BOARD OF SELECTMEN

MINUTES

NOVEMBER 3, 2008

Present:          Steven Halterman, Chairman

Ted Goodwin

Scott Garieri

Mary Blanchard

Hal White

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 October 20, 2008 as corrected, by H. White.

2nd:     M. Blanchard

Vote:  All in favor.

Zoning Board of Appeals – Joint Appointment

Candidates Christopher Mattioli and Francesco Froio appeared before the Board.  C. Mattioli said that he is a representative of the Carpenters’ Union, and the Town bylaws relate to his work.  F. Froio said that he is a manager for Verizon Wireless, and wants to be involved in the growth and well-being of the Town. He said that he is research oriented and will review facts and do what is best for Sturbridge.

Ginger Peabody, Chairman of the ZBA, asked whether they had attended the Citizens Leadership Academy.  F. Froio said that he had not; C. Mattioli said that he had started it, but stopped when he ran for Selectman.  G. Peabody asked whether they had knowledge about the zoning bylaws, variances and special permits.  F. Froio said that he had done research on the Town’s website and had met with Jean Bubon, Town Planner.  C. Mattioli said that he had reviewed the zoning bylaws, and would be willing to take a workshop.

M. Blanchard asked whether they were familiar with the 40A state zoning act.  F. Froio said that he had seen information on the internet.  C. Mattioli said that he was more knowledgeable about 40B.

H. White asked if they had served on any Town boards or committees.  F. Froio said that he had not.  C. Mattioli said that he had served as Chairman of the Democratic Committee, and is currently the Vice-Chairman.

S. Garieri asked whether they had attended any of the ZBA meetings.  F. Froio said that he had not.  C. Mattioli said that he had attended five of their meetings.

S. Halterman asked whether they had attended or watched any Planning Board meetings.  C. Mattioli said that he had watched most of them on TV.  F. Froio said that he had also watched the meetings.  G. Peabody asked whether they had watched any of the Zoning Board meetings.  C. Mattioli and F. Froio both said that they had.

M. Blanchard asked whether they would be interested in running for the position when the time comes.  C. Mattioli and F. Froio both indicated that they would.

Kevin Kelley, Vice-Chairman of the ZBA, thanked the candidates for applying.  Based on their experience and private lives with regard to knowledge, skill and education, he asked them what they would bring to the Board to help them be better servants to the community.  F. Froio said that he has run management meetings, and as a store manager he is developing a team to communicate with customers.  C. Mattioli said that as a representative of the Carpenters’ Union, he works with 110 type A personalities on a daily basis, and he can also be unbiased.  He is the recording secretary of his local union.

K. Kelley asked what they considered to be weaknesses of the ZBA, and how could they improve.  C. Mattioli said that the ZBA is a very professional board with a professional atmosphere, and he had attended five meetings and watched 15.  He was not sure what could be improved.  F. Froio said that he did not know what their weaknesses were, not having experienced them.

MOTION:       To nominate Francesco Froio to fill the vacancy on the ZBA, by M. Blanchard.

2nd:     S. Garieri

Vote:  Six in favor; four opposed.

The motion carried.

Thomas Chamberland, Veterans’ Agent – Veterans’ Day Activities

S. Halterman read a proclamation designating May 1st Silver Star Banner Day.  T. Chamberland appeared before the Board to review activities for Veterans Day, November 11th.  He said that the American Legion open house will start at 6:30 p.m.; the opening ceremony will start at 7:00 p.m. with the Tantasqua High School Choraleers; information regarding Blue Star Mothers; a violin performance by Hunter Foote; information on the Silver Star program; recognition of veterans; closing with taps by Hunter Foote.  He said that it will be an evening of fellowship.

Zoning Amendment – Open Space Residential Design

MOTION:       To return the proposed Open Space Residential Design Bylaw to the Planning Board to move forward with the public hearing process, by H. White.

2nd:     T. Goodwin

Vote:  All in favor.

Taxicab/Livery Driver’s License

MOTION:       To approve the livery driver’s license application from SLAR Inc. for Abraham Sapojnikov as per their application, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

