Select Board – April 9th, 2025

The Select Board undergoes reorganization, discusses Town Meeting Warrants, and hears from the residents of Emerald Court regarding the proposed battery storage facility.

Chairman Patrick Holland called the meeting to order, with all members present, including re-elected member Mark Kratman and newly elected member Rich Russo. Holland turned the meeting over to Town Manager John Curran to facilitate the Select Board reorganization.

Select Board Reorganization

Town Manager John Curran initiated the Select Board reorganization by opening the floor for nominations for Chair. Mark Kratman nominated the previous Chair, Holland, who respectfully declined, stating, “Thank you, … but I am a firm believer in term limits, and this is a position that I believe should be.”

In response, Eric Ryder nominated Mark Kratman for Chair. The motion passed with votes in favor from Holland, Ryder, and Russo, with Mackey opposed. Kratman assumed the role of Chair and took over leadership of the meeting, stating, “I appreciate your vote of confidence.”

Kratman opened nominations for Vice Chair, putting forward Eric Ryder, who was unanimously approved.

Holland nominated Rich Russo for Clerk, who was also unanimously elected.

Before continuing with the agenda, Chair Kratman expressed appreciation to Denise Graffeo and the Election Staff for their hard work during the recent Town Election.

Residents

Tewksbury Residents Voice Strong Opposition to Proposed Battery Storage Facility Near Emerald Court

Alan Capone, a resident of Emerald Court, addressed the Select Board to voice his community’s strong opposition to the proposed battery storage facility by East Point Energy on Hillman Street. Representing Emerald Court residents and Assisted Living and Memory Care, Capone highlighted four major concerns: safety, economic impact, logistics, and environmental effects on both the nearby communities and the broader town.

He highlighted potential fire hazards, particularly due to the facility’s proximity to a vulnerable senior population with limited evacuation routes, and emphasized that if a fire did break out at the Hillman Street site, “We would expect loss of life in the senior community.” Economically, he warned that the facility could lead to property devaluation, affecting residents who depend on home equity for future care needs. Logistical concerns included increased traffic and congestion on Washington Street, while environmental worries focused on potential groundwater contamination, air pollution, and noise levels exceeding 80-90 decibels continuously.

Capone urged the board to work with the developer to find an alternative location and stated that residents are prepared to defend their rights through legal and media channels if necessary.

Resident John Tellier of Emerald Court also came before the board. “This town turned down the casino, which I was in favor of, which I thought would bring income to the town. So I just hope we do the right thing and turn down the cans for the battery storage facility.”

Resident Peter McCoy acknowledged the importance of clean energy for the future but stressed the need for careful consideration of location, especially in congested residential areas. “This should not be here in the town of Tewksbury,” McCoy stated, urging town officials and citizens alike to be aware of the broader town-wide impact of the proposal.

Resident Peggy Schleicher voiced heartfelt concerns about the potential dangers of the proposed battery storage facility, emphasizing the proximity of local schools and daycares to the site.

“I’m scared. I’m worried—I’m worried about not only our seniors, I am worried about our children in the event of a catastrophe,” she stated, highlighting that North Street School and Center School are just 0.7 miles away, the high school is 1.2 miles away, and a nursery/daycare facility on Route 38 is only 0.3 miles from the proposed location.

Lastly, Ray Adams, a longtime Tewksbury resident since 1965, spoke out against the proposed battery storage facility near Emerald Court, drawing on his personal history, including living on Rogers Street during a past gas truck explosion. He warned against underestimating the risks of such projects, particularly near elderly and vulnerable populations.

Adams pointed out that over 280 residents live at Emerald Court, many over 70, with some requiring assisted living and medical care. He also raised concerns about conflicting information from North Point Energy and town officials, creating uncertainty and distrust. “I don’t know what to believe at this point,” he said, urging the town to carefully consider the potential consequences of building the facility in such a sensitive area.

