Board of Selectmen Minutes
Meeting date:
Thursday, April 7, 2005
Board of Selectmen Present: Kenneth F. Troup
April 7, 2005 Stanley M. Wysocki
The Board of Selectmen met at the Town Hall at 7:00 p.m. The Advisory Committee was present for this meeting.
WARRANT
#05-20a $637,384.11
#05-20 $79,390.91
TRANSFER OF LICENSE
The Board of Selectmen held public hearing at 7:00 p.m. on an application of Firewater and Wine Inc., Gerald J. Wilson, Sr., requesting to transfer the annual, all alcoholic, package store license to Kevin Baker, Pennacook, Inc., located at 25 Forbush Mill Road, Bolton, MA 01740.
Mr. Kevin Baker was present. No abutters were present. Mr. Baker stated that he has entered into an agreement with Mr. Wilson to purchase the package store. He is a life long resident of the area and will run the store with his wife. Mr. Baker stated that they will become a member of the Mass. Package Store Association who offers extensive training that includes identifying fake ID’s, of under age people, education on the rules of Massachusetts, and how to deal with intoxicated people. Mr. Baker stated he has filed a doing business as with the Town Clerk. He would like to close on the sale on May 18, 2005.
Mr. Baker stated he looks forward to being in town and does not want the business to be known as place where under aged can purchase alcohol. He plans to be as aggressive as Mr. Wilson and if he has anyone else work in the store besides him and his wife they will also be required to attend the training.
Mr. Baker requested that the Board of Selectmen contact him if they have any questions or issues with the application.
On a motion made by Wysocki and seconded by Troup the Board of Selectmen approved the transfer of the liquor license from current owner Gery Wilson to Kevin Baker, contingent upon approval from the state. (Troup – yes, Wysocki –yes)
TOWN ADMINISTRATOR REPORT
Dee Bus Service for school buses: Ms. Ross reported that the Dee Bus Company does not need a location in Bolton to park the buses as they have found three places in Lancaster and one in Stow. They have not checked with BOSE or Future Electronics yet which would also be another possibility.
Regionalization of Veterans Agent: Ms. Ross reported that Berlin, Lancaster and Bolton are all in favor of the regionalization of the Veterans Agent. Ms. Ross is drafting a letter to be sent to Clinton stating these towns would like to continue without Sterling’s participation.
Smith Property: As requested by the Board, Loitherstein did excavating and test pits. The written report was not available for this meeting but results indicated metal, petroleum and contaminated soil that required notification to the Smith family and DEP. Ms. Ross asked the Board’s opinion of Loitherstein’s recommendation to do additional testing to determine the extent of the contaminated soil and evaluate whether or not the groundwater was affected. Ms. Ross will obtain documentation from Loitherstein to bring to the next Board of Selectmen’s meeting for review and decision.
Ms. Ross stated that it is Loitherstein’s understanding that the Smith’s are in contact with the Bing’s to test their well.
Establishment of ambulance receipts reserved accounts: On a motion made by Wysocki and seconded by Troup the Board of Selectmen voted to establish an ambulance account for receipts.
Regionalization of fire/police/ambulance: Ms. Ross reported that she has been contacted by a regional group of four other towns to see if Bolton would be interested in pursing a regional fire/police and ambulance dispatch center. The savings to Bolton could be approximately $100,000 annually. The Board was in favor of Ms. Ross exploring without making any commitments and also suggested she talk with Gigi Bonnazoli, Ambulance Director; John Stephenson, Fire Chief, and Celia Hyde, Chief of Police regarding this.
Town Administrator contract: Ms. Ross stated that her contract allows for 2 courses per year paid by the Town of Bolton. Ms. Ross asked permission to take one of the 2007 courses in 2005 so that she could finish earlier. On a motion made by Wysocki and seconded by Troup the Board of Selectmen approved of Ms. Ross taking the 2007 course in 2005. This course will be submitted to Personnel Committee for educational assistance reimbursement.
SIGN REQUEST
The Board of Selectmen approved the request of Dennis Prefontaine to install a sign (4X6) to Camp Resolute on Hudson Road to replace the sign that was hit by a motor vehicle. The sign will be installed in the same location.
