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04/03/2006
HOLDEN BOARD OF SELECTMEN
Meeting Minutes
April 3, 2006

6:30PM                  Memorial Hall


Present: Chairman Joseph G. Sullivan, James M. Jumonville, David J. White, Kimberly N. Ferguson, Kenneth OBrien

Others Present: Brian J. Bullock, Town Manager, Jacquelyn Kelly, Assistant Town Manager, Elizabeth Helder, Recording Secretary

Chairman Sullivan opened the meeting at 6:30PM.

Fox Hill Neighborhood Common Land

The Manager and the Board reviewed a letter that the town sent to property owners in the Fox Hill Subdivision. The letter was to inform them of a limited development proposal that abuts the subdivision and a sewer easement that currently exists from Ash Circle to the proposed development. The sewer easement is placed directly through a pond on back-land and is owned in common by all 156 home-owners within the subdivision. In order to avoid any impact on the existing wetland, the town proposes to realign the easement and potentially take this new easement by eminent domain. The town would then 'swap' easements with the homeowners. The proposed swap would return some 35% more land back to the Fox Hill owners than will be required by the new alignment. The Manager added that residents from Fox Hill had been invited to attend the Board meeting to voice their concerns and comments to the proposed easement swap.

Mr. George Howatt, former owner of the Chapin Road property, said that his family would like to see as much of the land preserved as possible.

Ms. Judy Haran, White Oak Society, commented that most people in the conservation community would like to see a limited development of the Howatt property and support the proposed project.

Mr. Duffy Tillson, 22 Dogwood Circle, said that there was one remaining 'circle' of property left to develop in the Fox Hill Subdivision. Would anything the town was proposing about the easement negatively affect this 'paper property?' The Manager said that the town is not proposing to cross any land that has been pre-approved for development.

Mr. John Meyer, 31 Tamarack Circle, spoke in favor of the Chapin Road limited development in order to preserve as much property as possible.

Mr. Bill McCarthy, 182 Sycamore Drive, asked what would stop further development of that area from connecting to this proposed sewer easement? The Manager explained that if the bulk of the Howatt property were placed in a conservation restriction, the restriction would prohibit further development behind the Howatt property.

Mr. Joseph Cohen, Ash Circle, said he was in favor of the most limited type of building on the Howatt property.

Mr. Gabor Hajos, Ash Circle, asked what would be the impact on the other pieces of property that surround the Howatt property if the bulk of the land goes into conservation? Is there any way to prohibit access to the sewer easement. The Manager said that it is his wish that the sewer line not run along Chapin Road, thus opening it up to public access. However, the Planning Board has not conducted its review of the plans.

Mr. Bob Lian, Mark Circle, an abutter to the property, spoke to property owned by his neighbor Mr. Puffer.

Mr. Frank Puffer, 13 Mark Circle, an abutter to the Howatt property, was opposed to this proposal because a sewer easement through Fox Hill would restrict any future development on his property. Mr. Puffer handed out some comments to the Board for review.

Ms. Dorisann Heininger, 555 Salisbury Street, handed out documents supporting a proposed development on the Howatt property that was denied by the town in May 2002.

Mr. Christopher DelBrocco, Chapin Road, said that he had purchased and now lives at the Howatt home. He said he supports the limited development of the property but has concerns about the actual development. He added that he would like access to the sewer easement for his own home.

Mr. Lenny Anderson, 50 Chapin Road, said that he would like access to the sewer easement for his own property.

Mr. George Dresser, Manning Street, said that the town was fortunate to have the Howatt family approach the future of the land in this restrictive manner.

Mr. Rick Heininger, 555 Salisbury Street, said that his property abuts the Howatt property by 1000 ft and has concerns regarding the proposed sewer easement plans.

Mr. Mark LeBlanc, said he was in the process of building a home on Bailey Road and does not feel that the town should participate in an eminent domain land taking. He felt the town is taking land to support well-connected individuals. Much of the Howatt property will not perk and the subdivision will not work without the sewer easement. No one knows what the future holds - What is to stop future developments connecting to this sewer easement through the Puffer or Heininger properties?

Sel. White suggested that the Board suspend discussion until later in the agenda so that the Board can devote adequate time to the seriousness of the subject. The remainder of the Board was in agreement. The Chairman said that the Board would continue with the next three agenda items before reopening discussion of the Howatt sewer easement.

Woodmeister Corporation

The Board of Selectmen officially welcomed the Woodmeister Corporation to the Town of Holden. Woodmeister is in the process of relocating to the Holden Industrial Park from Worcester. Mr. Ted Goodnow, President of the Woodmeister Corp., introduced members of the Woodmeister management team. The Board presented the Goodnow family with a street sign officially designating a new road in the Industrial Park as Woodmeister Way.

