Category Archives: Select Board matters

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,

FYI –

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.

5.4.2.8             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.

5.4.4.10         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.

Best,

Pete


 

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.

BoS on 2/2

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Tuesday February 2, 2016 @7:00 PM

AGENDA (SUBJECT TO CHANGE)

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)

ACTION
Discuss pending 2016 warrant articles

PENDING ITEMS
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

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.

2 selectman candidates

vote.2

Town Clerk, Carol Myer, reported last week that Warrant Committee members Mike Marcucci and Barbara Gips have both pulled nomination papers for selectman.

Still no one running for the empty seat on the Board of Assessor.

BoS agenda for 1/26

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Tuesday January 26, 2016 @ 7:00 PM

AGENDA (SUBJECT TO CHANGE)

7:00 PM  EPA Stormwater Permit Workshop, conducted by
Ian Cooke, Executive Director, and Sarah Bounty I Neponset River Watershed Association;  Martin  Pillsbury, MAPC

The goal of this workshop is to raise awareness of the new requirements for the MS4 permit, answer questions and concerns Medfield may have about stormwater issues

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


EPA Stormwater Permit Works op for Town of Medfield
AGENDA

Goal: Raise awareness of the new MS4 permit among key board members who will be affected, but who may not deal with MS4 issues on a day to day basis. Encourage inter-board/department discussion on  key issues.

3 min             Ian Cooke: Welcome and introductions, overview of agenda

10 min           Sarah Bounty: Overview of the Stormwater Challenge in Medfield
• Stormwater basics
•  Medfield’s stormwater infrastructure
• Water quality and impaired waters in Medfield

16 min             Ian Cooke: Overview of Requirements in the New Draft MS4 Permit
• Overview
•  Six minimum control measures, TMDLs and reporting requirements
• Potential implementation costs

8 min                Martin Pillsbury: Progress to date
• Overview of work already done by Medfield and regional partners
• Review key tasks completed to date

35 min                Discussion Questions
• What will the biggest impact on your department be?
• How should various departments coordinate their efforts?
• What new resources will be needed?
• Is outside help is needed (i.e training,analysis or implementation)?
• Where could joint efforts by multiple towns help?
•  What is the best way to fund any increased costs?

5 min               Next Steps and
Evaluation/Suggestion Forms

ATM warrant articles

2014 -town meeting

2014 -town meeting

The selectmen will close the warrant for the annual town meeting at our meeting tomorrow night.  Mike’s email below circulated some (but not all) of the current warrant articles for the town meeting on April 25.

After those, at the bottom, you can see my email back to Mike and town counsel about the two articles that I have asked to be included, that would clarify the town zoning relating to siting of assisted living facilities in residential zones, given the way in which the 2012 ATM vote about that issue happened.

 


 

 

The following articles should be voted on at the Board’s January 26, 2016 meeting if you wish to place them on the ATM warrant. If there are additional I left out, please also vote on those. If you do not wish to place any of them on the list don’t vote to do so for those particular articles. Thanks. Mike


 

Article 15.   To see if the Town will vote to fix the salary and compensation of the following elected officers: Moderator, Town Clerk, Selectmen, Assessors, School Committee, Trustees of the Public Library, Park and Recreation Commissioners, Planning Board, Housing Authority and Trust Fund Commissioners, or do or act anything in relation thereto.

  Officer

Present Salary

W.C. Recommends

  Town Clerk $66,000 $       ?
Selectmen, Chairman        900          ?
Selectmen, Clerk        900          ?
Selectmen, Third Member        900          ?
Assessors, Chairman        900          ?
Assessors, Clerk        900          ?
Assessors, Third Member        900          ?
Moderator            0          0
Housing Authority            0          0
School Committee            0          0
Library Trustees            0          0
Planning Board            0          0
Park & Recreation Commissioner            0          0
Trust Fund Commissioner            0          0

 

(Board of Selectmen)

 

Article 17. To see if the Town will vote to raise and appropriate and/or transfer from available funds sums of money requested by the Selectmen or any other Town Officer, Board, Commission or Committee to defray operating expenses of the Town for the fiscal year commencing July 1, 2016, or such other sums as the Town may determine, as required by General Laws, Chapter 41, Section 108, or do or act anything in relation thereto.

