MINUTES
BOARD OF SELECTMEN MEETING
Tuesday, October 2, 2007
The Regular meeting of the Board of Selectmen was held at 7:00 pm in the Sharon Town Offices with Chair Walter Joe Roach, Selectmen William A. Heitin, and Town Administrator Ben Puritz.
The meeting was called to order at 7:07 p.m.
Chairman Roach announced a fundraiser for the Sharon Council on Aging called “Sharonopoly” is available at a cost of $25.00
KAREN SPRUNG and SHEILA ADVANI: REAPPOINTMENT TO COMMISSION ON DISABILITIES
Ms. Sprung and Ms. Advani said the Commission has been active in a numbers of areas including: monitoring of new buildings for ADA Compliance, ensuring that the Sharon beach is wheelchair accessible, enforceability of handicapped parking, working on greater handicapped access at the Train Station as well as providing a scholarship for a Sharon High School Senior.
OLD POST ROAD TRAFFIC DESIGN HEARING
Chairman Roach stated that this hearing would be postponed to the meeting of October 2, 2007
APPROVAL OF MINUTES
VOTED: (Heitin/Roach) Voted to approve the Regular Session and Executive Session Minutes of
September 18, 2007 and September 19, 2007.
FORMATION OF SACRED HEART PROPERTY REUSE COMMITTEE
Selectman Heitin said as a follow-up to a resident who expressed interest in the Sacred Heart building that a Sacred Heart Property Reuse Committee should be created. Chairman Roach said he was in agreement.
VOTED: (Heitin/Roach) Voted to establish the Sacred Heart Property Reuse Committee.
REAPPOINTMENT OF SPECIAL POLICE AND CROSSING GUARDS TO ONE YEAR TERMS
VOTED: (Heitin/Roach) Voted to reappoint to one year terms expiring December 31, 2008 those listed as special police and crossing guards as presented this evening.
REAPPOINTMENT TO BOARD OF REGISTRARS
VOTED: (Heitin/Roach) Voted to reappoint Anne M. Carney to the Board of Registrars for a three year term to expire December 2010.
FINANCE DIRECTOR APPOINTMENT STATUS
Chairman Roach said the Board will not discuss until Selectman Powell is in attendance.
FUNDING FOR SCHOOL RESOURCE OFFICER
The Board discussed hiring a school resource police officer. The School Department will contribute up to $45,000 annually – this is similar to what was done several years ago. The Town Government would pay the costs associated health insurance costs. Chief Bernstein said the officer could be in place in 45 – 60 days. He also stated in a memo to the Selectmen that the School Department has $45,000 to put towards the position, and unless something drastic changes in their budget, are committed to this funding annually for at least three years.
VOTED: (Heitin/Roach) Voted to accept the recommendation of Chief Bernstein and appoint a School Resource Officer in conjunction with funding by the School Department.
AWARD BID FOR SOLAR SALT AND ROCK SALT
These annual purchases are bid by the Medfield consortium in order to identify the lowest bidders.
VOTED: (Heitin/Roach) Voted to award contract for solar salt to Eastern Mineral of Lowell, Mass. for $52.68 per ton and to award the contract for rock salt to American Rock Salt Co. of Taunton, Massachusetts for $50.20 per ton.
Selectman Richard Powell joined the meeting.
