===OCR macOS Vision===
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Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Damon McQuaid,
Clerk; Phyllis Luck, Member; Katey Adams, Member
Also Present: Heather Lemieux, Town Manager; Adam Costa, Town Counsel, Land Use Director
Adam Burney
The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Toale stated in accordance with the
requirements of Open Meeting Law, the meeting was being recorded and broadcast over the Lunenburg
Public Access channel.
PUBLIC COMMENT:
Ms. Luck reminded all the Stillman Country Fair is this Saturday, September 8th at 991 Lancaster
Avenue. She will be working a town committee volunteer booth along with Jack Rabbitt, Conservation
Commission, and Matt Allison, Agricultural Commission and Planning Board member. They also will
be talking about stormwater management. There will be compost bins, rainwater collection barrels and
kitchen compost buckets for sale.
Hannah Anderson, 780 West Street, related that her daughter had "gone missing" while at school on the
first day of school for a brief time. It was later determined that her daughter was put on the school bus
instead of being held to be picked up by her. She was upset at the lack of communication and protocol
for when something like this happens. She did not want this to happen again to someone else. She would
be going to the School Committee meeting to discuss as well. Ms. Lemieux will follow up with the
Police Chief on radio frequencies needed for communication in Town.
Rhonda Lisio, 181 Reservoir Road, commented on the Zoning Board of Appeals hearing concerning
conveyance of land at Gilchrist Street. She wished she knew at Town Meeting what she knows now
because her vote would have been different.
Cathy Mosca, 2 Valley Road, stated she did not believe the Gilchrist Street land conveyance was in the
best interest of the town residents.
Evagrio Mosca, 2 Valley Road, expressed concerns about the land conveyance, citing distrust in
Executive Sessions and traffic safety issues due to increased housing on the street.
Jane Gallagher, 9 Valley Road, is a direct abutter to the Gilchrist property. She did not see what the
benefit was of having two easements run parallel to essentially the same place. She asked the Board to
et in the best ter i christ own , asked or lan fonside everyt has they ared since the ely inge
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Planning Board meeting to this decision today. Is what the builder/developer proposed to the abutters the
same thing that was agreed on in Executive Session?
Mr. Toale announced the Board will be discusing this property later tonight. The Conservation
Commission has posted a meeting and they may participate in the discussion. Hopefully we will clear up
some of the misconceptions around what Executive Session is and what impact if any, it has on open
government as well as what is the difference between the Planning Board and Zoning Board of Appeals.
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Stay Connected?" brings you right to Facebook links to many Town departments. It allows you to sign
up for online notifications and to subscribe to the Town YouTube channel, which has all the meetings
that are recorded by the Public Access Cable Committee (PACC). We also have an email alerting
function, which is at the bottom of the page. You can create your own account to choose various
notification options for items such as minutes and agendas, news and announcements, job postings,
requests for proposals or anytime new content is placed on the website.
Ms. Luck asked how content is added and how often the calendar is updated. Malandrinos stated
individual departments can update their webpage content and the new calendar is much improved over
the previous one. The Board thanked him. Ms. Lemieux stated they would continue to improve on the
website. She would like to survey residents on what kind of methods people want to use to
communicate.
2. Update from the Land Use Director on the status of the MS4 Phase Il Permit
Ms. Luck gave a brief description of storm water management enacted by the Environmental Protection
Agency (EPA). Municipalities must file a MS4 Phase II permit, a general permit for storm water
discharges from small municipal separate storm sewer systems, to request permission to discharge under
the National Pollutant Discharge Elimination System (NDES). We are in the second phase of the
permit and we need to file a Notice of Intent (NOI) on how we are going to manage storm water over the
next 5 - 10 years.
