Ioard of Selectmen
Minutes
June 16, 2009
Town Hall Meeting Room
The meeting was called to order at 7:00 P.M. by Chair, Ron Ricci in the Town Hall Meeting Room. Ron Ricci, Lucy Wallace, Leo Blair, Timothy Clark and Peter Warren were all in attendance.
MINUTES – On a Wallace/Clark motion, the Board voted unanimously to approve the minutes of 5/12, as amended. On Wallace/Warren motion, the Board voted unanimously to approve minutes of 5/26, as amended.
APPOINTMENT - On a Clark/Ricci motion, the Board voted unanimously to appoint Alfred Cozzolino for the permanent part-time position of Transfer Station Laborer at Grade 4, Step 1 subject usually pre-employment requirements.
GRANT TO IMPROVE STILL RIVER FIRE STATION
Fire Chief Robert Mignard was present to inform the Board on potential grant funding to improve the Still River Fire Station. Mignard explained that part of the Assistance to Firefighters grant there is a Station Construction Grant Program. Mignard explained this would be ideal for the Still River Fire Station. The Still River Fire Station would qualify on two main requirements: replace unsafe or uninhabitable structures and expand fire protection coverage. Mignard stated the deadline is July 10th and the online application has been started. Mignard will have narrative reviewed by a grant writer and has several individuals in town willing to help with cost estimates and scope of work.
EVERGREEN SOLAR UPDATE
Staff Planner, Neil Angus from the Devens Enterprise Commission was in attendance to update the Board and residents regarding the on-going noise problem emanating from Evergreen Solar. Angus explained DEC is the regulatory authority that overseas redevelopment of Fort Devens. The DEC issues permits and enforces local regulations. Angus gave a detailed timeline regarding the noise issue at Evergreen Solar:
· Mid – March a number of complaints were received indicating Evergreen Solar was creating intolerable noises.
· DEC had their noise consultant take measurements which indicated levels were in excess of industrial performance standards.
· April 1st a formal notice of violation allowing 30 days to respond and 30 days to implement corrective measures was issued.
· Evergreen addressed the following issues: defect in VOC scrubber, and broken fan blade which was creating pure tone noise.
· Sound consultant continued to monitor through April and May indicating additional noises.
· Three monitoring locations were set up in Harvard: Dunroven Farm, Janice Perry’s residence, and another farm off Ayer Road.
· Results found fixing the fan eliminated pure tone noise correcting initial violation. Consultant confirmed there were additional violations beyond the pure tone issue.
· Around May 26th a second notice of violation was issued indicating additional noise issues.
· Consultant continued monitoring from three locations to establish more consistent sound levels.
· Consultant went to Evergreen Solar to measure levels from the back of the facility.
· One key noise issue was related to gas deliveries. Angus explained the loading of gases is an extremely loud process. In DEC’s second notice of violation they requested Evergreen address this issue immediately considering a long term solution would not be completed until August or September. Permanent measure will be ground mounted pumps on loading pad.
· Noise consultant results also indicated a number of tier 1 noise sources and suggested solutions.
Angus assured the Board and residents that Evergreen Solar is working toward reducing noise levels and DEC fully understands and is doing everything they can to facilitate expedition. Angus explained restrictions have been placed on gas tanks deliveries between the hours of 8pm-4pm. The Board members agreed considerable steps must be taken toward a solution. Angus confirmed that Evergreen Solar has provided a corrective action plan but they must address all issues by June 29th. He stated there will be a public hearing held at the beginning of the DEC’s meeting on June 30th at 6:45pm.
PUBLIC COMMENT ON THIS ISSUE
Jay Wallace (co-owner of Dunroven Farm), 62 Old Mill Road, expressed his concern regarding the serious public health and safety to Harvard residents. Wallace referenced Chapter 120 of Building Code which states a Certificate of Occupancy can not be granted unless there is no danger to public welfare. Wallace asked DEC to look carefully at this and suggests reduction to 38 decibels for a period of 6 to 8 hours to allow residents to sleep. Wallace stressed the importance of addressing the noise from BOC fans. Wallace fears someone will be hurt if residents are subjected to this noise over the next few months.
Carol Sherako, a client of Dunroven Farm, asked if there was a detailed timeframe including dates for milestones and a final corrective action date. She also asked what ramifications would be in place if corrective action was reached. Angus stated there is a detailed timeframe listed on the DEC website (www.devensec.com) and there are measures in place to enforce corrective action such as fines and legal action.
Kate Pullano, 48 Old Mill Road, asked what DEC is measuring to enforce compliance? Angus stated decibel level will be measured and full compliance is required which is a 9 decibel reduction.
Roseanne Stone, a client of Dunroven Farm, commented on the level of patience already shown by residents.
Janice Perry, 42 Old Mill Road, commented on her loss of patience, quality of life and the suffering of residents/animals. She said business should not take precedence over residents and from the beginning nothing was ever done to protect residents.
Leo Blair asked if the Board would consider sending a letter to the Building Inspector of Devens suggesting if non-compliance on June 29th that the temporary occupancy permit be modified to regulate the hours of operation to normal business hours.
On a Blair/Warren motion, the Board voted unanimously to issue a letter to Gabe Vellante Building Inspector copy Peter Lowitt of DEC, Chair of DEC, DEC representatives, and Ayer Board of Selectmen to modify temporary certificate of occupancy if not in compliance with corrective actions by June 29th to limit hours of operation from 7am – 4pm Monday through Friday.
