Minutes
Stow Board of Selectmen
May 27, 2014
Present at the meeting that was held at Town Hall were Brian Burke, Donald Hawkes, Charles Kern, Thomas Ryan and James Salvie.
Also present were Town Administrator, William Wrigley and Recording Secretary, Maureen Trunfio. Mr. Kern called the meeting to order at 7:00 p.m. He welcomed Mr. Burke to the Board.
Public Input: None
Chairman's Comments: Mr. Kern announced that he will serve as the new Chair of the Board of Selectmen and thanked Mr. Hawkes for his service.
Administrator's Report: Mr. Wrigley announced that he will be on vacation from June 9-17, 2014. He noted that it will fall to the Board of Selectmen to appoint members to the Building Committee for the design and development stage of the new shared-used Fire Station/Community Center. Mr. Wrigley volunteered to serve as Technical Assistant to Project Manager Craig Martin.
Collings Earth Removal Hearing
At 7:10 PM Mr. Kern opened the public hearing for an earth removal permit brought forth by Robert Collings of the Collings Foundation. The Legal Notice was read aloud as well as the abutters lists which included residents from both Hudson and Stow. The hearing was originally opened at the Board's April 22, 2014 meeting, but it was found that the abutters lists were incomplete.
At the prior meeting, the BoS requested letters of support from the US Department of Transportation Federal Aviation Administration and the Massachusetts Department of Transportation (DOT) Aeronautics Commission.
Mr. Collings submitted letters dated May 20, 2014 and May 23, 2014, respectively, to the Board. The letters demonstrated support for the project. He read both letters aloud for the public.
Mr. Collings stated that he was seeking permission to remove earth in order to make the airfield on his property safer. He stated that no larger planes or frequency of flights would increase as a result of this project. Mr.
Collings told the Board that the project appeared to be permissible under the town's bylaw if considered a landscaping project. The earth removal would originate from the top of a hill that would be leveled. Most materials would be recycled and used on the premises including sand and gravel.
However, approximately 100,000 cubic yards of material would need to be trucked off site. Material would be transported off the premises via a haul road associated with Kane Industrial Park in Hudson. Mr. Collings added that he would be going through the proper permitting procedure with the Conservation Commission due to wetlands associated with a small portion of the site.
Mr. Collings told the Board that public benefit of this project would be threefold. First, flight safety would be greatly improved with the removal of the 31-foot rise that occurs within 300 feet of the runway. Second, there would be a one million gallon enhancement in the recharge of ground water due to the removal of trees and the flattening of the hill top. Third, there would be preservation of open space, specifically 22 acres of land that will be preserved for recreational use.
At the conclusion of Mr. Collings' presentation, Mr. Salvie asked Mr.
Collings to be specific about which materials would stay and which would be trucked off site. Mr. Collings responded that all of the loam will be stripped and saved on site for use on site at the end of the project. He stated that 70% of the sand would be sifted and utilized for concrete production. He said that the remaining 30% of the sand might possibly be traded for additional loam if needed on the site at the end of the project.
Mr. Salvie asked about the direction of flights relating to the alleged improvement of runway conditions. Mr. Collings said that the number of landings approaching from the south would increase if the project were completed.
Mr. Salvie asked about the proximity of the nearest homes to the trucks that would be traveling on the haul road. Mr. Collings stated that he did not know. He said that he would guess 400 feet.
Mr. Hawkes had questions regarding the duration of the project and whether the project specified a six-day work week. Mr. Collings confirmed that a six-day work week was proposed for 2-3 years. Mr. Hawkes asked for clarification of "work hours." Mr. Collings said roughly 7:30 AM-5 PM. Mr.
Hawkes asked whether dust might be a concern and Mr. Collings said that he didn't believe so because most of the operation would take place in a bowl-type depression.
Mr. Burke asked about the increase in landings from the south. Mr. Collings answered that they now land from both north and south directions depending on the wind. The change with the removal of the hill would offer a clearer, lower approach which would be preferred. Mr. Burke asked what Maynard Sand & Gravel was doing with this property before he acquired it from them. Mr.
