Minutes 12/5/17


Board of Selectmen

Chenery Hall

Tuesday, December 5, 2017




Present: Osler Peterson, Michael Marcucci, Gus Murby, Michael Sullivan, Kristine Trierweiler, Mark Cerel




6:30     Joint Meeting with the Affordable Housing Trust

Discussion of Local Initiative Program Project at 93-95 North Street


Selectmen Peterson opened the Board of Selectmen meeting at 6:30 PM.


Mr. Marcucci thanked the Board of Selectmen for joining the AHT Board and introduced Mr. McCready and Mr. Hallisey who are present to discuss the LIP project at 93-95 North Street.  Plan for the evening is for a brief presentation; questions from the AHT and the Board to follow, and the goal of the evening is have a simultaneous discussion between the BOS and the AHT.


Selectmen Marcucci extended appreciation to Mr. McCready for coming forward to help address the 40B safe harbor issue through the Housing Production Plan. Local developers have been willing to come forward and work with the Town and the Trust to try and achieve these goals. There has been a tremendous amount of work done by the Town Hall staff including the Affordable Housing Committee, Kristine Trierweiler, Sarah Raposa, and Michael Sullivan, but the Town is at the mercies of the state law.


At 7PM, the AHT will temporarily adjourn this joint meeting for the annual tax classification hearing, and then resume a joint meeting of the Boards.


93-95 North Street, Mr. Hallisey

Tonight Mr. McCready is presenting a revised site concept for 93-95 North Street which includes moving a building on site, adding landscaping, and shifting the parking. On November 4, Mr. McCready met with the neighbors and he understands that there is no support from neighbors based on density and size of the building.


Mr. McCready stated that to try and address some of those issues we have tried to insulate the neighbors from visual impacts of the project.  Currently, 2.5 story building is not uncommon in that neighborhood. This is a proposal for a new building including 12 units, existing structure in the front is 2 units, and all will be apartments.


Mr. Bonfatti asked Mr. Hallisey to explain further what had been changed on the plan since it was last seen by the Trust.  Mr. McCready stated that there were not many comments made at the site visit meeting but he did try to have the architect try to incorporate more of the roofline features of the neighborhood, plan shows more landscaping, and moving the parking areas on the site. There have been complaints about loom stored on site as well as a couple of cars in the backyard; working with the tenant currently to clean up the cars and the loom, improving the green screen to the lot. There is a neighbor from Castle Avenue who had some concerns about a fire alarm system and light pollution and the impact on her home so trying to address those at this time.


Dave McCready stated that the engineers shot the height of the adjacent buildings and the proposed building is shorter than any of one of the others in the area.  If it would make a difference, we could make smaller garages along the back to buffer headlights, etc.


Tim Bonfatti stated that as the AHT liaison he had spoken with Dave in trying to address these concerns, but at this time cannot move forward based on the total unit count. At this time 90 North Meadows Road seems more promising with very little abutter complaint to date. Mr. Bonfatti suggested that this project be tabled and postponed for consideration until a later date.


Board asked to hear from the audience and Board members in attendance so that if the project does come back to the Board there is an awareness of the concerns.


AHT Questions

Prior to questions Mr. Hallisey stated he wanted to remind those in attendance that Mr. McCready is not seeking any funds from the AHT and no financial assistance from the Town.


Mr. Marcucci asked comments to be constructive comments dealing directly with the project in front of the board at this time. The consensus at this time is that the AHT will table the project indefinitely.


Selectmen Peterson and Selectmen Murby both stated concerns with the density on the site. Mr. Peterson asked Mr. McCready to consider that before resubmitting any new concepts for the site. Both Selectmen agreed with the AHT it was best to table the concept for now.


Audience Questions:


George Makalak, Castle Avenue

Mr. Makalak asked the Trust to consider that if this project is being presented again that the abutters be notified. The abutters feel they learned about it as a matter of happenstance and that is not transparent government.  There have been some changes to the plan; we were opposing that plan, and now this plan.  Looking for an overall reduction in the number of units on this site. This brand new plan flips it all which just moves oversized pieces on a board and that is not an improvement. If this will be presented again, we expect to be consulted.


Mr. Marcucci stated the Trust Board is in the process of adopting policies and procedures that will include notification procedures for all applicants.


Doug Tieney, 111 North Street

Concern is many things: multiple units on a historic street, downtown area, at the November 4, 2017 abutters meeting, I was hoping that we would see parking concerns, over flow parking, visiting, ZBA parking requirements, water run-off, flooding all addressed. We have really valid questions on snow removal and vehicle access, trash storage and removal, North Street congestion and property management. Please consider all of these items that were not considered prior to this concept.


A resident identified an abutting neighbor whom is deaf, and this is a safety issue for her. Her phone, door, system, etc. is already being affected by an apartment complex in the area and this project will make it worse.


