MINUTES
BOARD OF SELECTMEN MEETING
Thursday, November 6, 2008
6:30 p.m.
The meeting of the Board of Selectmen was held at 6:30 pm in the Sharon Town Offices with Chairman Richard A. Powell, Selectman William A. Heitin, Selectman Walter “Joe” Roach and Town Administrator Ben Puritz
The meeting was called to order at 6:40 p.m.
APPROVAL OF MINUTES
VOTED: (Heitin/Roach) Voted unanimously to approve the Regular Session Minutes of October 7, 2008, October 21, 2008 and October 27, 2008
BANNER REQUEST
VOTED: (Heitin/Roach) Voted unanimously to approve the request by the Sharon Adult Center to hang a banner in the center of Town from November 18th – November 27th
POSITIONS ON NOVEMBER 17, 2008 SPECIAL TOWN MEETING ARTICLES
Chairman Powell said the Board would hold on this item until later in the evening.
SUPPLEMENTAL
Selectman Heitin explained that the Town issued short-term bonds for capital and operating expenditures at a rate of 2.7%. He said the bonds would be paid off when the revenue is received.
Chairman Powell thanked the Town’s citizens for their enthusiastic support of the Food Drive, which was sponsored by the Selectmen and held during Tuesday’s Presidential Election. He said the Ilse Marks Food Pantry was appreciative.
It was also announced the MBTA parking fees were being raised from $2.00 per day to $4.00 per day. Selectman Heitin explained that the Town was not going to be receiving any additional money, as all the additional revenue would go to the MBTA. He also said that the increase doesn’t impact quarterly passes. A hearing needs to be held to increase the parking fees and it must be open for two weeks.
VOTED: (Heitin/Roach) Voted unanimously to open the hearing.
Department of Public Works Superintendent Eric Hooper was in attendance and further explained that the Town had received a letter from the MBTA stating that the fees would be increased on November 15, 2008. He said that the MBA used to receive $55,000 in fees from the Sharon Parking lot and now expects to receive $130,000. He said the only way the Town can meet this revenue increase is to increase the fees in the Town owned spaces. There was discussion about also increasing the price of quarterly passes. Chairman Powell questioned the feasibility of fitting four one dollar bills into the slot and was wondering if perhaps tokens could be used. DPW Superintendent Hooper said that if the Town switches to an automated system then people would have to pay on the weekends as well. The Board will hold the hearing open until Tuesday November 25th where there can be further discussion regarding this issue.
SHARON HILLS MEMORANDUM OF AGREEMENT DRAFT AMENDMENT DISCUSSION
In attendance: Town Counsel Richard Gelerman, Associate Town Counsel Cindy Amara, Consultant Dan Hart, Brickstone Attorney John Twohig, and Brickstone Engineer Bob Daylor
Chairman Powell read the following statement:
I know that we had planned on engaging in further discussions relative to the Brickstone development this evening, specifically concerning traffic. Instead, as the Board’s representative to the ongoing negotiations between the town and the developer, I would like to make an announcement relative to the status of negotiations and the Article pending before town meeting.
First, I would like to say that we as a board know and understand that this project will have certain impacts on the town as a whole, and that it will even more dramatically impact those whose property directly abuts the development. While sensitive to this fact, our, or I should say my support for this project has been based on a belief that this project provides significant long-term benefits to the town that will not be realized through other development options available on this property. I continue to believe that to be the case.
However, during this latest chapter, we have said all along that if we did not feel comfortable that we had enough information to provide to voters in a timely fashion, or if we did not have an agreement in place for town meeting that we felt appropriately represented the best interests of the town, then we would not advance this article to town meeting. I, along with town counsel and the developer agree that that is where we find ourselves today – and it is therefore my recommendation to my colleagues that we not move forward with the proposed town meeting article at this time. I, again along with the folks from Brickstone, agree that to do otherwise would be a disservice to the community.
Instead, as town counsel and counsel for the developer will explain in more detail, we will continue to negotiate and execute an amended development agreement that clarifies certain “non-material” obligations of the developer, and continue a dialogue with the developer that we hope will begin the site plan approval process for the project under its existing agreement as it relates to the use of Mountain Street.
This board has consistently felt that the site plan approval process is the best and most appropriate way to address the many concerns raised with a project of this size. During this deliberative and open process the developer will presumably make its case to be granted limited access to Mountain Street during construction. Please be assured that we continue to believe that any such change to the development agreement would still need to be approved at a subsequent town meeting, but at that point, thanks to having already gone through the rigors of site plan review, the town will be in a better position to make an informed decision.
