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BOARD OF SELECTMEN’S MEETING
APRIL 30, 2013
Chairman Story opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Story, Bulgaris, Bear, Mountain and Town Administrator Tracy Blais. Selectmen Walker was absent.
Martha Taylor advised that by unanimous vote the Evaluation Committee for the sale of Town owned properties recommended acceptance of the proposal/bid by Christopher and Denisse Horan for the purchase of the Yellow School property, 11 Lunt Street, Byfield. Mr. Horan spoke briefly on his background and proposed plans for a single-family dwelling with a two-car garage. Proposed alterations of the building will maximize historical preservation by maintaining many of the inside and outside details and will ensure the “Yellow School” remains a permanent and visible example of Byfield history. Selectman Mountain noted that the proposal meets all requirements. It was moved by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to approve the
sale.
Kathleen Pearson, Chair of the Planning Board advised that no changes had been made to the proposed zoning articles for town meeting with the exception of the permit granting authority for solar. This has been changed to the Planning Board from the Selectmen at the recommendation of Counsel.
Doug Packer and Bill Decie appeared before the Board to discuss two proposed projects on Blue Hill Avenue which involve a town owned right of way. Bob Britton has been permitted to repair his bulkhead and seawall. Dudley Glover has been ordered by the Building Commissioner to remove or make safe the structure now offering little erosion protection. Doug noted that the work, if not seamless, could have a negative effect on the ROW and compromise the stability of both properties. Decie provided photos of the homes and area in question. The proponents and Conservation seek permission to place rip rap in the ROW to stabilize the site and Conservation will write an emergency certification for the project. It was moved by
Selectman Bear, seconded by Selectman Bulgaris and voted unanimously to allow the applicants to use rip rap in the ROW for stabilization of the site per Conservation’s Order of Conditions/Emergency Cert. It was noted that this would improve public access.
TA Blais and the Board addressed the warrants. Blais noted that she had met with the Finance Committee and had their recommendation on the articles. Article #1 (snow & ice deficit) on the STM warrant was recommended by the FC by a vote of 5-0-0. Selectman Bear moved to approve Article #1, as presented, seconded by Selectman Bulgaris and voted unanimously. Article #2 (purchase of two lawn mowers for DPW) was recommended by the FC by a vote of 5-0-0 and approved by the CPC. Selectman Bear moved to approve Article #2, seconded by Selectman Bulgaris and voted unanimously. Selectman Mountain commented that this request barely meets the CPC guidelines but he was willing to go along with it. Article #3 (repairs to Grange Hall) was disapproved by the FC by a vote of 5-0-0 and CPC recommended a needs assessment be completed prior to monies being invested. Selectman Bear moved to remove from the warrant Article #3, seconded by Selectman Mountain and voted unanimously.
Article #4 (weir at Middle Road) was recommended by the FC by a vote of 5-0-0 with CPC approval. Selectman Bear moved to approve Article #4, seconded by Selectman Bulgaris and voted unanimously. Article #5 (Historic Commission expenses) was recommended by FC by a vote of 5-0-0. Selectman Bear moved to approve Article #5, seconded by Selectman Bulgaris and voted unanimously.
The Annual Town Meeting Warrant was addressed. Blais noted that Article #3 (budget appropriations) had three changes. The Road Improvement Program was reduced from $100K to $80K. Byfield Fire Protection Flat Rate and Newbury Fire Protection Flat Rate were each increased from $60K to $70K. Selectman Bear moved to approve Article #3 as amended, seconded by Selectman Bulgaris and voted unanimously. The FC also recommended this article by a vote of 5-0-0. Article #4 (monies to Stabilization Fund) was recommended by the FC by a vote of 5-0-0. Selectman Bear moved to approve Article #4, seconded by Selectman Mountain and voted unanimously. Article #5 (OPEB
benefits) was recommended by the FC by a vote of 5-0-0. Selectman Bulgaris moved to approve Article #5, seconded by Selectman Bear and voted unanimously. Article #6 (firefighter gear) was amended by CPC and FC and recommended as amended by FC on a vote of 5-0-0. The amount amended from $70K to $16K. Selectman Bulgaris moved to approve amended Article #6, seconded by Selectman Bear and voted unanimously. Article #7 (NES repairs) was recommended by the FC by a vote of 5-0-0. Selectman Bear moved to approve Article #7, seconded by Selectman Mountain and voted unanimously. Article #8 (Chapter 90 funds) was recommended by FC by a vote of 5-0-0. Selectman Bear moved to approve Article#8, seconded by Selectman Bulgaris and opened to discussion. Remley and Connors noted that this falls under the CPC bylaw as
the useful life of a road is five years and the cost over $10K. Roads needing repairs have been identified and will be prioritized. Story and Bear argued that Chapter 90 funds were for road maintenance. Bulgaris and Mountain thought funneling these funds through FC and CPC were good practice. Kathleen Pearson commented that the DPW Director had always been in charge of Chapter 90 funds. Blais noted that the CPC bylaw as written includes Chapter 90 funds and the bylaw would need to be amended if it was to be changed. The motion to approve Article #8 as presented was voted 3-0-0 with Bear abstaining. Article #9 (library repairs) was recommended by the FC by a vote of 5-0-0 with CPC approval. Selectman Mountain moved to approve Article #9, seconded by Selectman Bulgaris and voted unanimously. Article #10 (fire proof DPW garage) was recommended by the FC by a vote of 5-0-0 with CPC approval. Selectman Bulgaris moved to approve Article #10, seconded
