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JANUARY 3, 2005
In another sad chapter of Town Council meetings, thirty-five attendees were left standing in the hallway outside the Council chamber room for nearly thirty minutes as the Council held an Executive Session that began at 6:30pm. The doors were finally opened at 7:15pm allowing residents, taxpayers, lawyers, and other attendees to enter and take a seat. President Paul Roderiques called the meeting to order at 7:20pm and apologized for “the delay.” All council members were present. Editor’s Note: see Middletown Newsletter Editorial dated 1/4/05.
Executive Session
The first business conducted by the Council was to unanimously seal the minutes of the Executive Session. As indicated in the docket agenda, the Executive Session was held for the matters of litigation (Homer v. Fire Department) and collective bargaining (Town Hall).
The consent calendar was unanimously adopted without comment.
A Public Hearing was held for a zoning change from residential to Open Space for properties fronting on the west side of Mitchell’s Lane (portion Plat 118, Lot 132, Plat 123, Lot 700 & portion Lot 12, and Plat 124, Lot 29 & portion Lot 5). The rezoning is necessary to construct a nine-hole golf course as an expansion to the eighteen-hole Newport National Golf Course located on the east side of Mitchell’s Lane. The original plans for the Newport National Golf Course included an eighteen-hole course on the west side as well as an eighteen-hole course on the east side; however, since the original company has gone bankrupt the west side course has never been developed. A Boston-based Limited Partnership has acquired Newport National Golf Course through the Bankruptcy Court and would like to expand the facility thereby necessitating the new rezoning amendment.
As Attorney Robert Silva, representing the petitioner, began
his presentation, President Roderiques reminded him of the Council’s declared
limited of five minutes per speaker.
Attorney Silva said that he did not believe said limit applies in a
Public Hearing and proceeded to make his thirty-minute presentation. The new zoning petition involves 218 acres
and will accommodate a clubhouse that had been planned for the east side in the
original 1985 design but has never been constructed. As for the conditions placed upon the 1985
zoning change, Attorney Silva said that the petitioner would be amenable to
these same conditions with two major exceptions. Since golf carts would no longer be
traversing a length of Mitchell’s Lane but would simply be crossing the road,
filling in the ditch and providing underground drainage piping along Mitchell’s
Lane is no longer required. A private
sewer line connecting the clubhouse to the
William Gormly, an abutter to the property, was the only resident to speak and he addressed the need for screening – not to screen the golf course from view by the residents but instead to screen his animals from attracting golfers to his property. Attorney Silva represented that screening was not a problem and the petitioner would in fact provide adequate screening.
The petition was received on its first reading and the hearing was left open for additional comments at the next meeting. Town Solicitor Vernon Gorton was directed to review the 1985 conditions and to prepare a new set of conditions to be incorporated at the second reading. It is likely that the zoning change will be adopted at its second reading on January 18th.
Transportation Improvement Programs (TIP)
In a matter continued from the last Council meeting, the State’s Transportation Improvement Program (TIP) was discussed. The next round of TIP is currently being developed and all communities have been invited to submit proposals for new projects.
Sandy Thomas, Aquidneck Island Planning Commission, presented four regional projects and asked for Town Council endorsement. Since regional projects do not negate nor diminish local project selections, the Council unanimously endorsed the regional projects. These regional projects are:
As for the local projects, Town Planner Ron Wolanski
presented his analysis and recommendations.
From the four suggested projects, he recommended (1) Gate 17 Access Road
traffic control and storm drainage and (2) Aquidneck Avenue sidewalks and
crosswalks. The Council unanimously
endorsed these projects but with reverse priority because the sidewalks would
be rated higher by the DOT criteria. The
Council also unanimously endorsed the streetscape improvement project for
Councilwoman Barbara Barrow proposed discussion on two zoning board matters: (1) election of zoning board members and (2) strict regulations dealing with pornography/sexual/recreational drug paraphernalia. The latter matter was referred to the Planning Board for its recommendation. As for the matter of electing zoning board members, this would require an amendment to the Town Charter. Since there is no current Charter Review Commission, it was decided to reestablish this committee and the Town Clerk was directed to advertise for volunteer members. Councilwoman Barrow’s suggestion will be referred to the newly formed Commission for its study and recommendation.
