Somerset Selectmen - June 25, 2026

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Next is citizens' input, which is limited to agenda items under new business.

the opposed vote to waive the reading of the May 30th, 2026 meeting of the Board of Selectmen as circulated.

Next item is license. This is a continued meeting from June 6, 2026 and June 18, 2026. Upon the application of Baras Meat Market, 1118 County Street, Somerset, Massachusetts, for a common vit killer of license for outdoor seating. So at the last meeting, I had brought up some information I had looked up on Mass General Law. Chapter 48, Section 3B, I forwarded that to the other two members. of the board.

I don't know if anybody has questions, comments. My concern is there's some language in there I think that we should discuss with our zoning enforcement agent, and I think we should table this until we can talk to him about that a little more in depth. But the petitioner is not here tonight, so I don't think it's going to affect him. until the next meeting. Well,

he hasn't been to the last two meetings, so I don't know if he's coming back. Mr. Smith, you brought up the Mass General Law last week. Yep.

We've all had the opportunity to review it. I think it's pretty clear that outdoor seating is an extension of the current seating in a restaurant. or a business selling food, there is no current seating. It's a market. It's not a restaurant.

I don't see how we could even consider it at this point. That was my initial feeling when the applicant came before us. You know, feeling when the applicant came before us, and I had looked up the menu at that time. I mean, he's not, you know, selling food in the space. He indicated, you know, when we questioned him about the need for the tables, he said, well,

if one of my friends stops by and is interested in, you know, getting a chicken croquette and, you know, eating at the table or if my employees want to take their break, I mean, The outdoor dining provision that was finalized by the state in 2024 talked about outdoor table service, restaurant service that includes food prepared on -site and under a food establishment permit issued by a municipal

authority pursuant to 105 CMR 590. that is served to seated diners outside the restaurant building envelope, whether on the sidewalk, patio, lawn deck, or other outdoor space. So, you know, again, it's a meat market, you know, located on Route 138. You know, there's certainly public safety concerns that, you know, the board discussed when we allowed outdoor seating for the Mallard to be added, and, you know,

again, the fire department went down, police department went down, both gave us feedback on their concerns. We had feedback back from the fire department on the tables that were out there that if it was going to remain, there's additional barriers that needed to go up. I mean, those additional barriers have never gone up. I mean, probably because we haven't approved anything.

But to the same extent, I mean, at this point, you know, based on the information from the fire department, I mean, I think we need to ask them to remove the tables and chairs. You know, I didn't see any out there. Are they there right now? I drove by there a couple of times. I didn't see. So the times I've... I don't know how many mallet is... Off the top of my

head, how many mallet is permitted for, but these were right in front of the Baras meat market space. So that was my concern, that the Mass General Law says for table service, and if he's not serving the tables, you know, I wanted to make sure we had a leg to stand on.

That's why I wanted to table this for one more meeting, just to check with the zoning enforcement agent my only thing is is just to check with the Zoning Enforcement Agent. let's look at the mallard right next door and i don't think it's necessarily just for service they needed to get permission because if a client takes the alcohol outside of

that building then they're no longer in compliance so by allowing them to have that sidewalk seating they're now in compliance so I don't know how a patron can take a drink because that building in compliance so i don't know how i think is right on the sidewalk take a drink on the public property and then back around it has to be a hundred percent service in that

area so no they're not well they're technically they're off the sidewalk and I'm just saying that this is and we're kind of complaining everything here

Has the building inspector gone out to other locations that are not approved for outdoor seating and have started to do some outdoor seating to do enforcement there? I believe he has. Today I heard that we had received a call that just a random place had set tables and chairs up. So someone had called, made a complaint, and was told he was going to go out there and check on it. So it is possible that Chris... a

potential violation with something, I could follow up with him and find out. So, I mean, it sounds like the zoning enforcement officer didn't say, oh, anybody can just put tables and chairs out in front of their business. He said he was going. Well, and I, this was just in passing through one of my assistants that mentioned it to me, that, oh, just so you're aware, the building commissioner went out because we

had received a call about, you know, a restaurant or some place had set up tables and chairs. And I said, okay, that was the extent of it, though, so I did not get to talk to him himself. I think there also has to be a lot of... You have to look at, like, where is... If somebody's located 200 feet off the road and they're putting a table and chair out in front of their business... is