Citizens' Address

Representative Lew Evangelidis commended the town on the relocation of the Woodmeister Corp. to the Holden Industrial Park. He announced that Lottery money has been uncapped by the State House for local aid and anticipates an 8% increase in educational funding from the State.

Public Hearing - Kennel License, Miles Avenue

The Manager read the notice of public hearing on the application of Jill Erickson for a Special Permit to operate a non-commercial dog kennel for more than four dogs but less than ten at her residence at 61 Miles Avenue, Jefferson, MA in an R-1 (R-20) residential zone.

Motion by Sel. White, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO OPEN THE PUBLIC HEARING FOR A NON-COMMERICAL DOG KENNEL LICENSE AT 7PM.

Attorney Leo McCabe addressed the Board on behalf of the applicant. The Erickson's own approximately 23 acres of land on Miles Road and currently own 5 dogs. There are no abutters in close proximity to the proposed kennel. There are no complaints on record with the town. All dogs on the property are neutered.

Attorney John Spillane said that he represented the family of a deceased abutter, Mr. Lufkin. Due to this recent death, the family has been slow in responding to the abutter notification. Mr. Spillane said that his client had past problems with the Erickson family and their animals. The Lufkin family feared that the license would turn into a commercial enterprise. Mr. Spillane said that he had questions for Mr. McCabe and requested the courtesy of a continuance on the decision.

Sel. Ferguson commented that if Ms. Erickson wanted, in the future, to run a commercial license, she would have to file a new application and appear before the Board of Selectmen.

Mr. McCabe said that Ms. Erickson had no desire to run a commercial dog kennel and requested that the Board not postpone their decision.

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE PUBLIC HEARING FOR A NON-COMMERICAL DOG KENNEL LICENSE AT 7:45PM.

Sel. White said that the Lufkin family would have opportunity for recourse should the applicant reapply for a commercial kennel license in the future. Chairman Sullivan said that there is an avenue of complaint through the Dog Officer.

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A NON-COMMERCIAL KENNEL LICENSE AT 61 MILES ROAD, JEFFERSON, MA.

Department 2007 Budget - Public Safety

Police Chief Sherrill and Fire Chief Stark presented their Public Safety 2007 budgets.

Fox Hill Neighborhood Common Land (reopened)

The Board discussed the recommendation for land taking at Fox Hill.

Sel. White felt that all three property owners (Howatt, Puffer, and Heininger) should enter into some sort of discus-sion with the town for a limited development of these properties jointly. This might save the need for the town to exercise its eminent domain taking at Fox Hill. Sel. Jumonville concurred with Sel. White and agreed that further discussion of these property owners needs to occur. Sel. O'Brien said that the land taking that will serve one property (Howatt) is detrimental to the other properties. He would also like to see the town initiate discussion among the three property owners.

The Board was in agreement that while on paper the LAM limited development proposal looks good, the town should initiate discussion with all the property owners to achieve a measured growth with maximized open space.

Motion by Sel. White, seconded by Sel. O'Brien, it was UNANIMOUSLY VOTED TO PUT A PLACE HOLDER ON THE TOWN WARRANT FOR THE EMINENT DOMAIN TAKING AT FOX HILL FOR THE LAM DEVELOPMENT OF THE HOWATT PROPERTY.

Sel. White commented that it is clear that the Board supports and wants to see limited and smart growth on open space in town. He encouraged discussion with the Puffer, Howatt and Heininger families occur between White Oak and the town to look at the future development of their properties as a whole.

Manager's Miscellaneous

The Manager informed the Board that Light Department Superintendent Gary Harrington has resigned his position effective April 14, 2006. Mr. Harrington served the town for 32 years, 20 of those as the Light Department Superintendent. A farewell party will be held on Thursday, April 13th from 2:00PM-4:30PM in the HMLD Community Room. The Board asked the Manager to forward a letter of best wishes from the Selectmen.

The Manager informed the Board that the advertisement for the Rice School RFP will run in the Central Register starting on April 5, 2006. Deadline for RFP submittals is May 8, 2006. There will be an informational meeting for prospective bidders on April 14 at the Rice School. Review of proposals and applicant notification will occur by April 12 for action at the May 15 Annual Town Meeting.

The Manager announced that DPW crews have begun the regularly scheduled street sweeping program.

