August 24, 2015
The regular meeting of the Board of Selectmen was called to order by Chairman Soter at 7:00 PM with all members in attendance.
Chief Financial Officer – Note Signing
Mr. Laviolette requested the Board authorize an interim loan note in the amount of $13,300,000 issued for the purpose of financing the Town-wide drinking water treatment facilities construction. The interest rate on the new interim loan note is 0.10 percent per annum.
On a Mayhew/Spencer motion, the Board unanimously voted to accept and sign an interim loan note in the amount of $13,300,000 for the purpose of financing the Town-wide drinking water treatment facilities construction per Mr. Laviolette’s recommendation.
Conservation Commission Interviews
It was announced that Mrs. Matthews will be filling the Conservation Consultant’s Position and stepping down as a ConCom member, leaving four positions to be filled.
- Lori Fafard – Ms. Fafard stated she has been on the Commission for 9 years and stated she is passionate about conservation.
Mr. Connor asked Ms. Fafard how often she has disagreed with the majority of the Commission members. She stated she can think of approximately 3 times, most dealing with an Eagle Scout Project feeling there isn’t a lot of follow-thru with the projects.
Mr. Spencer asked Ms. Fafard to express her feelings on unfunded EPA – DEP mandates. Ms. Fafard stated the Town has a very good reputation with DEP and feels some of the mandates are needed. Ms. Fafard also stated she is a town resident when asked.
Mr. Connor asked Ms. Fafard her feelings on the Town’s wetland bylaw being more aggressive than the State regulations. She stated Bellingham stands by the Water Protection Act noting the Town has water resources that need to be protected.
Mr. Martinis asked Ms. Fafard if she ever voted on a project (either approve or deny) where she felt she made a mistake. She stated she felt it was a mistake to vote on septic repairs on Silver Lake or Box Pond. She feels she may have not been tough enough with her vote.
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Mr. Soter asked if there’s any project she would have voted on differently. Ms. Fafard stated the Toll Brothers project. The nature trails could have been opened up more and not as many houses built.
- Barry Lariviere stated he has been a member of the ConCom for 15 years, 8 as vice chair and a former Board Member of the Metacomet Land Trust.
Mr. Spencer asked Mr. Lariviere his feelings on unfunded state mandates. He stated he is not in favor. He stated he is not a town resident when asked.
Mr. Martinis asked Mr. Lariviere about the wetlands bylaw being more restrictive than the state regulations. Mr. Lariviere stated the bylaw gives the ConCom more teeth when making a decision.
Mr. Soter expressed his feelings that the wetlands bylaw is difficult for residents to understand & asked Mr. Lariviere his feelings. Mr. Lariviere stated he has had helped many residents when contacted about the bylaw.
Mr. Connor asked Mr. Lariviere if he has disagreed with other members of the Commission. He stated he has disagreed quite often with him leaning toward the environment and other members toward the developer. Mr. Connor asked Mr. Lariviere why he wants to continue serving on the Bellingham ConCom when he doesn’t live in Town. He stated he lived in town for many years and although he is no longer a resident, he still has an interest in protecting Bellingham’s environment.
- Brian Norton stated he has been on the Commission for 6 years and has completed 6 of 8 units to receive his certification.
Mr. Connor asked Mr. Norton if he has disagreed with other members of the Commission. He answered in the affirmative, but also stated at times, he’s been swayed to change his vote.
Mr. Martinis asked Mr. Norton if he can think of anytime he would have voted differently on an issue and he answered no.
Mr. Spencer asked Mr. Norton his feelings regarding the huge financial impact unfunded mandates have on the Town and he stated he is against these mandates.
- Michael Roche stated he is a Bellingham resident and currently works for the Bellingham Public Schools as the Maintenance Dept. Clerk. He also stated he has ten plus years reviewing, interpreting and applying various Federal and State laws.
Mr. Roche was asked why he chose to apply to the ConCom and stated he has gained a great appreciation for nature over the years and he wants to be a part of protecting the character of Bellingham.
The Board asked Mr. Roche his feelings on the Wetlands Bylaw. He stated the Town’s Wetlands Bylaw is important to have in place, but does not feel it needs to be more restrictive than the State regulations.
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Public Hearing – Bellingham Estates Street Acceptance
Mr. Soter read the public hearing notice. On a Mayhew/Spencer motion, the Board unanimously voted to continue this hearing at the conclusion of the ConCom interviews.
- Shawn Wade stated he has been a resident for the past 7 years and is looking to become more involved in the town.
When asked by the Board why he chose the ConCom he stated he was drawn to the Commission because he and his daughters have come to appreciate nature.
He also stated that he and his wife come from Mansfield and have witnessed how much it has changed. He would like to help keep Bellingham as is.
