BOARD OF SELECTMEN’S MEETING
APRIL 13, 2010
Chairman Story opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag. Selectmen Story, Keller, Bulgaris and Walker were present. Selectman Russo and Town Administrator Chuck Kostro were absent.
Jerry Klima of Salisbury and Jeff Wade of Georgetown spoke on the Borders to Boston Trail funding request to MassDOT. Wade explained the design cost of this section of the project and funding which would consist of $718K from the Border to Boston Federal earmark through Merrimack Valley Planning Commission, $327.3K from MassDOT and $192K from the four towns (Newbury, Salisbury, Georgetown and Boxford) for a total of $1,237,300. Newbury’s share of the $192K will be $12,659. These monies will be for total design, making the project shovel ready and eligible for grants for construction. Fay, Spofford & Thorndike have been selected to provide the trail design. Wade and Klima described the proposed route of the trail and fielded questions from
the audience. The original contract committing Newbury to this trail was signed in April 2006. In order to implement the joint funding request for this project, a letter signed by the four towns (Newbury, Salisbury, Georgetown and Boxford) acknowledging that their towns share will be available at the beginning of design is needed. This request must be submitted to MassDOT by April 21st. Chairman Story noted Newbury’s share will come from private donations and fund raisers with the balance, if any, from Chapter 90 funds. While the Selectmen were concerned that public hearings had not yet been held, it was determined that they now had more real and productive information to provide to the public for these hearings which have been spelled out in the FST proposal. It was moved by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously to endorse this funding
request to MassDOT and Chairman Story was authorized to sign for the Board.
The “bottle bill resolution” was again discussed. Ron Toleos, Recycling Coordinator, spoke in support of the bill. A letter from Mr. Moe’s in opposition of the resolution was entered into the records. After a brief debate, Dave Mountain of the Planning Board suggested more public input be solicited as there is a strong environmental influence in Newbury. Selectman Walker tabled a vote on the resolution to a later date in order to gather more information and possibly hold a public hearing on the matter.
It was moved by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously to keep the “Local State of Emergency” in effect as the Plum Island issues have not yet been settled.
The Selectmen endorsed a letter of inquiry to the School Committee regarding a parcel of land on Hanover Street adjacent to NES on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.
A new policy on lowering the American Flag, drawn up by Chuck Kostro was approved by the Board on a motion by Selectman Keller, seconded by Selectman Bulgaris and voted unanimously.
Attorney Carroll, representing Michael Kellan of 8-39th Street addressed the Board regarding proposed construction of a new dwelling. Mr. Kellan’s property is located 100’ east of the end of 39th Street. The street stops 100’ west of the property and there is no frontage on a public way. He proposed a betterment to the Town to provide public access to the beach at Mr. Kellan’s expense as part of the proposed building plan. This boardwalk would then provide foot access to Kellan’s property but there would be no vehicle access. The boardwalk would be on town property with a spur off it to provide access to the proposed structure. Doug Packer noted he felt that a building permit would
be denied as it flies against the intent of the PIOD and there was no betterment for water/sewer assessed as there is no frontage on a public way. This will become a ZBA issue, he stated. Even if the Conservation Commission wanted to extend the road easterly, the DEP may not allow it. Selectman Keller asked why Atty. Carroll was here and Doug advised Mr. Kellan was just going through the process due him. Carroll agreed there might be issues with the building plan but they were trying to work through the process. Selectman Bulgaris moved to take no action on the boardwalk at this time until approvals are received from ZBA and Conservation for the building, seconded by Selectman Keller. Atty. Carroll asked the Board to vote up or down on the boardwalk proposal only. After a brief discussion, Selectman Bulgaris withdrew his original motion and moved to deny permission for a
boardwalk, seconded by Selectman Walker and voted unanimously.
An agreement with the Byfield/Newbury Little League for lease of the Pearson Field and Kent Way property was discussed. Tim Perry of Old Farm Way represented the LL and fielded questions on behalf of the league. Perry noted they would like to build two fields on the Kent Way property. The LL would raise funds and there would be no cost to the town. The league only utilizes the fields for ten weeks each year and they would then be open to public use. An agreement drawn up by Counsel was read by Chairman Story. It was agreed a paragraph was needed that stated “any improvement or modifications of these properties must have prior approval of the Town”. It was voted unanimously to lease the existing field (Pearson
Field) to the Byfield/Newbury Little League for a five year initial term with three five-year extensions on a motion by Selectman Bulgaris, seconded by Selectman Keller. The Kent Way parcel was addressed and it was suggested the agreement be modified to allow construction of one field and appropriate parking on part of the five acre parcel. This would leave the door open to possible construction of a basketball court and/or a tennis facility on the remainder of the land. Doug Packer noted that a new notice of intent would need to be filed for an active order of conditions to be in place for the Kent Way lands. The wetlands would also need to be re-flagged to refresh the file. Tony will be asked to rewrite the agreement to reflect the matters addressed at this meeting. In the meantime the Board agreed in principle to endorse the new agreement which will allow the LL to raise funds
for a new building on Pearson Field.
A request for permission to use the Upper Green by the North Shore Cyclists on August 21st for a rest stop for their Blazing Saddles Century Ride was approved on a motion by Selectman Walker, seconded by Selectman Keller and voted unanimously.
A license was renewed for Michael Morris d/b/a Schneller BMW Performance on a motion by Selectman Walker, seconded by Selectman Keller and voted unanimously.
On the recommendation of Chief Reilly, Reverend Robert Hagopian was appointed as Police Department Chaplain and Andrew Avelis was appointed a Special Police Officer, on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.
The minutes of the March 23rd meeting and April 2nd workshop were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Keller and voted unanimously.
Chairman Story commended Sam Joslin for a tremendous job securing donations and workers to paint the Little Schoolhouse on the Lower Green.
Selectman Bulgaris updated the Board on the recent presentation on the Larkin Road Dam and he advised the Board of the Fire Department’s opposition to full removal of the structure. Selectman Keller spoke on the quotes for cable access equipment and the establishment of a tri-town 501( c) (3). She also noted that interviews for replacement of the NES Principal are ongoing.
The meeting was adjourned at 9:20 p.m. on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.
Respectfully submitted,
Kathleen Sirois
Administrative Assistant
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