Board of Selectmen Minutes

Board of Selectmen Minutes for: 06-11-2012
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Board of Selectmen
Minutes of June 11, 2012 – 6:00 P.M.
Selectmen’s Meeting Room
Falmouth Town Hall

Board of Selectmen
Present: Kevin Murphy, Chairman; Brent Putnam, Vice-chairman; David Braga; Mary Pat Flynn; Doug Jones

Absent: None

Others present: Julian Suso, Town Manager; Heather Harper, Assistant Town Manager

Chairman Murphy called the meeting to order at 6:04 with a motion and second to go into Executive Session for the purpose of discussing Pending Claims and Litigation – Wind Turbines, and return to Open Session.

Roll call vote: Kevin Murphy (Chairman) Aye
Doug Jones (not present for vote)
David Braga Aye
Brent Putnam Aye
Mary Pat Flynn Aye

Chairman Murphy re-convened the meeting at 7:06 with the announcement that the Open Session was continuing from Executive Session, following a roll call vote. He invited all present to recite the Pledge of Allegiance.

Murfslix, Inc. d/b/a Murphy’s Package Store, 303 Main St., Falmouth – Request for Change of Location to 410 West Falmouth Highway, West Falmouth
Kevin Murphy disclosed that he is the holder of an all-alcoholic seasonal on premises liquor license. He proceeded to read the Liquor License Hearing notice aloud. Attorney John McLaughlin spoke on behalf of the applicant, Mr. Jeffrey, saying that the request was for change of location only, not hours of operation. Chairman Murphy said that the Fire Dept. and David Carignan had provided documents claiming no objection, but that the Bldg. Dept. needed a site plan clarifying the location of parking spaces associated with the business. There was some discrepancy over the number of spaces in the lease. Chairman Murphy accommodated residents who had attended by allowing them to speak, despite the likelihood of a continuance due to the missing site plan. Public comment appears below:
• Nancy Hayward – opposed due to unacceptable traffic issues, unsafe parking space location, and late hours
• Debra Siegel – opposed due to dangerous traffic and the propensity for accidents on that stretch of Rt. 28A (calling the area “bumper car square), litter caused by package store clientele, and noise from a near-by ball field caused by excess drinking
• Gustatta Collins – opposed due to inadequate design of traffic and parking areas, access to which are blocked by delivery trucks, lack of maintenance and resultant trash build-up, and overall bad lay-out
• Steve Davis – opposed for same reasons as above, focusing on lack of safety for children in the area, and loitering and who will deal with it
• Christine Lorrey – opposed due to concerns of safety from traffic, especially from Rt. 28A and Brick Kiln Rd.
• Maureen Harlow-Hawkes – opposed due to traffic concerns and the danger of having cars back out onto Rt. 28A, the question of the appropriateness of a permit for a package store, or any, business with these traffic concerns, and the need to address them with the Planning Board and Bldg.Dept. (Chairman Murphy said that the Board’s purview does not include the scope of the license – the location is a legal one.)
• A resident who lives on W. Falmouth Hwy (name unintelligible) – opposed due to a dumpster in the area and odor, and that a liquor store is not a good location for a residential area
• Phil Murphy – asked for a continuance, claiming he is still the owner in that he has not received all his money from the sale of the property from Mr. Jeffrey
• Dan Shearer – neither opposed nor in favor, but said that the area needs to be re-organized by the Building Dept to better and more safely accommodate business

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Selectman Putnam raised the issue of what is within the Board’s purview. Chairman Murphy read aloud a document from Town Counsel addressing this issue, saying that the Board should have answers to these questions before rendering a decision to avoid the state’s overturning the license later. He said that the applicant needs to sit down with the Bldg. Dept. to work out the issues of parking and traffic patterns, and to resolve the issue of who owns the property. Selectman Flynn re-iterated the discrepancy in the lease re: the number of parking spaces, and agreed with addressing the concerns about parking and traffic flow. Motion by Mary Pat Flynn: To continue this hearing until July 16. Second: Brent Putnam Vote: Yes – 5 No - 0

