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Board of Selectmen Minutes 02/12/2007
Date of Meeting:            Monday, February 12, 2007

Location:                       Town Hall, 221 Main Street

Time:                            6:30PM – 10:15 PM

Members Present:         Chairman James Stanton, Roger Deal, Ken Sydow

Others Present:           Suzanne Olsen, Town Administrator; Gregory Angelini, Town Counsel; Michael Kane, Banner Reporter; Lori Esposito, Administrative Assistant; Others as listed on attached sign in sheet.


Financial warrants were signed in approval.

Meeting was called to order at 6:30pm.


Town Administrator’s Report

Donna Erickson’s retiree insurance:  Ms. Erickson is requesting BOS reconsider effective date of health insurance coverage (voted January 26th; backdate to January 1, 2007).  Roger Deal questioned why - isn’t she content with what we offered?  Are there outstanding claims between January 1 and January 26?  Sees no reason to backdate it.  Ken Sydow agrees with Mr. Deal.  Jim Stanton said that she was here on January 26th when BOS voted and she should have asked then.  It has already been voted on, the Board does not want to retro date it.

Community Preservation Act:  Would like on ATM warrant due to potential benefits being gained through grants.  If willing to consider, Sue Olsen will research it.  Jim Stanton asked who asked about it; Sue Olsen met with Michelle Ciccone (grant writer) last week, and she recommended the town do it.  Mr. Stanton asked Mrs. Olsen if she thought there would be an immediate benefit.  Otherwise, if not urgent, he would prefer to hold.  Also does not want Sue spending time now to research it, but if Ms. Ciccone wants to do the research and propose to the Board they will consider it.  Only three weeks before ATM warrant is finalized.

WRTA:  Muffy Bigelow called Sue Olsen and asked if Roger Deal is attending WRTA meetings.  No, Mr. Deal said he hasn’t had time to get to the meetings, they usually conflict with his schedule on Thursday mornings. Mr. Deal would like to find someone else to be rep.  Jim Stanton cannot do it.  Sue will ask Jane Meegan for suggestions.  Only inquires that have been made to date re: WRTA are from Ms. Bigelow.

Level 2&3 Sex Offender Bylaws: Existing resident sex offenders not affected if/when a bylaw is passed.  Sue Olsen asked for input from the Board.  Bylaw would preclude them from living in certain geographical locations (e.g., near schools, etc.).  West Boylston has bylaw (penalty of $500/day was prohibited by state); $300 max/day.  Roger Deal asked to what extent could we enforce such a bylaw, would like Police Chief Sahagian’s thoughts.  Ken Sydow feels we should see how other towns “test” with it; be sure no legal implications.  Mr. Stanton would like to pursue/address adult entertainment bylaw in the meantime.

Town House A/C:  Needs vote.  Roger Deal asked if seniors will relocate in future; is it worth spending money now.  Jim Stanton said it is ok to install downstairs unit, and find out what it would cost to get bigger unit for upstairs.  All in agreement.

Quinn Engineering (Carl Hultgren & Frank Tomaiolo) – Requesting permission to cut drive into East Temple Street; lower surrounding banking by about 10’ to allow visibility.
Jim Stanton asked how far from Route 140 is proposed cut?  About 200’. Ken Sydow asked does it meet code requirements.  Mr. Hultgren said yes.  He also said the building will sit about 3’ higher than Route 140.  Don Parker said it seems it will improve the area and sight distance.

Carol Murphy (1 Carol Drive) asked where is cut compared to current driveway and was told about 100’ closer to Route 140.

Paul Tucci (65 East Temple Street) – concerned with water drainage.  Mr. Hultgren said a trench drain is across entire width of driveway, drains to infiltration basin, then infiltrates or discharges to Route 140.

