BOARD OF SELECTMEN

MINUTES

JUNE 4, 2007

Present:          Hal White, Chairman

Steven Halterman

Ted Goodwin

Arnold Wilson

William Emrich

James Malloy, Town Administrator

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

Approval of Minutes

MOTION:       To accept the minutes of April 17, 2007 as written, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

MOTION:       To accept the minutes of May 21, 2007 as written, by W. Emrich.

2nd:     T. Goodwin

Vote:  All in favor.

John Hart – Regional Emergency Planning Committee

John Hart, Director of Public Safety and Emergency Management for Harrington Hospital and Chairman of the Tri Epic Committee appeared before the Board.  He said that they have been meeting on a monthly basis since October 2001.  He said that agencies must borrow from one another in small towns, and noted that they have done training and cross training, including six major drills, and they have been trying to get official recognition from all of the towns.  They are using the Armory as a regional emergency shelter, complete with a de-contamination unit.  He said that during an emergency situation, hospitals will become ICUs where only the sickest individuals will be treated, making an alternate site to treat people extremely important.

J. Hart said that the Lt. Governor has taken a great deal of interest in their efforts.  He said that when anyone applies to MEMA and Homeland Security for grants, they get points as a regional group, and there are about 20 of these regional groups statewide.  He noted that the Local Emergency Planning Committee will continue to remain intact, with each town maintaining its own HazMat plan and evacuation plan, and equipment will be shared as necessary.  He said that they need letters from the towns that are committing to the Regional Emergency Planning Committee to send to MEMA.

J. Hart said that it is necessary to set guidelines and expectations for each community for the elected state and local officials, law enforcement, emergency management, Fire Dept., emergency medical services, local environmentalists, transportation (school buses), broadcast media, owners and operators of facilities using extremely hazardous substances, and public works employees.  He noted that they meet on a monthly basis.

MOTION:       That the Board support a Regional Emergency Planning Committee as outlined by John Hart, and support Sturbridge’s participation, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

Craig Moran, Sturbridge Service Center -- Violation

J. Malloy said that the Board had offered to hear Craig Moran’s views about the violation at his property, although the appropriate venue is the Zoning Board of Appeals.  He said that there are issues with setbacks, parking vehicles within the setbacks at the Sturbridge Service Center, and not having adequate employee parking.  The use is non-conforming.  Harold Nichols, Building Inspector, had sent out a letter clarifying the issues.  He noted that having a non-conforming use does not give the property owner the right to violate the Town’s other zoning bylaws.

Craig Moran said that he had received correspondence from J. Malloy suggesting he refer the matter to the ZBA.  He said that the Sturbridge Service Center is a pre-existing non-conforming business with documentation going back to 1962.  He said that after the government had taken some land behind the Service Center, he had wanted to purchase the land that was the old Howard Johnson’s, but it did not happen.  He noted that they have only been doing what they have been doing for 50 years at the site.

H. White said that the use is grandfathered, but the violations are not grandfathered.  He noted that C. Moran had been put on notice about the violations at the site.  He suggested filing an appeal with the ZBA and asking for variances.

Mary Blanchard said that it would only come to the ZBA if it was an appeal to a decision by J. Malloy or the Board of Selectmen, or if C. Moran needed a special permit for something.

H. White said that they need to distinguish between the use and the violations.  He recommended that C. Moran either comply with the bylaws or ask the ZBA for a variance; if he wants to discuss his business, he can meet with the Town Administrator and the Town Planner to find out what land is available to accommodate his business interests.

C. Moran said that he had a letter from the state and Town of Sturbridge permitting parking of vehicles across the street from his business.  A.Wilson requested a copy of that letter.  He said that the Zoning Study Committee meets every second Thursday to review this kind of situation.  He noted that J. Malloy’s letter to C. Moran indicated that fines will start on June 8th, and suggested giving him more time to take action.

H. Nichols said that once an enforcement letter has been sent, under the state statutes he has 30 days to file an administrative appeal with the Zoning Board of Appeals.

