Pursuant to notice duly filed with the Town Clerk, a meeting of the Select Board was held at 7PM in the Town House Hearing Room. Present were Alice Kaufman, Chair; Michael E. Lawson, Clerk; Jane Hotchkiss, Steven Ng and Carmin C. Reiss. Also present was Christopher Whelan, Town Manager. Ms. Kaufman called the meeting to order and announced that it is being recorded. CONSENT AGENDA Town Accountant s Warrants Gift Acceptance: Friends of the Concord Free Public Library $3,500 to the Library staff gift account travel, conferences, and professional development One Day Special License: All Alcoholic Beverage License for Concord Museum Gala on April 2, 2016 from 6:30PM 11PM at Concord Country Club, 246 ORNAC; Wine Beverages License for Newbury Court/ New England Deaconess for Resident Art Auction on March 17 from 5:30PM 7:30PM; Wine & Malt Beverages License for Concord Children s Center 40 th Anniversary Gala and Auction on April 9 from 6PM 11PM at Concord Country Club Extension of Hours: Concord Restaurant Group LLC d/b/a Woods Hill Table at 24 Commonwealth Ave. to remain Open April 2, 2016 until 4PM; Saltbox Kitchen at 84 Commonwealth Ave. to remain open on March 4 and March 11 until 11PM Upon a Motion duly made and Seconded, the Board UNANIMOUSLY VOTED: to approve the Consent Agenda as read. TOWN MANAGER S REPORT 1. Marcia Rasmussen Director of Planning and Land Management reports that the Bruce Freeman Rail Trail 100% Design drawings have been received and will be posted on the Town website. 2. The 50% Design Plans for the School Bus Transportation Facility have been received and are being circulated to school officials. CPW anticipates 100% plans by March 1 and responses to a successful RFQ by Town Meeting. 3. The Town Meeting Hearing on the Enterprise Budgets will be on February 29 in the Town House Hearing Room at 7PM. 4. The Town Clerk reports that absentee balloting will continue until noon on February 29. 5. Concord Public Works reports that traffic calming proposals for the Church St. and Commonwealth Ave. intersection will be reviewed with the West Concord Advisory Committee and the West Concord Green Thumbs. LIAISON REPORTS 1. Mr. Ng stated that the next HATS meeting in Lincoln on February 25 would hear a presentation by the Lt. Gov. and include information on proposals to increase funds for affordable housing tax credits. 2. Ms. Reiss stated that the Town has received the annual report from Pam Hill, the Town s representative to the MassPort Community Advisory Committee. The CAC is comprised of 35 towns. The year has been spent in developing bylaws and creating an executive committee. The next item to tackle is the mission statement. Ms. Reiss will submit the report to the Annual Town Report. POLE PETITION HEARING CMLP AND VERIZON NEW ENGLAND VOTED: to open the hearing. Call to Order Consent Agenda Town Manager s Report Liaison Reports Pole Petition 1
Jeff Cosgrove, CMLP Electrical Engineer, was present to seek approval for a petition to relocate pole #22 on Old Road to Nine Acre Corner at the end of the Concord Country Club driveway. Abutters were notified about the hearing and Town Departments reviewed the petition for necessary conditions. Discussion included: the new pole will be across the street from the current location; the maximum space between poles can be as much as 300 feet; service to the club could be interrupted for two to three hours during the project; the old pole will be removed; there was no public comment. VOTED: to close the hearing. VOTED: to grant permission for CMLP and Verizon New England to relocate a utility pole ten feet north east from its present location and to a point approximately two feet from the edge of pavement in accordance with plan #15-0930 dated September 30, 2015 and filed with the Select Board as noted in the Order dated July 22, 2016. ESTABROOK WOODS PARKING RESTRICTIONS ASSESSMENT Chief O Connor was present to update the Board on the trial parking restrictions at Estabrook Rd. The trial period lasted 60 days; the purpose of the restriction was to improve safety and allow time to gather information on current conditions. No parking was permitted between Barn s Hill Rd. and the culvert, due to the narrow roadway. During the trial, the Police Department took very few calls on the issue, but some tickets were issued. During the period, the condition of the road was fine and use was limited; the major issue was a parking peak