BOARD OF SELECTMEN

MINUTES

FEBRUARY 26, 2007

Present:          Arnold Wilson, Chairman

Hal White

Ted Goodwin

William Emrich

Steven Halterman

James Malloy, Town Administrator

The Chairman called the meeting to order at 6:30 p.m. following the Pledge of Allegiance.

Ballot Questions

MOTION:       That the Board of Selectmen approve all of the Charter revisions that were approved at Town Meeting, to be sent to the Town Clerk, by A. Wilson.

2nd:     W. Emrich

Vote:  All in favor.

Annual Town Meeting Warrant

Article #9 Town Hall and Center School Renovation

MOTION:       To place Article #9 on the warrant, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Article #10 Town Hall Construction – New Town Hall

H. White did not think the article should be placed on the warrant, since the Board has not discussed the Town Hall matter for more than two years, and this article is only a concept.  He questioned what would be done with the existing buildings.  T. Goodwin said that the buildings are in a great location, and are part of the Town’s history.  He felt that it would be a mistake to go forward with a new Town Hall.  S. Halterman felt that Article #10 would be a mistake, and the Board does not have enough information to sell it to the residents.

MOTION:       To remove Article #10 from the warrant, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Article #22 Zoning Bylaw Amendment – Commercial Business District

MOTION:       To place and support Article #22, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Article #23 Establishment of Districts

MOTION:       To place and support Article #23, by W. Emrich.

2nd:     H. White

Vote:  All in favor.

Article #24 Intensity Regulations

MOTION:       To place and support Article #24, by S. Halterman.

2nd:     H. White

Vote:  All in favor.

Article #25 Zoning Map Amendment – Commercial Business District

MOTION:       To place and support Article #25, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Article #26 Zoning Bylaw Amendment – Accessory Use

W. Emrich said that the Zoning Study Committee has found that they are uncomfortable with the way that this article is written, and that there are problems with it.  They said that corrections need to be made to ensure that they are putting forward something that is in the best interest of the Town.  He noted that the article does not state the number of people who could live in an accessory dwelling unit.  There are questions concerning tax assessment, and how people would be taxed who own these accessory units.  S. Halterman said that he was not comfortable with it either, and felt that it was too open ended.  He expressed concern about what this would do to a neighborhood.  He said that there should be a statement on how many people could live there.

Tom Creamer, Chairman of the Planning Board, said that it should be placed on the warrant because due process was conducted by the Planning Board.  He said that the members of the Zoning Study Committee had received a packet of information from the Town Planner, and there had been no objections at that time.  He said that the public should be allowed to speak to this issue.  He encouraged the Board to allow the people to vote on this article.

T. Goodwin said that he wanted to hear more about the merits of the article.  Carol Childress said that on the vote taken at the January 9, 2007 Planning Board public hearing, there was one opposed, not abstained.  It was one of the members of the Zoning Study Committee.  She said that it started out as an in-law apartment, then it was changed to an accessory use.  She did not think that it was a good article to put on the warrant.

Mary Blanchard agreed with Tom Creamer, that with due process it should go forward.  She said that she had attended the Jan. 9th meeting, and the vote was 6-4; one abstention.  She said that anyone who thinks it is not a good article should speak to it on the Town Meeting floor.

MOTION:       To place Article #26 on the warrant, by S. Halterman.

2nd:     T. Goodwin

Vote:  Four in favor; W. Emrich opposed.

H. White said that the bylaws do not mention nor define in-law apartments.  Mary Blanchard said that in-laws could be charged for living there.  She noted that taxes are based on valuation, not the income from them.  She said that part of the intent of the bylaw is to make the units conforming.

J. Malloy said that a two-family home is allowed in any residential zone.  He said that an accessory usage is not much different than a two-family home.  A.Wilson said that a two-family home needs 40,000 sq. ft., while an accessory usage can be on half an acre if it is on town water and sewer.

Carol Childress said that it is not an in-law apartment; it is an accessory use which can be used by anyone.  She noted that Sturbridge is a tourist town, and said that homeowners will take advantage of the situation by advertising on the internet and getting vacationers to rent from them, which will result in increased traffic and strangers in neighborhoods and have a negative impact on local hotels.  She noted that there should be two means of egress on the same level of a dwelling.  She suggested restricting the use to in-law apartments only.

Tom Creamer said that if it were titled “Accessory Dwelling In-Law Units” there would be no problem with it.  A.Wilson said that there is not definition of “in-law apartment” and more wording would be required.

MOTION:       To take no action on the Article, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #27 Rural Residential District – Use Regulation Amendment

Article #28 Suburban Residential District – Use Regulation Amendment

Article #29 Special Use District – Use Regulation Amendment

MOTION:       To place and recommend no action on Article #27, #28 and #29, by H. White.

2nd:     S. Halterman

Vote:  All in favor.