The Council adopted on its second reading a new billing fee
ordinance for rescue wagon services.
Resident Manny Mello suggested that the fees were too high and inquired
as to where the money goes. Town Administrator Gerry Kempen explained that all
funds collected are placed in a special reserve account and are expended on
capital equipment only. The rates are
consistent with prevailing rates and are paid by insurance companies only. If a
The Council adopted on its second reading a new billing fee ordinance for police and fire personnel and equipment use on private details.
The Council adopted on its second reading a new billing fee ordinance for Town Engineer and Director of Public Works services for property subdivisions.
Executive Sessions Minutes Unsealed
At the suggestion of Town Solicitor Vernon Gorton, the Council unanimously unsealed the minutes of Executive Sessions pertaining to Schwemin v. Town litigation. Resident Ronald Santa had requested these minutes.
The composition of the Beach Commission had been (3) Town Council members and (4) residents. The Council unanimously revised the Commission to be comprised of (2) Town Council members and (5) residents. When asked why not have only one Town Council member like all other boards with Council participation, the answer was that “we have already appointed two” (President Roderiques and Councilwoman Santos).
Appointments
The Council unanimously made the following appointments:
Editor’s Note: The procedure for appointments involves nominations by council members and subsequent votes in the order placed in nomination with the first nominee receiving a majority vote being appointed. The order of nomination is therefore important and explains the rush by council members to gain the floor to introduce their nominees. So it was this evening when Councilwoman M. Theresa Santos and Councilman Charles Vaillancourt attempted to nominate people for the Beach Commission. Although Councilwoman Santos had clearly requested the floor first, President Roderiques called upon Councilman Vaillancourt to nominate his candidates first. As it turned out Councilwoman Santos had intended to nominate the same candidates resulting in unanimous Council appointments. With no potential disagreement on Tree Commission appointees, Councilwoman Santos was allowed to nominate these candidates.
The old bus garage on west main road near the
With all this as a backdrop, the Council opened the Public
Hearing on the matter of amending the Comprehensive Community Plan to allow
Light Industrial use in the area designated as Plat 111, Lots 8, 9, 9A, &
10. Attorney Amy Rice, representing
fourteen abutters, asked the Council to make no decisions and continue this
matter since she has not been able to discuss this matter with all her clients,
especially the new concept of including an automobile dealership at this
location. Attorney Rice did indicate
that her clients opposed this change and stated that “Each town zoning should
conform to its Comprehensive Plan rather that the other way around.” Paul Mika and eight Toyota of Newport
employees each spoke in favor of the amendment, especially if it would allow
the Toyota of Newport to move there.
Comments made by Toyota of Newport employees included: “we are busting
at the seams (in current location)”, “strongly urge (Council) to allow this
business to remain in Town”, “great loss if Mika had to move dealership out of
town”, “we are good neighbors where we are and would be good neighbors if we
moved”, “we need to move up the street”.
Resident Gail Greenwood spoke in opposition to the proposal saying that
it was a “quintessential definition of sprawl” to create another Light
Industrial zone when the
The Council received the petition on its first reading and continued the matter to its February 22nd meeting to allow the Planning Board to study and make a recommendation regarding automobile dealerships in Light Industrial zones. The Public Hearing was left open so as to accept additional comments at the next meeting.
To protect abutting residential property owners, especially in the vicinity of the old bus garage on West Main Road (see above), the Planning Board is proposing to establish a new zone (Light Industrial Abutting Residential Districts) and the first reading of the proposed zoning amendment was held. Residents Roberta Duffy and Gail Greenwood objected to a reduction of 50-foot buffer zone to a 25-foot buffer zone and the lack of restrictions on outside PA systems. Attorney Robert Silva, representing the property owner of old bus garage site, explained that the proposed new zoning ordinance increases all protections for abutting residents:
The Council received the petition on its first reading and continued the matter to its February 22nd meeting to allow the Planning Board to study and make a recommendation regarding automobile dealerships in Light Industrial zones. The Public Hearing was left open so as to accept additional comments at the next meeting.