In response, Chair Kratman acknowledged the strong resident turnout, stating, “You’ve been heard loud and clear,” but noted the topic wasn’t on the agenda, limiting formal discussion. He explained the proposal is in early stages and subject to state review. While a meeting with the developer has occurred, the board is still awaiting more information and promised future community updates.

Resident Alan Capone informed the board that a petition has been filed, giving the town 14 days to respond. He stressed that despite state oversight, the board still has influence over the project’s location. Capone offered to share his research to help inform their decision.

New Business:

Town Meeting Warrant Recommended Adoption

Town Manager Curran provided an overview of the upcoming Annual and Special Town Meeting warrants, highlighting key financial and zoning articles.

Annual Town Meeting Warrant:

• Articles 4–20: Cover financial appropriations related to the town’s FY25 operating budget.
• Article 21: A bylaw update to clean up the definition of kennels.
• MBTA Communities Act: The Planning Board gave the related two articles an unfavorable recommendation, meaning they are ineligible for a vote at Town Meeting due to Mass. General Law Chapter 40A restrictions (requires a favorable Planning Board vote within two years of a similar article).

Special Town Meeting Warrant:

• Article 1: Reallocation of $1.1 million in surplus funds from several departments (e.g., vocational education, school health insurance, solid waste, salaries) to areas with shortfalls, primarily:
  • School operating budget (special education and out-of-district tuitions)
  • DPW snow and ice
  • Council on Aging staffing and repairs
  • Police overtime
• Article 2: $586,000 from free cash to cover additional snow and ice costs from FY24.
• Article 3: $13,000 from free cash to pay prior year bills (a statutory requirement that past year bills can’t be paid from current fiscal year funds).

Curran is working to distribute a new guidebook (mirroring the budget presentation) in advance of Town Meeting and will post it online for public access. The town is also exploring ways to collect email addresses from regular Town Meeting members, with guidance from board member James Mackey, to better distribute meeting-related information and documents going forward.

Kratman opened the session to the board for questions. Russo noted that most items related to the school department and asked if the Fiscal Year 2025 (FY25) Shawsheen Tech assessment had been finalized.

Curran clarified that the FY 25 assessment is already finalized and cannot be increased. He explained that assessments are typically issued early in the budget cycle based on prior year data. In this instance, the initial assessment was higher, but after the Shawsheen Tech institution certified its retained earnings, the required contribution decreased, resulting in a surplus for the town.

Russo also mentioned that the school department qualifies for Circuit Breaker reimbursement, which will help offset some financial pressure in next year’s budget.

Ryder suggested utilizing QR codes for the residents to have easier access to the warrant articles, an idea Curran noted had also been proposed by Mackey.

All Town Warrant Articles were recommended to be adopted unanimously by the board. Zoning Articles 26 -33 fall under Planning Board purview.

Review of the Articles can be found here.

Review of all standing Committees and Posting of Open Positions

Tewksbury has a mix of elected and appointed positions across its various boards and committees.

The Select Board is responsible for appointing members to several key committees, including the Conservation Committee, Council on Aging, Economic Development Committee, Finance Committee, Green Committee (in collaboration with the Town Manager), Historic Commission, LRTA (Lowell Regional Transit Authority), Mass Cultural Council, MCOA (along with the Planning Board), Open Space & Recreation Committee, Tewksbury Beautification Committee, Tewksbury Diversity, Equity & Inclusion Committee, Tewksbury School Facilities Study Committee, Town Counsel, Trust Fund Commission, and the Zoning Board of Appeals.

Kratman opened the session for Select Board council and committee designations. For the current term, Holland was reappointed as the Select Board representative to the Community Preservation Committee. Kratman was also reappointed to continue as the town’s representative to the LRTA, while Russo was newly appointed as the designee to the Northern Middlesex Council of Governments (NCOG).

With three members—Russo, Ryder, and Mackey—interested in serving as School Committee designees but only two spots available, the board voted and appointed Russo and Ryder.