it the same effect as somebody that's, you know, 15 feet off the road and is putting a table and chair out in front of their business? Mr. Costa, we have restaurants in town that have table seating in their parking lots, like directly in their parking lots with drive -by traffic. That's what I'm saying. We need to look at it holistically. So I think we should, before we make a decision on this,

and I'm not saying I'm going to... When we make a decision on this, and I'm not saying I'm going to... Well, I agree with you, Joe. Oh, I agree with you, Joe. I think we need to get our zoning enforcement agent's opinion on this, or... I think we need to... So is everybody comfortable? I would say let's get an opinion from Attorney Frank, who is the attorney for the zoning board, as

to whether or not, you know, business is required to get the approval of either the building inspector and or the board of selectmen on, you know, being... on um uh you know being able to add tables and chairs um but i think at a minimum we need to have the building inspector let uh barras meat market know that they tables and chairs need to be removed because the proper

barriers are not set up i hate to have you know this has been going on for you know it's going to be three meetings now uh well this third meeting you know i hate to have somebody get injured out there because the proper barriers are not set up there with If somebody get injured out there because the proper barriers are not set up that was requested by the fire department. And I

understand why he's not doing it, but I just think that we need to get the problem. You have the tables and chairs out, and it doesn't sound like it should be a problem because he said he'd be willing to bring them in every night and then put them back out again the next day. So they should be removed until a decision is made by the board. So I'll make a motion that

we table this until we can get... the opinion of town council and I'll build an inspector. I second that. All those in favor? Aye.

Aye. Is the board in agreement to remove the tables and chairs? Again we don't have to vote on that but I think we're all yeah. Everyone's in agreement. Okay discuss an act on a vote to promote Highway Department labor, Jeffrey Sylvia, to the position of heavy equipment operator. Mr. Uge, any contacts on this? Yes, sir. Through you, Mr. Chair, one

of our employees is out right now for, and it could potentially be long -term.

Mr. Sylvia has stepped up and is filling that role right now, and this would be compensating him for being in that role.

he's i believe there's one he's finishing up on right now uh but the it does not hinder him from acting in the capacity that he is and the role that he is in um i do agree with the highway superintendent that our recommendation is that he should be compensated at that level it looks like we have a we have a letter from mr simons and it uh it recommends mr sylvia

to the position for Mr. Simons, and it recommends Mr. Sylvia to the position for heavy equipment operator this week. And he says that this position has been open for over a year. Jeff is the only employee obtained the necessary licenses and has been serving in this secondary position since Steve Miller has been out. So we have a

favorable recommendation from Mr. Simons. I certainly don't have a problem with it. I'm not quite sure how we made it by all these years with only one heavy equipment operator. in the highway department, I don't see a problem with having two, right? I mean, redundancy is an important thing, so, I mean, you don't want to have ten people in that role and nobody's going to be operating it, but, I mean, what

are we going to do if the person he's filling in for comes back? Are we going to take this away from him? I don't think we should. To Mr.

Costa's point, we could definitely use a few. Mr. Costa's point, that last snowstorm really proved we could definitely use a few people in a heavy equipment operator position.

Discuss an act on a vote to sign the plan to comply with the Cannabis Control Commission, equity mandates, and post -community agreement policy.

So, yes, for both of these next two items on the agenda, as I know, the CCC, which is the Cannabis Control Commission, It's in constant flux.

Recently, there have been a lot of changes that the state has made. There have been a lot of different decisions that have come down when it comes to when this all first started. All these establishments required host community agreements. I see that demand even waning and it wouldn't surprise me if there's a change. But some of the mandates, they have the ability, the CCC has the mandates under, I believe it's 94G,

that all of their authorities codified in. To come out with these mandates, we are obligated to comply with them. One of them is a policy that kind of defines the process of how you would do that, so that I believe it's the state's intent just to make it as open and fair for everyone.