Collings said that it had been proposed to become a soccer field, a subdivision, and a 40B project in past years, not of which came to fruition.
Mr. Ryan added asked why Mr. Collings was not deterred after hearing that Maynard Sand & Gravel could not develop the area because they could not excavate. Mr. Collings said that Maynard Sand & Gravel was trying to excavate a much larger area than what he is proposing.
It was noted that the Selectmen's Office had received a petition signed by
55 residents objecting to the earth removal project. The twelve-page paper accompanying the petition intended to establish that the project does not meet any of the prerequisite conditions prescribed by the applicable provisions of Stow's Earth Removal Permit Bylaw (Article 6, Section 22). Mr.
Hawkes addressed Linda Cornell to say that, in the future, it would be helpful to know the author of the document.
At 7:42 PM comments from the public were welcomed:
Mike Latern, a Hudson resident, was concerned that the number of flights or size of planes might increase if improvements are made. He asked whether some sort of approval from BoS or any governing body would be required if Mr. Collings attempts to bring in larger planes or increases the number of flights. Mr. Collings answered that there is not anyone keeping track of flights and there are no restrictions, but the limiting factor is that only three major events are held at the airfield each year.
Jack Zettler of 52 Barton Road said that the point is being missed and that earth removal is not admissible according to the town's bylaws. Mr. Wrigley said that Mr. Collings had stated the specific bylaw (Article 6, Section 22, Para. J) Landscaping as his perception of the project and stated that no decision was going to be made tonight. He reassured Mr. Zettler that Mr. Collings must be permitted to publicly present his proposed project at a hearing and nothing would happen without the Board's approval. The definition of terms will be deliberated upon by the Board, and Town Counsel would be included in discussions. Mr. Wrigley said that the Board will look at the provisions in the bylaw as it pertains to the best interest of the town.
Pat Sorn of 174 Barton Road asked whether the tree removal on the Collings property in the past was permitted. She added that during that project 3-5 trucks per day were leaving the property and it was disruptive. Mr. Collings responded to say that the most recent tree removal was related to a fire pond that was recently made available for the residents on Barton Road. The other tree-removal project, many years ago, was undertaken to improve parking.
Ron Gerhardt of 222 Barton Road mentioned that he thought that the proposed project directly resembled strip mining, not a landscaping project. He said that he could not cite one example of a landscaping project of this size, including the town's many golf courses. He questioned whether Mr. Collings had made some beneficial arrangement with Maynard Sand & Gravel. Mr. Collings stated that he had not.
Karen Brown of 86 Hunter Ave., Hudson, said that she had considered the project's proposed three-year duration and questioned whether the project actually benefited many people or just the few who will profit and enjoy flights. Mr. Collings referred her back to the three public benefits he put forth at the beginning of the discussion.
Kelly Smith of 216 Barton Road asked whether industrial sifters would be used and Mr. Collings said they would. She voiced her concern for the loud noise associated with them. She questioned Mr. Collings' math with regard to the number of trucks per day, based on 28 c.y. trucks. Mr. Collings clarified that it would be approximately 250 work days, multiplied by 3 years divided by 3,500 round trips and that would equal five round-trip truck loads per day.
Linda Cornell of 222 Barton Road stated that she is the closest abutter in Stow and her concern was noise. She asked the Selectmen what her recourse would be if noise associated with the project presented a problem. Mr.Wrigley answered that the BoS, if they choose to approve this project, would have the authority to set terms, conditions and limits on the work to minimize impact. The Board could come back and revisit the approval. The Board would set reasonable and rational conditions based on the information they are presented. She said she was mainly concerned with hearing back-up beepers all day long. The Selectmen said that the Board could require Mr. Collings to provide engineering reports for noise levels and could be held to the results of those reports. Additionally, he told Ms. Cornell that the Board could limit the number
of truck trips.
