BOARD OF SELECTMEN

AUGUST 23, 2004

REGULAR SESSION MINUTES

 APPROVED

 

Present:  George F. Dillon, Jr., Chair; Peter S. Cunningham, Vice Chair; Robert W. Nordblom, Member; Administrative Officer Jean E. Kitchen and Kathleen Newell, Office Assistant.

Absent:  John L. Saball, Clerk and Virginia C. Wood, Member

 

The Meeting opened at 7:03 p.m.

 

Mr. Dillon expressed condolences to the family of Loretta Moen who had passed away on Friday.  Mr. Dillon stated Ms. Moen was the first Selectwomen in Groton.  Ms. Kitchen added that Paul Pepin had also passed away and expressed condolences to his family.

 

Order of Taking - Mill Street

Attorney Robert Collins, Earth Removal Inspector Michelle Collette, Mr. Steve Webber and Mr. Harlan Fitch were present for this portion of the meeting.

 

Mr. Cunningham asked if this was the first in a series of steps.  Ms. Kitchen stated the layout had already occurred at Town Meeting and this step is the relocation, which consists of abandoning certain parcels and relocating.  Ms. Kitchen stated this is the final step and the Order of Taking would then be recorded.  Ms. Kitchen stated the construction would not begin until a later date.  Mr. Dillon expressed concern over the delay in construction and suggested an easement.  Attorney Collins suggested a temporary easement for the use of Mill Street until the new portion is constructed and a temporary license as Mr. Walker of Ryan Development would be doing the construction on municipal property. Attorney Collins also suggested a liability bond.

 

Attorney Collins stated he would be meeting with the Planning Board and suggested he meet again with the Board of Selectmen with a completed package.  Mr. Dillon asked if a performance bond would be provided.  Attorney Collins responded a performance bond would be part of the completed package.  Ms. Kitchen stated no action would take place until the Order of Taking had been recorded.

 

Mr. Cunningham moved an Order of Taking for Mill Street, as further described in the Order of Taking drafted and approved to form by Town Counsel, dated August 9, 2004.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

Mr. Cunningham moved to authorize the Release Deed for Mark D. McCarthy and Gritt Jensen for Parcel Q, as shown on a Plan entitled "Definitive Subdivision 'Mill Street Relocation' Groton, Massachusetts" dated September 26, 2002, revised through March 18, 2004, prepared by Landtech Consultants, Inc.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

Mr. Cunningham moved to authorize the Release Deed for Town of Groton for Parcel R, as shown on a Plan entitled "Definitive Subdivision 'Mill Street Relocation' Groton, Massachusetts" dated September 26, 2002, revised through March 18, 2004, prepared by Landtech Consultants, Inc.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

Mr. Cunningham moved to authorize the Release Deed for Town of Groton for Parcel S, as shown on a Plan entitled "Definitive Subdivision 'Mill Street Relocation' Groton, Massachusetts" dated September 26, 2002, revised through March 18, 2004, prepared by Landtech Consultants, Inc.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

 

Earth Removal Exemption - Mill Run Plaza, Mill Street, Maps/Parcels 110/28, 216/1 & 216/2

Attorney Robert Collins, Board of Health Member Susan Horowitz, and Earth Removal Inspector Michelle Collette were present for this portion of the meeting.

 

Attorney Collins stated the Mill Run Plaza is a commercial development project on the left-hand side of Mill Street and has been under site plan review.  Mr. Dillon stated Ms. Collette had, in a memo, requested the calculations.  Mr. Dillon further stated the application requested 2,500 +/-, however the applicant was now asking for 5,600 cubic yards.  Attorney Collins stated there are approximately 6,000 cubic yards on the site; 2,500 cubic yards would be excess.  Ms. Collette stated Attorney Collins had met with the Earth Removal Advisory Committee and in order to remove from the locus an Earth Removal Permit would be required with any Board of Selectmen conditions.  Ms. Collette stated the excess material is the reduced number of 2,500 cubic yards and the permit should specify the 5,600 cubic yards.

 

Mr. Dillon asked Dr. Horowitz to explain the Board of Health's request for requested soil testing prior to removal of material from the site.  Dr. Horowitz stated the Board of Health had been confused as to which parcel the request was for, thinking the application was for the Chapter 40B property.

 

Ms. Collette suggested consulting with the Chief of Police to see if a traffic detail is necessary.

 

Mr. Cunningham moved to approve a Certificate of Exemption to the Earth Removal By-Law, Chapter 134, Section 10, for Ryan Development for the removal of 5,600 cubic yards of material located at the Mill Run Plaza site, shown on Assessors Maps/Parcels 110/28, 216/1 and 216/2, to include the following conditions:

 

1.      No operating on site before 8:00 AM or after 4:00 PM.

2.      Material taken off site limited to 9:00 AM to 2:00 PM.

3.      The roadway must be cleaned at the end of the workday.

4.      No operating on weekends or holidays.

5.      Applicant shall notify the Earth Removal Inspector prior to commencement of activity.

6.      Slope of stockpiles not to exceed 2:1.

7.      Appropriate dust control measures to be undertaken.

8.      Applicant shall provide the Earth Removal Inspector with calculations supporting the quantity of material to be displaced by construction.