The Council cancelled its January 10th meeting with the Planning Board leaving the following meetings in January:
The Council also agreed to meet at 6:00pm with the School Committee preceding it regular meeting on January 18th and postpone the Executive Session that night to after the regular meeting. President Roderiques agreed to “make an exception” for the late Executive Session that evening.
One resident addressed the Council during the public forum session:
Manny Mello asked what the Town was going to do about
The Council adjourned at 10:01pm.
JANUARY 18, 2005
At 6:00pm, preceding the regular meeting, the Town Council met with the School Committee to consider, discuss, and act upon FY 05-06 Budget and related issues. Since this was not an Executive Session, the doors were unlocked and attendees for the regular meeting were allowed to enter and take a seat without having to stand in the hallway. The Special Meeting with the School Committee ended at 6:59pm whereupon the tables were broken down and stored against the wall. President Paul Roderiques called the regular meeting to order at 7:09pm and apologized for “the late start.” Councilman Edward Silveira Jr. was absent. Town Administrator Gerry Kempen was absent with Finance Director Shawn Brown acting in his place.
The consent calendar was unanimously adopted without comment.
The council received a letter from School Superintendent
Rosemary Kraeger indicating that recent State testing has classified the
Middletown Public Schools as “High Performing and Improving” and the high
school and middle school have been identified as “Regent’s Commended
Schools.” Superintendent Kraeger
introduced the attending members of her staff and the School Committee. She noted that only two other communities
(Block Island and Little Compton) in
As reported in the 12/30/04 Middletown Newsletter, the Girls Varsity and Boys Varsity Soccer Teams won respective Division III State Championship. As is customary varsity jackets are purchased for each winning team member and the Council received a verbal request for a donation to offset this expense. In the past, the Council has donated $20 per team member toward the jackets that cost $45. However the two soccer teams are comprised of forty-seven members and the Council was reluctant to donate $940 instead unanimously giving $500.
Elizabeth Paris, Middletown Substance Abuse Prevention Task
Force, requested $1600 to fund a facilitator for the Parent Support Group for
the remainder of the year. Last year the
Council made a $500 appropriation to initiate the Parent Support Group which
meets in
The second reading and continued Public Hearing was held for a zoning change from residential to Open Space for properties fronting on the west side of Mitchell’s Lane (portion Plat 118, Lot 132, Plat 123, Lot 700 & portion Lot 12, and Plat 124, Lot 29 & portion Lot 5). The rezoning is necessary to construct a nine-hole golf course as an expansion to the eighteen-hole Newport National Golf Course located on the east side of Mitchell’s Lane. With President Roderiques stating, “Lawyers do not have to go first”, resident William Gormly questioned the vegetated buffer requirement along his abutting property. Attorney David Martland explained that a typographical error occurred in the proposed conditions and, in fact, the buffer requirement in item #13 refers to Plat 123, Lot 10 (his property). Resident Kathleen Davis questioned item #7 regarding compensation to homeowners if the golf course results in adverse effects to existing residential wells. Ms. Davis asked if homeowners were required to document the existing conditions, before the golf course is constructed, in order to receive compensation if damage is done. Councilman Vaillancourt stated that such documentation is not needed since “it is assumed by your living there now that you have sufficient water.” The Council unanimously approved the rezoning ordinance subject to the thirteen conditions specified by Town Solicitor Vernon Gorton.
A Public Hearing was held for a zoning change from
residential to require special use permits for two-family dwellings in an R10
or RM zone. This proposed zoning change
is in response to the construction of a 20’ x 65’ building on a 60’ x 120’ lot
located at
Cancellation of
Taxes for Certain
The Council unanimously approved the cancellation of taxes
for a list of
Cancellation of
Personal Property Taxes for Certain
The Council unanimously approved the cancellation of
personal property/motor vehicle taxes for a list of
Cancellation of
Sewer/Water Charges for Certain
The Council unanimously approved the cancellation of sewer
maintenance/water construction charges for a list of
With Administrator Kempen absent and unable to give his report, the matter of the Inflow and Infiltration Reduction Program was continued to the next meeting.
