MINUTES
BOARD OF SELECTMEN
October 30, 2007
Present at the meeting that was held at the Town Building were Chairman Stephen Dungan and Selectmen Kathleen Farrell, Jason Robart, Thomas Ruggiero, and Ellen Sturgis.
Also present were Town Administrator William Wrigley and Administrative Assistant Susan McLaughlin.
Mr. Dungan called the meeting to order at 7:02 p.m.
Public Input
None.
Chairman’s Comments
None.
Town Administrator’s Report
Mr. Wrigley spoke to the following matters:
· Sponsoring/supporting Snow property warrant articles – Options are to take no action, co-sponsor CPC/Recreation article, sponsor own article (creates competing article with CPC/Recreation.)
· Citizen’s petition article on Land Use – Town Counsel determined it to be non-binding.
· Lower Village water supply – Linear Retail and Assabet Water meeting today on details of a potential agreement.
· EOEEA Urban Self-help grant for Recreation – not awarded to Stow.
· Mr. Wrigley has been invited to speak at the COA’s annual Veteran’s Day Breakfast on November 9 at the First Parish Church.
Beef ‘N Ale Entertainment License
Candy Casey and Catherine Granburg, co-owners of the Ye Olde Beef ‘N Ale restaurant on Great Road, visited the Board to request an entertainment license permitting a trio to play “easy listening” music. Ms. Casey showed the Board a floor plan and answered questions. The Board also reviewed the written application and evaluations from the Building Inspector, Fire Chief, and Police Chief regarding public safety aspects of the proposal.
Ms. Farrell moved to approve an entertainment license for the Beef N’ Ale, contingent upon making the changes required by the Building Inspector and Fire Chief; Ms. Sturgis seconded; and all voted in favor.
Meeting Minutes
September 25, 2007: Ms. Farrell moved to accept the 9/25 minutes as written; Ms. Sturgis seconded; four members voted in favor. The motion passed. Mr. Robart, who had not attended the meeting, abstained.
October 15, 2007: Ms. Farrell moved to accept the 10/15 minutes, as written; Mr. Ruggiero seconded; and all voted in favor.
Trefry Lane Order of Taking
The Board executed an Order of Taking for the Town to accept Trefry Lane as a public way, an action recommended by Town Counsel following resolution of a legal matter between the developer, Eldamar Development, and the Planning Board.
Ms. Sturgis moved to approve the Order of Taking for Trefry Lane; Ms. Farrell seconded; and all voted in favor. The Board signed the order, which Ms. McLaughlin then notarized.
Liaison Reports
Ms. Sturgis reported that the Elementary School Building Committee appointed two new associate members: Lisa D’Alessio and Greta Morgan, and posted a Request for Qualifications for an Owner’s Project Manager.
Mr. Dungan reported that the Lower Village Committee was reconsidering the materials to be used for temporary pedestrian safety islands, at the request of the Superintendent of Streets and Public Safety Officer.
MSBA Update
None.
Agricultural Preservation Restriction (APR) for Tyler Farmland
The Board approved the Town’s submission of an application to the state for an APR on land owned by Allan Tyler off Great Road.
Mr. Robart moved to accept the application for the Tyler APR; Ms. Sturgis seconded; and all voted in favor. The Board signed the application for submission by the Conservation Commission.
Liaison Reports, continued
Ms. Sturgis announced an upcoming Tri-Town meeting on November 11 in Bolton.
Selectmen’s Master Planning: Land Use Strategy Task Force
The Board reviewed a draft posting for a new committee for municipal land. It would be responsible for developing a strategy for making Town decisions of land purchases and use. Discussion began with whether it should be a standing committee or a “SWAT” team-type task force (able to react quickly to opportunities).
7:40 p.m. – Public Hearing: Street Acceptance of Fairway Drive
Mr. Dungan opened the hearing by announcing its purpose and reading the legal notice and abutter list. The Board had no questions; there were no abutters in attendance; and attendees had no comments.
Ms. Sturgis moved to approve the laying out of Fairway Drive; Mr. Robart seconded; and all voted in favor. Mr. Dungan closed the public hearing and signed the Report and Order of Laying Out for Fairway Drive, dated October 30, 2007, on behalf of the Board.
Selectmen’s Master Planning: Land Use Strategy Task Force, continued
Discussion continued on the merits of a task force vs. committee. It was agreed that the group will be a task force and the appointment will be until a comprehensive strategy has been presented to and adopted by Town Meeting.