The Board reviewed a status report from John J. Boudreau, MMWEC Senior Project Manager, Strategic Planning on a plan to purchase replacement power during a planned outage of the Seabrook plant from October 1 through October 31, 2006.

The Manager said that the Gale Free Library's One Book, One Holden will take place during the month of April. Holden citizens are invited to read The Giver, by Lois Lowry. Free copies of the book are available at the Library effective Monday, April 3, 2006.

The Manager announced that on Thursday, May 11, Dave King, the author of The HA HA will present a program at the Holden Senior Center at 6:30PM. This will be his only appearance in New England. Additionally, the Friends of the Gale Free Library will hold a special book sale on Tuesday, May 16 from 1:30PM-7:30PM and on Saturday, May 20 from 9:30AM-3:30PM at the Library.

The Manager announced the Spring Composting and Brush Chipping schedule. This service is for Holden residents only. Leaves, grass clippings, and brush will be accepted at the River Street facility on: Saturday, April 22, April 29, May 6, May 13, and May 20. Hours of operation will be from 7:00AM-1:30PM.

The Manager advised that the MIIA Driver Simulator would be at the Holden Senior Center on April 10 through April 12 for police officer training. Members of the Board and the Finance Committee are invited to view the simulator in action.

The Manager noted that now that the good weather is here, the Holden Police Department bike patrols have started once again. Police Chief Sherrill reports that the bike officers are accessible and approachable and are there to interact with and improve communication among citizens. Officers have been instructed to patrol and pay attention to Main Street business, school areas, pool area, the Rice School and Senior Center.

The Police Department's annual Road Race is set for Sunday, April 9, 2006. Further information may be obtained at the HPD website www.holdenpd.com or at the PD business telephone number 508-829-4444.

The Manager reported that Nicole's Law recently went into effect placing certain requirements on owners of all residential properties in Massachusetts to install and maintain Carbon Monoxide (CO) alarms. A brochure outlining the requirements will be sent out with utility bills, informing residents about this important new law.

The Manager informed the Board that the Recreation Committee and Denise Morano, Recreation Director, have complied a survey to gather information from Holden residents about their specific pool and parking lot uses. The survey will be given to residents when they purchase their Recreation passes this season.

The Board reviewed a schedule outlining the use of town fields by the High School sports teams. Recreation Director Denise Morano reports that the High School Sports Director Jen Lynch has been working cooperatively with the town when scheduling field requests. The WRHS has been addressing field maintenance issues.

The Manager updated the Board concerning the Town's acquisition of the Dawson Recreation Area property from the DCR. The process for the DCR to relinquish the property will take one and one half years because special legislation needs to occur to authorize the disposal of State property, which is then turned over to the DCR for resolution. State Representative Evangelidis is coordinating the process on the State level. The town's 20 year lease on the property with the DCR expires in July 2006. The DCR will issue the town a permit to continue using the property until the matter is resolved.

The Manager said that the Board needed to vote to authorize the chairman to approve an amendment to the Stoneridge Estates Chapter 40B affordable housing project. The applicant, Springwood Development, has formed a company, NAC Development to perform the construction work and the MDHCD requires an amendment of the previously endorsed and recorded Regulatory Agreement to incorporate and restrict revenue of NAC Development.

Motion by Sel. White, seconded by Sel. Ferguson, it was VOTED 4-0-1 WITH 1 ABSTENTION TO AUTHORIZE THE CHAIRMAN OF THE BOARD OF SELECTMEN TO SIGN THE AGREEMENT TO INCORPORATE AND RESTRICT THE REVENUE OF NAC DEVELOPMENT IN THE SPRINGWOOD DEVELOPMENT AFFORDABLE HOUSING PROJECT. (Abstained: Sel. OBrien)

Setting of Warrant - May 2006 Annual Town Meeting

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 1-5.

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 6. (Public Safety Facility)

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 7-12. (FY 2007 Budget; Education Required & Voluntary, Public Works Depreciation Fund, Chapter 90 State Aid; GIS Assessor's Data)

Motion by Sel. Ferguson, seconded by Sel. White, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 13-17. (Revolving Funds and IIF Fund)

Motion by Sel. O'Brien, seconded by Sel. Jumonville, it was VOTED 1-4 WITH 4 OPPOSED TO SET WARRANT ARTICLE 18. (Stabilization Fund) (Opposed: Ferguson, White, Jumonville, Sullivan.) The motion failed.

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 19. (GASB #45)

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 20. (Asset Management Fund)

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 21-24. (Use of Town Hall, Light Dept. Taxes, Light Dept. Budget, Street Acceptances)

Sel. O'Brien requested that the organization Holden for Children be placed on the list for use of town buildings for meetings. The Manager said that any organization that wants access to a municipal building for meeting use must apply at the Town Manager's office.

