Board of Selectmen Minutes

Meeting date: 
Thursday, January 13, 2011
Board of Selectmen                              Present: Stanley Wysocki
January 13, 2011                                                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.
Mr. Dinjian, Chairman of the Advisory Committee was present.

 

BOLTON SECURITIES, 579 MAIN STREET
Present:  Nathan Fenton and Kanayo Lala engineers for Bolton Securities and Raymond Grenier, owner of Bolton Securities

 

The Board of Selectmen at their meeting on November 4, 2010 had reviewed and approved the site plan for Bolton Securities for the parking located at 579 Main Street.  

 

Upon further review of the file by the Conservation Administrator, it was determined that 6 of the parking spaces were located within the 100 foot buffer zone of the wetlands.  

 

In response to this determination, Mr. Grenier presented a revised site plan to the Board of Selectmen for approval.  The plan showed the relocation of the 6 parking spaces to the back of the barn, and 3 additional spaces in the garage which were not included in the original plan.

 

Mr. Lowe also noted that the Conservation Administrator could not determine by reviewing the file if the catch basins and subsurface infiltrations systems had been installed according to the original special permit.
Mr. Grenier stated that storm pits were placed on the west site of barn in 1997, although he was not sure if an as-built plan had been prepared.

 

The Board of Selectmen deferred approval of the revised site plan and requested that Mr. Grenier meet with the Planning Board, Conservation Commission and Board of Health to finalize the drainage as required by the special permit.

 

The Board of Selectmen recommended that the plan be reviewed with Michael Sauvageau, Building Inspector, and Mr. Lowe, Town Administrator, for further opinion from Town Counsel, to determine if a variance to the zoning bylaws would be required for the height requirement for the renovations to the second floor of the barn.

 

The Board of Selectmen also recommended that Mr. Grenier send a letter of explanation to Mr. Lowe, Town Administrator, and Mr. Gerard, Chairman of the Board of Appeals, asking if the proposed addition of a dormer and windows to the building would be considered an alteration of appearance, and, therefore require a hearing.  

 

RICHARD MITCHELL, 68 SPECTACLE HILL ROAD
Present:  Christopher Rogers
Mr. Rogers reported that Mr. Mitchell, of Mitchell Motors would like to extend his existing garage an additional 12 feet to allow his customers to wait in a designated area separate from the garage bay.

 

According to the Zoning Bylaws, the Board of Selectmen shall act on the Site Plan only after the Planning Board has submitted its advice.  Unfortunately, Mr. Rogers meeting with the Planning Board on Wednesday, January 12, 2011 was canceled due to inclement weather.   As part of the special permit approved by the Board of Appeals, Mr. Mitchell also requested permission to obtain a MA Registry of Motor Vehicles Motorcycle inspection permit.  Approval from the town is required prior to Mr. Mitchell requesting the inspection permit from the State.  Mr. Rogers stated that Mr. Mitchell’s intent is not to sell motorcycles, but to be able to inspect motorcycles owned by his friends.  Mr. Mitchell does not have a permit to do vehicle inspections.

 

On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to approve the site plan review contingent on approval from the Planning Board.  (Wysocki – yes, Plante – yes, Lindsay – yes)

 

LINE OF SIGHT BYLAW
Present:  Peter Ross and Leslie Breeze, Public Ways Safety Committee members

 

Mr. Ross stated that since the last meeting with the Board of Selectmen in March of 2010 the Public Ways Safety Committee has continued to work on the details of a proposed bylaw to improve the safety at intersections..   The name of the bylaw has been revised from “Fence Bylaw” to “Line of Sight Bylaw”, and the content is basically the same as in March of 2010.

 

Formal reviews of the Line of Sight Bylaw have been held with Town Administrator Don Lowe, Planning Board, Conservation Commission, the Police Chief Alfano and DPW Director Harold Brown.
 
The Bylaw addresses the “restricted area” which is at the intersection of any public way or where a commercial driveway intersects with a public way and is within the triangular area formed by the street property lines.  It also address “obstructions” which means any fence, wall, sign, structure, hedge, tree, shrub, brush planted, installed or placed in the restricted area which negatively impacts traffic and pedestrian safety at an intersection. The Bylaw also includes definitions, procedures and remedies.  

 

The Public Ways Safety Committee would like to propose that the bylaw be reviewed by town counsel, followed by a public meeting prior to the bylaw being placed on the warrant for the Annual Town Meeting on May 2, 2011.
Mr. Plante questioned the legality of clearing brush on private property and the possibility of implementing a more informal process to address the safety concerns rather than the proposed Line of Sight Bylaw.

 

The Board of Selectmen recommended that Town Counsel review the bylaw for legality and enforceability before going through the public hearing process.

 

The Board of Selectmen recommended that the second to last sentence that reads “A suggested alternative, with the property owners’ permission, is for the DPW to clear the brush to the required dimensions and to bill the property owner for the work performed”  be modified by deleting the phrase "and to bill the property owner for the work performed".

 

The Public Ways Safety Committee is also evaluating all intersections where a yield sign exists and will provide recommendations as to where yield signs should be changed to stop signs to improve on safety.  The intersection of Jordan and Berlin Road is an example of such an intersection.  

 

BOLTON COUNTRY MANOR LEASE
On a motion made by Lindsay and seconded by Plante, the Board of Selectmen voted to sign the lease between the Bolton Senior Housing Corporation and the Town of Bolton to lease a portion of the building located at 600 Main Street for the Bolton Senior Center, office and storage space.  (Wysocki – yes, Plante – yes, Lindsay – yes)

 

TOWN ADMINISTRATOR REPORT
Snow Update:  Mr. Lowe reported that the DPW worked long and hard during the difficult storm on Wednesday, January 12, 2011.  They did a very good job and had relatively minimal equipment issues during the storm.  Mr. Lowe stated that Bolton came out of the storm very well, and he is not aware of any power outages.  By mid day the Governor declared a State of Emergency.   

 

FY12 budget Update:  Mr. Lowe reported that the Advisory Committee has been meeting with departments each week, and no line items are being left unexamined.   Based on reductions totaling approximately $15,000 from budgets reviewed at the January 11, 2011 Advisory Committee meeting, including the budgets Mr. Lowe is responsible for, our shortfall, in terms of finding needed cuts, is approximately $130,000.
 
Mr. Dinjian estimated that every 1% increase in the school budget equates to $107,000 more in Bolton’s assessment.  With that being said, if the 3.6% increase in the schools' assessment became 2.6%, that would reduce the Town's budget by $107,000, leaving us with a $37,000 shortfall.  

 

Mr. Lowe stated we are in early stages of the budget process, but he is working on contingency plans.
  
Mr. Lindsay complimented Mr. Lowe and the Advisory Committee for their efforts.  He is concerned, however, by any willingness to concede a 2.6% increase in the schools' assessment, because some of the cuts such as public safety improvements are severe, and Mr. Lindsay would like to see at least some of them restored.  

 

MINUTES
On a motion made by Plante and seconded by Lindsay, the Board of Selectmen voted to approve the regular session minutes of December 16, 2010 and January 11, 2011 and executive session minutes of December 16, 2010. (Wysocki – yes, Plante – yes, Lindsay – yes)

 

On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to adjourn at 9:00 p.m.

 

Respectfully submitted by Linda L. Day