Mr. Wade was asked about unfunded mandates and he stated he would love to see the State at least meet the Towns half way with funding.
Mr. Matthew asked the two applicants if they would be willing to take courses and they both answered in the affirmative.
Mr. Mayhew made a motion, seconded by Mr. Spencer to reappoint Barry Lariviere to a three-year term on the ConCom. Mr. Mayhew & Mr. Spencer voted in affirmative; Mr. Connor, Mr. Martinis and Mr. Soter opposed. The motion failed on a 3-2 vote.
On a Connor/Martinis motion, the Board unanimously voted to reappoint Lori Fafard to a three-year term on the ConCom.
On a Connor/Spencer motion, the Board unanimously voted to reappoint Brian Norton to a three-year term on the ConCom.
On a Spencer/Martinis motion, the Board voted to appoint Michael Roche to a three-year term on the ConCom. Mr. Mayhew abstained; all other members voted in the affirmative.
On a Mayhew/Connor motion, the Board unanimously voted to appoint Shawn Wade to the unexpired term on the ConCom.
Public Hearing – Bellingham Estates (continued)
Attorney Kablack appeared before the Board on behalf of Bellingham Estates Homeowners Association. He stated at a Selectmen’s meeting held in May of 2014, the Board voted that an independent engineer review the drainage complaints pertaining to Bellingham Estates. Another condition of the street acceptance was the Town’s indemnification of the on-going litigation between Mr. & Mrs. Morse and Toll Bros. Attorney Kablack informed the Board that the Town’s indemnification has been forwarded to Town Counsel.
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Professional Services Corp., PC was hired by the Town as the independent engineer to review the drainage issues with John Rhoads, Senior Project Manager present this evening. He stated a drainage swale was recommended in his report letter of August 27, 2014 as a corrective action to reduce surface water runoff flowing from Bellingham Estates onto Fox Run Road properties. He went on to state that Toll Brothers completed the construction of the swale and on July 13th viewed the constructed swale with William Keaton of Toll Brothers. His observation was that the swale has been constructed in substantial compliance with the recommendations found in the report letter. He stated Bellingham Estates HOA will be responsible for the maintenance of the swale and also recommended as a final step
that maintenance tasks for this swale be added to the HOA Agreement.
Mr. Soter asked if there was anyone present to speak on the hearing.
Alan McQuarrie of 36 Fox Run Road asked if the Board could wait on this street acceptance recommendation until next year allowing the swale to be tested during a winter season.
Frank Morse of Center St. stated he has done some work for the town in the past and he does not feel this plan will work.
Anne Morse of Center St. also felt this street acceptance should be put off until next year to see if the swale will withstand a high water table season.
After discussion with Michael Morin, Pres. of the HOA, Patricia Trumm, Vice Pres. of the HOA and the Board of Selectmen as to the swale maintenance, Mrs. Trumm stated the HOA will maintain the swale.
On a Connor/Mayhew motion, the Board unanimously voted to close the public hearing. On a Connor/Martinis motion, the Board unanimously voted to move forward with the Bellingham Estates Street Acceptance at the October 14th Town Meeting.
On a Martinis/Mayhew motion, the Board unanimously voted to authorize Chairman Soter to sign the Project Funding Agreement, and any amendments thereto, for the South Elementary School Project between the Town and the Mass. School Building Authority.
On a Martinis/Mayhew motion, the Board unanimously voted to place an article on the October 14th Town Meeting Warrant for the Pearl Street Mill Demolition.
On a Connor/Mayhew motion, the Board unanimously voted to place an article on the October 14th Town Meeting Warrant amending the General Bylaw pertaining to Class II Used Car Dealers Licenses allowing that no more than 20 used car licenses be issued by the Selectmen. If more than 20 licenses exist, no new licenses may be issued until the number of licenses falls below 20. This will not affect the transferring of the license on the same premises.
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On a Mayhew/Spencer motion, the Board unanimously voted to recommend a million dollar bond for various roadway improvements throughout Town.
On a Mayhew/Spencer motion, the Board unanimously voted to accept the minutes of June 29th as submitted.
On a Mayhew/Martinis motion, the Board voted to accept the minutes of 7/20 as submitted. Mr. Spencer abstained; all other members voted in the affirmative.
On a Martinis/Mayhew motion, the Board unanimously voted to approve the following abatements: residential water, $1546.36; residential trash, $392.00; residential sewer, $676.34; municipal water, $4788.07 and municipal sewer, $623.85.
On a Mayhew/Connor motion, the Board unanimously voted to adjourn the meeting at 9:40 PM.
Respectfully submitted,
Jacqueline A. Bokoski
Administrative Assistant
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