February 14, 2006
The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon Town Offices with Acting Chair William A. Heitin and Selectman Walter Joe Roach and Benjamin E. Puritz, Town Administrator. Selectman David I Grasfield was not in attendance.
The meeting was called to order at 7:38 P.M.
Notes from the Acting Chair
Acting Chair Heitin announced that there will be an abbreviated agenda this evening as Chair Grasfield is not present.
Public Hearing - Earth Removal Permit - Hunter’s Ridge
Acting Chair Heitin opened the Public Hearing to consider the petition of Hunters Ridge Realty Trust that an Earth Removal Permit be granted relative to Article 12A of the Town of Sharon General By-Laws for the removal of up to 80,400 yards of gravel at 155 & 157 North Main Street as excess material for the Hunter’s Ridge development. Richard A. Gelerman, Town Counsel, was present as well as approximately 18 abutters and interested residents.
Attorney Gelerman discussed the limits of Article 12A of the General Bylaws, described as enabling legislation by the state, and described the Board’s right to regulate items such as dust, noise, traffic, hours of operation, and other issues related to earth removal. He stated that the development is authorized by the approval of a definitive subdivision plan and that the Board of Selectmen may regulate, but not prohibit, that amount of gravel permitted to be removed under its special permitting authority. Selectman Heitin submitted a copy of Article 67 taken from the Minutes of the Adjourned Annual Town Meeting of May 12, 1992 re adoption of a new Article 12A.
Peter O’Cain, Assistant Town Engineer, discussed his Memo, and dated February 13, 2006, re review, calculations and recommendations. Items discussed included:
applicant has agreed not to remove the 18,700 cubic yards of topsoil;
request for elevation change that will reduce the amount of fill needed to be removed by approximately 20,000 cubic yards;
comfortable with the analysis re amount of fill to be removed;
recommendation for police detail; and,
limit hours of operation per school bus schedules.
Mr. Scott Faria of Gallagher Engineering was present to discuss the project and to answer questions. Items discussed included:
plans for an adult retirement committee at this site;
development comes under the Town’s Conservation Subdivision Design Bylaws;
two-year public process through Planning Board to receive Special Permit and Definitive Subdivision Approval, appeal by group of abutters and settlement reached in the past couple of weeks;
plans signed approved by Planning Board last Wednesday night;
reasons for gravel removal include extreme contour changes and roadway elevation - need to conform to town’s subdivision rules and regulations and Planning Board permit;
in agreement with most of the Town’s Engineering Department review;
stockpile the 20,000 cubic ft of topsoil to use for final landscaping;
believes restrictions on hours of operation should be enough/no reason to require Police Detail;
plans for trucks to travel on both North & South Main Street;
it was stated by Town Counsel Gelerman that Board cannot diminish any conditions imposed by Planning Board but may be more stringent on any condition regarding removal; and,
details of Storm Water Management Plan in place.
The hearing was open to general questions and comments that included:
Statement by Paul Lauenstein:
quote from Zoning By-Law, Section 4370 (1) (a) - re “the landscape shall be preserved in its natural state, insofar as practicable....”;
“The intent of the Conservation Subdivision Design is clearly to preserve the topography and tree cover of the land and prevent the kind of wholesale clear cutting and strip mining at Hunter’s Ridge.”;
“If the voters had been told that CSD actually stood for Clear-cut, Strip-mine and Dense Development, I doubt the CSD bylaw would have passed.”;
“Article 12-A of the General Bylaw states that the natural contours of the land shall be preserved wherever feasible, and that approval by the Planning Board does not authorize removal of any material from the site. It seems that the framers of Article 12-A anticipated a situation like Hunter’s Ridge where the Planning Board approved a plan that violates our bylaws, and gave the Selectmen the power to stop it”;
Attorney Gelerman’s statement that the bylaws need to be read consistently with Mass General Laws and that the Selectmen cannot prohibit earth removal as part of a definitive subdivision approval;
concerns with blasting of ledge/Mr. Faria’s statement that they do not anticipate finding any ledge/abutters statement that there is ledge along the back of their lots;
additional permit would be needed to blast ledge/test holes do not show ledge - Peter O’Cain;
water problems with Cheryl Drive and Lantern Lane/questions perk tests done at this site;
problems with the land denuded of trees;
reminder that hearing is about gravel removal not about the Planning Boards approved development- Heitin;
any guarantees that loam will not be removed;
petitioner agrees to reimburse Town for fees and damages;
land left with stumps/eyesore;
landscape plan to begin in the Spring with involvement of Town, Tree Warden, Neighbors, etc.
it was discussed that at the last meeting that the Planning Board was to drive the landscape process.
Neither Planning Board members, Mr. Lauenstein and Mr. Bradley, knew the status of the landscape discussions.
It was also discussed at the last meeting that contact should be made with the Sharon Garden Club to see if they would be interested in assisting in any way.