(Board of Selectmen)

Article 20. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of preparing a Capital Plan for the Town, or do or act anything in relation thereto.

(Board of Selectmen)

Article 21. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of preparing a Town-wide Master Plan, or do or act anything in relation thereto.

(Board of Selectmen)

Article 28. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of purchasing and installing traffic signals and associated traffic markings and signage at the intersection of South Street and Spring Street (route 27) and/or for the purpose of making improvements to the traffic signals, markings and signage at the intersection of West Street and North Meadows Road (Route 27), and to authorize the Chief of Police to apply for and accept grants and to expend funds for such purposes, or do or act anything in relation thereto.

(Board of Selectmen and Chief of Police)

Article 31. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of providing ongoing maintenance and security at the site of the former state hospital, or do or take any action in relation thereto.

(Board of Selectmen)

Article 32. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of hiring consultants, engineers and/or attorneys to assist the Town with ongoing preparation of a master plan for reuse of the former hospital and surrounding areas and to advise the Town on matters concerning the site’s disposition, reuse and environmental remediation, said funds to be expended under the direction of the Board of Selectmen, with the understanding that the Board of Selectmen may authorize any other Town board, commission, committee or department to expend a portion of said funds for such purposes, or do or act anything in relation thereto.

                                                                                                           (Board of Selectmen)

Article 34. To see if the Town will vote to appropriate a sum of money and determine in what manner said sum shall be raised for the purpose of making improvements to the downtown, or do or act anything in relation thereto.

(Board of Selectmen)

Article 39. To see if the Town will vote to accept Sections 3 to 7, inclusive, of Chapter 44B of the General Laws, otherwise known as the Massachusetts Community Preservation Act, by approving a surcharge on real property for the purpose permitted by said Act, including the acquisition, creation and preservation of open space, the acquisition, preservation, rehabilitation and restoration of historic resources, the acquisition, creation, preservation and support of community housing, and the rehabilitation and restoration of such open space and community housing that is acquired or created as provided under said Act; to determine the amount of such surcharge on real property as a percentage of the annual real estate tax levy against real property and the fiscal year in which such surcharge shall commence; to determine whether the Town will accept any of the exemptions from such surcharge permitted under Section 3€ of said Act; or do or act anything in relation thereto.

(Board of Selectmen and Community Preservation Act Study Committee)

 

Article 40. To see if the Town will vote to accept as public ways all or a portion of the following streets:

Rockwood Road from Station   .00 to Station   .00.

Quarry Road from Station   .00 to Station   .00.

Erik Road from Station   .00 to Station   .00.

 

, or do or act anything in relation thereto.

(Board of Selectmen)

Article 41. To see if the Town will vote to amend the Code of Medfield Regulations, Chapter 150 Historic Preservation, Article II Demolition Delay to establish a procedure for handling appeal of a decision by the Medfield Historic Commission to the Board of Selectmen, by adding a Paragraph   to read as follows:

 

(under discussion with Town Counsel and Historic Commission)

 

,or do or act anything in relation thereto.

(Board of Selectmen and Historic Commission)

 

 


 

 

Mike and Mark,

Please know that I have removed my fellow selectmen from receiving this email because I am not allowed to communicate with them outside of a posted meeting about matters of substance, under the  terms of the Massachusetts Open Meeting Law.

I see two things needing to be done.

  1. Since I do not approve of a process at a ATM where one has to make a separate trip to the town clerk’s office to read the item being voted, I feel that needs to be corrected – maybe by re-voting the same item with a proper description; and
  2. If Mark is legally correct that assisted living is now allowed in residential zones based on the 2012 ATM vote, I would also like to also see a second item to give the residents the opportunity to undo that vote, if that is their wish, even knowing that would not affect the pending LCB petition.

Thanks in advance.

