November 6, 2007
Lucy B. Wallace
William J. Marinelli
Robert E. Eubank
Timothy A. Clark
The meeting was called to order at 7:30 P.m. in the Town Hall meeting room by Chair, Lucy Wallace.
APPOINTMENT – COMMUNITY PRESERVATION COMMITTEE – Deborah Thomson was in attendance to express her interest in serving on the Community Preservation Committee. Unfortunately, there was some confusion that there needed to be a quorum of the Community Preservation Committee to make the joint appointment, as Ms. Thomson would be filling the vacant elected position. The Board will invite the members of the Community Preservation Committee to their 11/20 meeting to appoint Ms. Thomson.
APPOINTMENT – BARE HILL POND WATERSHED MANAGEMENT COMMITTEE – Ron Ricci of the Bare Hill Pond Watershed Management Committee was in attendance and explained that Robert Blanck of Slough Road has expressed interest in serving on the Bare Hill Pond Watershed Management Committee, and has already been an active participant in their activities. On a Marinelli/Clark motion, the Board voted unanimously to appoint Robert Blanck of Slough Road to the Bare Hill Pond Watershed Management Committee.
CONSERVATION RESTRICTIONS – ENDICOTT & MUELLER PROPERTIES – Dennis Delaney and Larry Finnegan, of the Harvard Conservation Trust, were in attendance to present the Board with two conservation restrictions for the Board’s acceptance and approval. Dennis explained the two parcels and gave the history of the owners donating these restrictions to the town. The Conservation Commission signed off on both of them at their meeting on November 1st. The two properties are the Mueller property located on Shaker Road, and Priscilla Endicott’s property located on Littleton County Road. The Board asked questions of the present gentlemen with regard to the two conservation restrictions. On a Clark/Eubank motion, the Board voted unanimously to approve and sign the conservation
restrictions, as presented.
MONTACHUSETT REGIONAL PLANNING COMMISSION (MRPC) – COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) – Shelly Hatch and Ann Carrabba from the MRPC were in attendance to discuss this year’s CDBG funding application. Shelly gave a brief history of the past use of CDBG fund distributions for Harvard residents. She reported that the other communities to be included in the regional program bay be Lancaster, Westminster and Shirley. The maximum grant amount would be $1,200,000, of which all the towns indicated in the grant application would share. Shelly further discussed the need to focus on a target area, bonus points and the community development strategy. She went on to explain how points are awarded to a
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community. Additionally, she discussed the community development strategy and explained that it needs to encompass the needs and impact of the town, as well as, address a comprehensive, integrated approach to the town’s community development priorities. The Board asked questions of Shelly with regard to the program, and particularly the community development strategy. Shelly presented the Board with a draft community development strategy which concentrated on housing, open space and recreation, economic development, community facilities and services, circulation and traffic, and natural and cultural resources. Further, Shelly explained that due to new requirements placed on CDBG applications, a public forum needs to be held outside of a regularly scheduled Selectmen’s meeting, and due to the timeframe of
the application deadline, the forum would need to be held before December 15th. The Board discussed potential dates, and tentatively scheduled the public forum date for Monday, December 10th, with the location to be determined. Once the Board has held the forum for feedback, they will need to approve the final application, which will most likely be done sometime in January.
SHAKER HILLS ADVISORY ADHOC COMMITTEE – Mark Mikitarian of the Shaker Hills Advisory Adhoc Committee was in attendance to address with the Board the specific actions items at outlined by the Shaker Hill Advisory Adhoc Committee. The specific requested items were, written legal interpretation on Chapter 61B, and how it will or will not apply to the golf course; the Adhoc Committee does not regard potential and/or alternative uses of the golf course as currently within in its core mandate; that the Board change the charge of the Shaker Hills Advisory Committee, if the Board wished to redirect or expand the scope of the current activities of the Adhoc Committee; a copy of the formal site appraisal prepared by MassHousing as part of the site eligibility process; that the town conduct it’s own formal and
independent appraisal of the site; written confirmation from the Town of Ayer’s Selectmen affirming their predisposition to support Harvard’s request that they not allow connection to their water and sewer systems; a written opinion from Town Counsel regarding his capacity to act as advisor to this Adhoc Committee, in anticipation of existing counsel acting as advisor to the ZBA once the comprehensive permit application is filed. The Board asked questions of Mark and said they would review the Committee’s recommendations and follow up with the Committee at a later date.