Article #30 Zoning Bylaw Amendment – General Regulations

MOTION:       To place and support Article #30, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #31 Zoning Bylaws – Off Street Parking

MOTION:       To place and support Article #31, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Article #32 Zoning Bylaws – Automobile Service Station and Sales

MOTION:       To place and support Article #32, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #33 Route 15 Rezoning

MOTION:       To remove Article #33 from the warrant, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Article #34 Rezoning – Old Stagecoach

MOTION:       To place and support Article #34, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Article #35 General Industrial District Use Regulations

Tom Creamer said that there were some issues with the article, but it had been brought forward by a petition, and it cannot be altered without the petitioner’s permission.  J. Malloy said that he would ask Town Counsel whether the Board could change a petitioned warrant article.  T. Creamer said that he would review it with Jean Bubon, Town Planner.  Mary Blanchard asked if the petitioner wanted to change it, would it be necessary to hold another public hearing, and would there be time.

MOTION:       To place Article #35 on the warrant, by H. White.

2nd:     W. Emrich

Vote:  All in favor.

Article #36 Sewer Bylaw Amendment

A.Wilson suggested that the Board hold action on the article.  S. Halterman noted that the Board has not seen the Comprehensive Wastewater Management Plan, and does not know about the needs assessment, does not know what the alternatives are, and what the preferred alternative would be.  He felt that both Articles #36 and #37 were premature, and the Board should see and discuss the plan and how to move forward based on what Tighe & Bond comes up with.  H. White said that the Board needs more information before making an informed decision.  J. Malloy said that the CWMP must be done, and expressed concern about the loss of time.  He noted that the Board must make a decision about the size of the plant, and get the decision to the EPA.  T. Goodwin noted that sewer is a useful tool in bringing companies to Sturbridge for industrial growth.  He said that he was not ready to make a decision, since the Board does not have enough information.

Article #37 Wastewater Treatment Plant Upgrade and Expansion

It was the consensus of the Board to hold action on Article #37.

Article #38 Community Preservation – Operating & Administrative Expense

MOTION:       To place and support Article #38 as revised, substituting $30,000 for 5%, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #39 Affordable Housing Consultant

MOTION:       To place and support Article #39, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #40 Affordable Housing Project

MOTION:       To place and support Article #40, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

Article #41 Veteran Monument Trust Fund Appropriation

MOTION:       To place and support Article #41, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Article #42 Water Department Capital Budget

MOTION:       To place and support Article #42 at $155,000, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #43 Sewer Department Capital

MOTION:       To place and support Article #43, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Article #44 Revolving Funds

MOTION:       To place and support Article #44, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Article #45 Public Lands Revolving Fund

MOTION:       To place and support Article #45, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #46 Ambulance Stabilization Fund

MOTION:       To place and support Article #46, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Article #47 Sturbridge Area Tourist Association

J. Malloy included the line item budget (copy on file) under Article #47.

MOTION:       To place and support Article #47, with information provided by J. Malloy tonight, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #48 Betterment Committee

H. White noted that the signs posted at the Chamber of Commerce are unreadable.  S. Halterman said that he has heard the same comment from people, and felt that ladder signs are too homogenizing for the town.  J. Malloy said that the Betterment Committee may need to meet to review this article again.

MOTION:       To place Article #48 on the warrant, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #49 Capital Improvement Plan

J. Malloy informed the Board that Greg Morse, DPW Director, had recommended changing “stump grinder” to “wood processing unit.”

MOTION:       To place and support Article #49 as modified, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #12 Stormwater Bylaw

MOTION:       To place Article #12 on the warrant, by A.Wilson.

2nd:     S. Halterman

Vote:  All in favor.

Article #13 General Bylaws – Right to Farm

MOTION:       To place Article #13 on the warrant and hold a public hearing on that bylaw on March 12, 2007, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

Article #14 Agricultural Commission

MOTION:       To place Article #14 on the warrant, and to include that appointments will be made by the Town Administrator, to be confirmed by the Board of Selectmen; and to invite the Open Space Committee to make a presentation to the Board, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Article #15 Demolition Delay Bylaw

H. White suggested that Town Counsel review this bylaw.

MOTION:       To place Article #15 on the warrant, by T. Goodwin.

2nd:     S. Halterman

Vote:  All in favor.

It was the consensus of the Board to place and legal ad and hold a public hearing on Articles #12, #13, #14 and #15 on March 12th .

Article #16 Brownfields Redevelopment Bylaw

MOTION:       To place and support Article #16, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Article #17 Acceptance of MGL Ch. 59, §59A

MOTION:       To place and support Article #17, by S. Halterman.

2nd:     W. Emrich

Vote:  All in favor.

J. Malloy informed the Board that he has finished the draft of the Special Town Meeting Warrant, which contains 13 articles (copy on file).

MOTION:       To convene in executive session under MGL Chapter 39, §23B, Paragraph #3:  To discuss strategy with respect to collective bargaining or litigation; not to reconvene in open session, by T. Goodwin.

2nd:     W. Emrich

Roll call vote:  All in favor.

The Board convened in executive session at 9:15 p.m.

Respectfully submitted,

Judy Knowles

______________________________

BOS Clerk                             Date