 

Best,

Pete

 

 

 

 

 

 

 

 

 

1/5 minutes

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Meeting Minutes
January 5, 2016
Chenery Meeting Room draft

PRESENT: Selectmen DeSorgher, Fisher, Peterson; Town administrator Sullivan; Assistant Town Administrator Trierweiler; Administrative Assistant Clarke

Chairman DeSorgher called the meeting to order at 7:00 PM and announced this meeting is being recorded; we want to take a moment of appreciation for our brave servicemen and servicewomen serving around the world especially those in the Middle East.

FYl 7 BUDGET REVIEWS
Town Clerk Carol Mayer remarked that the increase in her budget covers three elections that will be held this year, two primaries and the November presidential election. She went on to report that she is waiting for directions from the state regarding early voting. This will be the first time ever that citizens will be able to cast their votes beginning October 24 for the November 8 election. The Selectmen agreed that Chenery should be used during regular Town Clerk’s business hours for early voting. FY16 budget was 91,340; FY17 request of $102,396.

Selectmen DeSorgher said that perhaps there is a way for the traffic to move more smoothly.  The one in and out of the CENTER’s parking lot is a bit tight. Is there a way for another traffic lane to be established. Mr. Sullivan responded that it may not be as simple as we think to have one way in where it is now and build another lane out north of the parking lot. Town Clerk responded that the new early voting may alleviate heavy traffic for the November 8 election.

Building Inspector John Naff presented his FY17 budget that shows a slight increase to
cover telephone expenses. FY16 128,463; FY17 128,563.

Mr. Naff reported to the Selectmen that as there have been an increase from solar companies leasing roof space for system installation he recommends an increase in building permit fees per panel. These companies find ways to avoiding paying fees. In 2015 there were 23 solar installations as compared to 16 in 2014. New fees proposed: 1-100 panels, $4.00; 101-500 $3.00; over 500 panels $2.00 with a minimum of $400.00. He also recommends that the minimum electrical fee on solar inspections be set at $150.00.

VOTE: Selectman Fisher made a motion, seconded by Selectman Peterson to approve the new fee schedule for solar panels and electrical fee and as recommended by Building Inspector John Naff. Vote was unanimous.

Chairman DeSorgher complimented Building Inspector Naff for the work that you do so effortlessly and upgrading the Inspection Department since your arrival.

January 5, 2016
Page two
PROPOSED SIDEWALK CONSTRUCTION
THE Selectmen feel that it best to have Superintendent Feeney attend the next meeting to discuss sidewalk priorities. They are interested in knowing the cost of constructing a sidewalk from Hospital Road to the Dover town line.

BAY CIRCUIT TRAIL
The Selectmen agree that before they vote on the change for the trail, the State Hospital Master Planning Committee should review and make comment.

TRASH DISPOSAL TONNAGE
Mr. Sullivan reviewed a printout showing total trash weights collected at all schools and the Transfer Station. It was noted that the school’s collection of clothing and shoes can be used for the town’s annual recycling numbers.

ANNUAL TOWN MEETING WARRANT
Mr. Sullivan reviewed a draft of the articles noting that if the selectmen or any departments are considering submitting articles, please act now as the warrant will close at the January 26 selectmen’s meeting.

SELECTMEN REPORT

Mr. Fisher had no report.

Mr. Peterson attended the state hospital master planning committee meeting who are working through the finances to present to the Town; attended the Planning Board meeting listening to the discussion regarding constructing 40 additional units at Tilden village. The Energy Committee had a lively discussion regarding solar projects.
Selectman Peterson queried about a date for the meeting with the Water and Sewerage Board to discuss their budget.

Mr. DeSorgher attended the state hospital planning meeting; met with John Thompson to review the plan to board up the chapel; also met with resident regarding 13 Pleasant Street. He requested that an official charge for the Community Preservation Act Study Committee be complied for their review; queried when Dave Maxson will have his draft letter available for review that will be sent to cell providers letting them know about the cell tower at the hospital site.

Selectman DeSorgher extended condolences to the family of Buck Buchanan who was a dedicated public servant for many years in the Town of Medfield.

ADJOURNMENT

On a motion made and seconded the meeting adjourned at 9:00 PM.