MURTHA, 556 MAIN STREET
Present: Cia Boynton, Bev Mentzer, Dan Senie, Don Cole, Deb Kellett, Martha Remington, Betsy Cussen, David Lindsay
Mr. Murtha stated that in reviewing a memo from Nathaniel Tipton he wanted to first point out that there seems to be a basic lack of understanding of how a vet facility operates. Depending on the nature of the care Mr. Murtha would like to have space available on the second floor for an employee to spend the night to care for patients. He would not be charging rent. He stated he is not trying to do anything different than what has been done or being done in practices around country or the state.
In a letter, Mr. Krysa, building inspector reaffirmed the special permit that was previously obtained is still in force. Mr. Murtha stated he met with Mr. Krysa and contractor at site and reviewed things to be done to handicap ramp, stairs and means of entrance.
In response to a question asked by Mr. Wysocki, Selectman, Mr. Murtha stated that in the past when a client called after hours of operation they referred to another vet unless they were an existing client of Mr. Murtha.
The Board of Selectmen informed Mr. Murtha that he could open his business again under the existing special permit, but that it does not allow for the new use he is requesting and therefore would need to submit an official application for a public hearing to amend the special permit.
PUBLIC WAYS SAFETY COMMITTEE
Present: Cia Boynton, Bev Mentzer, Dan Senie, Don Cole, Deb Kellett, Martha Remington, Betsy Cussen, David Lindsay, Russ Karlstad
Stop Sign – Teele, Woobly and Long Hill Road – A memo from Chief Hyde was provided to Selectmen that stated she was in favor of the 4 way stop sign. Martha Remington stated although our previous Chief Wilson was not in favor of 4 way stop signs, she is in favor of 4 way stop signs particularly at Teele, Woobly and Long Hill Road. Mr. Karlstad also stated that he was in favor. On a motion made by Wysocki and seconded by Troup the Board approved the recommendation of the Public Ways Safety Committee for a 4 way stop at this location.
Traffic Rules and Order – is the authority at which the police can enforce the traffic rules and orders in Bolton which Ms. Cussen stated was last done in 1973. Ms. Cussen stated that when new signs are installed the rules and regulations must be updated to include these signs. She worked with Harold Brown and Chief Hyde a couple of years ago. She stated that when the Selectmen are ready she will amend the rules and regulations and submit to the Board. The Selectmen agreed that the rules and regulations should be updated to incorporate everything that has happened. Ms. Cussen agreed to finish the document for review by the Board of Selectmen. Public Ways Committee agreed to review the document once Ms. Cussen has completed the document.
Town Administrator Ross stated that the town has the right to make rules and orders but is not required to. Ms. Ross agreed to summarize the law for the Board of Selectmen. Then the decision could be made as to what will be included in the traffic rules and order (i.e. list of stop signs). Everyone will review the document and provide Ms. Cussen with the comments.
Wattaquadock Hill Road Truck traffic - Public Ways Safety Committee has received conflicting information regarding truck traffic and weight restrictions. It is hard to enforce a truck exclusion in a town with road going to another town. The group discussed options for re-routing truck traffic. The State has agreed to meet with the town to discuss some of the issues within town.
SPONSORSHIP FOR RESERVE INTERMITTENT OFFICER ACADEMY
The Board of Selectmen approved the recommendation of Chief Hyde to sponsor Theodore Staake and Shawn Izzo in the Reserve Intermittent Officer Training Program offered through the Massachusetts Criminal Justice Training Council in Boylston.
2005 POSITIVE SPIN FOR ALS CHARITY BIKE RIDE
The Board reviewed the request of Myke Farricker to allow The Positive Spin for ALS to ride through Bolton on Sunday, June 12th.
PROPERTY FLOODING
Present: David Lindsay, Russ Karlstad, Tim Fiehl, Pat Bensetler, Cia Boynton, Mr. Quinlan, Martha Remington, Betsy Cussen, Mr. Callinan, Denise Fitzgerald, Karen Augustine
Golden Run Road: Mr. Troup stated that this has been a problem for quite some time, with the last meeting being at a time when the subdivision was being completed. Mr. Troup stated that the town’s engineer was asked to look at moving the water off the roadway, but involved the water going on someone’s property and no one wanted it so it was not done.
Mr. Callinan provided the Board of Selectmen with photos of his flooded property and stated he wrote the town in the year 1999 and 2000 about a similar situation where the water ended up in his yard. The drainage is not adequately provided for and he wanted to know what the town was going to do to stop flooding his property.
Mr. Wysocki stated that the design of the two catch basins was done based on recommendation of Mr. Callinan’s engineer. This was a result of Mr. Callinan’s opposition to the town’s proposed piping and the threat to sue the town if the town did not install the piping as recommended by his engineer. Mr. Callinan went on to state that if the proposal of his recommendation was incorrect it was up to the town to go back to court to resolve.
