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HomeMy WebLinkAboutMinutes - BoS - 05/28/2019 Selectmen Minutes May 28, 2019 Selectmen's Meeting Town Hall-Selectmen's Office 41 Highland Avenue Cohasset, MA Selectmen Present: Kevin McCarthy, Chairman Paul Schubert Diane Kennedy Jack Creighton Keri Thompson Others Present: Christopher Senior,Town Manager Attorney James Lampke Jennifer Oram, Recording Secretary Chairman McCarthy called the meeting to order at 7:00 p.m. Roll Call Vote; Diane Kennedy-Present, Paul Schubert-Present,Chairman Kevin McCarthy-Present, Keir Thompson-Present,Jack Creighton-Present. Pledge—Recited Public Comments- None Licenses/Permits/Events: Public Hearing—Application for Church Mouse, LLC d/b/a Church Mouse—§12 On-Premises Wine & License Chairman McCarthy read the public hearing notice aloud. Selectmen's Clerk handed the Chairman a notice from abutter Keith Phifer, owner of 8 Stagecoach Way. In the email, he has expressed concern regarding the proposed porta potties in the parking lot behind 12 Parkingway. Chairman McCarthy reviewed the hearing process for the Board, applicants and audience.The applicant will present to the Board,the Board will ask questions of the applicant and then the discussion will be opened to the public. He asked the audience comments be no more than one to two minutes and that they not be repetitive. The Board will then go into deliberation on the matter. Chairman McCarthy then asked the applicant to address the Board. Mr. Brian McLaughlin of Church Mouse, LLC addressed the Board and handout out a "Look Book" packet to the Board members and the audience. Mr. McLaughlin reviewed his history. He has been a business owner in Town for nearly 2 years, running Seabird Coffee located at 24 South Main Street. During those two years, he has seen the support of a small community and this has inspired him to look into opening Church Mouse. Church Mouse would have two components to it. One, a subterranean lounge in the basement of 12 Parkingway. This would be a sophisticated lounge,without TVs,where people could gather and have conversations. The second space is a back patio located where there is presently a parking lot.Th space where alcohol would be served is approximately 1,800 square feet with lattice and 1 Selectmen Minutes May 28, 2019 greenery. It would not be a place for a younger crowd; he pictures it a place for people in their thirties and older. Chairman McCarthy then asked if members of the Board had any questions. Selectman Jack Creighton asked Mr. McLaughlin what months the garden would be open and what he would be serving in both locations. Mr. McLaughlin said he plans on having the garden open from Memorial Day through October and they would serve local beer only, along with white and rose wines. The inside space would be open by the Fall and would be an upscale, European type of wine bar. Selectman Creighton asked if Mr. McLaughlin could address the proposed porta potties. Mr. McLaughlin explained he would be leasing high scale units; the type of bathrooms that are used for weddings that have marble countertops etc. Selectman Keri Thompson thanked Mr. McLaughlin for his vision and asked what the timeline would be for opening the outside. Mr. McLaughlin stated,that if approved, he hoped to open the garden by July or August and the basement by September. Selectman Paul Schubert looked at the pros and cons of such an establishment. He stated he sees the pros that a business such as this could draw people to downtown and would be better then additional Real Estate office. It's also good that the garden is a seasonal space and the hours of operation are "off' hours where they start in late afternoon. Some cons could be the competition for other restaurants, parking could be an issue,the porta potties and possible noise. Mr. McLaughlin stated he will not be digging things up in the patio area as there are water and sewer lines. It would be a pressed concrete patio. The food is limited to food trucks, with more of a cheese board etc. downstairs. He thinks the limited menu is a benefit to the area. There would be a calendar of what food truck would be there each day. Chairman McCarthy asked if he would be filing for an Entertainment License. Mr. McLaughlin stated there would be no music downstairs and if he decides they need recorded music outside, he would come back for that license. There was then a discussion regarding a Common Vic license for food service. Mr. McLaughlin will apply for one if approved for the Beer and Wine license. There was then a discussion regarding table service and bar service in the spaces. Mr. McLaughlin plans on having a mix of both. It will depend on the space. He would try to have table service in the outside area. Chairman McCarthy asked about the enclosures