Town of Newbury
Board of Selectmen
Minutes
Date: February 24, 2015
Present: Chairman Geoffrey Walker, Selectmen, Chuck Bear, Damon Jespersen and J.R. Colby
Chairman, Geoffrey Walker, called the meeting to order at 7:00 p.m. with the salute to the flag. Chairman Walker requested a moment of silence to honor the late Selectman, Michael Bulgaris.
Board and Committee Reports:
Eric Svahn, Chairman of the Municipal Building Committee was unable to attend the meeting. In his absence, Chairman Walker read a letter received by Eric congratulating new Selectman, JR Colby on his election to the Board of Selectman and welcoming him to attend future Municipal Building Committee meetings. Eric’s letter reviewed the MBC work and progress to date. He stated that the MBC has been working on a proposed project recommendation to the Board of Selectman. The committee is addressing a response to Fire Protection #2 for the land proposal offer. The MBC has issued a draft funding budget for proposed architectural and engineering design phase fees to the Capital Planning Committee and the Finance Committee. The committee is seeking a second opinion of the projects budgets they have prepared by a local contractor.
Town Planner, Martha Taylor informed all that the next Municipal Building Committee is scheduled for Thursday March 5, 2015 @ 7:00 a.m. In preparation for the meeting she presented Selectman Colby with a copy of the MBC report issued in July of 2014 and a copy of the workshop presentation made in November of 2014.
Martha Taylor presented the Board of Selectmen with the Proposed Zoning By-law Changes with the request that the Board refer the proposed amendments back to the Planning Board for a Public Hearing in preparation for the May 2015 Annual Town Meeting. The Public Hearing is tentatively scheduled for April 1st. Prior to the Public Hearing, comments are welcomed and should be directed to Martha Taylor or to the Planning Board.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to refer the proposed Zoning By-law Changes back to the Planning Board for Public Hearing.
New Business:
Deputy Chief John Lucey explained the request of the Board of Selectmen to accept the resignation of Amber Todd as Reserve Police Officer and appointment as Reserve Dispatcher.
Motion: A motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to accept the resignation of Amber Todd from the position of Reserve Officer and to approve the appointment as Reserve Dispatcher.
Martha Taylor, a member of the Newburyport Choral Society explained the request for a banner on the backstop at Newbury Upper Green, from April 17th – May 4th, 2015, advertising the spring concert of May 2nd and 3rd.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the request for a banner on the backstop at Newbury Upper Green, from April 17th – May 4th, 2015, advertising the spring concert of May 2nd and 3rd.
Public Hearings:
At 7:15 p.m. the Public Hearing was opened by Chairman Walker who read the legal notice for a public hearing on National Grid and Verizon New England Plan #18055724-B Orchard St. - National Grid proposes to install a new pole. The new pole will be located on the town property on the north side of Orchard St and will be labeled 28-84. Sam Eang of National Grid explained the project to the Board of Selectmen.
Motion: A motion was made by Selectman Bear, seconded by Selectman Colby and voted unanimously to approve the plan as presented.
New Business continued:
One-day Liquor License – Pine Grove School, PTA – The 2nd Annual Pine Grove Silent & Live Auction “Giddy-Up & Bid” at the Governor’s Academy, Saturday, March 21, 2015 from 6:30 to 11:00 p.m. Arian Haley, Secretary of the Pine Grove School PTA explained the event to the Board of Selectmen.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the one-day Liquor License for Pine Grove School, PTA for the 2nd Annual Pine Grove Silent & Live
Auction “Giddy-Up & Bid” at the Governor’s Academy, Saturday, March 21, 2015 from 6:30 to 11:00 p.m.
One-day Liquor License – Protection Fire Company, No. 2 – Triton Gradventure Trivia Night, Saturday, March 13, 2015, 7:00 to 11:00 p.m.
Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the one-day Liquor License for Protection Fire Company, No. 2 – Triton Gradventure Trivia Night, Saturday, March 13, 2015, 7:00 to 11:00 p.m.
A 2015 Business License Renewal was reviewed.
Motion: A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to approve the 2015 Business License Renewal as follows:
Elizabeth Moulton-Cowie/Martha Moulton dba Surfland Bait & Tackle, LLC, 30 Plum Island Blvd, General Business - Bait, Tackle & Sporting Goods
Town Administrators Report:
Town Adminsitrator, Tracy Blais, updated the Board of Selectmen on the Plum Island sewer problems. She had an opportunity to talk with Mayor Holaday on Monday and will attend a meeting on Friday with the Mayor and the State Legislators to bring the public up to date and discuss possible solutions. The City of Newburyport is continuing work to address the issues with the system and have requested that all residents clear the snow away from the candy cane vents. Sounds of continuous hissing may indicate a frozen valve and should be reported. Temporary housing is being provided to those Plum Island homeowners that have been impacted. Should residents experience sewer back-up they should notify the City of Newburyport Water and Sewer business office. Should a back-up happen during non-business hours residents will be asked to contact the
Newburyport Police Department. The Town of Newbury and the City of Newburyport will coordinate sharing information on the 2 municipal websites so residents can obtain consistent information from either website.