Tina Ellison (64 East Temple) – Says the Planning Board allowed 49 parking spaces, roughly 1,000 cars/day anticipated. She is concerned about traffic onto East Temple.  Mr. Hultgren said that as of now, they don’t know exact use of building so he can’t anticipate number of vehicles per day passing through.  1,000 cars per day was estimated as maximum possible based on catch basin.  Quinn Engineering will have traffic report before meeting with the Planning Board again.
Mr. Tucci feels there is too much traffic now, and doesn’t feel it is necessary to have a “back” entrance.  Perhaps a light is needed.  Mr. Hultgren said he doesn’t feel this property would generate enough traffic to have light.

Carrie Niemac (4 Carol Drive) – People walk on the road, and it is currently dangerous; believes sidewalks should be considered.  Believes E. Temple entrance will be used as a cut-through since traffic backs up to that proposed entrance.  Mr. Hultgren said a cut-through could be dealt with by putting up signs, and then police can enforce.  Ms. Niemac has a problem with the traffic already, feels this will make it worse.  Mr. Hultgren said traffic is a concern, and they will try to have traffic study completed before the next BOS meeting February 26th.  Study is currently underway.

        Jim Stanton asked why not use existing drive?  Mr. Hultgren said it requires better sight line.

Carol Murphy asked why is it necessary to have East Temple exit?  Mr. Hultgren said it offers more access to the site.  Mr. Tucci asked if they were trying to draw more traffic down East Temple? No.

Bonnie Johnson (5 Pine Street) – Asked what is mechanism to access the property from Route 140?  Mr. Hultgren said same as other curb cuts on Route 140.  Planning Board requested this access.  Jim Stanton said this is not the purpose of this hearing.  Only purpose is to cut into East Temple.

Hearing continued to February 26th.  Carl Hultgren will contact Lori Esposito to schedule.

Fire Chief Flanagan: Monthly report to the Board.

Received notice from FEMA that FY07 grant for SCBA (self-contained breathing apparatus) has been awarded in the amount of $107,274.  Town’s share is $7500; grant is to replace 18 air packs with 18 spare bottles, individual face masks for all firefighters, a filling station and rapid intervention kit for firefighter safety.  New air packs will be compatible with surrounding towns, making mutual aid much easier.

State equipment grant applied for ($3900) for purchase of ice rescue sled and cold weather work suits and vests.

New emergency generator is operational.

Engine 2 estimate/payment received from MIIA insurance ($1,700), too low.  Greenwood tire apparatus assessed at $4K; they are dealing directly with MiiA for additional reimbursement.

Recently began inspecting all businesses in town.  Will be done on yearly basis.

FY08 FEMA Grant  - Starting writing to request $65K for exhaust purification equipment on all apparatus.  Substitute for a building exhaust system, which the fire station is too small for.  Will eliminate toxic exhausts emitted into building from vehicles.

Will attend Fire Chiefs of MA Professional Development seminar in Leominster, end of this week.

Don Parker, Highway Superintendent

Received additional request from Worcester Pistol & Rifle to put up “adopt a highway” signs (2) - one near gravel pit; one off Route 140.  Same size as Mass Highway signs; they will purchase.  Board approved. 

Jim Stanton informed Don that the 24 Maple Way (Samra) Covenant/Easement form was agreed/approved by Attorney Angelini. Mr. Stanton motioned to accept; Roger Deal seconded; all in favor.  Attorney Angelini will have him send with $75 recording fee and then have BOS sign.

Chapter 90 funds approximately $56K; new truck will be approximately $200K.

Pauline Berard retiring March 7th.

Jim Stanton asked why digging up manhole covers in development behind Stiles Road.  Don Parker not sure, maybe they were cleaning them.  He will look into it.

Board of Assessors (Margo Richardson & Andy Bunikis) re: Linden St. Extension:  Margo Richardson looked through their records and has nothing re: value of parcels.  This was a County road that was never conveyed to town.  Sue Olsen also did not have anything.  Ms. Richardson called Jim Keane (appraiser), who said there is no value since it is a “paper” street.  Attorney Angelini asked could assessors send letter to him with respect to their findings.

