BIG TURNOUT ATBIG TURNOUT ATCOMMUNITY GARDEN OFFICIAL OPENINGCOMMUNITY GARDEN OFFICIAL OPENINGby Tom ChristianoThe extreme heat and humidity couldn't keep the people away from theofficial opening of the Walter F. lewis Community Garden on Saturday,August 15th. A big crowd turned out to officially usher in a new era ofhome grown vegetables right here in Chelmsford.

Of course, we've had home gardens in the past, but now you can plant themright next to your neighbor's plot....and not just one neighbor....many neighbors...all sharing the land, water and joys of growing their own food.

The grand opening celebration started with a foot parade following Phil Jones andhis "speedy" tractor. Phil and his wife have been huge supporters of the Community Gardenand instrumental in its success. Phil said a few heartfelt words about Walter F. Lewis,the previous owner of this property off of Robin Hill Road and a very close friend of Mr. Jones.

Many members of the Lewis family were present for the dedication. You can see them in thephotos accompanying this article. They are gathered to the right of the principal speakers andour Town Manger Paul Cohen.

Mr. Cohen started the formal ceremony with a long list of well deserved thank yous to themany people who have helped make this day possible. There are too many to list here,however, their work is very much appreciated by every person who enjoys the communitygardens.

The speakers at the Opening Celebration were as follows:

Paul Cohen - Town ManagerClare Jeannotte - Chairman of the Board of Selectmen & gardenerBob Morse - Community Preservation Committee memberEric Dahlberg - Selectmen & gardenerPhil Jones - of Jones Farm & Community Garden ManagerPhil Stanway - Lead Steward, Chelmsford Open Space Stewardship

A Community Garden Handpainted Sign was unveiled at the ceremony, along with a granitebench (inscribed with the Walter F. Lewis name). The ribbon was cut by a Lewis family grandson,and the gates were opened...for all to enjoy... not only on this wonderful opening day, but for manyyears into the future...there will be gardening, right here in our own "community" of Chelmsford.

Photos by Tom ChristianoPhotos by Tom Christiano

Chelmsford hikes taxes on meals, hotel roomsChelmsford hikes taxes on meals, hotel rooms

By Rita Savard, rsavard@lowellsun.com08/18/2009

CHELMSFORD -- Battered by cuts to local aid, Chelmsford voterslast night saw some relief by hiking taxes on the town's restaurantmeals and hotel rooms.

An overwhelming majority at Special Town Meeting approved a0.75 percent tax increase on meals and raised the local rooms taxfrom 4 percent to 6 percent. The new taxes will go into effect Oct. 1.

The move is expected to pump an estimated $290,000 back intotown coffers after steep cutbacks in state aid. After chewing on theissue for about an hour last night, those in favor said that given thecuts, the taxes were better than having nothing at all.

"Wouldn't it be nice if all the taxes we paid to the state came backto Chelmsford?" asked Glenn Thoren. "Now we have one small in-stance where it all stays here. I like taxes where all the moneystays in the town."

To Read The Whole story CLICK HERECLICK HERE

Chelmsford Town Meeting OKsChelmsford Town Meeting OKsnew fire station, DPW movenew fire station, DPW moveBy Rita Savard, rsavard@lowellsun.com

08/18/2009

CHELMSFORD -- Special Town Meeting last night overwhelminglyapproved spending $25 million to build a new fire headquarters andupgrade the Department of Public Works.

Ultimately,TownMeetingmembers said a bad economywas on their side tohelp bring a big cost savings to twomajor building projects.

Voters approved building a new fire station for about $12 million atChelmsford and Wilson streets, the site of softball fields, and tomove the DPW from Richardson Road to the former Old MotherHubbard dog-food plant on Alpha Road, off Route 129, at a cost ofabout $13 million.

With Town Meeting approval, both projects will now be placed on aspecial election ballot in October to give all the town's registered vot-ers a chance to weigh in.

To Read The Whole Story CLICK HERECLICK HERE

DPW, Fire Dept.DPW, Fire Dept. mustmust get word outget word outhttp://www.lowellsun.com/local/ci_13157267By Rita Savard, rsavard@lowellsun.com

08/19/2009

CHELMSFORD -- An economic slump didn't prevent Special Town Meeting from sending $25 million in building projects to the election bal-lot. But as the dust still settles from Monday night's meeting, some representatives aren't sure the $12 million fire station and $13 million De-partment of Public Works will survive a town-wide vote.

"To pass an override or an exemption is a tremendous amount of work," said Dennis Ready of Precinct 8. "It takes a full-court press, and Idon't know if the Fire Department and the DPW have the resources to put on that kind of group effort."

