was so voted.
Jim Lehan moved to approve the license for Café Pesto subject to the following conditions: an Occupancy Permit is secured; all individuals serving alcohol or operational or managerial receive TIPS or equivalent training; and Identiscan or other equipment approved by police is used at facility. The Occupancy Permit will be based on plans submitted by the occupant. Jonathan Smith seconded, and it was so voted.
EARTH REMOVAL APPLICATION - APACHE CONSTRUCTION, REDWOOD CIRCLE
Jonathan Smith called the hearing to order at 7:30 p.m. and read the hearing notice. Present was David Dalzell, owner and applicant of 15 Stop River Road and Bruce E. Johnston, 8 Johnston Way.
The Board discussed what Mr. Dalzell wants to remove on the plan. They will take the material to Tresca Bros by going out Day St. and left to Noon Hill Avenue. Jonathan asked if they would condition the permit to that, that you will use that access. Bruce said yes.
Jonathan asked how close you are to the wetland area. Jim said not close at all. Bruce said 150 from the riparian.
Mr. Dalzell said he would put his personal home in there. It would take approximately 4 months to put the road in there and start work. Jonathan said there is a Planning Board covenant on file.
Jack has a memo from the Earth Removal Committee. Jonathan read the memo into the record.
David Dalzell and Bruce Johnston had no problem with any of the conditions.
Jonathan opened this up to the public.
Allan Shaw, representing the Conservation Commission. He complained that he knew nothing about this hearing. He requested a two week continuance. Jonathan said that the Conservation Commission was given sufficient notice and knew about it. Bruce said they were notified it was a perennial stream and not intermittent. No one said anything else to him, although it's been two years.
Ray Ewer, 52 Noon Hill Ave. He had concerns about surface water and underground water and the impact. He did say that the Conservation Commission is part of this earth removal committee. Ray is concerned about septic systems and wells being flooded.
Mr. Ewer said that certain tests done, certain data supplied, assurance that excavation won't go down past 10 feet, standing ground water near Mr. Lawrence's house that he can address. He said the Board can impose reasonable conditions that will prevent these problems. Ray mentioned the no cut zone. Plans aren't on record at the Registry of Deeds. He said he is not looking to deny this, but would like a deferral.
Jonathan said that the Planning Board made reference to storm water runoff.
David Dalzell said that the storm water runoff is 300%. Mr. Ewer said by Day Street, but he is talking about the rest of the area. Mr. Dalzell said the tests show that it is 18-19' in the test hole around the lot. There was no water. Mr. Ewer said the Planning Board never considered the water impact of all the neighboring lots.
Jim Lehan asked if any of these concerns were brought to the Planning Board in terms of the site. This should have been raised to the Planning Board when they made these recommendations and not raised during an earth removal permit. Storm water drainage is not under the privilege of the Board of Selectmen. It is exclusively the Board of Health and Planning Board. Mr. Ewer said that he disagrees because the bylaw says the Board of Selectmen takes control, etc. Jim said you are citing conditions of the Earth Removal permit. The storm water process is under two boards. These issues should not be addressed here. They should not be addressed now. Why didn't you bring it to their attention when they were going through this? The yards in the neighborhood flooded. He is talking about
surface and groundwater as well.
Ken Lawrence, 50 Noon Hill Avenue. Ken said his biggest issue is that, without Ray's help, he would never have known about this hearing. He was concerned about notification and who he should speak with. Ken is also concerned about runoff.
John Quillin, 18 Day Street. He is concerned about runoff and his well. Questioned recourse for his septic system.
Marie Armstrong, 177 Seekonk. Currently has runoff on the side of their yard. It is filling up front of Figueroa's yard. Are there studies that she can look at? This would include putting the street in and when lots are developed.
Jonathan asked Dave Dalzell. Bruce said that regarding abutters and water on lots, all the approved lot does is allow the owner to put in the street. It doesn't allow him to do anything else. No cut zones are maintained. Lots 1, 2, 3 and 4 have no approvals to build or do anything. He said you have to take everything by steps. The Planning Board, Building and Board of Health have done their permitting and approvals for the construction of the road only. Nothing else has been approved. They want to put in the road, drainage and get that in place. Base coat the street and final approvals. Not until that point can you apply for anything.
Elizabeth Figueroa, 54 Noon Hill. If there is removal of the 3500 cubic yards of material, what impact will that have?? She said they were directly affected by the three houses on Seekonk Street. Bruce said they wanted an 8% grade and the Planning Board wanted 9 or 10%.
Bruce said that any of the concerns are going to be discussed with the permitting boards - Conservation, Planning Board, Board of Health, etc.
Andrea Langhauser an abutter at the intersection of Day and Noon Hill. Andrea said that the Planning Board had a difficult time designing the storm water for this project. They did not know about lowlands on the back of the property. The Planning Board's focus was coming down Day St. and the perennial stream along the side. They mitigate for the disturbance of the soil during the lot construction so any surface water stays on the property and doesn't leave the property. They didn't look at the lots individually. Andrea thought the road was well addressed. Andrea said that things were brought up by neighbors that the Planning Board didn't know. This is the last time that the public will have a chance to address these issues.