Land Use Director Adam Burney stated we are currently in year one, month three, of the 2018 MS4
Phase II permit issued by the EPA. The EPA essentially gives the Town a series of storm water
management goals but they don't advise how to achieve them. The current permit is issued in a ten-year
time frame and the NOI tells the EPA how we are going to meet the storm water management plan
goals. A comprehensive storm water management plan will help determine the cost of doing so. The
NOI lists the tasks and who is going to implement them. Our first annual report will be due on
September 29, 2019.
Ms. Luck stated some education outreach associated with the NOI will be done this weekend at the
Stillman Country Fair. We will have an enviroscape showing pollution runoff. Mr. Ebersole asked if
there is any movement to have the state take over the permitting process. Mr. Burney stated yes there is;
the MA Dept. of Environmental Protection has been in discussion with the EPA through the writing of
this permit. They were a cosigner of the issuance of the permit. By signing on to it they have taken some
of the responsibility of it. There is a push to do it, but there is a need for significant staff increase as well
as budgeting and specialization. He believed Massachusetts will take over the permitting.
Mr. Ebersole wondered if there would be additional funding from the state because there's not going to
be any from the federal government. Mr. Burney did not think so.
Mr. Ebersole recommended the management plan costs be incorporated into the capital plan budget in
case opportunities for funding any shovel ready projects arise. Mi. Burney stated that would part of the
storm water management plan; which says here is what we are doing and what it costs. He noted the
next time to check in with this Board will be around early January 2019.
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wir vllt seul tour alan wally ce ser das welt vorsils viele
Nashoba Associated Board of Health and the food trucks are permitted
Vote: All in Favor
RESIGNATIONS
Resignation of Building Commissioner Garry Rhodes effective September 13, 2018
Mr. Toale read Mr. Rhodes resignation letter aloud. Ms. Lemieux thanked Mr. Rhodes for his assistance
to the Town when we could not find a Building Commissioner. He has been an asset while he was here
as well as a mentor for our local Building Inspector. She noted the Town is posting the position
internally. Ms. Luck noted how professional and knowledgeable Mr. Rhodes was. The Board took no
action as Town Manager appoints to this position.
Resignation of Truck Driver/Operator/Laborer Mike Roberts
Mr. Toale noted this was for the Board's information only.
TOWN MANAGER REPORT
Update on the Summer Street Road Reconstruction Project:
The contractor has added a second drainage crew this morning. They are progressing with drainage
through the Lunenburg section of the project and the drainage in Fitchburg is complete. They are hoping
to be able to reclaim the project from the Fitchburg end of the project to the Baker Brook Bridge this
fall. This is dependent on getting approval of the mix design from MassDOT and the reclaiming
subcontractor's schedule.
Groundbreaking Ceremony for the Summer Street Road Reconstruction Project:
The groundbreaking ceremony for the Summer Street Road Reconstruction Project will be Wednesday,
September 12th at 3 p.m. and will be at Kelly Auto, 40 Summer Street, in Lunenburg, which is across
from Donnelly's Pub.
MA Department of Environmental Protection Recycling Dividends Program Award:
The Town applies for and has received every year a grant under MA DEP's Recycling Dividends
Program and this year was awarded $7,200. The Recycling Dividends Program provides payments to
towns that have implemented specific programs and policies proven to maximize reuse, recycling and
waste reduction. I want to thank our Executive Assistant Elaine Peterson and Tessa David of MassToss
Cooperative for working together to apply for this grant and for the DPW for administering the purchase
and resale of the rain barrels, compost bins, and kitchen compost buckets that are sold at the DPW as
part of this program. (Rain barrels can be purchased for $56, compost bins for $43, or together they can
be purchased for $80, and the kitchen compost buckets are $5.)
Conceptual Design for Municipal Offices at the TC Passios:
Paul Lieneck of Haynes, Lieneck & Smith will be presenting the initial conceptual design for municipal
offices at the TC Passios at the September 11th Selectmen's meeting, prior to the Town Facilities
Workshop portion of that meeting.