Anchor Ale House, 100 Davis Straits, Falmouth – Entertainment License - Request for Change of Hours
Kevin Murphy disclosed that he is the holder of an all-alcoholic seasonal liquor license.
Ken Kaprielian, owner, spoke in favor of the request to extend the hours of the entertainment to coincide with his liquor license, saying that the patrons leave when the entertainment leaves.
Public comment appears below:
• Robert Cunha - opposed, referring to a letter from his father Daniel citing an incident on March 31 involving the police; asked for a continuance so his father could be present
• Vince Simonelli – opposed, claiming the music is loud after 11:00; cited two instances of calling the police due to noise after 11:00, two calls on 3/31 and one on 6/8
• Ken Medeiros – opposed, claiming never having been contacted as the owner said he had done; cited the loud music (karaoke); wanted to know what the Board was going to do about it
• James Santiago (the disc jockey) - in favor, claiming that the times the police came they found no problem; said he controls the volume of the music; said the owner had done nothing wrong
The Board continued to discuss this issue, raising questions about the police reports and if any were filed, the apparent violation of an 11:00 entertainment license, the newness of this license and that it has not yet encompassed the summer season, and the business’s location in a residential area. Mr. Kaprielian responded, claiming that noise is subjective, that the opponents’ claims are unfounded, that any noise is slight, that he has been Town since 2007, and that what the Board is doing is unfair to him. The Board reminded Mr. Kaprielian of the stipulations of his license, which include no amplification of music, heard or not, and that entertainment after 11:00 p.m. is in violation of the license, which Mr. Kaprielian admitted he had done. They re-iterated their need to obtain police reports of any noise complaints, and said that it is best for an applicant not to get indignant with the licensing body.

Motion by Mary Pat Flynn: To deny the request for change of license to extend the hours Second: Brent Putnam Vote: Yes – 5 No – 0

Sign Hearing – Bad Fish Sign, 80 Davis Straits, Falmouth – Request for Appeal of Order to Remove
Randy Masters and Chris Parisi spoke in favor of the request. Mr. Masters provided a summary of the issue outlined in a letter to the Board dated June 4, 2012. At issue was whether or not the bait sold by the business could be classified as perishable, thus determining the need, or not, for a variance for the use of a sandwich board sign. A discussion of the definition of the term perishable, and what actually falls into that category, followed, with the Board offering input on what should determine perishability. The Board raised the issue of who is responsible for defining the term, and what items then qualify to be identified as such. The issue of proximity to the store entrance was also mentioned, since the entrance of the business is approximately 100 feet from the street, which would require a variance, regardless of the perishable designation. Heather Harper clarified that the building commissioner defines the term perishable.

Motion by David Braga: To approve the variance to allow the sign to be placed where it is Second: Mary Pat Flynn Arthur Calfee, Chairman of the Design Review Committee, said that the word itself hold the key to the definition: anything capable of rotting away is perishable. Mr. Calfee said that his committee had agreed that bait was perishable, and had said the business could have a sandwich board sign. The issue of a variance due to placement still remained. Chairman Murphy said that the variance would apply to both issues—the perishable definition and the sign placement—because the Eladio Gore has ruled that bait is not perishable.

Brian Anderson, owner of Teaticket Market, passing out a document to the Board, referred to not only the “elusive definition of perishable,” but also the issue of prohibiting the use of brand names on signs. He provided facts
regarding his having been cited for such use, while at the same time, noting 98 similar usage violations around town.

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He said business owners need a clear sign code law that they all understand, and consistent enforcement. He suggested prohibiting brand names on a sign was a free speech issue, and said he was here to “get advice for business people.” Selectman Braga suggested raising this issue with the by-law review committee.

Returning to the motion, Selectman Jones clarified that all the stipulations of the sandwich board sign would have to be met, except being limited to perishable, and being limited to 15 feet from the main entrance. Selectman Putnam expressed reservations about the action the Board was considering, due to conflicting information. He offered a definition of perishable as something requiring refrigeration.

The motion as re-stated: To issue a variance both for the term perishable and the distance from the front door Vote: Yes – 4 No – 1 (Brent Putnam)

Chairman Murphy, at this point, asked Julian Suso to meet with Mr. Gore to find a way to work through the problem and avoid a rush of applications for variances. Mr. Anderson also asked what he should do in response to a letter he received telling him to remove the brand name sign or be fined. Chairman Murphy said he had no authority to advise action, but could only say that a meeting between the town manager and the building commissioner will occur. The Board continued to comment on the issue and its complexity, and the danger of sending confused messages to the public. Chairman Murphy said that a future agenda item addressing the issue was possible, but that the action taken was to approve a variance, not define a word.

Vote to Affirm Appointment of Susan Ripley as Falmouth Town Treasurer
Julian Suso spoke in favor of the appointment, praising Ms. Ripley for her work, and citing her many accomplishments in the post since assuming it in June of 2010, among them, meeting all federal and state deadlines for debt payment, clean audit reports, updating the tax title process, not the least of which was saving the town $730K. Mr. Suso said that it has been a pleasure to work with her. Selectmen Braga and Murphy also spoke of Ms. Ripley’s contributions to the town.

