SELECTMEN’S MEETING
AUGUST 26, 2014
Chairman Geoffrey Walker opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Walker, Bulgaris, Bear, Jespersen and Town Administrator Tracy Blais. Selectman Mountain was absent.
Eric Svahn, Chair of the Municipal Building Committee, presented the Board with a report for review from CSS Architects with two options and project costs for the new Police and Town Hall facilities. He noted the Committee was seriously looking at Option 2 and he would be available to walk through the numbers and explain the reasoning behind their recommendation after the Board had a chance to review the report.
Chairman Walker took a moment to remember Christopher Drelich who passed away suddenly July 22, 2014.
On the recommendation of Chief Reilly the following appointments were made: Andrew Bridges as F/T Patrolman on a motion by Selectman Bulgaris, seconded by Selectman Bear and voted unanimously. Robert Bishop as Emergency Management Responder and Jim Velonis as Assistant Harbormaster on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously. John Lucey III, Daniel Lee and Adam Sanborn as P/T Reserve Officers on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
A Class II Used Car Dealer’s License was approved for Autowerks of Hampton Falls Inc. at 88 Newburyport Turnpike on a motion by Selectmen Bear, seconded by Selectman Jespersen and voted unanimously. Autowerks is moving from 72 State Street, Newburyport.
A one-day liquor license issued to Paone/Iannotti for a wedding at SPLF on September 13, 2014 from 4-11 p.m. was approved, contingent on approval of the Fire Chief, on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
Six one-day liquor licenses were approved for Protection Fire Co. #2 for functions September 20, September 27, October 4, October 18, November 15 and November 22 from 6-10 p.m., contingent on approval of the Fire Chief on a motion by Selectman Jespersen, seconded by Selectman Bulgaris and voted unanimously.
Gregg Pugh addressed the Board regarding his permit for entertainment at the Beachcoma. He asked the Board to reconsider amped sound and to extend the permit to include one Saturday each month from 7-10 p.m. Selectman Jespersen moved to approve the request seconded by Selectman Walker and open to discussion. Selectmen Bulgaris and Bear were against the change as they had both received complaints of amped sound and extending the music past 7 p.m. Pugh noted that a singer or piano/keyboard could not be heard without amplification. Kevin Kelly, a frequent customer, agreed about the amplification and disagreed that the music was extended past the 7 p.m. cut off. Chief
Pearson was concerned that the restaurant was not sprinkled and the fire alarms could not be heard over the entertainment. After a brief discussion, and by mutual agreement, the request was withdrawn for the present time and can be presented again in the future.
Chairman Walker announced there was a situation with the public hearings as one member of the Board is missing and a super majority (4 out of 5) votes would be needed to approve the special permit applications for Borrego Solar. Attorney Mead noted that the Town had accepted the “Mullins Rule” in 2007 which states an absent member may view the recording of the meeting missed and certify it was watched for the next meeting. A member can use this rule only once for a hearing. She advised that the other option was to continue the public hearings for the solar array permits to the next meeting. It was agreed by all that the preference was to present the applications tonight. At 7:35 p.m.
Chairman Walker opened the public hearings. Clerk Damon Jespersen read the legal notice for the 8 Middle Road application. Walker advised that as “special granting authority” the Selectmen would review two solar installation applications tonight. It is important to note that a solar bylaw was approved at Town Meeting and with the aid of Attorney Mead and other pertinent board members we will follow the bylaw guidelines. Tear sheets, certified abutters lists and proof of notice to the abutters have been submitted and all concerns will be heard, he stated. Steve Long, Borrego Solar representative presented a basic introduction to the Middle Road project. He noted they would utilize ten out of a combined eighty seven acres. This site is located in the “Business Light Industrial District’. The storm water
analysis has been done and a revised plan was submitted to the CC showing a change in flood plain elevations from 8 to 10 due to the new FEMA maps. Fire and Police have no problems – a black box will be installed at the gates and training will be implemented. A site walk was done and CC has issued an “order of conditions” for this project. Walker asked if anyone wished to speak in favor of the project. Fred Thurlow of 26 Marsh Avenue stated he was a supporter of green energy and supported both projects. He approved this project as it is an allowed use in the BLI District. John Harwood, 162 High Road noted he had confidence in the Board, town officials and the voters that passed this bylaw. In the interest of the whole town and green energy, he was in favor of these projects. Walker asked if anyone wished to speak in
opposition. Joanne Purinton of Main Street asked if there were separate hearings for each application and was told there would be two separate hearings – this first one was for 8 Middle Road. Walker asked if the Board had any questions and there were none at this time. With reference to Newbury’s Ground-Mounted Solar Photovoltaic Installations Bylaw, the Planning Board submitted their observations and recommendations for each of the two applications. Some of the issues were addressed over the weekend after the letter was written, Martha Taylor noted. Two items (no performance bond and training for fire service) has not yet been addressed. Special Permit Review Criteria was reviewed step by step by Chairman Walker. a) updated flood maps need to be noted and clarified; g) land clearing – number of trees being remove (“may”
mitigate up to 100%) not addressed in this report. J. Harrison, Project Developer noted this is an unreasonable burden for this project. The landowner in a commercial area may remove trees in an upland area by right so they were asking for relief from this section. These are scrubby small trees and the lot has been cleared within the past fifty years. Jespersen commented that it is difficult to mitigate without a count. Bulgaris agreed with Jespersen’s line of thought but stated he had no problem with removing trees and this should not stop the project. Bear agreed and said he did not see any high quality trees during the site walk so he was okay with relief from this section of the bylaw. Attorney Mead advised there is no waiver in the bylaw but it says “may” require so it is not necessary to impose this section, an inventory
