BOARD OF SELECTMEN & SEWER COMMISSIONERS’ MEETING
AGENDA

Room 126
December 29, 2008
5:00 PM

I. CITIZENS’ CONCERNS
II. PUBLIC HEARINGS AND APPOINTMENTS
1. 5:00 CLASS I & II CAR DEALER LICENSE RENEWALS
ISSUE: Renewal of Dealer Licenses for 2009
2. 5:10 SCHOOL STREET FIELDS
ISSUE: The Town Manager will detail the request for action regarding the fields
III. SELECTMEN’S BUSINESS
3. OTHER BUSINESS
IV. CONSENT AGENDA
None Needed
V. EXECUTIVE SESSION
There will be a need for Executive Discussion to discuss Middlesex Retirement issue
ADDITIONAL INFORMATION
Enclosed please find additional correspondence that is strictly informational and requires no Board action.
FUTURE AGENDAS
To facilitate scheduling for interested parties, the following items are scheduled for discussion on future agendas. This is not a complete agenda.
DECEMBER 1 & 15 JANUARY 12 & 26
MINUTES PENDING VOTES
September 15, 2008, Joint Boards Meeting
November 17, December 1 and 15, 2008
PENDING COMMITTEE APPOINTMENTS
Elizabeth J. Payne, Volunteer Coordinating Committee (VCC), her materials have been forwarded to VCC for processing
Iiia (Alex) Kurenkov, VCC has interviewed him for several boards. They are waiting until Alex chooses what committee he would like to serve on
Carl Campagna, Commission on Disability, COA, and Cable. His application has been reviewed and the Town Manager will appoint him shortly
Joseph lanelli, EDO, his application has been forwarded to VCC for processing
Richard Calandrella, EDO, his application has been forwarded to VCC for processing

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BOARD OF SELECTMEN AND SEWER COMMISSIONERS’ MEETING
December 29, 2008

Acton Town Hall, Room 126
5:00 P.M.

Present: Lauren Rosenzweig, Paulina Knibbe, Andrew Magee, Terra Friedrichs, Town Manager Ledoux, Recording Secretary; Christine Joyce. The meeting was~~teIevised.

CITIZENS’ CONCERNS
None.

OPERATIONAL MINUTE
None.

CHAIRPERSON’S REPORT
None.

SELECTMEN’S REPORTS
-None.

PUBLIC HEARINGS & APPOINTMENTS
CLASS I AND II DEALERS LICENSES
ANDREW MAGEE - Moved to approve the Class I Licenses in compliance as listed in the Motion Document, omitting Acton Suzuki as they have a 30 day license to January 31, 2009 which was voted by the Board of Selectmen on December 15, 2008.PAULINA KNIBBE- second.
UNANIMOUS VOTE

ANDREW MAGEE - Moved to approve Class II for dealers listed on the Motion Document. PAULINA KNIBBE- second. UNANIMOUS VOTE.

Terra Friedrichs Entered the meeting at 5:05

SCHOOL STREET FIELDS
Steve updated the Board on the lease process to get additional acreage at the School Street Fields. The State wanted conditions and mitigation for the agricultural soils. They worked to write a one-year license that would morph into a 10-year lease. There are issues that have not been negotiated at this time and they will be worked out in the lease. Andy noted that this is part of the Article 97 Lands which took three years to get passed. PAULINA KNIBBE – Moved I to approve. ANDREW MAGEE - second. UNANIMOUS VOTE.

SELECTMEN’S BUSINESS
OTHER BUSINESS
Wetherbee Realty, 107 Great Road. The building is not in compliance with site plan and the building tenant is in there without an occupancy permit. Leo Bertolami wants a Ternporary Occupancy permit and have Acton Survey prepare a site plan before the 23~of January. The Board discussed that they could grant a temporary Occupancy Permit to the tenants, the Terrain folks. Steve said we need a solid timeline and assurance that the Site Plan will be filed.

Lauren was comfortable with at Temporary Occupancy Permit and that it has certain fixed timelines to address the issues of building set-back, the outdoor air conditioner unit, the additional impervious pavement and the road to the house.

Terra prepared to vote not to approve unless the letter says New Site Plan, not amended site plan

Paulina spoke about the tenant and is inclined try to retain the business.

Scott said this all came up when they asked for the As Built Plans. He noted that the new zoning regulations allow building on the side line a zero setback. Counsel warned that if we introduce a Temporary Occupancy Permit, we may not be able to get them out.

Paulina said if it looks like we can bring into compliance we could vote it. Scott said he thinks that it can be done.

He is violation and we need to issue him fine for being in violation. Andy asked about the zoning change.

Andy suggested an extended notice to evict be sent to notify the tenant – we are aware you are in the building without Ocupancy Permits but that also signaled that we are open to resolving the issue prior to the tenant having to leave. To that end, you have sixty days to make arrangements

Andy suggested we should not have to accornodate Mr Bertolami’s mistakes.

Lauren wanted to know how to proceed and should there be a large fine assessed until he is in compliance.

Lauren asked that we phrase it as an eviction or extension of Occupancy Permit.

Terra asked about a violation fee for the Occupancy Permit. Extension of the Eviction is a solution for this day. We don’t want to be pinned down by Bertolami. Paulina said we need to address these problems separately. She said we could be accommodating to the tenant but we want to set up a system that has a consequence for anyone who violates. Extending the tenant eviction and saying that we are sorry, now it is up to your landlord to fix this.

Andy suggested that we tell the tenant we will try to resolve this. We need to put the timeframe out long enough that this process

The Board had many questions at this meeting, and asked that Mr. Bertolami be invited January 12 meeting at 8:55, to have him talk about his situation.

We will want an independent review of the site plan a peer review. Andy wants this peer review and to have the applicant pay a reasonable fee for independent review of a plan. Andy suggested we do this. It was felt that we require a new site plan for the site on Great Road.

ANDREW MAGEE - Moved to extend the eviction notice to Terrene Sustainable to March 31, 2009. TERRA FRIEDRICHS - second. UNANIMOUS VOTE.

Ask Leo in to discuss his schedule of compliance and a discussion. The Board asked Scott Mutuch to look into zoning-related fines that will be assessed and discussed on the 12th of January

Lauren suggested that we need to send two letters, one each to be issued to tenant and Bertolami, the later to discuss the fines for coming into compliance. The Town Manager will draft them.

CONSENT

EXECUTIVE SESSION
ANDREW MAGEE - Moved that the Board enter into Executive Session to discuss Middlesex Retirement case. Roll Call taken, All Ayes. The Board will adjourn into Regular Session only to adjourn.

Christine Joyce, Recording Secty Andrew D. Magee, Clerk