Citing the controversy over the Portsmouth Gym Bond and not wanting to see something similar happen in Middletown, resident Antone Viveiros submitted a proposal for an ordinance to require bond monies to be used only for the exact project described in the referendum and that any monies remaining and/or reimbursements or grant monies shall be applied directly to reduce the cost of the bonding. The proposal was submitted to the Town Clerk to be referred to the Town Solicitor for his comments.
Appointments
With Councilwoman M. Theresa Santos nominating and Councilman Vaillancourt seconding, the Council unanimously made the following appointments:
One resident addressed the Council during the public forum session:
Although Manny Mello had requested to speak on the subject of Council meeting start times, he did not address that matter but instead complained about the Public Forum procedures noting that he had been “made to feel like a dummy” at the last meeting because the Council did not respond to his proposal for the West Main Road sidewalk (see 1/3/05 Middletown Newsletter). President Roderiques explained that there had been “no intention to make you feel like a dummy” and he was willing to speak and answer any questions; however, the Public Forum session was designed as a non-debate, non-confrontational, input-only forum where residents could address any matter that was not part of the regular docket. As such the Council is not expected to respond to any subject raised during these forums but simply to take the information presented under advisement. If a resident would like a Council response, the item should be submitted in writing to be included as part of a regular docket.
The Council adjourned at 8:36pm and entered Executive Session in order to discuss collective bargaining (Town Hall).
FEBRUARY 7, 2005
President Paul Roderiques called the meeting to order at 7:01pm. All council members were present.
Two items on the Consent Calendar received additional comment and scrutiny.
Atlantic Bread Company Receives Licenses to
Operate
The Council unanimously granted a Victualling House License
and a Sunday Selling License to the Atlantic Bread Company,
Church Community Housing Corporation
Opposes Zoning Change
With President Roderiques recusing himself “due to a
conflict”, the Council received a letter from Attorney Stephen A. Haire
representing Church Community Housing Corporation. Attorney Haire also spoke and presented the
objection to the proposed zoning change for two-family dwellings (see below). Church Community Housing Corporation is in
the process of developing affordable housing on five house lots in
The second reading and continued Public Hearing was held for
a zoning change to require special use permits for two-family dwellings in an
R10 or RM zone. This proposed zoning
change is in response to the construction of a 20’ x 65’ building on a 60’ x
120’ lot located at
Councilman Charles Vaillancourt stated that the R10 and RM zones are the only districts in the Town that allow two-family dwellings by-right, all other zones either deny two-family dwellings on a single lot or require a special use permit. He further stated that the R10 and RM zones “need some protection” and moved for the adoption of the ordinance. President Roderiques said “we appreciate all the input from both sides” and concluded that the proposed ordinance “is not perfect but is a step in the right direction.” The Council then unanimously adopted the proposed zoning change.
Valley Road to be Limited Business Zone
Valley Road, north of
Resident Manny Mello explained that the two residential
properties just north of Autozone do NOT have sewer and have no way to connect
to sewer because Northeast Engineering was allowed to connect via
The Council received the proposed change to the Comprehensive Community Plan on its first reading and continued the Public Hearing to the next meeting whereupon it is likely to be adopted on its second reading. The Council then held the first reading of a zoning change to change this area to a Limited Business Zone in response to a request of Blake Henderson to rezone Plat 107SE, Lots 89 & 90. It is this request that triggered the above Planning Board recommendation to alter the Comprehensive Community Plan. The Council unanimously received this zoning change on its first reading and continued the Public Hearing to the next meeting whereupon it is likely to be adopted on its second reading.
Zoning Ordinance Review Committee
Established
At the suggestion of Councilman Edward Silveira Jr., the Council unanimously established a Committee to review the Town’s zoning ordinances and propose any necessary changes. The Committee will be composed of nine members: four members from the public-at-large, the Town Planner, and a representative from each of the following: Town Council, Planning Board, Zoning Board, and Building Inspector’s Office. The Committee is tasked to complete its work within a twelve month period.
In-law Apartment Regulation to be Reviewed
At the suggestion of Councilwoman Shirley Mello, the Council referred the matter of Accessory Family Dwelling Unit to the recently established Zoning Ordinance Review Committee. Resident Art Benner explained that the current regulation only permits accessory units for parents and grandparents when indeed there is a need to allow such units for children and grandchildren. Councilwoman Mello stated that her proposal was intended to clarify and expand this definition of family and was glad that the newly formed committee would address the issue.