for the patio. Mr. McLaughlin would use rope stanchions to delineate the service area and there would be designated personnel to the space that would check ID and regulate the space. Mr. McCarthy asked about the porta-potties. Mr. McLaughlin said that they would be leasing a very nice/luxury porta potty and the unit he is leasing is called "The Cohasset". Selectmen Creighton wished to address noise again. He asked Mr. McLaughlin that if his business would be viable without live entertainment. Mr. McLaughlin said he feels a party is what you make it and that low-level background music would work. He is more interested in knowing the business is viable without live entertainment. After further discussion, Chairman McCarthy opened the discussion to the public. Public Hearing- Public Comment—Andrew Reed of 72 Nichols Road stated that he has known Brian for 20 years and that he cares about the Town of Cohasset and there is no better steward than Brian. Selectman Schubert asked if Mr. Reed had any financial connection with Mr. McLaughlin. He stated he did not. Timothy Davis of 160 Fairoaks Lane stated that he has known Brian for about a month. Mr. Davis is in full support of this project and thinks that it would take an ugly area and make it vibrant. His constituency, 40-year old people, would love to see something like this. It's a great opportunity and does not feel it competes with other businesses. He has no financial connection to Brian. Lisa Lennon of 125 North Main Street thinks this is an incredible opportunity and there is nothing like it downtown. 2 Selectmen Minutes May 28, 2019 She feels honored that someone like Brian wants to create a space like this. She has no financial connection to Brian. Roy Fitzsimmons of 116 Doane Street asked what the hours of operation would be. Mr. McLaughlin stated Memorial Day—October,413M—10PM and weekends would be 11AM— 11PM. Mr. Fitzsimmons asked how the porta potties would be services,what the impact of the business would be and stated that parking is a serious issue. Chairman McCarthy said that these points would be reviewed during the Board's deliberation. Kristen Pool of 364 Elm Street in Weymouth but is moving to Cohasset in the next few weeks. She works for Brian. To be a part of his team is one of the reasons she is moving here. She wants to become a part of this community because of what she has is important to him. Meg Wheeler of 114 Forest Avenue stated that Sea Bird has an impact on her life. She quit her job and started her own business. Being an entrepreneur can be lonely but being able to go to Sea Bird helped with that. She is excited for the community that Brian will create for us and does not have a financial interest. Mr.Jim Norton of 2 Bound Brook Lane. He is a direct abutter that owns 17 South Main Street and is in full support of this proposal.The village has a lot of buildings in disrepair and thinks this would be an upgrade to the village. He does not have a financial interest with Brian. Michael Askjaer of 40 Atlantic Avenue addressed the Board. He owns 12 Parkingway and 24 South Main Street where Seabird is located. He thinks that hands down this proposal brings a level of integrity to the village and he cannot think of a better business owner and that the pros outweigh the cons. Geoffrey Filbey of 134 North Main Street spoke in favor of the proposal. Mary White of 228 Jerusalem Road stated that they know Brian and he would bring a good vibe to the village. Jay Klemanski of 9 Locust Road stated that he felt that "we" should be thoughtful about this proposal and that Brian is a good steward for such a project. He has no financial interest. Jennifer Schultz of 72 Nichols Road has been a resident for 7 years and is a permitting and land-use Attorney. She has also known Brian for years and she is hugely supportive of what he has done and will do for the Town. This proposal will make our Town better and will give us two great gathering spaces, not only is this a public need, but a public want! Dave Henderson of 251 Fairoaks Lane is here as a dissenter. He really enjoys the community and the Town feel and small Village area. How many places does the Town need to get wine? Matt Belson of 111 Forest Avenue has seen a lot in this Town including the doldrums of the restaurants in Cohasset. He thinks they are moving in the right direction. He has brought different generations together and it's going to be run well. He has no financial interest. Mark Dolphin of 19 South Main Street and is an abutter that lives on the second floor above the proposed beer garden. He is concerned about the noise and CO2 of the Food Trucks, as well as the in and out of the vehicles and the servicing of the porta potties. He is conflicted because he finds Brian to be a stand-up guy. Kelliann Lynch of 434 