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HomeMy Public PortalAbout20120522 - Select Board - Meeting Minutes 1 Hopkinton Board of Selectmen Meeting Minutes May 22, 2012 TOWN OF HOPKINTON Board of Selectmen May 22, 2012 A meeting of the Hopkinton Board of Selectmen was held on Tuesday, May 22, 2012 at Town Hall, 18 Main Street, Hopkinton, Massachusetts. Selectmen present: Todd Cestari, Ben Palleiko, Michelle Gates, John Mosher, Brian Herr. Officials present: Town Manager Norman Khumalo. CALL TO ORDER: Chairman Cestari called the meeting to order in Room 211. MOTION to go into Executive Session to discuss contract negotiations, litigation, and real property. REOPEN PUBLIC SESSION: Chairman Cestari reopened the Public Session in Room 215 with the Pledge of Allegiance. PUBLIC FORUM: Residents were invited to share ideas, opinions, or ask questions regarding town government. There was no one present to provide public comment. BOARD REORGANIZATION: Chairman Cestari stated the Town Elections have been held and it is customary to reorganize the Board after an election. MOTION by Mr. Herr that Ben Palleiko serve as Chairman for the next twelve months, SECONDED by Mr. Mosher. VOTE to Approve: Yes-4, No-1, Abstained-0. Mr. Cestari handed over the Chairmanship to Mr. Palleiko. Chairman Palleiko asked for nominations for Vice Chairman. MOTION by Mr. Cestari that John Mosher serve as Vice Chairman, SECONDED by Mrs. Gates. VOTE to Approve: Yes-5, No-0, Abstained-0. CONSENT AGENDA: a. Susan Vandervalk dba Vandervalk Farm, Application By A Farmer Winery for License to Sell at a Farmer’s Market, Weston Nurseries Parking Lot – The Board considered approval of an Application By A Farmer Winery for License to Sell at a Farmers Market, Weston Nurseries Farmers Market, submitted by Susan Vandervalk, Vandervalk trading as Vandervalk Farm. Municipal Building Inspector Kadlik had no issue with the request so long as the license is limited to serving samples and to sell bottled wine to be consumed off premises. b. Still River Winery, Application by a Farmer Winery for License to Sell at a Farmers Market, Weston Nurseries Parking Lot – The Board considered approval of an Application By A Farmer for License to Sell at a Farmers Market, Weston Nurseries Farmers Market, submitted by Still 2 Hopkinton Board of Selectmen Meeting Minutes May 22, 2012 River Winery. Municipal Building Inspector Kadlik had no issue with the request so long as the license is limited to serving samples and to sell bottled wine to be consumed off premises. Mr. Cestari broke out both items for discussion. He stated he does not feel this type of request should be part of the Consent Agenda, as it is a request for a temporary liquor license with the ability to provide samples. Mr. and Mrs. Vandervalk addressed the Board. They stated they only sell two varieties of blueberry wine and will be serving ½ ounce samples in 1 ounce cups. Mr. Cestari stressed the importance of taking this responsibility seriously. Wayne Holtzman, Still River Winery, addressed the Board. He stated all his employees are TIPS trained. They were very successful last year at this farmers market and look forward to being able to participate this year. MOTION by Mr. Cestari to approve items A and B of the consent agenda, SECONDED by Mr. Herr. VOTE to Approve: Yes-5, No-0, Abstained-0. CONSTABLE APPOINTMENT IN THE TOWN OF HOPKINTON: The Board considered the appointment of Scott Gonfrade, 281 Concord Street, Framingham, MA, to the office of constable in the Town of Hopkinton. Police Chief Flannery and Human Resources Director DeGroot completed the background checks and confirmed that Mr. Gonfrade met the requirements of MGL 41 S 91 B to be appointed as a Special Constable. Mr. Gonfrade addressed the Board. He provided information on his background and answered their questions. MOTION by Mr. Mosher to appoint Mr. Scott Gonfrade of 281 Concord Street, Framingham, MA to the office of Constable in the Town of Hopkinton, SECONDED by Mr. Herr. VOTE to Approve: Yes-5, No-0, Abstained-0. STREET NAMING: LEGACY FARMS – Wood Partners requested the Board approve the following street names for the roadways within the 240-unit apartment project to be developed south of East Main Street off the recently named Legacy Farms South: Woodview Way, Alta Lane, and Stonewall Road. Police Chief Flannery, Fire Chief Clark, Director Land Use, Planning & Permitting Lazarus approved of the proposed street names. Mr. Khumalo stated the preferred name being requested is Woodview Way. Adelaide Grady of Wood Partners addressed the Board. She stated this road will loop through the development, beginning and ending on Legacy Farms South. It will remain a private way. They have checked with the Town and this name does not currently exist and is not similar to any other names in town. MOTION by Mr. Mosher to approve naming of the roadway Woodview Way, SECONDED by Mr. Herr. VOTE to Approve: Yes-5, No-0, Abstained-0. PARADE PERMIT REQUEST: The Board considered an application by the Veterans Services for a permit for a parade to be held on Monday, May 28, 2012 beginning at the Evergreen Cemetery at 9:45 a.m., and concluding at the Town Common at 12:00 p.m. Mr. Khumalo stated this is an annual event and all relevant Town departments are supportive of this request. MOTION by Mr. Herr to approve the permit request, SECONDED by Mr. Mosher. VOTE to Approve: Yes-5, No-0, Abstained-0. 