Motion by Sel. White, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 25. (Land Acquisition & Granting of Easement Salisbury St. Lot)

Motion by Sel. White, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 26. (Chapin Road Sewer Easement)

Motion by Sel. Ferguson, seconded by Sel. O'Brien, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 27. (Rescind Vote 5.21.01 & Allow Sale of Rice School Property)

Motion by Sel. Ferguson, seconded by Sel. White, it was VOTED 4-1 WITH 1 OPPOSED TO PLACE TWO ADDITIONAL POTENTIAL WARRANT ARTICLES FOR RICE SCHOOL. (Demolition/Funding & Hazardous Materials Abatement) (Opposed: O'Brien.)

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 28. (Senior Tax Relief)

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLE 29. (Board of Health Intermunicipal Mutual Aid Agreement)

Motion by Sel. White, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO SET WARRANT ARTICLES 30-37. (Accidental Death Benefits, Citizen Petition, Amendments to Town By-laws, Amendments to Zoning By-law)

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO CLOSE THE TOWN MEETING WARRANT AS PRESENTED BY THE ADMINISTRATION AT 9:05PM.

Reports of Selectmen Subcommittees
Sel. Ferguson: Comprehensive Plan Steering Committee: Met on 3/23; next meeting is April 4. Committee will interview one consultant.

Sel. Jumonville: Starbard Scholarship: Scholarship information is being advertised.

Sel. O'Brien: EDC: Has not met.
Starbard Scholarship: Scholarship information is being advertised.

Sel. White: Trash/Recycling: Has begun to study ways of increasing recycling efforts among residents.

Sel. Sullivan: Public Safety Building: Current size of existing buildings: combined square footage is 10,500 (3000 HPD; 7500 HFD). Proposed square footage in new building is 38,834. Sel. Sullivan reviewed each room in the proposed building and its function.

Selectmen Miscellaneous

Sel. Ferguson: 1. Commented that several pedestrians have almost been hit at the Friendly's crosswalk.
2. Requested that the Board begin each meeting with the Pledge of Allegiance.
3. Loose pavement in the crosswalk at the Hess gas station.

Sel. Jumonville: 1. Nothing to report.

Sel. O'Brien: 1. Discussed an option to have the town look into business sponsorship of police vehicles to offset the cost of new vehicles.
2. Inquired about Ch. 90 money, other financial funds and the intent for the use of these funds.
3. Wachusett Greenways Open House will be held April 6th at the Chocksett School at 6PM.

Sel. White: 1. Will the remainder of the 'offset' manhole covers be repaired? The Manager said that he was in discussion with MassHighway to level them off. All covers that were structurally deficient have been repaired.
2. Glad to see that the Senior Tax abatement is being broadened.
3. Credit to the Manager, FC Chair Paul Challenger, and Sel. Sullivan regarding the resolution of the school budget.
4. Commented on the subdivision build-out analysis that the administration prepared. Could potentially add another 4000 residents to the town in the next 5-6 years.

Sel. Sullivan: 1. Sel. Jumonville has been appointed as the Board's representative to the School Committee Ad Hoc Committee to study reducing the size of the school committee.

Acceptance of Minutes

Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was VOTED 4-0-1 WITH 1 ABSTENTION TO APPROVE THE MEETING MINUTES OF MARCH 20, 2006 WITH AMENDMENTS BY SEL. FERGUSON: 1. REMOVE AFFORDABLE HOUSING FROM HER SUBCOMMITTEE REPORTS; 2. CHANGE THE SECOND SENTENCE UNDER COMPREHENSIVE STEERING COMMITTEE TO THE COMMITTEE WILL MEET ON MARCH 21ST AT 7PM IN MEMORIAL HALL AND WILL MEET ON MARCH 23RD AT 5:30 TO INTERVIEW A CONSULTANT; AND 3. CHANGE THE VOTE ON PAGE 2. (F) TO: MOTION BY SEL. OBRIEN, SECONDED BY SEL. FERGUSON &. (Abstained: Sel. White.)

Motion by Sel. Ferguson, seconded by Sel. Jumonville, it was VOTED 4-0-1 WITH 1 ABSTENTION TO APPROVE THE EXECUTIVE MEETING MINUTES OF MARCH 20, 2006. (Abstained: Sel. White.)

Adjournment

Motion by Sel. White, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ADJOURN THE APRIL 3, 2006 MEETING AT 9:45PM.

Approved: April 18, 2006