Tom Creamer, 359 Leadmine Road, wondered whether this application was being handled in an arbitrary and capricious manner by the Board, and noted that there are at least 32 other businesses in Town in similar circumstances.  He suggested conducting enforcement action on them as well.  H. White stated that the Town has limited capacity to enforce and has to take action based on priorities.

Dr. Gary Jeznach said that some of his patients park within 30 feet of Route 131.  J. Malloy said that his property is different as it is not non-conforming and has a site plan.

C. Moran said that his business was started there in 1957, and in 1965 there was no regulation about parking.  He noted that there have always been vehicles parked exactly where they are now, and the business is being run as it has always been run.

J. Malloy said that he can appeal to the ZBA or comply with Town regulations.  H. White suggested holding the fine in abeyance, provided that C. Moran notifies the ZBA immediately and give them the chance to review the matter.  M. Blanchard said that the ZBA will meet on June 13th and July 11th.

Syl’s Auto Sales, Inc. – Violation

J. Malloy said that this is a non-conforming use as an auto dealership in a non-commercial zone.  There is now a separate auto body and repair and used car dealer and a limo business at the site.  There is a large stack of 40-50 used tires against a fence that is falling down.  Harold Nichols, Building Inspector, said that it is a zoning issue, and if S. Proulx disagrees with the Town’s enforcement action, he should file an appeal with the ZBA.

Attorney Ed Neal appeared on behalf of Sylvio Proulx.  He said that if the business has been there prior to the Town bylaw, the setback grandfathering is cast in stone.  He said that Mr. Proulx has a site plan which was approved in 2003 with parking designated on it.  There were 75 cars on the premises at that time.  He said that he had not seen the enforcement letter from Harold Nichols, but did see the letter from J. Malloy.  He noted that Mr. Proulx needs a letter from the Zoning Enforcement Officer in order to file an appeal, but in his opinion there was nothing technical to put before the ZBA.

A.Wilson said that site plans are documents approved by the Planning Board through site plan review.  He noted that this was a plan for a Class 2 used car license, which the Board had requested.  He said that the first issue is the parking of vehicles beyond the commercial zone; how much is grandfathered, and how much is covered in the parking plan for the Class 2 license.

H. White suggested making sure that the letter complies as a zoning enforcement letter.  A.Wilson suggested giving Mr. Proulx more time to take action regarding fines.  H. White said that another letter would be issued, then he could act upon that.

Abatement on a Sewer Betterment – Cricket Drive

A.Wilson brought up Attorney Ed Neal’s request for abatement on a sewer betterment for 101-104 Cricket Drive.  J. Malloy said that he was waiting until a Special Town Meeting had been scheduled.  A.Wilson suggested that the Board deny the request and not apply for special legislation on this case.  H. White suggested that Attorney Neal discuss it with J. Malloy, and put it on the agenda.

Sewer Allocation Bylaw

J. Malloy submitted to the Board the draft “Allocation of Sewer Flow” bylaw (copy on file) with the same percentages for residential, commercial and industrial as originally presented to the Board in 2006.  He noted that Tighe & Bond is reviewing the draft information.  He noted that Greg Morse, DPW Director, agrees with him that a bylaw such as this should go with increasing the size of the wastewater treatment plant.  He said that the wastewater treatment plant should last until the debt service has been paid off.  He created a spreadsheet (copy on file) which shows both the existing reserve that is being held that could result in new homes as well as the effect of the bylaw proposal with 20 different scenarios from 0% to 100% being allocated for residential uses and the effects these have on available flow for commercial and industrial uses.

A.Wilson suggested that the Board take a work session to discuss the whole sewer issue, after receiving the CWMP report.  S. Halterman suggested sending out some questions to the Planning Department and Planning Board about lot sizes and setting a cap on building permits.  J. Malloy said that Tighe & Bond is preparing a Power Point presentation.  W. Emrich said that the wastewater treatment plant should last at least 20 years.

J. Malloy suggested adding the following wording to the bylaw:  “could require 2/3 vote at a Town Meeting.”  H. White asked for a volunteer from the Board to meet with J. Malloy, the Town Planner and Tom Creamer, Chairman of the Planning Board, to get started on developing additional agendas after that first meeting.  S. Halterman volunteered, and suggested holding discussions before July on how to implement the bylaw.  T. Goodwin stressed the importance of keeping this dialogue going.

