HomeMy WebLinkAbout2003-02-10 Board of Selectmen Executive Minutes ^ BOARD OF SELECTMEN EXECUTIVE MINUTES FBRUARV 10, 2003
EXECUTIVE SESSION: The Executive Session convened at 10:00 p.m.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis;
Wendy Wakeman; Donald Stewart; Susan Haltmaier; Mark Rees, Town Manager; Ray Santilli, Assistant
Town Manager and Town Counsel,Thomas Urbelis.
Pending Litigation: Rocket Entertainment.
Thomas Urbelis Town Counsel gave an update of the recent meeting on January 29, 2003, between the
Thomson family, their attorney Tom Mackie, Mark Rees and Attorney Kimmell. The Thomsons said that it
was critical to get the support from the Board of Selectmen before submitting an application for the
recycling/trash facility to the Board of Health. The Thomson stated that as a possible alternative, the
Board of Selectmen could issue a public statement of neutrality on the matter, saying they neither oppose
nor support the trash facility and would not intervene at the Board of Health hearing. Town Counsel also
suggested arranging a preliminary meeting with the Board of Health where they could present their
proposal and gauge the initial reaction from the Board of Health members. The Thomsons said they
would consider this alternative.
Town Counsel recently had another conversation with Attorney Mackie. He said that after the entire
family met, they decided to file a new application for the adult use business. He said they are confident
that at some point the business would be allowed to open, whether approved by the Board of Appeals or
ordered by the Court. He said that although there is strong sentiment from some family members for the
transfer station, they also decided, at this time, not to go before the Board of Health for a preliminary
hearing/meeting to discuss and get feedback on a new transfer station because they do not want to
spend resources to do what they see as a futile effort without some form of public voice or support from
^ the Board of Selectmen for the concept of such a project.
Attorney Mackie said that six years ago the Board of Selectmen took a very active role to stop and
prevent the progress of the trash/transfer station application. Because of that, along with a strong
message from an environmental group in Town, the Board of Health made a political decision and denied
the application through discretionary factors. A Court of Appeals would have gone either way to approve
or disapprove the application.
The Thomson family suggested that the Town Manager also ask members of the Board of Health if they
would consider a site visit to the New Bedford Trash/transfer station, which the Thomson family would use
as a model of their facility. The Town Manager did ask Dr. MacMillan. He seemed open-minded to this
suggestion and would be accompanied by Attorney Kimmell. This would not be a violation of the open
meeting law.
The question arose as to whether the zoning could be changed in the future to prevent other landowners
on Holt Road from building adult entertainment facilities. Thomas Urbelis said that he would investigate
to see if a zoning by-law was necessary for a change.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to adjourn the Executive Session
meeting at 10:45PM. Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson,Administrative Secretary
.00W\