BOARD OF SELECTMEN
Natick Town Hall
April 26, 2004
6:00 p.m.
The meeting was called to order by the Chairman John Ciccariello at 6:00 p.m.
PRESENT: John Ciccariello, Jay H. Ball, Charles M. Hughes, Paul R. McKinley, John Connolly
ALSO PRESENT: Philip E. Lemnios, Town Administrator; Donna Challis, Secretary
WARRANTS: Payroll warrants were signed by the Board of Selectmen on April 26, 2004 in the amount of $1,430,750.78. This figure was included in total warrants signed by the Board of Selectmen of $31,429,288.04.
EXECUTIVE SESSION
Mr. Hughes, seconded by Mr. Ball, moved to enter into executive session for the purpose of discussing matters pertaining to litigation. A roll call vote was unanimous and the Board so retired at 6:00 p.m. after announcing that the meeting would return to open session.
The open session was called to order at 7:00 p.m.
Following the Pledge of Allegiance a moment of silence was observed in honor of the troops in Iraq.
LETTER OF RECOGNITION: SENIOR WOMAN OF THE YEAR
A citation was presented to Joanne Kelley in recognition of being named Senior Woman of the Year.
LETTER OF RECOGNITION: SENIOR MAN OF THE YEAR
John Kelley was presented with a citation in honor of his being named Senior Man of the Year.
PROCLAMATION: DRUG/ALCOHOL AWARENESS ABSTENTION DAY
James Hill, Chairman of the Natick Alcohol and Drug Advisory Council and SAAD advisor accepted a proclamation declaring April 30, 2004 from 4:30 p.m.-12:00 a.m. as an Alcohol & Drug Free Night in the Town of Natick.
Mr. Hill advised that April was the National Drug and Alcohol Awareness month.
PROCLAMATION: BIKE WEEK 2004
A. Richard Miller, Chairman of the Natick Bicycle & Pedestrian Advisory Committee, accepted a proclamation declaring the week of May 15-24, 2004 as Bike Week and May 17th as Bike to Work Day in Natick.
Mr. Miller thanked the Board for its support and highlighted the major happenings. Route 135 was getting rebuilt and by the end of that there
would be a bicyclable route. Last week Framingham signed its agreement for the Cochituate rail trail with the Mass Pike and the whole Framingham section of the rail trail may be opened this summer. In Natick the trail would be brought south over to the Natick Mall and the planning was going well.
Mr. Miller distributed handouts of the planned activities for Bike Week.
INTRODUCTION: SENATOR SCOTT BROWN
Senator Scott Brown, who was elected to fill the vacancy left by the resignation of Senator Cheryl Jacques, joined the Board. He told the Board that his office was fully up and running and he wanted to give the Board an overview on what to anticipate on local aid.
Senator Brown advised that the House did an $80 million increase in the circuit breaker and that would bring the Town to a 65% reimbursement. The Senate would do that as well. Metco was not funded very well and he was working on that as well. There was a $2 million increase
allocated for Metco and he was looking to get that increased to $4 million. Under the Governor’s proposal, the Town would receive $3.945
INTRODUCTION: SENATOR SCOTT BROWN (contd)
million in Chapter 70 funds. Lottery funds were at $2.069 million and additional assistance at $1.942 million.
Senator Brown noted that when he was a representative he made numerous proposals to get the Chapter 70 formula fixed so it wouldn’t always benefit the cities. The inequity was obvious and there was work across party lines to get it fixed. He was also going to try to get the additional assistance formula fixed and under his proposal the Town would get another $140,000. A lot of things were happening in the House now and would be happening in the Senate in a few weeks. He had met with the Town Administrator and asked the Town Administrator and Police and Fire Chiefs to give him a list of any projects or approvals that were stalled. If the Board wished him to find out anything, he would be happy to do so.
Noting that there were two proposals for solving SBA, Mr. McKinley asked if Senator Brown had a sense if one or the other would prevail or something in the middle. Senator Brown responded that the Governor recognized the need to do something and made a proposal. The Senate leadership made a proposal. Clearly something needed to be done and the projects moved up. He felt there would be a combination. The Senate Ways and Means Chair has said it would be done outside the budget and he would think in the next month there would be something definitive.
Mr. Hughes noted that Natick had Town Meeting in April before the budget was done and on occasion it dragged on past July 1. He asked if Senator Brown had a sense if the budget would be on time this year. Senator Brown noted that in the last couple of years the budget was done on time and because of the Democratic convention he believed it would be done on time this year. Taking the circuit breaker and SBA outside the budget would avoid deadlock. The holdup was generally in conference, but with those two things outside the budget, what they would be looking at were the things important to the citizens and towns
like getting the bridges fixed, senior center. That would be decided in conference.