SUSAN PECK: REAPPOINTMENT TO THE BOARD OF HEALTH
Chairman Roach asked that Ms. Peck review with the Board the important issues facing the Board of Health. Ms. Peck explained that the Board of Health has been working on evaluating septic systems for the new developments in Town including Sharon Commons, Brickstone and the Wilber School. She also explained that the Board of Health licenses massage therapists and does sanitary inspections. She has been a member of the Board since its inception 11 years ago. She said that she had drafted for the Economic Development Committee the Request for Proposal for the septic system in the downtown area. She said that there is possible funding through the Brickstone agreement or possibly if the 43D is adopted at the November Town Meeting up to $150,000.00 from the State. She has proposed using money from the water account since any studies done would be to protect the water and she believes it would be appropriate. She says it is important that we understand if there is additional economic development there needs to be a wastewater treatment facility. She believes that the Town should conduct a mass balance on nitrogen loading in the downtown area. It is important that the Town is in balance and stated that the results of this study would impact her opinion regarding this issue. She said that there have been no studies conducted other than that at the Wilber School that looks at the nitrogen issue. She also commented on the Wilber School Wastewater Treatment Facility explaining that she believes there might be a mounding issue. She said in the past the Board of Health has taken a position that there will be no variance for new construction. She is concerned that the Wilber School project will not meet setback requirements. Town Administrator Puritz said that the project is five feet off.
Ms. Peck said that a waste water treatment facility is a delicate object that needs to be managed carefully. She said that someone putting latex paint down the drain can kill the bugs in a system and compromise its integrity. Selectman Powell asked Ms. Peck to elaborate on the Board’s efforts to work with the proposed Dunkin’s Donuts store in Post Office Square. Ms. Peck said that the Board of Health encouraged Dunkin’ to talk to neighbors as the use wasn’t grandfathered in at that location. She also said that the Board encouraged Dunkin’ to try and estimate actual flow, and suggested that Dunkin’ use waterless toilets.
SHARON COMMONS WARRANT ARTICLE REVIEW
Tom Houston of the Professional Services Corporation reviewed the articles on the November 5, 2007 Warrant relating to Sharon Commons.
Article 5 – Technical corrections to the Business D district Zoning By-Law adopted at March 12, 2007 Town Meeting
Mr. Houston reported in the original By-Law the language “concept plan” was used. The Attorney General felt that the term was not part of State law and a definition of the term needed to be provided. In addition the Attorney General recommended other corrections that Mr. Houston reviewed with the Board.
Article 6 - Accept for use as a public way lands adjacent to the current layout of Old Post Road
Mr. Houston explained that Article 6 authorizes the Town to accept the donation of land. Intoccia deeded land to the county as well and the only land that the Town will be asked to accept is the land at the end of Laurel Road.
Article 7 - Amend the sign general By-Law to provide signage regarding a lifestyle retail center in Business District D
Mr. Houston stated that this Article would change the General By-Law as it relates to signage. It will permit pylon signs and monument signs. The pylon sign and the monument sign are allowed on South Main Street near Highway I-95. It will also allow directional signs with permission by the Boston of Selectmen and Sign Committee.
Article 8 - Amend the Zoning By-Law to allow off premises directional signage in residential district regarding a lifestyle retail center in Business District D
Mr. Houston explained that the zoning by-law needs to be changed because the land opposite Shaws and the Cranberry Bog is still zoned residential. This by-law would allow signs on that strip in a residential district.
Article 9 - Amend Zoning By-Law regarding drive-thru accessory uses within Business District D
Mr. Houston said that this would modify the drive-thru provision in the Zoning By-Law. Currently drive-thru permits are granted for banks only by Special Permit from the Board of Appeals. The Zoning-By-Law change would include pharmacies and food as well. This change would be permitted in the Sharon Lifestyle Center only.
Chairman Roach asked that Mr. Houston also review the citizen petition articles.
REVIEW OF THE CITIZEN PETITION ARTICLES REGARDING SHARON HILLS
Mr. Houston said that he believes that the citizen petition articles are technically correct. He reviewed the 3 articles.
Article 1 – Mr. Houston said that this article would repeal in its entirety the Sharon Hills Zoning/Senior Living Overlay District.
Article 2- Mr. Houston said that this article would modify the approval structure for the development. The use by right could only be granted by a special permit. It would also provide the abutters with a stronger legal instrument to be used for appeal.
