July 14, 2008
Present was Ramesh H. Advani, James C. Lehan and Jack Hathaway, Town Administrator. Robert J. Garrity was not in attendance.
Ramesh Advani called the meeting to order at 7:33 p.m. Jack Hathaway read the agenda contents.
RICHARD CLANCY
Richard Clancy said that he is interested in being the Emergency Management Director. He said that he noticed some places that need improvement and would like to give it a shot. Jack said that he was recommended by the Public Safety Chiefs.
Jim expressed concern about him being a paramedic and being part of the response team that would have to be his first priority in an emergency. Jim wondered how he could be Director and a paramedic during an emergency. Richard said that if there is a plan in place already, he wouldn't be needed during a real crisis, as manager. Jack said that Richard would be the contact to the State. The decision maker would be Jack with the Chiefs. Richard said that this position is basically a resource. He said he would willing to take more training from the FEMA Resource Center.
Richard suggested a web page for EMD suggesting phone numbers and locating shelters, and just giving basic information on what to do. Richard said that an LEPC (local emergency planning committee) needs to be in place. He said you can get money from MEMA and the federal government if you have a LEPC. Richard said we need to get the MRC involved. Jim liked the idea that an exercise be in place with the MRC for them to train.
OLD BUSINESS
Jack said the agreement with Call & Wait expires 7/31. They should be completely cleaned out by then, but of course that won't happen. Counsel has begun the process.
Everett Street. We had suggested a meeting with the residents on the same night as the work session. Walpole doesn't want to discuss truck exclusions. They don't want to direct trucks up Winter Street.
Jack mentioned Town Emergency Procedures. He said we would discuss that more after the conversation we had tonight. We have the MRC in place, and need to look at organizing an LEPC.
Jack said that Buckley & Mann was defeated at town meeting. We need to figure out our next step. We will work with the property owners.
Jack told the Board that he and Butch attended a meeting at the Executive Office of Transportation in Boston regarding the PWED bridge. They got a lukewarm reception. They were concerned about overall costs. They want us to get to 25%.
EARTH REMOVAL - 90 Pond Street
David Simmons, attorney, represents Joseph Lorusso. He presented the Board with green cards as proof of the certified mailing to abutters. Also present was Bob Bullock, Building Commissioner.
Atty. Simmons told the Board that this has been before the Planning Board. The public hearing has been closed. He said it is a real simple site. It's at the crest of the hill on Pond Street. It's a cart path and just beyond is a small ledge. Grade in, slope inward. Buildings sit level. Retaining wall 4' high. Only site perk. Septic 34-25. The Board of Health approved the site plan.
Atty. Simmons presented updated numbers to the Board for the actual work being done. Work was done by Bay Colony Group out of Foxboro. He said the amount of cut for the site is 8,930 cubic yards, and the amount of fill is 4,170 cubic yards. It will all stay right on the site.
Atty. Simmons questioned the Stabilization Bylaw. He wanted to know whether it will be done differently than the Earth Removal application.
Bob Bullock appeared. Bob spoke on behalf of the Earth Removal Committee. He said this is definitely a hardship in order to build a building. Bob read his memo from the committee as follows, including conditions as noted:
The Earth Removal Committee met on July 8, 2008 @ 6 PM in Rm. 214 to discuss and review an application from Pond St. LLC with the owner Joseph Lorusso II, Engineer Bill Buckley and Dave Simmons (Attorney). The applicant gave the presentation and answered questions from the committee. The Committee was made up of John Robbins (Assessors) Out Sick, Mike Findlen (Board of Health), Tom Burke (Planning Bd.), and Robert Bullock (Building Comm) (Conservation) Did not have any representation after being emailed numerous times and personally asking their Admin. Assistant which Committee member would attend.
The Committee heard the presentation from the applicant which included site plan, soil tests done for the hydrological evaluation. The Committee heard the presentation from the applicant's representatives and found that there was a discrepancy with the bylaw where the high water table was closer than ten feet stated in the bylaw. The committee discussed this issue and agreed that they did not feel this was a significant problem since there was still seven feet above the water table and the area of earth removal will be impervious with a parking lot and building. The Plans for the site were reviewed and found that there was a hardship, given the amount of material needed to be removed were within reason given the foundation, drainage, driveway and existing grades. There was a unanimous vote to recommend this Special Permit be issued but
have the following recommendations that the Board may want to incorporate into its decision:
Hours of operation to be from 7 AM to 7 PM Mon - Saturday.
Truck travel will be all on site moving the material to the rear of the adjacent lot with same owner.
If there is a problem in the course of construction it will be fixed within a 24 hour period. (Dust, Noise, erosion control etc.)
As-Built plan when work is complete showing final grades as shown on earth removal plan per the site plan.
The bylaw states that a bond shall be placed on the site and a letter from the owner allowing the Town to legally enter the site with personnel and equipment to make restoration to the site in the event of default (Article VII Section 2 & 5).
