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HomeMy WebLinkAbout1982-03-22 Board of Selectmen Minutes March 22, 1982 360 , The Selectmen's meeting was convened at the High School Auditorium due to an expe~d crowd for the hearing on an applioation for a common victualer license for McDonald's. ~Approximately 125 people were present with all 5 selectmen in attendance. . · Chairman Thomas McEvoy moved to accept the warrant as submitted, so MOVED. Chairman Thomas McEvoy moved to go into ~he licensing commission fo~ the McDonald.,,s hearing. so MOVED. Licensin~ Commission Application for Common Victualer License - McDonald Cor~ration .... !, · Chairman, Louis DiFruscio indic-----~ted he would ark for a spokesperson for McDonald's., a~.spokes- person for the opposition, and then would welcome other speakers. Attorney Clifford Elias, representing McDonald's referred to G.L. Ch.ap. 140, Sec. 6and right to deny or approve a oommom victualer license by the Licensing commission. ~e' s~ated that plans have been filed with the Licensing Board as requested, and spoke of McDd~{ald S attributes, including the Ronald McDonald house, and the corporations, willingness with a oommunity. Mr. Elias remarked that the McDonald Corporation will generate' between $12,000 and $15,000 in property taxes for the community and $50,000 in meals taxes-:for.,,the Commonwealth. He added that McDonald's will employ 70 to 75 people. Mr. Elias the~,s~b~ mitred to the Board, some petitions favoring the granting of the license and stressed .that McDonald's only learned of the availability of the parcel not more than 7 Weeks' earller. Mr. Elias said that it would be a colonial style building and listed some of the ~t~,.ings which the corporation would'be willing to do to make the area a safe and attractive'one, such as, treesl stockade fence, etc., and a sidewalk along Chickering Rd; from W~l~e~~ Rd?~ He proposed that directly across the street from the overpass, which outflows bntohWalker~ Rd,.~,, .McDonald's would be willing to construct a walkway or footpath or whatever the, Selectmen propose, and will construct whatever the state requires in the way of a traffic light~or~, · such. Attorney Marcia Brobkelman, representing Brookside Condominiums, submitted to the Licensing Board a letter with attached specifications that she asked to.be met'if.,~he~: Licensing Board grants the license, although they are in strong Oppositlon tO i~.::, i; ' ,' 1). That the single ground sign allowed by the zoning by-law shall be illuminated; ~hiY,. . when the facility is open for business, and that said lighting shall be a, steady-'* stationary light of reasonable intensity, directed solely at the sign; and that rig.internal light or neon or gas-filled tubes be alloWed. 2 ! ~% 2). ',That any roof sign be unilluminated > ', ' ' 3). That any permanent or temporary outdoor area lighting be steady, station~ary sheilded so that the light source is not directly visible beyond the lines of .th. si., 4). That a chain-link fence or other comparable'unclimbable fence, at least eight (8') feet in height be erected on all sides of the premises except that whicl{:~rd~t~' directly on Chickering Road; and that a living hedge, which shall be twelve (12') feet in height or as high as the tallest outside light, whichever 2s :h~gher, 'be planted on .the outisde of said fence sotthat the fence is not visible from the:., outside of the premises. .~ .. ,,4 ~'. 5).That the hours be limited - from 7 a.m. to 10 p.m. Sunday' through Thursday, ~and , from 7 a.m. to 11 p.m. on Friday and Saturday. 6). That the 'dumpster be enclosed. , .. 7). That a private duty police officer be on duty at all times, and that two'private duty police officers be on duty at peak hours, one to direct traffic~and2the 'other to keep order. 8). That the McDonald Corporation provide not only adequate trash containers' on i~s%~grounds, but also provide a daily litter pickup within three hundred (300) yards of its.~pr ,emises in all directions, including the high school grounds and the adjacent bro°k~.~an,d that it will Provide the materials and labor, at least monthly, to paint out th~"'g"raffi%i on the bridge which is already an eyesore and which would undoubtedly inorease.,. , 9). That no exterior eating tables be allowed. 10). That delivery and trash pickups at the premises be limited to its regular..,open-f~r-. business hours. , . . 