Board of Selectmen Minutes
Meeting date:
Thursday, June 4, 2009
Board of Selectmen Present: Kenneth F. Troup
June 4, 2009 Stanley Wysocki
Curtis Plante
Don Lowe, Town Administrator
Linda L. Day, Town Secretary
The Board of Selectmen met at the Town Hall at 7:00 p.m.
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to the minutes of April 2 and April 16, 2009 along with executive session minutes of April 2 and April 16, 2009.
SUNSET RIDGE HOUSING CORP – REQUEST FOR PROPANE IN UNDERGROUND STORAGE TANKS
Present: Steven Jaslowich and Shaun Santucci, representatives of Osterman Propane, John Stephenson, Fire Chief, Vin Gately, Developer and Randy Dinjian, abutter.
The Board of Selectmen held a public hearing at 7:00 p.m. to consider the application of Osterman Propane, Inc., acting on behalf of Sunset Ridge Housing Corp., for a license to store 8,000 gallons of propane in underground storage tanks at the Sunset Ridge Development located off of Wattaquadock Hill Road.
The notice of the public hearing was mailed to all abutters via certified mail. Steven Jaslowich stated that Osterman Propane Company was founded in 1960 and they offer service 24/7. They have 45 years of experience in propane installation such as this and in 2009 spent $300,000 in employee training.
The propane will be used for heat and hot water inside the units and for cook stoves as well. The Board was provided with a copy of the plot plan. This project will include the installation of six (6) 1,000 gallon and five (5) 300 gallon tanks to supply propane to the building units. The tanks will be shared among multiple units but metered individually. Osterman Propane has been in contact with the Fire Department regarding this project and will work very closely with the Fire Department throughout the project.
Mr. Jaslowich explained that there is a protection system set up to alert the homeowner of any corrosion before it reaches the tank. Mr. Plante expressed his concern with difficult soil conditions and the high water table. Mr. Stephenson, Fire Chief stated that they have not had any problems with the flooding of the tanks, but understood Mr. Plante’s concerns and would look at each location on a location by location basis to determine if a concrete slab would be required. Mr. Jaslowich stated that Osterman Propane would be happy to conform to the requirement of the Fire Department to provide concrete slabs if necessary.
Mr. Gately stated that although it is a 28 acre parcel, the 28 units will be situated within a 5 acre area at the top of a plateau. He did not believe that there are any soil concerns within this 5 acre area except for the land behind buildings 13 & 14 that might require a concrete pad.
The Board of Selectmen received a letter from Betsy and Gordon Taylor (dated June 4, 2009) who could not attend tonight’s hearing. In response to their question as to why propane was chosen over oil as a heating fuel Mr. Gately explained that he looked at all options, did an analysis and propane looked to be the best source of fuel.
Mr. Dinjian of 310 Wattaquadock Hill Road stated that as an abutter his prime concern is safety related to flammable material. Mr. Jaslowich stated that in order to make a tank explode it would take an extreme event. As long as handled by trained professionals the risks are very low. The tanks are made of steel, equipped with a pressure relief valve and approved by the Federal government.
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to close the hearing. (Troup – yes, Plante – yes, Wysocki – yes)
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve the application of Osterman Propane, Inc., for a license to store 8,000 gallons of propane in underground storage tanks at the Sunset Ridge Development located off of Wattaquadock Hill Road with the understanding that each unit be inspected individually by the fire department to determine if a concrete slab will be required. (Troup – yes, Plante – yes, Wysocki – yes)
CLASS II LICENSES
Present: Attorney Ellen Doucette, Town Counsel, Jenny Atwood-Burney, Town Planner and
Mike Sauvaugeau, Building Inspector
Mr. Troup reported that earlier this year the board took part in a lengthy discussion about whether several existing Class II licenses could remain in effect in light of the 2004 zoning bylaws that prohibits auto sales and given Town Counsel input that in order to receive a Class II license, the business must be the primary business of the operator. The decision at the time was that two of the Class II License holders (Beetle Bug and Mitchell Motors) would have the opportunity to meet with the Board of Appeals to prove they are pre-existing non-conforming uses because they were established prior to April 12, 1972. And, that a third Class II license holder (Kearns) did not fall into this category but was granted a short term license to provide time to seek another alternative for his business.