Recreation Committee – Field Study on the Shepard Parcel

Lynne Girouard, Recreation Coordinator, Scott Young of CME Associates and Al Jones of the Recreation Committee appeared before the Board.  L. Girouard submitted to the Board a proposal from CME Associates for the design of the new recreational fields at the Shepard parcel.  She said that the Town has one regulation size Little League field, and another one that is not regulation size.  A. Jones said that Turner’s field is not regulation size, and the two softball fields are too small.  He noted that there may be fewer fields after the Burgess project is completed.  J. Malloy recommended that the land be transferred back to the Town, and said that there are wetlands at the site so that it can’t be used for a school site.  He suggested using CPA funds to develop fields.  S. Young said that the cost for an engineering design for a baseball field would be approximately $400,000 - $500,000.  J. Malloy said that there may be a Special Town Meeting in mid February 2009.  He said that there should not be any loss of fields at Burgess, since the footprint of the building will be smaller because it will have a second story.  He noted that the south side parking area will be gone, so there could be fields there as well.  He asked whether there were plans to upgrade Turner’s field.  L. Girouard said that there were.  J. Malloy suggested that they have a comprehensive package and get a good estimate for the entire project before going to Town Meeting to seek $1 ½ million for field improvements.  It was the consensus of the Board to support the project.

Donation of Land

J. Malloy submitted to the Board two offers to donate land to the Town.  The first was from Mary Holland, the Trustee of the Mary Holland Revocable Trust, for land located at 1 Alto Avenue.  He provided two maps to assist the Board in understanding where this property is, since it’s on a paper street off another paper street.  The two maps include one that is a road map showing the entire area (including Alto Avenue), and on that map he inserted an “x” on the abutting properties owned by the Town (10, 20, 22, 24 & 36 Ridge Hill Road).  The second map included an aerial photograph that showed that the existing end of Ridge Hill Road is in between #15 and #16, and that Alto Avenue is in the woods (off the northerly edge of the aerial photo map).  J. Malloy said that there was no need for the Board to take immediate action.  H. White said that there would be no harm in accepting it, and felt that it would be a good idea to string the parcels together for a contiguous property.

The second was a 13 acre parcel from Walter Regep for property off Regep Lane (off Route 131/Farquhar Road) and the offer has been forwarded to the Conservation Commission for review.  The ConCom has reviewed this before and J. Malloy had asked for them to review it and confirm whether they believe the Town should accept the property.  He also included a map of this property from the Town’s online GIS; however, he noted that the property has been re-subdivided and is 13± acres (not the 23± acres shown on the map).

For acceptance of the lands, Mass. General Law requires that the first would need to be accepted by Town Meeting, but the second could be accepted by vote of the Conservation Commission (as conservation land) with the approval of the Board of Selectmen.  The first will be up to the Selectmen to determine what action they wish to take.  On the second parcel, J. Malloy will update the Board with the Conservation Commission’s recommendation when it’s received.

License Agreement with Federated Church

Last year the Board approved signing a license agreement with the Federated Church to allow cross uses of the parking lot (owned by the Church, used by the Town) in exchange for locating a sign on Town Common land (church sign on town property).  There have been some very minor changes to the original agreement that was already approved by the Board.

In summary, the changes are:

• In the agreement from the Church to the Town:

o Added the word “existing” in the first line under Use Purpose and Term before the word parking lot.

o Added a mailing address for the Church for notice.

• In the agreement from the Town to the Church:

o Added that they “entry” would include the right to install electric utility service to externally light their sign.

o Changes the wording on adding any additional structures or objects to include the town’s consent could not be unreasonably withheld.

o Added verbiage to include negligence or willful misconduct on the limit of liability of the Church for use of the Town’s property.

J. Malloy submitted the “marked up” version of the agreements for the Board’s review.

MOTION:       To approve the license agreement allowing the Church to use Town property for their sign and the license agreement accepting the conditions of use of the parking lot owned by the Church; and further to authorize the Board of Selectmen to execute both license agreements, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

Common Victualler’s License

J. Malloy submitted to the Board a Common Victualler’s application for BT’s Smokehouse to be located at 367 Main Street (former Bagel Store and Wag’s Hot Dogs).

MOTION:      To approve the Common Victualler’s Application for BT’s Smokehouse to be located at 367 Main Street as per the attached application, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

Grandma’s Old Stuff Antique License

J. Malloy submitted to the Board an October 14, 2008 letter that was sent to Gerald Paquin dba “Grandmas Old Stuff” regarding the illegal signs and the antique permit.  He noted that correcting the illegal signs was a condition of the permit approved by the Board of Selectmen.  He said that there were signs remaining at the property the last time that he visited the site.  He suggested that the Board hold action on the matter, as they had come in on November 3rd to get a permit from Design Review.  He said that they had made modifications to the Blackington Building without a permit.  A structural engineer submitted a report on the building to the owner and corrective action has been taken.