Neither Planning Board members, Mr. Lauenstein and Mr. Bradley, knew the status of those discussions;
Mr. Mirrione’s landscape plan to work with each and every abutter - P. O’Cain;
stumps that have been left in the ground help to stabilize site - P. O’Cain;
Mr. Faria will tell Mr. Mirrione that he should begin clean-up of site;
Selectman Heitin requested a letter be drafted re clean-up to Mr. Mirrione;
questions asked of Attorney Gelerman re blasting/Mr. Gelerman to research State Laws;
concerns raised by abutters for recourse to damages caused by blasting;
abutters told they would need to take developer to court/Town has no liability to the abutters;
specifics of 2100 truck loads/six trips per day/10-12 weeks/start beginning of April;
reviewed restrictions on hours;
Board will review school bus routes;
measures for dust mitigation/water trucks/hay bales/temporary basins under stormwater permit - P. O’Cain;
questions the intent of Earth Removal Bylaw - P. Pietal;
question if the Town would hold bond/released as items completed/no bond to protect abutters-P. O’Cain; and,
Hearing to be continued/no decision without Chair Grasfield/ and need more research.
VOTED: (Heitin/Roach) Voted unanimously to continue the Hearing to 8:00 P.M., on February 28, 2006.
Recess
It was the consensus of the Board to take a five-minutes recess.
The Board recessed at 9:45 P.M.
The Board reconvened at 9:55 P.M.
Minutes
The Approval of the Minutes of January 31, 2006 were held.
Action Items
This item has been deferred to the next meeting.
Town Administrator Performance Review/Agenda Items
Selectman Heitin discussed reasons for removing this item from the Agenda until such time as Chair Grasfield had an opportunity to meet with Town Administrator Puritz. He also noted that it had been on the agenda for about 6 months at this point in time.
He requested that Department Heads be scheduled on future agenda to update the Board on their Goals and Objectives.
VOTED: (Heitin/Roach) Voted unanimously to remove the Town Administrator’s Performance Review (from the Agenda) at this time.
Budget Review Presentation
Mr. Puritz made a presentation of the Selectmen’s Sector Budgets as it will be presented before Priorities Committee on February 16, 2006.
Items discussed included:
two budget proposals (1) 2.75% increase and (2) Maintenance of Service Budget at 5.5% increase;
revenue forecast figures;
Level 2.5% budget exceeds the most recent Revenue Projection (2/7/06) Selectmen’s sector allocation by approximately 1.1% or $85,435;
review of line-item budget shortfalls/reductions within most departments within the 2.75% budget and a list of unaddressed priorities, including Assistant Town Administrator, Finance Director, Town Engineer, and Planner;
increase in School Aid Chapter 70 by only 4%; and,
hope to get increases in state aid and further information coming.
Town Meeting Warrant Articles
The Board reviewed a draft list of Warrant Articles, listed with letters A - OO. Mr. Ira Miller, FINCOM, expressed concerns as to the schedule for signing the warrant. Selectman Heitin stated he expected it would be ready by the next meeting on February 28. Selectman Heitin further indicated that articles may be removed, but that nothing will be added. In answer to concerns expressed by Mr. Miller, Selectman Heitin suggested that FINCOM proceed with the review of the standard articles, which are the majority, and not wait for the final warrant.
Community Center Project Sign
The Board reviewed a draft version of the project sign for the Community Center.
VOTED: (Heitin/Roach) Voted unanimously to approve the Community Center Project Sign as drafted by Maureen Doherty within her Email of February 13, 2006.
Closing of the Community Center Beach
The Board discussed Email from Maureen Doherty, Project Manager re need for formal vote on the Closing of the Community Center Beach during the reconstruction project. Mr. Puritz related conversations he had with David I. Clifton, Director of Recreation, whereas he asked that co-terminus with construction, that the Community Center Beach be closed from April 1 during Monday - Fridays and only opened during weekends. Questions were asked re the Sailing Program.
VOTED: (Heitin/Roach) Voted unanimously that the Community Center Beach and access road be closed to the public beginning April 1 from Monday - Friday till further notice.
Commercial Review Group
Selectman Heitin discussed a need for a new group to review the current commercial situation within the Town of Sharon. He referenced work done by Eli Hauser of the Planning Board. He suggested that this review group be made up of members of FINCOM, Planning Board, and interested community members to come up with recommendations for the Board regarding potential commercial development sites. He recommended that this be added to the February 28 agenda.
Debt Reduction Program/Combined Maintenance Program
Selectman Heitin discussed his meeting with the Chairman of the Capital Outlay Committee and the opportunity to continue with the implemented Debt Reduction Program. He stated that it appears that there maybe approximately $500,000 available this year for the program. This will be discussed further within the Capital Outlay Committee. Used could include seed money to be to begin a combined Maintenance Department or direct purchase of capital requests without borrowing. He also offered to put together information re actual borrowings of the community for the March 2 Capital Outlay meeting.
Salamander Crossing/Close Moose Hill Street
The Board reviewed the annual request to close Moose Hill Street from Moose Hill Parkway to Route 27, between late February and early April for up to three times during the warm spring rains and salamander migration.
VOTED: (Heitin/Roach) Voted unanimously to let the salamanders cross (as requested in the February 17, 2006 letter from the Moose Hill Wildlife Sanctuary).
Placement of Radio Transmitters - MEMA
The Board reviewed request from MEMA, dated February 2, 2006 to place radio transmitters in the Department of Conservation and Recreation shelter and antennas on the Fire Tower located on the summit of Moose Hill. Mr. Puritz stated that this will be coordinated with the Department of Conservation and Recreation, and the Town will seek MEMA’s cooperation and help re inter- operability requirements.
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 bargaining with non-union personnel and at the conclusion thereof to adjourn for the evening.
Roach, aye; Heitin, aye.
The Board recessed to Executive Session at 9:35 P.M.
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