Minutes
Stow Board of Selectmen
June 10, 2014
Present at the meeting that was held at the Town Hall were Brian Burke, Donald Hawkes, Charles Kern, Thomas Ryan and James Salvie.
Also present was Recording Secretary Maureen Trunfio. Town Administrator William Wrigley was absent. Mr. Kern called the meeting to order at 7:00 PM.
Public Input: None
Chairman’s Comments: None
Signing of 323 Great Road Deed
Mr. Kern reported that the purchase of the property at 323 Great Road had not been completed. Mr. Burke questioned whether Town Counsel had reviewed the Quitclaim Deed and Mr. Salvie said that he believed Town Counsel had reviewed the Deed. Town Clerk, Linda Hathaway was present and acted as Notary.
Mr. Hawkes moved that the Board of Selectmen vote to execute the Deed dated June 10, 2014 for purchase of property of Malcolm Fitzpatrick located at 323 Great Road in Stow. Mr. Ryan seconded the motion and it was passed unanimously.
Certificates of Appreciation
Certificates of Appreciation were presented on Memorial Day, but the Selectmen had not held a meeting since that time that would have enabled them to sign the certificates.
Mr. Hawkes moved that the Board of Selectmen approve and sign a Certificate of Appreciation for George Veracka, for service to the Veterans’ Graves Committee, and particularly the Town’s Memorial Day Parade ceremonies. Mr. Burke seconded the motion and it was passed unanimously.
Mr. Hawkes moved that the Board of Selectmen approve and sign a Certificate of Appreciation for Phil Mosley, for service to the Veterans’ Graves Committee, and particularly the Town’s Memorial Day Parade ceremonies. Mr. Burke seconded the motion and it was passed unanimously.
Mr. Hawkes moved that the Board of Selectmen approve and sign a Certificate of Appreciation for retiring NRSD Band Director Thomas O’Toole, for service to the Town in sustaining the tradition of a Memorial Day Parade in Stow. Mr. Salvie seconded the motion and it was passed unanimously.
Administrative Assistant Evaluations
The Board discussed which two Selectmen would be appointed to evaluate candidates applying for the Administrative Assistant’s position to serve in this process with Mr. Wrigley. Mr. Hawkes and Mr. Salvie volunteered to fill these positions.
Mr. Ryan moved to appoint Mr. Hawkes and Mr. Salvie to assist the Town Administrator in the evaluation of applicants for the Administrative Assistant to the Selectmen and Town Administrator position. Mr. Burke seconded the motion and it was passed unanimously.
Continuation of Collings Earth Removal Hearing
At 7:15 PM Mr. Kern reopened the public hearing continued from May 27, 2014 for the request by Robert Collings for a permit to remove earth at the Collings Foundation property on Barton Road. The Selectmen will consider this request with review of the landscaping exception contained in Section 22 of Article 6 Paragraph (j) (3)of the Stow General Bylaw.
Mr. Collings addressed the Board and informed them that when the Massachusetts Department of Transportation Aeronautics Division visited his property they surveyed the site and, based on their analysis, determined that he would be able to reduce the size of the runway safety area by 30%. This would reduce the amount of material that would need to be removed from the site. Mr. Collings reported that with regard to the Department of Environmental Protection (DEP), with these changes, the project would be kept to 5K feet or less. Mr. Salvie referred to a letter from the Massachusetts Department of Transportation (DOT) dated May 23, 2014. Mr. Collings confirmed that he would still be reducing the hill to grade.
The new findings show that only 70K cubic yards of material would need to be removed from the site. This would allow the duration of the project to be reduced to 1-2 years. The calculations show that with this revision, truckloads of removal would average 10 per day over a one-year period or five truckloads a day over a two-year period.
Mr. Collings addressed the comment and opinion from the public that this project should not be considered a landscaping project due to its size. He stated that the size of the runway safety area is 2.8 acres and based on the total property of 92 acres, this only constitutes 3% of the acreage at the Collings Foundation. By comparison, he added that if the owner of a Lake Boon lot 75‘x100’ wanted to landscape along the frontage, the equivalent would total three feet. He concluded by saying that it is a large project, but the property where the project would take place is a large parcel.
Mr. Salvie questioned whether the revisions were based on information in the letter from Massachusetts DOT Aeronautics Division dated May 23, 2014. Mr. Collings said that the changes were not specifically in that letter, but were discovered due to a meeting and site visit. Mr. Salvie asked for clarification of what was determined at said meeting.