DPW also made one recommendation to move water collecting at that location, some of which is caused by a vernal pool, and channel the water from that location through a swale or piping. The piping had to go through Mr. Callinan’s property which Mr. Callinan did not wish to entertain.
Mr. Wysocki stated that the solution was still an option and asked Mr. Callinan directly if he approved of this. Mr. Callinan continued to deny acceptance of the option. Mr. Callinan stated that Harold Brown, DPW came to his house prior to Quail Run development being developed and discussed the basin and he told him that was not a solution. Mr. Callinan’s position is that it is clear a road was put in and adequate drainage has not been provided. It is evident the town has a road and it is flooded; when traffic goes through creates a wave that goes on his property. The town’s problem has become his and should not be.
Denise Fitzgerald, of 67 Golden Run Road stated this is the third time in 5 years that her driveway has been flooded. She said that no one could get out of her driveway. She has had the driveway resurfaced at $5,700. She did not have a problem until Quail Run was developed.
Betsy Cussen, Town Clerk stated that there are many pictures before Quail Run was developed that will show the water coming off the hill into the bog. Ms. Cussen stated that it is not fair to blame the Quail Run development. Mr. Brown, DPW director reiterated that the problem was there long before the Quail Run development and had previously provided the Board with four options.
Mr. Callinan stated that times have changed and Golden Run Road is a heavily traveled road and the existing drainage is not adequate. Ms. Fitzgerald did offer a solution on her property.
Mr. Karlstad stated the design was forced on the town by a law suit of the town. The solution is to allow the town to solve the problem and don’t stop it.
Mr. Troup stated that at the beginning of the budget process the Selectmen had an article on warrant that was dropped for the warrant. At this point the town does not have money for this. Mr. Karlstad stated that we should look at alternatives again to fix the problem and asked everyone to be understanding of the suggestions. Mr. Brown suggested piping down the road.
Mr. Karlstad gave his opinion that unless abutters agree to work with us the town should not spend any money.
Ms. Remington stated that from an historic point of view, where Colby home built is the place homes should have been built. You take a risk when building a home on a hill and you should plan on a wet basement and don’t see how town can responsible for flooding.
Mr. Wysocki asked the neighbors to be open minded to the option of piping water through their property.
Mr. Callinan asked about the immediate issue of the road, Selectmen agreed they are not proposing any solution to the current problem.
The Board of Selectmen agreed to look again at the options previously proposed and would do what they could with the resources they have.
Main Street Beaver Situation
Present: David Lindsay, Russ Karlstad, Tim Fiehler, Pat Bensetler, Cia Boynton, Jack Quinlan, Martha Remington, Betsy Cussen, Karen Augustine, Conservation Commission member
Karen Augustine, Conservation Commission member stated that the Conservation Commission has spent about $3,500 so far on the beaver situation. Initially the Conservation Commission sent Beaver Solution out and problem was mitigated for a while. With recent rain the level has risen. Ms. Augustine stated that the Conservation Commission can go back and try to extend the contract with Beaver Solutions.
Mr. Quinlan took a walk through the area starting at the town park through path at Emerson School where Playground is all flooded. A number of saplings have been taken down by beavers. He continued walking down the cart path passed Emerson where there is a dam with a pipe which seems to be running pretty well. There are at least two beaver ponds and a giant beaver dam and he does not see a pipe there. He suggested a site walk be done. Mr. Quinlan strongly urged that beavers be taken out to eliminate the habitat.
Tim Fiehler stated that the beaver fencing was installed and it does help to the extent that he does not have to go down every day to pull things out. The beavers are active and it looks as though they will be dropping some large trees behind the historical society building soon. The historic bridge has eroded away.
Pat Bensetler suggested taking beavers out and then cleaning up the dams.
Martha Remington, as a resident reiterated the need to get rid of the beavers so that the dams can be taken down. Cia Oschenbein agreed with what everyone has said. She feels we have gotten to this point because each year the water has gotten higher and higher and the runoff has created this huge problem. The bridge from sheep field to Emerson has huge holes in it again.
Mr. Quinlan stated the immediate solution is to take the beaver dams down to draw the water level down to solve the problem of flooding the properties.
The Board of Selectmen was favorable to the breaching of the dams with understanding that it would be coordinated with the Conservation Commission and the Board of Health.
Meeting adjourned.