Mr. Connolly commented that it meant a lot for Senator Brown to come to Town Meeting and to the Selectmen’s meeting. He thanked Senator Brown for the visibility and for reaching out to the citizens. In return Senator Brown thanked the Board and congratulated Mr. Connolly on his recent election.
Mr. Lemnios echoed Mr. Connolly’s thoughts and added that one issue in the Town and all across the Commonwealth was the condition of the roadways and bridges. His hope was to see some freeing up of Chapter 90 funds that had previously gone to the Big Dig.
Senator Brown advised that there was a lot of movement on the Mass Highway and Turnpike merger. Everybody was realizing that there was no desire to raise taxes with the leadership and a lot of citizens felt the same way. They had to consolidate and find some additional funds and by looking outside the box found $282M (with merger) that could be used for senior centers, etc. Fortunately the revenues were up. There was about $780M in the rainy day fund and with the tobacco settlement money, there was a $1.4 billion reserve and a structural deficit of $1.1-$1.3 Billion.
Senator Brown told the Board that if there were any projects ready to go he would need to know so he could get to work on it. He would be available.
Mr. Lemnios noted that Senator Brown held office hours this morning in Town Hall and would schedule hours on a monthly basis. Senator Brown corrected that to bi-monthly, but added that he would be available and anyone could call at any time.
Mr. Ciccariello noted that as a result of a meeting with Doug Foy the Town had the ability to delay the auction of the Armory. The Town was trying to pursue a $100,000 grant through the Governor’s Smart Growth Initiative and he wondered how Senator Brown could assist the Town in getting the $100,000. Senator Brown requested that he be given whatever information the Town had and he would take it from there.
Mr. McKinley inquired if Senator Brown was in a position of influencing funding for the Natick District Court. Senator Brown responded that
INTRODUCTION: SENATOR SCOTT BROWN (contd)
when that was done last year it was politically motivated. For this budget go around he would be speaking with Representative Linsky and if he didn’t do it in the House, he (Senator Brown) would do it in the Senate.
MINUTES
Mr. Hughes, seconded by Mr. McKinley, moved to approve the minutes of the January 12, 2004 meeting. The motion passed on a 4-0-1 vote. Mr. Ciccariello, Mr. Ball, Mr. Hughes, Mr. McKinley voted in favor of the motion. Mr. Connolly abstained.
AMERICAN CANCER SOCIETY: REQUEST TO HANG BANNER
On a motion by Mr. Hughes, seconded by Mr. Ball, the Board unanimously voted to approve the American Cancer Society’s request to hang a banner
across Main Street for the period of May 15-May 31, 2004 in advertisement of the American Cancer Society’s Relay For Life event.
Prior to the vote, Mr. Ball inquired if there was a policy regarding the duration for a banner hanging. Ms. Challis advised that there was no formal written policy, but in the past the Board had tried to limit permission to two weeks at a time.
Mr. McKinley felt that the Board should be sensitive if someone else came in requesting the same time period and pare this to one week. Mr. Ciccariello suggested that that be part of the approval letter.
CARA GRADY: FRANCONIA AVENUE: BLOCK PARTY
On a motion by Mr. Ball, seconded by Mr. Hughes, the Board unanimously voted to approve Cara Grady’s request to close Franconia Avenue from Overhill to Gilbert on June 6, 2004 from 11:00 a.m.-6:00 p.m. for a block party.
CITIZENS CONCERNS
a. Resolution 4 – Desecration of Flag
Middlesex Avenue resident Stanley Cohen thanked the Board for adopting his request for a moment of silence at the beginning of the agenda. After emphasizing that he was speaking only for himself, Mr. Cohen stated that he found it repugnant and offensive when some citizens show the utmost contempt of the flag and defecate and urinate on the flag. The Flag Desecration Act failed in the Senate by only a few votes, but coming up in May for the Senate’s vote was the Joint Resolution Four. He didn’t know why it hadn’t been previously approved, but he asked that the Board endorse approval of Joint Resolution 4 and notify the Town’s Senators.
Mr. McKinley requested, and Mr. Cohen provided, a copy of the resolution for the Board’s review. Mr. McKinley noted that he was personally in favor of endorsing it but would like to see a copy first.
NATICK HOUSING CORPORATION: APPROVAL OF DEED RESTRICTION
Discussion of this matter was tabled pending the arrival of Betty Fancy, President of the Natick Housing Corporation.