Netflix Scouting for Houses in Area Towns:
I was contacted and met with an Assistant Location Manager from Netflix that he is in town currently
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Transportation (MassDOT). The next step is to work on a project or projects to submit to MassDOT for
up to $400,000 in construction project costs. This will be a future agenda item.
Update from the Lunenburg Water District:
The Lunenburg Water District Superintendent notified me that they are discussing with the Town of
Lancaster the possibility of extending Lunenburg Water into Lancaster. They are looking into signing an
intermunicipal agreement that would cover all aspects of this project. The Water Commissioners would
like to involve the Selectmen in the process and have invited the Board to have a workshop meeting at
one of their upcoming meetings to cover any concerns the Board may have. The Water Commissioners
meet the second and fourth Wednesdays of the month. The Water District Superintendent also notified
me that the Commissioners have a special meeting tomorrow night to appropriate money to build our
new garage/office. This project will be funded using USDA money, which requires the funding for the
entire estimated costs to be allocated prior to going to bid. The engineer put numbers in that are
extremely high to make sure we had enough. They are not intending to raise water rates to pay for this
project but will use the revenues they receive from the four cellular companies with their equipment on
their water tanks and funds available when current loans will be paid off in the immediate future so as to
pay for the project out of the current operating budget. If the Board has any questions on this project, our
office will forward those along to the Superintendent.
Department Head Updates:
At our monthly department head meeting on August 28th we had two guest speakers, our Risk
Management Representative from our insurance company and Pam MacLeod from the Executive Office
of Elder Affairs. Our Risk Management Representative spoke about the MIlA's Risk Management Grant
Program that covers safety training costs, safety equipment, and property loss items up to a grant award
of $10,000. Chief Marino has submitted an application for $8,900 for Emergency Vehicle Operation
Computer (EVOC) training for officers and I am looking to see what other items we need in order to
request up to the $10,000. Our Risk Manager will be coming out at the end of the month to do a walk-
through of two of our buildings for an audit from a risk management perspective and will identify items
we should address. Also, due to the new OSHA requirements for cities/towns we asked to host an
OSHA training for key staff and that will be held on November 1st
COA Director Sue Doherty coordinated the special guest speaker from the Executive Office of Elder
Affairs to come speak about becoming an Age Friendly/Dementia Friendly Community. The next step is
to form a working group that consists of appropriate public officials, community groups, health
organizations, and business association. Sue will be coming to the Board to discuss this in further detail
at a future meeting to ask for the Board's support.
Here are some highlights from the departmental update portion of our meeting:
Cable: The cable department has completed rearranging their studio to make better use of the space,
ordered some new equipment that was needed, and hired two new part-time videographers in June and
another two will be starting shortly. An audio unit that was not working in the Town Hall meeting room
has been replaced recently. They are working on a botany series and town public relation series
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Police: The Chief provided a handout on new legislation for Extreme Risk Protection Orders that allows
a petition to be filed by a family, household member or Police Department where the respondent lives
that would allow a judge to issue an order that suspends a person's license to possess or carry a gun if
that person poses a risk of causing bodily injury to themselves or others. The Police Department is
working on their accreditation and have recently purchased the ATV, two cruisers, and patrol boat that
were part of the FY19 capital plan.
Land Use Director: The Land Use Director reported that the Planning Board decided to ask for an
extension of the moratorium on recreational marijuana at the Special Town Meeting and will be
advertising a schedule of workshops that will discuss all the various recreational marijuana permitting.
The Settler's Solar Special Permit hearing has been continued until September 10th due to some
additional requirements that were not part of the original application.
Library: The Library Summer Reading program and Project Bread are now complete and were both
successful.
Fire: The Fire Department advertised for the two new positions in June but due to the pay range did not
have qualified Paramedics apply, so promoted two internal candidates to Full-Time Firefighter/EMT's.
One of the new hires is currently enrolled in Paramedic training at Mount Wachusett Community
College and will complete the program in early FY2020. The Fire Chief has ordered the Ladder Truck
off the State Bid Vendor and it is expected to be complete by the end of the fiscal year or very beginning
of the next fiscal year.