FRUITLANDS ENTERTAINMENT
Ron Ricci first suggested holding a public hearing on July 14th at 7:30pm to address any proposed amendments. Ricci said he met with Tim Firment, Sound Engineer Doug Sheadel, Building Inspector Gabe Vellante, Tim Bragan and Tim Clark concerning Fruitlands request to modify condition number 9 of entertainment license. Ricci said the sound engineer provided a report suggesting an alternate method to monitor noise levels. In his report, Sheadel said based on the current condition as written there would remain some technical uncertainty as to how the baseline could be efficiently used by Town officials to evaluate compliance during an event. He continued to propose methodology that might provide a more manageable tool for managing the sound. Sheadel suggests having a sound level meter (purchased, leased or rented) for use along with
the proposed monitoring locations and corresponding criteria at the monitoring location. Ricci stated this could be a simpler and more direct way to monitor noise for the benefit of the neighbors and Fruitlands. Tim Clark stated condition 9 as written will be hard to enforce and suggests some type of modification. Lucy Wallace expressed concern on how this would affect other entertainment licenses in Town. She also stated over the past years there have been very few complaints regarding noise from Fruitlands. Peter Warren and Ron Ricci said they agree with the sound engineers’ suggestion and stress the importance of establishing a baseline. Leo Blair proposed a new condition: The licensee acknowledges that the location of their facility is within a rural residential area and that excessive noise created by their activities could have a deleterious effect on their neighbor’s rights to quiet enjoyment of their property. Accordingly, the licensee agrees to immediately
cease any such activity upon notification by any of the agents of the Board of Selectmen that a complaint has been filed. Failure to comply with this provision could result in suspension or revocation of this license. The Board decided to end discussion at this point and revisit at the July 14th meeting.
On a Wallace/Clark motion, the Board voted unanimously to hold a public hearing on July 14 at 7:30pm to consider modification of condition 9 of entertainment license and suspend terms of condition 9.
Peter Warren thanked Fruitlands for hosting the 4th of July festivities and for waiving parking fees.
ANNUAL APPOINTMENTS - On a Wallace/Clark motion, the Board voted unanimously to appoint everyone on list dated June 16th except those with an N after their name. (Attachment A)
On a Warren/Clark motion, the Board voted to adopt revised Ambulance roster dated May 29th 2009 of full time and provisional members.
On a Clark/Blair motion, the Board voted unanimously to appoint Chris Ashley to the Town Center Sewer Building Committee.
TOWN ADMINISTRATOR REPORT
Tim Bragan informed the Board of the following items:
1. He spoke with Peter Frasier, Bond Counsel, and asked him if the savings quoted for refinancing was net $41,000 cost of refinancing and she said it was a net figure. Since then we have been working on refinancing the debt all the while keeping an eye on the ever increasing interest rates, which could make this exercise not worthwhile. The Board was doubtful to see any savings at all.
2. MART will allow having the Town Administrator approve COA out of state trips and need a letter from the Selectmen authorizing this.
3. Two letters received from the Agricultural Commission requesting a policy providing them with early and regular notice of any pending items on the agenda that may impact or effect issues with farming, or agriculture and also requesting the BOS to establish a $500 annual budget for the Commission.
4. Informed by Scott Hayward that the Housing Authority has two vacancies.
5. Official change to the wellhead protection area for the Bolton Road Well #3 which reduced the Interim Wellhead Protection radius from ½ mile to a minimum Zone 1 radius of 100 feet and an Interim Wellhead Protection Area radius of 422 feet.
6. Formal dedication of the Wellhead Protection Area on Pond Road in honor of Dave Swain will take place on Saturday, June 20th at 4:00pm.
7. Asked Board to approve transfer of $12,000 from the Finance Department Personnel budget to the Finance Department Expenses.
On a Wallace/Blair motion, the Board voted unanimously to transfer $12,000 from Finance Department Personnel budget to Finance Department expense budget.
8. DEP sent copy of Chapter 91 Waterways License issued to Dave & Karen Cruise, ove Road, for construction of a dock on the pond. There was also a filing with the land use boards with no issues being raised by them.
9. Regarding the Strategic Planning Session Items Bragan provided the Board with the Informational Guideline Release regarding Property Tax Deferral for seniors,
ist of overdue taxes without names, copy of Mass Collector and Treasurer Association Manual, Chapter 4. He stated the Town will continue the proper collection process and move the delinquent accounts through the Tax Title process. He also informed the Board he would be attending a meeting that deals with best practices for consolidation and regionalism.
10. Second Annual Employee Appreciation Cookout will be held on Wednesday, July
22nd from 11:00am – 2:30pm.
11. Shaker Hills has requested a pro-rated Liquor License fee. The Board agreed to deal with that once license issued.
**** On a Wallace motion, the Board voted unanimously by a roll call vote
(Clark – AYE, Blair – AYE, Wallace – AYE, Ricci – AYE, Warren - AYE) to enter into executive session at 9:15pm, 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 negotiation strategy with respect to union negotiations, review union and non-union Town contracts and to discuss a personnel matter. Following the executive session, the Board will reconvene into open session, for the sole purpose of adjourning. ***
The meeting was adjourned at 10:45 pm.
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