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Minutes 04/08/2008

April 8, 2008

Leo F. Blair
        Timothy A. Clark
Peter E. Warren
Lucy B. Wallace
Ronald V. Ricci


The meeting was called to order at 7:30 P.M. by Chair, Lucy Wallace in the Town Hall meeting room.

REORGANIZATION – On a Ricci/Clark motion, the Board voted unanimously to nominate Peter E. Warren as clerk. Peter E. Warren accepted the nomination. On a Ricci/Blair motion, the Board voted unanimously to nominate Tim Clark as Vice Chair. Tim Clark accepted the nomination. On a Clark/Warren motion, the Board voted unanimously to nominate Leo Blair as Chair. Leo Blair accepted the nomination.

APPOINTMENT OF DPW TRUCK DRIVER/LABORER – DPW Director Rich Nota informed the Board of the recent open position for a truck driver/ laborer. Rich Nota stated there were 21 applications and 6 interviews were held with himself and DPW Foreman Ronald Gilbert. Rich Nota introduced Doug E. Lawton, 93 East Main St., Ayer, MA as his recommendation to fill the position. Rich explained Mr. Lawton has 6 yrs prior experience in public works, excellent references and experience with snow and ice removal. On a Clark/Wallace motion, the Board voted unanimously to appoint Douglas E. Lawton as the new truck driver/laborer subject to pre-employment exam.

SELECTMEN REPORTS –  
Peter Warren congratulated Lucy Wallace for being named a Community Unsung Heroine by the Massachusetts Commission on the Status of Women. Peter explained she was recommended for the award by Senator Pam Resor.
Peter Warren also commended all the candidates who ran for office for their friendly, congenial, and cooperative spirit. Peter also expressed his honor in being chosen as a member of this Board.
Peter Warren also presented a Disclosure of Financial Interest by Special Municipal Employee and Approval by of Exemption that requires a signature from the Chair of the Board in regards to his continuing to drive the Mart Van. The Ethics Commission requires this. On a Wallace/Clark motion, the Board voted unanimously to authorize Peter Warren to continue driving the Mart Van for the Council on Aging.

Tim Clark explained the Town Sewer Septic Task Force needs to meet to wrap up its work which is primarily custodial to close up the Task Force.
Tim Clark informed the Board of a public forum which will be hosted by the Citizens to Protect Residential Harvard on Wednesday, April 9th at 7:30 pm. The forum will be held at the Unitarian Fellowship Hall.

Ron Ricci expressed his thanks to all who ran for office and his gratitude in being elected. Ron explained his number is in the phonebook and encouraged taxpayers to contact him with comments, thoughts and/or ideas.



Board of Selectmen – Minutes
March 18, 2008 page 2


Leo Blair agreed the Town Center Sewer Task Force must be terminated as a functioning committee. Leo explained he would not continue on the new committee that will be formed in connection with the passage of Article 14 at Town Meeting. Chris Ashley was in attendance and confirmed he would continue to serve on the committee to be formed. Leo asked if it was possible to create this committee at the current meeting. Tim Clark stated the existing committee should conclude the business they have and at that their last meeting discusses a recommendation about the form and structure of the new committee to be presented to the Board of Selectmen. Lucy Wallace explained it would be helpful to include a charge with regards to recruiting new members.

PUBLIC COMMUNICATION –
Don Green, 90 Oak Hill Road, requested the public communication portion of the meetings to be held at the start of the meeting.
Bruce Leicher, 58 Warren Avenue, requested the public communication portion of the meetings to be held at a specific time. His suggestion was 8:00 pm.

MINUTES – On a Wallace/Clark motion, the Board voted unanimously to approve the 3/18 minutes, as amended.
On a Wallace/Clark motion, the Board voted unanimously to approve the 3/25 minutes, as presented.

LIP CRITERIA COMMENTS FROM LAND USE BOARDS –  
Tim Clark asked for confirmation on the acceptance of presented criteria being from the entire board or just the individual who signed the letter.
Leo Blair confirmed the Planning Board was in full agreement.
Paul Willard confirmed the Conservation Commission was in full agreement.
Chris Tracy confirmed the Zoning Board of Appeals was in full agreement.
Tom Philippou confirmed the Board of Health was in full agreement.
Lucy Wallace stated she agreed with the position of the ZBA not being included in the process because they are the permitting agency for a 40B project. Lucy questioned if it would be appropriate for the Board of Health and Conservation Commission to comment as they are requested to weight in on the State Laws they are responsible for enforcing, which could also have a potential conflict. Tim Clark pointed out that the ZBA is the Board who would grant the waiver and that they are the Board that actually renders the decision. Lucy Wallace clarified she thought they should participate at the All Boards meeting. Ron Ricci explained he thought all Boards including the ZBA should have input with regards to the initial request. The Board continued to discuss the details on the process a developer would go through in order to qualify as a LIP. Lucy Wallace gave a brief description on the process stating site eligibility, timeframe of 30 days for the town to comment back to Mass Housing, Mass Housing reviews comments and issues their site eligibility letter which enables the developer to obtain financing and authorizes them to file application for comprehensive permit with the ZBA. Lucy also clarified the All Boards meeting is held during the 30 day period to give the town the opportunity to understand what is being presented. The All Boards meeting would also allow feedback from a representative of the boards. The feedback would not be considered as officially coming from the boards so the application could be refined. Ron Ricci stated in this scenario it is assumed the town must grant a LIP to the developer.