Selectman office hours are this Friday

The Center - winter

Selectman Office Hours on 1/8

This month my regular monthly office hours at The Center will be from 9:00 to 10:00 AM on January 8, since The Center was closed New Years Day, my usual first Friday.

Residents are welcome to stop by to talk in person about any town matters.  Residents can also have coffee and see the Council on Aging in action (a vibrant organization with lots going on).

I can be reached via my cell phone 508-359-9190 or my blog about Medfield matters  https://medfield02052.wordpress.com/, where any schedule changes will be posted.

BoS minutes from 12/15

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Meeting Minutes
December 15, 2015

Chenery Meeting Room – draft

PRESENT: Selectmen DeSorgher, Fisher, Peterson; Town Administrator Sullivan; Assistant Town Administrator Trierweiler; Administrative Assistant Clarke

Chairman DeSorgher called the meeting to order at 7:00 PM and announced this meeting is being recorded. He asked for a moment of appreciation for our brave servicemen and women serving around the world, especially those in the Middle East.

TOWN PLANNER SARAH RAPOSA
Ms. Raposa was invited to the meeting to discuss if zoning changes are warranted due to the increasing number of more than one house being built on single lots in the downtown area. Several residents from the neighborhoods of South, Oak and Pleasant Streets were in attendance voicing their concerns that this double house building is changing the character of the area along with the character of Medfield. They would be in favor of two family dwellings being allowed.

Ms. Raposa responded that at this time it is late to be presented at spring Town Meeting; the procedure for proposed zoning changes takes time. The Planning Board needs to discuss and write the zoning change and hold public hearings. She feels the Planning Board would want to be certain that such zoning change would have full support before bringing it to Town Meeting. Similar change was brought up about five years ago but was defeated.

Selectmen DeSorgher advised the residents attending to call Planning Board members to let them know their concerns with this issue and perhaps a Special Town Meeting could be called to vote on the zoning change. A 2/3 vote is required for a zoning change.

Selectman Peterson suggested that now may be the time to appoint a design review committee to address proposed plans for dense housing particularly in the downtown area.

FY 17 BUDGETS FOR PLANNING BOARD AND BOARD OF APPEALS
Ms. Raposa remarked that the Planning Board’s budget is level funded at $91,963. This budget includes her salary. She said that the Zoning Board’s budget is again level funded as it has been for the past several years at $5,000. Ms. Raposa presented her five year plan for her goals and objectives as the Town Planner that the Selectmen very much appreciated receiving.

FY 17 HEALTH & LIFE INSURANCE BUDGET
Mr. Sullivan presented the budget explaining that health insurance rates will increase by 7% beginning July lst. There is much to plan for taking into account new enrollments; invoices from other areas for retirees; school department new hires and any retirements. A new aspect that needed to be added to this budget is the cost of complying with submitting reports under the Affordable Care Act to the IRS for fulltime employees who work in excess of 30 hours per week.

This will cost the Town about $7,500.00. In addition we have the retiree medicare plans that must be accounted for. Health Insurance budget will increase by $146,413 that is 3.8% over last year’s budget for a total of $4,051,076.

The life insurance budget reflects a slight decrease of $159.00, -1.36% for a total requested amount of $11,554.00.

ELM & PHILIP STREET BRIDGE
Resident Alec Stevens was recognized and he explained to the Board that the masonry wall and wood deck of the bridge is a very real concern as they are beginning to collapse into the stream. It could be 400-500 lbs. of stones that will block Mill Brook. Heavy truck traffic is doing damage to the wall beneath the bridge, so if the wall goes then the bridge will collapse. He continued saying that it is a historic bridge and there really should be a tonnage limit-weight restriction in place. Mr. Sullivan responded saying that he will talk with Ken to do a survey of the bridge and area.

MEETING MINUTES
VOTED unanimously to approve the November 24, 2015 meeting minutes as submitted Mr. Sullivan let the Selectmen know that we are waiting for a confirmation date for the Senator and Representatives to attend the selectmen’s January meeting.

