TOWN OF KINGSTON BOARD OF SELECTMEN. OPEN SESSION MINUTES November 15, 2016

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1 TOWN OF KINGSTON BOARD OF SELECTMEN OPEN SESSION MINUTES Chairman Elaine A. Fiore called to order the meeting of the Board of Selectmen at 6:00 p.m. in Room 200 at the Town House, 26 Evergreen Street, Kingston. Also present: Vice Chairman R. Lindsay Wilson II, Susan T. Munford, Sandra D. MacFarlane, and Jean M. Landis-Naumann. Announcements. Ms. Fiore announced This meeting is being recorded by PACTV. Anyone intending to make an audio or video recording of this meeting should notify the Chair at this time. WATD notified the Chair. The Town House and non-emergency Town buildings will be closed on Thursday November 24 and Friday November 25 for the Thanksgiving holiday. After the 6:05 p.m. public hearing, Ms. Fiore also announced that she has signed Treasury Warrant dated 11/8/2016 in the amount of $132, , and she thanked all who were involved with the hosting of the 2 nd annual Veterans Day event at the Senior Center. Open Forum. Paul Gallagher, Town Clerk, provided voting statistics and a summary of the election process for the November 8 election. Ms. Landis-Naumann spoke regarding the recent presidential election results and a call for change, the true democratic form of practice in Kingston, and public participation in deciding upcoming important issues for the Town of Kingston. Public Hearing - Petition for Joint or Identical Pole Locations from Verizon New England Inc. and NStar Electric Compnay d/b/a Eversource Energy to locate one new pole 214/8.5 on Station Street approximately 37 northerly from existing pole 9. 6:05 p.m. Ms. Fiore opened the public hearing by reading aloud the public hearing notice and the list of notified abutters. Barry Maffini addressed the Board, stating that he works for the company that has been doing right-ofway work for Verizon. He said this pole request is related to a new solar farm installation. Ms. Fiore called for public comment; there was none. Upon a motion made by Ms. Munford and a second by Ms. Fiore, and a vote, it was VOTED: To close the public hearing. Upon a motion made by Mr. Wilson and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: That the Order for Joint or Identical Pole Locations be adopted, granting to Verizon New England Inc. and NSTAR Electric Company d/b/a Eversource Energy the location for, and permission to erect and maintain, a pole and its respective wires and cables as requested in petition dated October 13, 2016: to place one joint owned pole, 214/8.5, on the westerly side of Station Street at a point approximately 37 northerly from existing pole 9, said point being approximately 472 northerly from the centerline of Westerly Avenue, as shown on plan No (revised) dated October 4, 2016 and attached to the petition.

2 Approval of : October 27 and November 1, 2016 open sessions. Upon a motion made by Mr. Wilson and seconded by Ms. MacFarlane, and a vote (Ms. Munford abstained), it was VOTED: To approve the October 27, 2016 open session minutes as presented. The November 1 minutes were not presented. Financial Assistance Application for one resident transfer station sticker. Upon a motion made by Ms. Munford and seconded by Ms. Landis-Naumann, and a vote, it was VOTED: To approve the Financial Assistance Application presented, in the amount of $ for one FY2017 residential transfer station sticker; to approve the transfer of the sum of $ from the Arthur F. Wadsworth Fund to the Solid Waste transfer station sticker sales account; and to refer the applicants to the South Shore Community Action Council for financial counseling. Public Hearing (continued from 9/20/16 and 11/1/16) - Application of High Pines LLC, 144 Country Club Way, Kingston, MA 02364, for an Earth Removal Permit to remove in one phase 50,000 cubic yards of sand and gravel offsite, from 4.8 acres, on a site owned by High Pines LLC., Assessors Map 65 Lot , for the purpose of constructing Eagle Drive (off Country Club Way). Requested hours of operation are Monday-Saturday 7:00 a.m. to 4:30 p.m. 6:15 p.m. Attorney Michael Kenneick, Town Counsel, was present. Upon a motion made by Ms. MacFarlane and seconded by Ms. Fiore, and a vote, it was VOTED: To reopen the public hearing continued from November 1, Ms. Fiore summarized the status of the hearing. She reported that the applicant has met with the Fire Chief, and the Chief s concerns regarding the earth removal permit application have been satisfied. Rick Grady, of Grady Consulting LLC and representing the applicant, addressed the Board. He reviewed his letter to the Board dated November 11, 2016, and commented on the following items: the meeting with the Fire Chief; the project site s exemption from filing with NHESP or MESA; alternative site construction and grading; the surety requirement; the proposed truck route; hours of operation; and the applicability of MGL Chapter 40Section 21(7). Based on the statute, Mr. Grady questioned whether the applicant even needed to come before the Board. He stated that they nevertheless are willing to work with the Board. Ms. Fiore asked to discuss the letter from Attorney John Flemming and the issue of whether or not Country Club Way can be used for the purposes proposed tonight. Fred Tonsberg, owner of the applicant High Pines, LLC, reviewed a utility easement, deed and another document and asserted that the applicant has the proper authority to use the roads. Attorney Kennefick reviewed the letter and thinks that while it may have potential application to future issues, this Board cannot deny the earth removal permit based on the letter. Ms. MacFarlane stated for the record that the Board considered Attorney Flemming s letter, the letter cannot be considered, and there is documentation saying that the applicant has the right to use the roads for this purpose. 2