INTERVIEW FOR APPOINTMENT TO FIRE STUDY COMMITTEE:
a. Susan Shea
Glen Street resident Susan Shea stated that she had been a Town Meeting member, a Finance Committee member for 12 years, Chair of the Fire Ambulance Study Committee, Co-chair of the Municipal Complex Committee, and had served on a variety of other committees and boards as well as the Natick Service Council and the VNA. She had an interest in this particular topic.
Mr. McKinley moved to appoint Susan Shea to the Fire Study Committee. Seconded by Mr. Connolly and unanimously voted.
REQUEST FOR WATER BILL ABATEMENT
a. Robert Goldrick
Robert Goldrick of 82 Bacon Street told the Board that he had the misfortune of having a water problem that he was not aware of and thanked the Water Department for making him aware.
He advised that he had seen Finance Director Robert Palmer’s recommendation for an abatement of $309.55 and was very happy with the recommendation.
Mr. Ball noted that Mr. Goldrick’s house was sewered, but the leaky toilet was in the basement and it did not discharge into the sewer system. Mr. Goldrick confirmed that that was correct.
REQUEST FOR WATER BILL ABATEMENT (contd)
Mr. McKinley moved to approve a $309.55 abatement of Robert Goldrick’s February 2004 water/sewer bill. Seconded by Mr. Hughes and unanimously voted. In seconding the motion Mr. Hughes pointed out that in his recommendation Mr. Palmer indicated that the excess usage would likely impact the next bill as well. Mr. Hughes proposed amending the motion to include authorizing Mr. Palmer to make the appropriate adjustment to the next bill. Mr. McKinley accepted the amendment.
b. A.T. Computers, Inc.
The Board was in receipt of a request from A.T. Computers, Inc. of 179 West Central Street for an abatement of their February 2004 water/sewer bill.
Mr. Palmer explained that this was for a leaky water closet that discharged in the sewer and, therefore, the recommendation was for no abatement. It was his understanding that the party was notified by the Water Department and the leak was found and the problem stopped, but not until a large amount of water was used.
Mr. Connolly questioned how it was known that the water from the leak went back into the sewer system, and Mr. Palmer replied that the owner recognized that the flapper was malfunctioning and running through the toilet and into the sewer system.
No action was taken by the Board.
Mr. Ball recalled that at one point there had been discussion of setting up a subcommittee of this Board to review these abatement requests as a time saver rather than having the requests come to the Board. The subcommittee would review them and make a recommendation to the Board. Mr. Ball asked if there was any interest in pursuing the subcommittee or if the Board was satisfied that the load was small enough.
Mr. McKinley responded that he thought the system was working well and wasn’t sure how much time and energy would be saved with setting up a subcommittee.
Mr. McKinley then proposed, and the other members agreed, that a letter be sent to the DPW commending them. Two people were notified by the Water Department that they had a problem before they even knew they had a problem. That was the kind of customer service and attention to detail the Board was looking for.
NATICK HOUSING CORPORATION: APPROVAL OF DEED RESTRICTION
Betty Fancy, President of the Natick Housing Corporation, explained that the Mass Department of Housing and Community Development approved a deed restriction to keep housing affordable for units in Natick. The
deed restriction runs with the property and in the case of foreclosure the restriction was nullified. A condo in the baseball factory was taken over by the Probate Court and given back to the bank. The bank wants to keep the restriction and keep it affordable so a new deed restriction must be put in place. That was the reason she was before the Board. The Housing Corp had eight deed restrictions in Natick and all have held up for the last 12 years. When more affordable housing was built in Natick similar restrictions would be necessary if the Town wants to keep the units affordable.
Mr. Hughes moved that the Board certify that the affordable housing restriction to the Natick Housing Corporation has been approved in the public interest. Seconded by Mr. McKinley and unanimously voted.
JAVA JIM’S: APPLICATION FOR ENTERTAINMENT LICENSE
Before the Board was an application from Java Jim’s of 22 Main Street, for an entertainment license.
Representing Java Jim’s was the owner Melina Shapiro.
When asked what days of the week and hours of the day Java Jim’s wished to have entertainment, Ms. Shapiro responded Tuesday through Thursday between 8:00 and 10:00 p.m. 11:00 p.m. was closing time. Asked if there was any objection to stating that those were the hours and if Java Jim’s wanted to expand them, they would have to come back in. Ms. Shapiro’s response was, “correct”. Ms. Shapiro confirmed that there was no plan for entertainment on Sunday.
JAVA JIM’S: APPLICATION FOR ENTERTAINMENT LICENSE (contd)
Mr. McKinley noted that there was no indication that the Building or Fire Departments had signed off, and Mr. Ciccariello advised that they had not.