An overwhelming majority of Town Meeting representatives agreed to place the big-ticket proposals on a special election ballot in October.One plan calls for a new 27,041 square-foot Fire Department headquarters on the corner of Chelmsford and Wilson streets, which would re-place the 3,500 square-foot building that's been located on North Road since 1952.

The second proposal seeks to relocate DPW to the Old Mother Hubbard dog food plant on Alpha Road, where its multimillion-dollar vehicleswould be stored indoors to prolong use.While many Town Meeting representatives agreed that both facilities need major work, some say thetiming might not be right.

"Before I voted, I talked to a lot of my neighbors about their feelings on these projects," said Debbie Dery of Precinct 6. "A lot of people arestill out of work, jobs are scarce, and there is no assurance of when it's going to get better.

Personally, I don't think the timing is right, but my vote was about letting the town have a voice on the issue."Others were concerned about what abutters have to say.

Ann McGuigan of Precinct 1 asked town officials what the elderly residents at McFarland Manor, which would overlook a new fire station,had to say.

No one could answer. But many Town Meeting representatives taking up the microphone on Monday felt the proposals were the most cost-effective way to address the outdated and inadequate facilities.

When explaining why she supported spending the money to relocate DPW, Selectmen Chairwoman Clare Jeannotte said the study commit-tee charged with researching alternatives for both facilities "hit a home run finding this opportunity."

Jeannotte does not support the fire-station proposal, saying she didn't think the size and location of the building was the best plan.

Town Manager Paul Cohen said Chelmsford needs a center fire station equipped to handle the needs of the town's size today, as well asinto the future.When the station was originally built in 1952, it was built with about 9,400 people in mind. Nearly 60 years and about 24,000more people later, the station's floor is caving in, parking is inadequate and the headquarters lacks training and storage space.

If the town loses the Alpha Road site to relocate the DPW, "Plan B is $20 million more because we'd have to build a new facility," Cohensaid.

The poor economy, he added, also puts the town in a unique position to save money on some of the lowest construction costs and loan in-terest rates seen in years.

Both projects would increase the average single-family tax bill by about $76.50 at its highest rate, which Cohen estimates will be in 2014.After that, the amount would continue to decline until 2020, when the debt service is expected to return to its current level.

"Taking on any debt like this is huge in this economy," Dery added. "I did not approve of the projects, but I do approve putting them on theballot."

A date for the special election will be determined by the Board of Selectmen.

Can EliopoulosEliopoulos build on landbehind fire station?www.chelmsfordmassnews.comwww.chelmsfordmassnews.com

Kevin Zimmerman/Kevin Zimmerman/Staff Reporter 21.AUG.09

Michael Eliopoulos purchased roughly 2.2 acres at 11 North Road after the Planning Board endorsed an Approval NotRequired proposal to split the land into two parcels.

On May 27, Hancock Associates, on behalf of Eastern Bank, presented the board with the ANR to subdivide the NorthRoad property and create a lot line between the bank building and Emerson House.

According to the board’s meeting minutes, “the purpose is to create a lot for a possible future use.”

As reported elsewhere, Eliopoulos wants to construct a 10,000-square-foot office building on the site, but some questionwhether he can.

A phone call to Eliopoulos’ son Phil, a former member of the Board of Selectmen, was not returned.

No one denies there is a preservation restriction on the property, but no one seems to be able say what it means.

“It was brought to the Planning Board’s attention,” said Community Development Director Evan Belansky.“But it’s not clear at this point if the covenant prevents development.”

On Dec. 11, 1979, the then Board of Selectmen,William Murphy, Joe Shanahan, John Carson, Arnold Lovering andPaul Hart, signed and accepted the preservation restriction.

The restriction includes references to the Emerson House and to future development on the land.

As written the covenant states, the Emerson House must be restored and “shall remain as a typical example ofpostcolonial architecture.”

It also includes wording about future development.

“No other building shall be erected on said premises expect barn-like structures and silo which shall generallypresent the exterior appearance of farm buildings and barns.

“No other building shall be erected on said premises so as to raise the total area on all floors of buildings, exist-ing and new, to exceed the equivalent of 20 percent of the land area of the premises.

“No other buildings or paved area shall be constructed so as to raise the total ground coverage by buildings andpaving to exceed 55 percent of the land area of the premises.

“The exterior appearance of any structure to be erected on the premises, except the Homestead structure alreadyexisting, may be of such design and construction as to permit the use of said structures for residential purposes,and for other purposes permitted by the zoning bylaws of the Town of Chelmsford, except retailing, fast food es-tablishment, or motor vehicle sales, rental, repairs or service.”

