BOARD OF SELECTMEN’S MEETING
NOVEMBER 8, 2011
Chairman Joseph Story opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Story, Bulgaris, Mountain, Walker and Town Administrator Tracy Blais. Selectman Bear was absent.
Jordie Vining of Newburyport gave a brief overview of the Clipper City Rail Trail project of which Newbury is a small part. He noted he had been working on this project for over a decade. Five years ago land was purchased from the B&M Railroad, most in Newburyport but a few sections towards the train station are in Newbury. Additional properties have since been obtained through purchase or easements. Design and permitting from the waterfront across the shore line is about to kick off. The ultimate goal is to create a circlular trail to the train station. In accordance with an agreement with MassDOT, the trail at this time will be brought to Parker Street. Design and permitting will take approximately two years
and then funds must be raised. Vining stated he hoped the Town will continue to be supportive of this project. He asked the Board to consider assigning a liaison for meetings so the Town will be kept in the loop and he advised that MassDOT had requested a MOA for the project which is being drafted and will be forwarded to Newbury shortly for review. Mr. Vining was thanked for his input.
At 7:15 p.m. the legal notice for a public hearing for a special permit to allow a B&B at 75 Scotland Road (Rhonda Lenair) was read by Chairman Story. Tear sheets, certified abutters list and proof of notice to abutters including the Newbury Planning Board were submitted to the Board. The Lenairs advised they wished to offer one bedroom with a bath and adjacent office area as overnight or weekend accommodation for their clients. The house contains six bedrooms, only one to be used for B&B purposes. There will be no individual cooking facilities, breakfast may be provided to guests from the main kitchen, this use is incidental to the primary use of the dwelling, there will be no structural or appearance changes, and there is adequate parking to
accommodate five or six vehicles. Chairman Story asked if anyone wished to speak in favor or opposition of this application. There was no one. Selectman Mountain moved to approve the special permit for a B&B at 75 Scotland Road with the stipulation that all pertinent regulations of the Board of Health and Board of Fire Engineers be met, seconded by Selectman Walker and voted unanimously. Applicants were advised of the twenty day appeal period and recording of the decision prior to obtaining permits from the Building Inspector. The hearing was closed at 7:23 p.m.
Town Administrator Tracy Blais advised she had spoken with Police, Fire, Planning, Building Inspector and DPW regarding MEMA’s Mutual Aid Opt-in Agreement and all were in agreement to move forward. Selectman Bulgaris moved that Newbury opt-in to the mutual aid agreement (MGL c.40, §§4J and 4K) specifically the “statewide public safety mutual aid agreement” (§4J) and the “statewide public works municipal mutual aid agreement” (§4K), seconded by Selectman Mountain and voted unanimously. TA Blais was authorized to complete the necessary forms and forward them to MEMA.
TA Blais updated the Board on the recent land sales. She advised 14 Old Point Road sold to Joyce Machiros for $5K, closing on October 24th; 33-16th Street sold to William Noonan for $50,100, closing October 18th; 21 Hutchins Road sold to Peter and Teresa Dedon for $30K, closing November 5th; 34-14th Street sold to Kell/Thurlow for $41K, closing November 4th, a deposit was received on 73 Old Point Road from J. Ostrander of $2,600, closing scheduled for November 21st; and a deposit of $55K was received on 3 Temple Blvd. from Ralph Cox, closing date to be determined.
A request from the Triton Regional School District to extend the date for submission of their FY13 operating budget to no later than April 1, 2012 was briefly discussed. Blais noted that the Finance Committee was okay with this proposal and they could make it work. It was moved by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously to allow this extension for the submission of TRSD’s operating budget.
Blais asked if a request for use of up to $10K of Comcast funds for repairs to the hall should come to the Selectmen or the Communications/Media Committee for consideration. It was decided that she should notify the Media Committee of use of the funds.
Blais advised that the Town Hall roof project had been completed. The DPW facility is about one week from completion and a permanent occupancy permit is close to being issued. Our Schedule A has been completed and submitted to DOR. She also noted she would like to tie Newbury’s holiday schedule to state policy which was fine with the Selectmen
The Survey of Interest from the Mass Office of Travel & Tourism was discussed. Selectman Walker advised he emailed the Director of the Film Office for more information and received no reply. This appears to be an innocuous survey with no commitments, he noted, so TA Blais was authorized by the Selectmen to complete the survey and file it with the Mass Film Office.