Referring to the application, Mr. Ciccariello questioned if Ms. Shapiro was looking for entertainment on Saturday. Ms. Shapiro replied that she was looking for Saturday afternoon from 1:00-6:00 p.m. Mr. Ciccariello then inquired as to the type of entertainment and was told by Ms. Shapiro that there would be jazz, acoustic, open mike night.
Continuing, Mr. Ciccariello asked about present capacity, and Ms. Shapiro advised that it was 52. She confirmed that Java Jim’s was restricted to a maximum of 52 occupants. Mr. McKinley noted that Java Jim’s could seat a maximum of 75, but Mr. Ciccariello stated that it was his understanding that the Board could restrict it to the 52 seats Java Jim’s currently had. Mr. McKinley asked if the applicant would accept the 52 as a condition and Ms. Shapiro indicated that she would.
Mr. Ciccariello noted that the Building Department and Fire Department had the right to inspect and based on their inspection, changes might have to be made to the facility. Mr. Hughes asked if Ms. Shapiro understood that Java Jim’s couldn’t have entertainment until the inspections. Ms. Shapiro’s response was, “yes”.
Noting that the floor plan had a stage area in the front, Mr. Ball inquired if that was where all the performances would be located. Mr. Shapiro advised that it was. Everything else would be customer seating.
Mr. Hughes noted that Java Jim’s held a common victualer’s license and asked if there was any restriction in terms of operating hours. Ms. Shapiro’s reply was, “no”.
Mr. Ball pointed out that the application said there would be no amplifiers and he inquired if that was correct. Ms. Shapiro advised that that was correct adding that she was not sure the electrical service would take amplifiers.
Mr. Ball moved approval of granting Java Jim’s an entertainment license. Seconded by Mr. Hughes and unanimously voted. Mr. Hughes clarified that the motion included that the hours of operation were Tuesday-Thursday from 8:00-10:00 p.m. and Saturday from 1:00-6:00 p.m. and the seating was restricted to 52. Mr. Ciccariello asked that the issuance of the license also be conditioned upon the final inspection of the Building Department and Fire Department.
Mr. Hughes then called attention to a letter from Attorney David DeLuca of Town Counsel’s office concerning entertainment licenses and it appeared to indicate that most common vicutaler’s license holders that had any kind of entertainment would need an entertainment license. It seemed to Mr. Hughes that the Board needed to review that everybody was being treated the same.
It was Mr. Ball’s belief that not everybody had been treated the same and that needed to be corrected. He suggested that a letter go to all holders of common victualer’s licenses, which said that if they were providing any entertainment they were required to seek an entertainment license. Mr. Hughes noted that all holders of alcohol licenses and clubs should be included.
Mr. Connolly noted that Mr. DeLuca’s letter which was addressed to the Board of Selectmen said ‘you requested an opinion’ and he questioned if that came from a particular member. Mr. Ciccariello explained that usually Town Counsel’s opinion was in response to a question raised by a member. If there was a question, generally a member would tell the Town Administrator he would like an opinion on something that he was unclear about that was coming up. Mr. Lemnios added that this opinion
was generated by an applicant who was interested in having entertainment and did not feel they needed an entertainment license and pointed out instances in Town of other establishments providing entertainment without a license.
Mr. McKinley suggested enclosing a copy of Mr. DeLuca’s opinion in the letter to the license holders and Mr. Hughes asked that the Town’s current fee structure also be included.
SUPERINTENDENT OF PARKS & RECREATION
a. BAA Funds
Superintendent of Parks & Recreation Richard Cugini reported that at their meeting of April 12, 2004 the Parks & Recreation Committee agreed to the following recommendation for the BAA funds.
Reimbursement for DPW - $3,600
Reimbursement for Fire Department - 2,250
Reimbursement for Police Department- 2,250
Recreation program Supplies - 5,000
Loker Park basketball renovation/expansion - $9,400
Mr. Cugini advised that $10,000 had been appropriated at Town Meeting for the renovation of the park. The basketball court needs repair and fit into the plan.
Mr. Hughes noted that the Fire Department overtime was about $500 more than the reimbursement being proposed. Mr. Lemnios explained that one firefighter got paid by the BAA. That left it short by about $200, but it could be absorbed by the department.
Comptroller Ruthann Cashman had provided the Board with an accounting of the BAA account, but Mr. Hughes found it to be confusing and didn’t understand if the Town was spending in a deficit or if the money was in hand from the BAA. Mr. Cugini hadn’t seen the summary. He was given a copy and after quickly looking it over, Mr. Cugini advised that it was a list of different things appropriated and not all were from the BAA. Some were gifts to the Town.