11). That a blinking traffic signal be installed at McDonald's expense at the ,l~ntersect, lon of' Chickering Rd. and Walker Rd. 12). That any permit be subject, before final issuance, to both an architectural and land- scaping revzew. ' 13).That any permit be subjeot to any applicable regulations in the Massachusetts mental Policy Act. ;;':! Attorney Brookelman cited several court cases where a co~mon victualer license was,~9t ..issued, and stressed that according to G.L. Chap. 140, Sec. 2, the license need not be grante.d if it is' not for the public good. Attorney Brockelman reiterated on the contents of 2 letters received by the Licensing Board from the School Committee and the Chief of Police. In C°nclusio~, ~he urged the Board not to grant the license as it is not for the public good. Several citizens voiced their opposition to the granting of the license including Mal Norwood who said that the Housing Authority rejected- this parcel for an elderly .housing unit because of the safety hazard. Mr. Pelletier noted that the entrances to the High Schoo!../%ave. not. been used because Of the safety hazard on Chickering Rd., and produced a news article' (aken from the LawTence Eagle Tribune, dated May 3, 1980 which showed an accident at the proposed location involPing a tn?uok and 3 oars. Len Degnan felt that a McDonald's at this location would.'cause tardiness, at ~h'e High School. Jim Bradley cited.the DPW's standing with regard to a p~destrian light 'at the time when ~Pleasant Street and Park Street were made one way~ and Mary Beth Crowley March 22, 1982 cont. said that she is concerned about the increased traffic flow. 361 Mr. Richard Bendetson, spokesperson for the Walker Rd. Condominiums, said that in reference to Mr. Elias' suggestion on installing some sort of walkway along Walker Rd., that Walker P~. is private property. Mr. Harry Millian, owner/operator of the Merrimack Valley Motor Inn, voiced his concern with keeping kids out of the pool belonging to the Motor Inn. John Caron questioned thel:0wner of the parcel, Mr. Follonsbee, about the proposed office park which was the basis for re-zoning this parcel at town meeting, and that Mr. Follonsbee at that time assured the townspeople that there would not be a fast food restaurant sited there. ~electman Charles Salisbury reminded those present that the purpose of this hearing is to grant a common.'victualer license and that the townspeople would have nocontrol over what · goes there, otherwise. Mr. Salisbury then asked Mr. Follonsbee for a complete picture of his development plans for the property. Mr. Follonshee said that he still intends to develop the second parcel, but added that he has no intention of putting an auto body shop or a gas station there, because he felt it is too expensive a site to warrant that type ¢~ busimess. Mr. Salisbury added that he would feel more comfortable tabling the issuance of the license ~ntil more information is obtained on the parcels in question. Attorney Elias then replied that McDonald's option will run out very soon relative to the front parcel, and when it does, both parcels will be developed as one piece. Mr. Joyce noted that if McDonald's is not sited there, then Mr. Follonsbee has the option of splitting the two parcels into four. Based on all information at hand, Mr. Joyce felt that 'the community's best option was to go with McDonald's. Selectman Cohn..Graham felt that the safety hazards clearly overrides the advantages of granting this license. In addition, Mr. Grahamfelt that the Board should not vote to put a McDonald's there, because of fear of what else could be sited there, and recommended denying the license. Selectman Thomas McEvoy stated that McDonald's Corporation is willing to contribute to the community, and he further.felt that'McDonald's could not be any more detr/mental to the community than anything else which Mr. Follonsbee could site there. Based on the information presented, Mr. McEvoy MOVED that the license be granted. Mr.-Joyce proposed an amended motion: Itlis the intent of the Licensing Commission to issue aCommon Victualer License to the McDonald Corporation, subject to the following conditions: 1). That Attorney Marcia Brockelman and Attorney Clifford Elias, along with the Merrimack Valley Motor Inn and Meadowview Apartments submit to the Licensing Board, what they want' for screening from the view of the abutters, i.e. fences, bushes, trees, etc., around the perimeter of the parcel. 2). That Attorney Clifford Elias, on behalf of McDonald's ~ubmit to the Licensing Board a plan showing the intersection of Rt~.' 125 and Walker Rd. with precise intersection .improvements proposed by McDonald!s., 3). At-this-time, and for all the time that McDonald's operates, they agree to maintain the grounds in a clean and orderly fashion and agree to do so within 300 feet (300'). 4). That an off duty police officer be posted at the site during the hours of 2 p.m. and 4 p.m. for every day that school is in session and on Friday and Saturday evenings for the firs= 6 months of opera~ion. At the end of that period, the matter will be reviewed, particularly to examining the geometrics as to whether it will become a hang-out. 5).Th~t~ signalized traffic control light be installed to the specifications of the DPW at the intersection of Chickering Rd. and Walker Rd. 6). That any further requests outlined by Atty. Brockelman!s?.letter~.