Joe Shanahan, who signed the original acceptance of the preservation restriction, believes it was the selectmen’sintent to leave the parcel with the pond undeveloped.

“In 1979,” said Shanahan, “nobody expected two barn-like structures.”

************************************************************************Historic Chelmsford home being restoredHistoric Chelmsford home being restored

http://www.lowellsun.com/local/ci_13175991http://www.lowellsun.com/local/ci_13175991

By Rita Savard , rsavard@lowellsun.comBy Rita Savard , rsavard@lowellsun.com08/21/200908/21/2009

CHELMSFORD -- Plans to restore the historic Emerson house and construct a new office building are underCHELMSFORD -- Plans to restore the historic Emerson house and construct a new office building are underway on a 2-acre parcel behind the Center Fire Station.way on a 2-acre parcel behind the Center Fire Station.

Eastern Bank, which owned the land at 11 North Road, sold it for $480,000 to Epsilon LLC managed byEastern Bank, which owned the land at 11 North Road, sold it for $480,000 to Epsilon LLC managed byMichael Eliopoulos in June. But the land acquisition came as a surprise to some Town Meeting representaMichael Eliopoulos in June. But the land acquisition came as a surprise to some Town Meeting representa--tives last Monday when they discovered during Special Town Meeting that one alternative for a new Centertives last Monday when they discovered during Special Town Meeting that one alternative for a new CenterFire Station was crossed off the list.Fire Station was crossed off the list.

""The idea that the land was taken out from under us is just not accurateThe idea that the land was taken out from under us is just not accurate ,","said Town Manager Paul Cohen.said Town Manager Paul Cohen.""When I approached the bank about the property, they said they were in other negotiations for the landWhen I approached the bank about the property, they said they were in other negotiations for the landalreadyalready ."."

In March, Cohen contacted an Eastern Bank representative about a possible land purchase. At that time, theIn March, Cohen contacted an Eastern Bank representative about a possible land purchase. At that time, thebank said it was having an appraisal done on the property and that Eastern planned to keep an easement forbank said it was having an appraisal done on the property and that Eastern planned to keep an easement forits drive-through lane. The bank also mentioned it had other buyers interested.its drive-through lane. The bank also mentioned it had other buyers interested.

Cohen thought that if a prospective buyer was just interested in restoring the Emerson house, that maybe theCohen thought that if a prospective buyer was just interested in restoring the Emerson house, that maybe thebank could subdivide the parcel, leaving the town with the slice behind the fire station.bank could subdivide the parcel, leaving the town with the slice behind the fire station.

But the bank contacted Cohen later in March and saidBut the bank contacted Cohen later in March and said""they did not want to subdivide the property and had a deal in place.they did not want to subdivide the property and had a deal in place.""

Former Selectman Phil Eliopoulos said his father, Michael, had approached previous land owners MassBankFormer Selectman Phil Eliopoulos said his father, Michael, had approached previous land owners MassBankseveral years earlier to purchase the same property. MassBank wasn’t interested in selling, Eliopoulos said.several years earlier to purchase the same property. MassBank wasn’t interested in selling, Eliopoulos said.When Michael Eliopoulos learned that Eastern Bank was taking over MassBank, he approached the new landWhen Michael Eliopoulos learned that Eastern Bank was taking over MassBank, he approached the new landowner in 2008, Phil Eliopoulos said.owner in 2008, Phil Eliopoulos said.

Eastern Bank was willing to sell.Eastern Bank was willing to sell.

Historical preservation of the property is a requirement of ownership. The Eliopouloses have already begunHistorical preservation of the property is a requirement of ownership. The Eliopouloses have already begunrestoring the slate shingle roof and rotted wood siding on the historic house, as well as making other repairs.restoring the slate shingle roof and rotted wood siding on the historic house, as well as making other repairs.

Eliopoulos said his family is also interested in constructing a Colonial-style building, approximately 10,000Eliopoulos said his family is also interested in constructing a Colonial-style building, approximately 10,000square feet, to house the law offices of Philip and Angelique Eliopoulos. The building plans are currently besquare feet, to house the law offices of Philip and Angelique Eliopoulos. The building plans are currently be--fore the town's Historic Commission, and must be filled with the Planning Board for review and approval.fore the town's Historic Commission, and must be filled with the Planning Board for review and approval.

Although the land behind Center fire station was an alternative suggested by the study committee, Cohen saidAlthough the land behind Center fire station was an alternative suggested by the study committee, Cohen said"t"there would have been significant challenges to make it viable as a fire station compared to the Wilsonhere would have been significant challenges to make it viable as a fire station compared to the WilsonStreet site.Street site.""