Meetings and other announcements:
• Personnel Committee Meeting: I will be attending the Personnel Committee
meeting on Monday, September 10th
• Finance Committee Meeting: I will be attending the Finance Committee meeting
on Thursday, September 13th
Ms. Luck asked if the extension for the marijuana moratorium is voted down at the Special Town
Meeting, what will happen? Mr. Burney stated if it is voted down, then marijuana businesses would be
permitted under the most closely associated permitted use that we currently have in our zoning bylaws.
The moratorium does not outright prohibit it in the long term. The Planning Board would like to take a
bifurcated approach where they offer the community an opportunity to vote on prohibition while
presenting thoughtful and reasonable regulations for some or all of the proposed marijuana businesses.
In order to do the ballot vote, it needs to be on a local ballot; the Town is unable to do that without
holding a special election. The Planning Board felt that it would be inappropriate to try to hold a special
election for five or six ballot questions. They would use the extension to solicit local feedback on
marijuana regulations and would not incur additional costs or confusion holding a special election. The
current moratorium ends December 1st. Mr. Ebersole asked if the moratorium was voted down, could it
be treated similar to a retail alcohol licensed store, as far as location? Mr. Burney stated it was up for
interpretation.
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NIMALAVA
c. Increase Alignment with Committees Appointed by the Board of Selectmen
2. Montachusett Regional Transit Authority (MART) Contract
Ms. Lemieux stated this was drafted by MART based on feedback from all the towns in the consortium.
It was reviewed by legal counsel and the COA Director. One major component was reimbursement for
dispatching for the MART van services. We are satisfied with the final result and she recommended the
Board sign the contract. Mr. Ebersole noted the contract covers the expenses for the vehicle and the
driver as well as some indirect costs.
Motion: R. Ebersole
2nd: D. MeQuaid
To approve the contract with MART and authorize the Chairman to sign it
Vote: All in Favor
3. Special Town Meeting: Opening and Closing of the Warrant Dates
Ms. Lemieux noted the Board did vote on the Special Town Meeting date and calendar but she wanted
to remind the public of the opening and closing dates for submission of the warrant articles. Mr. Toale
read the following aloud:
Tuesday
09/18/18
09/24/18
09/28/18
Tuesday
Tuesday
10/09/18
10/10/18
10/11/18
10/16/18
BOS opens Warrant for STM
Warrant Notice Sent to Ledger
Warrant Notice in Local paper (5 business days before
warrant closes)
Warrant closed for STM at 6:00 PM
Legal counsel review
Finance Committee Review
BOS Final votes on Warrant Articles & Signs 5 Warrants
for Posting
Wednesday
10/17/18
Monday
Wednesday
10/29/18
10/31/18
Final Warrant goes to printer (2 weeks in advance of
mailing)
Warrant to Post Office
Warrant Mailed to Residents (14 days before STM)
Prepare Motion Sheet- Town Counsel to review Motions
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4. Discussion about Shady Point Campground relative to concerns raised about boat safety, noise,
and compliance with ZBA Special Permit
Mr. Burney reported the last time we discussed this, the Building Inspector and my department were in
the process of continuing our investigation of a 2001 Special Permit that was granted by the Zoning
Board of Appeals (ZBA) with several conditions including campsite and boat limits and occupancy.
During the investigation and discussions with the campsite owner, it has come to our attention that the
Special Permit was never recorded at the Registry of Deeds. Therefore the owners are not subject to the
conditions of the Special Permit. They continue to operate as a pre-existing, non-conforming use. From
an enforcement perspective through zoning, there is very little to be done. They are exempt from all the
zoning bylaws going back to the inception of zoning since they predate it. Zoning is not a retroactive
application. There may be some ability to enforce the boat safety concerns through the Police
Department. Mr. Toale asked if a general bylaw such as a noise ordinance was enacted now, would they
be subject to it? Mr. Burney stated yes.