Lastly, with former Selectwoman Jayne Wellman previously serving as the board’s representative on the Diversity, Equity & Inclusion Committee, Kratman requested Curran to investigate whether that committee was still active.

Town Manager

Curran noted several updates and important developments for the town.

CSX Transportation has notified the town that vegetation control along the railroad right-of-way in Tewksbury will take place from May 1st through October 31st. Herbicide use is involved, and more information, including a link to the details, will be made available.

Regarding the MBTA Communities Act, the town has yet to receive a response from the auditor, but a court hearing involving five communities took place last week concerning an unfunded mandate. The judge has taken the matter under advisement. Notably, Middleborough settled with the state to include certain developments in their overlay district.

Parking issues near Tree House continued to be addressed. The project is expected to wrap up in May, and the business has agreed to post signage. Some local residents, particularly in the Indian community, have been contacted and made aware of the situation.

In other positive news, Curtis Davis from National Grid reached out with foundation funding for local youth organizations. As a result, Tewksbury Youth Baseball and Pro Softball each received $5,000 donations.

Additionally, Several town officials recently visited a five-megawatt battery storage facility in North Reading to learn more about East Point Energy’s proposed project. The visit focused on updated fire safety technology, including improved battery cell compartmentalization to prevent large fires.

While the Tewksbury project is still in early stages with no formal proposal, the town is closely monitoring the situation. Officials are working with counsel and a consultant to ensure Tewksbury’s interests are represented. Meetings with the Emerald Court community and Hillman Street businesses revealed conflicting information, and the town remains committed to thoroughly investigating the proposal and keeping residents informed.

Russo inquired about past discussions regarding the funding of a police detail for Tree House patrons crossing Route 38. Curran explained none were planned, but safety upgrades—including a new crosswalk and blinking signal—were underway.

Ryder suggested following up on the permit process for the controlled signal, noting that the crossing is located on a private road. He emphasized the importance of ensuring the signal is active and operational before the new parking lot opens.

Kratman asked Curran for an update on the Route 38 sidewalks. Curran explained that the town was informed in mid-March about the state’s planned maintenance, which limited coordination for improvements. Initially, the state planned asphalt, but Curran advocated for concrete. The state agreed to upgrade if the town covered the $60,000 cost difference, using Chapter 90 funds. Curran called it a worthwhile investment for durability.

Kratman also expressed concerns about the Tree House Brewing parking situation, specifically the lack of traffic studies. These studies were contingent on the business being deemed “fully operational,” a term yet to be defined. Kratman requested updates on the permit process and clearer enforcement of the traffic study requirements by the Planning Board.

With school vacation approaching, Ryder also highlighted the upcoming programs at the YMCA and noted the ongoing efforts to install pickleball courts. Curran confirmed that the installation process is still moving forward.

Town Counsel Invoice

The Town Council invoices were approved, in the amount of $4,335 for February and $3,952.50 for March.

Executive Session Minutes

Minutes for executive session on September 19th, 2023; December 19th, 2023; January 9th, 2024; January 23rd, 2024; February 13th, 2024; March 12th, 2024; March 19th, 2024; October 29th, 2024; and October 22nd, 2024 were also approved. Only the board members who were active during those respective meetings participated in the vote.

Board Member Reports

Holland opened by welcoming Mr. Russo to the board and expressed gratitude to all candidates who ran for office, noting, “it isn’t easy…and they have a true commitment to this town.”

Mackey highlighted that the Town Beautification Committee and Open Space Committee host the Town Clean Up Day on April 26th, at the DPW from 9 AM to 2 PM, adding, “I’ll see you there.”

Ryder reported no reports.

Russo thanked the residents who supported him and extended appreciation to everyone who ran in the election, stating, “people stepping up makes our town better.”

Kratman echoed similar sentiments, commending all the candidates and giving a special thanks to the Town Clerk and Election Staff for their efforts.

With no further business, the meeting adjourned. The next Select Board meeting is scheduled for April 29th, 2025.