SELECTMEN'S MEETING MINUTES
MAY 3, 1999
OLIVER AMES HIGH SCHOOL
The Board of Selectmen met this evening with Chairman William Hardin presiding. In attendance were Jeffrey Tufts, Frederick Clark, Patricia Webster, Carla Goodwin, and Town Adm. Kevin Paicos.
CLASS II HEARING - BOURNE ENTERPRISES INC.
At this point in the meeting Selectman Tufts left during discussion and voting.
J. Bourne, R.Kass, Attorney R. Dailey, M. Rousseau, W. Fulcher in attendance.
Hardin read the hearing notice, and the various department comments.
Dailey noted that both Kass and Bourne graduated from OAHS in 1992. Kass went to Massasoit and Bourne went to Bentley College. They both currently operate a business in Brockton and they want a second store in Easton. Dailey noted they would have 20 autos for sale, 4 inside and 16 outside. Dailey noted that the comment by the Planning Board should have been discussed at the site plan review. Dailey noted that Dunkin Donuts is ready to open on that site. Dailey noted that traffic issues were addressed at the site plan review. Dailey gave a brief explanation of the parking requirements per the zoning by-law, and noted that Dunkin Donuts has 8 spaces over what would be required. Again Dailey noted that the traffic circulation has already been discussed. Dailey noted RE: concern with a Class II business vs a retail store at that location, that the by-law doesn't differentiate and does not require an applicant to come back for further site plan review just because it is a Class II business. Dailey noted the applicants would gladly work with the Planning Board, within reason, and asked the Selectmen to look favorably on this license. Goodwin questioned how many handicap spaces there are. Dailey noted two. Paicos noted the Building Inspector's concerns, and Dailey stated they were discussed during site plan review. Paicos noted that technically Dailey is correct with his statement on Class II vs retail business, but stated that the reality is that significant issues have been raised by various departments that need to be addressed before any decision is made. Paicos noted the Board could consider approval contingent upon the Planning Board re-looking at the site. Clark noted that once a site plan is approved, it is approved for any allowable business in that district. Clark noted he has no problem with the Class II in that area. Webster asked if there are any further concerns of the Planning Board. Rousseau noted there are minor issues with the site plan. Rousseau noted concern with a concrete pad shown on the access point in the driveway and that it could be a problem with accidents on site. Rousseau noted the Planning Board can resolve these issues at their upcoming meeting. Hardin noted that a coffee shop and used car dealership don't seem to make much sense with such incongruity in the two operations. Hardin noted that he would rather the applicants make peace with the various department concerns before approving the license. Hardin noted that the Board can deny the license without any reason but it is hard to revoke after the fact. Paicos noted the parking requirements should be checked by the Planning Board and not just taken from the applicants. Paicos noted it is likely that all the issues will be worked out. Paicos noted the issues are serious but are solvable with the Planning Board. Paicos suggested the Board either approve the application contingent to resolving the issues or table the decision to approve until issues are resolved.
Goodwin's motion, seconded by Clark, to approve the Class II for Bourne Enterprises contingent on the applicants 1) meeting with the Planning Board to deal with the parking and egress, 2) resolving building department concerns and 3) receipt of the mitigated relief of those issues, was not voted at this time.
Dailey noted there was no problem resolving the issues with the Planning Board if they are reasonable accommodations.
Vote on the motion was unanimous, by roll-call.
Goodwin in favor, Webster in favor, Clark in favor, Hardin in favor.
Rousseau noted that this would be addressed at the 5/12/99 Planning Board meeting. Goodwin asked for a copy of the memo with the resolution from the Planning Board to be in the I&N.
Goodwin commended Wally Fulcher for his work with the two parties involved to resolve the previous dispute.
At this point in the meeting Selectmen Tufts returned.
MINUTES
On Clark's motion, seconded by Hardin, the Board voted 4-0-1 to approve General Minutes dated 4/5/99. Webster abstained.
On Webster's motion, seconded by Clark, the Board voted unanimously to table General Minutes dated 4/12/99.
On Clark's motion, seconded by Goodwin, the Board voted 4-0-1 to approve Executive Session Minutes dated 4/5/99. Webster abstained.
REORGANIZATION OF THE BOARD OF SELECTMEN
CHAIRMAN
Clark's motion, seconded by Webster, to nominate Webster for Chairman was not voted at this time.
Goodwin's motion, seconded by Hardin, to nominate Tufts for Chairman was not voted at this time.
By 3-2 roll-call vote Jeffrey Tufts was voted Chairman.
Goodwin - Tufts, Webster - Webster, Clark - Webster, Hardin - Tufts, Tufts - Tufts.
CLERK
On Hardin's motion, seconded by Tufts, the Board voted 3-1-1 by roll-call, to appoint Goodwin as Clerk.
Webster abstained, Clark opposed, Hardin - Goodwin, Tufts - Goodwin, Goodwin - Goodwin.
CONSIDER EXTENSION OF CHURCH OF GOOD SHEPHERD PURCHASE AND SALE AGREEMENT
Paicos gave a brief explanation of the status to date of the project.
On Clark's motion, seconded by Tufts, the Board voted unanimously to extend the P & S to July 12, 1999.
UPDATE ON EMPLOYEE HEALTH INSURANCE
Paicos noted that the Blue Cross quote was higher than Harvard/Pilgrim. Paicos noted the Town is staying with the SEMHG and Harvard/Pilgrim.
AMBULANCE RATE INCREASE REQUEST
Chief Blye in attendance.
Blye noted that every two years he has come to the Board for increases, and it is the second year now. Blye asked the Board to approve the rates he has recommended.
On Tufts' motion, seconded by Goodwin, the Board voted unanimously to approve the rates as recommended by the Chief. (see attached).
At this point in the meeting on Clark's motion, seconded by Webster, the Board voted unanimously to take under emergency conditions a yard sale request.
Hardin read the request.
On Webster's motion, seconded by Clark, the Board voted unanimously to approve a Yard Sale for St. Mark's Church to be held on 5/15/99 from 9AM-3PM and to waive the fee for a temporary sign permit.
At this point in the meeting, on Tufts' motion, seconded by Goodwin, the Board voted unanimously to take under emergency conditions, Article 47.
Paicos gave a brief explanation of Article 47 and noted he had a meeting with Ms. Marchand, Attorney Burke, Doug King, Wally Fulcher and Marc Rousseau on this issue. Paicos noted that the Planning Board wants a loop for water and Ms. Marchand is claiming ownership to the land needed for this water easement. Paicos noted a letter he just received resolving this issue. (see attached) Paicos noted the conditions in this letter do not alter the ATM Warrant Article as printed. On Goodwin's motion, seconded
MAY 3, 1999
by Tufts, the Board voted unanimously to accept the letter contingent on Article 47 passing at the ATM, and that the two documents, ATM Article and letter, are to be merged as one.
TOWN ADM'S NOTES
None
SELECTMEN'S NOTES
Webster noted the Gazebo dedications at Elyse Circle and Parker Terrace is on 5/15/99 at 11:30AM and 2:30PM.
Webster noted a meeting in Raynham with the MBTA on 5/4/99 at the Merrill School in Raynham.
Webster asked for the letter from Bond Counsel on the Library Vote.
Webster noted the Board is still waiting for a follow-up discussion on temporary signs. Paicos noted he is waiting for a letter from Town Counsel on this.
Hardin thanked all those who came out to vote in the recent election.
On Goodwin's motion, seconded by Tufts, the Board voted unanimously to adjourn at 7:25PM.
APPROVED________________________________
DATED_________________________________
MAY 3, 1999
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