And one of the requirements is the policy has to be posted on our website, so anyone that wants to go out and look into this can get to the blueprint on how to do it as well. can get to the blueprint on how to do it as quickly as possible so the policy that has been provided to the board and it's certainly something from my office we sent to you guys just

recently so we understand if this will be two weeks we do not need it approved tonight unless the board felt comfortable but the policy that has been provided to you is the model policy that the ccc came out with that we pretty much you know adopted putting the town name and everything else onto it and that's what we would Adopt it, putting the town name and everything else onto it, and that's

what we would use. And the same thing with the next one, not to get ahead of us here, Mr. Chair, but that other piece to it, because it's part of the discussion when it comes to what's the application fee, that's another thing that we're required to establish, have the board vote on, and share with any party that's interested in opening up a facility. Yeah. And, you know, for this first one, the equity mandates

and post -community agreement policy, we don't have a choice in being able to adopt something. The question is to review the language that we've been given and determine if we want to make any alterations to what the state's recommended form. Has the state set that many parameters that you're aware of, changes that they'll allow, changes that they won't? Do they have

to review the final form? Under the statute, there are specific requirements that they need every town to do. So that's why they kind of boil it down to a model policy saying, hey, here's the model policy that we're asking that the towns can adopt, and it incorporates all the requirements of the statute. And there's nothing, when you go through the policy, there's nothing... far off

from, oh my, how would we do that? It is truly just a pathway of, okay, hey, you're interested, this is your first stop. You're going to pick up this application, you're going to forward to the town administrator's office, this is the schedule of fees, this would go before the board, the HCA needs to be established, here's how you'll establish the HCA, and that goes before the board once these are approved. then

you can, you know, begin the business. If these are approved, then you can, you know... But it wasn't anything like, oh, well, they left this out. There's nothing that jumped out at me that, to me, I felt we could just adopt their policy as is, or what's there. And we had, this was something that our town planner worked on, so she incorporated a lot of the pieces that would marry up the

policy to the town of Somerset. So I think for myself personally, I mean, I'd like, you know, the two weeks to kind of take a look at this, you know, we just came up on the agenda, you know, on Tuesday, you know, when the draft agenda first came out, and they immediately called Misty and said, what is this? So, again, he said, you know, this is more of just kind of a first look to kind of

get it out there. More of just kind of the first look to kind of get it out there, have the initial discussion, give the board an opportunity to review everything, and then we can circle back and see if there's any questions, concerns that we need to follow up on. And the only other context I would add, if the CCC ever reached out and said, hey, what's your status? We have

it on the record while we've worked on it. But there are other communities in speaking to council. But there are other communities, and speaking to council, we're in with everyone else, where they're all kind of, what's this, what's that acronym stand for, what were we mandated a year ago to do, and everyone's kind of in that same boat, certainly not an excuse for any of us, any community to be there, but

everyone's moving in the same direction. So my experience with model policies coming down from the state is that their model, The policies coming down from the state is that they're model policies that they don't want you to deviate from, period. And they put that in there and they give you the quote -unquote choice, but if you try to deviate from it, they're just going to say it's not good. I understand

this is a law that we have to comply with.

And it's being shoved down our throat, I don't agree with. a lot of this, and depending on what you, my colleagues, decide on, I just may decide to voice my objections and abstain from a vote on it, but I certainly, and I'll tell you right now, I do not believe in rewarding somebody who has been convicted of a marijuana crime. I don't I don't believe

in rewarding them and giving them extra points if they come for a license so morally I do not and cannot support that this is just where I come from and it's my personal and professional and moral thing you you break the law when it's a law then you know you have to pay the consequences can we say yeah okay, times are changing, mores are changing, all of that, yes. But to reward somebody

because they broke the law previously, that's a non -starter for me.

And, you know, if I have to change my vote in order to be in compliance with the law, I think....with the law right there, but they're just, they're not giving us any choice. But they're not giving us any choice. They're telling us we. They're telling us that we have to approve this, and as far as I'm concerned, nobody can tell me to say yes. You know,

if the rest of the board, you know, approves it, or if I'm ordered by a judge, then yeah, I'll do it. It's the law, and I uphold the law. But if you're giving me a choice, and you're pretending that I have a choice to adopt a policy... that is fundamentally opposed to the way I feel and the career path that I chose. And, you know,

I dedicated a large portion of my life and my wife dedicated a large portion of her life to upholding the law. You'll never get me to without some type of court order to agree to something like this. So, I'm with Alan on this. As far as we haven't had a lot of time with this yet, I'm neither opposed nor in favor of it. I know it's a

state law, but I think if we had another couple weeks to review it, so we can definitely dig through it and make sure we're okay with what's in this packet, I'd be good going down that road. So I'm with Alan on this. Yeah, no, we don't need anything. So, we don't have to vote on anything, just put this on the next agenda. Before you move on, I just want to reinforce, times

change and... you know what we view as acceptable and all of that they do change but to go back unless you say something was terribly terribly prejudicial and this was crazy law that we had and we're writing a horrible wrong then I don't think there's any excuse for violating the law that was on the books when it was a law and I'm not judging anybody that uses marijuana and

or you know wants to you know be in the business it's just my personal I have that hitch on that you're rewarding somebody that violated the law in the past that's not what I do with my kids that's not what my parents did with me so the law that was on the books when it was a law and I'm not