7:50 p.m. – Public Hearing: Street Acceptance of Indian Ridge Road
Mr. Dungan opened the hearing by announcing its purpose and reading the legal notice and abutter list. Abutter Ian Fletcher of 21 Indian Ridge Road was in attendance. Neither the Board nor attendees had questions or comments.
Ms. Farrell moved to approve the laying out of Indian Ridge Road; Ms. Sturgis seconded, and all voted in favor. Mr. Dungan closed the public hearing and, on behalf of the Board, signed the Report and Order of Laying Out for Indian Ridge Road, dated October 30, 2007.
Selectmen’s Master Planning: Land Use Strategy Task Force, continued
Mr. Robart moved to establish a Stow Land Use Task Force for the purpose of developing and presenting to Town Meeting comprehensive land-use and acquisition strategies to meet Stow’s current and future land needs; and to make the committee Special Municipal Employees; Mr. Ruggiero seconded; and all voted in favor.
Mr. Dungan will send a revised vacancy notice to Ms. McLaughlin for posting.
Snow Property Warrant Articles and December Town Meeting
Mr. Dungan opened the discussion by reviewing the history of the Snow property, pointing out that there is still a need for recreation fields and no other sellers have been identified.
Each member then stated their position and an extended discussion among members followed, with the key positions being:
Mr. Robart: Stated his strong support for not having a Town Meeting in December because (1) the application deadline for the EOEEA self-help grant was the driving force for the meeting and (2) the Board had just established the Land Use Task Force, as the Concerned Citizens of Stow asked the Board to consider and where evaluation of this parcel would fit nicely. So the Board should not incur the expense of a Town Meeting. Waiting will give the task force time to look at Snow.
Ms. Sturgis: Agreed that the only reason for the December meeting was because of the recreation grant. The Affordable Housing groups have not had time to prepare. She was concerned about the Selectmen’s article, given Mr. Snow’s confirmation of the firm price of $1.3M.
Mr. Ruggiero: Asked what would change by putting off the Town Meeting until May and what is the benefit of waiting. He said the issue had already been discussed and that the only people who took the ball were Recreation, Agriculture and Community Preservation. Open Space Committee members Bob Wilber and Kathy Sferra are clear that this is the preferred solution. The task force will need start-up time. He wants to see an up-or-down vote. However, he does not think it’s worth twice the appraised price.
Ms. Farrell: Has felt the Board was hurrying due to the grant application. She does not recall voting, as a Board, to acquire Snow and she took issue with Mr. Dungan’s statements on the history of interest in the property. She agreed with Mr. Robart and Ms. Sturgis about not seeing the urgency for a December Town Meeting.
Ms. Farrell also asked who had actually applied for the EOEEA grant on behalf of the Town? Tim Allaire, as an associate member of the Recreation Commission? She and Ms. Sturgis agreed that all future grant applications should go through the Selectmen.
From the audience, Mr. Allaire said that he had been told by EOEEA that they would support the grant in a 2008 application, if Recreation owns the land. However, EOEEA would not guarantee that Recreation will get the grant next time.
Also from the audience, Mr. Wilber said that the Division of Conservation Services encouraged them to continue. No awards were given to applicants who did not own the land.
Mr. Wrigley said that, given the grant cycle, it does not matter whether the Town meets in December or May. He advised that it might be worth buying time to answer questions that important people want answers to.
Mike Busch said he thinks that Recreation has done its work, been visible, and now hit a brick wall. EOEEA wants a solid decision from the town and putting it off until May will have a negative impact.
Mr. Robart made a motion that, in light of recent developments, the Board of Selectmen not hold a Special Town Meeting in December. Ms. Sturgis seconded.
Discussion on the motion:
Mr. Ruggiero said he believes that the Board will not agree on a proposal and he hates to see the Selectmen take away the choice from the voters. He strongly objected to denying Recreation the chance to get before the electorate and thinks the expense of the meeting is worth it.
Ms. Sturgis said that the only two reasons for having the December meeting were zoning and Snow, both of which went away (Snow with no grant). She said it is irresponsible of the Board to have the meeting.
Vote on the motion not to have a Town Meeting in December: Mr. Robart and Ms. Sturgis in favor; Mr. Dungan, Ms. Farrell, and Mr. Ruggiero opposed. The motion failed (2 to 3).
