Select Board Meeting 09/24/2024

The Select Board discuss the Warrant Articles to be voted on during the Special Town Meeting on October 1st, 2024.

The Select Board met Monday, September the 24th. Attendance included Chairman Patrick Holland, Eric Ryder, James Mackey, Mark Kratman, and Town Manager Richard Montuori. Absent from the meeting was Select Board Member, Jayne Wellman.

National Grid / Verizon Joint Pole Petition on Shawsheen Street  ( #308O5613 – Continued from a previous meeting )

Speaking on behalf of National Grid, Alex Birdsong sought approval for three utility poles in the public right-of-way for the developments at 1600 Shawsheen Street and 1500 Shawsheen Street. Open discussion began with Eric Ryder, who had no questions for the speaker. When James Mackey asked if any poles would be abandoned during this addition, Mr. Birdsong confirmed that all existing poles would remain in place and continue to be active.

Mark Kratman called on Kevin Hardiman to address any concerns about whether the new poles might obstruct snow and ice removal on the newly installed sidewalks. Mr. Hardiman noted that he had already reviewed the sites with a National Grid representative and clarified that the new poles would be located outside the sidewalk area, thus not impacting snow operations. Emphasizing the importance of maintaining safe access and walkability on the sidewalks, Mark Kratman asked Kevin Hardiman to remain mindful of this necessary clearance when reviewing all future utility work. Patrick Holland had no questions and offered the public a chance to speak on this petition.

No members of the public moved to speak, and there was a motion to close the public meeting. Eric Ryder made the motion to approve the pole petition by National Grid and Verizon for Shawsheen Street. James Mackey seconded the motion. The four board members in attendance voted in favor unanimously.

Residents: $4,000 Water Bill

Jay Belini of Patricia Drive approached the board to discuss a shocking and unexpected increase in this month’s water bill. Bringing documentation of his usage from 2020 through 2024, Mr. Belini noted that his water usage and bill had remained consistent until he received this most recent statement of approximately $4,000. Seeking answers and assistance, he had already reached out to Mr. Kevin Hardiman and Mr. Richard Montuori to check his water meter.

Mr. Belini mentioned that his pool did not require any refilling this year, and he had scheduled an inspection of his lawn irrigation system, confirming that the lines were not leaking. He also hired a plumber to search for leaks in his house. With no apparent cause for the spike in his usage and bill, Mr. Belini was looking for assistance with this problem.

Mr. Montuori assured the board and Mr. Belini that he would review the data and discuss the matter with Mr. Delaney and Kevin Hardiman on Thursday, and they would get back to Mr. Belini by the end of the week. There were no other public comments on this matter.

New Business: Trick-or-Treat Hours 2024

A motion for Halloween Trick-or-Treating to occur on Thursday, October 31, 2024 between the hours of 6:00PM until 8:00PM was made by Mark Kratman and seconded by Eric Ryder. This was passed with a unanimous vote.

Trahan School Reuse Discussion

Patrick Holland put this item on the agenda to gauge the board’s thoughts about last week’s presentation. He opened the conversation in favor of the opportunity, noting that for $2 million, the town would only receive a vacant lot after the teardown, whereas for $4 million, the community could gain 46 new units, which he considered a reasonable ask.

Echoing Holland’s favorable view on the project, Mark Kratman reiterated his support. He pointed out the lack of senior housing and the current eighteen to twenty-five year waitlist, making this a necessary priority. With land and a building we already own—capable of being reused rather than torn down—located in a suitable area, this would present a wonderful opportunity.

Kratman noted that while this housing was open to all Massachusetts residents, seniors historically tended to settle in the communities where they have spent the majority of their lives. They often choose to stay local, in the areas they are familiar with. Following this logic, he was confident that this new development would attract a majority of applicants from Tewksbury, as well as some from Wilmington. He also emphasized that senior developments do not significantly impact traffic patterns, as these residents are often retired; couples tend to downsize the number of vehicles they own, and some elderly residents may give up driving entirely.

James Mackey expressed his preference to see the proposal reimagined with the minimum number of proposed units, rather than the maximum of fourty-six shown. He also wanted to discuss the number of subsidized and affordable units. The presenters had indicated a willingness to work with the town and adjust these numbers if requested.

Through Mr. Holland, Mr. Mackey inquired whether Mr. Montuori had received any updates regarding the other proposal which did not attend last week’s meeting. Richard Montuori replied that there had been no response when the town reached out to schedule a meeting for September 17th. The applicant later followed up, asking when they would hear from the town. The town reached out to reschedule, but nothing had been arranged to date.

