Town of Princeton, MA
BOARD OF SELECTMEN
September 24, 2012
The meeting was called to order at 5:00 PM in the Annex. Present were Chairman Edith Morgan, Stan Moss, Neil Sulmasy and Town Administrator John Lebeaux.
FY13 Warrant #06
The Board reviewed and signed the FY’13 #06 payroll and vendor warrants from the Treasurer and Accountant.
Minutes
Stan moved to accept the minutes of Sept. 10, 2012 with one edit. Neil seconded. All voted in favor.
Scheduled Meetings
5:15 PM Meeting with Planning Board PB member Tom Daly explained the violation of Ethics Commission rules, when last year’s Worcester Road Project Advisory Committee (PAC) was appointed without submitting Disclosure Forms indicating potential conflict of interest – crafting new zoning for their own neighborhoods. In addition, two PB members live in the neighborhood and one of then served on the PAC. Any decisions about possibility of conflicts should have been addressed, by selectmen, at beginning of the appointment process.
PB members Ann Neuburg, John Mirick and Jon Fuderman were also present. They outlined three options: 1) use the PAC report and develop a new zoning bylaw at risk of Ethics Commission getting involved, which could result in any degree of censure, or none at all. 2) Reconvene another PAC and start over, using CMRPC focus group reports that are not connected to the PAC. Tom D. noted that re-appointing anyone who had served on the original PAC may not be eligible—Ethics Comm. may dictate all new individuals. 3) the three PB members who are not ‘conflicted’ may facilitate future meetings of the general public, avoiding any appointed committee altogether, which circumvents jurisdiction by the Ethics Comm.
Edith said to do whatever will get the best results [at Town Meeting]. Stan noted the concept of zoning for a business district on Worcester Road came out of the Master Plan and the focus must be on how such a district affects the entire town, beyond just abutters. He would not be inclined to re-appoint the original PAC if the process were to start over. Neil asked that PB clarify state rules about allowing any original members of PAC to be reappointed, whether they had a potential conflict of interest, or not.
Jon F. said lots of work had been done, and input from the CMRPC focus groups, and those reports, could be used in Option 3) to move forward with zoning changes, although no articles would be ready for spring 2013 Annual Town Meeting. Town Admin. John L. pointed out that the PAC is advisory only, and all they did was make recommendations. They were many steps removed from actual zoning changes made at a town meeting, but town boards are obligated to follow and respect state Ethics Rules.
5:45 p.m. Dog Hearing All parties involved in the hearing, who would be testifying, were sworn in by the chairwoman. A letter of complaint from Mary Bolger, 25 Worcester Road, was read. It outlined a barking nuisance by Dakota, owned by Phil Connors at 23 Worcester Road. Phil C. distributed letters from several neighbors indicating that there was no nuisance and stated that he did not believe that Dakota was creating a nuisance. Selectmen agreed that this was a continuation from the hearing on Feb. 14, 2011, after researching the minutes from that hearing, which included a vote by the BOS declaring that the barking constituted a public nuisance. Several recommendations were made and the BOS voted to continue the hearing and reconvene in 90 days “or until such time the board sees fit” to close the hearing and assess
progress. Recommendations to remediate the nuisance were followed to a degree after that, although the issue was not taken up at the 90 day point.
James and Mary Bolger and Anne Littlefield, 27 Worcester Road, all testified about lengthy stretches--up to an hour--of Dakota barking, provoked by sound or motion around the house. They all reported “no compliance” and described noise as very intrusive. Mary presented extensive logs of specific times of barking and subsequent complaints lodged with police dispatch. Most of those present agreed that Dakota is barking out of anxiety and/or boredom and that she is an active hound that needs exercise.
Animal Control Officer Louis Massa has defined a “public nuisance” as over 20 minutes of continuous barking. He reported that options for remediation include: behavior modification with private or group training; anti-anxiety drugs; keeping dog in more isolated part of house or yard; more exercise; and bark-collars, either citronella-emitting—as long as it is effective-- or electronic.
Several letters were accepted for the record, declaring that Dakota did not create a nuisance. They were from: Roger Desilets, DDS, 20 Worcester Road, on Sept. 24, 2012; Denis Coughlin, 15 Worcester Road, Sept. 23, 2012; Thomas Connors, 23 Worcester Road, Sept. 16, 2012; Bart Murphy, Westside Animal Hospital in Worcester, Sept. 21, 2012 and Feb. 2011; Wendy Bonaccolto, Sept. 20, 2012 and Feb, 8, 2011; Melissa Braconnier, Feb. 10, 2011; Amy Lynn Parker, 66 Merriam Road, Feb. 7, 2011; and, a Certificate of Training from Right Paw Obedience School dated July 21, 2011.
