Monthly Archives: January 2016

Assisted living zoning article

2014 -town meeting

2014 -town meeting

When I discovered that our 2012 annual town meeting (ATM) passed a zoning change based on written materials that were not in the booklet mailed to residents, that were only knowable by reviewing the materials in the Town Clerk’s office, and hence were unknowable to we residents at the town meeting who voted that evening, I thought that was not the right way for the town to pass bylaws.  Therefore, I have worked to change what and how that happened.

I first learned about the issue months ago when neighbors of the proposed LCB assisted living facility alerted me to what had happened.  As a result, I spend time educating myself as to what transpired, and analyzing the results.  I personally concluded that:

  • the 2012 process was flawed in my mind because of the lack of information; and
  • even under the zoning changes purportedly made in 2012, that the LCB petition has no basis under existing zoning, because LCB should be applying under the part of the bylaw that covers “commercial,” not “institutional, non-profit” uses – both LCB’s attorney and Town Counsel disagree with me on this.

To follow through on what I see as correcting the 2102 ATM vote because of the insufficient material, I last Tuesday had my fellow selectmen vote to put warrant articles forward at the upcoming ATM to undo what was voted in 2012, if the residents so chose.

It turned out that drafting those warrant articles fell to me, and so yesterday I did so.  Below are those drafts as I shared them with the town administration and my selectmen colleagues.

The votes would just revert those zoning bylaws to the wording that existed before the 2012 ATM.


From: Osler Peterson
Sent: Friday, January 29, 2016 2:03 PM
To: ‘Mark Fisher’; ‘Richard DeSorgher’
Cc: Sarah Raposa; Michael Sullivan; Mark Cerel; Kristine Trierweiler
Subject: zoning articles

Richard and Mark,


Mark Cerel asked me to draft what I am suggesting with respect to the annual town meeting (ATM) zoning warrant articles, and this is what I came up with – it reverts from what we have now back to what we had before 2012.             Strike “Hospital, convalescent, nursing home, Hospice, continuing care, or assisted living facility” and replace it with “Hospital, sanitarium or sanatorium” and strike “SP” and replace it with “NO” in the B, B-I, and I-E districts.         Strike “Hospice or nursing homes, convalescent and assisted living facilities and medical and dental office” and replace it with “Convalescent or nursing homes and medical and dental office” and strike “SP” and replace it with “NO” in the R-S and I-E districts.




As the final irony of this whole process, if afforded the opportunity to vote on the above warrant articles at our upcoming ATM, I will vote against them.  While I believe the 2012 process was flawed, I agree with the result, which gives our Zoning Board of Appeals the discretion to decide for the town whether any particular proposal makes sense.

Having seen the operation of the ZBA from my years serving as a member, I trust the ZBA to do what is in the best interest of the town, and also I want the town to have the flexibility to locate assisted living facilities in appropriate areas, including residential zones when it makes sense.

Candidate interviews coming


This from Cheryl Dunlea –


Dear Selectmen and Town Administrator,

I wish to inform you that I am not scheduling a Candidates’ Evening for the candidates in the Medfield Election this year.

Instead I have scheduled a series of interviews using Medfield High School students.  This is a joint venture with Carol Mayer, Town Clerk; Kevin Murphy, social studies teacher at Medfield High School; and Aditi Thatte and staff of Medfield TV.

The attached letter is directed to the candidates.  I hope this is a successful program.   I thought it was important for you to know the details.

The letters to those who took out papers were sent today.  I will finalize the list when the papers are submitted to Carol on February 8th.

Thank you for listening,

Cheryl Dunlea


52 Orchard Street

Medfield, MA, 02052

January 28, 2016

Dear Candidate,

Congratulations on your decision to run for elected office in Medfield!!

During these next two months I know you will be actively campaigning for your election.


As a means to introduce you to the citizens of Medfield, I would like to formally invite you to participate in a new program I have designed for candidates seeking office in Medfield.


I have coordinated with Carol Mayer, Town Clerk; Kevin Murphy, Social Studies teacher at Medfield High School; and Aditi Thatte and the staff of Medfield TV. We are scheduling a series of interviews in which High School students interested in civics would interview you about the position you are seeking, your qualifications, and the issues you are facing.


This program would be in lieu of Candidates’ Evening which I have been associated with for over forty years here in Medfield.


We are trying to schedule the interviews for Wednesday, February 10th and Thursday,

February 11th between 2:00 and 5:00 pm.   The scheduling is due to availability of the studio located at 18 North Meadows Road (Route 27).


By taping the interviews in February there will be time to edit and perfect the shows in time for March 1-27 airing on MTV. In addition the shows will be sent to various social media outlets.


I do not know if you will return your papers at this time. However, I wanted you to be aware of this program.


I hope you will join us. I will send out a schedule of the taping times as soon as I know that all the nomination papers are in.


Please be so kind as to e-mail or call me with your e-mail so I may send you the taping



Thank you for listening!


Cheryl Dunlea

Medfield TV Board of Directors

Former third grade teacher at Wheelock School, Medfield

Former LWV President and Voter Service Chair


BoS on 2/2


Tuesday February 2, 2016 @7:00 PM


7:00 PM Permanent Building Committee
Status update on the construction of new safety building

7:30 PM William Comery
Discuss proposed change to Bay Circuit Trail (pending from January 5, 2016 meeting)

Discuss pending 2016 warrant articles

Community Preservation Act Study Committee mission statement

Economic Development Committee mission statement

Other business that may rise

At the end of this meeting the Board of Selectmen will vote to close the
2016 Annual Town Meeting Warrant

Denise Garlick annual r3port

Demise Garlick is holding her annual report to the town this evening at the Town House. She is now the Chair of the Committee on Elder Affairs, so she now has a substantial staff – about six people, several of whom are here this evening. As an attorney I was glad to hear she has legal council, as well as a legislative aid.