Mr. Troup raised the question as to whether anyone’s opinion had changed based on additional information received, that being clarification by Town Counsel that being a primary business was optional in the state law. In the case of Mr. Kearns, Mr. Wysocki did not believe that he should have received a Class II license and does not feel he can continue beyond the 6 month license granted. Mr. Troup felt strongly at the time the Class II license was issued as a home occupation and saw no reason why he could not continue and that the additional information presented made him feel more strongly that this is the case. Mr. Plante concurred with the opinion of Town Counsel and the Building Inspector that Class II licenses were not allowed in Bolton according to the zoning bylaws.
Mr. Lowe reported that he had received a request from a resident for a Class II license. This resident previously had a Class II license in the past but was not one of the businesses being discussed at the present time.
The Board of Selectmen would like to consider a bylaw change at town meeting to allow used car sales and therefore Class II licenses as a home occupation. Ms. Atwood-Burney stated that last year the Planning Board supported the idea of a revision to the bylaw and she would discuss this with them at her meeting on Wednesday, June 10, 2009 to determine who will initiate the bylaw change.
BELL ATLANTIC MOBILE, LTD, d/b/a VERIZON WIRELESS DECISION
Present: Attorney Daniel Klasnick and Attorney Edmund Gorman, David Tivnan and Town Counsel Ellen Doucette, Gerard Ahearn, Board of Appeals member and Jenny Atwood-Burney, Town Planner
The Board of Selectmen at their meeting on April 15, 2009 approved the special permit application of Bell Atlantic Mobile, LTD, d/b/a Verizon Wireless to allow construction of a 149 foot monopole within a 3,600 square foot fenced compound area and install a 360 foot storage shed at the transfer station located at Forbush Mill Road. The Board approved this special permit contingent on the applicant obtaining approval of four variances from the Board of Appeals.
The Board of Appeals held a hearing on May 19, 2009 to hear the request of Bell Atlantic Mobile, LTD, d/b/a Verizon Wireless for four variances. The Board of Appeals voted to approve the variance request (4 to 1) that would allow for the accessory building to be more than 300 square feet and approve the variance request (5 to 0) for the structure to less than 20’ from the side yard. The Board of Appeals denied the variance request (3 in favor to 2) that would allow the tower to be located less than 1,000’ from a residence and denied the variance request (3 in favor to 2) that would allow the tower to be set back from the property line less than a distance of 400’ or 2 times the height of the tower.
The Board of Appeals decision has been signed and filed with the Town Clerk. There is a 21-day appeal period during which the decision can be appealed.
The Board of Selectmen met with Town Counsel Ellen Doucette and Bell Atlantic Attorney Daniel Klasnick, Attorney and David Tivnan to discuss options for the proposed wireless communications tower without having to go to court.
Town Counsel Ellen Doucette stated that because there may be an appeal she was reluctant to discuss the options in great detail as she could be defending the decision in court. If there is an appeal, either the Board of Selectmen or the Board of Appeals would have to hire a special counsel to represent them. Town Counsel stated that the lessee would be the one to file the appeal and therefore in this case it would be Verizon Wireless appealing the Board of Appeals decision.
Attorney Klasnick stated that he has read the decision of the Board of Appeals which he felt was consistent with the determination of the Board at the hearing. He was present at tonight’s meeting to determine the position the Board of Selectmen is taking in continuing the success of the project.
Mr. Wysocki was surprised with the denial of the application by the Board of Appeals and does not see a compelling reason for the denial. The Selectmen noted that there was no value to the required 1,000 foot distance and if the tower were relocated on the site to comply with the 1,000 foot setback, it would have to be located in the center of the recycling operation, which would be far more detrimental to the public and town employees. The cell tower at the present location can’t be seen and there are no health issues as a result of the tower.
The Board continues to be supportive of this project.
Attorney Doucette stated that filing a new application would be an option and suggested that the proposal be revised. Mr. Lowe will follow up with Attorney Klasnick to discuss options.
NASHOBA VALLEY WINERY
Present: Rich Pelletier
Mr. Pelletier requested permission to host a private function for the Department of Agriculture. This type of function is currently allowed under the special permit. The only concern is the serving or tasting of wines produced by other Massachusetts’ wineries. Mr. Pelletier stated that there will not be any sales at this event. There will be no impact on the neighbors.
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the request of Mr. Pelletier to hold the above mentioned private function on July 8th, 2009. (Troup – yes, Wysocki – yes, Plante – yes)
Full Liquor License: Mr. Pelletier has a wine and malt license presently for the Nasbhoa Valley Winery and would like to obtain a full liquor license. Mr. Lowe will work with Mr. Pelletier on his request to obtain a full liquor license.