East Main Road Business District to be
Reviewed
Councilman Louis DiPalma requested an update from the Town
Administrator regarding
Administrator Kempen presented a verbal report regarding the Inflow and Infiltration problem (storm water/rain water into sewer system) especially in the Easton Point area. Administrator Kempen explained that an engineering firm will begin house-to-house inspections next week in the Easton Point area looking for sump pumps and gutter drain spouts connected to the sewer system. Administrator Kempen also indicated that the Public Works Department will be lining sewer pipes and replacing sewer lines in the area and indicated a number of roads where the sewer system work could be accomplished under existing bond monies. However, he indicated that the Forest Avenue sewer line is in need of replacement which is estimated to cost $2 million which the Town does not currently have and will likely require a new bond referendum.
Budget Transfers
The Council unanimously authorized the following budget transfers:
Surplus Property
The Council unanimously declared the following items surplus and authorized the Finance Director to use, lease, or dispose of these properties no longer needed:
Replacement Overhead Doors for Fire Station
Approved
The Council unanimously awarded a $20,212 contract to Fagan
Door Corporation,
Senator Lincoln Chafee Offers Assistance
In a letter to the Council, Senator Lincoln Chafee offered assistance in obtaining federal funds for local projects and asked for suggestions from the Council. Although the Council did not immediately name any specific project, it agreed to discuss the matter and refer such suggestion at a later time. The Council also decided to refer any such suggestions to the rest of the Federal delegation: Senator Reed, Congressman Kennedy, and Congressman Langevin.
Council Supports Senate Bill 2005S-0064
Senator Paul W. Fogarty, District 23, requested support of his Senate Bill to increase educational state aid by a minimum of 5% for each school district above the amount provided in the previous fiscal year. The Council unanimously voted to support this Senate bill.
The Town of
Youth Soccer Group Solicits Financial
Assistance
Walt Wildemann, President Middletown Youth Soccer Club
(MYSC), spoke and restated the request submitted in a letter for Council
financial support in developing the remaining portion of the Wyatt Road Soccer
Complex. Mr. Wildemann stated that MYSC
has expended $30,000 of its own money to improve this town-owned facility and
now asks the Town to fund the $300,000-$350,000 necessary to complete the two
remaining soccer fields. Finance Director
Brown indicated that the cost to complete the soccer complex was $480,000. Councilman Vaillancourt inquired as to the
September 2005 DEM recreational grants and would
Sidewalk Snow Removal
In a letter to the Council, John Tucker inquired if there was a Town ordinance regarding snow removal from sidewalks and if there was not, the Town should enact one. The Town does have such an ordinance and if requires abutting property owners to clear the sidewalk during the daylight hours or by 9am if the snow fell during darkness. Everyone however recognized the inability of most property owners to clear the sidewalks after a snowfall of the magnitude of the January blizzard, especially considering that snowplows had dumped up to six feet of snow from the road upon said sidewalks. Councilman Edward Silveira Jr. took the opportunity to thank the Department of Public Works for the outstanding job it did in clearing the roads after the blizzard. Solicitor Gorton was tasked to examine ordinances from other communities to determine if a better Town ordinance could be developed.
$250 Donation to
Claudia Carlson Vars, Director of Fine Arts Middletown High
School, requested Town Council financial support in defraying the $500 expense
for John Maurer, a junior at
Appointments
The Council unanimously made the following appointments:
On a 6-1 vote with Councilwoman Santos opposed the Council made the following appointment:
Editor’s Note: Councilwoman Santos had nominated John M. Tucker for reappointment to the Planning Board and thus voted against Richard P. Adams
Manny Mello related various sewer bond referenda passed by
the voters to fixed particular sewer projects which were used for other
projects instead. He said numerous bonds
were passed to fix the
Antone Viveiros spoke on this issue elaborating on the statements he made at the previous meeting. He said the School Department used $1.38 million unexpended funds from a previous bond referendum to fund the energy saving program installed last year. Although this expenditure, in the long run, might save the Town money in energy expense, Mr. Viveiros criticized the School Department for not obtaining voter approval for this expenditure.