King Street and owner of Balance Studio and an abutter. She stated they could not be more excited about this project and thinks it is a fabulous opportunity. Not only is it going to beautify the area; it will be great for the community. Craig Coffey of 78 Elm Street in full support and thinks that the competition is a good thing. Larry Corthell of the Cohasset Chamber of Commerce thinks this will be a great addition to the Village, along with Lenny's roof deck. Mike Lennon of 125 North Main Street stated that the Town has a golden opportunity to make a positive impact on the village. Everyone has concerns, but we should support local businesses and the Town looks a little sad. He is full support.Jon Bourbeau of 134 Border Street is a tenant at 12 Parkingway and is in support of the proposal. He runs a finance business and is there until 6 or 7 at night. Mike Silvia of 40 Fairoaks Lane said that in a word. Stewardship. Brian is going to make it a special space with plants and trees. Steve Pisarra of 38 Lantern Lane. He is in support of this project and fills a nice niche in Town. He has not financial interest. Attorney Martin Corry, representing his client, Dr. Barry Tufts, has a presentation for the Board. He hears the sense of community for this project, but said unfortunately, that's not the basis to approve such a project. He stated this is not the right place or the right type of business for this location. He then distributed a nine-page memorandum dated May 28, 2019 that addressed their concerns(memo 3 Selectmen Minutes May 28, 2019 on file). Attorney Corry stated that he does not think the Board should grant this license for the many reasons cited in his memo. He then reviewed what he considered flaws in the application. These concerns include the hearing notice (his client did not receive one)the lease, what food is being served and the need for a Common Vic license, and an existing Water and Sewer easement. Selectmen Schubert stated that the building and lease issue are between the applicant and land lord. Regarding the notice,the landowner is noticed via certified mail, not the tenant(s). Selectman Kennedy stated that it has been standard practice in the Town of Cohasset, that the Common Vic be applied for if the Liquor License is approved the by the LLA. Selectman Creighton asked Special Counsel for the Town, Attorney James Lampke, if he saw any fatal deficiencies with the application. Attorney Lampke stated that he had just received the memo this evening from Attorney Corry, so he would, in fairness, would need to review the memo and the concerns it raises. That said, any Zoning issues are not the concern of the LLA; that falls under the Building Commissioner. The Town also must take applications as they are filed. He does think he can review Attorney Corry's concerns and address them. Chairman McCarthy asked Attorney Lampke to prepare a thorough memo addressing any concerns or outstanding issues for the next hearing date. After some additional discussion, Chairman McCarthy moved to continue the hearing to Tuesday,June 11, 2019 at 7:05PM. Selectman Schubert seconded the motion and the vote was unanimous (5-0). Selectman Schubert moved to change the order of the agenda and hear the copier and postage machine extension of contract item earlier. Selectman Thompson seconded the motion and the vote was unanimous(5-0). Copier and Postage Machine—Extension of Contract—Finance Director, Donald Piatt and Procurement Manager, Michelle Leary addressed the Board. Ms. Leary explained that per the procurement law, contracts for copiers etc. can only be for a period of three years (36 months). However, by adding a fourth year to the proposed new copier contract would yield the Town a $19,000 savings. The Board of Selectmen need to vote this additional year. Mr. Senior stated that a lot of work had gone into this process and thanked Mr. Piatt and Ms. Leary. Selectman Kennedy moved to approve a 48 month contract for Copiers for the Town. Selectman Schubert seconded the motion and the vote was unanimous(5-0). The postage machine contract will be on a future agenda. Public Hearing—Cable License Renewal—Comcast Contract—Chairman McCarthy read the public hearing notice aloud. Chairman Nicole Greabner of the Cable Advisory Committee and Don Roine of 143TV were present. Mr. Senior reviewed the highlights of the contract from a bullet point memo provided by Special Counsel William H. Solomon. For the first time, the Town of Cohasset has a senior discount for Comcast cable users. The contract itself is sixty(60) pages long and is in place for Ten (10) years. Mr. Roine then gave an update on what has been happening at Studio 143. Ms. Greabner stated that Mr. Roine is currently the only employee for 143TV;they would benefit from an additional part time employee and a clear,forecasted budget. She also thanked the community and all of their volunteers. After further discussion, Selectman Schubert moved that as the licensing authority,the Board vote to approve the ten year cable contract with Comcast,in addition,the Board approves the senior discount as described in the contract. Selectman Thompson seconded the motion and the vote was unanimous(5-0). 