Parents did with me, so, you know, this is purely a principle thing for me.

you know this is pure Okay. Next item is discuss an act on a vote to establish submission review fees for application of the host community agreement for a marijuana establishment and for a medical marijuana treatment center. So, Ms. Yochi already kind of spoke to this. I spoke to this. They are two totally separate and distinct things, but both being out

to the local jurisdictions by the cannabis control commission. So this was established the submission view fee for applications for host community agreements. So again, you know, if the board's so inclined, we'll put this on the next agenda after everybody's heading up. So inclined, we'll put this on the next agenda after everybody's had an opportunity to review it. We can have a

more thorough discussion. All right. Sounds good.

I have nothing under other slash updates.

Topics not reasonably anticipated by the chair. 48 hours in advance of the meeting. I have nothing. Talent administrator updates. It's just all the events we have scheduled for Saturday that we're prepared for, and I hope everyone has a great Fourth of July. Just all the events we have scheduled for Saturday. The only thing I want to remind people that I think I've been remiss in putting out there

is handicapped transportation. We have two handicapped vans that are being provided by our Council on Aging that will be available at all of the designated shops. At all of the designated shuttle stops, so if anybody needs handicapped transportation, they'll be able to get it there. They'll be brought to the area and transported back to their vehicles. Just refresh

people's memory with those shuttle spots, huh? Yes. North Elementary School, Town Hall, and the old Town Hall parking lot, Council on Aging, South School, the Middle School, and South Complex.

The other thing is, people at home, keep in mind there are some businesses that are open in that district on Saturday of people utilizing parking lots and try not to utilize parking lots where people are open and active for business to park for the event. So we've reached out to every business in the area. Most of them have volunteered. their parking lots. All of them have volunteered their parking lots,

as a matter of fact, for various, you know, uses.

But it will be blocked, so that... So, the police department, yes, there will be no vehicle traffic on Brayton Point Boulevard between the entrance to Slatesbury Ave.

and Route 138 Riverside Avenue. So that area is going to be blocked off. All the businesses there will be closed long before that. There is one business that's open until 4 o 'clock in the area that actually is down below the area where we'll be shutting off Slatesbury Avenue. But we've already made arrangements. This isn't something new. We've already made arrangements to allow

people to get to that particular business. is to be allowed to allow people to get to that particular business so I only think of this as a benefit to the local businesses because there's going to be a lot of people in there so this is thank you for making me reiterate this this is a rain or shine event the only thing that could possibly derail the drone show and

obviously the entertainment would be thunderstorms and or extremely high winds.

So we're already in contact with the company doing the drone show.

There is nothing in the weather outlook that they feel is the need to cancel.

So I think at this point it's safe to say we are a go. If there are light showers or whatever, be there, dress up. or whatever um you know be there you know dress appropriately come out and make the best of it because uh it's going to be a good time i i can't wait to it's going to be amazing and you know i mean great job by the entire committee pulling

this all together yes please please bring a lawn chair um slaysbury park is going to be used for entertainment the singing cooper is going to be there you want to be able to sit and listen to him and then just depending on where you want to watch the drone show from uh you may want to walk down to uh chickama shanfield to watch from there or whatever uh

it's going to be much more comfortable for you if you have a blanket or a lawn chair so yeah is there a snare drum back up to the same trooper snare drum i will not be doing that i didn't know if the board wanted to uh mention the times and location of the I wanted to mention the times and location of any dunk events. I

don't want any residents to miss that person, but I leave that to the board.

I believe that's from 3 to 5 o 'clock is the main event. That would be, I'm 3.30 to 4. I'm in the dunk tank, 3.30 to 4 o 'clock. I think I follow Alan, so don't spit up in the water. For everybody at home who wants to make a donation to the Lions Club, I'm from 3 to 3.30. For everybody at home who wants to make a donation to the Lions Club, I'm from 3.30. You

get to clean water, good to you. Okay, I have no reminders, any citizens' input. Seeing none, I will entertain a motion to adjourn. All those in favor.

I am curious.