Assisted living ATM articles

town meeting

I just finished a long phone conversation with Mike Sullivan and Mark Cerel about several topics, including the warrant articles I asked at the selectmen meeting this week to have added to the annual town meeting (ATM) warrant, to deal with the issue that the 2012 town meeting vote to permit assisted living in residential zones was based on data that was only available in the Town Clerk’s office.

I had originally proposed at the Board of Selectmen meeting two articles:

  1. One first to vote again on the 2012 zoning change, but this time with full information, and
  2. A second vote to undo the 2012 zoning change.


As we talked it through, I realized that the second article could be made to do the same thing as the first article anyway.  Town Counsel was also noting out that the former would be difficult to do at this point where the zoning change had already both passed at the town meeting and been approved by the Attorney General.

The way we left it was that Town Counsel and Mike would prepare two articles for teh upcoming annual town meeting on April 25:

  1. The first one would change the use table back to what it was before 2012 for “Public, Semi-public Institutional” uses, and
  2. The second one would do the same for “Commercial” uses.

Those two votes would effectively re-vote the 2012 town meeting vote, so those articles satisfy my goal of allowing the town residents to decide this zoning change (to permit assisted living in residential zones, upon a discretionary special permit from the ZBA) upon full information at the town meeting.


DLS maps


The state’s Division of Local Services (DLS) is part of the state’s Dept. of Revenue.  DLS puts out the above named newsletter, but also publishes lots of data about municipalities.  The link below is to an interactive map that documents where we stand with respect to several metrics – population, taxes, % of residents, and % of commercial uses.

Our state aid + 1%

State-House-smaller_1 (1)

From John Nunnari –

Although I’m sure both the MMA and the Department of Local Services has already provided previews of these numbers, I’m passing this along in case you hadn’t seen the numbers released today by the Governor.

The Governor is proposing an additional $107K over last year, which is approximately a 1% increase.




Municipality/Regional District 7061-0008 Chapter 70 Unrestricted General Government Aid Annual Formula Local Aide
FY ’15 Actual Appropriation $5,862,409.00 $1,289,875.00 $0.00
FY ’16 Actual Appropriation $5,925,859.00 $1,336,310.00
Governors FY ’17 Proposal $5,975,759.00 $1,393,771.00 $0.00
Medfield (House FY ’17 Proposed Numbers) $0.00 $0.00 $0.00
Medfield (Senate FY 17 Proposed Numbers) $0.00 $0.00 $0.00
FY ’17 Conference Committee Report           July +/- $0.00 $0.00 $0.00



John Nunnari, Assoc AIA
Executive Director, AIA MA

Zoning articles for the ATM

town meeting

At the Board of Selectmen meeting last night I made a motion, that was unanimously supported by all the selectmen, that directed the Town Administrator, Mike Sullivan, to draft the two articles for the warrant for the annual town meeting (ATM) on April 25:

  1. The first article is to basically re-vote the 2012 zoning change vote that purportedly allowed assisted living facilities in residential zones, and
  2. The second article would allow the residents to undo that 2012 vote, if that purported 2012 change was in fact valid, and also further, if the residents, now with full information, decide that they do not want it.

My motion also asked the Town Administrator to follow up with the Planning Board to ask that the Planning Board follow through on vetting the articles to the annual town meeting (ATM).

This was my attempt to correct what I see as a 2012 ATM vote that was taken without all the necessary information in front of the residents at the time, since I am told that  the actual language was not available at the ATM, and that one had to visit the Town Clerk’s office to see the actual language.  I do not feel people should be asked to vote on bylaw language changes that are not presented and/or readily available to them.

It is my understanding from what I have heard others say that the Planning Board is required to hold hearings on any zoning change, so I expect that the Planning Board would have to hold such hearing if my suggested warrant articles are to proceed to the annual town meeting (ATM).

MMA info #5


Last Friday and Saturday I attended the MMA’s annual meeting at the Hynes Convention Center, where I always get good insights and gather great information.  I posted some of them while I was there.


This morning as I heard about the Governor releasing his proposed version of the state budget for FY17, I was recalling Governor Baker telling us last Friday morning that last year he saw that municipalities got 75% of the state’s revenue increases in FY16 passed along to them via increased local aid from the state, that this year he is proposing that we get 100% of the state’s revenue increases passed along.  This sounds a lot like the revenue sharing that the MMA has been asking the state to commit to for a long time – now it just needs to be institutionalized and made permanent.

The state’s consensus revenue numbers for FY17 predict a 4.3% increase in state revenue, so our local aid should be going up 4.3% in the Governor’s proposed budget.


1 selectman candidate


Barbara Gips told me last night that while she pulled nomination papers to run for selectman, that she does not plan on proceeding by turning them in.  She changed her mind when she learned that Mike Marcucci was running.

I want you

Pete, I did pull papers for Selectman as no one else was running. However, when I learned that Mike Marcucci also did, I called Carol to let her know that I would not be filing papers or running as Mike is a terrific candidate. So, it’s just Mike (and anyone else who wants to file) running for Richard’s seat. Not me.