Alex McNitt, Chamber of Commerce

Alex McNitt, Peter Pilon, Kim Cameron and Dick Vaughan appeared before the Board.  P. Pilon said that the Central Mass. Chamber of Commerce serves 450 business members, and offered support for the Dialogue for the Future.  He said that they identify ways that the Chamber can bring the voice of business into that, and they are working on having a healthy business environment.  He said that their Financial Committee recommended the formation of the Economic Development Committee.  He said that they are seeking to identify some opportunities where they could contribute and work more closely together.

H. White said that the Board is interested in the Economic Development Committee, and have put it on the agenda for the July 9th meeting.  He invited them to attend the meeting at 6:30 p.m., and said that the Board will discuss tourism and economic development.  J. Malloy said that the Board had asked him to draft a Statement of Purpose for Economic Development.  He offered to share it with Alex McNitt and the members of the Chamber.

A.McNitt said that the more clearly defined their goals are, the more effective they will be.  J. Malloy said that the Sturbridge Heritage Partnership has been funded for next year, and will help provide direction.

Dick Vaughan expressed the need to work together to make the Town stronger, with a good tax base.  J. Malloy said that it would be interesting to review the economic impact of splitting the tax rate.  P. Pilon offered to provide information on that.  A. McNitt said that the Partnership will have data, noting that the grant is tourist related.

P. Pilon invited the Board to attend their meeting on Tuesday, June 19th at the Oxhead Tavern.

Molly’s Ride for Child Safety

MOTION:       To approve the request of the Molly Bish Foundation for a Special Event Permit for June 30, 2007 for the activities outlined in the May 17, 2007 letter (copy on file), by S. Halteman.

2nd:     T. Goodwin

Vote:  All in favor.

Tighe and Bond Contract Amendment

MOTION:       To approve Amendment #2 to the agreement between the Town of Sturbridge and Tighe & Bond for construction services related to the Westwood Drive portion of the Woodside Circle/Westwood Drive Sewer Project in the amount of $16,400 and to authorize the Town Administrator to execute the amendment, by A.Wilson.

2nd:     T. Goodwin

Vote:  All in favor.

Appointment

MOTION:       To confirm the Town Administrator’s appointment of Randy Ellithorpe to the Open Space Committee, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Firefighter/EMT-Paramedic Position Description

H. White suggested including wording in the position description that when they are in the Fire Station waiting for calls, they should perform whatever staff administrative work needs to be done.  J. Malloy said that it reads:  “Other duties may be assigned.”

MOTION:       To approve the position description of the Firefighter/Paramedic, by W. Emrich.

2nd:     S. Halterman

Vote:  All in favor.

Miscellaneous

J. Malloy said that the bond for Syl’s Auto Sales, Inc. has been provided by McGrath Insurance Group; therefore, this business meeting the bonding requirement and there is no need to move forward with a hearing.

Appointment

MOTION:       To appoint Doreen Avallone as a Registrar of Voters for a three-year term to expire in 2010, by T. Goodwin.

2nd:     W. Emrich

Vote:  All in favor.

Road Materials Bid

MOTION:       To award materials and equipment rental bids for FY08 as per the recommendation of the Public Works Director dated May 30, 2007, by S. Halterman.

2nd:     T. Goodwin

Vote:  All in favor.

General Discussion

H. White said that there is a Special Election scheduled for June 25, 2007 to vote to support or not support the ballot question.  He strongly recommended a “yes” vote regarding Town Hall/Center School building renovation.

MOTION:       So moved, by T. Goodwin.

2nd:     S. Halterman

Vote:  All in favor.

H. White suggested writing letters to the editor requesting residents come out to vote and encourage a “yes” vote.  He drafted a flyer that will be made available at Town Hall.  He said that if residents have any questions, they may contact any member of the Board or the Town Administrator, and contact information is listed on the Town’s website.  He noted that anyone in opposition to the question may also provide flyers.  He said that individuals can purchase signs from a local sign maker at the rate of $7 apiece, without the base.  A.Wilson recommended ordering about 30-70 signs.  A.Wilson said that the same rules apply as for political signs.  You have to contact property owners to place them on their properties; he suggested placing signs on municipal properties.  J. Malloy said that he would put together a letter to the editor explaining the work that would be done.  S. Halterman suggested issuing press releases regarding the renovation of Town Hall and the Center School building.  J. Malloy said that he would speak to Brian Burns regarding the historical significance of the buildings.