CURRENT BUSINESS
1. Conveyance of 161 Gilchrest Street and acquisition of property at 171 Gilchrest Street (2018
ATM, Article 22); vote and sign declaration that acquisition of property is unique acquisition
under MGL Chapter 30B and sign DCAMM Disclosure of Beneficial Interest Form
Mr. Toale announced there was a quorum of the Conservation Commission present and asked if they
would like to call their meeting to order. Conservation Commission Chairman Richard Bursch called
their meeting to order. Mr. Toale stated there was a May 2018 Annual Town Meeting article (#22)
passed that authorized the Board of Selectmen to convey the property located at 161 Gilchrist Street, and
to acquire, other property located at 171 Gilchrist Street for the purpose of conservation land and in
order to gain meaningful access to the Lane Conservation Property. This has led to a process of events
that include unique acquisition under MGL Chapter 30B and Division of Capital Asset Management and
Maintenance (DCAMM) disclosures if beneficial interest that would eventuallly lead to a purchase and
sale agreement. During that process, the Board entered Executive Session for the purpose of discussing
our negotiating strategy prior to those two events. It was deemed necessary by myself and voted by the
Board that it was to protect our negotiating position and as a result we did do that. We instructed Town
counsel to negotiate given some parameters. Those minutes will be released once we approve them.
Lunenburg's Town counsel discussed those items with the landowner's attorney and came to an
agreement on the terms. Now we are moving forward in the process in open meeting. Tonight we are
going to talk about the next steps.
Mr. Ebersole wanted to correct an earlier comment made by a resident about a Planning Board meeting,
stating it actually was the Zoning Board of Appeals who did not approve a particular application
submitted by the property owner/developer. Once that was over, what came before the Board of
Selectmen was a different plan. One of the things we discussed in Executive Session was our negotiating
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Mr. McQuaid disagreed with everything Ms. Adams just said. He believed Mr. Ebersole did a good job
explaining why we negotiated in Executive Session (to protect our negotiating stance). We did not make
any decisions; it was all negotiations strategy based on the Town meeting article that was approved by
the Town; that gave us direction how we would negotiate and how we wanted to deal with the land
swap. It was not a discussion on whether we want to do it or not. You could not have more eyes on this
than you did at Annual Town meeting, and we are acting on the direction we are given. We are going on
the endorsement of the Conservation Commission, who happen to be good stewards of our conservation
land.
Mr. Ebersole stated one of the things that we can actually talk about is why I supported going into
Executive Session because I was talking about negotiating. I did not know what we were going to
negotiate until we got into the meeting, other than what was given to us (pros and cons) during public
comment in the open session. So the current access which is going to be deeded away is being replaced
by an easement. But in addition to that we are receiving 2.3 acres of land in fee that comes to the Town
adjacent to the Lane Property. In addition, roughly 5 acres will be under permanent conservation
easement restriction where there is a trail currently going through that. I believe we are getting a good
deal after going through the negotiation process and we are not just swapping one land for another. He
believed they followed the requirements of the Open Meeting Law and when we went into the
negotitaion process that he believed they accepted, we got a good deal. More discussion ensued about
the land conveyance and the size of the lands being exchanged. Ms. Luck asked for clarification of the
exchanged land. Mr. Ebersole stated about 30,000 square feet of Town land for 2.3 acres and additional
land going into conservation restriction totalling about 5 acres.
Mr. Toale stated while he appreciated Ms. Adams' opinion, we did have Town Counsel with us the night
we went into Executive Session and he provided a legal opinion that to vote to enter Executive Session
was appropriate. Mr. Toale noted the original proposal made to the Town through Article 22 was
sponsored by the Conservation Commission. They unanimously support the current position and they
have sent a letter of support and they are here this evening.