Mr. Collings explained that Mass DOT Aeronautics Division said the runway safety area could be narrower at the back end due to the layout of the site. Mr. Salvie asked if the application had been revised and Mr. Collings said that it had not. He presented revised plans at this meeting. He said that he would be revising his application with the Selectmen’s Office.
Mr. Hawkes questioned a claim by Mr. Collings that the set of requirements for him as a private landowner, were different than those of a commercial airfield. Mr. Collings confirmed that statement and explained that if an airfield does not receive federal funding, the recommendations made are not compulsory.
Mr. Kern mentioned that at the prior BoS hearing one of the citizens made a useful suggestion putting forth that if Mr. Collings might consider a bigger incline, he could reduce the size of the project substantially. Mr. Kern asked Mr. Collings if he would consider this. Mr. Collings said that he was committed to a 20:1 grade as preferred in the letter from the FAA and that a 35:1 grade was not recommended.
Mr. Salvie confirmed that this project had commenced on Mr. Collings’ initiative and not required by Mass DOT Aeronautics Division or FAA. Mr. Salvie asked Mr. Collings why he was interested in this project now after 30 years with a perfect safety record. Mr. Collings replied that he had finally been able to acquire the particular parcel of land, and that would finally allow him the space to potentially complete the improvement to the safety of the landing strip. Mr. Salvie went on to ask whether Mr. Collings had been trying to acquire that parcel of land for 30 years or whether the proposed project might relate to the new museum that is being proposed at the Collings Foundation. Mr. Collings explained that the previous owner of the adjacent parcel had allowed them to take down trees and remove brush which helped. He said that the
Earth Removal Project related to the proposed museum indirectly, but that the museum building would house historic vehicles, not aircraft. Mr. Salvie clarified that the only connection is that the material from the excavation of the hill would be utilized in building the museum, and Mr. Collings confirmed that. He stated that the two projects occurring at almost the same time was a coincidence.
Seeking further explanation, Mr. Salvie asked Mr. Collings to confirm that the timing of the runway safety project is entirely coincidental and has no relation to the museum project. Mr. Collings said that this is a project that he had been hoping to accomplish for a long time. At approximately the same time he was researching the runway safety project in December of 2013, he was able to purchase the parcel of land from Maynard Sand and Gravel. The purchase that would now allow them to do the safety upgrades. At approximately the same time, they received a large collection of military artifacts and he began looking into space in which to store the collection.
Mr. Kern had questions for Mr. Collings regarding the materials found on the site. It was determined that the sand would be transported to the Kane/Perkins site, but the gravel would remain on site. Kane would then supply different sand when Mr. Collings is prepared to build the museum building. Mr. Salvie requested that Mr. Collings provide the BoS with a document stating that he has permission to use the Kane Haul Roadway for three years.
Mr. Burke questioned whether materials could be used on site instead of removing them from the site. Mr. Collings answered that there was a ditch they would like to fill, but most likely wouldn’t be permitted to do so because of its wet nature and limitations by the Conservation Commission. Mr. Burke asked Mr. Collings to provide the Board with options for utilizing the materials on site.
The floor was opened for public questions and comment.
Ron Gerhard of 222 Barton Road spoke on Jack Zettler’s trucking calculations and gave a document with calculations to the Board. Zettler said that the large trucks with 4 axels are 28 cy trucks. Zettler fears that there will be a potential for smaller trucks and he feels there is potential that smaller trucks will be used and more truck trips would be 7,142 (reduce by 30%). Gerhard stated that if smaller trucks are used it would be a greater number. Weight limits on trucks and whether the sand is wet or dry will have bearing on how much material trucks can actually move.
Pat Sorn of Barton Road asked if everyone was assuming that the haul road is available and does that require permission from Town of Hudson. Mr. Collings confirmed that because it’s a private road, use of the haul road does not require permission from the Town of Hudson.. She was concerned that if the possibility of the haul road use were not possible, Mr. Collings might attempt to remove the material via Barton Road. Mr. Collings said that would not be applicable because this plan is based on utilizing the haul road.