Board of Selectmen – Minutes
April 8, 2008 page 3

Ron explained it appeared to him it is simply advice from other Land Use Boards as to how they feel about it and not an endorsement. Leo Blair asked the Board if they see a situation where the Board is endorsing a project that the ZBA is against. Tom Philippou of the Board of Health, Chris Tracey of the ZBA and Lauren Johnson of the Board of Health all spoke on some of their concerns. Tom and Lauren both stated they felt the state expected comments from Land Use Boards. Chris Tracy expressed the importance for as much detail as possible from the developer when applying for a LIP. After much discussion, the Board agreed to consult with legal counsel and take no action at this time.

APPOINTMENT – On a Warren/Clark motion, the Board voted unanimously to appoint Connie Larrabee, 15 Under Pin Hill Road, to the Council on Aging.

SIGN REQUEST – HIDDEN/BLIND DRIVE – Craig & Lesley Strathdee of 142 Still River Road submitted a letter to the Board requesting a “hidden drive or blind drive” sign due to visibility issues. They also asked about a “bus-mirror” convex mirror on the opposite side of the street to help with vision when exiting the driveway. DPW Director Rich Nota said he would be happy to take a look. Leo Blair and Peter Warren both confirmed the tough visibility after visiting the site. On a Wallace/Clark motion, the Board voted unanimously to approve the placement of a sign subject to recommendation of the DPW Director Rich Nota. On a Clark/Wallace motion, the Board voted unanimously to allow the property owner of 142 Still River Road to erect a mirror within the right of way upon confirmation of DPW Director Rich Nota.

61 A – RIGHT OF FIRST REFUSAL – JEROME CALLAHAN – Lucy Wallace stated based on the recommendations from the Conservation Trust, Conservation Commission and Planning Board the Board notify the applicant the town is not interested in exercising it’s right of first refusal On a Clark/Blair motion, the Board voted unanimously to take no action and not exercise our right of first refusal.

SELECTMEN RETREAT – The Board decided to hold the Selectmen Retreat on April 15th at 5:00 pm at the Hildreth House. The Board requested any public comments to be received by Thursday, April 10th to the Town Administrator Tim Bragan.

HARVARD ROADWAY PROGRAM – Tim Bragan introduced DPW Director Rich Nota to answer any questions the Board may have for the proposed 2008 Harvard Roadway Program. Tim Bragan explained the DPW Director requires the approval from the Board to move forward. Funding Source is as follows:

Current Available Funding                                       $536,162.54
2008 Proposed Roadway Program Cost                      $368,650.00
Balance Available for 2009 Roadway Program              $167,512.54
Anticipated New Chapter 90 Funding Spring 2008          $236,824.00
Anticipated Available Funds for 2009                    $404,336.54

Rich Nota explained in more detail the breakdown of his proposal into three sections.

  • Depot Road bituminous concrete overlay          $155,000.00
  • Single stone seal to Bolton and Stow Roads              $112,000.00
  • Double stone seal to Littleton Road                     $101,750.00
Board of Selectmen – Minutes
April 8, 2008 page 4

On a Wallace/Clark motion, the Board voted unanimously to approve plan submitted by DPW Director Richard Nota.

In response to public comment from Don Green, 90 Oak Hill Road, and Rhonda Sprague, 165 Prospect Hill Road, regarding the condition of Littleton County Road DPW Director Richard Nota will provide and estimate of cost for the Board.

OUT OF STATE TRAVEL – COUNCIL ON AGING – Tim Bragan presented a request from Ginger Quarles. List as follows:
May 8th                 Hartford, CT.           July 14th               Block Island, RI
Sept. 12th              Portland, ME            Oct. 8th                Newport, RI
Nov. 7th                Mashantucket, CT.

On a Wallace/Blair motion, the Board voted unanimously to approve the out of state travel request for the Council on Aging.

APPOINTMENT – On a Wallace/ Warren motion, the Board voted unanimously to appoint Jonathan Williams, 13 Whitman Road, to the Local Access Cable Committee.

BUDGET – Tim Bragan presented options with regards to the override failing.

Override failed: (options)
  • Option A is to make cuts equal to $448,000 (786,000-102,000-240,000 + 4,000).
  • Option B is to make cuts equal to $248,000 and go for an override of $200,000 which is equal to what the Town agreed to and spent out of Free Cash last fall for the October STM.
  • Option C is to make cuts equal to some other number less than $248,000 and have an override greater than $200,000.
  • Option D is to go back and have an Override Equal to $448,000 which represents a level service budget but does not include any of the items contained in Articles 5, 6 and 7 of the ATM.
See Attachment A for further details.

Joe Hutchinson of Westcott Road suggested to the Board an idea of providing a town wide poll/questionnaire to assist in determining why citizens did not vote for the override. Tim Clark said he would be happy to assist in creating such a document. The Board did agree it was a good idea to pursue this request.

***On a Wallace motion, the Board voted unanimously by a roll call vote
( AYE, Clark- – AYE, Wallace – AYE, Blair -  AYE, Warren – AYE, Ricci ) to enter into executive session at 9:29 pm, 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 personnel issues. Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning. ***

The Board reconvened into open session at 9:45 p.m.   

The meeting was adjourned at 9:45 p.m.