Board of Selectmen
Minutes
May 12, 2009
Town Hall Meeting Room
The meeting was called to order at 7:00 P.M. by Chair, Leo Blair in the Town Hall Meeting Room. Leo Blair, Timothy Clark, Peter Warren, Ron Ricci, and Lucy Wallace were all in attendance.
MINUTES – On a Wallace/Clark motion, the Board voted unanimously to approve the minutes of 4/21, as presented.
SELECTMEN REPORTS–
Peter Warren applauded Harvard on their turnout at the Annual Town Meeting and Town Election. He thanked all candidates and voters who participated.
Warren suggested the Board of Selectmen open meetings by pledging the flag.
Warren said he attended the hearing at Devens addressing the Evergreen Solar noise problem. He explained the hearing was well attended by Ayer Road, Myrick Lane, and Old Mill Road residents. Warren stated the meeting started with a report from Evergreen Solar explaining their efforts to reduce the noise issues. He said Evergreen Solar will continue to work on the issue in collaboration with residents affected.
Tim Clark thanked the Police Department, Earth Day Committee, Frank Carlson, and all who participated in “Walk to School Day” which was held on April 28th. Clark explained the walk was a great success and encourages residents to participate on International Walk to School Day which is held the first week in October.
Ron Ricci told the Board representatives from the Bare Hill Pond Committee, Land Use Administrator/Conservation Agent Liz Allard, Building Inspector Gabe Vellante, Mace family, and their landscape architect all met to discuss the appeal of the Zoning Enforcement Officer’s decision regarding the resolution of the zoning violation. Ricci said the parties were able to come to an agreement and commented on the cooperation shown by the Mace’s. Ricci stated the Chair of the Bare Hill Pond Committee, Bruce Leicher, has asked the Board of Selectmen to withdraw their appeal to the ZBA. Ricci said the other abutter who filed will also be withdrawing their appeal. Lucy Wallace suggested the Board of Selectmen receive the Bare Hill Pond committee’s decision in writing.
On a Ricci/Warren motion, the Board voted unanimously to authorize the Town Administrator to take appropriate action to withdraw appeal to ZBA.
Ricci said the Vicksburg Square Sub Committee would be meeting on Thursday, May 14th. One item they would be discussing is a technical violation that would occur due to the 30 day requirement for comment from the BOS after a public hearing is held. The public hearing date that was set for May 26th will be moved up to May 21st to comply with this requirement. Ricci explained Rich Montourri from MassDevelopment would post the public notice for all three communities. On a Wallace/Warren motion, the Board voted unanimously to hold a joint hearing on the proposed amendments to the Vicksburg area on Thursday, May 21st at 33 Andrews Parkway, Devens.
Board of Selectmen – Minutes
May 12, 2009 page 2
Lucy Wallace stated numerous residents have contacted her regarding the proposed zoning amendments to express their concerns related to the establishment of county boundary lines. Wallace said it is important for the Board to address this issue at an upcoming JBOS meeting. Leo Blair agreed by stating it is not a serious legal barrier but would be much cleaner and should be of high priority.
Ricci reminded residents about the parade on Memorial Day and invited veterans to meet at Town Hall on or before 10:00AM to participate.
Lucy Wallace said she is working on the draft MOU between the three Boards of Selectmen from Ayer, Shirley and Harvard. She asked a few questions of the Board members and said she is optimistic for completion by the Thursday, May 14th JBOS meeting.
Wallace stated along with the Town Administrator and Treasurer/Collector Vicki Smith they would be conducting interviews for the Finance Assistant position. She indicated three applicants would be interviewed and they are hopeful to appoint someone at the next Board of Selectmen meeting.
ACTION ITEMS –
On a Wallace/Ricci motion, the Board voted unanimously to petition the Massachusetts Legislature to pass the Home Rule legislation authorizing the Selectmen to issue Malt and Wine Licenses as presented in the May 2, 2009 ATM warrant under article #23.
On a Wallace/Ricci motion, the Board voted unanimously to petition the Massachusetts Legislature to pass the Home Rule legislation authorizing the creation of a Wastewater District in the Town of Harvard as presented in the May 2, 2009 ATM warrant under article #24.
Tim Clark volunteered to take responsibility in following the Home Rule Petitions through the legislature. On a Wallace/Blair motion, the Board voted unanimously to appoint Tim Clark to represent the BOS in working with Senator Eldridge and Representative Benson to assure the speedy passage of the two Home Rule Petitions.
FOURTH OF JULY COMMITTEE – Fruitlands Manager Tim Firment and Chairman of the Fourth of July Committee Steve Miller were in attendance to discuss a modification to the current Fruitlands Entertainment License. Their request is asking to allow the Fourth of July fireworks to be held on Fruitlands grounds July 3rd. Fire Chief Robert Mignard was present and confirmed the site was suitable for the fireworks display. He stated he viewed the site along with the State Fire Marshall. Firment and Miller asked the Board to grant an exception to allow the fireworks and music festival to be held from 3:00pm until the fireworks display around 9:00pm.