In closing, Mackey asked, “When are we planning to make a decision on this?” Patrick Holland stated that he was aiming to get a motion to move forward in the process that evening – not to approve it, but to start negotiations. Mackey thanked Holland for the clarification.

Recounting the ‘sweet spot’ of success identified in the presentation as falling between forty-five and fifty-five units, Eric Ryder expressed his interest in seeing a rendering for fifty-five units. Overall, Ryder had found the presentation to be excellent and considered it a great opportunity. He would like to see additional renderings while also allowing Mr. Montuori to move the project forward through ongoing dialogue. Ryder noted that they would like to secure approval from the Town Manager around November, so they could get in the queue and begin the process.

Mr. Holland asked how best to move forward at this stage. Richard Montuori cautioned against approving the proposal just yet, instead he recommended that discussions and negotiations be authorized. He suggested reviewing both the minimum and maximum units, as well as addressing any other questions before the next meeting on October 22, 2024. They could aim for approval at that time, based on the final agreement.

Mark Kratman made a motion to grant the Town Manager authority to negotiate with the applicant regarding the reuse of the Trahan building. Mackey seconded the motion, and a unanimous vote followed in favor.

In closing, Mr. Kratman requested to see how the number of affordable units in this plan would affect the town’s current standing of 10.04%, suggesting that it could potentially increase to 10.2% or 10.4%, depending on the minimum or maximum number of units. Mr. Montuori confirmed he would provide those numbers.

Retail Marijuana Application Process Discussion

Mr. Montuori detailed that the town currently has one retail marijuana license. There is one applicant who has been in the process for about a month, and another potential applicant who has held a town meeting but has yet to submit a formal application. The town is currently facing a legal issue with a prior applicant who did not receive a license and is seeking an injunction to halt the process until further court proceedings are completed. The Select Board will need to wait for a response from the court before granting the license, which they expect to receive sometime in October.

In the meantime, the Town Manager inquired how the Board would like to proceed with the current and future applicants. If the Board chose to schedule hearings for both applicants together at the same meeting, the future applicant would still need to go through the Planning Board and the site plan approval process first. If they waited for that process to be completed, however, the current application could be delayed further. Mr. Montuori recommended hearing both new applications simultaneously, alongside the second applicant’s Planning Board process.

Patrick Holland stated he did not have a problem with hearing both of them, as long as the applicant who hadn’t gone through the Planning Board process still had an application and a hearing date. Montuori confirmed this is how they have handled it before, as long as the applicant had begun the application process.

Eric Ryder asked for clarification from the Town Manager.  “My understanding is, if we do start to hear the injunction … ultimately, the court case would push to have an injunction so we can’t hear any further.” Richard Montuori confirmed, and clarified this was why they needed to plan now. It was noted the board would know for sure by October, if there were to be an injunction. Mr. Ryder deferred to legal council to tell them if the situation would create a conflict. Montuori confirmed no license would be granted until after the court ruled on the injunction. 

Patrick Holland asked for further clarification on the effect of the potential injunction, on whether it would deny the hearing of an application or deny the giving of a license. Monturoi confirmed the injunction would be to not hear any license. Ryder reiterated his concerns of potentially putting the town in jeopardy by hearing these current and future applicants. Mr. Monturoi stated, “The administration’s not recommending you hear any applications at this point until we hear back from the courts, until Town Council says we can.” James Mackey confirmed to defer to Town Council as no decision could be made until they hear back from them.

Mark Kratman had a different perspective. Having the current applicant wait for the incoming applicant so both could be heard together could pose unnecessary or prolonged waiting for the current applicant, especially if the future applicant didn’t follow procedure. He recommended for the incoming applicant to move forward with their process as allowed by council, and if they were ready in time to be heard, following the court’s ruling, then both applicants would be heard together. However, if they were not ready, they should hear the current applicant alone. Mr. Monturoi noted this was fair and Patrick Holland ended the discussion.

Tewksbury Affordable Home Bill, Request for Funding for 97 Florence Avenue

Bruce Panilaitis, Vinny Fratalia, and James Kenney last appeared before the board regarding this project in August 2022. After the transfer of the property at 97 Florence Avenue, the existing house was demolished, and they are currently working to replace it with a single-family home. Fratalia explained, while the original plan aimed for completion by the end of 2024, it now looked like the timeline would extend into the spring of 2025. The Affordable Housing Trust Fund covered back taxes on this property, and they were before the Board seek additional support.