Chapter 61 Land, Lots 3 & 4, Cross Street development:  Request received for BOS to waive first right of refusal for land.  This was already done when land was sold in 2004.  Roger Deal motioned to ratify Board to waive its right of first refusal of said land  as originally agreed and signed in September 2004; Ken Sydow seconded; all in favor. 

Moe Boisiert/YOU, Inc.:  Lease discussion.

About one year ago, Mr. Boisvert came before the BOS to renew lease. YOU Inc. rents the Flagg House from town, did capital improvements last year in lieu of increased rent.  New roof = $7,370 (est. at $5K); 50% of building painted for about $5K; $12,370 in capital improvements since last year.

This year, the state put out all DSS contracts to bid; YOU, Inc. has been funded, but changed model from unit rate to cost reimbursement model.  When YOU, Inc. re-bid the contract, compared to Oxford House (Oxford), which costs $66K to operate; and Grafton House (Grafton) costs $51,792 to operate.  To operate property here is $43,930 before rent; $83K including rent.

YOU Inc. will continue to add capital improvements to keep up property and value.  They plan to do kitchen tile, bathroom upgrade, 2nd half of painting (approximately $10K expense). Received funding for program in another municipality, but would like to renew lease for three years at same current level of $40K.  Will also do capital improvements. Roger Deal motioned to continue lease for three years at same rate, subject to approval and execution of lease; Ken Sydow seconded; all in favor.

Mark Bertonassi, Building Inspector:  Montly report to the Board

Toured Rand-Whitney in Worcester (Grove Street).  Classified as light industrial development.  Facility was immaculate.

Jim Stanton asked what happened when he went to FinComm budget hearing.  Mark is looking for increase in budget to assist in maintaining his vehicle and value/depreciation of it.  Requesting $2,400/year for this expense.  Additionally, expenses requested are $4,600 (from $2,000 in FY07). 

Ken Sydow gave draft of Tech Review Committee to Mark and Rick Baker.  Discussed briefly.  Mr. Baker said it could eliminate some meetings, but requirement by applicants would be voluntary.  Mr. Bertonassi is involved with similar committee in Hudson, works well and saves time.  Meetings are held during the day.

Reviewed earlier Quinn Engineering hearing with Mark and Rick Baker (Planning Board).  Roger Deal says bottom line is no one wants it in his or her backyard.  Mr. Baker guesses there’s no way to have internal traffic flow on that site unless there is a back access.  Planning Board waiting for traffic study, as well as BOS approval for curb cut.

Rick Baker, Planning Board (re: Sewall Street Widening)
If any thought of having state do traffic study work on Route 140, talking about 10-15 years to wait (unless town wants to pay).  Ray Duffy believes nothing should be done without traffic study.  Howard Drobner feels nothing should be done on Route 140 until a decision is made for proposed traffic light.  Mr. Baker estimates that a traffic study for Route 140 could be as much as $50K.  CMRPC could do it, but if agreed, will be on the waiting list with over 40 other towns, and the wait could be significant.  If BOS writes to District Commissioner regarding concern and would appreciate if state could undertake study, the Commissioner would make a decision.

Roger Deal asked would it be worth $50K in long-run to the community.  Mr. Baker could not answer; but we’d also have to consider how to raise money to implement suggested improvements.  Mr. Stanton agrees with Mr. Deal that it should be done at town’s expense.  It will at least be a blueprint to know what improvements are necessary to have implemented by incoming developers.

Mr. Baker’s suggestion is to perhaps have developer pay for traffic study instead of widening Sewall Street; cost likely the same.  Mr. Stanton would like a letter sent to CMRPC Commissioner, as well as put article on ATM warrant.