problem on mornings and weekends. Perhaps people were diverted to the Chamberlin Woods entrance where there are no marked spaces and off-road parking. Before considering adding parking to the Estabrook Woods area, the Chief stated that he would work with CPW on road improvements necessary. Chief O Connor stated that his recommendation to the Board was to extend the trial period another ninety days to allow time for better understanding of the impact on neighbors, the environment, and the roadway. Mr. Whelan stated that it could take as much as six months to assemble a group and analyze the overarching issue of the use of Estabrook Woods. Access is a short-term focus of signage, leashing animals, and courtesy toward users and landowners. Ms. Reiss stated that in her opinion, the issue is much broader than access alone and includes education, safety, engineering, environment, and landowner rights. PUBLIC COMMENT Penny Rodday of Pond View Lane stated that she has used the Estabrook Woods for 35 years and feels badly about the current situation. She is not in favor of widening the road to provide more parking or directing users to other locations. Susannah Kay of Estabrook Rd. stated that for the majority of time current parking is fine and adding parking spaces will not solve the problem. VOTED: authorize Police Chief O Connor to extend the temporary parking restrictions at Estabrook Rd. for up to an additional ninety days at his discretion. FORMATION OF ESTABROOK WOODS PUBLIC ACCESS COMMITTEE Estabrook Public Comment Estabrook Committee 2
Ms. Kaufman stated that it has been suggested that the Board charge a task force or working group of interested stakeholders to advise the Town on equitable and reasonable solutions for parking in this sensitive area. Mr. Whelan stated that staff from Public Safety, Public Works, Planning, and Natural Resources could be very helpful to such a group. In addition, questions could be directed to the parking consultant through the Planning Director. Ms. Reiss listed the issues for study to include: access to parking, dogs and dog waste, environmental impact, signage, trail network, use of social media to advertise the area, whether there should be resident only parking in the area, and conditions on use imposed by landowners. In sum, the overarching issue is one of stewardship. Ms. Hotchkiss stated that the common thread in the discussion is communication. This requires a process to link a variety of landowners and users. For the most part these folks are supportive of the conservation ethic and trails maintenance and access they enjoy. Mr. Lawson stated that the primary focus of the Estabrook Committee should be to fix the access issues that have been brought to the Board s attention as having a severe impact on the neighborhood. In his opinion, the committee should reconcile the impacts on landowners and users before moving to signage and dogs. PUBLIC COMMENT Patricia Geyer of Estabrook Rd. stated that she encouraged a broad focus as access is too limiting. In addition, there is safety and heritage to consider. Brooks Reed of Estabrook Rd. stated that access over private land is the issue. The owners gave up financial value in the conservation restriction and had certain conditions in mind that should be reviewed by the access committee. Penny Rodday of Pond View Lane stated that the Natural Resources Commission should be included in the review as they manage much of the conservation land, Anna Winter of Estabrook Rd. stated that she thought a broad-view access committee was on target and would provide an opportunity to address issues together. Perhaps maps of the area should be altered to show that the only Town-owned land is off Monument St. The committee should reach out to landowners about trail access to try to reach consensus. There should be continuity in signage and trail connections. Ms. Reiss volunteered to work with the Town Manager to begin to draft a committee charge and scope for the Board to review at its meeting of March 14. Once charged, the committee would meet Open Meeting Law requirements of posting, agendas, and public comment. In addition to the large Concord landowners in the neighborhood, Estabrook Woods runs into Carlisle as well and the conservation commission could have an opinion. SPECIAL MUNICIPAL ELECTION APRIL 14, 2016 Town Manager Chris Whelan recommended to the Board that it sponsor a Special Election to enable