FYFESHIRE DAM
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to execute the proposal for engineering services in the amount of $48,230 for a phase II investigation of Fyfshire Pond dam. The proposal is intended to satisfy the Massachusetts DCR Office of Dam Safety Phase II investigation requirements and to assist the Town of Bolton with the assessment of the condition and identification of repair options for the dam. (Troup – yes, Wysocki – yes, Plante – yes)
LEASE FOR ADDITIONAL DAY AT THE SENIOR CENTER AT THE BOLTON COUNTRY MANOR
On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to execute the lease agreement between the Bolton Senior Housing Corporation and the Town of Bolton. The present lease agreement allows the use of the premises (Office, health room, community room and lounge) on Tuesdays and Thursdays from 9:00 a.m. to 2:00 p.m. The execution of this lease agreement will allow the use of premises to include Wednesdays. (Troup – yes, Wysocki – yes, Plante – yes)
Mr. Lowe noted that the increase in rent from $100 to $150 had not been budgeted for FY10 and Ms. Chmielowski will try to manage the budget to absorb this amount.
CONTRACT WITH REGIONAL RESOURCES INC. FOR PROPERTY TAX ASSESSMENT SERVICES
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to execute the contract between the Town of Bolton and Regional Resource Group, Inc. for property tax assessment services. (Troup – yes, Wysocki – yes, Plante – yes)
DAYLILIES
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve the request of Sallyann King for signs and to waive the sign fee as this would fall under agriculture. (Troup – yes, Wysocki – yes, Plante – yes)
SIGN REQUEST
Mr. Lamontagne requested permission to place a sign in front of his business located at 1108 Main Street. The business is for general repairs, detailing of vehicles and small trucks. The sign will be 4’ by 4’ with wooden letters and read B. & F. Service, General Repairs, Detailing, Wash and Wax, 978-779-6019. On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to approve this request. (Troup – yes, Wysocki –yes, Plante – yes) Mr. Lamontagne will be reminded to observe the 20 foot setback requirement and to apply for a building permit for the sign.
BOSTON REGION METROPOLITAN PLANNING ORGANIZATION (MPO)
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to authorize the chairman to sign the official ballot nominating Mark Siegenthaler for the municipal seat representing the MAGIC sub-region on the MPO. (Troup – yes, Wysocki –yes, Plante – yes)
BILLS/PAYROLL WARRANT
On a motion made by Wysocki and seconded by Troup, the Board of Selectmen voted to approve the following language prepared by Town Counsel that will authorize Mr. Plante to sign the bills/payroll warrants in situations where there are Groom invoices for payment. (Troup – yes, Wysocki – yes)
“Selectman Plante abstains with respect to that portion of the warrant authorizing payment to Groom Construction, and executes this warrant only with respect to all other matters presented herein for payment.”
“Notwithstanding any conflict of interest, the Rule of Necessity is hereby invoked and Selectman Plante executes this warrant as to all matters, including that of Groom Construction, solely to ensure compliance with payment provisions of M.G.L. c. 30, sec. 39.”
TRI-TOWN MEETING
It was reported that as result of state aid cuts the Nashoba Regional High School has a projected $1 million deficit for FY10. A meeting is scheduled for next week where Supt. Wood will make a presentation on his recommendations to address the deficit.