Motion by Mary Pat Flynn: To affirm, with pleasure, the appointment of Susan Ripley as Falmouth Town Treasurer Second: David Braga Vote: Yes – 5 No – 0 Ms. Ripley thanked the Board for the appointment, as well as those who have helped her, namely, the Town of Yarmouth and Sue Harvey, who works with her day to day.

Vote to Approve Community Preservation Committee Projects
Peter Clark provided a quick history of the process behind the projects. Patti Haney then presented some details of the first project-- a grant application for 55 Stephens Lane, for the rehabilitation of the property to be sold to a first-time homebuyer whose income will not exceed 80% of the AMI (area mean income). She mentioned some of the work necessary on the property, such as water in the basement, mold removal, and lead paint. She also referred to the LAU process and that the project schedule will need CPC approval. The Board asked about grant vs. loan, and if there is any say re; the monitoring agent, which Ms. Haney said can be worked out with the developer. Motion by Doug Jones: To approve the grant agreement for 55 Stephens Lane between the Town of Falmouth and The Resource, Inc. Second: Brent Putnam Vote: Yes – 5 No – 0

The second project, 20 Shore St.. is a loan for the renovation of the property for three rental units to be rented to people whose incomes do not exceed 60% of AMI. The rent would be set at $924 per month, Ms. Haney said. She said that it would be deed restricted in perpetuity. This property required the approval of the Falmouth Historical District. Michael Galasso, project manager with TRI, also provided information on this property. The agreement is also contingent upon getting the proper zoning. Peter Clark clarified a point on one of the documents in the Selectmen’s materials.

Motion by Mary Pat Flynn: To approve the loan for 20 Shore Street Second: Brent Putnam
Marc Finneran (public comment) voiced concern over the action, saying he knows of others who have been trying to buy the property but have been kept from doing so. He questioned the offering of expensive real estate as affordable housing., offering a high dollar figure per bedroom. Nancy Hayward (public comment) mentioned the interest of the

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CPC in historical preservation, and that the location of this property places it in the Shore St. historic district. She said it was good for business. Peter Clark clarified that the per-bedroom figure offered earlier was in error.
Vote: Yes – 5 No – 0

Selectman Flynn said that Patti Haney would not be interviewed for the CPC position because she was appointed by the Falmouth Housing Authority, not the Board of Selectmen.

Vote to Adopt Resolution of Support for Teledyne Instruments, Inc. Expansion Project
Attorney Bob Ament provided informative background information on the project, posting a map on the wall for reference. He mentioned the need for a land-use vision map, and that municipal certification had to be obtained. He said that the project was properly located and would not stress the town’s infrastructure. He said the town should be proud that Teledyne was located here, that it would provide good jobs, and thanked Julian Suso and Brian Currie for their assistance. The Board voiced its support for the project.

Motion by Brent Putnam: That the Board of Selectmen has reviewed the application for a Hardship Exemption under Section 23 of the Cape Cod Commission Act of Teledyne Instruments, Inc. for its proposed construction of up to 44, 850 square feet of new commercial space to be located at 49 Edgerton Drive, Falmouth and hereby votes and resolves that, pursuant to Section ED 1.3 of the Cape Cod Regional Policy Plan, revised May 20, 2011, the proposed location is consistent with both the goals o the Town’s local comprehensive plan as well as the town’s capital facilities and infrastructure planning. Second: Mary Pat Flynn

Nancy Hayward (public comment) expressed concern over the land use vision map issue, cautioning that avoiding the Cape Cod Commission is not always a good idea. Selectman Flynn clarified how the land use vision map was best used. She also provided some background on the property and its history. Vote: Yes – 5 No - 0

Vote to Authorize the Town Manager to Proceed with Requests for Proposals for Little Pond Storm Water and
Eric Turkington, Chairman of the WQMC, informed the Board about the background of this item, saying these were the last two RFPs that Town Meeting 2011 had asked the committee to pursue. He said the RFPs would allow the WQMC to come back with “real numbers” re: nitrogen mitigation. He said the draft CWMP would be presented next month. In response to a question by Selectman Braga, Mr. Turkington said that precisely which type of eco-toilet(s) to pursue will be advised by the consultants. Motion by Mary Pat Flynn: To authorize the Town Manager to Proceed with the RFP for Little Pond Stormwater Second: Brent Putnam
Vote: Yes – 5 No – 0

Motion by Mary Pat Flynn: To authorize the Town Manager to proceed with the RFP for Eco-Toilets Second: Brent Putnam Vote: Yes – 5 No - 0

