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Selectmen Minutes, August 29, 2007

MINUTES
BOARD OF SELECTMEN
August 29, 2007

Present at the meeting that was held at the Town Building were Chairman Stephen Dungan and Selectmen Kathleen Farrell and Thomas Ruggiero.

Jason Robart and Ellen Sturgis were absent.

Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.

Chairman Dungan called the meeting to order at 7:00 p.m.

Public Input
None.

Chairman’s Comments
Mr. Dungan asked members to please avoid using email’s Reply All feature and respond individually. This helps reduce unnecessary email and the risk of Open Meeting Law violations.

Town Administrator’s Report
Mr. Wrigley reported the following:
·       He and Mr. Ruggiero will help the Council on Aging evaluate the Montachusett RTA services before finalizing a membership agreement.
·       In order for Stow to receive a possible EOEA grant for Recreation, the Special Town Meeting must be held by December 31, not January or February.
·       On the Lower Village water project, he met today with Assabet Water to review the financials and will meet with Linear Retail and Assabet Water next week with final numbers.
·       In the Parker matter, the judge heard arguments on a preliminary plaintiff’s motion and a written decision will be issued in a few weeks, after which the main court process will begin, with motions from both sides.
·       In the Kunelius matter, a mediation meeting is tentatively scheduled for September 18.

Meeting Minutes
August 14, 2007: Review of both Open and Executive Sessions was postponed until the September 11 meeting.

Stow Gobbler 5K Road Race Permit
Brothers Alex and Nick Papanastassiou of Hudson Road visited the Board to request an event permit for a fund raising project they are pioneering: a 5K road race in Stow on Thanksgiving Day. Proceeds will go to charities. The Recreation Commission is sponsoring the event and the Public Safety Officer provided traffic management recommendations.

Mr. Dungan moved that the Selectmen approve a permit for the 1st Annual Stow Gobbler 5K road race; Ms. Farrell seconded; and all voted in favor.


One-day Liquor License for Stow Conservation Trust Annual Harvest Ball
The SCT made its annual request for a special liquor license for the Harvest Ball, to be held on September 29 at the Collings Foundation. The Board had not yet received the approved safety inspection certificate from the Fire Chief and Building Inspector, but the inspections were in progress.

Ms. Farrell moved to issue the one-day liquor license for the Annual Harvest Ball, contingent on completion of the public safety requirements; Mr. Ruggiero seconded; and all voted in favor.

The Board then signed the license, which will be held until receipt of the approved inspection certificate.

Zoning Board of Appeals Re-appointments
Upon the written request from the ZBA, the Board switched a voting member with an associate member, in order to better ensure quorums. This was done by rescinding the two members’ July 1 appointments and then appointing them to their new positions.

Mr. Dungan moved to rescind the appointments on 6/26/07 of Donald Hyde and Michelle Shoemaker; Mr. Ruggiero seconded; and all voted in favor.

Mr. Dungan moved to appoint Donald Hyde as an associate member of the ZBA and Michelle Shoemaker as a voting member of the ZBA; Ms. Farrell seconded; and all voted in favor.

Agricultural Preservation Restriction for Tyler Farmland
The Conservation and Agricultural commissions requested the Board to approve the first step in securing an Agricultural Preservation Restriction (APR) for farmland owned by Allan Tyler of 722 Great Road.

Following discussion, Ms. Farrell moved that the Board support the Tyler APR application; Mr. Ruggiero seconded; and all voted in favor. Mr. Dungan signed the application on behalf of the Board.

Use of NRSD Chapter 70 Aid
Mr. Dungan explained recent letters from the Stow and Lancaster Finance committees to the NRSD School Committee, requesting that the district’s excess Chapter 70 funds be returned to the member towns as reductions in their FY08 assessments. Returning the funds to the towns has been past practice.

The Board also received a resident request that the funds be used to establish a fund for the school building project. Mr. Dungan said that, alternatively, the Town could set up a School Building Fund to which residents could make tax-deductible contributions.