Conservation Chair Richard Bursch stated they reviewed the proposal that is before us as well as the
previous one. If we do nothing there is currently a plan that will allow for five new homes that can be
built within the current zoning by-laws, one or several new landowners will own the current trail and
access to the Lane Property and the access to the Lane Property will be in jeopardy. Should the trail be
closed, a new trail would need to be developed along the currently owned 20-foot strip of town land as
there is no access today. This new trail would require clearing and land work to cross the current
wetland system.
If nothing is done, the new owners can convert this property and clear it for agricultural uses. This
activity would be exempt from Conservation Commission approval. Under the Massachusetts Zoning
Enabling Act of 2010, only 2 acres are required for agricultural exemptions. The seven acres, Mulpus
Brook and the wetland system draining into the brook would be vulnerable to new development.
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by the general public. The use of this access and trail would be for pedestrian or bicycle traffic only.
Without a parking area, the use of this trail by ATVs and snowmobiles is generally done without
permission and by local residents. The Conservation Commission is working with the Lunenburg Police
Department to patrol the lands to stop this non-permitted use of the trails. The trail will be marked, "No
motorized vehicles allowed." The easements will be exclusive use easements to the Town and the land
would have a conservation restriction placed upon it that the Town would hold. The conservation
restriction is permanent and cannot be easily removed.
Another issue we discussed is the uniqueness of the land. A twenty-foot strip of land does not protect the
Mulpus Brook, wetlands or wildlife. Brook trout in the Mulpus have a unique DNA code, they are not
found anywhere else on earth. This is a well-used piece of property. We put out a counter out there on
the property line of the Lane Property and in 19 days there were 123 separate groups that passed by it.
Mr. Toale asked Chair Bursch if it was true the Conservation Commission supports the land
conveyance? Bursch confirmed the vote in favor was 7- 0, unanimous.
Ms. Adams stated she hiked the area twice and the swamp is not even that deep. She hiked with a large
group and they passed through fairly easy. Neither path is groomed, but could be. The area is right
across the street from The Woodlands and is easy access for those residents. She believed by conveying
the land and adding more 2 more house lots, it would affect the Mulpus more.
Mr. Ebersole stated one of the negotiation points that we directed Town counsel to talk to the landowner
about was that they clear the 15 foot path to the standards of the Conservation Commission so that there
would be public access and they agreed to that.
Mr. McQuaid noted the discussion was rehashing a lot of the conversation that occurred at Town
Meeting when this was approved. He did not want the Board members to override what the 100+ people
who were there decided. He believed the Conservation Commission has the best lens for looking at the
situation.
Mr. Toale stated he agreed with him but because there has been a lot of misinformation on this topic and
because a lot of people came out tonight he was going to allow a few minutes. He asked those speaking
not to cover ground that we have already covered.
Jane Gallagher pointed out the couple of acres that run along the Mulpus are wetlands, so presumably
would not be able to be developed anyways. She had to allow for a 200-foot flood zone when she built
her house so she would imagine that would be the case here. She believed any path could be made
passable.
Peggy Proctor asked about the process of arriving at tonight's agenda item. Mr. Toale stated Town
meeting gave the Board authority to proceed with the conveyance. We entered Executive Session on
August 14th to discuss negotiation strategy. As part of due process, once we have an agreement to look
at, we have some procurement steps to go through, which we will go through later.
Mr. Ebersole clarified the landowner/developer was asking for a change to the bylaw to the ZBA and
they said no. So the developer presented a different plan which is what we have now.
Ken Chenis, 715 Page St., stated his primary concern is giving up owned land that we have the right to
===PAGE 10===
Tom Alonzo, 284 Lancaster Avenue, reviewed the Town Meeting video and everything talked about
here was discussed. Town meeting voted on it unanimously, twice. They authorized the Board to make
decisions. He did want to comment on someone thinking that anyone would be a good steward of the
land because they abut the brook. When he was on the Board, we had an owner who went through their
own wetlands, through the Town's wetlands and conservation land and totally destroyed it. We had to
pay thousands of dollars to repair it, so people aren't necessarily good stewards of their own property.