Committee Re-appointments:
Affirmative Action Committee, Affordable Housing Committee, Agricultural Commission, Board of Assessors, Beach Committee, Bikeways Committee, Building Code Board of Appeals, Cape Cod Water Protection Collaborative, Cape Light compact, Coastal Pond Management Committee, Community Preservation Committee, Constable, Council on Aging, Cultural Council, Design Review Committee, Commission on Disabilities, EDIC, Energy Committee, Forest Warden, Human Services Committee, Inspector of Animals, Port Council – SSA, Couth Cape Beach Advisory Committee, Substance Abuse Commission, Board of Survey, Town Building Committee, Town-wide Safety Committee, Traffic Advisory Committee, Upper Cape Regional Water Supply Cooperative, Veterans Council Committee, Water Quality Management Committee, Waterways Committee, and Certified Weighers-Cape Cod Aggregates, Certified Weighers Upper Cape Transfer Station and Certified Weighers Wastewater Treatment Facility
No comments had been received during the week of being posted on the website.
Motion by Doug Jones: To approve all committee re-appointments as read into the record last week Second: David Braga Vote: Yes – 5 No - 0

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Interview, Vote and Appoint Committee Members:
--Board of Health (regulatory board incumbent) – Gail Harkness, the current Board of Health Chairman, provided the BoS with information regarding her wide range of experience and extensive credentials qualifying her for the position. She said she is the only member on the board with medical background. She re-iterated her strong interest in disease prevention and health-related issues. Dr. Harkness said she has thoroughly enjoyed serving on the BoH. The Selectmen thanked her for her service and praised her for her enthusiasm and commitment.
Motion by Mary Pat Flynn: To appoint Dr. Harkness to a 3-year term ending 6/30/15 Second: David Braga Vote: Yes – 5 No - 0

--Historical Commission (regulatory board incumbent) – Nancy Hayward Vice-Chairman of the Historical Commission, said she enjoys serving on the commission, and provided details of projects she has worked on. She said she would like to continue the work, and is seeking a 3rd re-appointment. When asked by Selectman Putnam about the reduced size of the commission from 7 to 5, Ms. Hayward said that a 4-person quorum is better than 3, but she has accepted it. Motion by Mary Pat Flynn: To appoint Nancy Hayward to another 3 year term Second: David Braga Vote: Yes – 5 No - 0

--Community Preservation Committee (regulatory board incumbent)
Ken Buckland provided the Board with examples of what he’s done since serving. Re: defunding the CPC, Mr. Buckland spoke about the commitments in place under the CPA, opportunities for new funding, and the need to develop an educational program. Re: education, Mr. Buckland mentioned outreach articles and surveys. He also said we need to expand our recreation facilities, including beach amenities. Motion by Doug Jones: To appoint Mr. Buckland to a 3-year term on the CPC Second: David Braga Yes – 5 No – 0

Marc Finneran (public comment) cautioned people about the wasteful nature of the CPC.

--Recreation Committee (incumbent)
David Watson provided background to the Board, including his being a teacher at East Falm. Elem. School, having served on the committee for a year and a half, and his experience working in the recreation field.

Brian Coyne said he has served for 6 years already, wished to contribute when coaching became too time-consuming while raising a young family, and spoke about some of the projects the committee has been involved in. He also serves on the Golf Advisory Committee.

Sandy Cuny, Chairman of the Recreation Committee, spoke favorably about each candidate, saying that she was supporting their re-appointments. She said she has spoken with Rich Rogers, whom she called an excellent candidate.

Motion by Doug Jones: To put all names in nomination Second: David Braga Vote: Yes – 5 No – 0
Roll call vote: Doug Jones: Watson and Coyne
David Braga Watson and Coyne
Brent Putnam Watson and Rogers
Kevin Murphy (Chairman) Watson and Coyne
Mary Pat Flynn Watson and Coyne

Selectman Jones issued an invitation to Mr. Rogers to attend Rec. Committee meetings and apply again in the future. Chairman Murphy announced the re-appointment of David Watson and Brian Coyne to the Recreation Committee for terms expiring 6/30/15.

--Zoning Board of Appeals (new applicant)
David Haddad, currently an associate member, provided examples of what he has done thus far while serving. He said he goes on site visits, has an open-mind, has not missed a meeting, and lauded the friendly atmosphere of the board when dealing with applicants. He said he tries to take the abutters into account in decisions, but always tries

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to put the town first. He would be willing to continue to serve as an associate member. Motion by Mary Pat Flynn: To take it under advisement Second: Brent Putnam Vote: Yes – 5 No – 0 Chairman Murphy praised the initiative of Selectman Flynn and the work of Diane Davidson in setting in motion this process of committee appointment.