Laurel Scotti, Green Street

Ms. Scotti was concerned that the barn is being used for construction vehicles, and cannot be housed in that location. She requested the Building Commissioner look into this again. She would also like to investigate the procedures for preservation of the barn.


Jonathan Gray, 87 North Street

Stated there are good items that have been identified already today. Barn, parking, construction, density, screening, are all an issue for this site. Property management is also a very big concern. There needs to be a good partner and neighbor, and we don’t have that relationship now. Most people moved out of the city to avoid density like this project. Recognize that safe harbor is driving this but this Board needs to pay attention to what that is doing to this neighborhood.


AHT thanked everyone for attending; project will be tabled at this time and not move forward as a LIP project. It can come back to the AHT without prejudice.


AHT adjourned at 7:00PM and the Board of Selectmen continued with their regular meeting.




Disclosure of Video Recording


Selectmen Peterson asked to take a moment of appreciation for our Troops serving in the Middle East and around the world.


Selectmen Peterson announced the Selectmen will hold a forum on Thursday, December 7 from 4-7PM at the CENTER at Medfield to discuss senior housing issues


BOS will enter into Executive Session at the end of the meeting for the purpose of conducting contract negotiations with non-union personnel.



Public Hearing

Annual Tax Classification Hearing


Selectmen Marcucci read the public hearing notice for the Annual Tax Classification Hearing as published in the Medfield Press on 11/17/2017.


Yvonne Remillard, Principle Assessor, summarized the tax classification hearing, by statute the Selectmen must decide a single or split tax rate. Medfield has always maintained a single tax rate while other nearby towns such as Walpole and Westwood split their tax rate. Selectmen and Board of Assessors discussed the tax rate implications of each scenario. There were no questions or discussion from the audience.


Vote: Selectmen Marcucci made a motion to adopt a single tax on the recommendation of the Board of Assessors and a tax rate of $17.03 as recommended, seconded by Selectmen Murby and the vote was unanimous.


The LA5 was then signed by the Board of Selectmen and will be electronically signed this evening.





8:00     OPEB Trust Committee

Selectmen Murby introduced the Committee: Peter Moran, Joy Riccuito, Georgia Colivas, Michael Sullivan, and Gus Murby. Mr. Moran presented background information on GASB 45 which requires the Town to measure liability and disclose the unfunded liability. There is no requirement to fund the liability but it is tracks the liability. New standards for GASB are issued periodically and the newest update will update how retirement benefits are tracked.


Selectmen Murby reviewed the documents from the actuarial study drawing the Selectmen’s attention to closing the gap between unfunded and total liability. Based on the calculations and accounting standards our “pay as you go” amount is $1.4 million.  The liability can be calculated using different rules which impact the number of years to close the gap. Selectmen Marcucci asked for clarification on the amount in the trust from an actual standpoint vs fully funded liability. Ms. Riccuito stated 28 million; if the Trust Fund had 18 million dollars today just the premiums would be funded.


Selectmen discussed if we should borrow. Ms. Colivas stated the Town’s financial advisory has advised not approve legislation or borrow funds to pay the unfunded liability because they are estimates. No community to date has borrowed to fund it, however Wellesley did have an override and added 2 million for ten years to the tax levy to put in the pension fund. Investing the money can be an issue for Towns as well and could put the Town at further risk.
Mr. Sullivan believes too many assumptions in the report that may be not be accurate and it should be treated as a guideline. He cautioned the discussions of no longer offering health insurance to employees. Selectmen Murby stated the Town of Medfield has adopted the maximum amount of contribution for retirees at 50% for health insurance. The Town is being proactive on this issue when most other Towns are ignoring the problem. The new GASB75 rules could change how the liability is calculated for Medfield. Selectmen Murby discussed addressing it now is the right thing to do as we don’t know what the consequences of not doing it may be in the future. At a minimum the Town should be paying for what the real cots are each year, i.e. Town had 400 employees, then that is what should be paid each year into the Trust.


The benefit cost for these employees are going to keep rising. The Town cannot lose ground reality of what the obligations are for the Town. Selectmen Murby discussed the need to allocate these expenses in each departmental budget to accurately reflect what the Town is obligated to pay for each year.




8:15     Rockwood Lane Basketball Hoop Discussion


Bjorn Jacboson, 7 Rockwood Lane

Mr. Jacobson would like to keep the children’s hoop and apologized for not dealing with the issue sooner. Selectmen Murby stated his mind has been changed now that he has learned the hoop was installed when the road was private and the Town accepted it with the hoop. However, Selectmen Murby was still concerned about safety and how to manage the liability of the hoop in the town road.


Selectmen discussed how to remedy this for the future. Does the liability run with the homeowner or the property when the house is sold in the future?  Town should also have the authority to determine it isn’t working in the roadway and can remove it if necessary.