After questioning what recourse the BoS might have if the project does not go as planned, Mr. Hawkes read from Section F of the Earth Removal Bylaw and reminded the public that Mr. Collings will not have carte blanche with the project. The bylaw gives the BoS the authority to renew or deny the earth removal permit every year. He reminded the public, also, that the BoS is not going to be deliberating tonight and instead was simply gathering information.
Amanda Atwell of 171 Barton Road questioned the 20:1 slope and asked Mr.
Collings if he had considered a 35:1 slope. Mr. Collings stated that he was assigned the 20:1 slope by their Principle Operating Instructor (POI) and that he follows FAA instructions.
Denise Spencer of 203 Barton Road asked Mr. Collings why sand and gravel were needed for concrete on site. Mr. Collings replied that he is seeking permission to build a museum on the premises.
John McDowell of Hudson had concerns about the haul road. He said he was certain the road would take quite a deal of work to upgrade to what would be required for large trucks. He said he would like assurances that it would not continue to be used after the project has been completed. Mr. Collings said that the road would require grading and that they would only need to remove one large tree. He added that they only have permission to use the road for three years.
Gladys Beaudette of 84 Hunter Ave., Hudson voiced her concern over the proximity of her (plus other) houses to the haul road. She mentioned that one of the homes houses a family with a two-year old child and she was concerned for his safety.
Dan Barstow of 99 Pine Point Road asked whether issues regarding the proposed tank museum were relevant at this hearing. Mr. Collings told him that there would be a hearing regarding the museum with Planning Board on either June 11, 2014 or June 18, 2014. Mr. Barstow voiced his frustrations with the ongoing disruptions in the area.
Robert Kramer of Martin Lane asked whether Mr. Collings had come before the Board to gain permission to clear trees and build the landing strip and how the idea of Mr. Collings creating a pasture for long-horned cattle plays into the current scenario. He also wondered if the improved runway might allow for B-17's. Mr. Collings said that there would be no way a B-17 or other large aircraft could land on such a short airstrip.
Barbara Jones of 61 Sudbury Road voiced her frustrations with Mr. Collings and the proposed long-horned cattle pasture that became the landing strip.
She also mentioned that she felt the use of the word "private" has been skewed by Mr. Collings. Finally, she questioned the concept that the runway is not safe. She asked how a perfect track record for safety had been achieved with an unsafe runway. Mr. Collings answered that it is difficult to keep the runway safe because, unlike many other airports, The Collings Foundation does not receive federal funds.
Linda Cornell of 222 Barton Road spoke again and said that her interpretation of the bylaws shows nothing that would allow for the removal of that much earth.
Alan Fierce of 284 Red Acre Road spoke of his concern for the Assabet River that abuts the Collings property.
John Gage of 90 Hunter Ave., Hudson said that his home is 50 feet from the haul road and that he is concerned about the traffic involved with a three-year project. He recently built an addition to his home in order to be able to care for his elderly mother. During "event weekends" he needs to take her out of the home due to the noise levels. He wondered what would happen if they were forced to live through a three-year project. He stated that he thought that the haul road would need major adjustments to be able to handle the volume of traffic generated from this project.
Joe Parson of 187 Barton Road said that 2.33 acres of earth removal should not qualify as landscaping. Resident Rich Cummings said that if Mr. Collings is applying for an exemption, which should be difficult to get, and there is great benefit to the public, which an exemption requires, shouldn't there be a groundswell of support for the project?
The Board of Selectmen had another previously scheduled hearing on the agenda and, therefore, determined that they would continue the hearing to their next meeting on June 10, 2014 on or after 7 PM. Mr. Collings agreed to the continuation.
Mr. Salvie made a motion to continue the public hearing regarding the request by Robert Collings of the Collings Foundation to remove earth from his property located at Barton Road to June 10, 2014 on or after 7 PM. Mr.
Hawkes seconded the motion and it was passed unanimously.
Request by Verizon and Hudson Light & Power to Replace an Existing Pole on Gleasondale Road
At 9 PM Mr. Kern opened the public hearing and read the abutters list for a hearing requesting permission to replace and existing pole on Gleasondale Road.