Hitchcock Dock Issue

J. Malloy submitted to the Board the email that the Board had discussed at the last meeting regarding Town Counsel’s comments relative to dock enforcement. He said that the Town has had a relatively low level of dock enforcement, taking action only when there are issues or applications for new docks come forward.  The Board has had discussions in the past about upgrading dock enforcement on the Great Ponds in Sturbridge, but staffing is the issue that has resulted in the Town maintaining the lesser enforcement role.  He said that if the Board wanted to have the Town take up greater enforcement as per Town Counsel’s email, the following would need to be undertaken:

• An inventory of all docks would need to be taken (Big Alum Lake, Cedar Lake,  Leadmine Lake, South Pond and Walker Pond).

• A review of MADEP records would need to be undertaken to determine which of these docks have MADEP permits (permanent dock permits).

• A review of Town records to determine which docks have Town permits (temporary one-year permits).

• Contact with all property owners that did not have permanent MADEP dock permits would need to be undertaken to determine whether the property owner has a permit for the dock.

• A part-time staff person (harbormaster?) would need to be employed and a fee structure to support their effort would need to be created for dock permits (the Town does not currently charge for a dock permit).

Although we have had a low level of dock enforcement, the Town has had very few issues over the years, mostly due to Lake Associations self policing and the efforts of the Conservation Commission.  J. Malloy submitted to the Board the CMRs referenced in Town Counsel’s email for the Board’s review.  He said that after discussion if there are more questions or if the Board wishes to increase the Town’s efforts in this area, his recommendation is that he develop a budget for this effort to be included in the FY10 budget process.

J. Malloy said that there are about 500 docks in Town and it would be a big project.  He noted that it would be necessary to change the Harbormaster regulations.  He said that DEP refers applicants to the Town for dock permits.  He said that the Police Department has a jet ski, and it would not be difficult to create a position for another staff person.

H. White noted that according to Town Counsel’s email, the Board has jurisdiction over temporary moorings, floats or rafts held by bottom anchor and associated ramps.  The Board has no jurisdiction over docks secured to land, which are considered to be structures, and are regulated only by DEP unless the Town acquires that authority by applying to the state.  Town Counsel indicated that regarding the Hitchcock situation, unless that dock qualifies as a temporary float, mooring or raft, further enforcement should be referred to DEP.

S. Halterman said that the Board does not have jurisdiction over the Hitchcock dock and suggested it be referred to DEP.  S. Garieri said that DEP could assign the authority to the Board.  J. Malloy said that DEP refers dock issues to the Board, so the Board may already have the authority.  S. Garieri suggested getting it in writing from DEP.  H. White noted that the Board’s authority in this issue has been challenged and the Board still does not have an answer.  J. Malloy said that he would contact DEP.

Miscellaneous

• Several weeks ago the Board had discussed a Flow Allocation Bylaw for consideration at next year’s Annual Town Meeting.  J. Malloy asked that the Board schedule time in the next few weeks to discuss any concerns or changes to the last proposals to be prepared to go forward in January.

• Chief Ford provided J. Malloy with a proposed Sex Offender Residency Bylaw proposal to consider and asked that the Board review the proposal for discussion purposes the next time the Chief reports to the Board.

• Public Hearings – Do you or do you not need to take a vote to open a public hearing?  This has been a question for a few months and J. Malloy spoke to Town Counsel about this matter, and submitted to the Board an email from Joel Bard at Kopelman & Paige regarding this question.  In summary, Town Counsel has opined that it is not necessary, that many public hearings are opened by the Chair opening the public hearing and the reading of the public hearing notice.  J. Malloy’s suggestion to clarify this issue is for the Board to adopt one of the two policies suggested below:

Option A: That Public Hearings are to be opened by the Chair of the Board to call for the opening of a public hearing, followed by the reading of the public hearing notice by either the Clerk of the Board or Town Administrator and then a vote by the Board to open the public hearing.

Or

Option B: That Public Hearings are to be opened by the Chair of the Board to call for the opening of a public hearing, followed by the reading of the public hearing notice by either the Clerk of the Board or Town Administrator.

It was the consensus of the Board to adopt Option B.

• Hamant Brook Restoration Proposal – J. Malloy submitted to the Board the report on the proposal to remove the dams at the Leadmine Mountain Open Space Area (formerly OSV/Camp Robinson Crusoe property).  He had met with Todd Richards from the Dept of Fisheries and Wildlife and Erin Jacque, Sturbridge Conservation Agent.  He suggested that as a follow-up to the December planned worksession on the “master plan” for the Town’s open space that the January worksession be on the dam removal proposal.

• Medicare question on Ambulance Billing – J. Malloy submitted to the Board a memo from the Finance Director on the Medicare billing.  The correct information is that the Town can only bill 20% of the “Medicare Allowable Amount”; therefore, it doesn’t matter what the Town bills for non-Medicare ambulance customers, since the amount that would be billed to Medicare customers will be the same regardless.