4 Selectmen Minutes May 28, 2019 Town Hall Update Painting Update—Painting Specs—Director of Public Works, Brian Joyce addressed the Board. At Town Meeting, the article was changed on the floor from replacing the roof,to instead painting the building. They are presently gathering the scope of the project. They are pricing out the cost to have the entire building power washed, scraped, sanded,with one coat of primer and two coats of paint. They will get a lot more detail when they get the specs. Mr. Senior stated that the challenge is that this article was amended on the floor, so they have to gather the information and get the costs. Where it was not quoted before,this job would not be as detailed; it's more of an effort to make the building look good. Mr.Joyce said they will use a basic spec to obtain the bids, but the amount they have to work with is $100,000. There was then an extensive conversation about what could be done and should be done to the building. Mr.Joyce explained that they will not be going down to bare wood and they need to be prepared for led mitigation costs. The Town is also forced to pay prevailing wages. Chairman McCarthy wants this project completed and he will continue to have it on the agenda so it stays top of mind. Obiectives—Chairman McCarthy reviewed the existing Town Hall Building Committee charge and asked the Board for an affirmation vote. Selectman Schubert moved to affirm the vote of January 2018 establishing the Town Hall Building Committee Charge and its term expiration of 2020. Selectman Kennedy seconded the motion and the vote was unanimous (5-0). BOS Liaison Appointment to the Town Hall Building Committee—Chairman McCarthy moved to appoint Vice-Chairman Schubert as the Board's liaison to the Town Hall Building Committee. Selectman Creighton seconded the motion and the vote was unanimous(5-0). BOS Liaison Appointment to the Harbor Committee—Chairman McCarthy stated the committee's charge and list of members was in the Board's packet. What is going on with the Harbor Committee is crucial and he would like to appoint a BOS liaison to this. Chairman McCarthy moved to appoint Selectman Creighton to be the Board's liaison to the Harbor Committee. Selectman Kennedy seconded the motion and the vote was unanimous(5-0). Selectman Kennedy added that both the Master Plan and the Harbor Plan are nearly completed. These two plans need to dovetail together and the Board needs to work with the key people to get them done. Approval of Selectmen FY20 Meeting Calendar—The Board reviewed the proposed 2020 calendar. The August 13th meeting was changed to August 20th. Chairman McCarthy asked that the schedule be emailed out and invites sent via Outlook. No vote taken. Town Manager Update—Mr. Senior stated they are very close to hiring a new Town Planner. They had a robust pool of candidates. The Cunningham Bridge will be having the final work to it in the coming weeks. Look for information in Town updates. Selectmen Updates—Selectman Creighton said there is a recurring issue on Cushing Road with grass clippings from landscapers being dumped near the well fields. This is the best water in Town and there could be chemicals in the clippings. They need to consider protecting this area. Chairman McCarthy stated that Committee applications are due by June 15th. The Town once again had an amazing Memorial Day event. And Happy Birthday to Diane Kennedy! Minutes—Selectman Kennedy moved to approve the minutes of May 14, 2019. Selectman Schubert seconded the motion and the vote was unanimous(5-0). 5 Selectmen Minutes May 28, 2019 Selectman Schubert moved to adjourn the meeting. Selectman Creighton seconded the motion and the vote was unanimous(5-0). Meeting adjourned at 11:30PM. Respectfully submitted, Kevin McCarthy Chairman Documents Public Hearing Notice—Church Mouse, LLC Church Mouse, LLC "Look Book" packet—submitted at the public hearing by Brian McLaughlin—5.28.19 Email from Keith Phifer regarding concern about the porta potties proposed at 12 Parkingway. Memo from Martin G. Corry Esq. Submitted at the public hearing 5.28.19 Memo regarding MGL 30B S12 from Christopher Senior Cable Contract Bullet Point Summary from Attorney William H. Solomon dated May 28, 2019 Town Hall Building Committee Charge Town Hall Building Committee List of Members Harbor Committee Charge—2017 Harbor Committee List of Members Draft Minutes of 5.14.19 6