Getting a deeded conservation restriction certainly has better enforcement capabilities.
Evagrio Mosca expressed disappointment after reading the minutes from a couple of weeks ago, that the
Board did not trust the townspeople to hold this discussion earlier in open session.
Hans Wentrup, 418 New W. Townsend Road, asked what happens if you do nothing. No one is going to
touch the wetlands. He believed it was up to the Board to look at this and ask if this makes sense for the
Town.
Mr. Toale stated in response to Mr. Mosca's comment; I certainly trust the citizens of this town. I work
for the citizens of this town and it troubles me that people don't understand what I am saying. When we
went into Executive Session, it was not to keep anything from our citizens. We were doing it because we
have some negotiation criteria, that is the purpose of Executive Session. The beneficial interest is the
beneficial interest of our negotiation.
Jack Rabbitt, Conservation Commission member, 314 Townsend Harbor Road, shared some of the.
deliberations that went on with regards to our unanimous approval. There is a hydrologic connection
from the other five acres that is feeding the brook and we look at it as maintaining the essence of the
cold water creek. In a similar incident within Hickory Hills, there was a similar property that Hickory
Hills Landowners had agreed to purchase just to protect that hydrologic connection. It was nearly
unanimous out of approximately 200 landowners that showed up at the meeting. At the same time at
Town meeting, the voters unanimously agreed to protect that connection. Protecting that area is
paramount to protecting that extra five acres of land that will continually clean that water and provide a
good strong basin of water delivered to it.
Ms. Lemieux summarized the end result of what was discussed in Executive Session; 2.3 acres that the
Town would acquire, approximately a 5-acre conservation restriction with a twenty-foot permanent
exclusive use easement where the trail exists. The seller did agree to clear that permanent easement
where the trail exists and the permanent easement along Valley Road. Ms. Lemieux clarified this is not a
land swap. It is two separate processes, acquisition and disposition of property as well as two separate
purchase and sales agreements.
For the acquisition portion of 171 Gilchrist Street, the published notice must include termination of
uniqueness and reasons for the determination, the names of the parties with the beneficial interest in the
property, the location and size of the property and the proposed purchase price or rental term. This is per
procurement law. The disclosure would be signed by the seller. She referred the Board to the suggested
wording from Town counsel.
Motion: R. Ebersole
2nd: D. McQuaid
===PAGE 11===
.......
Discussion: Ms. Lemieux noted this is for the acquisition of that portion of land on 171 Gilchrist Street
and it needs to be advertised in the Central Register for 30 days before the Board can sign a purchase
and sale agreement. Further discussion on ownership of the property ensued. Mr. Ebersole stated the
Mr can sign purchase
purchase and sale agreement will have the Town's name and the landowner's name (Scozik). It was
explained this is not the final step; this is advertised in good faith that we will eventually sign the
purchase and sale agreement and deed. Ms. Lemieux added developer Kevin Hill in good faith,
depending on these dates, is planning on filing an ANR (Approval Not Required) with the Planning
Board.
Vote: 4 in favor, 1 against (Adams)
2. Discussion about Project List for State Funded Earmarks
Ms. Luck asked what categories we should be considering. Ms. Lemieux stated the ones that came up
this year were economic development, capital facilities and environmental. Ms. Luck would like to see
shade provided for beachgoers at the Town beach. Mi. Ebersole thought that might fall under
recreational. Mr. Ebersole stated some of these things would be in the capital budget process and some
may not be. This is an opportunity to have shovel ready capital items but we also want to have a list of
other creative things that might not make it through the capital planning process. Discussion ensued
about having a wish list for things in case of grant opportunities arising that will probably never make it
through capital planning. This item will be a future workshop.