At 7:35 p.m. the legal notice for a public hearing on the proposed disposition of real property was read by Chairman Story. Town Planner Martha Taylor gave a brief overview of each property. 9-12th Street (Map U03-0-53) contains approximately 3300 s/f and lies between 10th & 12th Streets. It is classified as municipal, vacant and not buildable. 12th Street is a real street and there are houses on the adjacent lots. Selectman Walker moved to declare 9-12th Street surplus property, seconded by Selectman Mountain. Chairman Story asked if anyone had questions or comments on this lot. Carol Tamagna of 10-10th Street advised this
lot abuts their back yard and they would be interested in purchasing it. She was advised that these properties must go through the RFP process and her bid would be welcomed. The motion was voted unanimously to declare 9-12th Street surplus property. 11-16th Street (Map U03-0-118) contains 4930 s/f is classified municipal, vacant and not buildable and there are houses on all sides. Selectman Walker moved to declare 11-16th Street surplus property, seconded by Selectman Bulgaris. Chairman Story invited questions or comments from the audience. Emily Abt, 9-16th Street and Pat & Wallace Ramsden, 13-16th Street stated they would like to see this lot kept as open space. The motion was voted unanimously to declare 11-16th Street surplus. 32-14th Street
(Map U03-0-53) contains 14,700 s/f, has no frontage and is land locked with no access on a street or way. Selectman Walker moved to declare 32-14th Street surplus, seconded by Selectman Bulgaris. Chairman Story invited questions or comments from the audience. Michael G. Wallace, 16R Hutchins Terr. stated he would like to see this lot remain open space. Al Romano, 39-16th Tee Street noted that this is a huge lot and is assessed by the Town for $173K which makes it too expensive to buy in total as taxes are forever. Also an emergency road is proposed to pass by this lot which could open this up to liability. Chairman Story acknowledged that the assessed value seems high for an un-buildable lot, but it could add value to the four abutting properties. Selectman Mountain noted that we now have comparables to determine fair prices for these un-buildable lots. The motion was voted unanimously to declare 32-14th Street surplus. 14 Pearson Drive (Map R20-0-18)
contains 1.74 acres and is in the A/R district and part of the Highfields Subdivision which was completed in 1978. Copies of the subdivision plan, a covenant, recorded deed of the Town of Newbury for Lot 10 and an excerpt from Section 117-24 of the Zoning Bylaws were included in the packet. The bylaws allow Planning to provide for a lot to be designated a public area or open space to be used for a playground, recreational purposes or for providing light and air. This lot was offered to the Town for this purpose, accepted and deeded to the Town within the stipulated two year period. Selectman Bulgaris moved to not declare 14 Pearson Drive surplus and to stick to the plan of the subdivision for this area to be used for open space or recreation, seconded by Selectman Mountain. Chairman Story suggested that other cases may arise and if conveyed for a purpose, we should honor those wishes. He advised that a neighborhood meeting would be scheduled in the near future to
discuss best use and management of this lot. Charles and Linda Antonio, 18 Pearson Drive and Tom Frankiewicz, 21 Pearson Drive spoke in support of keeping it open land. David Powell suggested putting it under a permanent conservation restriction but Selectman Bulgaris felt strongly it should be kept by the Town and maintained. Selectman Mountain noted that management plans need to be developed for future care of properties like this one. The motion to not declare 14 Pearson Drive surplus was voted unanimously.
A notice of receipt of a small “sustainable Materials Recovery Program Municipal grant” from DEP in the amount of $750 was read and filed.
The minutes of the October 25th meeting were accepted as presented on a motion by Selectman Bulgaris, seconded by Selectman Mountain and voted unanimously.
A Chapter 90 reimbursement request in the amount of $18,752 for the Byfield Village Safety Improvements project was signed and will be submitted for payment.
A one-day liquor license for Protection Fire Co. #2 for a function on November 26th from 12-5 p.m. was approved on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.
A letter from Real Recycling Massachusetts enlisting members opposed to expanding the Mass bottle bill was read and filed. No action was taken.
A request for use of the school house on the Lower Green by Essex County Greenbelt and the Committee to save the Lower Green on Saturday, November 19th from 10 a.m. to 12 noon was approved on a motion by Selectman Mountain, seconded by Selectman Walker and voted unanimously.
A letter of appreciation from ACO Carol Larocque regarding aid received from Officer Smith during a rescue of a dog in the marsh was acknowledged and filed.
A memo from Senator Tarr regarding additional Unrestricted General Government Aid to the Town in the amount of $31,672 was read and filed. TA Blais noted that while no appropriation of this money is in place for the FY12 budget, this supplemental aid will close out to free cash at the end of the year.
Warrants were signed for the Town Administrator.
Chairman Story advised that the Selectmen have been invited to attend a December meeting at Triton to revisit the Triton Agreement, exact date to be determined.
Selectman Mountain questioned who Media Committee expenditures should be submitted to for consideration. Chairman Story advised that expenditures should be submitted to TA Blais for approval and payment.
The meeting was adjourned at 8:15 p.m. on a motion by Selectman Mountain, seconded by Selectman Bulgaris and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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