3 Ms. MacFarlane stated that she does not want any truck traffic on the Elm Street bridge. Mr. Grady agreed and noted the misstatement in his letter. Discussion followed regarding hours of operation and the Indian Pond Country Club s Friday schedule. Ms. Fiore asked Mr. Tonsberg if he followed up and met with the neighborhood as was discussed at the November 1 hearing; Mr. Tonsberg replied that he met with one individual. Ms. Landis-Naumann, Ms. Munford and Mr. Wilson questioned Mr. Tonsberg regarding his failure to meet with the neighborhood. Matt Lanza, 162 Country Club Way, stated that the Indian Pond association has been dormant but that doesn t mean that the neighbors are not still getting together. He thought it was agreed at the last meeting that Mr. Tonsberg would meet with them on the overall plan for the neighborhood. Mr. Tonsberg stated that tonight has nothing to do with the O Brien property. Ms. Landis-Naumann stated that the neighbors she has spoken with are frustrated with changes that have been done without public hearings and by minor modifications. She asked Mr. Grady and Mr. Tongsberg a series of questions regarding the property s slope, drainage, and elevations. Ms. Landis-Naumann would like to find a way to reduce the amount of gravel to be trucked off site; Mr. Tonsberg said that he tried and this is the best he can do. Discussion followed regarding the number of trucks per day. Paul Armstrong, Inspector of Buildings and Zoning Enforcement Officer, stated that the plan before the Selectmen was approved by the Board of Appeals, so the Selectmen s decision should be limited to earth moving techniques. The applicant did not ask the ZBA for a waiver of the earth removal by-law s application, so he thinks the applicant is subject to the by-law. Ms. Fiore called for public comment. Matt Lanza, 162 Country Club Way, stated that he knows the scope of the permit hearing is limited, but he is concerned with the big picture. He requested town support in getting Mr. Tonsberg to meet with the neighbors. Mr. Lanza summarized the number of minor modifications reviewed and approved by the ZBA that he considers to be major. Bob Miller, 132 Country Club Way, stated that he has two issues. First, in terms of timing, he would prefer an 8:30 a.m. start time due to the number of school-aged children and buses. Second, in terms of longer-term plans, he sees a pattern of Mr. Tonsberg bypassing notification to neighbors via collective minor modifications. At the last meeting, the Board directed him to meet with the neighbors, and he did not do so. Ms. Fiore stated that a resident who has concern with trucking hours and truck frequency has submitted a letter detailing truck trips. Ms. MacFarlane said that she does not recall the Selectmen taking into account school buses during her tenure on the board. Discussion followed regarding traffic, the proposed route, and the property s proximity to the elementary school. Mr. Wilson volunteered to assist with facilitating a meeting between Mr. Tonsberg and Mr. Lanza. Mr. Tonsberg stated several times that he does not have anything to provide to the neighbors regarding the O Brien property and he does not envision any more minor modifications. Mr. Miller agreed to be the neighborhood contact in lieu of Mr. Lanza. Ms. Fiore requested Mr. Miller to provide his contact information to the Selectmen s office. Upon a motion made by Mr. Wilson and seconded by Ms. MacFarlane, and a vote, it was VOTED: To close the public hearing. 3

