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05/17/2010
HOLDEN BOARD OF SELECTMEN
TOWN MEETING MINUTES
MAY 17, 2010

6PM                                             High School

Present: Chairman David White, Kimberly Ferguson, James Jumonville, Anthony Renzoni, Robert Lavigne

Others Present: Nancy Galkowski, Town Manager, Jacquie Kelly, Assistant Town Manager, Jim Shuris, DPW Director, Robert Martin, Town Counsel, Elizabeth Helder, Recording Secretary

Chairman White opened the meeting at 6:03PM.   

Licenses

The Town Manager reported that the owners of Howe’s Country Store signed a Tax Title Redemption binding agreement with the Treasurer/Collectors office to pay $1000/month for the next three months to pay their 2009 outstanding tax bill.

Motion Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE AN ANNUAL COMMON VICTUALER LICENSE TO HOWE’S COUNTRY STORE.

Motion by Sel. Lavigne, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO APPROVE A COMMON VICTUALER LICENSE TO REBECCA SULLIVAN ON BEHALF OF CUB SCOUT TROOP 46 FOR A SNACK SHACK DURING THE MEMORIAL DAY PARADE MAY 22, 2010 FROM 9AM-12PM.

Town Meeting Warrant Article Discussion

Ms. Pam Harding, Senior Town Planner said her department worked with the Central Mass Regional Planning Agency through a grant to create Warrant Article 28: Open Space Residential Development Bylaw.

Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO SUPPORT WARRANT ARTICLE 28 AS PRESENTED.

The Planning Board will speak to the article on Town Meeting floor.  

Ms. Harding informed the Selectmen that the town must update the current by law in Warrant Article 29 in order to be in compliance with DEP standards.  Since changes need to be made to the bylaw, she recommended that the Board vote to take no action on Warrant Article 29.  The bylaw will be presented at a future Town Meeting.

Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO TAKE NO ACTION ON WARRANT ARTICLE 29 AS RECOMMENDED BY THE ADMINISTRATION.

Ms. Harding informed the Board that the Planning Board conducted a public hearing regarding Warrant Article 30 on May 11, 2010.  The Planning Board voted 4-2 against the citizen’s petition because of the uses the petition would have allowed on the property.  The petitioner (Busy Bee Nursery) did not state the intended use of the property in the petition.  The barn on the corner of Rt. 122A and Rt. 68 would have been converted into business space.

The Planning Board felt the Town should be careful what zoning changes are made because it changes what commercial operations can be performed not only now but also later, if ownership should change.  This was a major concern of the Planning Board.  Anything goes in commercially zoned property.   Therefore, the Planning Board will not recommend the support of Warrant Article 30 on the Town Meeting floor.  

Chairman White said he was inclined to support the petitioner.  He felt that the petitioner should be allowed to expand the commercial space on the property.  There is very little commercial space in town and the town should be business friendly.  The Planning Board and the Zoning Board of Appeals would regulate the process accordingly.  The property, though zoned residential, has been used in several commercial functions for many years.

Town Counsel said he understood that the property owner intended to make several revisions to his petition on Town Meeting floor in order to get it approved at Town Meeting.

Sel. Renzoni said that in order to support local business, he would not support his motion.

Sel. Ferguson said she wanted to be business friendly but wanted to follow the expert opinion of the Planning Board.
Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was VOTED 0-5 TO SUPPORT THE DECISION OF THE PLANNING BOARD REGARDING WARRANT ARTICLE 30.

The motion failed.
Motion to by Sel. Renzoni, seconded by Sel. Lavigne, it was UNANIMOUSLY VOTED TO SUPPORT WARRANT ARTICLE 30.

The Finance Committee will address Warrant Articles 24 and 25 on the Town Meeting floor.

Mr. Jim Shuris, DPW Director discussed Warrant Article 26 – Street Acceptances.  He said that Erin’s Way and the Sheffield Way Ext. had been significantly rehabbed within the last two weeks.  The neighbors will water the reloamed and reseeded areas.  Alden Woods is not recommended for acceptance by the DPW.

Mr. Shuris reported that the meets and bounds of Blair Drive, Brice Road and Alden Hill Road were off. Since the Board did not layout the streets legally, they cannot be approved.  These streets will come before a special town meeting in the Fall.  

The Town Manager said the DPW would continue to work with the developer and recommended that the Board approve the Erin’s Way and the Sheffield Way Ext.

Town Counsel said that the Town has 90-days to record the deed from the date of Town Meeting.

Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO ACCEPT ERIN’S WAY AND SHEFFIELD WAY EXT.

Sel. Ferguson asked the Board to reconsider reopening Warrant Articles 15, 16 and 17 (Revolving Accounts) for discussion.  She said the language in the Warrant Articles caps overspending on these accounts and Department heads must come before the Board and Finance Committee for spending approval, which would give the Board or the Finance Committee veto power over a department head’s plans.  Sel. Ferguson said she thought it was a mistake to support these articles at the Board level.

Sel. Jumonville agreed adding that the method department heads spend their revolving funds has never been abused and the process should remain as is.

Sel. Lavigne said that the Finance Committee wants department heads to live by their set budget.  It is important to make these several departments who generate revenue live up to the same rules.

The Town Manager concurred with Sel. Ferguson.  These several revenue generating department have never spent above what was appropriated.  She said it was important to stand up for a process that has worked successfully for many years.  

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO RECONSIDER WARRANT ARTICLES 15, 16, AND 17.

Town Manager Galkowski handed out an alternate motion made by the Board to present on the Town Meeting floor to continue the Recreation Revolving Fund in accordance with General Laws, Chapter 44.

Finance Committee Alan Berg joined the meeting at 6:46PM.

Motion by Sel. Ferguson, seconded by Sel. Renzoni, it was UNANIMOUSLY VOTED TO ACCEPT THE ALTERNATE MOTION AS PRESENTED BY THE TOWN MANAGER REGARDING WARRANT ARTICLES 15, 16, AND 17.

Chairman White presented a Certificate of Recognition for an Eagle Scout for signature.

Recess to Town Meeting

Motion by Sel. Renzoni, seconded by Sel. Jumonville, it was UNANIMOUSLY VOTED TO RECESS TO TOWN MEETING AT 6:50PM AND RETURN TO REGULAR SESSION AT THE END OF TOWN MEETING FOR ADJOURNMENT PURPOSES ONLY.

Adjournment

Motion by Sel. Renzoni, seconded by Sel. Ferguson, it was UNANIMOUSLY VOTED TO ADJOURN THE MAY 17, 2010 MEETING AT 9:30PM.

APPROVED:               June 21, 2010