3 Hopkinton Board of Selectmen Meeting Minutes May 22, 2012 LAND CONVEYANCES: The Board considered the request to execute a Deed of Land to be Conveyed to the Town, Higgins Farm/Hopkinton Ridge Pulte Homes of New England LLC/Planning Board Parcel B, on Recorded Plan 95 of 1998. This is a 6,601 square foot parcel of land located off Glen Road to be conveyed to the Town as part of the Planning Board’s approval of Higgins Farm/Hopkinton Ridge subdivision. Per vote under Article 35 of the 2001 Annual Town Meeting. Board action is the final step in conveying this parcel to the Town. Said parcel provides access to adjoining town-owned land. Town Counsel and Staff recommended the Board sign the deed. MOTION by Mr. Herr to execute the deed for the transference of 6,601 square feet of land located off Glen Road conveyed to the Town as part of the Planning Board’s approval of Higgins Farm/Hopkinton Ridge subdivision, per the vote under Article 35 of the 2001 Annual Town Meeting, SECONDED by Mr. Mosher. VOTE to Approve: Yes-5, No-0, Abstained-0. ABATEMENT REQUEST, 71 SOUTH STREET ASSOCIATES: The Board continued its review of 71 South Street Associates’ request for a sewer abatement on Parcel R29 5 0, assessed $105,498.11. 71 South Street Associates is requesting an abatement in the amount of $50,546.34 on the grounds of unfair treatment, lack of notice on interest charged, and that betterment has not improved the value of the property. Les Bebchick, the property owner, was present and addressed the Board. He stated he feels he meets the two criteria of disproportionality and value to receive an abatement. He provided the Board with comparisons of the betterments assessed to other properties. Town Counsel addressed the Board and provided background information on the sewer betterment assessments and refuted some of Mr. Bebchick’s claims. He informed the Board it is within their authority to make an adjustment based on unusual circumstances presented and should not be concerned that this action would set a precedent. Robert Bushway, Principal Assessor, addressed the Board. He provided an explanation of the highest and best use of this property. He stated after reviewing the property, which is in the hotel overlay district, it is his opinion a three story, 82,000 square foot hotel could be built on this parcel. Town Counsel advised the Board it could deny the abatement, put a lien on the property and enter into an agreement with the owner to forebear foreclosing on the lien until a future time, but he would not recommend this course of action as it could be construed as special treatment. He stated if the Board feels the betterment should be abated then they should exercise their right to abate it. MOTION by Mrs. Gates to decline the request for abatement, SECONDED by Mr. Herr. VOTE to Approve: Yes-4, No-1, Abstained-0. 70 MAIN STREET: The Board previously approved the Transfer of License at 70 Main Street from Brian Bento to WT Pond dba Old Town Liquors, a corporation controlled by William Tetlow, however, the ABCC took no action on the file. Mr. Tetlow then approached the Town for further reconsideration. On April 3, 2012 the Board heard and continued the request to a future date until such time that Mr. Tetlow completed his probation. Joseph Antonellis, attorney representing Mr. Tetlow, addressed the Board. He stated Mr. Tetlow has completed his probation and they have submitted the appropriate paperwork to the Town Manager. He is confident the ABCC will take action, and they are still working with the Department of Revenue to pay a lien and accumulated interest. Mr. Khumalo stated he supplied this information to Town Counsel and the Police Chief and they were satisfied. Chairman Palleiko stated on behalf of the Board this is not a good way to have started this transfer and hopefully this will be the last challenge faced with this license. 4 Hopkinton Board of Selectmen Meeting Minutes May 22, 2012 MOTION by Mrs. Gates to transfer the license at 70 Main Street from Brian Bento to WT Pond dba Old Town Liquors, a corporation controlled by William Tetlow, SECONDED by Mr. Mosher. VOTE to Approve: Yes-5, No-0, Abstained-0. COMMUNITY INNOVATION CHALLENGE GRANT HOPKINTON-ASHLAND FIRE COLLABORATION IMPLEMENTATION PLANNING STUDY: The Town Manager requested the Board to support the Community Innovation Challenge Grant Project Agreement between the Commonwealth of Massachusetts Executive Office for Administration and Finance and the Town of Hopkinton, and authorize the Town Manager to execute any and all agreements in connection therewith on behalf of the Town. On May 15, 2012 the Board asked Town Counsel to review the proposed grant application agreement to determine whether it may be terminated prior to the end of the project, in the event that the Town determines that it does not wish to proceed with the proposed regionalization of fire services with the Town of Ashland. Town Counsel advised that Section 2, entitled “Term and Termination” states that the agreement terminates once the final report is filed, and no later than April 1, 2013. Pursuant to Section 8, however, both of these provision may be amended, at EOAF’s discretion, to provide for a reduced scope or an early termination. Mr. Khumalo stated he revised the agreement to clarify the language, and struck out any language pertaining to consolidation of the town fire departments. MOTION by Mr. Mosher to approve the Community Innovation Challenge Grant Agreement, and to authorize the Town Manager to execute any and all agreements in connection with this agreement on behalf of the Town, SECONDED by Mr. Cestari. VOTE to Approve: Yes-5, No-0, Abstained-0. ADJOURN: MOTION by Mr. Herr to adjourn, SECONDED by Mr. Mosher. VOTE to Approve: Unanimous. Meeting adjourned. 5 Hopkinton Board of Selectmen Meeting Minutes May 22, 2012 Summarized Transcription by //Patricia McDonnell// Date: July 16, 2012 Patricia McDonnell Certified Transcriber, OfficeSolutionsPlusLLC.com //Elizabeth Tice// Date: June 16, 2012 Elizabeth Tice, President Office.Solutions.PlusLLC.com My commission expires August 26, 2016