Orange Board of Selectmen Meeting
September 19, 2007
Present: Chairman Steven Adam, Vice Chairman Robert Andrews,
and Clerk Richard Sheridan
Also Present: Town Administrator Rick Kwiatkowski and
Administrative Coordinator Nancy J. Lyman
I. CALL TO ORDER:
Chairman Steven Adam called the meeting to order at 6:30 PM, followed
by the Pledge of Allegiance.
II. APPROVAL OF THE MINUTES – Robert Andrews motioned to
approve the minutes of the September 5th meeting. Richard Sheridan
second. All in favor. None opposed.
III. ANNOUNCEMENTS – Richard Sheridan read emergency exit
information; notice from the Tax Collector’s office concerning
the list of delinquent taxpayers to clarify what was published in
the newspaper. In most cases, those names listed with an “in
care of” (c/o) indicate the property has been sold. The first
name listed was the assessed owner as of January 1, 2006 and the
second name listed (c/o) was the new owner; there is a Walk Your
Kid to School program on Wednesday, October 3, 2007 @ 7:30 a.m.
with a breakfast following; and the Historical Commission is looking
for three new board members.
IV. PERMITS – none
V. ACTION –
6:45 p.m. – Building Department –Brian Gale, Building
Inspector, reported for the Building Department that inspection
requests and permit applications are a little slow because of the
economy, but are starting to pick up. There have been several questions
pertaining to business and residential zoning. There are no major
projects except for the Tully Fire Station. Work has started at
the Getty Lot to clean it up and prepare for the demolition of the
building. Mr. Gale is working with regulators at the State level
on the appeals board hearing appeals for variances. At that level,
there are several engineers that bring in state projects and ask
for non-conforming variances. There is a new Building Code that
started in April for one and two family dwellings. However, property
owners can choose either the new or the old code at the moment.
The new code has issues for residents on the Cape concerning wind
loads and wind blown debris. He also said that it is good that the
western part of the State now has a say in the code. Mr. Gale has
voted on the International Code and would like to have it adopted
for the State. He feels it is more realistic than the State code.
The Riverfront Park building’s foundation is being designed;
the kit has been delivered; and the Highway Department is doing
some of the work. The Bacon Street building damaged by fire has
come down and the area cleaned. Mr. Gale has been working with the
property owner and the attorney to help with sale of the property
because the owner had no insurance. Richard Sheridan asked what
the new building code changes were. Mr. Gale stated that the changes
concerned wind and snow loads. The increase in wind load was creating
hardships for the Cape and there is a task force looking into it.
Snow loads changed from 35 roof pounds to 65 ground pounds and wind
loads from 70 mph to 90 mph with 3 second gusts. He stated that
the International code has lower coastal wind loads. The load for
snow on decks has changed from 40 to 60 pounds per square foot and
then back to 40 because they found that the decks that collapsed
were actually not attached to the buildings correctly. The ceiling
heights have also changed and Massachusetts is different than the
International code. Robert Andrews asked if the number of permits
has increased. Mr. Gale stated that they haven’t for new residences,
and that most permits are for renovations and repairs. The applications
will probably increase when the economy improves. Robert Andrews
asked about zoning and non-compliance issues. Mr. Gale stated that
he tries to follow up on them and that some are grandfathered in.
Unfortunately, this is what takes a good share of his time and is
therefore, quite costly. He would like to find out some dollar amount
that he is allowed to reach before he must take an owner to court.
He tries to work with the owners before it gets to that point. Steven
Adam mentioned that the mornings are getting chillier and that means
people are thinking about alternative heating sources like wood
stoves and the like. Mr. Gale reiterated that residents need to
get a permit from the Building Department before installing any
type of solid fuel stoves. Clearances and going through a wall are
a couple of things that he would be happy to work with residents
to accomplish. A stove permit costs $35 and insurance companies
usually want a certificate of compliance before insuring a resident.
He is just trying to protect the public.
7:00 p.m. Scott Gallagher dba Import Auto –did not show for
his public hearing concerning his Class II License.
7:15 p.m. – Veteran’s Honor Roll –The legal notice
was read by Richard Sheridan. Robert Andrews, Chairman of the committee,
started the public hearing off with comments he read. These comments
are attached. Members of the audience were then asked if they would
like to give recommendations or make comments on the location of
the monument or make any other remarks pertaining to the monument.