Jim said that the only thing we have the privilege of overseeing is the earth removal specific to the road. That is what is before us here today. Andrea said the Planning Board establishes lot lines. The Planning Board doesn't generally go into the individual lots. There is a no cut zone. Proposed cuts on the property. The Board is watching after best interests of town. No cumulative impact. Give that direction to Building Commissioner. Neighbors aren't going to hear about individual lots. This is their last chance.
Bruce said that Andrea is asking that they give permission to the Board to give 4700 as a maximum. Bruce explained what they needed to do with hay bales, etc. Andrea said that there may be a barrier necessary. Lots 1 and 3 may need Order of Conditions. Lot 2 is closer to the property line.
Andrew Langhauser, 49 Noon Hill. Andrew said he works out of the house, and wants to know about truck traffic, hours of operation, noise, etc. He said conditions of the road. He spends a lot of time on the phone. Andrew would like a better understanding of what he will be facing.
Dave Ioria explained site work and construction. Work would be done 9-3, Monday through Friday. It will be a week for truck traffic. After that it will be delivery of stock, etc. It will take about 100 truck loads to remove 3500 yards. They are conditioned to do Rt. 109 in Medfield.
Andy Bakinowski, Naugatuck Avenue. The potential absorbed water being displaced is 71,000 gallons. If the water table is 18' below, you can see little rivers coming out by the hill by Mr. Lawrence's property. 3500 cubic yards being removed is 160 trucks. This project is in violation with the DEP stormwater.
Jim said there are too many unanswered questions here. He said he needs to defer and get clarity to some of the concerns. He is not prepared to approve this. Jim said he doesn't want to create unrealistic delays, but he doesn't feel the Board has the answers they need.
Jim said it appears some abutters were not properly notified. Conservation was not notified. Jim wants to see the data and studies. Jim wants Planning and Conservation to get together within the next two weeks on the road only; not house lots.
Jim Lehan moved to recess the hearing. Jonathan Smith seconded. The Board would like the Earth Removal Committee to meet with the abutters on March 24th at 6:30 p.m. It was so voted.
SENATOR BROWN AND REPRESENTATIVE ROSS
Scott Brown and Richard Ross were here to discuss budgets. Scott said people aren't using the lottery. The health care connector is the good news. 425,000 people have taken advantage of it and now we are a billion dollar short. On the lottery, they are holding the towns harmless. The money we were projecting was -13 million. The third week of April they are coming up with their budget. We did it last year and we will do it again this year.
Senator Brown discussed Chapter 70 funding.
Scott said we're getting hammered with GATRA. He has a meeting with them tomorrow.
The Transportation Bond Bill will be coming out. Any transportation issues should be worked out with your congressman.
Rep. Ross said the Governor is recognizing that there is no new revenue in the state. He said they are frustrated that Plainridge is right off 95 and then Gillette is being built and yet the Governor is looking at bringing in and building up other towns.
Rep. Ross said the bio-tech part is something to look at. We need to look at the long range aspects.
With the Ways and Means Committee, they recognized that there aren't the revenues to pay for what we have now.
Richard said that they are trying not to ask for new things while times are tough, and so they are trying to work on what is already there. Prison mitigation is there.
Jonathan questioned the bill that Danielle put in about how special education is funded. Richard doesn't think it will go anywhere, but it is making them aware in there.
Jim said that he is concerned about the next two years. Once the gap widens, it will be hard to fill. Scott said it's an election year, and things will get better, as always, once the election is over.
Jack said he was happy to see the Chapter 70 increase. We saw $100,000 increase. The last two years was $50,000. GATRA is their #1 funding priority. It was always known that we weren't supposed to be billed. Jim said that is almost $200,000 and we could use it.
Scott said to give us two weeks, and we will know more about the budget.
Jim mentioned needing their support for the Economic Development Corporation.
ACTION ITEMS
Jim Lehan moved to grant the Norfolk Garden Club permission to hold a Perennial Plant Sale on Town Hill from 9 a.m. to 1 p.m. on Saturday, May 31, 2008. Jonathan Smith seconded, and it was so voted.
Jim Lehan moved to grant Norfolk Baseball Little League permission to hold their annual parade on Saturday, April 26th beginning at 12 noon at the H. Olive Day School, down Boardman Street to the baseball fields. No rain date. Jonathan Smith seconded, and it was so voted.
Jim Lehan moved to approve the Solid Waste bag sticker rates at $2.10 per bag, the Vehicle Decal rates at $55 per vehicle, and $40 for Senior Citizen vehicles, with a $5 fee for the second decal, and the fee per 50 lb. of Bulk Waste at $3.50 for FY'09. Jonathan Smith seconded, and it was so voted.
Jim Lehan moved to approve a reserve fund transfer from Butch Vito, DPW, of $5,544 with the ability to request further funds as needed for the pumping of the lagoons at the landfill. Jonathan Smith seconded, and it was so voted.
BIWEEKLY CALENDAR
Jack Hathaway read the Biweekly Calendar.
NEW BUSINESS
Jack reported that Chief Bushnell will be in next meeting to discuss budget issues.
At 10:14 p.m., being no further business, Jim Lehan moved to adjourn the meeting. Jonathan Smith seconded, and it was so voted.
This is a true and accurate report of the Selectmen's Meeting of March 10, 2008.
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Ramesh H. Advani, Clerk
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