Mr. Fratalia provided an overview of the property, which had been vacant for 15 years. The home was in poor condition, filled with junk and hazardous materials, including an oil tank and asbestos. They successfully mitigated the asbestos but encountered challenges finding a contractor willing to take on the demolition due to the building’s proximity to the neighboring property. There wasn’t enough clearance for heavy machinery, but they eventually found a contractor who dismantled the entire building by hand.

After the demolition, they were able to reposition the new building to provide 15 feet of clearance on both the left and right sides, making it compliant with current zoning regulations. They removed overgrown trees and engaged local companies for site work, foundation, and sewer tie-in. Additionally, they reached out to Shawsheen Tech, which expressed interest in handling the electrical and plumbing work once the framing is completed and the building is weather-tight. They are also keen to coordinate some finish work when the time comes.

This new home would measure 20 feet wide by 28 feet long and would contribute to the town’s affordable housing totals while generating additional tax revenue upon completion.

Bruce Panilaitis shared a spreadsheet outlining the next steps and future expenses for the project. The framing has just started, with plans to make the house weather-tight before winter. This would allow them to tackle all the rough plumbing, electrical, and HVAC work during the winter, with the goal of completing the house by spring. Next summer they would see the lottery for family selection, in collaboration with the Housing Authority.

When discussing the budget and expenses, Mr. Panilaitis noted that the asbestos abatement alone cost $36,000. They expressed gratitude for the permit fees that the town had waived for this project. Moving forward, they planed to budget with the assumption that there would be no additional donations of money or labor, although they do expect some support to come in.

With the work completed so far, they still have just under $288,000 worth of work remaining, but only $145,000 in the bank, which they plan to spend down to zero to complete the project. This leaves them with a deficit of $142,000. In the past, they have received funds from the Housing Trust Fund and Mr. Panilaitis suggested an initial distribution of $45,000 to keep progress moving. Once they confirmed that those funds had been utilized, with receipts and invoices provided to Steven Sadwick in the Town Manager’s Office, they hoped to initiate another distribution.

They also applied for a grant through St. Gobain and explored other funding options. Collaborating with Shawsheen Tech would help lower costs, but it was noted no formal agreement had been signed yet. At one point, they considered taking out a loan but found it to be far more complicated than simply receiving funds and agreeing to repay them. If they received a gift of $145,000, any proceeds from selling the home as an Affordable Housing Project would be returned to the town as a donation or gift.

James Mackey was pleased to see so much progress and had no objections to the request for funds. He suggested a reimbursement of expenses already incurred instead of an upfront distribution, noting that they currently had $145,000 available in their account. Bruce Panilaitis pointed out that this had not been their typical approach in the past, but they were willing to comply with whatever the board required. His concern was that they had outstanding expenses, and the available $145,000 would decrease significantly in the next two weeks when they paid for the foundation and purchased supplies for the framing, windows, and roof. A delay in buying supplies would lead to a delay in labor, which could push back the timeline. Having the funds upfront would help keep everyone on schedule.

Mackey asked the Town Manager how quickly they could turn around the recent expenses, and Montuori replied that if he had the paperwork in hand by Thursday, a check could be issued as soon as the following Thursday. Mackey then asked the team if they could successfully move forward with this adjustment. Mr. Panilaitis confirmed that they could, and Mackey thanked him and wished them good luck.

Kratman expressed his enthusiasm for the project, complimenting their efforts to pursue the most affordable way to build the home. He acknowledged that even with discounted and donated labor, the costs of materials would continue to accumulate. Mr. Kratman sought clarification that the bank balance of $145,000 was designated solely for this project, which was confirmed. He noted that $145,000 was a reasonable request and would be just a fraction of the current balance of $5 million in the Affordable Housing Trust Fund. While he understood Mackey’s suggestion of reimbursement for funds spent, he wondered what the best approach would be. With Fall well underway, he expressed concern that the weather could halt progress as soon as November, and he would hate to see delays caused by waiting for funds, as even one week could be crucial at this time of year. He suggested the possibility of gifting the first $45,000 upfront, with later payments being reimbursed.