6:47 PM Selectmen voted all in favor to close public hearing. They deferred to Louis as to what actions could be taken to mitigate problem going forward. He suggested finding a different trainer; trying anti-anxiety medication; setting up a consultation with a behaviorist, and he recommended one at Tufts Vet. School.
7:05 PM Selectmen voted all in favor to re-open public hearing and continue it to October 22. On Oct. 22, Phil C. will be expected to report on all mediation that has been done. Neighbors (complainants) were asked to allow a grace period for implementation and hold off on calling Dispatch with any noise complaints about Dakota until October 9.
The Board referred to its February 14, 2011 hearing on the matter; at that time it had voted to continue the hearing “for 90 days, or until such time the board sees fit”. After hearing the testimony and receiving written submissions the Board voted to revise its previous orders and unanimously voted the following orders:
1. Dakota will wear a citronella bark collar both indoors and outside effective immediately.
2. Dakota will be seen by a behaviorist veterinarian within 30 days of this order.
3. Mr. Connors will enlist for Dakota a different trainer than the previous concern.
4. Dakota will be tied outside only on north side of house.
5. When inside, Dakota will be principally confined to a room on the north side of the house with door shut and blinds drawn.
The selectmen’s regular meeting re-convened at 7:30 PM.
Old Business
Thomas Prince School Green Repair Project John L. reported on construction updates; no progress on replacement skylight. Current invoices to submit to MSBA for the project total $11,981. Minimum reimbursement is expected to be $2,767.
T.P. School PCB Project The anticipated EPA was recently received and distributed. John L. is meeting with contractor this week to establish plan and costs.
Update on Roadways John L. reported that Mirick Road has first course of pavement down. Eight proposals from engineering firms have been received for the East Princeton project and the Review Committee meets Wednesday to discuss whom to interview.
New Business
Cultural Council Appointment Board voted all in favor to appoint Janeen Baker of Leominster Road for a term through June 30, 2015.
Board & Committee Vacancies Stan suggested asking each board to submit recommendations to fill seats. Selectmen agreed to consider merging the Capital Improvement Planning Committee with the Advisory Board and will discuss/decide on it at their October 22 meeting.
Mechanics Hall Farmstead Site A request came in from a local farmer to operate a farmstand in front of Mechanics Hall for rest of harvest season. Alex Fiandaca, Main Street, East Princeton came in representing the Friends of Mechanics Hall. John L. recommended accepting bids for anyone wishing to lease the space, to ensure fairness. Bid requests can be posted on website, town news and at town hall. Whoever wins bid is issued a license, which selectmen can approve at their Oct. 9 meeting. BOS voted all in favor to allow John to move forward in setting up the process for a single farmstand license through December 31, 2012, with the following conditions:
- Licensed operator may park one (1) vehicle on property only during those hours that the stand is manned.
- Operator will maintain property neatly: all trash is to be removed daily.
- No property of the Operator of any kind including but not limited to display materials may remain overnight on the property.
- Operator must provide a Certificate of Insurance prior to commencing operations naming Town of Princeton as Additional Insured with following minimums:
- Workers’ Compensation: As per Mass. Statutory Requirements
- Commercial Auto: $1,000,000 Combined Single Limits including Hired and Non-Owned Liability Coverage
- General Liability: $1,000,000 Per Occurance/$2,000,000 Aggregate. Coverage to include process operations, completed operations, and personal injury
- License is to operate a farmstand in parking area. It does not grant access to Mechanics Hall building or any on-site utilities.
Boylston Park DCR Grant The BOS considered an application to DCR for a $1,150 grant to cover the costs of a forester who can ascertain specifications/parameters of a forest cutting plan at Boylston Park, off Calamint Hll Road North. Selectmen will invite input from Parks & Rec Committee in crafting the plan. Board voted all in favor to allow (chair) Edith to sign the grant application as “landowner.”
Other Business
District 8 Mutual Aid Ken Whitney came in from the Fire Dept. to explain the District 8 Mutual Aid Agreement. It is for fire calls only, not medical calls, and incorporates almost all communities in Central Mass. Selectmen voted all in favor to sign the (annual) District 8 Mutual Aid agreement.
Executive Session
At 7:58 PM in a roll call vote, Neil S. said aye, Stan M. said aye and Edith M. said aye to go into executive session to conduct strategy sessions in preparation for negotiations with non-union personnel and not to reconvene in open session.
Respectfully Submitted,
__________________
Marie Auger
Administrative Assistant
Referenced Documents:
BOS minutes from 2/14/11
Forest Management Grant Application
Mutual Aid District 8 agreement
Bolger’s Dog Complaint email 9/3/12
Dog Officer letter 9/18/12 re: Dakota Connors
Letters (8) of support for Dakota Connors
Certificate of Training from Right Paw Obedience School July 2011
Marie Auger
Administrative Assistant
Planning Department
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