To Mr. Hughes it seemed as though there was currently almost $5,500 in funds for which there were no current plans. Mr. Cugini was unsure of the balance but thought there were some funds available from last year.
Mr. McKinley inquired as to where the document came from, and Mr. Lemnios advised that it had been produced by the Comptroller. He noted that the negatives shown on the sheet did not indicate that the funds had been expended in excess of the balance, but he would get back to the Board at the next meeting with an accounting.
If $4,300 was left that was not expended in this fiscal year, Mr. Hughes inquired if that could be used for Recreation program supplies and the 2004 funds could be used for some other need. Mr. Lemnios agreed that it would be easy to find another use for that $4,300 and he would talk to Ms. Cashman and get back to the Board at the next meeting.
Mr. McKinley moved to table until the next meeting in order to receive better information and for Mr. Cugini to look into revising the recommendation. Seconded by Mr. Hughes and unanimously voted.
b. Transportation Bids
Mr. Cugini reviewed the transportation bids received for Recreation programs in Fiscal 2005. He noted that the list submitted to the Board of Selectmen was the most qualified low bid for each of the categories. He also noted that the Recreation & Parks Commission had approved submitting those bids for the Board’s consideration.
Mr. Ball inquired if all of the vehicles had been bid by more than one outfit. Mr. Cugini advised that only one person had bid for two of the categories – Passenger Van with Town Driver/Gas for September 2004-June 2005 and Passenger Van with Town Driver/Gas for July and August 2004. Mr. Ciccariello requested that in the future where there were multiple bids that the Board be given a list. He inquired if all of the recommendations were for the lowest bid or if Mr. Cugini had chosen a higher bid because it was more qualified. Mr. Cugini advised that generally the lowest price had been picked and if there were multiple
bids with the same price, he looked at the type of vehicle, but this year none of the sections had companies putting in the same price.
Mr. Ciccariello asked about a performance bond requirement, but Mr. Lemnios advised that there were no performance bonds.
Mr. Ciccariello then asked if there were enough funds in the budget to cover the costs, and Mr. Cugini’s reply was, “yes”.
Mr. Ball was curious as to why some were “x” dollars per mile and some were “x” dollars per day. Mr. Cugini explained that for the dollars per mile, the Town supplied the driver and where the bus company
SUPERINTENDENT OF PARKS & RECREATION (contd)
supplied the driver it was dollars per day. In the case where the company supplied the van and the Town supplied the driver, Mr. Ciccariello asked about insurance coverage for the Town drivers. Mr. Cugini advised that the company’s insurance covered the vehicle and the Town was responsible for the driver.
When asked by Mr. Ball if the Recreation Department intended to use the same companies for the same services over and over or if there had been changes, Mr. Cugini responded that there had been some slight changes. There had been about four companies over the past few years. Mr. Ball stated that his concern was that the Town gets the biggest bang for the buck. He knew there was a comfort factor dealing with the same people and he wondered if any kind of effort had been made to encourage and solicit other bids which may turn out to be lower than the ones received. Mr. Cugini advised that it was publicly advertised and pointed out there was a company from Tewksbury this year.
Mr. Hughes moved to award the Fiscal 2005 transportation bids as recommended by the Recreation & Parks Commission. Seconded by Mr. McKinley and unanimously voted.
REQUEST FOR PARKING WAIVER: DEL OVO
Appearing before the Board were the owners of Del Ovo Jim Giberson and Joseph Tenerello.
Mr. Giberson referred to a letter to the Board dated April 22, 2004 that explained their concept for a restaurant on South Main Street and the need for a parking waiver. He told the Board that he understood there would not be a decision made that evening and understood that the parking was important and there was a need to identify a solution that would satisfy the Board.
Referring to the hand drawn diagram of the proposed floor plan, Mr. Ball inquired if Mr. Giberson was looking to have over 100 seats. Mr. Giberson replied that he was looking to have 100 dining seats and a small bar area on the wall closest to the bakery.
Mr. Ball found the sketch that was given to the Board to be too basic for him to count the seats. The bar and the 11 stools stood out clearly, but where the dining seats would be didn’t. He asked if Mr. Giberson wanted to open a restaurant, not a bar, and Mr. Giberson’s reply was, “absolutely”, adding that the bard would be a staging area where diners would wait or wait at the bar. The bar seating would be much less than the dining. Mr. Ball pointed out that the bar seating
was limited to 10% and commented that he would like to see a plan before moving on.
Mr. Hughes agreed with Mr. Ball in terms of granting a liquor license, but he understood that Mr. Giberson was before the Board with the plan to have a restaurant with 100 seats to have an all-alcoholic license and Mr. Giberson understood the rules and regulations. Mr. Giberson replied that that was correct. Mr. Hughes noted that the restaurant was required to have a certain number of parking spots and Mr. Giberson was here tonight to discuss the sense of the Board as to whether the Board would execute its discretion and waive the parking requirements for those 100 seats. Tonight had nothing to do with the liquor license.