Bruce Panilaitis confirmed that this method mirrored his proposed plan and would certainly be an easier path for them, though they could adapt if necessary. The subsequent reimbursements after the initial $45,000 would come in increments of $25,000, up to four requests to reach the remaining $100,000, if needed. Mark Kratman stated he was ready to hear from the rest of the board regarding this decision but personally had no objections to gifting the $45,000 upfront as requested.

Patrick Holland agreed with Mr. Kratman, expressing no reservation with providing the money upfront, noting in the long run, the town was getting it all back anyway.

Eric Ryder also expressed his enthusiasm for the project and the opportunity it provided for a family to achieve homeownership. He fondly recalled how, in past projects, the selected family had donated time toward the end of the build. He asked if there were plans to include the new owners this time. Bruce Panilaitis responded that it all depended on the timing. When they partnered with Habitat for Humanity, that had been a requirement. However, when they completed the house at 1047 South Street, the home was finished before the family was chosen. If there is a gap between when the family is selected and when the house is completed, that would be a possibility; but if there were delays with the lottery or the house was finished sooner, there would be less for them to do. Ryder appreciated the idea of the new owner contributing “sweat equity” to their new home and approved of the funding being distributed as requested.

Before the vote, Vinny Fratalia interjected that the $145,000 outlined in this presentation was actually $130,000, as he needed to cut two checks early that day for lumber and the foundation. He emphasized that time was of the essence and money would be moving fast. They do not want to risk any delays as Shawsheen Tech is likely to jump on a different project if this next phase is not completed in time.

He also wanted to acknowledge MattGinsberg’s considerable help on this project. Matt volunteered to be the general contractor, which helped get the permits started. Matt has many contacts and has coordinated some contractors as well. Mr. Fratalia confirmed this group was all volunteers, including Ginsberg. The contractors are paid but, Bruce, Vinny, Kenny, and Ginsberg are volunteering their time and are not paid. 

Mark Kratman suggested providing more money upfront than initially requested by combining the gifted $45,000 with the next disbursement of $25,000, making the initial distribution $70,000. He stated they could come back to request the remaining $75,000 if and when needed, but he put forth a motion to approve the entire $145,000 requested. Eric Ryder seconded the motion, clarifying that they would not need to petition the Board for the subsequent funds up to $145,000. They could receive those additional funds administratively but would need to return for Board approval only if they went over budget and required additional funds beyond the approved $145,000. A unanimous vote of 4-0 in favor of the motion passed. The Board wished them good luck, and Mr. Ryder expressed interest in touring the home once it was completed.

Water Abatement and Water Meeting Discussion

Per Mark Kratman’s request to add this to the agenda, he opened the conversation regarding the elevated number of water main breaks that had been occurring in town. He noted that this issue was not due to anything the DPW was or was not doing, but rather the result of aging infrastructure that needed repairs and replacements. When these breaks generated brown water, residents had been instructed to run their water to flush the sediment from their pipes. However, residents were charged for the water the town advised them to run, which could push a household into a higher tier of rates. A water bill would be not only affected by the cost of the flush, but also by the excess usage, potentially increasing the rate for all water consumed during that billing cycle. Currently, there is no policy for granting an abatement for this excess water usage following a main break. Kratman wanted to discuss the possibility of creating such a policy.

Eric Ryder agreed that this was a significant issue for residents, noting that the last major water main break had a town-wide impact and took several days to resolve. He proposed creating a policy that would allow a credit of $15 to $18 to be issued on a case-by-case basis following significant events. While this gesture might not be perfect, it would be a step toward demonstrating to residents that their concerns had been heard and that the board was working on their behalf to make improvements.

James Mackey asked Mr. Hardiman a series of questions regarding current abatement policies, the best practices, and a request for better education and communication for the public. Richard Montuori clarified that providing an abatement following a watermain break for water flushing is not something the town has done in the past.

Hardiman explained the current abatement policy is currently for leaks only. “We can see indication within our metering software when the leak occurred. And then we calculate what the leak volume is.” They traditionally abate half of the additional sewer cost. Mackey queried if this process was congruent with peers. Hardiman confirmed, “There are some communities that do not provide abatements at all because they feel it’s the homeowner’s responsibility to maintain their property, their system, their portion of the system. There are other communities that set a standard where you’re only eligible for an abatement if your water bill exceeds double what it was previously.”

Mackey added that the town will be installing about half a million dollars in smart readers which will provide cleaner data for abatements. Hardiman confirmed “the current software we have provides us readings about every four hours. The new software it’s every 15 minutes.” This new software would be able to provide thresholds for notifications, providing the homeowner with a lot more control.