~hihh?~ave~m0t~lre~y been outlined by this motion, be resubmitted to the Board by agreement between both ~attorneys and that the abutters be invited to participate in these negotiations. 7). That McDonald's comply with the State Sanitary Code. 8). That McDonald's comply?with the Building Code. 9). That any negotiations between Mr. ELias and Mrs. Brockelman and the abutters which canno= be consummated, be brought before the Licensing Board for negotiations. Selec~an Thomas McEvoy agreed to accept the amended moti~h proposed by Mr. Joyceand the Board subsequently VOTED 4 to 1 in favor of the intent to issue with Selectman Graham opposed. Licensing Commission reconvened at Town Hall at 9:30 p.m. Transfer of Licquor License from J. J. Boyle's to Aquarium Restaurant Mr. John McGerry, attorney representing Mr. Lopez, cited Mr. Lopez' business attributes and presented to the Board some notices to the abutters of the property and a voter's statement. Mr. Ed Scanlon from the Board of Health said that they have not received communication from Mr. Lopez as requested, and suggested that they discuss the present septic system with the Board of Health befo-e the Licensing Board issues the license. Mr. Scanlon added that presently, the property only has a holding takn, which is illegal in Massachusetts. When questioned why this condition existed with J. J. Boyle's, he replied that it~was being pumped out twice a day and the Board of Health was hopeful that an article would pass at town meeting, which would warrant running additional sewer systems out Rte. 125, and hesitated putting 80 people out of work. Mr. McGerry said that arrange- ments have been made with contractors to pump i= out on a daily basis. Mr. Joyce motioned to: It is the intent'of~the~Licensing,~Boardcto issue ~the lic~nse.subject~to.comp!iance t with the Board of Healthl. ~Seconded by Tom 'McEvoy. Mr. McGerry offered apologies to the Board and offered to meet with the Board of Health as soon as possible, but asked the Licensing Board to consider voting onkthelissuanoe of the license, rather than just on a notice of intent, and could then physically withold the license from them if they have not complied with all the requirements of the Board of Health and the Building Dapartm~nt. March 22, 1982 continued 262 Mr. Scanlon emphasized that an engineer would have to perk the property, and that it is unclear whether there is sufficient property to allow for a leaching field. The previous motion was withdrawn and Ralph Joyce motioned to: Transfer the license from J. j. Boyle's to Acquarium Restaurant, but that the doors to the restaurant not be opened until the Licensing Board receives a letter from the Board of Health stating that they are in compliance and that they do not take physical posession of the license until such time. Mr. McEvoy seconded the motion, i !,..~.. ~ .., . ~:.~,,~ ,,,.. [.. Mr. McGarry then introduced Mr. Jim Curtis, attorney representing Leland Properties, bidders at the foreclosure, and announced that at the closing, they will deduct the proper amount and pay the back taxes up to date. Mr. McEvoy proposed to add to the previous vote that the license will be held until the back taxes are paid. so VOTED unanimously. ~ erated mac~ing from the K of Association S~1~ ~--~-~ ~---- O ; mou~oneo to issue the license to the K of C. Seconded by.[Ralph Joyce and so VOTED unanimously. John Graham reiterated his concerns about the lack of a policy limiting the number of machines" that are licensed. It was agreed to put this on the next agenda. A lication for 1 coin o erated machine for Cahoots, Inc. Thomas McEvoy motioned to grant the license. Seconded by Ralph Joyce and so VOTED unanimously. ~chine for Captain Pizza ~lem hang-out for children. Motion was seconded and passed by a 4 to 1 vote with Mr. Graham opposed. After a great deal of discussion about policy for granting these licenses, Mr. Graham MOVED to reconsider the previsou motion. Motion was not seconded. The.~ldministrator reminded the Board that the Board does have a written policy which calls for licenses to'considered on a case by case basis. £ur _video wes Phoenix East Aviation/Lawrence A representative from the Phoenix East Corporation, stated that-~he 2 machines requested would be used for students in the flight training school and only for the personal use of Phoenix East and would be located.behind a counter in an area used on by Phoenix East. Mr. Robert Morris was present and said that his company, Holding Pattern Restaurant, has also applied for a license for 2 video machines, which is on the agenda for the followln week. A some ~iscus~ion, Ralph Joyce motioned to deny the li~e~se w~thout pr~.