Westminster Board of Selectmen: Monday, November 14, 2011: Shade Tree issue, dog complaint and Special Town Meeting


I had the pleasure of covering this meeting as Jay was out of town. Unfortunately, with no babysitter, I watched it from home, with the ‘can’t hear much from the audience if anyone has an opinion’ audio problem.

After the approval of minutes and warrants, there was an announcement that there will be a Thanksgiving Farmers’ Market held on Saturday, November 19 from 10am – 1pm at the American Legion on Main Street in Westminster.

Contract amendment related to website design

Police and Fire Departments have incurred additional one-time costs for their pages on the new Town of Westminster website. Charges will be paid by respective departments. These change orders only amount to $250 for each department.

Hearings / other scheduled matters

Tree Removal – 46 Carter Road

Donna Brownell, at the meeting as a resident of Carter Road, and who knows a thing or two about the Shade Tree Act, mentioned that it was just 6:06pm and the hearing was not scheduled to be until 6:15pm so the Selectmen skipped ahead and came back to this at about 6:18pm. Board of Selectmen received a letter from Josh Hall, Director of Public Works, who is also our Tree Warden. Two residents had submitted written comments against the tree’s removal. Massachusetts General Law allows the Board of Selectmen to allow or disallow the removal of a tree.

According to National Grid, this tree has created a line of sight issue. Two new utility poles have been installed and National Grid will not put power to the poles until the tree has been removed. All three Selectmen said that they  need more information on this.  In the meantime, Laila said that they would like to hear about any concerns about the removal of this particular tree. According to National Grid, our former Tree Warden had given approval for this tree to be removed. Donna Brownell had some concerns. She said that the Town of Westminster is setting a dangerous precedent by removing a publicly owned shade trees. In the past they were required to have a public hearing before setting a new pole. Donna would like to see any information that the town has about that particular property or that particular tree. Selectman Wayne Walker said that  are the kind of questions that would have been raised if a hearing had been held—although these hearings are open to the public, only abutters would receive notification of the hearing. Betsy Hannula said that everyone appreciates tree-lined roads and stone walls that are visual reminders of the small town character. Donna Brownell  reminded people that almost three years ago National Grid did a wonderful job of clearing after the ice storm—so why is this an issue now? DPW Director Josh Hall arrived at the meeting just in time for questions on the subject of the tree at 46 Carter Road. Josh Hall had spoken with National Grid and they claimed that the previous tree warden approved three trees to be taken down. John Bliss said he did not recall approving those trees for removal. Of the two removed previously, only one was a town-owned tree.

My note: it seemed unclear as to whether the proper procedures had been followed by National Grid. It seems to me that National Grid would not be operating on any kind of gentlemen's agreements and should be able to present documentation of what they were told they can do.

Josh Hall said they had a hearing, which would be required by Mass General Law if there were any objections in writing. Laila Michaud asked why it was approved by the DPW Commission. Donna Brownell claimed that the previous owner didn’t have an issue with sight distance, but the current owner does. Josh Hall said that if this was new construction and the landowner came in for a driveway permit, DPW Commission would have required that the tree would be removed. National Grid wants limbs 10-15 feet away from the power lines. Wayne Walker questioned why they planted the poles in the first place. Power company said tree had been approved for removal. Josh said that doing the research showed that it had not been approved for removal. Wayne says new pole will be closer to the road and more in the line of sight than the tree. Donna asked if the BOS can turn it down. Laila said that yes, they could. Laila moved that they reconvene at a later time when they can meet with National Grid so that they can explain why they are taking, as Wayne called it, this path of ‘most resistance’

Special Town Meeting warrant review

Habitat for Humanity (Article 13)

David Rocheford, Westminster resident and Chairman of the Habitat for Humanity Local Partnership Committee indicated that Habitat is interested in obtaining this parcel but needs to be certain the town can convey it to them before they proceed with any engineering, survey, or perc testing. If approved the article will allow the town to convey the parcel to Habitat and Habitat can proceed with their due diligence. Abutter Jason Runcie stated that he believes that the town doesn’t own the parcel in question. All who spoke on this subject agreed that the exact identity of the parcel still needs to be determined. The article on the Special Town Meeting Warrant is not whether or not the town owns the parcel but whether they should be allowed to convey the parcel once a determination has been made. There is a 10 acre parcel on the east side of Frog Hollow and a 2 acre parcel on the west side, both being taken in tax title by the town in 2001 and both purporting to come from the same deed from in 1822.

Dog complaint recommendation

There was a hearing held last week. Five or six of the complainants did show up, but the owner. Town Administrator Karen Murphy said that there was an acceptable reason why the owner didn’t show up for the hearing, so she wanted to give her another chance. Since then no contact has been made by the owner, so a recommendation will be following from Karen.

Ambulance abatement and software

Legitimate abatement request granted at Chief Brent MacAloney’s recommendation.

Purchase of $25,000software of the ambulance. Capital Planning Committee 2 to 1 to support this article.

Letter from Massachusetts Travel and Tourism

Massachusetts Film Office is looking to engage towns. Steve Wallace has prepared a letter of interest. A few years ago a scene from the movie Shallow Hal was filmed at Wachusett Mountain. The town is hoping that if we officially go on record as a town receptive to hosting film companies, we can take better advantage of having advance notice of production.

Executive session to discuss Collective Bargaining.

Jennifer Shenk

Jen has combined her love of writing, connecting with people in the community, technology, helping in local classrooms and the community (as well as working from home) to publish Community Vine, an electronic magazine for and about Westminster, MA and the surrounding area. Community Vine empowers members of our community to get involved with local efforts to help others.

Jen grew up in Templeton, MA and graduated from Monty Tech and Franklin Pierce College with a BA in graphic design and sociology. She previously worked for Little, Brown and Company Publishers in Waltham, MA but has spent the past 13 years raising 6 kids, living in Westminster and volunteering in town and in Westminster's schools. She is currently on the Board of Directors of the Ashburnham Westminster Foundation for Academic Excellence.

 

This day in history...

This Day in History
  • Adams-Onís Treaty: Spain Sells Florida to the US (1819)
    In the early 1800s, tensions between the US and Spain were increasing over border disputes in North America. With Spanish power in the New World declining, it was widely believed that Spain would lose land to the US. The Adams-Onís Treaty settled the dispute by attempting to draw clearer borders, roughly granting Florida and Louisiana to the US while giving everything west of Louisiana to Spain. The US did not pay Spain directly for the new land. Instead, it compensated Spain in what way? Discuss
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Word of the day

Word of the Day
  • thaumaturge
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    SYNONYMS: necromancer, sorcerer, wizard, magician.
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    Discuss

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Quote of the day

Quote of the Day
  • Thomas Aquinas
    "Faith has to do with things that are not seen and hope with things that are not at hand."
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