Greg Jones of 61 Sudbury Road asked whether the Town had an opinion from Town Counsel and if they could share that with the public. Mr. Salvie answered by saying that the Town had received an opinion from Counsel, but that he was not certain that they could share the opinion since it might be protected by attorney/client privilege. Mr. Salvie said the Board would check with Town Counsel. His second question asked what constitutes the Board’s definition of landscaping. Mr. Salvie encouraged Jones to share his definition of landscaping. He said that he owned 10 acres and couldn’t imagine any sort of landscaping project that would take more than six months or cost over $100K. He questioned the granting of a permit based on landing safety. Another recommendation made by Jones was that the Board should seek independent sources of
information for details provided by Mr. Collings, such as how many trucks it would actually require to remove the material, or the value of the sand being removed. He said his reasoning for this is in the context that this is a non-commercial operation with the desire to place limits on a landscaping project. The bylaw states that the landscaping project cannot be deemed commercial.
Linda Cornell of 222 Barton Road reminded the Board that this earth removal is exactly what Maynard Sand and Gravel attempted to do in 2002. At that time they asked for permission to reduce the site by 250K cy then reduced the project to request permission for 125K cy. She questioned whether anyone from Maynard Sand & Gravel were present to answer questions and no one was. She said that it’s difficult to understand how Mr. Collings acquired the parcel of 22 acres for $100 with no “side deals” in place.
Barb Jones of 61 Sudbury Road reminded the Board that they are being asked to consider words that are clearly in common usage and being asked to torture these words: commercial and landscape. We all know what those words mean she reminded the Board that they are under public scrutiny now and the public will be watching how the Board will treat this request for permission to remove earth. She asked that the Board please realize that from the beginning this project has asked the BoS to bend the bylaws and the intent of the bylaw. She added that many years ago there was a bylaw that prohibited the construction of another airport in Stow and somehow this airstrip was pushed through. She said that is relevant in recognizing how the Collings Foundation has done things over the years; once a project is permitted, it goes
forward and becomes something completely different. It is her opinion and fear that if the hill is reduced the number and size of planes will increase. She mentioned that there is an article in the June edition of the AAA newsletter advertising the Jack Littlefield Collection that will be housed in a new 67,000 museum at the Collings Foundation to be opened in Spring 2015. Finally she stated that she had issues with the Foundation not being considered commercial when there are charges to visit the property and charges to go up in the planes.
Andy Dunn of Barton Road said he has been following this process and it seems that the earth removal is one piece of a larger project. He reviewed the bylaws and it seems that if the Board denies this permit it will take away a lot of the power of the Town in controlling this project. If you deny, the earth removal does not necessarily stop, it simply means the material won’t leave the Collings location. If the Board approves this project, it will have more control over what occurs. It can set time restraints, name setbacks and you get none of that if you deny
Stow resident, Ernie Dodd, said that one of the problems with this project is that the numbers keep changing at every meeting. He suggested that the BoS should require that Mr. Collings provide a document that specifies all numbers that we’re going to be talking about well before a meeting. It was his opinion that a peer review would be a good idea. His second point was that he did not consider this a landscaping project. He said that whether it’s 105K cy or 70K cy, it’s a lot of soil. His third point was that the noise and dust associated with such a project will affect many of people from Stow and Hudson.
Finally Mr. Dodd added that Mr. Collings is asking for updates to an airfield that is not legal in this town--neither Planning Board, the Zoning Board of Appeals, the Building Inspector, or the Selectmen can permit a use that specified in our bylaw. Mr. Collings has been told many times to cease and desist and the Town has failed to take the steps necessary to stop the operation.
Mr. Salvie asked Mr. Dodd if he would reply to the speaker prior to him whose opinion was that it might be advantageous to have the BoS permit the project in order to have controls in place. Mr. Dodd said that it’s difficult to control noise because it’s difficult to measure. He added that unless the property is restricted by wetlands, the owner is allowed to take down trees, clear land, etc. without restriction.
Mr. Colling spoke to clarify that the landing strip is legal and defended by the Stow ZBA.
Mr. Collings stated the following: Massachusetts doesn’t allow any bylaw to be passed by towns that directly affect aviation without being approved by Mass DOT Aeronautics Division. There may be some confusion because there were some regulations/bylaws passed years prior that were never taken to, or approved by Mass DOT Aeronautics Division. There are no restrictions on airports in Stow that have not been approved by Mass DOT Aeronautics Division. This fact was stated by Mr. Wrigley at the prior meeting.
Mr. Ryan addressed the audience and asked that the comments or questions pertain to the earth removal permit and not the legality of the Private Landing Area (PLA) in order to move the process along.