H. White said that the Board had received a letter from MMA regarding the need to preserve local cable and video franchising authority and requesting support for inviting Verizon into the community.

MOTION:       To sign the MMA draft letter regarding Verizon, by A.Wilson.

2nd:     W. Emrich

Vote:  All in favor.

T. Goodwin said that Senator Moore has brought attention to the fact that something needs to be done about affordable housing.  The consensus of the Board was to contact legislators and request their support of legislation that would temporarily place a moratorium on new 40B projects that are not part of a Local Initiative Program, until such time that comprehensive affordable housing legislation can be considered by the legislature.  J. Malloy will draft a letter and give it to the Board before the next meeting.

Old Business

A.Wilson offered to contact Rep. Bosley regarding the casino issue.

MOTION:       That the Board vote to oppose the concept of casino gambling within the Commonwealth of Massachusetts, by A.Wilson.

2nd:     S. Halterman

S. Halterman suggested contacting the press regarding the Board’s feeling about casinos.  H. White said that he was not inclined to support the motion that night, and noted that the Board has taken the position in the past to not support a casino in Sturbridge or in the state.  T. Goodwin said that a casino would decimate the local area that it goes into, and said that he would be willing to vote on it.

It was the consensus of the Board to discuss the matter again on June 18th, and to draft a letter to the Governor with copies to all other legislators opposing casino gambling and that any proposal must require a 2/3 vote within the site community and all impacted communities within a 50 mile radius.

W. Emrich said that a resident is willing to donate $300 toward signs.  J. Malloy said that Dan Durgin, Superintendent indicated that they are working on having some signs made, to be placed on Rt. 148 and some other locations.

W. Emrich asked whether the sound was taped at the Town Meeting.  J. Malloy said that it was not done this year.

W. Emrich asked when Cedar Street would be paved.  J. Malloy said that he would talk to G. Morse about it.

T. Goodwin suggested a topic for a work session:  Lake Management.

H. White said that the deadline for the Town Administrator’s proposed goals is Friday, June 8th.

H. White asked about the ABCC letter regarding a tax issue at Perennials.  J. Malloy said that they have outstanding taxes to be paid to the state.

New Business

S. Halterman congratulated W. Emrich and Bob Briere for organizing and executing the Memorial Day Parade.  W. Emrich thanked Tom Chamberland, Paul Neslusan, George Berry, the Tantasqua Band and everyone else who had participated.

S. Halterman expressed concern with the comment about understanding the rules for setbacks and whether or not they are grandfathered.  He suggested putting together a description of the rules.  J. Malloy said that he would call Tom Root.

S. Halterman asked about J. Malloy’s authority regarding zoning enforcement.  J. Malloy said that he was appointed Zoning Officer during the interim period when there was no Building Inspector, and the Board had never revoked it.  He noted that the Charter states that he is responsible for all of the Town laws.  He said that he would talk to Town Counsel about it, and will send the follow-up letter out under the Building Inspector’s name.

S. Halterman said that all other violations should be brought forward, although the Board does not have time to address them all at once.  J. Malloy said that he had told Harold Nichols that he wanted to spend some time reviewing zoning issues and illegal sign issues.

H. White said that the Rotary Club has invited the Board of Selectmen to celebrate their park dedication on June 14th at 10:00 a.m.   J. Malloy said that he would attend.

Ask the Selectmen

T. Goodwin said that the caller was having problems with getting cable access channel 11.

MOTION:       To convene in executive session under MGL Ch. 39, §23B, Paragraph #6:  To consider the purchase, exchange, taking, lease or value of real property, not to reconvene in open session, by T. Goodwin.

2nd:     W. Emrich

Roll call vote:  All in favor.

Respectfully submitted,

Judy Knowles

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BOS Clerk                             Date