All areas that have been disturbed in the course of construction will be loamed and seeded or other suitable means of landscaping as per the site plan.
The Special Permit request for the Property Stabilization Bylaw was also looked at and the committee would make the following recommendation to waive strict compliance of this bylaw for one year allowing the applicant to construct without the hindrance of this new bylaw.
Jim asked if there were any Conservation issues. Atty. Simmons said none. No wetlands, no rivers, etc. There is a piece of town owned Conservation land, but it isn't wetlands. He has not heard anything from them. Atty. Simmons said from the beginning, they have filed documents with the Conservation Commission.
As far as their general plan, Joe Lorusso said that as soon as he has Planning Board approval, he hoped to begin late August. He hopes to be finished late October.
Atty. Simmons said he had a problem with the wording of the truck traffic removing earth. The Board discussed it, and it was fine as worded.
Atty. Simmons questioned the as built. Bob said the earth removal permit will cover that. As built once it's done.
Ramesh is perfectly comfortable with waiving the stabilization compliance for the first year. Jim said he is as well.
Jim Lehan moved to close the hearing. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to issue an earth removal permit to Pond Street LLC amending the application to reflect the new numbers. This permit is for one year subject to following conditions: Hours of operation to be from 7 AM to 7 PM Monday through Saturday.
Truck travel will be all on site moving the material to the rear of the adjacent lot with same owner.
If there is a problem in the course of construction, it will be fixed within a 24 hour period. (Dust, Noise, erosion control etc.)
As-Built plan when work is complete showing final grades as shown on earth removal plan per the site plan.
A bond in the amount of $5,000 shall be placed on the site and a letter from the owner allowing the Town to legally enter the site with personnel and equipment to make restoration to the site in the event of default (Article VII Section 2 & 5).
All areas that have been disturbed in the course of construction will be loamed and seeded or other suitable means of landscaping as per the site plan.
Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to waive strict compliance of the Stabilization Bylaw for one (1) year from July 14, 2008 to July 14, 2009. Ramesh Advani seconded, and it was so voted.
OLD BUSINESS
Jack will discuss the PWED with Butch.
EARTH REMOVAL - GOMES CORP., 10 Sharon Avenue
Ramesh opened the public hearing at 8:25 p.m. and read the hearing notice. As no one from Gomes Corp. had arrived as yet, Ramesh moved to continue the hearing to 8:40 p.m. Jim Lehan seconded, and it was so voted.
OLD BUSINESS
Jack mentioned the Special Town Meeting, and said we need a date. Jack said the Advisory Board strongly recommends November. The Board suggests the 18th and 19th of November.
Discussed the EDC. We will arrange for the Planning Board to possibly attend our next meeting on the 28th to jointly appoint the EDC. Can they be the EDC Corp. as well?
Jack said the School Building Committee is formed and meet July 23rd at 7 p.m. in the town library.
Jack said we need names for the Public Safety Committee. The Board will put it on the working session to discuss. Ramesh would like the individuals in to meet them. Jim would like this done in August.
Jack reported that there are two open positions in Town Hall. Chief Assessor is one. We need a selection committee. Ramesh is interested. With respect to the Town Accountant, Jack wants to talk to Mr. LeClerc as far as being business manager. He may be surprised.
EARTH REMOVAL HEARING - GOMES CORP., 10 Sharon Avenue - continued
At 8:40 p.m., Ramesh opened the continued hearing.
Mario Gomes, Gomes Corporation, Lot 10 Shire Park was present. Luke Joannides, president of Shire Development was also present.
Mario said he would be removing excess fill on the left hand side of the property facing the street - 5,000 cubic yards of fill from Lot 10 to Lot 11 in Shire Park. That is where the building is going to be put.
Luke said he would like Lot 11 as the designated area and will keep the excess to build up lots as needed. On open space they backstock it. They are not taking it off the lots, and they are not selling it. They keep it on an empty lot until they are ready to use it. They discussed him storing material on Lot 19 because there is no bylaw to accommodate this.
Bob said there isn't a problem with putting it on 3 lots. Luke will get a separate earth removal permit.
Ramesh questioned that Mario needs some material off of Lot 10 and some from Lot 11. Bob explained to Ramesh why it is both lots.
Luke gave an easement to Mario so that Mario can use his property. Bob said that slope easements are always given on properties. Bob said the easement is more of a Planning Board easement than an earth removal permit. Jim feels that the permit should be in the singular name. The easement component is a Planning Board issue. It was decided to amend Lot 10 and 11 and moved to Lots 7, 8, and 9.
Bob Bullock read the memo from the Earth Removal Committee:
The Earth Removal Committee met on July 8, 2008 @ 6 PM in Rm. 214 to discuss and review an application from Mario Gomes the applicant at the meeting to give the presentation and answer questions. The Committee was made up of John Robbins (Assessors) Out Sick, Mike Findlen (Board of Health), Tom Burke (Planning Bd.), and Robert Bullock (Building Comm.,(Conservation) Did not have any representation after being emailed numerous times and personally asking their Admin. Assistant which Committee member would attend.