~' ' ~e~ Sec~nde~t~ Charlle Sallsbury and so VOTED uan~nmously. The Admln~strator was dir ontact the airport manager and ask for his recom=~endations f6r policy f~~ the airport." ActinE Secret~ry ............ C,therine Foley-/~,~ lark ,~ Board of Selectmen March 22, 1982 contlnued ~~ Designation.of Special Municipal Emplo ee The Chairman read a requested opinion fromAttorney Donald Smith concerning the designation of special municipal employees. Attorney Smith stated that the 1963 vote of the Board Of Selectmen designating all the part time employees and officials of the town, excluding the Selectmen and Town Counsel, was still a valid vote. Therefore, by virtue of this previous vote, Mr. Roberts has already been designated as a special municipal employee and no additional vote is necessary. If Mr. Roberts wants to write insurance coverage for the town, he only has to sign a written statement with the TownClerk indicating his interest in the contracts. The Board unanimously VOTED to receive the letter. ~ointment-Ron Pollone Selectman Graham MOVED to accept~the~letter and table action on until the next meeting. Seconded by Tom McEvoy and so VOTED. ~.ubm_it_ ~e. est to Civil Se~_~ice fo_r a royal of psychiatric/ps cholo ia ' The Administrator reporte-~ to ~h~ ~~o,~ia~_~c~e~ng p~n ~ ~u~ ~o re]ec~ any of the police candidates for psychological disorders, it will be necessary to have our screening plan first approved by Civil Service. The procudure for getting a~plan[approved are spelled out in Civil Service regulations, and our present psychologist has an approved plan filed for other communities he is presently serving. The board VOTED unanimously to submit the proposed plan to Civil Service for approval. Voke School Bud et The Administrator reported that he had a conversation with the superintendent'of the Yoke School concerning their school budget request for fiscal year 1983. The proposed spending plan%calls for a 9.2% increase. But due to the fact that they anticipate a reduction in state aid this year, our assessment is proposed to go up 95%. The Superintendent indicated that they had received numerous request from various representatives to include several programs in the bddget, which is what the school committee has done. The superintendent was implying that he expected an outcry from the member communities concerning the budget and that there would be some type of political concensus to cut out some of the programs which have been requested be reinstituted. The administrator indicated that where all the other communities are bound by the spending limits of 2%, the regional school should abide by the same restrictions, and that we should be focusing on their spending plan, and that the spending pland should not increase by more than 2%. The Chairman read a letter received from the Town of Methuen which included a resolution opposin~cthe yoke school budget and asking for our support. ~a~ch 22,.___1982 continued Ralph Joyce motioned and seconded by Louis DiFruscio and was VOTED unanimously to write the Voke school and the Town of Methuen indicating our position to the proposed budget. Selectman DiFruscio also brought up the subject of a recently reported contract involving the yoke school. He made a motion that we obtain a report from our representative from the yoke school concerning said contract. Motion was seconded and VOTED unanimously. Letter from Town of Spencer Concerning the conduct of a Judge The Board received a letter from the Board of'.Selectmen in the Town of Spencer, asking us to join them in their request to the Governor to have Judge Joseph Mitchell, Jr. removed from the bench for his judicial indiscretion~ in prematurely releasing a convict who shot and crippled two Spencer policemen 10 years ago. Although the Board felt very sympathetic to the request, without knowing all the facts, they felt it inappropriate to ask the Governor to remove the judge, and therefore, it was unaimously VOTED to write to all our representa- tives including Governor King to request a full investigation in the matter. Citizen Articles to Acce~t and Repair Highlandview Ave. Articles were received to accept and repair Highlandview Ave. The Administrator reported that there was insufficnet time to adjudicate the street at this time and that the Highway Surveyor stated that he would have some problems accepting the street in its current condition. It was unanimously VOTED to reject the articles and so notify the petitioner~' Reconsideration Requests for Street Lighting The.Board acted on the following requests to reconsider removal of said lights: 1). Johnson Street - Pole #1341 - requested by Ruth Nelson. VOTED to remove the light 2). Osgood Street - Pole #948 and 949 - requested by Joseph Haggerty. VOTED to retain light #949 and remove #948. 