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Home My Public Portal About20190319 - Select Board - Meeting Minutes TOWN OF HOPKINTON Board of Selectmen Meeting Minutes – March 19, 2019 Town Hall, 18 Main Street, Hopkinton MA 6:00 PM Board of Selectmen Members Present: Claire Wright, Chair, Brendan Tedstone, Vice Chair, John Coutinho, Brian Herr, Irfan Nasrullah (6:30 PM) Members Absent: None Officials Present: Town Manager Norman Khumalo, Director of Land Use and Town Operations Elaine Lazarus CALL TO ORDER: Ms. Wright called the public meeting to order at 6:00 PM in Room 211 of the Town Hall. The Chair entertained a motion to enter into executive session to approve executive session Minutes, to consider litigation strategy with respect to Petition of Eversource Energy for Zoning Exemptions (DPU) because discussion in an open meeting may have detrimental effects on the litigating position of the Board, to consider litigation strategy with respect to Wall Street Development because discussion in an open session may have detrimental effects on the litigating position of the Town, to consider strategy with respect to pending litigation: Booth v. Town of Hopkinton (Framingham District Court Civil Action No. 1949CV72), Higgins v. Town of Hopkinton (Framingham District Court Civil Action No. 1949CV71), and Moran v. Town of Hopkinton (Framingham District Court Civil Action No. 1949CV70), because discussion in an open meeting may have detrimental effects on the litigating position of the Board, to reconvene in open session at the conclusion of executive session, to allow the following officials to be present: Norman Khumalo, Elaine Lazarus, Ray Miyares, Bryan Bertram. MOVED by Mr. Tedstone and SECONDED by Mr. Coutinho. ROLL CALL: Ms. Wright-Yes; Mr. Tedstone-Yes; Mr. Herr-Yes; Coutinho-Yes. VOTE to Approve: Yes-4, No-0. REOPEN PUBLIC SESSION: Ms. Wright reopened the Public Session with the Pledge of Allegiance at 6:40 PM in Room 215/216. PUBLIC FORUM: In response to a question of Joe Regan, 37 Front St., the Board confirmed that an article on the annual town meeting requests funding to acquire a bucket truck. Mr. Regan stated that he would support the article. Mr. Tedstone congratulated the Hopkinton High School hockey team for making the playoffs this year. 1 CONSENT AGENDA: MOVED by Mr. Coutinho and SECONDED by Mr. Tedstone to approve the following Consent Agenda items: 1) approve the Minutes of the 3/5/19 meeting; 2) accept an $18.00 gift to the Library Fund for the Inez Globman Fund from Dale Cohen; 3) accept donation gifts from the Boston Athletic Association to the Town of Hopkinton and the School Department, in the amounts of $124,500 and $25,000 respectively; 4) recommend the appointment of Joseph Morrisey as Hopkinton’s public representative to the South Middlesex Opportunity Council, to a 3 year term. Vote to Approve: Yes-5, No-0. Mr. Tedstone thanked the donors to the Ambulance Fund and for honoring long time residents. Jack Fleming, BAA, appeared before the Board and in response to a question, noted that the port-a-johns would be located as requested by the Police Dept. and noted that clean-up is included in the plan submitted. MOVED by Mr. Coutinho and SECONDED by Mr. Tedstone to accept a $50 gift from Joan Antonio to the Ambulance Fund in memory of Mary Palmer Hayward and a $200 gift from Florence Tower in memory of Kathleen M. Gross, and to approve a Parade Permit for a Training Run in advance of the Boston Marathon on 3/23/19. Vote to Approve: Yes-5, No-0. PROCLAMATIONS: The Board congratulated Jordan Hanna and Austin Marques for attaining the rank of Eagle Scout, and presented each with a Proclamation. PARADE PERMIT: HOPKINTON LITTLE LEAGUE OPENING DAY PARADE AND SPECIAL TEMPORARY ALCOHOL LICENSE FOR ANNUAL FUNDRAISER: Jason Mahon, President, Hopkinton Little League, appeared before the Board and described the events. MOVED by Mr. Coutinho and SECONDED by Mr. Tedstone to approve the Parade Permit for the opening day parade on 4/28/19. Vote to Approve: Yes-5, No-0. MOVED by Mr. Coutinho and SECONDED by Mr. Tedstone to approve a special temporary alcohol license for Wine and Beer only for an annual fundraiser on 5/17/19 at St. John’s Parish Hall. Vote to Approve: Yes-4, No-0. MOVED by Mr. Tedstone and SECONDED by Mr. Coutinho to waive the fees associated with the applications. Vote to Approve: Yes-5, No-0. LIAISON REPORTS: Mr. Coutinho reported on meetings with the BAA regarding marking the First Mile of the Boston Marathon with 3 blue lines, similar to the markings in the last mile of the race. PUBLIC HEARING - BITTERSWEET COMPANY - COMMON VICTUALER LICENSE, SECTION 12 BEER & WINE ALCOHOL LICENSE, AND ENTERTAINMENT LICENSE, 22-24 MAIN STREET: MOVED by Mr. Coutinho and SECONDED by Mr. Tedstone to open the public hearing. Vote to Approve: Yes-5, No-0. C.J. Dunne, applicant, and Mark Pironti, Manager, appeared before the Board. Mr. Dunne referred to comments from Town departments relative to the applications, and stated he would address all of the comments raised. In response to a question, Mr. Dunne stated he would like to open in 4 to 6 weeks. He stated that he has applied for an exemption to the requirement for a grease trap, so that an alternative could be used. John Westerling, DPW 2 Director, stated he will work with the applicant to achieve conformance with the Town’s sewer regulations. Mr. Dunne noted that some of the parking associated with the restaurant would be off-site at 17 Main Street, which requires a special permit from the Planning Board. It was noted that an application to the Planning Board had not yet been submitted. Steve Slaman, Fire Chief, stated he met with the Building Department today, and there is not yet enough information submitted to review and comment on. PUBLIC HEARING - STREET ACCEPTANCE: MOVED by Mr. Coutinho and SECONDED by Mr. Nasrullah to open the street acceptance public hearing and to continue it to the conclusion of the Bittersweet Co. public hearing. Vote to Approve: Yes-5, No-0. CONTINUED PUBLIC HEARING - BITTERSWEET COMPANY: Keith Regan, 13 Walcott Street, cited concerns with insufficient parking in the area, noting that current spaces are at capacity. Tom Carey, owner of 17 Main St., stated that he has agreed to share parking with Bittersweet, noting that the peak demand times of the businesses at 17 Main St. are different than Bittersweet. The public hearing was continued to April 8, 2019. PUBLIC HEARING - STREET ACCEPTANCE: Chris Nation, developer, and John Westerling, Director of Public Works, appeared before the Board. Mr. Westerling stated the DPW has evaluated Penny Meadow Lane and Hunters Ridge Way, and both are ready for acceptance, subject to positive reports from the Planning Board’s inspecting engineer. He referred to the need for an easement along the edge of Penny Meadow Lane at #2. Mr. Nation stated he has spoken to the property owner who indicated they would grant an easement. Tom Carey, Penny Meadow Lane, stated that residents are happy with the solution to the Penny Meadow Lane problem and want the road accepted as a public way. MOVED by Mr. Tedstone and SECONDED by Mr. Coutinho to close the public hearing. Vote to Approve: Yes-5, No-0. MOVED by Mr. Tedstone and SECONDED by Mr. Coutinho to recommend that the annual town meeting vote to accept Hunters Ridge Way as and for a public way and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain any land or interest in land necessary for such laying out. Vote to Approve: Yes-5, No-0. MOVED by Mr. Tedstone and SECONDED by Mr. Coutinho to recommend that the annual town meeting vote to accept Penny Meadow Lane as and for a public way and to authorize the Board of Selectmen to acquire by gift, purchase or eminent domain any land or interest in land necessary for such laying out, contingent upon receiving an easement for roadway purposes on 2 Penny Meadow Lane. Vote to Approve: Yes-5, No-0. MAIN STREET CORRIDOR PROJECT UPDATE: Dave Daltorio, Town Engineer/Facilities Director, and Matt Chase and Amanda Bazinet, VHB, appeared before the Board. It was noted that the 75% design was submitted last week, and MassDOT has 60 days to comment on the design. It was stated that the 100% design will be submitted in July. Mr. Chase described the process for the project going forward. Mr. Daltorio 3 stated that the Town will work with property owners, the Historic District Commission, the Garden Club, and others on next steps. Mr. Khumalo noted that Eversource is planning a gas main replacement project in Main St. before the Main Street Corridor Project begins, but the Town has not heard from them specifically about the project. It was noted that the Town has provided them with the plans indicating the location of the gas main. The Board discussed project elements, and it was noted that new poles for banners will be included where the utility poles will be removed. FY20 BUDGET UPDATE: Mr. Khumalo reviewed the direction from the Board on March 5, to reduce the budget to a 2.5% tax impact net of new growth. He provided an update to the Board, noting that there is a tentative understanding as to how to get there, and the School Dept. will discuss the concept before it can be presented to the Board. He stated that he is confident that the budget can get to 2.5%. He noted that if the anticipated changes go forward, there would be 1.18M in excess levy. Mr. Coutinho stated he wants to make sure that the Town isn’t kicking the can down the road and harming public safety, sidewalks, etc. Mr. Khumalo stated they are looking at the income/revenue side of the budget. The Board discussed the excess levy, and it was noted that it