LICENSES & PERMITS
VOTED unanimously to grant a one-day wine and malt beverage permit to the Zullo Gallery for First Thursday events January 7 through June 2, 2016

MOSQUITO CONTROL BOARD
VOTED unanimously to support the Mosquito Control Board FY17 funding and further

VOTED to authorize Chairman DeSorgher sign the declaration

EAGLE SCOUT
The Selectmen received an invitation to attend the Eagle Scout Court of Honor for Mark Lavalle Saturday January 16, 2016 at the CENTER of Medfield.

RECYCLING
VOTED unanimously to award a three-year contract for Single Stream Recycling to E.L.Harvey and Sons according to their bid and as recommended by the Medfield Transfer Station and Recycling Committee

COMMITTEE APPOINTMENT

VOTED unanimously to appoint resident Robert Sliney to the Community Preservation Act Study Committee and as recommended by Town Moderator Scott McDermott

AGREEMENT WITH OPEN SPACE LLC
VOTED unanimously to recommend Town Counsel Mark Cerel draft an agreement between the Town and Open Space LLC for the use of town owned land on Janes Avenue for a municipal public parking lot

CHAPTER 90
VOTED unanimously to sign two Chapter 90 Reimbursement Requests: $11,344.56 for Green Street Project and $42,039.82 for North Meadows, Pine, Winter, Harding Streets project and as recommended by Superintendent Feeney

SIDEWALK CONSTRUCTION
The Selectmen previously advised that School Superintendent Jeff Marsden, Superintendent Feeney and Chief Meaney submit their priority lists for new sidewalks. All three were received.
The Board will review their preferences and advised they will have further discussion at another Selectmen’s meeting.

TOWN MEETING WARRANT
VOTED unanimously to open the 2016 Annual Town Meeting Warrant It was noted that the Selectmen will close the warrant at their January 26, 2016 meeting

SELECTMEN REPORT
Mr. Fisher reported that the Medfield Lions have sold all of their Christmas trees for this season. The Lions appreciate the support of the community and extend a big thank you.
Medfield’s holiday season opened with the annual tree lighting on Friday December 4 and the first Holiday Stroll was a great event with an excellent turnout. Hopefully this will be an annual holiday event. MEMO recently held their Christmas party where resident Colleen Sullivan had a wonderful showing of her photography.

Selectmen Peterson attended the recent Medfield Energy Committee meeting and listened to a presentation of an offer for energy aggregation which means towns will offer residents energy deals at less expensive prices for large groups purchasing good energy.

Mr. DeSorgher said that he discussed the street lights with Chief Meaney and proposed a program called lights on. The Town needs to make sure that any and all lights are on for safety. The chief will have his officers note the street light locations that are out and report those to the Eversource repair site.
Selectman DeSorgher further reported that he had a meeting with several high school students to discuss solar programs at the school. Discussion included the high school principal Robert Parga. He attended the retirement of Kathy Brennan, a member of the Friends of the Library and the celebration in honor of Buck Buchanan’s goth birthday. He agrees that the Christmas Parade and Holiday Stroll were very good events; a High Street resident contacted him about a large tree branch that is on town property overhangs Route 27 creating a safety hazard. He advised that the Tree Warden take a look.
Selectman DeSorgher announced that he will not run for re-election saying that he wants to let the citizens know early to give them an opportunity to take out nomination papers. I feel that I had something to offer Medfield when I ran for selectman three years ago and am leaving feeling confident that I have accomplished the goals I set. I will continue to be accessible until the end of my term. Thank you

ADJOURNMENT
On a motion made by Selectman Fisher, seconded by Selectman Peterson it was voted unanimously to adjourn the meeting at 9:00 PM.

BoS on 1/5

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Tuesday January 5, 2016@ 7:00 PM

AGENDA (SUBJECT TO CHANGE)

7 :00 PM FY17 Budget Review

  • Town Clerk Carol Mayer
  • Building Inspector John Naff

NEW BUSINESS

  • Vote to approve change in Bay Circuit Trail
  • Discuss proposed warrant articles

Other business that may arise