Selectmen’s Warrant Article on Snow
Mr. Dungan suggested that the Board start by deciding the dollar amount in the article.
Mr. Robart said that at $1.3M, the Town would pay 70 percent above the appraised value. The land is assessed now at $550.0k, so the asking price is 240 percent of the assessed value. Undeveloped land in Stow is presently selling for 98 percent of the assessed value. He asked how Stow could pay such high premiums for the property. His recommendation was to use $850.0k, so the motion would be “not to exceed $850.0k.”
Mr. Ruggiero agreed with Mr. Robart’s methodology and with using $850.0k. Mr. Wrigley advised using the phrase “or any other sum;” to address the four-corners questions on the amount.
Mr. Dungan moved to insert in the Selectmen’s article the phrase “$850.0k or any other sum:” Mr. Robart seconded; and all voted in favor.
Mr. Wrigley notes that the Town Meeting motion must specify two uses for the property, out of the three referred to in the warrant article.
On the proposed ballot question for the Land Use article by citizen’s petition, Ms. Farrell said she felt strongly that it should be included, as it is non-binding, to give the voters choices. Mr. Robart said he is opposed to including it.
Ms. Farrell moved to include on the ballot a question to support the Citizen’s Petition warrant article. There was no second. Therefore, Ballot Question 1 would be deleted from the warrant.
As to the order of articles, Ms. Sturgis said she would like the Selectmen’s article on Snow to be first, followed by the Recreation/CPC article on Snow, followed by the Citizen’s Petition article. Mr. Wrigley suggested the Citizen’s Petition be first.
Mr. Robart raised the question of Community Preservation funds for the Selectmen’s Snow article. CPC chairman Wilber said that Town Meeting cannot approve spending CPA funds without a vote by the CPC. He said the project as described by the Selectmen does not match the project that the CPC approved. Mr. Wrigley noted that the language required to be added to the Selectmen’s article will assume eventual support from the CPC.
Board of Selectmen Snow property warrant article
Mr. Dungan moved to accept the selectmen’s article on the Snow property, as amended tonight; Mr. Robart seconded; and all voted in favor.
Recreation/CPC Snow property ballot question
Per MGL Chapter 59, section 21c, Mr. Dungan moved to place on the ballot Question 2, Purchase Snow Property and Create Recreational Facilities: “Shall the Town of Stow be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds to be issued in order to finance the acquisition for active recreation and open space and general municipal purposes, including the protection of existing agricultural land, as determined by the vote of the Town on Article 4 passed at the December 3, 2007 special town meeting, of approximately 13 acres of land, shown as Parcel 18 on Map R-3 of the Assessors Maps of the Town of Stow, located off Old Bolton Road, Stow, and known as the "Snow Property", and the development of a portion of such land for active recreation
purposes, including legal, appraisal, engineering, and other costs or fees associated therewith, the proceeds of such bonds to be used for such purposes together with Community Preservation Funds, federal and/or state grants and/or other available funds?”
Ms. Sturgis seconded; and all voted in favor (Dungan, Farrell, Robart, Ruggiero, and Sturgis.). Motion passed unanimously.
Board of Selectmen Snow property ballot question
Per MGL Chapter 59, section 21c, Mr. Dungan moved to place on the ballot Question 1, Purchase of the Snow Property: “Shall the Town of Stow be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds to be issued in order to finance the purchase for (1) the protection of existing agricultural land, (2)~affordable housing and/or (3)~recreational purposes, as determined by the vote of the Town on Article 3 passed at the December 3, 2007 special town meeting, of approximately 13 acres of land, shown as Parcel 18 on Map R-3 of the Assessors Maps of the Town of Stow, located off Old Bolton Road, Stow, and known as the “Snow Property”, including legal, appraisal, engineering, and other costs or fees associated therewith; the proceeds of such
bonds to be used for such purposes together with Community Preservation Funds, federal and/or state grants and/or other available funds?”
Mr. Ruggiero seconded; and all voted in favor (Dungan, Farrell, Robart, Ruggiero, and Sturgis). Motion passed unanimously.
From the audience, Bill Byron asked how the Citizen’s Petition article became non-binding. Mr. Wrigley replied it was per Town Counsel and by statute.
At 9:40 p.m., Ms. Sturgis moved to adjourn; Mr. Robart seconded; and all voted on favor.
Respectfully submitted,
Susan McLaughlin
Administrative Assistant, Board of Selectmen
Approved as amended, November 27, 2007
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