The Committee heard the presentation from the applicant which included site plan, soil tests done for the hydrological evaluation. I have asked Mr. Gomes to bring in a letter stating the amount of material to be moved and removed from his site engineer since we didn't have that on the plan. We have also asked him to come in and clarify where the material is being moved if it's staying within the subdivision. The Plans for the site were reviewed and found that there was a hardship, given the amount of material needed to be removed were within reason given the foundation, drainage, driveway and existing grades.
There was a unanimous vote to recommend this Special Permit be issued but have the following recommendations that the Board may want to incorporate into its decision:
Hours of operation to be from 7 AM to 5 PM Mon -Friday.
Truck travel will follow Sharon Ave to Shire Drive to Rt.1A.
If there is a problem in the course of construction it will be fixed within a 24 hour period. (Dust, Noise, erosion control etc.)
As-Built plan when work is complete showing final grades as shown on earth removal plan per the site plan.
The bylaw states that a bond shall be placed on the site and a letter from the owner allowing the Town to legally enter the site with personnel and equipment to make restoration to the site in the event of default (Article VII Section 2 & 5).
All areas that have been disturbed in the course of construction will be loamed and seeded or other suitable means of landscaping as per the site plan.
The Special Permit request for the Property Stabilization Bylaw was also looked at and the committee would make the following recommendation to waive strict compliance of this bylaw for one year allowing the applicant to construct without the hindrance of this new bylaw.
Dave McClean, 8 Sharon Ave., an abutter spoke. He told the Board if they approve, he would like 3 concerns: (1) No trucks enter or exit Sharon Ave - use Shire Boulevard. (2) Hours of operation. (3) Blasting - if you take gravel out, inform the neighbors that blasting will be involved. He would like 24 hour notification.
Jim Lehan moved to close the hearing. Ramesh Advani seconded, and it was so voted.
Jim Lehan moved to award an earth removal permit to Gomes Corp. for one year subject to the following conditions: Hours of operation to be from 7 AM to 5 PM Monday through Friday. Truck travel will follow Sharon Ave to Shire Drive to Rt.1A. If there is a problem in the course of construction, it will be fixed within a 24 hour period. (Dust, Noise, erosion control etc.) As-Built plan when work is complete showing final grades as shown on earth removal plan per the site plan.
A bond in the amount of $5,000 shall be placed on the site and a letter from the owner allowing the Town to legally enter the site with personnel and equipment to make restoration to the site in the event of default (Article VII Section 2 & 5).
All areas that have been disturbed in the course of construction will be loamed and seeded or other suitable means of landscaping as per the site plan. And if blasting is necessary, a 24 hour notice will be given to all residents of Sharon Avenue. Ramesh Advani seconded, and it was so voted.
Ramesh is uncomfortable with the Stabilization Bylaw. He wants to hold on that.
On another issue, Jack mentioned that Luke talked to him about concerns with developers, water connection fees, Planning Board review fees. Luke hoped there could be a roundtable to listen to the effect it's having on him trying to get tenants into his industrial park. The Board was all for it and Jack will talk to the Planning Board and possibly have EDC attend as well. Luke is losing tenants to other industrial parks in the neighboring towns.
JOE SEBASTIANO - ZONING BOARD OF APPEALS
Joe said now that his Advisory Board position is through, he would like to commit to another Board with his experience. Jim thanked him for his service to the town.
Ramesh echoed what Jim said. Ramesh questioned if he has attended a meeting. Joe said not currently. Joe feels like he is bringing unbiased decisions to the Board. He thinks there is a way to balance and approach as far as development in town.
OLD BUSINESS
Jim said the new Superintendent is on board. He commended the Committee for the exemplary work and keeping Jack in touch with the Superintendent's search. They have worked hard to engage folks.
BI-WEEKLY CALENDAR
Jack read the Bi-Weekly Calendar.
NEW BUSINESS
Jack asked the Board to make the Town Counsel appointment as it hadn't been done yet, and we need to have George appointed. Jim Lehan moved to appoint George A. Hall, Jr., as Town Counsel, term of one year. Ramesh Advani seconded, and it was so voted.
Jack reported on the Stop & Shop matter. He has left messages for Tim Mahoney of Stop & Shop, and had trouble reaching him. Ramesh and Jack said that they have spoken with him and he doesn't want to meet at a meeting.
At 9:47 p.m., Ramesh Advani moved to go into executive session for contract negotiations and litigation. Jim Lehan seconded, and it was roll call vote: Ramesh Advani, aye; Jim Lehan, aye. The Board will not return to open session except to adjourn the meeting.
At 9:54 p.m., Jim Lehan moved to adjourn the meeting. Ramesh Advani seconded, and it was so voted.
This is a true and accurate report of the Selectmen's Meeting of July 14, 2008.
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James C. Lehan, Clerk
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