Approve Minutes of Meeting – June 4, 2012
Motion by Doug Jones: To approve as written Second: Mary Pat Flynn Vote: Yes – 4 No – 0 Abstain – 1 (David Braga)

Approve Executive Session Minutes, and Vote to Release, Not Release, of June 4, 2012
Motion by Mary Pat Flynn: To approve but not release Second: Doug Jones Yes – 4 No – 0 Abstain – 1 (David Braga)

Approve Executive Session Minutes, and Vote to Release, Not Release, of April 30, 2012
Motion by David Braga: To approve but not release Second: Brent Putnam Vote: Yes – 3 No – 0 Abstain – 2 (Mary Pat Flynn and Doug Jones)

1. Approve Request for Special One-Day Liquor License – Naukabout Music Festival – Barnstable County Fairgrounds – 8/11/12
2. Approve Request for Special One-Day Liquor License – Rotary Club – Pops Concert & Fireworks – Barnstable County Fairgrounds – 8/11/12
3. Approve Request for Special Event – Autumn Escape Bike Trek – 9/28/12
4. Approve Request for Road Closure – Parsons Way, One-Way – Waquoit Congregational Church Bazaar – 7/13 – 7/14/12
5. Approve Request for Wedding Permit – Gabrielle Latournene – Surf Drive – 8/25/113
6. Approve Request for Special One-Day Liquor License – Susan Stivaletta – 9/1/12
7. Approve Request for Special One-Day Liquor License – Cape Cod Conservatory – 6/26/12
8. Approve Request for Wedding Permit – Susan Taoto – Bristol Beach – 6/30/12
9. Approve Request for Special Event – Falmouth Art Market – Marina Park – Fridays, 7/6 – 8/10/12
10. Approve Request for Special Event – Laughter Yoga – Marina Park – Mondays, 7/9 – 8/27/12
11. Approve Request for Special Event – Falmouth Firefighters Local 1397 – Fundraiser – 6/20/12 – Old Silver Beach

Kevin Murphy provided a blanket disclosure that he is the holder of an all-alcoholic seasonal liquor license.

#s 1, 2, 3, 4, 5, 7, 10, and 11 – Motion by Mary Pat Flynn: To approve Second: David Braga Vote: Yes – 5 No – 0

#6 – Due to questions regarding the request and state law requirements, the Board took no action. The office will try to work with the applicant.

#8 – Due to regulations in the Beach Use Policy, the requested hours could not be approved. Chairman Murphy asked the office to work with the applicant to try to come up with alternatives.

#9 – Due to questions about the goods offered for sale and the history connected with this event when it was located on Main Street, the Board took no action. The office will try to find out more from the applicant.

Proclamation – Thursday, June 14, 2012, as Andrew J. McCann Day
Brent Putnam, an Eagle Scout, read the proclamation aloud. Motion by Brent Putnam: To proclaim Thursday, June 14, 2012, as Andrew J. McCann Day Second: Mary Pat Flynn Vote: Yes – 5 No – 0

Town Manager’s Report
Julian Suso announced the strategic planning retreat this Saturday at Highfield Hall.

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Individual Selectmen’s Reports
Doug Jones reported on attending as a liaison the Wind Turbine Options Group meeting with Mary Pat Flynn, saying that he remains optimistic that the process will move forward. He also said he had attended the Falmouth Housing Trust strategic retreat and was impressed with the diligence of the staff in their efforts to increase the number of units of affordable housing in town. He praised Director Annie Seganic.

Kevin Murphy attended the High School Building Committee meeting, saying that the state school building committee has audited the building process, and that the Board would be receiving a report.

Mary Pat Flynn attended the Cape Cod Health Care Cancer Survivor program on the library green, praising the joint effort and excellent speakers. She also said she visited the Old Stone Dock-Ellen Mitchell Bath House event last weekend, but the festivities were over by the time she arrived.

Chairman Murphy said he had asked for a set of town policies to be distributed to all Board members. He would also like a 12-month calendar to be in the office where members can record invitations they’ve accepted to assure attendance from the Board when requested. It’s also helpful for informing the office when absence from a meeting is anticipated.

Two up-coming meetings: Wind Turbine Options Group – Tuesday at 7:00 at Gus Canty
Pay-as-you-throw – Morse Pond School

David Braga raised the issue of the Day of Portugal and that no one from the Board was in attendance to read the Proclamation. The calendar will help avoid this situation, and embarrassment.

It was moved and seconded to adjourn the meeting at 10:20. Vote: Yes – 5 No – 0

Respectfully submitted,

Carole Sutherland, Recording Secretary

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