3. Discussion about holding Selectmen meetings in Public Buildings other than Town Hall
Ms. Adams noted this building only has a chair lift, the bathroom on the second floor is not ADA
compliant and the front entrance is not accessible. We have held workshops at the Middle/High School
and they have collaborative classrooms available. There is also space available in Eagle House Senior
Center and the Public Library. They are ADA compliant buildings. Mr. McQuaid asked Ms. Adams if
she was suggesting moving the Selectmen meetings or all meetings. She encouraged all meetings to be
in an accessible location. Certainly the most attended ones could be looked at first.
Mr. McQuaid noted that this meeting room is set up as a studio. While we have the ability to broadcast
from the school, it is not set up as a studio. We don't have the multiple camera points or the sound
system. PACC would have to haul equipment to each one of those locations. You lose production value
in that and add workload to them. He wanted to make sure this is not a "patch." He wanted a real long-
term solution and to not lose sight of the real goal, which is a permanent accessible Town Hall that is a
meeting space, but also office space where people can go to everyone they need to see.
Mr. Toale stated public access includes all municipal functions, not just meetings. We have to think
about people who are coming for permits, licenses, etc. We do have a plan and it is to pursue a move of
municipal offices to the T.C. Passios. We are going to hear a conceptual design at next week's
workshop. He preferred to keep a high priority on that plan. We could phase that plan in if we agree to
and in the first phase ensure that PACC and meeting spaces are in it. The quality of the television
broadcast is also a major consideration for those unable to attend the meeting, like the disabled. If we go
===PAGE 12===
ALava. 11.
Mr. McQuaid pointed out it is not our building to make the decision, it's the school's. Further discussion
ensued.
Ms. Lemieux noted we do have a handicapped-access ramp for this building; it was identified that it
needs one more handrail. The bathrooms on the first floor are ADA compliant. The second floor
bathroom will be renovated because it is in very poor condition. After some more discussion, the Board
took no action.
4. Drainage Easement for Matson Homes, Inc. 63 Prospect Street; vote and sign easement
This item was tabled until the September 18* meeting due to Town counsel wanting to amend some
language. Mr. Ebersole noted it actually is an easement for the Town.
5. Easements for Hickory Hills Lake Association for work to be done at the Hickory Hills Dam;
vote and sign easements
Mr. Toale noted we discussed this at previous meetings and the fact that some of us live in Hickory
Hills, and the potential for conflict of interest. I personally do not have any beneficial interest. Mr.
McQuaid stated he did not either.
John Fortune, 50 Hemlock Drive, representative for Hickory Hills Landowners, Inc., stated we have
worked with Town counsel on the wording and provided all the documentation. Our attorney has
reviewed it.
Mr. Ebersole noted this is what Town meeting approved. You gave a presentation here and at Town
meeting. The easement is to provide access onto Town property so you can access and install the (dam)
overtopping protection on your lake property as well as the Town's and you have the right to install it
and maintain or repair it in the future, at your own cost.
Motion: R. Ebersole
2nd: P. Luck
To sign the grant of casement as submitted
Discussion: Ms. Adams stated she is a property owner in Hickory Hills and she did not believe she has
any beneficial interest.
Vote: All in Favor
6. Minutes/ Warrants/ Action File Issues
There were no minutes for approval. The Board signed an accounts payable warrant in the amount of
$382,552.40; a payroll warrant in the amount of $757,462.80 and a deductions warrant in the amount of
$582,961.95
Action Items: Ms. Luck requested Town Counsel review the Skate Park Committee's in-kind
services/donation contracts. The Board concurred.
Mr. Toale stated he was elected as the MPO subregion 3 representative and needs to list a designee. If it
pleases the Board, he wanted to list either Ms. Lemieux or the DPW Director to be the designee. The
Board concurred.
===PAGE 13===
PUBLIC COMMENT: There was none at this time.
Motion: R.Ebersole
To adjourn the meeting
2nd: D.McQuaid
Vote: All in Favor
The meeting adjourned at 10:09 p.m.
Respectfully submitted,
Elaine M. Petason
Elaine M. Peterson
Executive Assistant to the Town Manager