Ms. Blais reported that on February 17th the Board of Fire Engineers elected Nathan Greoffrey Walker as the new Chief of the Newbury Fire Department. Chief Walker has been sworn in and the State Fire Marshall has been notified.
The snow and ice account is currently in a deficit position. Ms. Blais asked for a vote of the Board to declare a snow and ice emergency which under Massachusetts General Law, Chapter 44 Section 31D would allow deficit spending in that account. The deficit spending would require funding by June 30th.
Motion: A motion was made by Selectman Jespersen, seconded by Selectmen Bear and voted unanimously to declare a snow emergency and allow for deficit spending.
An FY2016 budget update was given. Department managers have submitted their budget requests to the Town Administrator and hearings were conducted. Ms. Blais expects the Triton budget information early next week. When that is received the budget document booklets will be created for distribution and review. Ms. Blais recommended a joint meeting with the Finance Committee during the March 24th Board of Selectmen’s Meeting.
Following the advertising of the DPW Director position, 14 to 15 resumes were received. 5 applicants were highly qualified and interviews were conducted. The candidates were evaluated based on 11 different criteria. After a final interview, the decision was made to offer the position to James Sarette who is currently the acting DPW Director and who has been the Foreman of the DPW for many years.
New Business continued:
Borrego Solar Systems, Inc. - Submission of Special Permit Application for 2.795 mW Solar Energy Generating Facility at 136 Main Street
Town Planner, Martha Taylor reported that Steve Long of Borrego Solar Systems, Inc. had submitted a preliminary copy of the submission to her which she had reviewed to ensure completion and to make sure there were no glaring inconsistencies. Following review, comments were sent to Mr. Long last week. Ms. Taylor reported that Mr. Long assured her that all her comments had been addressed.
Steve Long of Borrego Solar appeared before the Board of Selectmen to request a special permit. He explained Borrego Solar is resubmitting their application which was withdrawn at the Board of Selectman’s meeting of February 5th. Mr. Long reviewed and explained the drawings of the solar project, containing approximately 9,000 solar panels which would be located on 4 parcels of land, 93 acres in total, owned by the Yesair Family at 136 Main Street. He stated a notice of intent had been submitted to the Conservation Commission and a meeting has been scheduled during March.
Motion: A motion was made by Selectman Jespersen, seconded by Selectmen Bear and voted unanimously to accept Borrego Solar Systems, Inc. Special Permit Application for 2.795 mW Solar Energy Generating Facility at 136 Main Street.
Motion: A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to set the date for the Public Hearing on March 24th 2015 @ 7:30 p.m. for Borrego Solar Systems, Inc. Special Permit Application for 2.795 mW Solar Energy Generating Facility at 136 Main Street.
Public Hearings Continued:
7:30 p.m. Continuance of the joint public hearing of the Newbury Board of Selectmen and the Newbury Planning Board for a Water Supply Protection Overlay District Special Permit (Board of Selectmen) and for Site Plan Review Approval (Planning Board) for development of a mixed-use commercial building at 76 Newburyport Turnpike, Map R47, Parcel 16, for applicant Michael Houlihan, Roots to Wings Yoga and Healing. Continued from the February 18, 2015 joint public hearing of the Newbury Planning Board and the Board of Selectmen.
Motion: At 7:30 p.m. a motion was made by Selectman Jespersen, seconded by Selectman Bear and voted unanimously to open the joint public hearing of the Newbury Board of Selectmen and the Newbury Planning Board continued from February 18, 2015 for the 76 Newburyport Turnpike project by applicant Michael Houlihan, Roots to Wings Yoga and Healing.
Motion: At 7:33 p.m. a motion was made by Planning Board Member, John O’Connell, seconded by Board Member, Elizabeth Mitchell and voted unanimously to open the joint public hearing.
Chairman Walker opened the discussion to public comment or questions. There was no audience discussion.
Martha Taylor, Town Planner explained the Planning Board decision of Site Plan Review has been reviewed by Town Counsel and by the Planning Board Members. It reviews the background of the project, materials submitted for consideration and site plan review criteria that the Board had discussed at last week’s meeting. The conclusion was that the project, as proposed, meets the criteria with four (4) conditions: 1.) Contingent on final approval by the Conservation Commission. Martha Taylor stated the Conservation Commission had approved and will be issuing an order of conditions. If there was anything different in the order of conditions that would require a change then the site plan would have to be changed in accordance with that. 2.) Allows the Planning Board to visit and go on the site. 3.) The Site Plan Review Approval is not to
be construed as approval from any other board. 4.) At the discretion of the Building Commissioner, he may require that the Site Plan Review Approval be recorded at the Southern Essex District Registry of Deeds. Duration of approval is two (2) years from the date of issue to completion.