Mr. Hughes inquired as to the number of parking spaces that would be required without any waivers from the Building Inspector of the Board of Selectmen. Mr. Giberson noted that the property didn’t have any at all beside the municipal spaces. There were some spaces he could rent for the restaurant staff to park, but not for customers. They did not
have any vehicle parking spaces available for them. He did not know the number of spaces that would be required.
Looking at the hours of operation, it occurred to Mr. McKinley that the challenge wasn’t the dinner hours. At that time there was probably enough parking available either around the Common or the municipal lot. The challenge would be the lunch hours. Downtown was already very congested at lunch and every other facility in that area was competing for those spaces and that would be an issue. He (Mr. McKinley) was in favor of being sensitive regarding a waiver for the dinner hours, but lunchtime would be a problem.
REQUEST FOR PARKING WAIVER: DEL OVO (contd)
Mr. McKinley continued that he was familiar with the building up to the counter and didn’t have a sense for how big it was, but his first reaction was that he didn’t believe you could get 100 customers in there. He suggested that Mr. Giberson might want to invest a little time and money designing the concept to the point of how everything would be fit in. If the restaurant could only get 60-75 seats it could change the equation and would change the liquor to beer & wine. As to the parking requirements, Mr. McKinley felt that perhaps the Board should get the Planning Board to weigh in on their thinking and on what they had required other applicants to do.
Mr. Connolly inquired if Mr. Giberson had been in the building, and Mr. Giberson advised that he had been in the building with the architect and it was felt that the space would work for the 100 seats. The liquor license was something they would like to obtain, but if they had to go below 100, they would probably still go forward with the project. Some rudimentary design work was done and some measurements taken to see if that number of seats could be housed. As to parking having had experience in the Wellesley area, Mr. Giberson thought the lunch business was not as trafficked as the dinner. He didn’t feel there would be an impact on parking would be as severe the afternoon as in the evening. He also noted that by 6:00 p.m. a lot of businesses were shut down.
Mr. Connolly commented that the building was bigger than it looked, and Mr. Giberson noted that there was an additional space on the back, which would house the kitchen. The only thing seen from the street was the front room.
Mr. McKinley didn’t understand Mr. Giberson’s remark that parking for lunch wouldn’t be so bad. He (Mr. McKinley) had tried to park downtown to go to the Bakery on the Common and had a hard time. Mr. Giberson explained that he was trying to say that it wouldn’t impact the Town as much during lunch as during dinner.
For himself Mr. Ciccariello thought Mr. Giberson needed to talk to the Building Inspector and find out what the Zoning By-Law required so the Board would have a sense of how many spaces they would have to waive or go without. He also suggested that Mr. Giberson speak with the Planning Board and do something informal with them and then come back to the Selectmen and discuss it again.
Mr. McKinley further suggested that Mr. Giberson provide a more detailed concept plan.
Mr. Hughes noted that there were a number of restaurants downtown that didn’t have any parking. Bakery on the Common only had parking for employees. In order to get a fair consideration of the parking required, he asked that the Board be provided with a list of those restaurants in Town that clearly didn’t have parking or didn’t make the minimum required.
Mr. Lemnios advised that he would work with the Planning Board to get that information. He then noted that Del Ovo was looking to get a sense from the Board of Selectmen whether or not the Board would consider a parking waiver and they wanted that sense in order to progress to the next step and investment the dollars. They (Del Ovo) recognized that the Board wouldn’t take a formal position this evening. Mr. Giberson confirmed that that was exactly correct and added that they were also looking to find out what the Board would need from Del Ovo to get a favorable decision.
Mr. Ball responded that the Board was sending Mr. Giberson back to do some homework and inquired if Del Ovo had a current commitment to a lease or if it was all predicated on what came out of the meetings with the Board. Mr. Giberson advised that there were a number of contingencies built into the discussions of the lease. The landlord was of an understanding of what he (Mr. Giberson) wanted to put there and what he intended to do with the property. The landlord had been extremely helpful in getting them this far.
Mr. Ciccariello stated that as far as he was concerned he would like another restaurant in downtown Natick and he would like an empty space getting rented as opposed to a vacant space.
Mr. McKinley agreed that a restaurant would be a nice use.
REQUEST FOR PARKING WAIVER: DEL OVO (contd)
Gary Rubin, the landlord, told the Board that he was there tonight to show support for what Del Ovo was doing. He too didn’t want an empty
space. He also noted that the space was bigger than it looked and there had never been any parking when it was Everett Auto.
