Minutes
Stow Board of Selectmen
September 23, 2014
Present at the meeting that was held at Stow Town Building were Brian Burke, Donald Hawkes, Charles Kern, Thomas Ryan and James Salvie.
Also present were William Wrigley, Town Administrator and Maureen Trunfio, Administrative Assistant. Mr. Kern called the meeting to order at 7:00 PM.
Public Input: Lew Halprin of Barton Road voiced his support for Robert Collings as an applicant for the new Economic Development and Industrial Commission (EDIC). Additionally, Mr. Halprin asked the Board if they would research a solution for individuals with hearing disabilities attending public meetings, a provision provided for in Massachusetts Open Meeting Law.
Chairman’s Comments: None
Meeting Minutes 8/26
Mr. Hawkes moved to approve the minutes of August 26, 2014 as drafted and amended Mr. Ryan second the motion and it was passed.
VOTED: (5-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Ryan, and Mr. Salvie.)
Fine Discussion for Non-Permitted Earth Removal at 211 Randall Road
Homeowner, Nate Smith was present along with Attorney Henry Lane. Mr. Smith stated that he performed all tasks requested by Town departments and reported that the slope is now at a 3:1 grade. He added that some areas are exhibiting vegetative growth. Building Inspector Craig Martin was present and said that he will need to perform a final site inspection, but all work appears satisfactory.
The Board received a letter from Mr. Smith’s lawyer dated September 10, 2014 stating that the fine assessed should be directed to the contractor who removed the earth. Mr. Kern clarified and informed Mr. Smith that the violation the Board is discussing is the failure to obtain a permit relating to earth removal work, not the actual earth removal. Mr. Kern stated that it is the homeowner’s responsibility to request a permit.
Mr. Ryan spoke to say that he appreciates Mr. Smith’s cooperation, but explained the Bylaw precludes the Board from reducing the fine.
The Board discussed the fine at their September 11, 2014 meeting. The Board, in conjunction with Town Counsel, determined that it had no latitude for interpretation of the Town Bylaw. The Board is required to charge Mr. Smith the full amount of $16,550, based on the calculation of 166 truckloads of earth being removed from the site. It was verified by Planning Board and the Town Engineer, Sue Carter, that the disturbance total did not trigger the Town’s requirement for site plan review or storm water management. Karen Kelleher from Planning Board was present and corroborated this fact.
Mr. Salvie asked Mr. Smith for a rough estimate for remediation work and he said approximately $4-5K. Mr. Salvie asked the Board to consider offering credit for the remedial work and deducting it from the fine amount.
Mr. Smith’s attorney, Henry Lane, argued that all earth removed should be fined at the first offense rate of $50 per truckload. He also challenged the Bylaw and claimed that the contractor that had removed the earth, Mark White of Bentley Builders, should ultimately pay all fines. The Board disagreed with the latter interpretation, but said it might consider that case for “first offense.”
Mr. Smith’s attorney stated that the Bylaw language could be challenged in court. It was the Board’s opinion that if there were any chance that the case might go to court, they would prefer to begin the case with an assessment of the full fine with no consideration or credit for remediation work.
Mr. Smith agreed to continue this discussion at the next scheduled meeting of the Selectmen on October 14, 2014.
Stow Solar Challenge Final Report
Co-Chairs of the Energy Working Group, Arnie Epstein and Sharon Brownfield, were present and reported to the Board on the completion of the Stow Solar Challenge. The group exceeded their goal of 200 kWh with 417 kWh. Fifty-nine Stow households signed contracts. Tier 5 was achieved which guaranteed the donation of solar panels to the Town. Mr. Burke expressed interest in encouraging Stow’s residents to still consider solar.
Mr. Epstein and Ms. Brownfield recognized and thanked many helpful volunteers, many who were present including Greg Ames, Ann Deluty, Claudia Dragun, Becca Keane, Elizabeth Michaud, Will O’Brian, George Peterman, Sandy Taft and Jack Zettler. They also thanked Bill Wrigley, Craig martin, Jim Salvie, Stow TV, Stow IT, The Stow Independent, Center School, Shaw’s Supermarket, Ace Hardware and Emma’s Café.
