Board of Selectmen Minutes
Meeting date:
Thursday, November 4, 2010
Board of Selectmen Present: Stanley Wysocki
November 4, 2010 Curtis Plante
David Lindsay
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 7:00 p.m.
Present: Advisory Committee chairman Randy Dinjian and member Bob Czekanski
Mr. Wysocki welcomed David Foster and his Boy Scout Troop 1 who are working towards their Citizenship in the Community merit badge.
BOLTON SECURITIES, 579 MAIN STREET
Present: Nathan Fenton and Kanayo Lala engineers for Raymond Grenier, owner of Bolton Securities
The Board of Selectmen reviewed the site plan for Bolton Securities located at 579 Main Street. The proposal is to relocate the parking area to a location different from what was approved in the special permit and site plan review on February 10, 1998.
Mr. Lala reported that there are two buildings on the property. The two buildings are designed for a total of approximately 190 employees, and the septic system has been designed to meet this capacity. The house was converted to office space and has been operating as an office building for several years. The intent is to convert the existing barn into office space and to create additional parking spaces behind the barn. The parking area will be located over the existing leaching field, and the retaining wall will remain intact. The Planning Board at their meeting on October 27, 2010 reviewed the site plan and request for modification to the special permit issued on February 10, 1998.
The Planning Board voted to approve the site plan and request for modification to the special permit to relocate the parking area with the condition that additional lighting would be installed in the new parking area when the parking has reached 50% of capacity and as necessary to meet the safety of the inhabitants.
Mr. Lala reported that they have met the requirements of the Board of Health and are in the process of meeting the requirements of the Department of Environmental Protection (DEP) related to the public water supply.
On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve the site plan with the condition that the additional site lighting will be installed prior to occupancy and the required approvals are received from the Board of Health to allow for the parking area to be located over the leaching field. (Wysocki –yes, Plante – yes, Lindsay – yes)
GREAT BROOK FARMS
Present: Bruce Slater
Sign Request: Mr. Slater requested permission for two sandwich board type signs to advertise special events at Great Brook Farms, 356 Main Street. These signs are in addition to the two large signs located at each entrance of his business that are in the process of being repaired.
On a motion made by Plante and seconded by Lindsay, the Board of Selectmen approved the request for two sandwich board signs, approximately 3' X 4', to be located at 356 Main Street. (Wysocki –yes, Plante – yes, Lindsay – yes)
Bring Your Own Beverage (BYOB): Mr. Slater contacted Mr. Lowe about his interest in the practice of allowing his business at Great Brook Farms to provide a BYOB service to customers. Mr. Lowe contacted the ABCC to understand the regulations for this type of practice.
In a BYOB situation, the customer brings in the beverage, and it must remain in his or her possession at all times. If the beverage is handled by a worker, that is considered to be a “delivery” and is a violation of the state liquor laws. Any remaining beverage must be taken out by the customer.
Mr. Lowe reported that unless a town has a policy prohibiting BYOB’s, an establishment has the right to offer the practice, as long as they conform to all applicable Massachusetts General Laws.
Mr. Lowe recommended that the Board of Selectmen establish a policy which would allow the town to retain some level of control over the practice, or prohibit the practice all together. Based on policies from surrounding towns and a brief discussion with Town Counsel, Mr. Lowe provided a draft policy for the Board’s review.
Mr. Lindsay was concerned that it would be very hard to control this practice and urged the Board to prohibit BYOB and consider granting special one-day licenses for the restaurant to sell beer and wine instead.
A BYOB practice does not require a license and if approved would be noted on the common victualer license issued to the establishment.
The Board deferred a decision on BYOB for this evening to allow them the opportunity to research the BYOB practice further and agreed that they would hold a public hearing prior to any policy approvals.