4 Mr. Wilson moved to grant the permit application with hours of operation of Monday through Friday 7:30 a.m. to 5:00 p.m. with a condition that a public forum be established prior to the end of the year by mutual agreement and that the record show Mr. Tonsberg s commitment to provide written notice of any future minor modification requests to the ZBA. Ms. Fiore seconded the motion for discussion. Discussion followed regarding school buses, hours of operation, the noise by-law, the truck route and the surety. Mr. Armstrong commented on the noise by-law and the basis for calculating the amount of the surety. Attorney Kennefick discussed the limitation on conditions that can be placed on the approval. Upon a motion amended by Mr. Wilson and seconded by Ms. Fiore, and a vote, it was VOTED: To approve the application of High Pines LLC for an Earth Removal Permit for the purpose of constructing Eagle Drive (off Country Club Way), by the removal in one phase of 50,000 cubic yards of sand and gravel offsite, from 4.8 acres, on a site owned by High Pines LLC, Assessors Map 65 Lot ; to set the approved truck route as Country Club Way-right on Brook Street (Rout 80)-right on Main Street (Route 3A) for approximately eighty-five (85) percent of trucks and as Country Club Way-left on Brook Street (Route 80)-left on Elm Street (Route 80) for no more than approximately fifteen (15) percent of trucks; to set the hours of operation as Monday through Friday 7:00 a.m. to 4:30 p.m. with on-site truck loading only permitted on Saturdays (no truck traffic); to set the permit fee at $0.25 per cubic yard; tally sheets are to be turned in to the Building Inspector, and checks to the Town will be provided monthly for the previous month; and the required surety shall be in form of the applicant s choice of either cash deposit or bond satisfactory to the Board of Selectmen in the amount to be determined by the Building Inspector and shall be furnished by the applicant prior to the granting of the permit. Additional mandatory conditions set forth in Articles 12 and 13 of Chapter 12 of the Town of Kingston General By-Laws (Earth Removal By-Law) will be attached to the approval and included in the permit. The meeting recessed at 7:50 pm and reconvened at 7:54 p.m. Kingston Affordable Housing Trust trustee interviews/appointments. Kathy LaNatra, a Kingston resident, introduced herself. She stated that she is a realtor, and she also is on the Community Preservation Committee and the Recreation Commission. She became interested in the Trust as a result of her CPC involvement. Upon a motion made by Ms. MacFarlane and seconded by Mr. Wilson, and a vote, it was VOTED: To appoint Kathleen LaNatra to Affordable Housing Trust for a term expiring November 1, Debeigh Forbes, a Kingston resident, introduced himself and stated the he also is a realtor. He reviewed his experience with Habitat for Humanity and Cranberry Area Hospice. He said he understands the responsibilities and does not foresee any conflicts of interest. Both Ms. LaNatra and Mr. Forbes stated that they understood when they would need to recuse themselves. Upon a motion made by Mr. Wilson and seconded by Ms. Munford, and a vote, it was VOTED: To appoint Denbeigh Gus Forbes to the Affordable Housing Trust for a term expiring November 1,