Maurice Goulet, DPW director, stated that if the Selectmen vote to allow it to stay it isn’t just a hoop, it is a permanent object in the town’s right of way. This will begin a precedent of putting objects in the roadway and the right of way including boulders, hockey nets, etc.


Mr. Cerel stated that he was told that this was done after the road was accepted and he was not aware that the Town accepted the road with the hoop. If that is truly the case then there needs to be a license agreement between the homeowner and the Town.


Selectmen Peterson agreed with the Mr. Goulet, Chief Meaney and Mr. Sullivan that this hoop should not be permitted. Objects should not be located in the Town’s right of way and in this case creates additional roadway hazards during bad weather.


Mr. Sullivan also believes that it sets a precedent for objects in the right of way and if you do it for one, you have to do it for all of them. How do you decide which object can go in the ROW? We not only plow the roads, but we sweep them so there is the concern for the height of the equipment and potential damage to equipment and property. There are portable hoops to be used on your own property, or rolled temporarily into the cul de sac. There is no need for a permanent structure in the public way.


Selectmen Marcucci stated the discretion to allow this is within the board’s authority to make these determinations.  Agree with some of the concerns discussed but this one is an unusual situation. Each case is different and will have to be considered independently. If it should become a nuisance to the Town, then the homeowners have agreed to remove it at a later date. Mr. Jacobson agreed he didn’t want to see anyone get hurt of the location.


Selectmen discussed the status of the road’s acceptance, proof that the hoop was installed prior to acceptance and the need for a field a trip on site. Selectmen asked Mr. Cerel to draft and circulate a license agreement between the homeowners at 7 Rockwood Lane and require a rider on the homeowners insurance as well.


Vote: Selectmen Marcucci made a motion to enter into a license agreement on Rockwood Lane subject to agreement and endorsement that safety issues have been addressed by the DPW Director and the Police Chief, seconded by Selectmen Murby and the vote was unanimous.


Citizen Comment



Action Items

Discussion of Board of Selectmen 2018 ATM Warrant Articles


Mr. Sullivan updated the Selectmen that the Warrant is currently about forty articles, the warrant will close mid-January and there is still time for citizen petitions.


Selectmen discussed moving the beaver trapping article to an operating budget. It has been a warrant article that has been supported by Town Meeting for several years so it’s time to move to operating expense.


Mr. Cerel stated the dog control bylaw is weed and needs to be updated. There is a committee looking at it now and will put forth an update at the 2018 ATM.


Selectmen discussed what group will pick up the MSH Master plan and move it forward and if there was a need to appoint in advance of Town Meeting. At a minimum the Selectmen will start working on a charter, the body of the commission and the composition. The committee will need concrete guidance going forward.


ALS committee will meet with the Selectmen on December 19th and the leading option is one that adds $150,000 to the Fire Department budget once implemented. Selectmen discussed the need for a separate warrant article to provide an update on the committee as well as the funding request.  Selectmen discussed potential for an operating override to fund the program.



Selectmen asked for an update on North Street construction from Mr. Goulet prior to the Warrant closing


Selectmen discussed the Park and Recreation request which is for a feasibility study, still waiting for cost estimates on the project.


Mr. Sullivan informed the Selectmen the Dale Street project has been given preliminary approval for a feasibility study that will take approximately 18 months to complete and is estimated at 500,000 to one million. This project may also require an override vote to fund this project. COA will also be seeking an expansion, and the Mount Nebo water tower will need to be painted as well.


Selectmen discussed the need for building projects to be vetted with the Permanent Planning and Building Committee first before requesting funding. The COA has some private funding but would need additional funds from the Town. Depending on the results of the Dale Street feasibility study the Dale Street school may be available for future projects as well.


Vote to approve the following 2018 Alcohol Licenses:


Alcohol Restaurant:

Avenue Noon Hill Grill Basil Jing’s Garden II Kingsbury Club
Takara Nosh and Grog      


Wine and Malt Beverage:

Medfield Wine Shoppe Medfield Commons    


All Alcohol Package Store:

Bullards Medfield Package Store Palumbo Liquors



Vote: Selectmen Marcucci made a motion to approve all 2018 alcohol licenses, seconded by Selectmen Murby and the vote was unanimous.


Vote: Selectmen Marcucci made a motion to approve all 2018 Common Victualler and Entertainment licenses as submitted, seconded by Selectmen Murby, and the vote was unanimous.



Ms. Trierweiler will check on the American Legion entertainment licensing.


71 North Street

Town has received DHCD notification that the 71 North Street LIP application has been filed and comment period is now open for thirty days. Ms. Trierweiler will submit a letter of support on behalf of the Selectmen.