TOWN ADMINISTRATOR REPORT
Update on Oil Leak at the Public Safety Building: Mr. Lowe reported that the test results have showed groundwater levels slightly above the allowable limits for petroleum which does not qualify as a lower tier classification. Therefore, the Town will not be able to close the file on December 4 as anticipated and will be required to submit a response action plan to the Department of Environmental Protection (DEP). Mr. Lowe has contracted with Maguire Group, Inc. at a cost of $6,000 to continue their services. A separate filing fee in the amount of $3,500 will also be paid directly to DEP. This will leave a balance of approximately $3,000 of the funds appropriated in the warrant article for the oil leak at the town meeting. Subsequent testing is expected for another two quarters with each test costing approximately $4,500. Mr. Lowe’s recommendation is to earmark $6,000 to $7,000 from the Board of Selectmen’s Purchase of Service line item in the FY11 budget. The funds needed for FY12 will be determined after reviewing test results from February, 2011.
Update on Regional Hazardous Waste Facility: Mr. Lowe attended a meeting last week where the Lieutenant Governor presented a $100,000 grant award for the facility. The groundbreaking is scheduled for March, and the facility should be in operation in April. There have not been any revisions to the Memorandum of Understanding. There is a meeting being scheduled in the next week to discuss the facility's budget, and Mr. Lowe will attend to confirm the Town of Bolton’s appropriation of up to $10,000.
Establishment of computer, email, internet and cellular phone policies: Mr. Lowe is in the process of drafting the above mentioned policies, and they will be available for review at the next Board of Selectmen’s meeting.
Emergency Management Co-Director: The advertisement for an Emergency Management Co-Director has been in the Bolton Common since October 22, 2010. One letter of interest has been received. The Board of Selectmen suggested that the deadline for receiving responses from individuals interested in serving as the Emergency Management Co-Director be Wednesday, November 10, 2010. Mr. Lowe will contact Mr. Moses, Emergency Management Co-Director to see if he this approach is acceptable to him.
Affordable Housing Trust Fund: The advertisement for individuals interested in serving on the Affordable Housing Trust Fund Committee has been in the Bolton Common since October 1, 2010, and there has not been any response to date.
BOARD OF SELECTMEN BUSINESS
Approval of Surplus Items: On a motion made by Plante and seconded by Lindsay, the Board of Selectmen approved the sale of the following surplus items. (Wysocki –yes, Plante – yes, Lindsay – yes) This list of surplus items will also be submitted to the Advisory Committee for their review and approval.
1975 Mack Truck – Model 685F – sander
1999 Chevrolet GMT 400 – diesel engine
Ford 8N Tractor with Dearborn midship mounted mower
Cub Cadet I.H. 682 Tractor with 36” mower
Ingersoll Rand Tractor 3016 with 48” mower
2000 Ford Taurus SEC car – mileage reads 164,120
Ingersoll Rand Type 30 air compressor, 200 psi, circa 1965
Cannon NP 6230 copying machine
Amana electric stove with self cleaning oven
Tri-town meeting: The next tri-town meeting will be held on Wednesday, November 10, 2010 in Lancaster. Mr. Lindsay hopes that through the Tri-Town meeting process all three towns will agree on an acceptable assessment and recommend that the schools work to achieve that goal.
It was the understanding of Mr. Wysocki, Mr. Plante and Mr. Dinjian that Lancaster and Stow were both sending similar letters to the School Committee regarding the budget, and would like to give the School Committee the opportunity to review the situation.
Boy Scout Troop 1: The Board of Selectmen answered questions asked by the Boy Scout Troop 1 related to the establishment of computer, email, and internet and cellular phone policies; the Smith property, public safety building oil leak and the conceptual master plan.
The Board thanked the Troop for coming to the meeting, and encouraged them to volunteer in their community noting that although it is a lot of work it is very rewarding.
Mr. Foster thanked the Board of Selectmen for allowing the Troop to attend the meeting.
MINUTES
On a motion made by Wysocki and seconded by Lindsay, the Board of Selectmen voted to approve the regular session minutes of September 9 and 28, 2010 along with the executive session minutes of September 9, 2010. (Wysocki – yes, Plante – yes, Lindsay – yes)
Mr. Lindsay expressed his dissatisfaction with the process in which the minutes are being finalized and would like to see the minutes done and available to the public in a more timely manner. Mr. Wysocki and Mr. Plante both stated that they were aware of Mr. Lindsay’s concerns, and although it was a nice goal to have, it may not always happen given various circumstances.
On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to adjourn at 8:30 p.m. (Wysocki – yes, Plante – yes, Lindsay – yes)