Board of Selectmen Minutes

Board of Selectmen                              Present:        Lawrence Delaney        

January 22, 2015                                                       Stanley Wysocki

Town Hall                                                                   Mark Sprague

                                                                                   Don Lowe, Town Administrator

                                                                                  Linda L. Day, Town Secretary

Chairman Delaney called the Board of Selectmen’s meeting to order at 7:00 p.m.

PUBLIC HEARING – CONDYNE, 580 MAIN STREET

The Board of Selectmen opened the public hearing continued from December 18, 2014 to act upon the application of Condyne Capital Partners, LLC, for a site plan review pursuant to the Code of the Town of Bolton, Section 250.23 to construct a 25,000 square foot assisted living facility at 580 Main Street, Bolton, MA 01740.  The Board of Selectmen received a request from the applicant to continue the hearing.  On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to continue the hearing to February 5, 2015 at 8:30 p.m. at the Houghton Building, 697 Main Street.   (Delaney – yes, Sprague – yes, Wysocki – yes)

TOWN ADMINISTRATOR REPORT

Update on Minuteman:  Mr. Lowe reported that the Communications and Building Committees are scheduled to meet to review and finalize renderings and cost estimates for the four options related to the school renovations.  The School Committee will also attend this meeting.  The four options include 1) new building, 2) new building/rehab, 3) renovation, or, 4) doing nothing but code repairs.  The Board of Selectmen and Advisory Committee have been invited to attend a Municipal Meeting on Friday, February 6, 2015 for a presentation of the renovation costs.

BOLTON ACCESS TV AGREEMENT

Mr. Troup met with the Board of Selectmen to discuss and answer any questions related to the draft agreement between the Town of Bolton and the Bolton Access Television Corporation Designating Bolton Access TV the Public, Education and Government Access Provider.  The agreement is for the next three (3) years, with the potential for a ten (10) year agreement depending on how the next three (3) years go.

The merger between the Town of Bolton and the Town of Lancaster is on hold and

Bolton Access Television has hired a consultant to review the operational procedures.

 

On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to ratify the agreement between the Town of Bolton and Bolton Access Television Corporation.  (Delaney – yes, Sprague – yes, Wysocki – yes)

The Board of Selectmen were favorable to the proposal to reduce the rent from $1,200 to $600 for the space at the Houghton Building.  

POLE HEARINGS

Kelly-Ann Condon representative for Verizon New England attended the three pole hearings scheduled for this evening.   Ms. Condone stated that NGRID is doing a lot of preventative maintenance to upgrade pole lines to increase the span between existing poles.  

Mr. Caisse, Tree Warden who was not available to attend this meeting informed Mr. Lowe that tree removal was not required but it was possible that some pruning would be necessary.

Wattaquadock Hill Road:  The Board of Selectmen held a public hearing on the petition of Verizon New England, Inc. and Massachusetts Electric Company (NGRID) to place three (3) jointly owned poles on Wattaquadock Hill Road. On the westerly sideline, place new jointly owned Pole No. T.78-5/E.56-5 approximately 380 feet southerly from the center line of West Berlin Road, then on the easterly sideline, place new jointly owned Pole No. T.74-5/E.60-5 approximately 1,110 feet southerly from the center line of West Berlin Road, then on the easterly sideline, place new jointly owned Pole No. T.70A/E.64-5 approximately 755 feet northerly from the center line of Sunset Ridge Lane.

Ms. Remington requested that NGRID provide a bigger picture of what is happening on Wattaquadock Hill Road where there is at least 30 trees slated for removal and explain why they are proposing a three phase power in Bolton.  Mr. Ferry suggested that the Selectmen put conditions on approvals for the poles because of the scenic nature of the road.

On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to approve the pole hearing.  (Delaney – yes, Sprague – yes, Wysocki – yes)

Wattaquadock Hill Road:  The Board of Selectmen held a public hearing on the petition of Verizon New England, Inc. and Massachusetts Electric Company (NGRID) to place four (4) jointly owned poles on Wattaquadock Hill Road.  On the easterly sideline, place a new jointly owned Pole No. T.64-5/E.70-5 approximately 650 feet southerly from the center line of Sunset Ridge Lane, then on the easterly sideline, place new jointly owned Pole No. T.63-5/E.71-5 approximately 910 feet southerly from the center line of Sunset Ridge Lane, then on the easterly sideline, place new jointly owned Pole No. T.62-5/E72-5 approximately 1,180 feet southerly from the center line of Sunset Ridge Lane, then on the westerly sideline, place new jointly owned Pole No. T.61-1/E.74-84 approximately 1,445 feet southerly from the center line Sunset Ridge Lane.