Philip Street Bridge

Maurice Goulet requests Selectmen sign the Philips Street Bridge Deck Contract


Vote: Selectmen Marcucci made a motion to sign the Philips Street Bridge Deck Contract, seconded by Selectmen Murby, and the vote was unanimous.



Lot 3

Selectmen Peterson recused himself from discussion of Lot 3 and moved to the audience.


Selectmen Murby and Selectmen Marcucci discussed their commitment to doing something with Lot 3 in 2018. Selectmen Murby reiterated he would like Lot 3 to be used for commercial purposes as there are developers interested in the site and the Selectmen have the authorization from Town Meeting. Selectmen Marcucci would like to see the work of the MSHMPC before making any definitive decision on Lot 3 and commercial use.


Selectmen Murby and Marcucci discussed the location of the Parks and Recreation on Lot 3, the Hospital Campus, and the sledding hill location. Logistics and a timeline need to be established for a Parks and Recreation location at MSH.  Selectmen discussed the size of the building that was requested in the past versus this year. Everyone recognizes the current building is not adequate.


Selectmen Marcucci expressed concern about locating Parks and Recreation in an area of town that is not reachable by sidewalks. Currently it is easily reachable from the schools in the downtown, which is an issue during the day with working parents. Mel Siebolt of Parks and Recreation stated the location at MSH is desirable for the summer camps. He indicated the Commission has scaled back the plans for the building.



Pending Items


Town Administrator Evaluation

Town Administrator Evaluation Discussion will be discussed after completion of Mr. Sullivan’s self-evaluation.


Town Wide Goals

Selectmen Murby gave an update on town wide goals, described changes made to the document, if the goals are okay with the Board then they should go out for public review and comment. It then can be sent out to the town residents, for comment and review.


Annual Appointments

Selectmen Murby informed the Board that Mr. Rob Gregg had declined the offer of Town Historian. Mr. Sullivan stated that position was created for former Selectmen Richard DeSorgher, it is not a mandated appointment, but honorary in nature. Selectmen Murby will continue talking with the Historic Society to see if anyone is interested.


Selectmen discussed next year the process of appointment the committees will be different. There will be an annual process to include reviewing the charter, town goals, and action plan for the year.


Ms. Trierweiler informed the Board she was still waiting for an update on Ms. Read’s appointment to the Board of Health.


Veterans Service Officer

Mr. Sullivan is meeting with the Town Administrator in Walpole on Thursday and should have an update at the next meeting.




Licenses and Permits (Consent Agenda)


Vote to approve the 3rd Annual Hunters 5K and 1 Mile Fun Run for Hunter Williams at the Kingsbury Club on April 8, 2018.


COA requests one day beer and wine license for the Supper Club on Wednesday, December 6, 2017 from 4:30 to 7:30PM (Updated 12/5/2017)


Friends of the Medfield Library request approval for signs for Meet and Greet at the Library on January 7, 2018 and for the ½ price Bag Sale to be held on 1/26 and 1/27. (Updated 12/5.2017)


Vote: Selectmen Marcucci made a motion to approve the consent agenda as printed, seconded by Selectmen Murby and the vote was unanimous.



Letter from Rob Gregg, declining Town Historian Position


Letter to MADEP from Medfield Conservation Commission, RE: LCB Senior Living Project


Email from Debra Guagliardo, RE: 75 High Street Opposition

Email from Linda Kushner, RE: 75 High Street Opposition

Email from Joyce Pimental, RE: 75 High Street Opposition Water Concerns

Email from Vera Mykyta, RE: 75 High Street Opposition

Email from Tara and Jon Bauer, RE: 75 High Street Opposition (12/5/2017)

Email from Herlihey Family, RE: 75 High Street Opposition (12/5/2017)



75 High Street Discussion


Selectmen Marcucci asked Mark Cerel what role the BOS have in these discussions on High Street. Mr. Cerel stated that there are other options being explored by the applicant. The daycare use is exempt under 40A, very little local authority over the application. The Planning Board has been in discussions with the Building Commissioner on the site, BOS control the earth removal portion of the project, while Water and Sewer has been involved due to the extension request of the utilities.


30 Oriole Road Resident cited concerns about the egress from the site, the Fire Chief’s comments about the egress, the lighting, the dangerousness of the intersection and suggested it should have been sent to the ZBA for discussion as it is a commercial site not a family daycare.


Selectmen Marcucci reminded the Selectmen of two dates: December 12 the AHT is meeting to take up 90 North Meadows Road and then on January 9, 2018 Mr. Kelly will be in to discuss Dale Street.



Vote: Selectmen Marcucci made a motion to go into the Executive Session for the purpose of negotiating with non-union personnel, town administrator, and not reconvene in open session, seconded by Selectmen Murby.


Roll Call Vote: Selectmen Murby, Yes. Selectmen Peterson, Yes, Selectmen Marcucci, Yes.

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