Borrowing from RI Clean Water Finance
Agency
As an added item to the docket, the Council unanimously approved the administrative procedure of borrowing $5 million from the RI Clean Water Finance Agency (subsidized interest rate of under 2%), as approved by the November bond referenda to fund the following projects:
Two residents addressed the Council during the public forum session:
The Council adjourned at 10:02pm and entered Executive
Session in order to discuss personnel, at least that is what Councilman
Vaillancourt declared. The normal
procedure of President Roderiques reading the strict legal notice identifying
the Executive Session did not occur and the agenda actually defined the reason
for the Executive Session as litigation (Homer v. Town of
ANNOUNCEMENT
The next Town Council meeting will be moved from the third Monday to the second Monday in February to accommodate the schedules of council members. A quorum of council members cannot be obtained from February 15 – March 5. As a result the next Town Council meeting will be held on February 14th.
FEBRUARY 14, 2005
President Paul Roderiques called the meeting to order at 7:02pm. All council members were present. The Council held an Executive Session at 6:00pm in the Council chamber room that concluded in sufficient time to allow regular meeting attendees to enter the room without having to stand in the hallway. Editor’s Note: This reporter arrived late at 7:01pm and relies upon the statement of others regarding the end time of the Executive Session.
Executive Session
The first business conducted by the Council was a unanimous vote to reconvene from Executive Session and to publicly vote upon the matters discussed therein. The Council unanimously voted to “file a zoning enforcement action and execute the judgment” related to this litigation (Town v. Cotsoridis). The Council then unanimously voted to seal the minutes of the Executive Session.
One item on the Consent Calendar received additional comment
and scrutiny. Councilwoman M. Theresa
Santos related the need to expand the deck at
Commendation for Town Employees
The Council unanimously approved a resolution commending Town employees, specifically Police, Fire, and Public Works, for their “Herculean efforts” during the January 2005 Blizzard. Two examples of many instances were (1) the Fire Department cooking 200-300 meals for the police and public works employees and (2) the Public Works snow plow clearing the way in front of the Rescue Wagon to make its calls and deliver patients to the hospital. President Roderiques read the resolution and presented it, along with Town tiles, to the three Department Heads. President Roderiques concluded with “Thank you guys very, very much” and the audience burst into a thunderous applause.
Limited Business Zone for
The Comprehensive Community Plan Amendment and the Zoning
Change for the west side of
Senator Lincoln Chafee Offers Assistance
The Council again received Senator Lincoln Chafee’s letter offering assistance in obtaining federal funds for local projects and asking for suggestions from the Council. After much discussion on a number of projects, the Council unanimously directed the Town Administrator and Town Planner to respond to Senator Chafee, as well as the rest of the Federal delegation, recommending the four following projects:
The Town of
Beach Commission Resignation
The Council accepted Mike Daly’s resignation from the Beach
Commission (he is moving from
The Beach Commission has recommended an increase in sticker fees and Town Administrator Gerry Kempen asked the Council to consider this request so that he made make appropriate changes to his budget preparation for next year. Councilman Vaillancourt made it clear that he opposes any changes in the fee structure; however, the matter was continued to the next meeting and Finance Director Shawn Brown was directed to provide a history of previous rate increases (dates and amounts). The proposed fee increases are:
Camperama Approved
The Council unanimously approved the use of the beach on
September 9-11 for a camperama to be sponsored by the Quahog Chapter #48 of the
North American Family Campers Association.
This annual event has occurred at
Town Employee Badges
Administrator Kempen explained a new proposed Town policy requiring all Town employees to wear an identification badge while performing Town duties – Police and Fire personnel in full uniform need not display the identification badge but must have it readily available. Finance Director Brown advocates the use of these badges both for identification and as a security measure and explained that each badge cost $2 to construct. Councilman Louis DiPalma clearly supports the new policy stating that he has worn an identification badge for twenty-five years in his profession. President Roderiques and Councilman Vaillancourt, however, oppose the new policy on the grounds of future costs and an expansion of this policy; e.g. key code entry of Town buildings. President Roderiques, with a tinge of luddism, said “I have a little problem with that (key code entry); I like to think of the Town like Mayberry (Andy Griffith TV show).” The matter was continued to the next meeting on a 6-1 vote with Councilwoman Santos opposed.