Mr. Deal has tremendous concerns about safety/danger of Route 140, but even if traffic light is needed, there will be opposition.  Mr. Stanton said the study is still necessary to alleviate concerns of townspeople that try to prevent incoming commercial developers.  Should alleviate problem in the long run by eliminating speculation about possible solutions vs. definitive plan. 

Mr. Sydow said even if study is just lower end of Route 140, it will help support the difficult decisions the Planning Board needs to make.

Mr. Deal asked what if study says traffic can’t support businesses on Route 140?  Mr. Stanton said we could deal with property owners to improve overall safety and design.Mr. Baker will find out what traffic study will cost and let BOS know.  Will be put on the warrant for the May town meeting.

Attorney Angelini wrote letters regarding the Sewall Street widening, but does not expect response from developer; he will follow up with them

Mr. Deal asked Mr. Baker’s opinion on Technical Review Committee.  He said depends on applicant’s willingness to work with the Committee.  Danger is presumption of applicant that going through committee assumes an approval from Planning Board.  Doesn’t believe anyone on Planning Board would disagree.

Judith Bottom (Historical Commission Appointment):  Letter received from Historic Commission Chair, requesting Ms. Bottom be appointed as seventh member.  Ms. Bottom was present.

Jim Stanton questioned if she is already involved – no, but is involved with Historical Society.
Ken Sydow asked why Ms. Bottom wants to be on the Commission.  Ms. Bottom said she has been in town since 1939 and knows a lot about town history.
Roger Deal motioned to appoint; Ken Sydow seconded; all in favor.

Kim Ames (Brooke Road): ERB Fine:  Derek and Robert Clark also present.

Mrs. Ames has left messages with Sue Olsen regarding fine; hasn’t returned calls. Mrs. Olsen has not had a chance to call back or send follow-up invoice regarding the fine.

Ken Sydow questioned if ERB permit was needed and if fine was necessary. Derek Clark said material brought into site, not removed.  Mr. Sydow agrees with Building Inspector and ERB.  Should come in, discuss at future meeting.  Robert Clark said if they don’t agree, they will take the town to court.

Mr. Deal said to be fair, let’s get all parties together and present basis and findings of fine.  Ms. Ames said their company is good to town, lets town borrow equipment, set in drains, etc.

Continued to February 26th .

Sign Requests:

Elementary School: Jim Stanton motion to approve Family Bingo signs; Ken Sydow seconded; all in favor. 

 Massachusetts Motorcycle Association:  Request to place 2’x8’ motorcycle safety sign on Town property as part of awareness campaign.  Ken Sydow motioned to approve; Jim Stanton seconded; all in favor, subject to acceptance of Officer Rajotte.

Adult Entertainment BylawSue Olsen will look into surrounding towns.

Grant-Seeker  $15K seed money needed to help bring in capital to offset town projects with state and federal grant money.  Dave Butler (FinComm) supports.  Ken Sydow asked what are potential grants and their value?  Michelle Ciccolo (grant-seeker) needs to present to Board; previous experiences, potential grants specific to Boylston, etc.  Sue Olsen will contact her for proposal/possible meeting by February 26th.

Route 140 / Peter Brovenzi Development Update:  Sue Olsen spoke with attorney interested in developing the project, Mr. James Moriarty.  The project is progressing; they want to have all their ‘ducks in a row’ before the next meeting with the town.  They still have a definite interest in pursuing.

Horizon Partners/Gravel Pit Sale:  Attorney Angelini said P&S indicates, “in no event shall the purchase price be greater than $560K.”  Reduced offer of $360K is not responsive to the original bid. 

 Jim Stanton said we need to respond to Horizon, inform that $560K is lowest price.

Sue Olsen said if we re-bid property, NHESP may keep entire wood turtle buffer zone in place.  She will write letter to Horizon on behalf of Mr. Stanton.


The Board added an additional meeting to their schedule for Monday, March 5th 2007.

Meeting adjourned at 10:15pm.


Respectfully Submitted,


Lori Esposito

Administrative Assistant