New England Clean Energy
Roy Van Cleef, Project Manager with New England Clean Energy was present and explained the donation of solar panels to the Town of Stow. The donation consists of 6,460 watt system consisting of 34 x 190 Watt Suntech solar panels that will be installed on the roof of Town Building with a projected annual production of 7,330 kWh or approximately $843 per year. The projected 25-year electricity savings would total $27, 255.
On the recommendation of the Building Commissioner, Mr. Salvie made a motion to accept the donation of a 6.46kW solar energy system by New England Clean Energy for installation and use at the Town Building. Mr. Ryan seconded the motion and it was passed.
VOTED: (5-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Ryan, and Mr. Salvie.)
Green Communities:
Kelly Brown, Regional Coordinator for the Central Region of Green Communities was present and explained the program to the Board and to encourage Stow to become a member. Green Communities charge is to guide cities and towns along a path of enhanced energy efficiency and renewable energy. She spoke about the Stretch Code, grant funding and opportunities for Stow.
Mr. Salvie inquired whether the Energy Working Group would be willing to look into the program and report back to the Selectmen. They agreed to do so. The Selectmen thanked everyone for their work on the Stow Solar Challenge. Mr. Wrigley commended all involved in their responsiveness during the project.
Town Administrator’s Report
Mr. Wrigley informed the Board of a piece of correspondence that was received in the Office pertaining to complaints from Barton Road residents regarding roadway safety. Janet Belsky requested that the Board address each delineated item in the letter, and inform residents what measures might be taken to solve the problems she addressed. Mr. Wrigley told the Selectmen that he spoke with Ms. Belsky and a meeting was set with her and Public Safety Officials
For Monday, September 29, 2014 at 7 AM. If Ms. Belsky still has questions that have not been sufficiently answered after that meeting, Mr. Wrigley encouraged her to then request a meeting with the Board of Selectmen.
November 4 Election Warrant
Town Clerk Linda Hathaway was present to request a vote and signatures to approve the November 4, 2014 Election Warrant.
Mr. Hawkes made a motion to approve and sign the warrant for the Massachusetts State Election, to be held on November 4, 2014. Mr. Salvie seconded the motion and it was passed.
VOTED: (5-0) Unanimously in favor (Mr. Burke, Mr. Hawkes, Mr. Kern, Mr. Ryan, and Mr. Salvie.)
Ms. Hathaway added that the State Warrant will be mailed to each Massachusetts household. Additionally, it will be available online and can be accessed via smartphone by scanning a Quick Response (QR) code. Voting will take place at the Center School Gymnasium.
Liaison Reports
Mr. Ryan reported that he spoke on behalf of the Selectmen at First Parish Church Dedication of the newly constructed connector on September 21, 2014.
Mr. Hawkes had nothing to report.
Mr. Salvie reported that at the last meeting of the Fire Station/Community Center Building Committee there were three issues raised. The first was a problem with the septic system. The second was in a debate over whether the building would require a commercial kitchen or something less. The third item was the treatment of waste water when washing trucks. The preferred method would be a small water treatment facility that would cost between $12-15K. These issues will need to be resolved before a floor plan can be designed.
Mr. Salvie stated that SMAHT met on September 22, 2014 to finalize their proposal for use of land at 323 Great Road.
Mr. Salvie reminded the Board that the Library Trustees will be attending the Selectmen’s next meeting in order to update the Board.
Mr. Burke reported that he attended the most recent Community Preservation Committee (CPC) meeting at which they appropriated money to the University of Massachusetts group involved with Town Center planning and $28K to purchase a Conservation Restriction on the Dunn property . The CPC will hold a public meeting in the future to inform the public of their plans.
Mr. Burke informed the Board that he had extended an invitation to the NRSD School Committee to attend a future Stow Board of Selectmen’s meeting, but had not yet received a response. He will try to get a commitment at the upcoming October 1, 2014 Tri-Town Meeting at which many members should be present
Mr. Kern had nothing to report.
Adjournment
At 8:55 PM Mr. Hawkes made a motion to go into Executive Session pursuant to MGL Chapter 39, section 23B(3), for the purpose of discussing strategy with respect to potential litigation, and to adjourn thereafter. Roll Call Vote: Mr. Burke, aye, Hawkes, aye, Mr. Kern, aye, Mr. Ryan, aye and Mr. Salvie, aye.
Respectfully submitted,
Maureen Trunfio
Administrative Assistant to the Board of Selectmen
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