? Commander Steve Rowe of American Legion Post 172 said there has
been much progress on the collection of names and that he had been
doing this for 13 years. Three hundred vets had responded to their
survey and the majority recommended the monument be in a place of
dignity, respect and visibility. The site at Memorial Park was the
overwhelming choice. There are already monuments there and there
is a tract of land behind the Peace Statue that is in view of the
Fire Department for safety reasons. The design in Gerard, Kansas
with flying wings allows for many options. He thanked all for coming
and the Board of Selectmen for having this hearing.
? David Frye – Park’s Superintendent – He is pleased
with the progress by the committee and also believes the monument
should be visible to all. Small town America, like Orange, played
integral parts in the war effort years ago by building war paraphernalia
and those who gave the ultimate sacrifice should be memorialized
at the Veteran’s Memorial Park.
? Gerald Wetherby – concurred with Steven Rowe and David Frye
? Justin Lyman – Was in the Marines for three years and also
concurred with the location at Veteran’s Memorial Park. Was
concerned that those who took part in Iraq would not be on the monument.
Robert Andrews stated that soldiers from other conflicts would be
added at a later date.
? Carol Wetherby – Stated she was not a Vet, but still believes
Memorial Park would be the best place for the monument.
? Keith Lyman spoke for Stan Lyman, who was not able to attend –
Mr. Lyman recommended the Memorial Park location but added that
it had to have a really great design.
? Roger Tolman – Also belongs to Orange Legion Post 172 –
He agreed that it should be in Memorial Park on the pathway leading
to the Fire Department.
? Paul Robichaud – Spent 29 years in the National Guard and
also agreed with the Memorial Park location.
? George Willard – Vietman War veteran – He also agrees
with the Memorial Park location and stated that the Kansas design
will be able to accommodate new conflicts.
? Dick Hall – He is for Memorial Park, as well. Had a question
about World War I veterans and where their names would be. He was
told that the Depot Street side has a memorial for them, but the
plaque was stolen. The Peace Statue has an area for World War I
killed in action, not all World War I veterans.
? Rose Marie Thoms – Stated that the area in Memorial Park
was measured and that the design is massive and would overwhelm
the park. She believes it could be better placed in an area all
its own. Robert Andrews stated that he would like to have a visual
made of plywood to be able to figure the size more accurately.
? Robert Colleen – He is a committee member and stated that
we wouldn’t know the exact size until all the names have been
collected. He does agree with the Memorial Park site because it
is a place of dignity and centrally located.
? Andrea Young – Memorial Park is good because there is easy
access for veterans. Children and adults already go there for ceremonies.
She is concerned that there will not be any Iraqi vets on it. They
were called and asked for names and dates of service and should
also be on the monument. Robert Andrews stated that there would
be additional panels that could be added for other conflicts. Steven
Adam stated that there was no disrespect meant, but there is not
enough funding at the moment for additional conflict names. Gerald
Wetherby stated that the names of those who fought and are fighting
in current conflicts would be added once the conflict was over.
? Albert Young - Stated that he was hurt that his name would not
be on the monument soon. Would like to show his grandchildren. He
thought it was not fair that there are protestors out there against
the Iraqi war and there would be no names on it. Steven Adam reiterated
that the conflict would have to be over before the names would be
added.
? John Laughton – Spent two tours in Vietnam – He supports
the Memorial Park site and also supports the Wall in D.C.
? Jean Chase - She concurs with the Memorial Park location.
? Leo Parent – Verified that the conflict has to be done before
names can go on the monument, and that DD214s are the verification
documents. Steve Adam mentioned that Mr. Parent is the Veteran’s
Agent of the year again. Mr. Parent was given a round of applause
by all those in attendance.
? Oli Paoletti – Is in agreement with the placement of the
monument in Memorial Park.
? Robert Colleen – Reminded all involved that the correct
spelling of first and last names is imperative and that middle initials
are also required.
? George Willard – Stated that any name on the original list
would remain, even if they did not enlist from Orange. Robert Andrews
stated that those names would not remain but that the town where
they did enlist would be given their name.
? Gerald Wetherby – questioned whether the names from other
towns may come under scrutiny at the next meeting if they would
remain on the list or not. He felt there seemed to be some differences
of opinion on the committee itself regarding whether names already
on, who happened to enlist from other than Orange, would remain
on the list. Robert Andrews stated that would be discussion for
a later date.