APPOINTMENTS
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to make the following appointments. (Troup – yes, Wysocki – yes, Plante – yes)
Ambulance Attendants, Term expiration June 30, 2010
Christine Alfano
Andrew Bagdonas
Chris Baker
Gigi Bonazzoli
Barbara Brown
Kileen Burgoyne
David Byler
Ethan Caless
Margaret Diaz
Wesley Durant
Casandra Ela
Ann Farrell
David Farrell
Lauren Ferrechio
Luis Forte
Kate Howard
Allan Koung
David Perry
MaryAnn McLaughlin
Mary Nichols
Dina Rich
Curtis Roemer
Jason Ware
James Weliver
Gery Wilson
Christopher Whynot
Ambulance Director
Margy Diaz Term expiration June 30, 2010
EMT/Fire Fighter
David Farrell Term expiration June 30, 2010
Animal Control Officer
Susan Latham Term expiration June 30, 2010
Assistant Animal Control Officer
Phyllis Tower Term expiration June 30, 2010
Board of Appeals
Andy Kischitz Term expiration June 30, 2014
Capital Planning Committee
Kerry Hoffman Term expiration June 30, 2012
Frank Chiodo Term expiration June 30, 2012
Conservation Commission
Lorraine Stephenson Term expiration June 30, 2012
Council on Aging
Doris Ettinger Term expiration June 30, 2012
Flora Wilson Term expiration June 30, 2012
Jean Cahill Term expiration June 30, 2012
Fire Chief/Forest Warden
John Stephenson Term expiration June 30, 2010
Historical Commission
Linda Engelmann Term expiration June 30, 2012
Alice Coggeshall Term expiration June 30, 2012
Inspectors
Building –Mike Sauvageau Term expiration June 30, 2010
Asst. David Drugge Term expiration June 30, 2010
Wiring –James Boodry Term expiration June 30, 2010
Assistant: Peter Casello Term expiration June 30, 2010
Insurance Advisory Committee
Chris Harrington Term expiration June 30, 2010
Diane Coolidge Term expiration June 30, 2010
Nathaniel Berry Term expiration June 30, 2010
Vincent Alfano Term expiration June 30, 2010
Barbara Brown Term expiration June 30, 2010
Donna Madden Term expiration June 30, 2010
Planning Board – Associate member
James Owen Term expiration June 30, 2012
Police Chief
Vincent Alfano Term expiration June 30, 2010
Public Ways Safety Committee
Mary Ciummo Term expiration June 30, 2012
Senior Tax Rebate Advisory Committee
Clyde Wheeler Term expiration June 30, 2012
Tree Warden
Mark Caisse Term expiration June 30, 2010
Veterans Agent
Michelle Marino Term expiration June 30, 2010
Veterans Grave Officer
Harold E. Babcock Term expiration June 30, 2010
WHEAT
Bolton Rep: Brooke James Term expiration June 30, 2010
UNLICENSED DOGS
Present: Pamela Powell, Town Clerk
Ms. Powell reported that as of today there are 32 dogs that have not been licensed. During late March/early April phone calls were made to all potential delinquent residents. In April, 105 letters were sent to all delinquent licensees giving them time to license their dog(s) before the fine was instituted on May 1, 2009. In May, phone calls and house visits were made to delinquent licensees again. Certified letters will be sent to delinquent licensees around June 15, 2009 and followed up with a house visit by the Animal Control Officer. The first week of July they will come up with the final list for court although they anticipate by this time that everyone will have licensed their dog. On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to sign the warrant. (Troup – yes, Wysocki – yes, Plante – yes)
ZONING BYLAWS
Ms. Powell reported that the attorney general’s office has approved the Dog and Kennel bylaw amendment approved by voters at the Annual Town Meeting on May 4, 2009.
TRANSFER STATION STICKERS
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to increase the transfer station stickers from $2.00 to $2.50 per 30 gallon trash bags and from $1.00 $1.25 per 15 gallon trash bags. (Troup – yes, Plante – yes, Wysocki – yes)
On a motion made by Plante and seconded by Wysocki, the Board of Selectmen voted to issue 40 free stickers to seniors 61 and over. (Troup – yes, Plante – yes, Wysocki – yes)
It was reported that the recycling center is now accepting Plastics 1 through 7.
CSX TRANSPORTATION
Mr. Lowe reported that Mr. Brown, DPW Director is working with CSX transportation representatives to repair the railroad crossing on Wattaquadock Hill Road.
EXECUTIVE SESSION
On a motion made by Plante and seconded by Troup, the Board of Selectmen voted 3-0 by roll call (Plante – yes, Troup – yes, Wysocki – yes) to enter into executive session at 9:15 p.m. under the authority of Massachusetts General Law, Chapter 39B, Section 23B (3) to discuss strategy with respect to collective bargaining. The Board announced it would reconvene to open session for purpose of signing contracts.
On a motion made by Plante and seconded by Troup, the Board of Selectmen voted 3-0 by roll call (Plante – yes, Troup – yes, Wysocki – yes) to reconvene to open session at 9:30 p.m. for the purpose of signing contracts.
EMPLOYEE CONTRACTS
On a motion made by Wysocki and seconded by Plante, the Board of Selectmen voted to approve the employee contracts between the Town of Bolton and Vincent Alfano, Police Chief, and the Town of Bolton and Julie Costello, Town Accountant. (Troup – yes, Wysocki – yes, Plante – yes,)
Meeting adjourned at 9:35