Mr. Udall, 380 Wattaquadock Hill Road was satisfied with pole T.64-5 being located between his driveway and the driveway of 376 Wattaquadock Hill Road.

Ms. Kathleen McKenna, 408 Wattaquadock Hill Road was concerned with the location of pole T.62-5 blocking her view.  Ms. Condone will visit the site again to discuss with Ms. McKenna.

On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to approve the pole hearing contingent on Ms. McKenna agreeing to the location of the pole. (Delaney – yes, Sprague – yes, Wysocki – yes)

Old Bay Road:  The Board of Selectmen held a public hearing on the petition of Verizon New England, Inc. and Massachusetts Electric Company (NGRID) to place 1 jointly owned pole on Old Bay Road.  On the easterly sideline, place new jointly owned pole No. T.95-1/D.32.5 approximately 47 feet southerly from the center line of Wattaquadock Hill Road.  

Residents expressed their concerns with the double poles being an eye sore and urged the

Board of Selectmen to deny the pole hearings but state law prohibits the Town from denying these pole hearings.  Mr. Lowe reported that he is working with Representative Hogan to address the double pole issue.  

Ms. Nancy Ela was not against the proposal but was concerned about the pole interfering with the line of site at the intersection.  

On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to approve this pole hearing contingent on Ms. Ela agreeing to the location of the pole and guy wire.  (Delaney – yes, Sprague – yes, Wysocki – yes)

PROPOSED BYLAW PROHIBITING JAKE BRAKES

The Planning Board proposed an article for Town Meeting that would prohibit excessive noise caused by the use of compression brakes and requested comments from the Board of Selectmen.  The proposed bylaw reads as follows:  

The intent of the bylaw is to be specific to the entire Town of Bolton and not just Route 117.  

Mr. Jonathan Keep, a member of the Planning Board and resident of Main Street stated that he hears the brakes from 4:30 a.m. to 10:00 p.m.  He said that the truckers use the jake brakes unnecessarily to save wear and tear on their friction brakes.  Mr. Keep would like to use the federal EPA transportation guidelines of 80 decibels at 50 feet and suggested that the Police Department purchase a decibel meter to enforce the bylaw.

Police Chief Alfano expressed his concerns about the proposed bylaw.  While he is aware of the noise caused by the jake brakes he is concerned about prohibiting the use of legal safety equipment and the liability the town could be faced with if there was an accident because the driver was prohibited from using the jake brakes. He is concerned with the cost of the decibel meter and the cost of the training for all the police officers and overtime for officers to appear in court.  Chief Alfano reached out to other departments that have the bylaw and he stated that it is not enforceable and if appealed would be thrown out of court.   As an alternative Chief Alfano recommended that signs be put up asking that the truck drivers “limit use of the compression brakes”.

Chairman Delaney was willing to sponsor the article and Mr. Sprague suggested trying the sign approach while Mr. Wysocki thought the Board should defer to the Selectmen’s meeting on February 5, 2015.    The Selectmen stated that 10 signatures were required to put the article on the warrant as a citizen’s petition.

BOARD OF SELECTMEN BUSINESS

Selectmen’s Resolution regarding Tennessee Gas Pipeline:  The Board of Selectmen agreed to place the their resolution against the Tennessee Gas Pipeline expansion on the warrant for the Annual Town Meeting on May 5, 2015 as requested by the Stop the Pipeline Committee.  

Review the process for Dangerous Dog Hearing: The options would be to keep the hearing process under the responsibility of the Board of Selectmen or transferring the responsibility to Police Chief Alfano. Police Chief Alfano and Susan Latham, Animal Control Officer suggested a Committee comprised of three members, designed by position (not personal names) as to maintain the integrity of the Board should a member leave.  The Selectmen questioned whether the statute would allow for such a Committee to be formed.  Chief Alfano and Ms. Latham will research the statute and contact the Animal Control Officer Association of Massachusetts for their opinion.  The decision was deferred.

Tri-Town Meeting:  The next Tri-Town Meeting will be held on January 7, 2015 at 7:00 p.m. in Stow.

On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to approve the regular and executive session minutes of September 25, 2014.  (Delaney – yes, Sprague – yes, Wysocki – yes)

On a motion made by Sprague and seconded by Wysocki, the Board of Selectmen voted to adjourn at 9:20 p.m.  (Delaney – yes, Sprague – yes, Wysocki – yes)

Respectfully submitted by Linda L. Day