Those challenges include limited frontage, and less space for vehicles to get in and out of the site, he said.Those challenges include limited frontage, and less space for vehicles to get in and out of the site, he said.

"" It was also never seen as a less costly situationIt was also never seen as a less costly situation ," Cohen added.," Cohen added.""A block away you have a site with better access and better response times.A block away you have a site with better access and better response times.""

Town Meeting Representative Tom Fall said he would have liked to see a new fire headquarters at its currentTown Meeting Representative Tom Fall said he would have liked to see a new fire headquarters at its currentNorth Road site.North Road site.

""Am I disappointed?Am I disappointed?" asked Fall. "Y" asked Fall. "Yeah. It's a nice piece of property and I'd like the fire station to stayeah. It's a nice piece of property and I'd like the fire station to staythere. But, being what it is, I voted for the fire station (on Wilson Street) because I felt we needed a newthere. But, being what it is, I voted for the fire station (on Wilson Street) because I felt we needed a newone. The big, important issue is that we need another fire station.one. The big, important issue is that we need another fire station.""

FLASHBACK:FLASHBACK:

Selectmen vote to change status of Master Plan CommitteeSelectmen vote to change status of Master Plan CommitteeBy Kevin Zimmerman/ Chelmsford Independent Staff Writer

http://www.wickedlocal.com/chelmsford/homepage/x12072350/Selectmen-vote-to-change-status-of-Master-Plan-Committee

May 28, 2009

CHELMSFORD - By a 3-to-2 vote, the Board of Selectmen agreed former Select-man Phil Eliopoulos could remain on the Master Plan Committee and representclients before other town boards.

Selectmen opted to make each member of the Master Plan Committee aspecial municipal employee, which exempts an individual fromregular conflict-of-interestconflict-of-interest rules.

The board made its decision at an un-televised work session on May 14.

Board of Selectmen Chairman Clare Jeannotte along with members Sean Scanlonand Eric Dahlberg voted for the change. Selectmen Pat Wojtas and George Dixonvoted against it.“It is something that should be done sparingly,” said Wojtas. “I didn’t see a needin this situation to do that.”

Town Moderator Dennis McHugh and each of the Sewer Commission members are the only other appointed orelected officials deemed special municipal employees.For Dahlberg, that fact made the decision an easy one.

“Other towns do it,” said Dahlberg. “And we have precedent here in town.”

Both Dahlberg and Scanlon stressed they believe as a member of the Master Plan Committee, Eliopoulos wouldnot create developments, but rather play a role in shaping how the town deals with proposed projects.“The Master Plan Committee is about giving a strategic vision for the community going forward,” saidScanlon. “If he has a (development) client I don’t see it as a conflict. It would be different if he was on thePlanning Board.”

According to Jeannotte, it was Eliopoulos who made an informal request with the State Ethics Commission abouthis situation.

“I wasn’t sure it was necessary, but I wanted to protect myselfI wasn’t sure it was necessary, but I wanted to protect myself,” said Eliopoulos.During his 12 years on the Board of Selectmen, clients often requested Eliopoulos represent them before anotherboard, and each time, he referred those clients to another attorney, he said.Eliopoulos doesn’t see his role as a member of the Master Plan Committee causing a conflict if he should appearbefore another town board.

“On the Master Plan Committee, we don’t take votes; we don’t do any zoning changes,” said Eliopoulos.“We make recommendations for the town for the next 10 years.That master plan then gets approved bythe Planning Board and by the Board of Selectmen.”

Under Massachusetts General Law, Chapter 268A, Section 17, as long as an individual is recognized as a spe-cial municipal employee that person may represent a third party before other town boards.“This section shall not prevent a present or former special municipal employee from aiding or assisting anotherperson for compensation in the performance of work under a contract with or for the benefit of the city or town;provided, that the head of the special municipal employee’s department or agency has certified in writing that theinterest of the city or town requires such aid or assistance and the certification has been filed with the clerk of thecity or town,” reads the statute.

After receiving the request from Eliopoulos, Jeannotte said she wanted more information from town counsel be-fore scheduling a vote on the matter.She asked if it mattered whether the individual was on a formal committee or an ad hoc one. Jeannotte also in-quired whether the special municipal employee label was used frequently in other communities.In the end, she was satisfied with counsel’s answers, she said.

“You have talented people who may want to get involved with the town and they may not if it cuts intotheir livelihood,” said Jeannotte.