MAXANT PROPERTY – TOWN LINE – AFFORDABLE HOUSING NEEDS – Planning Board member, Leo Blair, announced at last night’s Planning Board meeting that he has an option on the 15 acre Maxant property located on Ayer Road, right on the town line, which he must exercise by 11/13. Mr. Blair is a developer, but took this action with the thought that this parcel may be suitable for addressing housing needs, both affordable and senior, as a 40B project. Additionally, Mr. Blair would like to the town to be in a more proactive position to design what the town envisions for affordable housing needs. His initial thoughts were that the site would be suitable for 2 bedroom, small units, approximately 1,100 square feet in size, with approximately 90 units on the entire
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site. Further, Leo stated that the biggest obstacle would be the water and sewer, and if the project were to go further, that would be the deal breaker. The Board asked questions of Leo on the timeframe of his agreement with the seller, and also with his role would be with this project. The Board expressed interest in this proposal, however, stated that there are many unknowns at this state, and some more time would be needed to investigate the potential of the site. Tim Bragan will work with Leo in speaking with both the Town of Ayer and MassDevelopment, to discuss the possibility of tying into their water and sewer systems, which would be a requirement for the project to move forward. The Board will discuss further at a future meeting.
SPECIAL EDUCATION AUDIT COMMITTEE – Bob Eubank reported that the Special Education Audit Committee is preparing a second version of the RFP for the Special Education audit, with the intent of having it sent out to prospective firms by mid to late November. Further, he reported that there is still a belief on the Committee that there will not be a lot of responses to the RFP. Bob will report back to the Board at a future meeting.
PLANNING BOARD – TOWN CENTER BYLAW – HEARING – Tim Clark reported that he attended the Planning Board’s hearing relative a public education campaign to address a town center overlay bylaw. Tim Clark reported that, Master Plan Implementation Committee (MPIC) and Town Center Planning Committee (TCPC) member, Joe Sudol, made a presentation to the Planning Board regarding the work for an overlay district for the town center. Tim Clark stated that the Planning Board did reserve comments until the end of the presentation. Additionally, representatives from the churches and the Harvard Conservation Trust (HCT), made statements that everyone except the Congregational Church, are currently looking at septic issues. The Congregational Church has operational system, but repairs are limited. The HCT owns
the inn in the town center, and Victor Normand of the HCT stated that it it’s a vulnerable property due to septic issues, as well. Currently there is no compliance with Title 5, and the HCT would like to see the town move forward with a sewer project. The TCPC and MPIC are currently in the process of developing a draft bylaw with regard to an overlay district in the town center. Tim Clark will report will report further on the issue at a future meeting.
AYER ROAD CORRIDOR STUDY – At the Board’s 10/16 meeting, the Board asked Tim Bragan for an update on the status of the CDM Ayer Road Corridor Study. Tim Clark reported that he heard back from CDM, and they are still working on incorporating the comments from the Board. Additionally, they are seeking some clarity from the feedback received from the public meeting, as well, as the Planning Board’s feedback. Tim Clark further reported that they are hoping to finalize the report soon.
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JIM LEE – VOLUNTEERS – RECREATION TRAIL CONNECTION ROAD – Tim Clark reported that Jim Lee and other volunteers have been working hard on clearing trails from Depot Road to Blanchard Road. The main goal of clearing the trails is to connect the Depot Road playing fields to the track. Tim Clark further reported that another round of grant applications have been filed with the Department of Conservation and Recreation (DCR) for an additional $50,000, as they still need some technical assistance with this project. Tim Clark will report further at a future meeting.
PUBLIC – TRAFFIC ACCIDENT – Tim Clark reported on the recent incident of the student that was struck by a vehicle on Littleton Road. Tim Clark went on to applaud Public safety professionals that handled the accident, as well as, Jim O’Shea and Scott Hoffman at the School who offered counsel to the students coping with trauma and the emotions of the students. Tim Clark further reported that he has been speaking with Police Chief, Ed Denmark and DPW Director, Richard Nota, in attempts addressing the known safety issues on Littleton Road. Both have offered assistance and Tim Clark stated that he is hoping to present the Board with some kind of resolution at the Board’s next meeting.
