MINUTES
BOARD OF SELECTMEN
September 27, 2005
Present at the meeting that was held at the Stow Town Building were Chairman Edward R. Perry Jr. and Selectmen Stephen Dungan, Carole Makary, and Janet Wheeler.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan Flint Hosier. Selectman John Clayton was absent.
Chairman Perry called the meeting to order at 7:05 p.m., noting that the meeting was being video recorded for broadcast on Stow TV (Channel 9).
Town Administrator’s Report
Cushing Chapter 61 property: Mr. Wrigley reported that Town Counsel Jon Witten will request Ms. Cushing’s attorney to prepare a Purchase and Sales agreement for the Walcott Street Chapter 61 property, given the Board’s Sep. 13 vote to purchase the property. The P&S will be contingent upon the conditions in the motion. Attorney Witten will then review the P&S and Mr. Wrigley will present recommendations to the Board.
Kunelius v. Town of Stow suit: Mr. Wrigley said that a written response to the suit was due by Sep. 29 and the Trust for Public Lands’ attorney planned to file to dismiss the case, with prejudice. The Town’s insurer will join in the motion. Based on aspects of the case, he would be surprised if the case was summarily dismissed.
Lastly, the Worker’s Compensation suit brought by former employee John Egan was now at a critical decision point for the Board, Mr. Wrigley said, and would be the subject of the Executive Session of the meeting.
Approval of BAN for Center and Pompo Renovation
Treasurer-Collector Pam Landry requested the Board’s approval to issue a bond anticipation note, as part of the Town’s plan to pay off the school-renovation borrowing over five years. Ms. Wheeler moved that the Board sign the BAN, Ms. Makary seconded, and all voted in favor.
One-day Liquor License Application – Stow Conservation Trust
The Board approved a one-day liquor license application from the Stow Conservation Trust for their annual Harvest Ball, to be held on October 15. Mr. Dungan moved to approve the license, Ms. Makary seconded, and all voted in favor.
Special Town Meeting Warrant
The Board signed the warrant for the October 24 Town Meeting.
Executive Session
At 7:15 p.m., the Board then convened in Executive Session for the purpose of discussing litigation, as provided by MGL Chapter 39, Section 23B (3). Mr. Dungan moved Ms. Makary seconded, and all voted by roll call to adjourn from Open Session and enter Executive Session.
The Board returned to Open Session at 7:50 p.m.
Class II Used Auto License Application
Robert Gustavson of Marlboro, one of three owners of a used car sales and repair business named Artisan Automotive, requested a Class II license for used car sales at 92 Great Road. Mr. Gustavson explained that he and the other owners want to add the sale of a limited number of used cars, at wholesale, to help support their new repair business. The space being leased is 750 square feet of space and approximately nine parking spaces.
Mr. Perry informed the Board that his wife was a co-tenant of the property, but he did not feel it presented a conflict of interest for him in the matter, and the Board agreed.
Following a Board member’s questions on zoning and environmental regulations, Mr. Wrigley explained that the Board is limited by statute, MGL Ch 140, to considering only the sales license and must apply the same standard to all applicants for a license. The Board may not decide whether to approve a license on a case-by-case basis without pre-established standards of review.
Mr. Dungan moved, Ms. Makary seconded, and all voted to approve the license for Artisan Automotive.
Assabet River EPA Appeals
Resident Allan Fierce and Director of the Organization for the Assabet River (OAR) Julia Blatt presented the background and status of wastewater treatment issues and regulations that affect the Assabet. The most serious pollution to the river is phosphorus discharged by wastewater treatment plants in Hudson, Marlboro, Maynard, and Westboro. Stow, which has five miles of river frontage, is not a polluter itself but suffers from the upstream pollution.
While the federal (EPA) and state (DEP) regulations have become stricter over time, the most recent set of permits for the wastewater treatment plants in May do not include requirements from the second phase of a mitigation plan, which they should, Mr. Fierce said. The Board questioned specifics of the regulations and asked for examples of how much the river would improve under Phase II. OAR explained that the only data is from computer modeling and that no river in Massachusetts is available as an example. In general, the more phosphorus is reduced, the more biomass is reduced. One statistic cited was that Westboro can discharge 8,000,000 gallons a day, when the discharge should be close to zero.
Mr. Fierce requested that the Board take two actions in support of the stricter requirements:
1. As a town, counterbalance the towns on the other side of the issue and support OAR and the Conservation Law Foundation, by filing a motion to intervene in the case.
2. Longer term, to support OAR’s efforts, for example, providing legal support and creating a committee to monitor the cases.