Bill Wallace, a representative from Verizon, was present and requested permission to replace an existing pole on Gleasondale Road. He stated that electricity to the residents would not be lost during the procedure.
Abutter Emily Bayette of Rock Bottom Realty Trust send a representative to state that they were in support of the pole replacement.
Mr. Salvie made a motion to approve the petition for joint pole location for Verizon and Hudson Light and Power and to move said pole on Gleasondale Road on the northwesterly sideline and place a new JO Pole No. T.30S approximately 125 feet west from the beginning of Sudbury Road. Mr. Ryan seconded the motion and it was passed unanimously.
Administrator's Report (continued)
Mr. Wrigley reported that Tom Ryan and he had conducted the second round of interviews for hiring a police officer to fill the vacancy left by Chris Harrington. He is hopeful they will have a candidate to present at the Board's June 10, 2014 meeting. He stated that they would like to fill the Lieutenant position vacated by Chief Bosworth's promotion. He added that these salary costs were considered in the FY2015 budget and would not be an increase.
Reappointment of Annual Building Inspector
Mr. Ryan made a motion to reappoint Craig Martin to the position of Building Commissioner, for a one-year term, ending May 31, 2015. Mr. Salvie seconded the motion and it was passed unanimously.
Reappointment of Forest Warden
Mr. Hawkes made a motion to reappoint Fire Chief Joe Landry to the position of Forest Warden, for a one-year term, ending May 31, 2015. Mr. Ryan seconded the motion and it was passed unanimously.
Reappointment of Inspectors
On the recommendation of Commissioner Martin, Mr. Ryan made a motion to reappoint the following inspectors, for one-year terms, ending May 31, 2015:
Electrical Inspector: Robert W. Norton, Deputy Electrical Inspector: Charles Weeks, Deputy Electrical Inspector: Michael A. Norton, Gas Inspector: Adam Sahlberg, Deputy Gas Inspector: Robert Smith, Plumbing Inspector: Eric S.
Sahlberg, Deputy Plumbing Inspector: Adam Sahlberg, Deputy Plumbing Inspector, Robert Smith. Mr. Hawkes seconded the motion and it was passed unanimously.
Annual Approval of the Animal Control Warrant
Mr. Hawkes moved to approve the annual Animal Control Warrant, dated May 27, 2014, and to authorize the Chairman to sign it on behalf of the Board. Mr.
Ryan seconded the motion and it was passed unanimously.
Highway Department Hiring
It was explained that primarily during storm events, the Highway Department requires additional persons to assist with the cleanup, mechanical work, etc.
Mr. Ryan made a motion to authorize the Town Administrator to approve the hiring of part-time/per diem Highway mechanics and laborers. Mr. Hawkes seconded the motion and it was passed unanimously.
The Board excused Mr. Wrigley at 9:03 PM.
Liaison reports
Mr. Salvie reported that the statutory requirements for 40B housing for the next two years has been reached. He stated that he will attend the Nashoba Task Force meeting on May 28, 2014. He mentioned that the proposition of a pilot program from Boxboro to pay to use their transfer station by residents of Stow has not been forgotten and will be further investigated in the near future. He said that the Stow Solar Challenge has been completed and has achieved Tier 5 status. He offered congratulations to all involved with that effort.
Mr. Burke mentioned that he was looking forward to serving as the Board's representative to whichever liaison assignments he receives in the future.
Mr. Hawkes mentioned that there has not been any activity regarding Tri-town Meeting since April. He added that Tri-Town does recesses for the months of July and August. He informed the Board that the School Committee has moved their meetings to Wednesdays better affording the chance for a Selectman to attend.
Mr. Ryan reiterated Mr. Wrigley's comments regarding the presentation of a new police candidate to the Board and the search for a lieutenant.
Adjournment
At 9:18 PM Mr. Hawkes made a motion to adjourn. Mr. Salvie seconded the motion and was passed unanimously
Respectfully submitted,
Maureen Trunfio
Board of Selectmen Recording Secretary
Approved 9/11/2014
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