John Gage 90 Hunter Ave., Hudson, MA, mentioned that the current bylaws do not include a definition of landscaping. He said that he assumed there was no need for a definition because everyone understood what landscaping meant. There is, however, a definition for mining of land in the Bylaws and removing sand meets that definition. Further, the bylaw states that no soil, loam, sand or gravel may be removed except for earth removal operations that are in existence. Gage said that the Collings situation does not include an existing earth removal operation.
Due to the fact that new information was still forthcoming, Mr. Kern and the Board agreed that the hearing should be continued to July 8, 2014. Mr. Collings agreed to continue the hearing. Mr. Hawkes asked Mr. Collings to file the revised application so the BoS would have the proper documentation. Mr. Burke asked that the new documentation clearly state that the materials that need to be removed cannot be utilized on the property.
Mr. Salvie moved to continue the hearing to July 8, 2014 at 7:15 PM. Mr. Hawkes seconded the motion and it was passed unanimously.
Presentation by Minute Man Air Field
Don McPherson was present to update the Board on activities at Minute Man Air Field.
He announced an upcoming 45th Anniversary of the airport. Dr. Bob Glorioso, Co-chair of the Airport Commission was present and addressed the Board as well. They spoke of the effect of MMAF on Stow’s economy, community activities offered at the airport, InterFlight patient transport, open space at the airport and a runway renovation that is presently taking place.
Mr. Salvie thanked Dr. Glorioso and Mr. McPherson for presenting to the Board. He was impressed with the $8.6 Million (including multiplier) economic impact on Stow. He commended the number of activities occurring at MMAF.
Hiring of Police Lieutenant Officer
Police Chief Bill Bosworth made remarks and reminded the Board that he had requested that the Lieutenant position be filled earlier in the year when he submitted the FY2015 departmental budget. Mr. Wrigley is in full support of filling the position. Chief Bosworth mentioned that the position has gone unfilled for nine years. This person would fill in for the Chief in his absence. Chief Bosworth told the Board that after three years as Chief he has reassessed the department’s organizational needs. The staff will change from Chief and three Sergeants to Chief, Lieutenant and two Sergeants. This will not add to the total number on the force. This will be a non-union, administrative position. Duties will include assisting in running the day-to-day operations, budgeting, payroll, personnel, procurement, training, career
development, fiscal management and internal affairs.
The Lieutenant will be utilized in such a way that he will be properly prepared to be considered as a possible succession candidate upon the current Chief’s retirement. The Lieutenant will be on call 24 hours a day, seven days a week. This would give the Police Department a proper chain of command.
Chief Bosworth introduced his recommendation for hire, Ralph (Rusty) Marino, to the Board. Sergeant Marino is a 26-year member of the Police Department. He is the Department’s senior Sergeant by grade.
Mr. Ryan agreed with Chief Bosworth and said that he has worked with Sergeant Marino on a few projects, interviewed him and was very impressed. Mr. Ryan said he was certain he would do great job.
Sergeant Marino addressed the Board and thanked the Board and Chief Bosworth for the recommendation. He introduced his wife and son who were present. He said he looks forward to the challenge.
Mr. Burke thanked Chief Bosworth and Sergeant Marino for their years of service.
As recommended by the Chief of Police, Mr. Ryan made a motion to appoint Sergeant Ralph Marino as Police Lieutenant in the Stow Police Department effective July 1, 2014. Mr. Hawkes seconded the motion and it was passed unanimously.
Discussion to Hire a New Police Officer
Mr. Ryan informed the Board that a search for a new officer began with the position being posted several months ago. Out of 25 applicants, 7 were chosen to be interviewed by Sergeant Marino, Sergeant Thrain and Prosecutor Murphy. After that process, background checks were completed. Three were chosen for presentation to the Town Administrator’s Police Officer Search Committee that consisted of Mr. Wrigley, Chief Bosworth, Fire Chief Joe Landry, Highway Superintendent Mike Clayton and Selectman Tom Ryan. The three candidates were interviewed and the Committee unanimously felt that Chris Kusz would be the best fit for the Department. Officer Kusz holds a Master’s Degree in Criminal Justice. He’s a graduate of the Worcester Police Academy and currently serves on the Police Department in Hubbardston, MA.
Chef Bosworth agreed with Mr. Ryan’s comments and added that this is not an additional position. Officer Kusz will fill the spot vacated by Chris Harrington in December of 2013. Officer Kusz addressed the Board and thanked them for this opportunity.
As recommended by the Police Officer Search Committee, Mr. Ryan move to appoint Christopher Kusz as a full-time Police Officer, to replace Officer Christopher Harrington, effective July 1, 2014. Mr. Hawkes seconded the motion and it was passed unanimously.