Mr. Hughes stated that he was inclined to consider the waiver. The Board would run into this problem no matter what went in there and he would prefer to encourage a use the Board liked rather than end up with something that wasn’t wanted.
Mr. Rubin advised that there had been other proposals for other things and other types of restaurants, but he didn’t want to do that. He felt their (Del Ovo) proposal was the best for him and the Town.
Mr. Ciccariello asked if Mr. Giberson could get back to the Board for the May 10 meeting, and Mr. Giberson responded that he believed he could have additional information prepared by then.
RENEWAL OF LICENSES
Ms. Challis advised that all licenses up for renewal were checked by the Treasurer/Collector’s office and none of the license holders had any outstanding taxes that would affect renewal.
a. Taxi Cab
Mr. Hughes, seconded by Mr. Ball moved to renew the taxicab licenses for Natick Cab (8) and JFK Transportation (1). Unanimously voted.
b. Bowling
Mr. Hughes, seconded by Mr. Ball, moved to renew the bowling license held by Fairway Sports World. Unanimously voted.
c. Billiards
On a motion by Mr. Hughes, seconded by Mr. Ball, the Board unanimously voted to renew the billiard license held by the American Legion (2 tables), Owen O’Leary’s Restaurant & Brew Pub (2 tables), Amvets (2) tables.
d. Junk Dealers
On a motion by Mr. Hughes, seconded by Mr. Ball, the Board unanimously voted to renew the junk dealer license held by Long Jewelers.
NATICK ARMY LABS: PRIVATIZATION OF CLEAN UP
Mr. Lemnios advised that he became aware last week that there was a proposal being moved forward by the Department of Defense across the country relative to the manner in which the Department of Defense would cleanup any military installations that may have hazardous waste on them. In the Board’s packet was a proposal relative to the manner in which the RAB would function and the role it would play going forward. The administration was going through the document to discern what privatization of the cleanup would do relative to cleanup. The local representative contacted him to set up a meeting and that would be done shortly.
Mr. Hughes noted that the operative language was in Section 6 on page 16 at the top, which indicates procedures for the dissolution of a RAB. That was a new criteria for when a RAB could be dissolved and that concerned him. It meant very little, if any, community representation with a private company doing it.
Mr. Ciccariello thought there was a committee, but Mr. Lemnios advised that there had only been one meeting the in the last six months. Mr. McKinley suggested that perhaps concern should be expressed to the Board’s representative that there hadn’t been a meeting in 5-6 months. Mr. Ball, however, stated that he understood from RAB chairman Marco Kaltofan that the committee had met much more frequently than that. He (Mr. Ball) echoed Mr. Hughes’ concerns about the dissolution and he thought even the base would acknowledge that the community representation had been valuable to them.
Mr. Hughes suggested having the Town’s representatives advise the Board as to what’s going on.
Mr. Ciccariello noted that there was some talk about closing the Labs down. He suggested that a letter be sent to the Town’s representatives on the Board’s strong feelings about keeping the base open. Mr. McKinley concurred, but felt that the Board should find out the status.
NATICK ARMY LABS: PRIVATIZATION OF CLEAN UP (contd)
Mr. Hughes proposed inquiring of Representative Markey or Senators Kennedy or Kerry what the current discussion was and how far along it was.
Natick Center Associates Director Steven Greenberg noted that there was an ongoing process and the Board’s involvement was very important. No one knew what would happen and it was very important that the voice of the Board of Selectmen be heard. It helped the last time and he believed it would help again. Mr. Greenberg offered to provide what information he had to Mr. Lemnios.
Mr. Ciccariello asked Mr. Lemnios to pursue and draft a letter for the Board’s review.
SEWER BILLING UPDATE
Mr. Hughes reported that pursuant to the Board’s request he had met with two of the three individuals that the Town was aware of who had been receiving sewer service and not paying for it. Subsequent to that meeting, it was discovered that there were possibly seven other individuals in Town with the same circumstances. It was then determined that one shouldn’t be on that list. Letters were sent by the Deputy Town Administrator and an offer was made to meet with him (Mr. Hughes) on April 29 and he (Mr. Hughes) would then bring back their suggestions to the Board.
Mr. Hughes continued that the position of the two individuals he met with seemed to be that the Town made a mistake in not billing them and they shouldn’t have to pay for the service they received for a number of years. They were being billed going forward. Mr. Hughes said he hoped to present a proposal for the Board’s consideration at the next meeting.
