November 1, 2005
The regular meeting of the Board of Selectmen was held at 6:30 P.M. in the Sharon Town Offices with Chair David I. Grasfield and Selectmen William A. Heitin and Walter Joe Roach and Benjamin E. Puritz, Town Administrator.
The meeting was called to order at 6:35 P.M.
Notes from the Chair
Chair Grasfield expressed his appreciation for those that participated and sponsored the Sharon Halloween Parade and the Mardi Gras Night at Saphire Manor where $11,000 was raised for the Red Cross.
Avalon Bay LIP Development - Continued Public Hearing
The Board opened the continued Public Hearing from October 11, 2005. Scott Dale and Attorney Steve Schwartz were present on behalf of Avalon Bay. John Davis and David Lederer were present on behalf of the Citizen’s Advisory Group. Greg Goodband , the property owner, Paul Lauenstein, WMAC, and Eric Hooper, Superintendent of Public Works were also present. Approximately 20 others were present. Items discussed included:
meetings with officials in the Town of Norwood and Water Management Advisory Committee;
discussions with Goodband family ongoing;
Town willing to move forward with LIP project;
obstacles with hooking up to water through Norwood/MWRA - Scott Dale;
agreement for sewer needs to be ratified by Norwood Selectmen;
Avalon Bay not in support of water hook-up through Norwood/MWRA due to economic impact;
Norwood concerned with potential liability of water service and water service exceeds costs that Avalon prepared to pay for water solution - Chair Grasfield;
concerns with water leaving the recharge area;
recommendations of the WMAC - first choice is obtain water supply from Norwood;
in-ground system/flows out of Sharon - Mr. Dale;
make link with Town of Norwood sewage hook-up and water service - Chair Grasfield;
calculations of amount of waste water - 11,000 gallons per day estimate - Mr. Dale;
design of on-site waste water treatment/Title 5 requirements - Mr. Hooper;
wastewater recharge within the general Neponset River basin;
location of leaching field for on-site system;
concerns re leaching field - abutters;
on-site septic/Sharon water service - worst of both worlds - Mr. Davis;
liability issues/emergency hook-up for water service;
water quality issues - Mr. Dale;
suggestion to create water bank - perhaps different part of Town - Mr. Lauenstein;
questions re permitting and regulatory process re MWRA & DEP;
conditions on permits/conditions on Zoning Board decision;
look at wastewater treatment plant at MacIntosh Farms - Ms. Bingham, Board of Health;
abutters prefer sewer hook-up with Norwood - Mr. Lederer;
wetland concerns - Mr. Lederer;
engineering oversight by DEP - Ms. Bingham;
concerns re flooding of basements - Mr. Lederer;
topography concerns/different from Mac Farm - Ms. Nelson, abutter;
Avalon Bay looking for support of Board/go before DHCD;
Avalon Bay has not responded to neighborhood concerns - Ms. Nelson;
Abutters waiting for information re testing logs and data for on-site wastewater treatment - Ms. Nelson;
application process/endorsement questions;
timeline for decision;
leave items open - go through ZBA process;
need to share documents with abutters - Mr. Davis;
concerns that people will not know what to do with documents - Mr. Dale;
abutters entitled to information requested;
Avalon Bay reluctant to give data to abutters;
question of relevance of abutters request - Mr. Dale;
concern with the hiring of experts coming up with different plans;
new regulations re washing machines, toilets - Paul Lauenstein; and
would like to get requested information to abutters before making endorsement - Selectman Heitin.
VOTED: (Heitin/Roach) Voted unanimously to delay the endorsement for the Avalon Bay Project for two weeks.
The Board has continued the public hearing until 6:30 P.M. on November 15, 2005.
Recess
VOTED: (Heitin/Roach) Voted unanimously to take a five-minute recess.
The Board recessed at 7:55 P.M.
The Board reconvened at 8:05 P.M.
Cellular Plan - Sideband - Preliminary Consultant’s Report
Mr. Ivan Pagacik of Sideband presented a preliminary report on Cellular on the existing and potential antenna sites for cellular and PCS systems. The following sites were included in the assessment:
149 East Street (Golf Course)
395 Old Post Road (Utility Transmission Tower)
600 South Main St. (Utility Transmission Tower)
Baptist Church
First Congregational Church
DPW Site
Wilber School (Old High School)
Massapoag Water Tank
Upland Drive Water Tank
Items discussed included:
due to mergers, we are down to four carriers of wireless service;
current sites do not provide full coverage;
available terrain and topography;
maps showing improvement in coverage by using potential sites;
next step to interface with carriers/be proactive;
stay consistent with bylaws;
look at timeframe;
will be working with Town Administrator; and
look again at Audubon property site and lease.
Community Center Septic System and Recycling Issues - Board of Health
Anne Bingham, Chair of the Board of Health, was present to discuss the Community Center Septic System Design and she stated that Board of Health reviewed Community Center Septic System designs two weeks ago and that they are all set.
