Minutes - May 23, 2005

SELECTMEN’S RECORD

MAY 23, 2005

ATTENDANCE AND CALL TO ORDER

The meeting was called to order at 8:05 p.m. in the Selectmen’s Meeting Room by Chairman, Nancy Hyde.  Also present were: Selectmen Patrick Ahearn and Anthony Antonellis, Executive Secretary, Michael Jaillet and Town Counsel, Thomas P. McCusker, Jr.   Evelyn Splaine was present to record the minutes.

Ms. Hyde led the Pledge of Allegiance.

8:00 – Reorganization of the Board of Selectmen

Mr. Antonellis nominated Mr. Ahearn as Chairman of the Board, seconded by Ms. Hyde.  VOTE:  3-0-0

Mr. Antonellis nominated Ms. Hyde as Clerk of the Board, seconded by Mr. Ahearn.  VOTE:  3-0-0

CHAIRMAN’S UPDATE:

Mr. Ahearn congratulated Mr. Antonellis for being elected to his 4^th term on the Board of Selectmen.  He also congratulated Ms. Hyde for her achievements as Chairman of the Board over the past year.

MINUTES:

Mr. Ahearn moved to approve the minutes of May 3, 2005 as written, seconded by Mr. Antonellis.  VOTE:  3-0-0

Ms. Hyde moved to approve the minutes of May 14, 2005 as amended, seconded by Mr. Antonellis.  VOTE:  3-0-0

Ms. Hyde moved to approve the minutes of March 28, 2005 as written, seconded by Mr. Antonellis.  VOTE:  3-0-0

Ms. Hyde moved to approve the minutes April 13, 2005 a.m. as written, seconded by Mr. Antonellis.  VOTE:  2-0-1 (Mr. Ahearn)

Ms. Hyde moved to approve the minutes of April 13, 2005 p.m. as written, seconded by Mr. Ahearn.  VOTE:  2-0-1 (Mr. Antonellis)

Hold the minutes of April 30, 2005.

Ms. Hyde moved to reconsider the approval of the April 13, 2005 a.m. minutes, seconded by Mr. Antonellis.  VOTE:  3-0-0

Ms. Hyde moved to approve the minutes of April 13, 2005 a.m. as amended, seconded by Mr. Antonellis.  VOTE:  2-0-1 (Mr. Ahearn)

Ms. Hyde moved to approve the minutes of May 2, 2005 as written, seconded by Mr. Antonellis.  VOTE:  3-0-0

SCHEDULED ACTION

8:00 p.m. – Public Hearing – Clapboardtree Street

Mr. Ahearn explained that Boston Edison has requested permission to provide underground electric supply at Pole 5/109 on Clapboardtree St.  The conduit has already been installed.  All abutters have been notified.  Two abutters did have questions and Chris Cosby has been notified.

Ms. Hyde moved to approve the request to allow the underground electric supply at Pole 5/109, seconded by Mr. Antonellis.  VOTE:  3-0-0

Mr. Antonellis moved to assign our option to purchase said parcel(s) to the Westwood Land Trust and as a condition it be with Agricultural Conservation Restrictions to be discussed at a later date, as well as an indemnity to be agreed to by the Town and Land Trust, seconded by Ms. Hyde.  VOTE:  3-0-0

8:00 P.M. – Public Hearing – Liquor License, Beer & Wine – Vello’s

Present were Victor Servello, Jr., owner of Vello’s and Attorney Karen Simao, Licensing Counsel for the Town.  Mr. Antonellis recused himself because he is an abutter to the restaurant.

Chief Chase reported that the Alcohol Review Committee met and there are a number of outstanding issues that remain on this license request, i.e., revised plan for basement room, 3 proof of age of TIPS attendees, two CORI histories and proof of liquor liability insurance.  They are working with the applicant on them.  The details of the remaining outstanding issues were discussed and the applicant will obtain an attorney for the next meeting.

8:30 p.m. – Banners

Jane Nash thanked the Board for allowing the League of Women Voters to assist in installing banners.  They learned some necessary improvements to be made.  Ms. Hyde asked that they get an estimate on how much it would cost to have the banners hung so that the Fire Dept. can be reimbursed.  Mr. Jaillet will get a cost on that.  Mr. Antonellis suggested seeing if the Rt. 109 project could fund the installation of poles.