Board of Selectmen – Minutes
May 12, 2009 page 3
On a Wallace/Warren motion, the Board voted unanimously to waive the entertainment requirements that preclude fireworks to allow fireworks on July 3rd at Fruitlands in accordance with the State Fire Marshall and Fire Chief requirements with a rain date of July 5th.
Steve Miller exited the meeting at this time.
Tim Firment asked the Board for a waiver allowing a second tent for the Shaker Auction which will be held on the first weekend in October. He explained this tent will be 60x100, adjacent to the office, and will hold auction items. Firment confirmed there would be no food or alcohol served in the tent. Firment explained the site plan approval requires a letter of support from the BOS to have an additional tent on site.
On a Wallace/Clark motion, the Board voted unanimously to send a letter to the Planning Board in support of Fruitlands request to erect an additional tent for the Shaker Auction.
Lastly, Tim Firment asked the Board to consider modifying the Entertainment License Condition requiring a noise survey. Firment said the condition is quite restrictive, costly, would be difficult for the town to enforce, and town equipment would not be sufficient for measurements. He suggested possibly removing the scientific measurements and replace with a reasonableness clause. Peter Warren was opposed to this request stating a baseline is important to establish. Lucy Wallace questioned how you would manage reasonableness and the issue of town equipment not being adequate. Leo Blair asked the Board if they would entertain the idea of lowering the initial Liquor License fee to accommodate the cost of the noise survey. Ron Ricci was not in favor of amending this condition and agreed with Warren in stating a baseline is important to
establish. Tim Clark said he is unsure the condition as set is enforceable. Clark suggests any condition amendments be posted on an agenda to allow public participation and adequate time for the BOS to respond. The Board decided to invite the sound engineer and building inspector to their June 16th meeting to continue this discussion.
On a Clark/Wallace motion, the Board voted unanimously to allow Fruitlands to extend the time in which to perform noise survey until next discussion to be held on June 16th.
Board of Selectmen – Minutes
May 12, 2009 page 4
PUBLIC COMMUNICATION –
Steve Finnegan, 34 Oak Hill Road, suggested the BOS consider creating a committee to understand the finances at Devens provide accurate, reliable information, to provide context, and to analyze where appropriate. He stated the EDAT is an excellent idea but wondered why with the millions of square feet of commercial/industrial buildings already built at Devens, developed by the Commonwealth, generating taxes and fees as we speak, infrastructure already paid for then why is Devens not a top priority.
Jared Wollaston, 1 Elm Street, stated his full support of the EDAT but suggested a radius of 4 to 6 miles of Ayer Road be included. He said he feels very strongly that this radius would include Devens. Wollaston wanted to emphasis the importance of the EDAT to include input from surrounding towns.
Larry Finnegan, 12 Tahanto Trail, explained he is on the Open Space and Land Use Committee at Devens. He said the committee had a discussion tonight regarding the possibility of increasing their well capacities. Finnegan indicated the wells are located on Harvard’s land. He said this may be something to consider for future Harvard well water issues.
Jeff Harris, 69 Whitney Road, said the history on Devens supports the importance of returning land to Harvard. The town should care enough, know enough, work enough and be persistent.
TOWN ADMINISTRATOR REPORT -
Tim Bragan informed the Board that the Digital Flood Insurance Rate Maps have been received and Land Use Administrator/Conservation Agent Liz Allard is reviewing them. Comments are due back by May 29th. Lucy Wallace said it would be helpful to have Liz’s comments in writing to pass onto Conservation Commission and Planning Board.
Tim Bragan gave the Board an update on the debris clean up stating all advertisements have been completed and reviewed by FEMA. Bragan presented the Board with a letter from DPW Director Rich Nota requesting approval to award bid to Paxton Lawn Maintenance Inc. dba Busy Bee Nursery Inc. of Jefferson, MA. On a Wallace/Ricci motion, the Board voted unanimously to award bid to Paxton Lawn Maintenance Inc. dba Busy Bee Nursery Inc. of Jefferson at a price of $16.85 per cubic yard. Bragan also provided a map indicating how the town will be divided into four sections; section 1 is week 1, section 2 is week 2, section 3 is week 3, and section 4 is week 4. Bragan said the cleanup would begin on May 26th and would take approximately 7 to 10 days to complete each section. Bragan explained a witness is required to accompany each tree crew to document
details required by FEMA. Bragan indicated DPW employees would not be able to accompany crews because they would be taken off their normal work schedules. Bragan said FEMA would pick up 75% of the cost if the town chose to hire temporary workers. Peter Warren expressed concern on total cost of this cleanup. Bragan stated he is hopeful reimbursement from the December ice storm may be substantial enough to pay for the cleanup or at least a large portion of it.
On a Wallace/Warren motion, the Board voted unanimously to require purchase orders for purchases of $500 or more.
Board of Selectmen – Minutes
May 12, 2009 page 5
Tim Clark and Peter Warren volunteered to review submissions for the Ginny Thurston Scholarship. Ron Ricci will present the scholarship at graduation on June 5th.