5 Ms. MacFarlane stated that she wants a monthly report from the Trustees. Ms. Fiore stated that a selectman also is required to be a trustee. Ms. Landis-Naumann volunteered for the position. Upon a motion made by Ms. Fiore and seconded by Mr. Wilson, and a vote, it was VOTED: To appoint Denbeigh Gus Forbes to the Selectmen s seat on the Affordable Housing Trust for a term expiring November 1, Hilltop Athletic Association, Inc. liquor license Change of Manager request. Brian Miller, the proposed licensed manager, introduced himself. He stated that he has 35 years experience in retail management and 2 ½ years experience as the assistant manager at Hilltop. He is TIPS certified. Upon a motion made by Mr. Wilson and seconded by Ms. MacFarlane, and a vote (Ms. Munford abstained), it was VOTED: To approve the application for Change of Manager from Linwood Hess to Brian J. Miller for Hilltop Athletic Association, Inc. at 65 Pottle Street, subject to the approval of the Alcoholic Beverages Control Commission. Comments to MassHousing on Site Eligibility Letter for Tall Timbers Phase V 40B application. Tom Bott, the Town Planner, opened the discussion, stating that the document before the Board is not a 40B application but a request for a site approval letter, which is the first step of the 40B process. Mr. Bott reviewed the developer s application, including the site s South Street location, the proposal for 8 threebedroom affordable units and 24 three-bedroom market rate units, and the proposed road layout. Mr. Bott would have preferred to see the interior road as a through road and not two dead ends. Mr. Bott discussed incorporation of some design elements from the Master Plan. He has asked department heads to prepare comments for submission to MassHousing by the December 1 deadline. Discussion followed regarding all proposed units being three bedroom units but the town s need being for smaller units under its housing plan; proposed drainage areas; the site s access point off of South Street; and there being too many units for only one point of ingress/egress which is on a dangerous curve and in proximity to another curve. Mr. Bott stated that a traffic study is not required. Paul Armstrong, Inspector of Buildings and Zoning Enforcement Officer, commented on the difficulty of finding people to qualify for a one or two bedroom unit. The consensus of the Board was to send one letter from the Board to MassHousing with all of the departments letters attached, and to prepare a draft letter for approval at the November 29 meeting. Waxy s Kingston, Kingston Collection Request for three-hour early opening (8:00 a.m.) on Black Friday (November 25, 2016). Donald Chabot, the General Manager for Waxy s, was present and requested a three-hour early opening on Black Friday. Upon a motion made by Mr. Wilson and seconded by Ms. MacFarlane, and a vote (Ms. Munford abstained), it was VOTED: To approve a one-time, single-day change of hours for Waxy s Modern Irish Bar, 101 Kingston Collection Way, for Friday, November 25 th. Hours of operation for that day only will be 8:00 am 1:00 am. This change will be permitted only if food service begins immediately upon opening at 8:00am Town Administrator performance review/fy17 Goals and Objectives. Mr. Fennessy was unable to attend tonight s meeting. The consensus of the Board was to schedule a future special meeting to discuss only these two items. 5

6 Town Administrator s Report. Ms. Fiore stated that Mr. Fennessy was planning to talk about the FY2018 budget as part of his report tonight. Ms. Fiore reported that Mr. Fennessy has met the Town s by-law requirement, and he has a very high level estimate that he can detail at another meeting. Mr. Fennessy has not reported any significant new needs. Right now, assuming a level school budget and level health insurance costs, the tax increase may be less than two percent. Ms. MacFarlane reported the Police Station Building Committee is continuing to meet. It is reviewing a list of Town-owned properties, almost all of which right now appear to not be feasible for siting a new police station. Adjourn. Upon a motion made by Ms. Landis-Naumann and seconded by Mr. Wilson, and a vote, it was VOTED: To adjourn. The meeting adjourned at 8:43 p.m. Respectfully submitted, Laurie A. Zivkovich Assistant to the Town Administrator/Board of Selectmen Approved: November 29, 2016 Documents used at the meeting: 1. Agenda 2. Suggested motions 3. Treasury Warrant announcement 4. Station Street Pole public hearing notice and hearing packet 5. High Pines, LLC/Eagle Drive earth removal permit public hearing notice and packet; letter dated November 11, 2016 from Grady Consulting, LLC; letter dated November 9, 2016 from John B. Flemming; from Thomas Bott regarding preferred truck routes; letter dated November 14, 2016 from Suzanne and Grant Richards 6. Kathleen LaNatra volunteer form; Denbeigh Gus Forbes volunteer form 7. Change of manager application from Hilltop Athletic Association, Inc. 8. Draft minutes October 27, 2016, open session 9. from Robert Fennessy re: 40B Tall Timbers Application in Kingston 10. Financial Assistance Application (redacted) 11. from Waxy s re: Black Friday Request for Change of Hours 12. Town Administrator Goal and Objects from Jean Landis-Naumann 6

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