is not necessary. Harrison noted he was not against an inventory of trees removed, he was asking for flexibility due to timing. He presented a “certificate of insurance to the Board. Under the Operation and Maintenance Plan section there is no plan for keeping the road cleared for fire and emergency vehicles. Harrison stated they did not plan to plow unless there was a need to get to the site as there is no traffic associated with this project. No shoveling of panels or plowing of roads is anticipated. Mead asked if there were any storm water structures that must be maintained and Long answered “not on this site”. Mead asked for a description of what an emergency might entail. Harrison noted the system is monitored and sends out an alert if public health and welfare might be jeopardized. There is a buffer along the fence and fires are very
rare. Harrison advised they were open to suggestions and would work with the electrical inspector. We met with the Fire Chief and they will use the forestry truck if they need to fight a fire there. Bulgaris advised he had seen fires in the Western Division power lines but the power coming off this solar installation is not enough magnitude to present a problem. As to lighting and screening Long noted the site will be screened and lights on the equipment pads will be on motion sensors. Lights are eight feet high and blocked by the panels. Invertor pad locations are in the interior and will not be seen from outside the site. Sensitivity can also be adjusted. 02) a, b and c were okay. d) show on site plan adequate parking for three trucks and two automobiles. Mead advised the bylaw in this instance says “must” not “may”. e) adequate access for fire and emergency equipment should have written approval from fire and police in the plan. Sections f) through
m) had no issues. Mead noted that a special permit may be granted if the SPGA finds that all conditions of (6)(d)(02)(a-n) have been satisfied. She will compile a list of missing info for Borrego and asked that the outstanding information be provided one week in advance for review. Jespersem moved to continue the hearing to the September 9, 2014 meeting at 7:30 p.m., seconded by Bulgaris and voted unanimously.
A ten minute recess was called at 9:40 p.m.
At 9:50 p.m. the second hearing for 136 Main Street was opened. Tear sheets, certified abutters lists and proof of notice to the abutters having been submitted, the legal notice was read by Clerk Jespersen. Walker noted that the same process would be used – presentation of the site, persons speaking in favor or opposed and continuation of the hearing. Steve Long of Borrego gave a brief presentation of the site which is situated on four separate parcels with access from Main Street through an existing driveway to a cart path. There is a wetlands crossing and the site of eleven acres of wooded lots is zoned agricultural/residential. This site is still under CC review for a notice of intent.
Fire and Police have given a verbal okay for access. The Courtney Drive screening has been addressed. A revised plan adds screening in the NW corner. Some rocks will be removed and the fence line has been moved in. 10-11’ Colorado Spruce will be used for screening with seeding of the trees 15’ on center along the NW side. Walker thanked Long for his presentation and noted it would be nice if going forward we could follow the bylaw. Speaking in favor of the project was Steve Fram of Forest Street. He stated he hated to see trees cut but the voters have spoken by passing this bylaw and sometimes it may fall in your back yard. Speaking in opposition was Greg Marshall of 6 Courtney Drive who presented a slide show. He noted that the changes made to the plan were appreciated but he still had
concerns. He asked for clarification on the acreage. He commented that DOER (Dpt. of Energy Resources) discourages locations that require tree cutting. SREC (Solar Renewable Energy Credits) prioritize small arrays. The Borrego Solar website shows many good projects but none are residential. While 5% of the panels are removed in the newest proposal, my roof was visible on the site walk. He noted he was supportive of solar but not in a residential area. Adam True of 1 Courtney Drive commented that he will rehab his newly purchased property for resale and was concerned about property values. Morin of 4 Courtney Drive who has solar panels on his roof stated his concern was clear cutting and where does the water go without trees. Greco of 6 Courtney Drive compared Borrego’s application to the bylaw and raised several questions, some of which were fielded by
John O’Connell of the Conservation Commission. Pat Robinson of Knobb Hill was concerned it could happen in other parts of town. Bill True of 150 Main Street stated this site may not be appropriate. Federal tax credits may be reviewed in two years and these arrays may lose funding. Joanne Purinton as a real estate agent commented that this massive installation could have an adverse affect on surrounding home values. The character of the Town will change and it is too big in the wrong place. Walker thanked everyone for their input. Jespersen moved to continue this hearing to the September 9, 2014 meeting at 8:00 p.m., seconded by Bulgaris and voted unanimously.
The Town Administrator’s report was put on hold until the next meeting.
A wine and beer package store license approved by ABCC was signed on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
Two Chapter 90 reimbursement requests and a new project request for overlaying Church Street were signed on a motion by Selectman Jespersen, seconded by Selectman Bear and voted unanimously.
The minutes of the July 22nd meeting were accepted as presented on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
An update and Board of Health meeting minutes on the trash problem at Plum Island Center were read and filed.
Warrants were signed for TA Blais.
A request from Triton HS Cheering for permission to hold a car wash in the Town Hall parking lot some weekend in early September was tentatively approved pending an okay from Chief Reilly regarding traffic control and possible safety hazards.
Permission was given to Selectmen Bear to send a letter to the MA DOT requesting assistance in repairing the bridge on Main Street by a motion from Selectman Bulgaris, seconded by Seectman Jespersen and voted unanimously.
The meeting was adjourned at 11 p.m. on a motion by Selectman Bear, seconded by Selectman Jespersen and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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