SCHOOL COMMITTEE – VACANCY – Tim Bragan informed the Board that the School Committee has officially notified the Selectmen of the vacancy on the School Committee. The joint appointment will take place on November 13th, at 7:00 P.M. in the Bromfield School Library.
CPC – APPLICATIONS – Tim Clark reported that the Community Preservation Committee (CPC) will be considering two of the Board’s CPC applications on 11/8. One is for the preservation of wall in front of new library and the other is for sundry Hildreth House repairs. Tim Clark will attend the meeting on behalf of the Board and report back to the Board at a future meeting.
BUDGET SEASON – CAPITAL PLANNING – Tim Bragan, Lucy, Deb Ricci, Finance Committee Chair, Willie Wickman, School Committee Chair, Lorraine Leonard, Finance Director/School Business Manager and Tom Jefferson have begun to meet and discuss capital planning. They have suggested that the Board, along with the Finance Committee and the School Committee meet with a facilitator to reestablish a working relationship between the three boards in going forward with this year’s budget season. Susan Ostberg, a resident, has offered to facilitate this meeting at no cost to the town. The Board discussed potential dates for this meeting. Lucy reported that she has heard back some dates from some individuals but still needs to hear from more to be able to set the date.
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MASSDEVELOPMENT – BOARD OF DIRECTORS MEETING – Lucy reported that on 11/8 the Board of Directors of MassDevelopment will hold their annual meeting. Kathy O’Connor contacted Lucy to see who would be attending and if there are any issues that they would like placed on the agenda. Lucy is planning on attending and Tim Clark will be able to attend a portion of the meeting, as well. She will report back to the Board at a future meeting.
JBOS – DEVENS HOUSING – Lucy presented the Board with a copy of a letter written by the JBOS to the Secretary and Undersecretary at the Executive Office of Housing and Economic Development with regard to Devens housing. The letter is seeking further information with regard to the proposed housing at Devens, specifically the number of housing units, and the means by which the housing cap of Chapter 498 gets amended. Additionally, the letter requests that the JBOS become the point of contact on behalf of the communities for MassDevelopment and DHCD to solicit discussion and to establish dialogue for additional housing at Devens. The Board asked questions of Lucy. She will report further at a future meeting.
DEVENS DISPOSITION – MEETING WITH ADMINISTRATION & MASSDEVELOPMENT – Lucy reported that she, Tim Bragan and Bob Eubank met with Senator Resor, Representative Eldridge, Bob Culver and Meg Delorier, both of MassDevelopment, Ryan McCollum and April Anderson of Secretary O’Connell’s office on 10/30 in Senator Resor’s office to discuss Devens Disposition. She reported that they presented a process for addressing retention of jurisdiction of Harvard’s historic lands within Devens. She further reported that the two outcomes of the meeting were that it is very unlikely that the town will receive any additional funds from the legislature without first appropriating its own funds and MassDevelopment agree to provide the requested information for analysis, and that the request be in
writing. Additionally, that Rich Montouri should be the town’s point of contact.
MINUTES – On a Clark/Marinelli motion the Board voted unanimously to accept the minutes of 10/16, as presented.
LONG RANGE PLANNING COMMITTEE – The Board discussed the need to form the Long Range Planning Committee and to begin tackling the various issues. The Board discussed their ideas as to what this committee should be doing, and gave their opinions on the make up of the committee and what particular issues they should be discussing. The Board will need to come up with a charge for this committee. Bob will create a draft charge and present it to the Board at a future meeting.