Recycling was discussed:
RFP for trash contract was ready to go out to include recycling, but discussions with School Department personnel explained that this would overwhelm the School Department facilities and personnel;
Marie Cuneo, DPW, preparing grant for work done at Farnham Road; and,
Next step - meeting with School Department, DPW, Board of Health to discuss RFP.
Storm Water Permit - 77 Bullard Street
A public hearing on a Storm Water Permit at the request of Peter O’Cain, Assistant Town Engineer was opened. Mr. Cedron’s attorney Jim Timmons, and engineer Mr. Gallagher was present as well as Mr. Cedrone and a number of abutters. Items discussed included:
background information on Peter Cedrone Lot at 77 Bullard Street by Mr. O’Cain;
Mr. Cedrone was issued a building permit to construct a house at this site;
every tree was cleared from the site that is located on a steep slope;
since the clearing exceeded one acre, the Storm Water Discharges Generated by Construction Activity By-Law had been triggered;
Mr. Cedrone was sent a Violation in July by registered mail, but never picked up or responded to letter;
Mr. Cedrone was issued a Stop Work Order on September 23, 2005;
due to the steep grade of the lot, water pours off the site and carries silt and sediments to abutting properties;
water has damaged abutting driveways, and the Town’s right of way;
stabilization of this site is sought to protect the abutting residents and motorists traveling on Bullard Street;
mitigation measures including infiltration, catch basins, jute matting, and terracing to flatten the site, retaining wall and repairs to abutting lots and Bullard Street;
bond recommendation include $56,750 surety for completion of the lot and $188,496 due on June 30, 2006 if the site is not stabilized;
recap of above for Mr. Gallagher, Mr. Timmons and Mr. Cedrone who missed the presentation by waiting out in the hall;
Mr. Gallagher’s presentation of plans and construction of the site;
option to require funds deposited in account - Mr. O’Cain;
abutter Tim Brennan’s slide show showing stream of water from the site with soils washing down the driveway;
remediation plans;
argument that bond will cause hardship to Mr. Cedrone;
catastrophic rainfall in the fall;
Mr. Cedrone did not know about Certified Letter;
work has stopped for the last 4-5 weeks;
contention that Mr. Cedrone did not violate bylaws when he got the permit;
Mr. Cedrone not developer, only building one home to live in;
needed to cut trees to get equipment to top of site;
plans to plant grass;
Board’s enforcement of the Storm Water Management Plan;
Mr. Cedrone statement that he has a problem with the bond; and,
suggestion that mitigation measures continue to be put into place and perhaps a compromise could be worked out.
The Hearing was declared close at 10:10 P.M.
Open Meeting Law - Appointment with DA’s Office
Chair Grasfield reported that Ms. Pamela Alford, from the DA’s Office had canceled the meeting. He further reported that he had forwarded a specific question to Ms. Alford, hoping to get clarification on the issue, however, the DA’s Office’s process is that they treat specific issues as a complaint and will be involved in “fact-getting” and issuing a decision.
Approve Minutes
This item was deferred until the next meeting.
Action Items
This items was deferred until the next meeting.
Approve Banner Request
VOTED: (Heitin/Roach) Voted unanimously to approve a banner for the Sharon Education Foundation for the dates of November 14 - November 20, 2005 in the Second Position and to waive the banner fee.
Council on Aging (COA) - Kitchen Request
Norma Simons Fitzgerald, COA Director and Steve Lesco, from the Recreation Advisory Committee, were present to discuss the request from the Council on Aging to add a four-burner range with oven to the design for the Council on Aging kitchen in the lower level of the renovated Community Center building. Items discussed included:
kitchen design for COA does not include a regular stove;
space is not an issue/but design only has a “warming kitchen” and the meaning of which was misunderstood by proponents for the senior center;
plans have been in place for years for a senior center with its own kitchen;
increase in seniors coming due to aging boomers;
seniors eat different meals and have different serving needs;
seniors like to cook in small groups as part of socializing;
Fire Chief recommends fire suppression within design;
Mr. Lesco stated that the stove is great in theory, but would add $48,578 to the construction costs with $35,000 for fire suppression;
COA Board and Friends of the COA agree that this would be valuable to the Senior Center;
impact of added costs;
alternatives to raising money through the COA;
Friends of COA willing to help;
grants may be available;
will be discussed with FINCOM and Standing Building Committee seeking direction from Selectmen;
delay in getting design information from the architect re question of “late in the process” and,
COA did not realize there would not be a stove top in “warming kitchen.”
Executive Session
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing items of real property acquisition, collective bargaining, pending litigation and, personnel matter, and at the conclusion thereof to adjourn for the evening.
Heitin, aye; Roach, aye; Grasfield, aye.
The Board adjourned to Executive Session at 10:40 P.M.
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