Article 3 – Mr. Houston said that this article would change the density and height restrictions. The height of the building would change from eight stories to four stories, the number of beds in the nursing home from 150 beds to 75 beds, and the average bedrooms per unit from 2.25 to 2.0. Also included in the by-law are changes to some of the setbacks. Mr. Houston explained that these were incorporated for a specific reason. For instance, the only reason that there is a ten foot setback is because of wetland issues – you need to know the specifics – to understand some of the setback requirements.
The ultimate impact of the dimensional controls though it would provide a less dense project, would not provide the economic component to the proponent which resulted in open space and other benefits to the Town. In his opinion the proponent would seek to renegotiate the remainder of the agreement. Mr. Houston pointed out that the Attorney General had approved the By-Laws related to Sharon Hills passed at the May 2007 Town Meeting.
SIGNING OF THE WARRANT
Selectman Heitin said that there was an Article added regarding capital funding for the Horizons for Youth.
VOTED (Heitin/Powell) move the Board sign the Warrant for the Nov. 5, 2007 Town Meeting which includes 23 articles.
It was agreed that the new Article should be placed after Article 10.
FINANCE DIRECTOR
TA Puritz said he has been conducting background checks and references checks on the three final candidates. Chairman Roach said that he has been checking also; he said that though all candidates are excellent he is prepared to vote. Selectman Powell said he is ready to vote as well though questioned how the process works in terms of the negotiation aspect. There was discussion in terms of the contract negotiation and final offer. Selectman Heitin said he has been speaking with the Town Administrator about the background checks and references and he is prepared to vote.
VOTED: (Heitin/Powell) Voted unanimously to authorize the Town Administrator to enter into negotiations with Mr. Fowler to serve as the Town’s first Finance Director.
AUTHORIZE CHAIR TO SIGN LETTER ACKNOWLEDGING RECEIPT OF DOCUMENTS FOR WILBER SCHOOL
VOTED: (Heitin/Powell) Voted unanimously to authorize the Chairman to sign a letter acknowledging receipt of One Stop application for State low income tax credits, HOME funds, and DHCD Section 8 project based vouchers.
DISCUSSION OF SELECTMEN’S CORNER LETTER
The Selectmen would like to place a letter in the Sharon Advocate that summarizes the accomplishments over the past year.
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CORRESPONDENCE
The Police Department has received a Community Policing Grant for $18,024.00 Chief Bernstein was congratulated for his efforts.
Town Administrator Puritz said that he had sent a letter sculptor and former resident Lu Stubbs authorizing the casting of the Happy Frog for placement in Northampton where Ms. Stubbs now resides.
Chairman Roach explained that Donnelle Murphy, owner of 10 Merchant Street and adjacent property be asked to come before the Board to potentially use of the property for paintball related activities.
Chairman Roach also asked that Animal Control Officer Diane Malcolmson also be asked to come before the Board for a dog hearing regarding her memo to the Board.
Selectman Heitin said that he had reconfirmed the number of residents who attended the May Town Meeting and voted for the Brickstone proposal. He also said that he reconfirmed with counsel and the developer that the 40B application is still pending for the property and that the developer has the right to build 89 homes.
VOTED: (Heitin/Powell) Voted unanimously to have a five minutes recess to read letter to be placed in Selectmen’s Corner and reconvene to discuss.
The Board recessed at 8:55 p.m. and reconvened at 9:00 p.m.
Selectman Powell provided the Board with his edits and Selectman Heitin added his own. Selectman Powell said that the letter highlights projects that have been supported by the Board in order to improve the fiscal health of the Town. Selectman Heitin added that the letter reviews the revenue figures and he stated that these are estimates and that they have ranges.
VOTED: (Heitin/Powell) Voted unanimously to submit the article to the Sharon Advocate for printing on Friday
VOTED: (Powell/Heitin) Voted unanimously to enter into Executive Session to discuss real property, collective bargaining including collective bargaining with non-represented personnel and at the end thereof adjourn for the evening.
The Board of Selectmen adjourned to Executive Session at 9:05 p.m.
Roach: Aye
Powell:Aye
Heitin: Aye