I would like to recognize the efforts that everyone involved in this process have made to get us to this point. And finally, I would like to thank the residents for their continued participation in shaping this process in a civil manner that promotes the best interest of the town.”
Attorney Gelerman said that two things have become clear during the public hearing process. The first questions the extent to which Mountain Street would be used and calls to question the changes that would be necessary for Mountain Street to be used during the construction period. He said that many of the issues are site plan issues and therefore the site plan review should take place prior to going to Town Meeting. He also said with a clear deadline of Monday November 10th he has come to realize that the deadline cannot be met, as agreement cannot be reached on several substantive issues. He said that the developer would proceed with the site plan review process performed by the Zoning Board of Appeals. It will be lengthy, open to the public and will be a multi-meeting process. Once the site plan review is completed the Article will then proceed to Town Meeting. Attorney Gelerman also said that the Town and Brickstone would continue to work on the other issues, which are not considered material and therefore, not going to be voted on by Town Meeting. These issues will be spelled out in the first amendment to the Development Agreement.
Selectman Heitin said that two years ago Brickstone has requested access to Mountain Street and the Board had denied that request and told Brickstone to find a way. John Twohig, the Attorney representing Brickstone said it was clear that they were running out of time and decided it was best to move forward with the project through the site plan review process. This process will provide the opportunity for review of plans by experts and peer review. Chairman Powell said that once the amended Development Agreement is drafted by Town Counsel the Selectmen will hold a public meeting.
DPW SUPERINTENDENT FY ’10 CAPITAL OUTLAY REQUESTS
DPW Superintendent Eric Hooper said he is requesting $634,407 for Roadway Improvements. He said that the Pavement Management System has identified the following three streets for repaving: Walpole Street from South Main to Bluff Head Circle, Canton Street from North Main Street to Richards Avenue and Mountain Street from East Street to Morse Street. Superintendent Hooper also reviewed his request for $132,000 for Equipment Replacement and $150,000 for Building Maintenance Requests.
POSITIONS ON NOVEMBER 17, 2008 SPECIAL TOWN MEETING ARTICLES
Mr. McSweeney a resident who was in attendance, requested that votes on Article 4 and Article 5, approval of the 40R, district be postponed until the next Town Meeting. The Board agreed to hold on this item. Positions were taken on the following:
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Article |
Position |
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1. |
Changes to Brickstone Development Agreement |
Unan - Indefinitely Postpone |
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2. |
Alcohol Rules and Regulations Revisions |
Unan. - Yes |
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3. |
Funding for Middle School Renovation Planning |
Uanan. – Yes |
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4. |
Adoption of Chapter 40R Overlay District for Sharon Commons Subzone A & B |
Hold |
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5. |
Adoption of Chapter 40R Overlay District for Sharon Commons Subzone C |
Hold |
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6. |
Roadway Layout for Johnson Drive |
Unan. - Yes |
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7. |
Johnson Drive – Amend Zoning by-Laws by adding at the end of Section 2110 a new overlay district entitled “100 High Plain Overlay District” (100HPOD) |
Unan. – Indefinitely Postpone |
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8. |
Johnson Drive – amend Zoning By-Law by amending the map |
Unan. – Indefinitely Postpone |
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9. |
Stabilization Fund from Avalon Bay $310K for sidewalk from Avalon Bay |
Unan. – Yes |
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10. |
Stabilization Fund from Avalon Bay $400K for waterline improvements |
Unan. – Yes |
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11. |
Capital Outlay items for Horizons for Youth |
Unan. – Yes |
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12. |
Appropriation for Charter Commission |
Unan. – Yes |
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13. |
Easement for Lakeview Street for sidewalk project |
Unan. – Yes |
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14. |
Sign by-law revision (re: whether Gen. By-Law or Zoning By-Law preferable or leave in both) |
Unan. – Yes |
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15. |
Removal of burial fees |
Unan. – Yes |
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16. |
Increase demand fees |
Unan. – Yes |
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17. |
Technical Amendment to Article 17 – Regulation of Dogs |
Unan. – Yes |
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18. |
Expand eligibility requirements for Sharon seniors to be able to take part in deferral of property taxes (COA) |
Unan. – Yes |
VOTED: (Heitin/Roach) Voted unanimously to adjourn.
The Board adjourned at 7:45 P.M.
Powell: Aye
Heitin: Aye
Roach: Aye