Ms. Farrell moved that the Board support the Finance Committee’s request to return any excess Chapter 70 aid to the town as a reduced assessment; Mr. Ruggiero seconded; and all voted in favor.

Upcoming Public Forum on Snow Property
Mr. Dungan proposed using the first hour of the Board’s September 11 meeting to hold a public forum on use of the Snow property. Abutters would be invited. This would be the final input to the Board, after which the Board would decide on priorities at the September 25 meeting. The Board agreed to hold the forum.

Mass School Building Authority Update
Superintendent of Schools Michael Wood joined the Board to discuss the MSBA visit to the Stow schools and the priority ranking of the Statements of Interest (SOIs).

On August 23, an MSBA member and two architects toured Pompo and Center to confirm the building issues listed in the SOIs. Mr. Wood said they agreed that the SOIs were accurate in describing the problems.

Regarding priority ranking of the SOIs, the district chose Pompo as the top priority because that building is the biggest problem and the add/reno of Center (the second SOI) is the solution to Pompo problems. Mr. Wood said that nothing the MSBA team saw with the priorities was problematic; they were clear on the issues.

With the ESBC now appointed, the first meeting is scheduled for September 7. The MSBA will soon publish the rating system and the process for releasing funds (which must be done in FY08). Mr. Wood suggested that, in moving forward, the ESBC be cautious, keep a log of correspondence with the MSBA, and work through Stow’s contact, Dick Gill.

Mr. Wood and Ms. Sturgis agreed to send a letter to the MSBA on the ESBC composition and members’ credentials.

Mr. Wood said the status of the initial compliance certificate, the next milestone in the MSBA process, is unknown.

Snow Property Discussion, continued
The Board discussed the need to know how Executive Order 193 affects potential state grants for recreational use of the Snow property. Mr. Wrigley agreed to handle this. He also requested through Ms. Sferra that the Community Preservation Committee determine whether CPA funds can be used for Snow purchase, given EO 193.

Special Town Meeting Date
Mr. Wrigley said he confirmed with the state that, in order to receive the EOEA Urban Self Help grant Recreation is applying for, a Special Town Meeting must be held by December 31, 2007.  To meet the needs of both Recreation and the Planning Board, two Special Town Meetings might be necessary, one in December and one in early 2008. An alternative would be to forego the $500,000 state grant or include Planning Board matters at the Annual Town Meeting..

Following a discussion of the options and milestones, the Board agreed to stay with the December 3 Special Town Meeting, as planned.

Mr. Ruggiero moved to open the warrant for the December 3 Special Town Meeting tonight [August 29, 2007]; Mr. Dungan seconded; and all voted in favor.

Land Use Committee Charter and Composition
Postponed until Mr. Robart could attend.

Update on Affordable Housing Partnership and Trust
Ms. Farrell, as the Selectmen’s representative on the Affordable Housing Trust, reported on their activities. Following the appointment of five members, the Trust has met twice and elected Mike Kopczynski as chair. Meetings covered the Trust’s mission and integration with other housing committees, as well as the mechanics of acquiring and accepting funds. Stow Community Development Corp presented a potential affordable housing project.

The Trust met with the Housing Partnership on roles and responsibilities. Ms. Farrell said there had been some discussion of dissolving the Partnership and the Trust was still not fully staffed. This issue needs attention. Mr. Wrigley noted that, in the past, DHCD required towns to have an Affordable Housing Partnership to qualify for certain grants and this might still be a requirement, in which case Stow needs the Partnership.

Ms. Farrell explained that Stow has outlived the planned production strategy and must create 17 affordable units per year, a difficult job.

At 9:07 p.m., Ms. Farrell moved to adjourn; Mr. Ruggiero seconded; and all voted in favor.

Respectfully submitted,


Susan McLaughlin
Administrative Assistant, Board of Selectmen


Approved as written, September 11, 2007