? Keith Lyman – Thanked the committee for all their hard work.
Steven Adam thanked Gerald Wetherby and George Willard for taking
down the old monument in front of the Library and put it away to
protect it since it was deteriorating. Mr. Wetherby stated that
he was glad to have participated and was honored to be in a group
of such dedicated people.
Robert Andrews moved to close the hearing. It was seconded by Richard
Sheridan. All in favor. None opposed.
VI. OLD BUSINESS
Community Development Strategy Draft– Rick Kwiatkowski recommended
that they take the list of projects and prioritize them initially
and then overall for the town. The projects that are completed have
be removed from the list. New items from all departments have been
added. This is the way it was done last year. He requests the board
to add any projects that they feel are missing, then return the
package by the next meeting. He realizes that they will all be different
and suggests that an average be taken. These would need to be submitted
by the end of October if we are looking for any Grants from the
State. Steven Adam spoke of the inflow and infiltration issues in
the wastewater treatment plant and wants to know if there are other
issues the town is not aware of. Could cameras be put through the
sewer system or a survey taken some other way? Rick Kwiatkowski
stated that would be an issue for David Frye or Ed Billiel who possibly
have an overall review of the entire system. He also stated that
the Foundry Street issue is still in play. Robert Andrews stated
that these issues should be discussed as a group and suggested a
meeting on a night when the Board of Selectmen was off session.
Rick Kwiatkowski suggested they all meet on Wednesday, October 10,
2007 at 6 p.m. and this would be open to the public. He also stated
that they could go to the Town Administrator’s office for
information and a narrative that is almost complete. The date and
time was agreed upon by the three members of the Board and the Town
Administrator.
VII. NEW BUSINESS
2. Discussion for Special Town Meeting– Rick Kwiatkowski stated
that this year is going smoothly. All projects are on schedule and
contracts are in final negotiations. However, the Water Department
has two articles that they would like on the warrant if there is
a Special Town meeting. These concern the property for a new water
source on the north side of the river and the purchase of such.
The Cemetery Department also has two items for the Special Town
meeting. One is to transfer money from the Sale of Lots account
to buy back a group of cemetery plots from the Eastern Star Home.
The other is that the lighting in the South Cemetery maintenance
building now poses a hazard and needs to be addressed. Mr. Kwiatkowski
reminds the board that there needs to be 75 people for a quorum
and the cost would be too great and we do not want to have to borrow
like we did last year. He does admit that this would delay the purchase
of the property for the new water source. Mr. Kwiatkowski has also
been informed by Josh Knechtel that he is working on the problem
at the cemetery building. It was also indicated that there would
be a time crunch on getting warrants by the October 3rd meeting
and posted by October 17th. Rick Kwiatkowski, therefore, does not
recommend a Special Town Meeting be held this fall. Robert Andrews
moved to table to Special Town Meeting request unless other emergency
situations arise. It was seconded by Richard Sheridan. All in favor.
None opposed.
3. Route 2A Traffic Count – The traffic count that was held
on the Athol Town Line, 400 feet west of East Road and 250 feet
west of Brookside Road was discussed. It was noted that because
of the new building for the Worker’s Credit Union, another
study will be done in the spring to see if there is any discernable
difference once the bank has been open for a while. Richard Sheridan
was concerned about safety at the Smith Avenue and Route 2A intersection.
It was also noted by Robert Andrews that he was surprised by the
large number of vehicles counted – 10,000.
4. Fiscal Year 2008 Commonwealth Capital Application and Guidelines–
Rick Kwiatkowski stated that this sets forth goals and objectives
for promoting livable communities, zones for permit compact development,
expanding housing opportunities, redeveloping sites and buildings,
protecting land and ecosystems, promoting clean energy, advancing
sound water policies, sustaining working natural landscapes, expanding
transportation choices and promoting sustainable development via
other actions. Our score last year was 108, this year it is 102.
It is ready for submission to the State so that we do not lose out
on any grants. Robert Andrews moved to submit the application. It
was seconded by Richard Sheridan. All in Favor. None opposed.
5. Letter from Franklin Regional Council of Governments - It was
moved to reappoint Rick Kwiatkowski to the CEDS committee by Robert
Andrews and seconded by Richard Sheridan. All in favor. None opposed.