CONTINUE PUBLIC HEARING ON THE SHAKER HILLS GOLF CLUB INC.
LIQUOR LICENSE
8:30pm
ATTENDEES
Selectmen: Leo Blair, Timothy Clark, Peter Warren, Lucy Wallace, Ronald Ricci
Town Administrator Tim Bragan, Executive Assistant Julie Doucet
Town Counsel Mark Lanza
Applicant: Agent for the applicant, Joseph Levine
Leo Blair stated the public portion of the hearing has been closed.
Town Counsel Mark Lanza reminded the Board that the town has accepted the provision of the State’s Liquor License Chapter 138 which permits the issue of one type of liquor license. The license is for an on premise liquor license with 100 seats in either a restaurant or a function facility. Lanza also explained the legislature includes a special act allowing the Board the option to issue an on premise license relative to a golf course. Lanza confirmed the Board can limit the area in which the alcohol is served and type of alcohol sold. To clarify, the application was amended by Joseph Levine to indicate function facility as the premise. Also, Mark Lanza confirmed there was no zoning issue. Lucy Wallace expressed concern regarding the zoning question. Leo Blair explained because the applicant has indicated this as an accessory use to a
golf course there is no zoning issue. Wallace wondered if the Board should entertain the idea of limiting the premises area to not include the entire golf course and she questioned how the tent will be utilized. Levine addressed her concerns by stating the tent is to comply. He said they may find a use for the tent but it will not be used at night. Levine confirmed the premises would include the entire golf course. Wallace stated her concern relative to serving on the entire course. Peter Warren commented by saying every golf course in Massachusetts is serving on the course and Shaker Hills will be at a great disadvantage to their competition if not granted this license. Ron Ricci asked if the tent would have lighting and if Levine was opposed to conditions attached to license. Levine said the tent would not have lighting and was not opposed to conditions. Tim Clark requested a plan including tent area as well as snack shack to define the service area. Peter Warren requested
signage to be placed at the service entrance indicating no right turn from Shaker Village/no left turn exiting the golf course and Levine agreed. Ricci read aloud conditions as the Board and Mark Lanza gave suggestions. The Board asked Town Counsel Mark Lanza and Executive Assistant Julie Doucet to finalize conditions and distribute to the Board.
(Final Conditions: Attachment A)
Board of Selectmen – Minutes
May 12, 2009 page 6
On a Wallace/Warren motion, the Board voted unanimously to grant liquor license to Shaker Hills Golf Club Inc. with ten conditions as delineated subject to receipt of plan of
premises showing function facility to include tent seating for 100 people, snack shack, area of storage, and sale of alcoholic beverages.
(Blair – Aye, Ricci – Aye, Clark – Aye, Warren – Aye, Wallace – Abstain)
Tim Bragan presented the Board with All Alcohol and Wine & Malt License fee schedules for approval.
All Alcohol: (consumed on premise) Wine and Malt :( consumed off premise)
Initial License Fee - $5,000 Initial License Fee - $2,500
Annual Renewal Fee - $2,500 Annual Renewal Fee - $1,250
On a Ricci/Wallace motion, the Board voted unanimously to approve fees as amended on schedule, dated May 12, 2009.
Leo Blair asked Joseph Levine to create plan, submit to Tim Bragan and come back to the May 26th meeting at 7:00pm.
ST. BENEDICTS EASEMENT - On a Wallace/Ricci motion, the Board voted unanimously to authorize the Town Administrator to work with Town Counsel and the Counsel for Saint Benedicts to draw up the required documents for their requested easement. Peter Warren asked for easement to include burrowing under road.
VOLUNTEERS - The Board asked for volunteers for the following committees:
Town Center Wastewater Policy Committee
Town Center Sewer Building Committee
Economic Development Analysis Team
The Board requested committee charters be placed on the town website.
REORGANIZATION OF BOARD – Outgoing chairman Leo Blair thanked his fellow Board members as well as the Town Administrator and Executive Assistant for all their hard work and dedication. Blair said his time as Chairman has been a wonderful experience.
Tim Clark nominated Lucy Wallace as Chair.
Peter Warren nominated Ron Ricci as Chair.
On a Blair/Warren motion, the Board voted to reorganize as follows:
Ron Ricci as Chairman
(Blair – Aye, Warren – Aye, Ricci – Aye, Clark – Nay, Wallace - Nay)
Lucy Wallace as Vice Chairman
(Blair – Aye, Warren – Aye, Ricci – Aye, Clark – Aye, Wallace - Aye)
Tim Clark as Clerk
(Blair – Aye, Warren – Aye, Ricci – Aye, Clark – Aye, Wallace - Aye)
Board of Selectmen – Minutes
May 12, 2009 page 7
**** On a Wallace motion, the Board voted unanimously by a roll call vote
(Clark – AYE, Blair – AYE, Warren – AYE, Wallace – AYE, Ricci – AYE) to enter into executive session at 9:55pm, 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 reviewing and discussing the non-union contract and discuss a personnel issue. Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning. ***
The meeting was adjourned at 10:35pm.
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