Mr. Wrigley advised the Board to reach out to the neighboring towns that have discharge plants first, before initiating legal action. It was agreed that Town Counsel would review the documents submitted by Mr. Fierce and advise on the feasibility and cost to Stow of intervening by the end-of-October deadline.
Rail Trail Easement Option
Don Rising, Stow’s representative on the Assabet River Rail Trail project, briefly described an opportunity to purchase a second easement from the Albrights, which would complete the Stow section of the trail to Hudson. The price for both easements is now $350,000, having been reduced from a starting price of $2.0M. Given Town Meeting’s vote to purchase of the first easement, the remaining cost for this second easement is $220,000.
The Town is being given an option, for $1, to purchase the easement within four years and Mr. Rising advised the Town to lock this in now. At a future meeting, the Board will vote on whether to purchase the option.
Joint Meeting with NSRD School Committee for SBC Appointment
Stow members of the Nashoba Regional School District Committee joined the Board to appoint resident Gary Bernklow to an indefinite term on the School Building Committee, replacing Anne Draudt. Mr. Bernklow is presently an associate member. Mr. Dungan moved to appoint, NRSD member Chris Way seconded, and all voted in favor.
Lower Village Study Committee Request for Survey
Laura Spear, member of the Planning Board and the Lower Village Study Committee, requested the Board to fund a survey of boundaries between private and Town land in one area of the Lower Village. Records indicate that the land, which could link the Lower Common to the cemetery, is Town owned but no official survey exists. Confirming that the Town owns the land would allow flexibility in changing the streetscape, such as creating a linking pathway and posts.
The Board briefly discussed an issue of private use of public land and whether this might result in additional costs; Mr. Wrigley said there is no clear standard on this land use regarding the statute of limitations, but that the survey will be useful as a benchmark.
Mr. Dungan moved to authorize an amount not to exceed $2,500, to be taken from the Selectmen’s engineering account, for a survey as described in the Zanca Land Surveying proposal, dated Sep 22; Ms. Makary seconded, and all voted in favor.
Minute Man Realty Chapter 61 Land Discussion
Mr. Dungan, who had convened a group of stakeholder committees to investigate the Minute Man Realty land on Boxboro Road, reported that he would next request a Joint Boards meeting to consider the findings. There is considerable time pressure to reach decisions. The findings must be reviewed and decisions made before the 120-day right-of-first-refusal period expires on December 30 and the debt exclusion ballot question must be submitted to the Town Clerk 35 days before an election. With tentative dates of December 5 for a special town meeting and December 15 for a special election, the Board must approve the ballot question by November 10.
Selectmen’s Goals – Quarterly Review
Postponed to a future meeting.
Warren Room Conference Table
At the Board’s earlier request, the Board’s administrative assistant investigated purchase of a new conference table for the Warren Room, one that would provide Board members with more table space and improve televised meetings. Based on input from the original vendor, New England Office Supplies, the recommendation is for a 12-foot table in a racetrack shape, replacing the present 10-foot rectangular table, at a cost of $542.62.
After discussion of how to fund the purchase, it was decided to use money from the Public Education and Government (PEG) account because the purchase was driven by televised meetings. Ms. Makary moved to buy the designated table using PEG funds, Mr. Dungan seconded. Three members voted in favor (Dungan, Makary, and Wheeler) and one opposed (Perry). The motion carried.
Approve Past Minutes
The September 13 minutes were approved as amended, so moved by Ms. Wheeler, seconded by Ms. Makary, and with all voting in favor.
Liaison reports (if any)
Ms. Makary reported that Town Engineer Bruce Fletcher’s plan to reconfigure the Marlboro /Gleasondale roads intersection was complete and asked the Board to approve implementation. Members discussed whether to present the plan to residents before implementation; Ms. Makary replied that it was unnecessary. Multiple meetings had taken place with residents, with the Highway Department, and with the Police Department. The Town Engineer had concluded that the proposed plan is the only possible solution, given prescribed sight lines.
Ms. Makary moved to authorize the Highway Department to proceed with the changes, as described in the Sep 27 plan, and Ms. Wheeler seconded. Three members voted in favor (Dungan, Makary, and Wheeler) and one opposed (Perry). Mr. Perry stated that he preferred to wait for residents’ comments on the plan.
The meeting was adjourned at 10:05 p.m., on a motion from Ms. Wheeler, seconded by Ms. Makary, with all in favor.
Respectfully submitted,
Unsigned. The administrative assistant does not attest to the amendments to the Marlboro Road discussion.
Approved as amended on November 8, 2005.
| 