the Town to vote on three appropriation articles to be decided at Town Meeting. Calling the election now will enable the election to occur before school vacation begins. The issues to be addressed are the Regional High School landfill remediation, the bonding of the school transportation facility, and the Town s share of the Minuteman High School construction bonds. All three appropriations are subject to Proposition 2 ½ Debt Exclusion vote. The questions will be voted upon by Annual Town Meeting. VOTED: to Call a Special Municipal Election on Thursday, April 14, 2016 for the purpose of Debt Exclusion votes with the language of the Ballot Questions substantially as noted in the draft ballot prepared by the Town Clerk and dated February 22, 2016. MILLSTONE DEVELOPMENT AGREEMENT 3
The Town Manager stated that the agreement completes the process to secure one unit of affordable housing in the development at 1888 Main Street. The Concord housing Development Corporation has contributed $100,000 to lower the price and make one unit more affordable. VOTED: to authorize the Town Manager to sign the Regulatory Agreement for the Millstone Concord Development. ENERGY COMMITTEE CHARGE Mr. Ng stated that the discussion on this topic has evolved well. Many in the community have professional energy-related expertise or backgrounds in sustainability that could assist the Town in developing a plan for the future. Ms. Reiss expressed her appreciation to Ms. Kaufman and Mr. Lawson for investing time and energy in this committee charge. While there will not be results by Town Meeting, the goal is to have something that can become a component of the Comprehensive Long Range Plan. VOTED: to adopt the Charge of the Energy Future Task Force substantially as discussed and to begin staffing the committee. POSITIONS FOR ANNUAL TOWN MEETING VOTED: to recommend Affirmative Action on the following: #8 Home Rule Petition to Establish a Concord Senior Means Tested Property Tax Exemption #18 Minuteman building Project Approval in the amount of $144,922,478 #20 Community Preservation Committee Appropriation item G in the amount of $12,000 #33 Historic Districts Map Amendment #34 Zoning Bylaw Amendment Combined Business/Residence #35 Zoning Bylaw Amendment Residential Uses #36 Zoning Bylaw Amendment Planned Residential Development Diversity of Dwelling Units #37 Zoning Bylaw Amendment site Plan Review for Religious Uses, Educational Uses, and Child Care Facilities #38 Zoning Bylaw Amendment Flood Plain Conservancy District Boundary #39 Zoning Bylaw Amendment Flood Plain Conservancy District #40 Zoning Bylaw Amendment Agricultural Uses #42 Zoning Bylaw Amendment Dimensional Regulations, Residence District Maximum Floor Area Ration & Nonconforming Single and Two- Family Residential Structures. #43 Sign Bylaw Amendments ATM Positions VOTED: to make a recommendation at Annual Town Meeting on the following: #41 Zoning Bylaw Amendment VOTED: to recommend No Action on the following: #29 By Petition Removal of Parking Meters #30 By Petition Snow Removal from Sidewalks COMMITTEE NOMINATIONS Nominations 4
Mr. Lawson nominated Carol Aronson of 7 Wright Farm, Ingrid Detweiler of 99 Martin Rd., Miguel Eschavarri of 255 Commonwealth Ave., Abraham Fisher of 400 Hayward Mill Rd., Jean Goldsberry of 39 Riverside Ave., Robert Grom of 141 Mildred Cr., and Dorrie Kehoe of 51 MacArthur Rd., all to the Public Private Partnership Study Committee for terms to expire May 31, 2017; Marylynn Boris of 352 Thoreau St. and Lee. S. Smith of 536 Hayward Mill Rd. to the Concord Housing Development Corporation for terms to expire May 31, 2019. COMMITTEE APPOINTMENTS/REAPPOINTMENTS Upon a Motion duly made and Seconded, the Board UNANIMOUSLY VOTED: to nominate and appoint Trish Ng of 12 Dalton Rd. and Thomas Valle of 612 Bedford St. to the Public Ceremonies and Celebrations Committee for terms to expire May 31, 2021. VOTED: to appoint and reappoint Election Officers as proposed in the Town Clerk memo of February 19, 2016. ADJOURNMENT On a motion duly made and seconded, it was: VOTED: To adjourn the Open Session and enter into Executive Session to consider litigation matters that would be compromised if the discussion was held in open session not to return to Open Session. Alice Kaufman Jane Hotchkiss Michael Lawson Steven Ng Carmin C. Reiss The meeting adjourned at 10:15 p.m. Respectfully submitted, Appt./Re-appt. Adjourn Michael Lawson, Clerk 5