Currently there are challenges of pinpointing the exact usage that isolates flushing following water main breaks. It is not an exact science and they need to compare usage data and generate estimates.

There was concern about being consistent on how the town handled this issue and the precedent it would set by offering this abatement, and the potential for paying out on false claims.

Mackey added that he would like to see more educational information on the website, covering topics such as why residents should avoid running hot water during a water main break and how to use the new smart meters.

Patrick Holland would like to see the water abatement policies for our neighboring communities to compare at the next meeting on October 22, 2024, and the group agreed to keep the discussion open on improving the abatement policy, providing more clarity regarding the calculation of water rates, and better communication about water main break line flushing. 

Special Town Meeting Warrant Articles

Article 1: Raise and Appropriate $733,084 into FY 25 departmental budgets to adjust those budgets based on need and projected deficits and items that came up after the budget was put together. 

Town Manager Salaries, Town Manager Professional Service, Computer Services Salaries, Assessors Salaries, Town Hall Leases and Contracts, Community Development Salaries, Police Overtime, Police Leases and Contracts, Fire Salaries, Fire Overtime, School Salaries, School Operating. 

Mr. Montuori discussed the details with the board: “Because of additional state aid, we had $469,326 in additional net state aid, we’ve also have $1,150,000 in additional projected new growth, which has allowed us to have an additional $1,619,326 to appropriate at this town meeting, this warrant article specifically uses part of that funding of $733,084 to place into the following line items in the budget.”

$30,000 was noted to build out of Open Gov Online Permitting and licensed software for the planning department. The Open Gov permitting and licensing software is funded within the town manager’s professional salaries. They did not budget properly for the annual car allowance for assessor salaries, the longevity retirement incentives for those in the assessment department, or the retirement incentive for the chief assessor, who is planning to retire in April.

$50,000 was designated for police leases and contracts, $17,000 for overtime tracking software. He noted there was new software that was not working, so the 17,000 would still need to be allocated.

Kratman asked for clarification on the retirement salaries. Montuori explained there is a ‘retired incentive’. Some of the budget is retroactive based of the timing of when the claim was told to the community.

Mark Kratman motioned to adopt, and Eric Ryder seconded. The article passed with a unanimous vote of 4-0.

Article 2:  To see if the Town will vote to transfer from certified General Fund Free Cash a sum of $536,362 to be expended by the Town Manager to fund the following, or take any other action relative thereto:

Short-Term Interest Center Elementary School Project, School Internship Program, Ambulance Computers, Munis Training, Evaluation, and Module Implementation, Police Station Improvements, Repair to Seagraves Engine, Multi-purpose All Season Machine, Equipment Trailer, Asphalt Paver Trailer, Senior Center New Boiler, Facilities and Grounds Water Trailer, Facilities and Grounds Lawn Mower.  

Mr. Montuori discussed the details with the board. He clarified there was a little over $3.5 million they were still awaiting reimbursement from the MSBA. MSBA hasn’t provided a final reimbursement and the board is awaiting a finalized the audit.

Kratman highlighted, “We should also be keeping track of, we’re making investments in our equipment, and these ambulance going up and down to the Tewksbury State Hospital on a regular basis…so that we can show from the state, when we’re looking for reimbursement ,that we’re putting these costs.” He also confirmed he would like an attachment for salting for the “all purpose machine” for clearing snow and salting sidewalks.

Both Kratman and Ryder confirmed the replacement of the boiler at the Senior Center.

Eric Ryder motioned to adopt, and Mark Kratman seconded. The article passed with a unanimous vote of 4-0.

Article 3: To see if the Town will vote to raise and appropriate the sum of $23,998.69 the following outstanding bills from the previous year; or take any action relative thereto:

Treasurer/Collector to Ricoh, Library to Layaway, IT to Sophos, Police to Landlaw, Police to Metro, Police to Aubuchon / Capital One, Police to Aubuchon / Capital One, DPW to Hammond, DPW to Alert Scientific, DPW to Torode, DPW to Net Lab. 

Mr. Montuori discussed the details with the board. They are still finalizing financial information to be ready for the Special Town Meeting. Kratman suggested an update to the summary for residents.

James Mackey motioned to adopt, and Mark Kratman seconded. The article passed with a unanimous vote of 4-0.