by Selectman Bear and voted unanimously. Article #11(paving DPW parking lot) was disapproved by the FC by a vote of 5-0-0. FC and CPC noted this was not an appropriate use of free cash. Selectman Bear motioned to remove Article #11 from the warrant, seconded by Selectman Bulgaris and voted unanimously. Article #12 (renovation of DPW office & bathroom) was disapproved by the FC by a vote of 5-0-0. Selectman Bear motioned to remove from the warrant Article #12, seconded by Selectman Mountain and opened to discussion. Mountain asked for the reason for disapproval and Connors stated it was a needs assessment. There is an occupancy permit in place and the FC did not feel this is a priority for this fiscal year but a wish list item. The motion was voted unanimously. Article #13 (1-ton dump truck) was
recommended by FC by a vote of 5-0-0 with CPC approval. Selectman Bear moved to approve Article #13, seconded by Selectman Bulgaris and voted unanimously. Article #14 (Recreation Revolving Fund) was recommended by FC by a vote of 5-0-0. Selectman Bear moved to approve Article #14, seconded by Selectman Bulgaris and voted unanimously. Article #15 (Waterways Revolving Fund) was recommended by FC by a vote of 5-0-0. Selectman Mountain moved to approve Article #15, seconded by Selectman Bear and voted unanimously. Article #16 (Street Opening Bylaw) had no recommendation from FC. Selectman Bear moved to approve Article #16, as presented, seconded by Selectman Mountain and voted unanimously. Article #17 (call firefighters retirement benefits) was recommended by FC by a vote of 5-0-0. Selectman Bulgaris moved to approve Article #17, seconded by Selectman Bear and voted unanimously. Article #18 (legislation for abatement of RE taxes on P.I. for FY13) was
recommended by FC by a vote of 4-0-0 with one member recused. Selectman Bulgaris moved to approve Article #18, seconded by Selectman Mountain and voted unanimously. Articles #19 and #20 (Comm. MA contracts for road repairs) are formalities and appear every year on the warrant. Selectman Bear moved to approve Article #19, seconded by Selectman Mountain and voted unanimously. Selectman Bear moved to approve Article #20, seconded by Selectman Mountain and voted unanimously. Article #21 (senior work off program) was recommended by FC by a vote of 5-0-0 and approved by the Board of Assessors. Selectman Bear moved to approve Article #21, seconded by Selectman Bulgaris and voted unanimously. Article #22, #23 and #24 (amendments to Chapter 56 of our general bylaws pertaining to dogs and other animals) are to bring our bylaw
into compliance with State law and provide a slight increase to some fees. There was no recommendation from the FC. Selectman Bear moved to approve Article #22, #23 and #24, seconded by Selectman Mountain and voted unanimously. Article #25 (Zoning-boundaries BLI dist.) was approved as presented on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously. Article #26 (Zoning-boundaries CH dist.) was approved as presented on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously. Article #27 (Zoning-boundaries BVB dist.) was approved as presented on a motion by Selectman Bear, seconded by Selectman Mountain and voted unanimously. It was suggested that Planning incorporate maps into the warrant for the boundary changes for the convenience of the public. Formatting of the use table was also
discussed. It was moved by Selectman Bear to approve Article #28 (Zoning-Use Tables), seconded by Selectman Mountain and open to discussion. Pearson noted that the only change made since their last joint meeting was to the solar bylaw making Planning the special permit granting authority. Story argued there should be no special permits. Bulgaris wanted things to remain as they are, making changes only when and if needed. The motion to approve Article #28 was 3-1-0 with Story voting no. It was moved by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously to approve Article #29 (amendment to Accessory Apartments). Article #30 (Solar Bylaw) was addressed. Pearson noted that the only change is to the permit granting authority – change from BOS to Planning Board. Selectman Bear moved to approve
the article, seconded by Selectman Mountain and open to discussion. Mountain asked if the only concerns were with the permit granting authority. Are we satisfied with the rest of the bylaw, he asked. Bulgaris noted he did want to give up this SP granting authority. Larry Guay of the Finance Committee suggested the authority should go to the ZBA as they have done a good job with wireless communication sites. After some discussion with Pearson and Taylor of Planning, Selectman Bear recommended changing sections (c )01)(a) and 6(b)02) to read BOS rather than PB. Selectman Bear moved to amend Article #30 to establish the BOS as permit granting authority in place of the Planning Board throughout the bylaw, seconded by Selectman Bulgaris. The amendment was voted 3-1-0 with Mountain in opposition of the amendment. Selectman Bear moved to approve Article #30 as amended, seconded by Selectman Mountain and voted unanimously. Article #31 (Perrault
easement) was approved pending Counsel’s language on a motion by Selectman Bear, seconded by Selectman Mountain and vote unanimously. Article #32 (Legislative act to create a new regionalized veterans service district) was approved on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously. Blais noted the warrant as approved would be ready for signatures and posting by the end of the week.
TA Blais advised that the decision had been written by Counsel for the Sage Stone/Pikul solar permit and was available for review, vote and signatures. It was noted that Selectman Walker was absent so no vote on this decision could be made at this time.
On the recommendation of the CPC, Nicholas Orem of Green Street was appointed to replace Kathleen Pearson who had resigned on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously. The Finance Committee also advised that Larry Guay would be replacing Frank Wetenkamp as FC representative to the CPC.
On a motion by Selectman Bulgaris, seconded by Selectman Bear, Linda Allen was appointed to the Finance Committee to replace Frank Wetenkamp who resigned.
Warrants were signed for TA Blais.
The meeting was adjourned at 9:00 p.m. on a motion by Selectman Bulgaris, seconded by Selectman Mountain and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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