8:45 p.m. – Appointment of Police Officer

Chief Chase introduced Derrick C. Stokes who would be transferring from the Wellesley Police Dept.  He then went on to explained Mr. Stokes extensive credentials.  The Board then conducted an interview of Mr. Stokes.

Ms. Hyde moved to appoint Derrick C. Stokes to serve as Westwood’s newest Police Officer subject to the required paperwork, seconded by Mr. Antonellis.  VOTE:  3-0-0

Public Hearing – 303 Grove Street

Duncan McFarland and Nancy Dempsey, Westwood Land Trust, were in attendance.

Mr. Ahearn explained 303 Grove St., which was formerly known as the Sarkas Estate, is comprised of 36.3 acres of land, a mansion, servant building and other structures.  These buildings are located on 11.3 acres of land not included in a MGL Chapter 61A Agricultural exemption.  The remaining 25 acres of open land with frontage on Summer and Grove Streets are and have been granted an agricultural exemption.  The Board has received a letter from Christopher Noble, Trustee, Omnia Per Deum Veniunt Trust indicating the trust intends to change the current use of 6 acres of land, with frontage on Summer St., currently under Ch. 61A from agricultural to residential use.  They intend to add that portion to the main parcel currently deemed residential use and said portion incident to the main house for residential purposes.  Since the owner is only changing the use, exercising the Town’s right of first refusal would require paying full and fair market value as determined by an appraiser.  A preliminary estimate done by the Town Assessor has an appraised value between $2,250,000 and $2,640,000.  Duncan McFarland said that he would contribute $1M toward the acquisition of these 6 acres, if the neighborhood would agree to raise the remaining balance of the appraised value.  Some of them were interested in this, but the majority are concerned about the maximum potential development that might occur if the entire parcel were cleared of all buildings and subdivided.  For 120 days following this notice, the Town has an option to purchase the land at full and fair market value to be determined by an impartial appraiser.  The Town has to exercise its option on or before June 10, 2005.  Mr. Ahearn asked Town Counsel if Town Meeting needs to vote to ratify an action.  Mr. McCusker said it did not, however, he is not totally sure that the notice given by the owners results in the Town’s right of first refusal.  Mr. Jaillet said that if the Board does not make the vote now, the option is lost forever.  Ms. Dempsey said he believes the notice would have to be filed with the Registry of Deeds by June 10, 2005.

Betsey Killhane, 359 Summer St., is an abutter and has read Ch. 61A and does not think this is considered a conversion.  She asked what would become of the land if the Land Trust does not purchase it.  Mr. Dempsey said it would become Conservation land, and if it is intended to be kept agricultural it would be deeded that way. 

Steve Olanoff, Planning Board, informed the Board that the Westwood comprehensive plan calls for this area to remain open space.  Mr. Dempsey said he would be happy to bring this before the Board to see if it accepts the assignment of the option.

Bob Kilman asked about the statute and the residential aspect.  Mr. McCusker explained that the owner’s letter states we are not discontinuing the use but are adding it to purchase of the main parcel incident to the main house for residential purposes.  

Mr. Antonellis moved to assign our option to purchase said parcel(s) to the Westwood Land Trust and as a condition it be with Agricultural Conservation Restrictions to be discussed at a later date, as well as an indemnity to be agreed to by the Town and Land Trust, seconded by Ms. Hyde.  VOTE:  3-0-0

Mr. Ahearn informed the Land Trust that they may have an appoint with the Board on June 6 if necessary.

Metropolitan

Mr. Antonellis moved to authorize the Chairman to sign for Steve Olanoff and the Town of Westwood the Metropolitan Planning Organization, seconded by Ms. Hyde.  VOTE:  3-0-0

NEW BUSINESS

Request to Fill – Board of Health, Office Assistant

Sue Aries explained the job description for the Office Assistant and requested that the Board approve advertising and filling the position. Ms. Bernard spoke in support of this request.

Ms. Hyde moved to approve the Board of Health’s request to advertise and fill the Health Office Assistant position, seconded by Mr. Antonellis.  VOTE:  3-0-0

Easement Request – Dover Road

Mr. Ahearn explained the property at 129 Dover Rd. is owned by the O’Dea family.  It directly abuts the entrance to the DPW and municipal office building facilities.  Several years ago when the Town’s recycling program was located where the office building is now located, the O’Dea family was impacted by the noise and traffic to and from the facility, especially on weekends.  The Town and Mr. O’Dea worked out arrangements to provide buffers for the family.  They have placed their house on the market and one of the impediments to the sale of the house is they cannot provide documented rights to utilize the driveway on Town property to access the home.  The O’Dea’s have asked the Town to provide them with an easement.  The DPW Director advises that a clause be included that would allow the Town to relocate the easement at our discretion.