represents the ability to tax residents an additional amount without needing an override, and unless it is used, it stays uncollected. The Board discussed concepts such as reducing the excess levy as a way to increase transparency, the fact that it speaks to the Town’s financial strength, and the need for a cushion to address unanticipated needs. Mr. Khumalo noted that when asked, Uniban, stated that Standard & Poors has not focused on underrides, but if the Town keeps doing it, it will cause concern. He noted that the concern is that each time the levy is reduced, it limits reserves and future flexibility. Timothy O’Leary, Finance Director, presented the pros and cons of an underride, noting that a fiscally prudent person could vote either for or against it, and there is no wrong answer. MOVED by Mr. Herr and SECONDED by Mr. Coutinho to approve a ballot question and a town meeting article for an underride in the approximate amount of $1,180,568. It was stated that the intent is to include the entire excess levy, and the exact number will be confirmed when needed for the ballot question. Vote to Approve: Yes-3 (Herr, Coutinho, Tedstone), No-2 (Wright, Nasrullah). Mr. Herr left the meeting at this time. 2019 ANNUAL TOWN MEETING WARRANT: The Board reviewed the draft warrant for the annual town meeting, and discussed whether the sponsor of the Center School article should be the Permanent Building Committee or the Board. TOWN MANAGER REPORT: The Board discussed whether to exercise a right of first refusal relative to the impending sale of 3 Oliver Lane, and the requirements of the deed rider for the affordable home. It was noted that the difference is whether the Town or the State takes the lead in finding a buyer. MOVED by 4 Mr. Coutinho and SECONDED by Mr. Nasrullah not to exercise the right of first refusal. Vote to Approve: Yes-4, No-0. Mr. Khumalo referred to the request to the Town regarding whether it might have an interest in acquiring a parcel off Mechanic Street if it becomes available, noting that it is under the MGL c.61A program, and the Town has a right of first refusal. Members noted that given its proximity to the Town’s Fruit Street wells, it should consider acquisition for watershed protection. It was noted that the Board would review the comments of other town departments at the next meeting. The Board reviewed a tour of solar facilities by Rep. Carolyn Dykema in April. Mr. Tedstone stated that a lot in Hopkinton has been bought by the Gary Sinise foundation, and the house will be built for a veteran. LIAISON REPORTS: It was noted that Board members attended a Metrowest YMCA event; members noted the recent basketball game between the Police Dept. and the Special Olympics team. FUTURE AGENDA ITEMS: There were no future agenda items noted. MOVED by Mr. Tedstone and SECONDED by Mr. Coutinho to adjourn the meeting. Vote to Approve: Yes-4, No-0. Adjourned: 9:36 PM Approved: April 9, 2019 Documents used at the meeting: ●Draft Minutes of the 3/5/19 meeting ●Email from Jim Cuddy dated 3/13/19 re: Recommendation for Appointment to SMOC Board - Jim Morrissey ●Letter dated 3/14/19 to Claire Wright from Thomas Grilk, BAA, relative to training exercise on 3/23/19 ●Boston Marathon Training Run, March 23, 2019, Permitting Team Comments ●Email from Kris Hanna to Maria Glynn, March 1, 2019, re: Eagle Scouts ●Special Temporary Alcohol License Application, Hopkinton Little League - Jason Mahon, 1/19/19, and supporting documents ●Parade Permit Application, Hopkinton Little League, 1/29/19, and supporting documents ●Hopkinton Little League, Parade Permit Opening Day Parade and Special Temporary Alcohol License, Permitting Team Comments ●Entertainment License Application, CJ Dunne, 2/27/19 and supporting documents ●General License Application, Alcohol, Common Victualer, Entertainment, CJ Dunne, 3/7/19, and supporting documents ●Dunne & Oliveira LLC d/b/a Bittersweet Company, Common Victualer/Entertainment and Section 12 Restaurant Alcohol License - Wine & Malts only, Permitting Team Comments ●Letter dated March 12, 2019 to Claire Wright from Muriel Kramer, re: Street Acceptance Report, with attachments ●Hunters Ridge Way, As-Built Plan & Profile, prepared by Precision Land Surveying, dated 10/19/18 ●Penny Meadow Lane, As-Built Plan & Profile, prepared by Precision Land Surveying, dated 10/19/18 5 ●Main Street Corridor Plans, prepared by VHB, untitled, undated. ●Town of Hopkinton, Underride Issue Paper, Prepared by Tim O’Leary, Ben Sweeney, David Nalchajian, Norman Khumalo, March 14, 2019 ●Document entitled “Town of Hopkinton Tax Levy Underride Data” dated 3/19/19 ●Draft 2019 Annual Town Meeting Warrant ●3 Oliver Lane, Hopkinton ●Local Initiative Program, Deed Rider for Ownership Project ●Letter dated 2/19/19 to Elaine Lazarus from Matt Swansburg, with attached maps 6