• Private Snow Plow Contractor’s comparison FY08 vs. FY09 – As per the Board’s request at the last meeting, J. Malloy submitted to the Board a comparison between the costs per hour for FY08 (shown as the 2007 bid) and FY09.

• Foreclosures – J. Malloy submitted to the Board an email from Barbara Barry regarding the costs of dealing with foreclosures so that the Board is aware of this issue and that we are seeking a reserve fund transfer to cover the additional cost this year.

• Underground Utilities – J. Malloy submitted to the Board a before/after photo of what Main Street would look like with the utilities buried underground.  The photo did not include “period style lighting” that would otherwise be recommended.  He thanked the Tantasqua Town Common for their assistance in this photoshopping of Main Street.  S. Halterman asked for a ballpark figure on the cost.  J. Malloy said that it would cost approximately $1 ½ million per mile, for four miles, and added that it would probably require a special act of the legislature.

• In another area regarding utilities – J. Malloy has had three meetings with OFS Fitel and National Grid regarding the potential interest from National Grid in installing a natural gas main line on Route 131 and Route 20 to service the business district in Town.  He considered this as a potential economic development tool and a benefit to many (if not all) of the businesses in these areas.  There are steps that are necessary to go through (state and local) and he made it clear the timeline for Route 131 reconstruction.  They are moving forward with the next steps internally for the utility to move forward, and they will be approaching the Town in the near future.  J. Malloy indicated that he thought it was time to bring this matter to the Board for its initial reaction, since the Board will have final approval.

J. Malloy said that there is a 4 inch main in Southbridge that Sturbridge could tie into, or the Tennessee natural gas pipeline.  He noted that the Town owns some land along the pipeline, and he will find out where it is.  The Board had a positive reaction to the idea.

Correspondence

H. White noted that James Wettlaufer, Chairman of the Board of Selectmen of Holland, asked that the Board write a letter to Governor Patrick urging him to reconsider the diversion of the $48,000 Thames River Valley flood control payment.  J. Malloy suggested sending an email to J. Wettlaufer indicating that the Board would be willing to join together with him and take it to the next level if we don’t get satisfaction.  It was the consensus of the Board to do that.

S. Halterman volunteered to attend the Tantasqua teacher contract meeting on the 18th in Holland.

H. White noted the letter from Barbara Barry, Finance Director that Deborah Morse has earned the designation of Certified Massachusetts Municipal Assistant Collector, and suggested the Board send her a congratulatory letter.  It was the consensus of the Board to do that.

Old Business

S. Garieri thanked the residents of Sturbridge and businesses of Sturbridge for their help with the success of the REAS Foundation.

M. Blanchard asked whether a memo had been sent to the Board of Health and Building Inspector regarding Marie Doldoorian’s concerns about Hyland Orchard.  J. Malloy said that she had met with them.

M. Blanchard asked about the status of the banners for Route 20.  J. Malloy said that that mounting brackets arrived two weeks after the banners, and Greg Morse, DPW Director, noticed that a crimping tool is needed that was not included with the brackets.  J. Malloy notified Downtown Decorations and they provided the tool free of charge.  He said that a local sign company picked up a banner to try installing it by bucket truck in order to provide the Town with a quote.

New Business

M. Blanchard reminded everyone to vote on November 4th at Burgess Elementary School from 7:00 a.m. to 8:00 p.m.

Ask the Selectmen

S. Halterman said that there were no calls.

MOTION:       To convene in executive session under MGL Chapter 39, §23B, Paragraph #2:  To consider the discipline or dismissal of, or to hear complaints or charges brought against a public officer, employee, staff member or individual; to reconvene in open session, by S. Garieri.

2nd:     H. White

Roll call vote:  All in favor.

The Board convened in executive session at 8:30 p.m.

The Board reconvened in open session at 8:45 p.m.

MOTION:       To appoint the Town Administrator as the Interim Zoning Enforcement Officer until such time that a permanent Zoning Enforcement Officer has been appointed, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

H. White suggested the Board consider the possibility of sharing the position with the surrounding towns.  J. Malloy said that he contacted Southbridge and Charlton regarding the idea of having one Building Inspector covering three towns.  He will show them a proposal, and will put together an advertisement in the meantime.  M. Blanchard said that there would need to be a charter change.

MOTION:       To adjourn, by M. Blanchard.

2nd:     H. White

Vote:  All in favor.

The meeting was adjourned at 8:50 p.m.

Respectfully submitted,

Judy Knowles

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BOS Clerk                                         Date