Mr. Ball inquired if there had been any consensus about what position should be taken with respect to billing back. Mr. Hughes didn’t think there was, and added that there was a letter from Town Counsel John Flynn indicating that he thought the Town could go back. Mr. Flynn wasn’t sure how far the Town could go back but suggested six years. He (Mr. Flynn) didn’t think the Town could charge interest and penalties for any back billing. Mr. Hughes advised that there had been some
discussion of an amnesty program and one individual heard that as saying that everything was going to be forgiven. There was some discussion of a percentage and some discussion about making a different charge to persons who come forward as opposed to individuals who the Town had to go out and find or giving people some period of time who thought they were getting the service and not paying to come forward.
SELECTMEN’S CONCERNS
a. Mobil Gas Station
Mr. Ball noted that the Board had received a release abatement plan from the environmental consultants dealing with the clean up of the former Mobil gas station on Route 9. He requested that a copy be forwarded to Peter Golden.
b. Boston Athletic Association – Boston Marathon Contribution
There was an acknowledgement of a letter from the Town of Framingham thanking Natick for taking the initiative in securing additional compensation for the towns along the Boston Marathon route.
c. Auto Max Complaint
Regarding Robert Raisch’s complaint, Mr. Ball advised that he spoke with Community Development Director Sarkis Sarkisian and apparently the problem gets fixed and it gets bad again. The last time it was discussed Mr. Sarkisian was asked to come and tell the Board what’s going on and he said it was all settled, but apparently it wasn’t. Mr. Ball wondered what could be done to address this issue once and for all as he was very distressed that something like this couldn’t be put to bed for more than a month or two at a time.
Mr. Hughes noted that Mr. Melchiorri would have to make out a complaint for a violation of the Zoning By-Laws.
Mr. McKinley commented that he was with Mr. Ball and noted that Mr. Lemnios and he (Mr. McKinley) had a conversation about someone taken to court for parking his landscape truck in his driveway. The Building Inspector took that individual to court and the individual hired an
SELECTMEN’S CONCERNS (contd)
attorney and took the Town to Appeals Court. The individual’s position was if the Town was going to pick on him, it needed to pick on everybody. If the time and effort can be found to pick on people like that, why can’t this mess get cleaned up?
Mr. Ciccariello noted that he was involved in this over two years ago and thought it was taken care of. The Building Inspector suggested putting the fence up and Mr. Raisch indicates that it (fence) was put up without a permit. Mr. Ciccariello suggested that he set up a meeting with Mr. Sarkisian, Environmental Compliance Officer Robert Bois and the Building Inspector Michael Melchiorri to see if some headway could be made on this.
Mr. Lemnios advised that he had asked Mr. Melchiorri to prepare a memo and it would be available for the packets for the next meeting. As to some of Mr. Raisch’s complaints, the issue of trash being thrown around was the Board of Health’s. The fence Mr. Raisch referred to was a gate put up, and as soon as the Town received a complaint of cars for sale a call was made and the cars were removed within 24 hours. Mr. Lemnios stated that he would discuss this at tomorrow department heads’
meeting. Mr. Ciccariello felt that the Town needed to get the owner of the property involved in addition to the tenant.
d. American Legion’s Appeal
Mr. Hughes inquired if there had been any response to the Town’s motion to dismiss the American Legion’s appeal to the ABCC. Mr. Lemnios informed the Board that he was aware of none.
e. Resolution Against Desecration of the Flag
Mr. McKinley moved that the Board send a letter to Senators Kennedy and Kerry suggesting they support Resolution 4 or by return mail indicate why they would not support.
Mr. Ball noted that he hadn’t had a chance to read the resolution and didn’t feel comfortable voting on it.
Mr. Hughes stated that he hadn’t formed a position and added that he didn’t think it was appropriate to vote on things that were raised at citizens concerns and not on the agenda. He didn’t think it was a good way to operate and a bad precedent to set – not just on this issue, but any issue. He would be happy to put it on the agenda.
The Board voted unanimously to put Resolution 4 on the agenda.
f. Human Services Director
Mr. Connolly noted that Human Services Director Gwen Kermode had told him that she was done (working for the Town) at the end of the month, and Mr. Lemnios confirmed that as being correct. When asked if Ms. Kermode’s position had been dissolved, Mr. Lemnios advised that portions of that position had been transferred in part to the Council on Aging staff and in part to the Veterans’ agent.
g. Natick Armory
Mr. Ciccariello informed the Board that now that the HOOP had passed there was an extension on the Armory auction and the Town had six months until October 26, 2004 to develop a master plan and pursue some dollars from the state.
ADJOURNMENT
The meeting was adjourned at 9:00 p.m.
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Charles M. Hughes, Clerk
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