Motion: A motion was made by Elizabeth Mitchell, seconded by John O’Connell and voted unanimously to approve the decision of site plan review for 76 Newburyport Turnpike, applicant Michael Houlihan, Roots to Wings Yoga and Healing.
Martha Taylor distributed copies of the Site Plan Review Approval to the Planning Board for signatures. Following filing with the Town Clerk on February 25th the appeal period of 20 days will begin on February 26th.
Martha explained that the project background for the Board of Selectmen is the same.
The Board of Selectmen Special Permit approval is based on the criteria in the Water Supply Protection Overlay District Bylaw. Two conditions of Special Permit approval exist: 1.) Conditions of approval of all permits issued by other boards or agencies of the Town of Newbury shall be considered conditions of approval under this Special Permit. In the event that said permits contain conditions conflicting with the conditions hereof, the Board of Selectmen reserves the right to amend the conditions of the Special Permit, after hearing, so as to render it consistent. 2.) The Special Permit is granted with the understanding that it will be recorded by the Applicant at the Southern Essex District Registry of Deeds and that a copy of the recorded document showing Book and Page will be filed with the Board of Selectmen.
Motion: A motion was made by Selectman Jespersen, seconded by Selectmen Bear and voted unanimously to approve the Special Permit, subject to the conditions, for 76 Newburyport Turnpike, Newbury, MA, and Applicant: Michael Houlihan, Roots to Wings Yoga and Healing.
Motion: A motion was made by Selectman Jespersen, seconded by Selectmen Bear and voted unanimously to close the Public Hearing.
Motion: A motion was made by Planning Board Member, John O’Connell, seconded By Board Member, Elizabeth Mitchell and voted unanimously to close the Public Hearing.
Old Business:
Update of the memorial tribute for the late David Mountain by Selectman Jespersen and Marlene Schroeder, Vice President of Parker River Clean Water Association
Marlene Schroeder, 1 Anchor Way, Newbury, Vice President of Parker River Clean Water Association, updated the Board on the tribute for late Selectman, David Mountain. She said she had talked with the Byfield Water District who owns a small piece of land on the river right side of the Central Street Dam. Marlene and Selectman, JR Colby attended the water board meeting. The Byfield Water District enthusiastically approved her request to place a memorial, rustic-style, granite bench tribute to the late David Mountain, Parker River Clean Water Association founder and Newbury Selectman. The suggested inscription would read “David Mountain – Friend of the River, Servant to the Town”. The PRCWA had received sufficient donations to cover expenses and would not need a monetary contribution from the Town.
Motion: A motion was made by Selectman Jespersen, seconded by Selectmen Bear and voted unanimously to approve participating in the memorial for the late Selectman, David Mountain with Parker River Clean Water Association.
Selectman Jespersen suggested to the Board that the naming of a trail on Town property be pursued as a further tribute for the late Selectman. He stated the efforts of Marlene Schroeder and the Parker River Clean Water Association were very much appreciated.
Marlene Schroeder invited the Board to attend the Parker River Clean Water Association Annual Meeting. Tom French of the Massachusetts Division of Fish and Wildlife, Natural Heritage and Endangered Species Program is the invited guest speaker.
Correspondence:All correspondence was reviewed.
Minutes:
Motion: A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to approve the minutes of the February 5, 2015 meeting as presented.
Warrants
Motion: A motion was made by Selectman Jespersen, seconded by Selectmen Bear and voted unanimously to approve the Warrants as presented. Warrants presented were signed by the Board of Selectmen.
Meeting Updates:
Selectman Jespersen reported that he had attended the Triton Regional School Committee Meeting. The Committee has requested the Town consider decisions regarding fees for sports at Whittier Regional Technical High School, the division of the apportionment of cost for the new stadium at Triton High School and the future stadium revenue and how that revenue will be used. He reported in exploring how to create new revenue he had been in contact with a company to discuss solar generating on the Town landfill, the roof of Newbury Elementary School, and sites that Triton owns.
The idea of a memorial for late Selectman, Michael Bulgaris was brought forward by Selectman Jespersen. The Selectmen will seek input from others and ideas will be explored and discussed.
Executive Session: No Executive Session
Adjournment:
Motion: At 8:03 p.m. a motion to adjourn was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously.
Respectfully submitted,
Ellen Jameson
Executive Administrator
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