9.      Applicant shall consult with the Chief of Police to determine if a traffic detail is necessary.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

     

Public Hearing - Road Acceptance - Wildflower Lane

Mr. Cunningham moved to open the hearing at 7:30 p.m.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood). 

 

Mr. Dillon read the legal notice and confirmed that certified abutter notification had been mailed on August 10, 2004. 

 

Ms. Collette stated the Planning Board had released the performance bond in July and had voted to recommend the Board of Selectmen accept the public way as it meets all subdivision regulations. 

 

Mr. Cunningham moved to close the hearing at 7:03 p.m.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

Mr. Cunningham moved to approve the laying out of Wildflower Lane as a public way, as further described and shown on an As-Built Plan dated June 19, 2003, Revised October 10, 2003, entitled "Wildflower Lane of Woodland Park located in Groton, Massachusetts" prepared for Robert M. Hicks by Lantana & Associates, Inc.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

Groton School RE:  Gift to Town

Mr. Richard Commons was present for this portion of the meeting.

 

Mr. Commons read a letter from Groton School expressing concern regarding budget cuts and referencing an annual voluntary contribution of $31,000 to the Town, $16,000 towards the debt service for the public safety building and $15,000 towards the general operating budget.  Mr. Commons stated the Groton School was increasing the contribution by $10,000 to be allocated to the Groton-Dunstable Regional Schools.

 

The Board thanked Mr. Commons and Groton School for its generosity, stating the Groton School is an asset to the Town of Groton.

 

Earth Removal Public Hearing - Elliott Blood, 94 West Main Street, Map 106, Parcel 15

Mr. Elliott Blood and Earth Removal Inspector Michelle Collette were present for this portion of the meeting.

 

Mr. Cunningham moved to open the public hearing at 7:52 p.m.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

Mr. Dillon read the legal notice and confirmed that certified abutters notification had been mailed on August 10, 2004 with two additional mailed on August 19, 2004.

 

Ms. Collette stated she had walked the site the previous Thursday and found total compliance with the Earth Removal By-law.  Ms. Collette stated the site was a well-managed, small-scale operation and the land was under active agricultural use.  Ms. Collette commended Mr. Blood for being such a good steward of the land.

 

Mr. Dillon stated the Board of Health had requested dust control measures and asked Mr. Blood if they were being observed.  Mr. Blood replied spraying water was being utilized on the site. 

 

Mr. Cunningham moved to close the hearing at 7:58 p.m.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

Mr. Cunningham moved to approve the renewal of an Earth Removal Permit for Elliott Blood, on Parcel 15, Assessors' Map 106 to expire August 23, 2006.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

OTHER BUSINESS:

Trails Committee Appointments - Joachim Preiss and Mike Anderson

Mr. Cunningham moved to appoint Joachim Preiss and Mike Anderson to the Trails Committee for the one-year terms to expire June 30, 2005.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

ACEC Great Ponds Steering Committee

Mr. Nordblom moved to appoint Bruce Clements to the ACEC Great Ponds Steering Committee as the Conservation Commission representative.  Seconded by Mr. Cunningham.  3 in favor, 2 absent (Saball & Wood).

 

Police Patrolman Appointment

Mr. Cunningham moved to appoint Eric Watkins to the position of Patrolman effective August 21, 2004.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

 

Minutes

Mr. Dillon requested tabling the review/approval of the Executive Session Minutes of July 14, 2004 until Ms. Wood was present as she had been a participant in the session.

 

ADMINISTRATIVE OFFICER'S REPORT

Ms. Kitchen reviewed her AO report, stating the Fire Protection Task Force would be meeting and she had given the members copies of the report.  Ms. Kitchen asked when the Board would like a report from the Task Force.  Mr. Dillon stated before the budget process.  Ms. Kitchen stated she would ask the Task Force to provide a report in December. 

 

Ms. Kitchen stated performance review of department heads would be performed and asked the Board members as liaisons to notify their respective departments.

 

Mr. Dillon asked if there were an update on the Water Department regarding traffic concerns from construction.  Ms. Kitchen stated the Water Department was updating the public via the website.

 

Mr. Dillon stated he had spoken with the chairman of the School Building Committee and the School will be opening on time.

 

Ms. Kitchen stated she had spoken with Mr. Jim Opaka regarding the West Street easement and gave him Sewer Commissioner Jim Gmeiner's number.

 

Mr. Dillon stated painting had been done at the Senior Center by the Sheriff's department.  Ms. Kitchen stated they did a fantastic job.

 

Ms. Kitchen stated she had spoken with Ms. Chris Pude regarding the affordable housing unit.  Ms. Kitchen stated there had three applicants but all were over the income guidelines, so the Housing Authority had increased the income level and decreased the housing price.

 

Ms. Kitchen stated the Carol G. Wheeler Memorial Park dedication ceremony would be September 4, 2004.  Mr. Dillon stated the Groton High School Class of 1951 reunion was also being held that weekend of which Mr. Wheeler had been a member.

 

Mr. Cunningham moved to adjourn at 8:01 p.m.  Seconded by Mr. Nordblom.  3 in favor, 2 absent (Saball & Wood).

 

 

 

 

 

                                                                                    ______________________________

Approved:  _____________________________                     Respectfully submitted,

                  George F. Dillon, Jr., Chair                           Kathleen Newell

                                                                                    Office Assistant

 

Date Approved:  September 27, 2004