6. Application for Sewer Abatement – Lisa Holst of Orange
has requested a sewer abatement for $48.07. Robert Andrews moved
to approve the sewer abatement of $48.07 to Lisa Holst of 230 West
River Street for the filling of a pool. Richard Sheridan seconded.
All in favor. None opposed.
7. Town Auction to Declare Surplus – Legal notices were placed
in the paper regarding an auction to be held at the Town Barn of
all surplus items and unclaimed property from the Orange Police
Department. The Auction will be held October 6, 2007 at the Town
Highway Department at 526 East River Street @ 10 a.m. Property can
be viewed there starting @ 9:30 a.m. that same day. Terms of sale
are strictly cash only. A list of available items can be viewed
or picked up at the Town Hall, 6 Prospect Street, Orange, Ma. Rick
Kwiatkowski requested a motion to approve any other items that we
have now and may acquire by that date to be included in the auction.
The motion to approve was made by Robert Andrews and seconded by
Richard Sheridan. All in favor. None opposed. Rick Kwiartkowski
stated the old ladder truck will be offered on E-Bay to get the
highest dollar amount possible. This approach has been approved
by the State. Gereald Wetherby noted that the ladder truck will
not have its bell and siren when it goes up for sale. Rick stated
that the new ladder truck should arrive this coming Monday or Wednesday
and will be on display at the safety fair to be held at WalMart
on Saturday, September 29th from 10 a.m. until 2 p.m. along with
Athol’s ladder truck. The building to house the truck is nearly
complete and should be ready in time.
8. Mass DOR letter to Town Accountant – Rick Kwiatkowski
noted that the General Funds amount is low due to uncollected taxes,
but will increase once taxes from residents start coming in. The
enterprise fund was started with $23,000 in seed money and not all
of that has been used. The Capital Stabilization has $200,000 plus,
and the Stabilization fund has $120,000 plus, so it’s not
like the Town has no funds. Robert Andrews stated that the FY09
department budgets will have to be scrutinized closely for what
town departments need and want.
9. Street Sign Request Form - Stop signs were requested by Michael
Gifford of the Orange Highway Department at the intersections of
East River Street and Hayden Street, East River Street and Red Brook
Lane, and East River Street and Shingle Brook Road. Robert Andrews
asked if they were really needed and David Frye said they were.
Motion to approve the request was by Robert Andrews and seconded
by Richard Sheridan. All in favor. None opposed. Gerald Wetherby
questioned when there was a stop sign put at the bottom of Mechanic
Street. The Board had voted that at the last meeting and had been
signed off by the Police Department and the Highway Department.
Mr. Wetherby thought there should be one at the end of Bacon Street
and one at the end of Wheeler Avenue to be consistent. Rick Kwiatkowski
stated he would have the Highway and Police Departments look into
it.
VIII. TOWN ADMINISTRATORS REPORT
• Tax Collector Jeri Deyo has finished all her requirements
and has been certified as a Municipal Tax Collector. She will receive
her Certificate later this year. Steven Adam moved to have a congratulatory
letter sent to her. It was seconded by Robert Andrews. All in favor.
None opposed.
• He has received from Franklin Hampshire Career Centers,
8 pages of career opportunities with 20 per page. They have offices
in the Bedroom Factory here in Orange and one in Greenfield. The
list is available to view or make copies from in the Town Administrator’s
Office, 6 Prospect Street, Orange.
• Celebrate the Harvest plans are moving along well. For vendor
or parade information, get in touch with Ken Reynolds @ 978-544-6139.
The Orange Business Association also has links on their website.
– www.orangebusinessassoc.org.
IX. MUNICIPAL CALENDAR – no discussion
X. PROCESS
• Scott Gallagher dba Import Auto did not show for his Class
II license hearing. Richard Sheridan wants to set time for discussion
of bylaw changes. Does Mr. Gallagher have to go through the whole
process again?
• Reminder that the work session for the Board and Town Administrator
will be October 10, 2007 to discuss the Community Development Strategy
and Class II license bylaws, unregistered vehicles, and questions
to be asked of each new applicant. The public is welcome at this
meeting.
XI. VISITORS – No visitors.
MOTION TO ADJOURN – Robert Andrews motioned to adjourn at
8:30 p.m. Richard Sheridan second. All in favor. None opposed.
NEXT MEETING – October 3, 2007
Respectfully submitted,
_____________________________
Nancy J. Lyman, Administrative Coordinator