Stow Solar Challenge
Mr. Kern announced that the agenda item regarding the Stow Solar Challenge will be rescheduled to a later date.
Establishment of the Pompo Fire Station/Community Center Project Development Committee
The Board discussed the formation of a Committee that would assume overall management responsibilities associated with both the design development and construction of the new shared use facility. It was decided that gathering the committee and attaining a quorum would be easier to achieve with a seven-member committee as opposed to a nine-member committee.
Mr. Hawkes moved that the Fire Station and Community Center Development Committee, created under the direction and control of the Board of Selectmen, will assume overall management responsibilities associated with both the design development and construction of the new shared use facility. These responsibilities include, but are not limited to the following: evaluate architectural design firms and recommend a preferred firm for hire by the Selectmen and Town Administrator; work with the chosen design firm in developing the final design plans and specifications of the building renovations; publicly provide regular project progress reports to the full Board of Selectmen throughout project design and construction; hold forums during development; direct and oversee the work of the project manager; provide recommended final design plans and
specifications, including design alternatives, together with project cost estimates, at town meeting; providing oversight of construction administration services. Mr. Ryan seconded the motion and it was passed unanimously.
Mr. Hawkes moved that the Fire Station and Community Center Development Committee consist of seven members comprised of 3 Selectmen, a Finance Committee member, a Capital Planning Committee member, a Council on Aging Board Member and the Fire Chief with Associate members consisting of the Building Commissioner and any other individuals so appointed by the Committee. Mr. Salvie seconded the motion and it was passed unanimously.
Mr. Hawkes stated that the three Selectmen from the prior project are willing to serve. Town Clerk Linda Hathaway asked the Board to designate this Committee as Special Municipal Employees to satisfy Ethics Commission requirements that will allow members to serve on multiple committees.
Mr. Salvie made a motion that members of the Fire Station and Community Center Development Committee be designated as special municipal employees. Mr. Burke seconded the motion and it was passed unanimously.
Designate Project Manager and Technical Assistant for the Fire Station and Community Center Development Committee
The Selectmen determined that Building Inspector Craig Martin would be a stellar choice to serve as Project Manager for the Fire Station and Community Center Development Committee. They determined that Town Administrator Bill Wrigley would serve as Technical Assistant.
Mr. Ryan made a motion to appoint Building Commissioner Craig Martin to serve as Project Manager for the Fire Station and Community Center Development Committee and to appoint Town Administrator Bill Wrigley as project Technical Assistant. Mr. Hawkes seconded the motion and it was passed unanimously.
Liaison Reports
Multi-Use Track Road Committee - Mr. Salvie reported that in 2009 $43K was appropriated from Community Preservation Committee for Track Road renovations. To date, renovations have not been done and the money has remained in the Track Road Multi Use Committee account. CPC has contacted the Chair of that Committee, John Akers, to get an update and are meetng with them tomorrow night. This Committee will most likely be closing down but would like to harvest the knowledge acquired by Akers during his many years of service. The question of who will take over any responsibilities for Track Road will go to Mr. Wrigley with input from Mr. Akers. Additional work on the road might include a formal arrangement offering to share the cost of occasional maintenance work with the owner of the land who allows an easement to access Track Road
and possibly additional signage.
Tri-Town Meeting - Mr. Kern reported that he attended the last Tri-Town Meeting and their main focus was an update from the Committee that is researching the use of space at Nashoba Regional High School. The sense from George King was that by the end of the year, Nashoba intends to submit a Letter of Interest to the Massachusetts School Building Authority (MSBA) to express interest in a building project at the High School.
Mr. Burke - Nothing to report.
Tri-Town Meeting - Mr. Hawkes thanked Mr. Kern for covering the most recent Tri-Town Meeting and added that due to family obligations during the upcoming school year, he will need to find a member of the Board who would be willing to take on the responsibility of attending Tri-Town Meetings going forward.
Field driver and Fence Viewer - Mr. Hawkes mentioned that an application for the position of Fence Viewer was received on May 30, 2014 from Mr. Burke. Mr. Burke said that he applied to volunteer for the Field Driver and Fence Inspector position to serve the Board and community as needed.
Adjournment
At 8:51 PM Mr. Hawkes motioned to adjourn. Mr. Ryan seconded the motion and it was passed unanimously.
Respectfully submitted,
Maureen Trunfio
Recording Secretary
Approved 9/11/2014
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