Mr. McCusker informed the Board that it needs Town Meeting approval for the granting of this easement.  Ms. Hyde will check out the site.  Mr. Jaillet will let the O’Dea’s know the Town is looking at their request.

Verizon New England – Conduits

Mr. Jaillet explained that Verizon has installed three conduit lines on Sherman’s Way.  They are being maintained in what was formerly a private way, but is now a public way.  Therefore, Verizon must obtain the Town’s approval of these locations.  Because there is no new construction required, a public hearing is not necessary.

Mr. Antonellis moved to approve and sign the Verizon Order for Conduit locations on a public way, namely Sherman’s Way, seconded by Ms. Hyde.  VOTE:  3-0-0

Recycling – Hazardous Waste Fees

Mr. Ahearn explained the DPW Director is in the process of preparing his recycling brochure for the upcoming fiscal year and is seeking the Board’s approval for the implementation of a hazardous waste fee and the establishment of a white goods fee.  He proposed the Town charge a $5 fee for each car dropping off hazardous waste on Hazardous Waste Day.  Further Mr. Walsh recommends a $20 fee for the collection of white goods.

Ms. Hyde was concerned that people would not do the Hazardous Waste Day collection if three is a fee, but agreed to the white goods fee. 

Ms. Hyde moved to approve a $20 fee for the pick up of white goods, seconded by Mr. Antonellis.  VOTE:  3-0-0

OLD BUSINESS

Resale of Affordable Home – Down Payment Assistance

Mr. Jaillet explained Jill Onderdonk, Housing Director, has found that the Neighborhood Housing Services of Quincy provides Down Payment Assistance to individuals that purchase affordably priced homes.  The amount of down payment that is available depends on the income, assets, family size and price of the home, up to a maximum of $10,000.  There is an applicant to purchase the home available in Cedar Hill Estates that would be eligible for a $9,000 grant for the 5% deposit.  Ms. Onderdonk is preparing a letter to apply to the Neighborhood Housing Service of Quincy for the Board’s signature.  Mr. Jaillet suggested making the program available for first time buyers. 

Ms. Hyde moved to approve and sign a letter to the Neighborhood Housing Services in Quincy seeking to have the Down Payment Grants it offers available to individuals that qualify to purchase affordable homes in Westwood, seconded by Mr. Antonellis.  VOTE:  3-0-0

Starbucks

Mr. Jaillet explained:  1) the Building Inspector issued a zoning violation because a retaining wall was constructed and the rear parking area was expanded without the required site plan approval.  The owner subsequently applied for a site plan approval, which is underway with the Planning Board.  The project engineer revised the parking plan, but the owner now wants to go back to his original plan, which is generally unacceptable to the Planning Board.  2) the Building Commissioner has received a complaint from an abutting resident that Starbucks has changed its operation from a majority retail to a majority fast food.  Westwood Zoning Bylaws prohibits establishments that are primarily fast food.  Originally the owner’s intent was to sell bulk coffee and coffee related products and the selling of brewed coffee was incidental to the retail operation.  After receiving this complaint the Building Commissioner cited Starbucks for running a retail operation primarily as fast food.  Starbucks has appealed this decision and is scheduled to appear before the Zoning Board on May 26.

Ned Richardson said Starbucks is protected at this point by the statute of limitations.

Mr. McCusker explained that when the Building Inspector gets a complaint he has to look into it.  The Board could write a letter supporting the business to the Zoning Board, but then the Board would not be supporting the Building Inspector.  Mr. Jaillet suggested the possibility of re-writing the Bylaw.

Mr. Antonellis moved to write a letter of support to be signed by Mr. Ahearn.  VOTE:  3-0-0

Future Meetings

The upcoming meetings are scheduled as follows:   June 20 @ 7:30 p.m., August 1 @ 8:00 p.m., August 29 @ 8:00 p.m.

EXECUTIVE SESSION

Ms. Hyde moved to go into executive session for the purpose of discussing two items of potential litigation and three issues of labor negotiations, seconded by Mr. Antonellis.  VOTE:  3-0-0

The meeting will adjourn upon completion of the executive session.

Initial after reviewed

M. Jaillet

Executive Secretary

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