Article 4: To see if the Town will vote to raise and appropriate $166,237 needed to fund and implement the Collective Bargaining Agreement between the Town and the Tewksbury Massachusetts Police Patrolman’s Association (NEPBA) beginning July 1, 2024; or take any other action relative thereto. 

Mr. Montuori discussed the details with the board. There were no questions by the board. Mark Kratman motioned to adopt, and Eric Ryder seconded. The article passed with a unanimous vote of 4-0.

Article 5: To see if the Town will vote to raise and appropriate $221,014 needed to fund and implement the Collective Bargaining Agreement between the Town and the International Association of Firefighters AFL-CIO, Tewksbury Firefighters Local 1647 beginning July 1, 2024; or take any other action relative thereto. 

Mr. Montuori discussed the details with the board. There were no questions from the board. Mark Kratman motioned to adopt, and Eric Ryder seconded. The article passed with a unanimous vote of 4-0.

Article 6: To see if the Town will vote to transfer the sum of $160,000 from Sewer Enterprise Fund Retained Earnings to be expended by the Town Manager for various purposes; or take any other action relative thereto. Sewer Pump Station, Cleaning and Maintenance, Equipment Trailer, Asphalt Paver Trailer, Vacuum/Jet Machine on Skid, Light Tower. 

Mr. Montuori discussed the details with the board. Kratman confirmed the town currently has one light tower through DPW, and with the purchase of the new light tower, the old light tower would be maintained as a back-up. He highlighted the importance of these towers to illuminate work sites at night time for both water main repairs and sewer backups, to provide a safe work environment for the DPW.

 Eric Ryder motioned to adopt, and Mark Kratman seconded. The article passed with a unanimous vote of 4-0.

Article 7: To see if the Town will vote to transfer the sum of $160,000 from Water Enterprise Fund Retained Earnings to be expended by the Town Manager for various purposes; or take any other action relative thereto. Replacement of water meter endpoints and water meters, Vacuum/Jet Machine on Skid, Equipment Trailer, Asphalt Paver Trailer, Light Tower. 

Mr. Montuori discussed the details with the board. There are currently 400 meters that are currently not working that will be immediately fixed with these funds before the major undertaking and replacing all the meters, which is estimated to take place in January. 

There were no questions from the board. James Mackey motioned to adopt, and Mark Kratman seconded. The article passed with a unanimous vote of 4-0.

Article 8: To see if the Town will vote to raise and appropriate the sum of money and transfer the sum of money from certified General Fund Free Cash to the Town Stabilization Fund; or take any other action relative thereto. 

Mr. Montuori discussed the details with the board. “This will increase our Stabilization Fund, which is there for emergencies and one time purchases in the future.”

Ryder confirmed the appropriate raised sum will equate to $797,035 and they would transfer the sum of $6,596,154 from certified general fund free cash to the stabilization fund.

Kratman asked Mr. Montuori to provide detailed financials for the towns’s five-year plan. He proposed having a joint discussion with the Select Board and the Planning Board about concerns going forward and the need for commercial base versus residential base.

Eric Ryder motioned to adopt, as amended, and Mark Kratman seconded. The article passed with a unanimous vote of 4-0.

Article 9: To see if the Town of Tewksbury will vote to appropriate, transfer from available Tewksbury Community Preservation Funds and/or borrow in accordance with the Community Preservation Act the sum of $3,800,000 to rehabilitate the historic Ella Flemings School, 1503 Andover Street, including allowed costs incidental and related thereto; said rehabilitation expenses as necessary for Ella Flemings Schoolhouse to continue to serve as an historic municipal services facility and community meeting place, pursuant to Massachusetts General Law Chapter 44B (The Community Preservation Act) and Chapter 44 Section 7(1) and/or any other enabling authority and the Secretary of the Interior’s Standards for Rehabilitation. Mr. Holland notes the Community Preservation Committee has approved this article.

Mr. Montuori discussed the details with the board. He confirmed that this funding would come from preservation funds. They would not be taking money from any town budget and are not seeking to increase taxes in any additional way. Kratman highlighted this would be an investment in the arts and drama space, versus the sports area in which they have already provided so much support. Mackey reconfirmed the funding for this would be coming out of the CPA.

James Mackey motioned to adopt, and Mark Kratman seconded. The article passed with a unanimous vote of 4-0.

Article 10: To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles; or act in any other manner in relation thereto. Ames Hill, Annex Solar, TMHS, Water Treatment Plant, Roadway Drainage Improvements New Center Fire Station, Astle Street Water Tank.  