3). Harkaway Rd. - Pole #996 - requested by Robert Vernon and others. Because this light was located at a fire hydrant, Selectman Joyce recommended that the next pole down be removed rather than this one, and it was so VOTED unahimously that pole #4443 be removed. 4). Foster Street - Pole # - requested by Joseph Lynch and others. Selectman Joyce indicated that there were 3 poles right in a row in this area and that this middle light was not justified. It was unanimously VOTED to remove said light. Bill regardin9 the MDC The Board received a letter from representative Hermann informing the Board that the MDC has a bill in the legislature requesting authorization to draw water from the Merrimack River. The Administrator recommended that we write in opposition to the bill inasmuch as there is a~question as to the capacity of the river for the abutting communities, nevemmind the MDC. It was unanimously VOTED to write to all representatives in opposition to the bill. Articles for Town Meeting 1) Maintenance Man- the Administrator reported on the need to hire a~maintenance man for town properties, and recommended that the Board include an article for this town meeting. Selectmen Graham and McEvoy questioned the need for the position and were concerned with the fact that we already had 3 different part-time janitors. The Administrator reported that although we do have janitors for several of the buildings, the fact is that we have no competent maintenance man for maintenance projects on any of the buildings and that with a new senior center, there will be a need for janitorial work there which is presently not covered. After considerable discussion, it was motioned by Joyce and seconded by DiFruscio that the Board include an article for a maintenance man and that he be responsible for maintenance for all the town buildings and for janitorial work at the new senior center and community center. The motion carried 3 to 2 with Selectmen McEvoy and Graham opposed. 2) Rem0ve.3Chiefs from Civil Service - The Board reviewed a report from the Administrator outlining the procedures for removing both positions from Civil Service and the advantages and disadvantages in doing so. The Administrator also recommended that the alternative procedure for the selection and removal process for the chiefs would be the new local by-law if it passes at town meeting. Because the procedure for removing the Fire Chief's position was much more complex, and because the Board expects to appoint a new Fire Chief soon, the discussion focused primarily on the Police Chief and whether we should go ahead with the removal of this position. After some discussion, it was unanimously VOTED to submit an article to remove the Police Chief's position from Civil Service, with the understanding that if the alternative (the local personnel by-law) does not pass at town meeting, then the 'Board would have to reconsider pushing for the removal of the Chief's position.., ¸3) 'Gas Pumps - The Community Development Director reported that with the construction of the senior center behind the town building, it will be necessary to remove the gas tanks and pumps belonging to the Fire Dept. Rather than relocating these behind the town building at a considerable expense, he recommended that the town purchase new metered gas pumps for the town garage. In this way, all the town departments could use these pumps and everything would be metered. It was unanimously VOTED to include the article. 4) Furnishing Equipment for Senior Cents.r.- The Community Development Director reported that presently they have funds only to cover the cost of the building and not for furnishings. Although the Council on Agihg 'had applied to the Mass. Dept. of Elder affairs for funds to help furnish the center, the application was not funded. A final figure o~.~at it would cost to furnish the center is not available, however, the architect has given a preliminary figure of approximately $30,000. Selectman Graham raised some concerns about voting on these money articles without having a handle from the Advisory Committee on just how much money is available, and what projects have been approved, and what have not been approved. It was unanimously VOTED to table action on this article until the Board met with the Advisory Committee. 5) Personnel Board Articles - The Board received two articles from the Personnel Board, one calling for the new local personnel by-law, and the other for staff and expenses for the new personnel office. The Board unanimously VOTED to accept the article for the warrant. Adjourned at 11:45 p.m. ' Acting Secretary, Catherine Foley ........................