SAFE ROUTES TO SCHOOL PROGRAM – Tim Clark lead the discussion on requesting that the Board consider establishing a small working group to investigate the possibility of making Harvard a “Safe Routes to School” community. He explained that through a combination of public education, infrastructure improvements and
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public/private cooperation of School, public safety and parent organizations, it has been a proven way to increase pedestrian safety, and decrease accident rates. The Town of Ayer recently adopted this program. Further, Tim Clark reported that by adopting this program it could help secure federal funds for implementing various measures to make Harvard safer. He will be meeting with Rich Nota, DPW Director, Police Chief, Ed Denmark, and Thomas Jefferson, Superintendent of Schools, to get their initial input. Tim Clark will make a presentation at the Board’s next meeting.
MUNICIPAL BUILDINGS INVENTORY – Lucy inquired of Tim Clark the status of the Municipal Buildings Inventory that he has been working on. Tim Clark said he will present it to the Board at their next meeting.
SIGN DISPATCH COLLECTIVE BARGAINING AGREEMENTS – Tim Bragan presented the Board with the collective bargaining agreements for the Dispatchers. On a Marinelli/Eubank motion, the Board voted unanimously to approve and sign the collective bargaining agreement with the Dispatchers, as presented.
MASSHOUSING – HARVARD COMMONS – Tim Bragan informed the Board that MassHousing has approved $3.2 million in financing for the construction of Harvard Commons, to be located on Littleton Road. The development will consist of 12 2 bedroom townhouse condominium units in four buildings on a 2.3 acre site. Of the 12 units, three will be sold at the price of $162,000 to households earning within 80% of the HUD median income for Harvard, with a deed restriction for a minimum of 30 years. This financing will help this project move forward.
HARVARD ENERGY ASSISTACE TEAM (HEAT) – Tim Bragan informed the Board that the Harvard Energy Assistance Team (HEAT) guidelines and application have been updated and are available for people to apply for energy assistance.
VETERANS’ SERVICES OFFICER – Tim Bragan informed the Board that Dennis Lyddy, the Veterans’ Services Officer, has completed the annual training offered by the State. Additionally, Tim Bragan reported that he has secured Dennis some space, with the help of the Building Inspector, as previously requested by Dennis. He will utilize the Building Inspector’s Office when it is not needed by the Building Inspector.
BILL HAZEL – AYER ROAD PROPERTY – Tim Bragan reported that he has spoken with Town Counsel regarding the drainage issue at Mr. Hazel’s property, on Ayer Road, and he is currently working on a policy that could be used throughout the town. Counsel still strongly recommends that an easement be a part of the solution as it relates to Mr. Hazel’s property. Additionally, he is working with Town Counsel on the possibility of a revocable license agreement solution, as well. Tim Bragan will report further at a future meeting.
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CHAPTER 40B – LIP PROJECTS – LETTER FROM LAND USE – Tim Bragan presented the Board with a letter from the Land Use Boards – Board of Health, Conservation Commission, Planning Board and Zoning Board of Appeals – with regard to their curiosity as to the process the Selectmen uses to reach a decision to support Chapter 40B developments as a Local Initiative Project (LIP), as well to establish a more clearly defined process for future reviews of such projects.
RESIGNATION – BOARD OF SELECTMEN – Tim Bragan informed the Board that late in the afternoon, Randy Dean submitted his letter of resignation from the Board of Selectmen, Personnel Board and the Municipal Affordable Housing Trust effective immediately. Tim Bragan then presented the Board with the Massachusetts General Laws as they pertain to filling a vacancy on the Board of Selectmen. Notably, that the Board may call a special election to fill the vacancy, but are not required to. If 200 registered voters request a special election and the request is made 100 days or more prior to the next annual election, the Board shall call a special election. Tim Bragan further reported that Randy’s term would have been up in April anyways, and the Board felt that they would be able to function until that
time with just 4 members. Lucy just noted that members be cognizant of their schedules as to ensure there are no quorum issues at future meetings.
***On a Marinelli/Dean motion, the Board voted unanimously by a roll call vote (Marinelli – AYE, Clark – AYE, Wallace – AYE, Eubank – AYE) to enter into executive session as authorized by Chapter 39, Section 23B of the Massachusetts General Laws, at a meeting for which 48 hours notice has been given, for the purpose of discussing strategy with regard to ongoing litigation. Following the executive session, the Board will reconvene into open session for the sole purpose of adjourning.***
The meeting was adjourned at 10:50 P.M.
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