Added Agenda Item
As a last minute addition to the agenda, the Council unanimously awarded an $86,250 contract for Photogrammetric (Aerial) Mapping of the Town to Chas. H. Sells, Inc., Charlton, MA (low bidder). This project is to provide data for the GPS mapping system to be used by the Planning Department and, once entered in the Town’s web page, could be used by all residents. The funds are to come from a $140,000 Homeland Security Grant and considerable discussion occurred as to how to expend the remaining funds from this grant. Editor’s Note: This is the second meeting in a row where an item was added to the docket at the last minute. Hopefully, this practice will end, and only true emergencies will be included as last minute addenda to the agenda, since a sufficient review is not possible with such short notice. In fact, no resident has been able to read the enclosed references to these last minute agenda items.
No residents requested to speak.
The Council adjourned at 8:06pm.
MARCH 7, 2005
President Paul Roderiques called the meeting to order at 7:01pm. All council members were present.
Eight items on the Consent Calendar received additional comment and scrutiny.
Licenses Approved for Provencal Bakery
The Council unanimously approved a Victualling House License
and Sunday Selling License for Provencal Bakery,
Limited Business Zone for
The Comprehensive Community Plan Amendment and the Zoning Change
to Limited Business for the west side of
The old bus garage on west main road near the
Attorney Robert Silva, representing the property owner, spoke a number of times and clearly used over thirty minutes of the discussion period. Attorney Amy Rice, representing a number of abutting residents, also spoke a number of times but far less total time than her fellow attorney. These two attorneys began sniping at each other and accusing each other of misrepresenting the facts and it is amazing that the situation did not get out of control and escalate into an all out brawl. At one point, President Roderiques suggested that the Council should delay this decision until such time as commercial design standards can be developed and adopted by the Council prompting Attorney Silva to respond “that (the delay) will be a violation of my client’s due process rights.” Councilman Louis DiPalma said “it has been fifteen months, we should move ahead” and Councilman Charles Vaillancourt agreed with him. In the end, a compromise was reached whereby the Comprehensive Community Plan Amendment would become effective provided the Town has adopted criteria for Commercial Design within the next six months (if the design criteria has not been adopted, the amendment will be voided.) This compromise was unanimously adopted at 9:15pm. Councilman Edward Silveira Jr. recused himself, without explanation, on this issue involving the Comprehensive Community Plan but did not recuse himself on the Zoning Amendment below.
To protect abutting residential property owners, especially in the vicinity of the old bus garage on West Main Road (see above), the Planning Board is proposing to establish a new zone (Light Industrial Abutting Residential Districts) and the first reading of the proposed zoning amendment was held on January 3, 2005 with the second Public Hearing being held this evening. This Public Hearing resulted in more discussion by the two attorneys and numerous residents as the merits, pro and con, were discussed, especially as it pertains to a modification to allow automobile dealerships in the zoning district via a special use permit. Attorney Rice said that her clients “feel that if you don’t listen to them now (objecting to auto dealership) at this hearing, they will not be listened to at any Special Use Permit Hearing at the Zoning Board.”
On one side of the issue were residents opposed to auto
dealerships being allowed in Light Industrial zones abutting residential
zones. The basic argument being a “Not
In My Backyard” refrain and others suggesting that open space or residential
construction would be more appropriate for the
On the other side of the issue were supporters of Paul Mika
who declared him to be a “gem” in the Town with his generous charitable
donations and his highly successful and well-run
Councilman Vaillancourt proposed an amendment to allow auto
dealerships in the LI zone but the amendment was defeated on a 3-4 vote with
Council members Mello, Silveira, and Vaillancourt voting in the
affirmative. President Roderiques
explained that he was “okay with Light Industry but does not feel that auto
dealerships (in these zones) are in the best interest of
Editor’s Note: the Council received a letter from the Planning Board that indicated its action regarding the proposal of including auto dealerships in this amendment – the Planning Board voted 3-3 on the issue.
Babe Ruth Request Funds
In a letter to the Council the Babe Ruth baseball organization outlined the expenditure of funds and labors