Mr. Montuori discussed the details with the board. Ryder asked what the original intention of the 3 million for roadway improvements was for. Montuori clarified the funding was intended for a 2010 river road plan.

Eric Ryder motioned to adopt, and Patrick Holland seconded. The article passed with a unanimous vote of 4-0.

Article 11: To see if the Town will vote to authorize the Select Board to accept an easement from Andover North Estates, LLC. The Easement is shown on a plan entitled Sidewalk Easement Plan prepared for Andover North Estates Condominium, 1563 Andover Street, Tewksbury, MA 01876. Prepared by Warren A. Wagner of Civil Design Consultants, Inc dated March 4, 2024, or take any action relative thereto. The Plan can be viewed at the Town Clerk’s office, Town Hall, 1009 Main Street, Tewksbury, MA 01876. 

Mr. Montuori discussed the details with the board. Eric Ryder motioned to adopt, Mark Kratman seconded. The article passed with a unanimous vote of 4-0.

Article 12: To see if the Town will vote to authorize the Select Board to submit a Home Rule Petition to the General Court of the Commonwealth of Massachusetts that if enacted would amend the Town’s Special Act Charter by deleting the third sentence of Section 5A which reads:

“They need not be a resident of the town or of the commonwealth when appointed but shall become a resident of the town or live within a ten-mile radius of the town during the first year of their appointment.”; or take any action relative thereto.” 

Kratman suggested that the amendment state was originally submitted to the state: to eliminate the ten-mile requirement and reestablish it as fifty miles, rather than eliminating mileage requirements altogether. Ryder seconded this as the Town Manager should be close enough for emergency.

James Mackey motioned to adopt, as amended to 50 mile radius, Eric Ryder seconded. The article passed with a unanimous vote of 4-0.

Article 13: To see if the Town will vote to add a new Section to the Town General Bylaws:

Chapter 5.12

MUNICIPAL EQUITY BY-LAW This bylaw is authorized pursuant to St. 2022, c. 180, an act relative to equity in the cannabis industry, M.G.L. c. 94G and M.G.L. c. 94I, 935 CMR §§ 500.000, and §§ 501.000.

Mr. Montuori explained the Cannabis Control Commission was stating that municipalities that have allowed retail marijuana must have this municipal equity bylaw in place to protect applicants from ‘harm’. ‘Harm’ was defined as anybody that’s been arrested or incarcerated for violating marijuana laws in the past.

After a lengthy discussion, and concerns on the clarity of the article and its effects on future applicants, a motion was made to table Article 13 by James Mackey, seconded by Mark Kratman.

Article 14: To see if the Town will vote to amend the Town of Tewksbury Zoning Map dated October 2023. The US EPA has requested that the ground water protection SBDA Plume Area and Buffer Zone be amended based on ongoing testing at the Sutton Brook Disposal Area. 

Mr. Montuori discussed the details with the board. Kratman confirmed this wouldn’t influence the insurance claims of the local residents.

James Mackey motioned to adopt, Mark Kratman seconded. The article passed with a unanimous vote of 4-0.

Article 15: To see if the Town of Tewksbury will vote to amend the Tewksbury Zoning By-laws Chapter 5, Section 5.3.3 by modifying Minimum/Maximum Front Setbacks for non-Major Projects and modify footnote “C” to establish minimum front yard setback in the Town Center District. 

Mr. Montuori discussed the details with the board. There was a motion to table this article until Town Meeting, October 1, 2024 at 6:00PM by Eric Ryder, seconded by James Mackey. 

Article 16: To see if the Town of Tewksbury will vote to amend the Tewksbury Zoning By-laws Chapter 5, Section 5.4.3 Appendix A, Table of use Section A.2.C, to allow for diverse housing uses by Special Permit of the Planning Board. The purpose of this article is to grant the Planning Board Authority to allow for mixture of housing types in the Town Center District by Special Permit. 

Mr. Montuori discussed the details with the board. Mr. Montuori discussed the details with the board. There was a motion to table this article until Town Meeting, October 1, 2024 at 6:00PM by Eric Ryder, seconded by James Mackey. 

Board Member Reports

Mark Kratman concluded the meeting expressing his thanks to everyone for the successful planning and execution of this year’s 9/11 Ceremony. He was grateful for the community leaders that contributed their considerable time and effort to this worthy event, and was amazed by the dedication of crowd that attended.