Philip EliopoulosPhilip Eliopoulos

Candidate on the gr i l leCandidate on the gr i l leBy Tom Chr ist ianoBy Tom Chr ist iano

Matt Hanson kicked off his 2010Selectmen Campaign with a BBQparty at his home on Saturday,August 15th. Attending the eventwere: State Representatives JimArciero and Sean Garballey (fromArlington), many Town MeetingRepresentatives, and quite a few ofMatt's friends and neighbors.Everyone seemed to have a greattime at the party.

Matt Hanson will continue hisSelectman Campaign with anappearance on Tom Christiano'sPOLITICALLY INCORRECTPOLITICALLY INCORRECT CableTV show on Tuesday, September 8thTuesday, September 8th , along withMary Frantz, Steve Roberts and Matt Sheehan.

The two Selectmen seats which will be voted on next April are those currently held by Se-lectmen Clare Jeannotte and Pat Wojtas.

Neither of those Selectmen has, as of this date, publicly declared if they are running for re-election to a second term on the Board.

Ms. Wojtas is scheduled to be on Tom’s POLITICALLY INCORRECT show on October 20th,and she is expected to make her intentions know at that time.

Jim Arciero Matt Hanson and Sean GarballeyJim Arciero Matt Hanson and Sean Garballey

**************************************************http://www.lowellsun.com/politics/ci_13234682The Lowell Sun Political ColumnThe Lowell Sun Political Columnby Rita Savard

ELECTION FEVERELECTION FEVER is already talking hold in Chelmsford with Matt HansonMatt Hanson, 21, planning anotherrun for the Board of Selectmen in 2010, when selectmen Clare JeannotteClare Jeannotte and Pat WojtasPat Wojtas's seatsboth go up for grabs. Hanson, who lost a bid for the board last year, seems determined to snare aseat. Sources also tell The Column that Finance Committee member Jon KurlandJon Kurland is planning tothrow his hat into the ring, while Town Meeting representative Maria KarafelisMaria Karafelis is said to be eyeingone of two School Committee seats now held by Evelyn ThorenEvelyn Thoren and Kevin PorterKevin Porter.

**************************************************Does official have eyes for Beacon Hill?Does official have eyes for Beacon Hill?

http://www.lowellsun.com/local/ci_13198693

By Rita Savard, rsavard@lowellsun.com08/25/2009

CHELMSFORD -- A first-term selectman has his eye on the 3rd Middlesex District senate seat.

Although Republican Eric Dahlberg said he hasn't decided whether to challenge Sen. Susan Fargo,D-Lincoln, in 2010, a post on the online social networking-site Facebook calls for help in drafting theChelmsford selectman to run for state senator.

When questioned about the post, Dahlberg said "stay tuned."

"I was flattered to think that people have that much confidence in me," said Dahlberg, who iscurrently serving his second year of a three-year term on the Chelmsford Board of Selectmen. "Ilove public service, and I think I could do a good job representing the people of the district,but I haven't made a final decision yet."

Dahlberg says friends that want him to run against Fargo posted the message that states "it's timeto send a fighter for the taxpayers to Beacon Hill."

The ad also states that Dahlberg would bring the same priorities to the Massachusetts Senate thathe's brought to the Chelmsford Board of Selectmen, including "improving the business climate, striv-ing to keep taxes low, working to keep government efficient and effective,and always remembering who's the boss -- the taxpayers!"

New to local politics, Dahlberg beat Selectman Sam Chase in 2008 afterlaunching a grass-roots campaign where he spent weeks going door-to-door, asking for votes. He was also the anti-override candidate, beatingChase, who supported the failed $2.8 million override, by about 986votes.

During his first year on the board, Dahlberg was criticized by some for notspeaking up about the issues. But in recent months, Dahlberg has been avocal opponent of local options taxes, two multimillion-dollar town buildingprojects and skyrocketing health-insurance rates.

"I'm not one of those people that just talks for the sake of talking," Dahlberg said. "I think wehave a lot of politicians who love the sound of their own voice. I'm not one of them."

Dahlberg describes himself as a moderate Republican, who's pro-choice and supports gay mar-riage. He has a bachelor's in history from Dartmouth College and a master's degree in public policyfrom Georgetown University. Dahlberg works at the Commonwealth Health Insurance Connector inBoston.

Fargo was first elected to the Senate in 1997. She defeated Republican Sandi Martinez last year toserve her sixth term. Fargo also serves as chairwoman of the Public Health Committee, and as vicechair of the Senate Committee on Post Audit and Oversight said.

Fargo has said the strength of her record is the key factor in winning her sixth term.

The 3rd Middlesex District is made up of nine communities, including Bedford, Carlisle, Chelmsford,Concord, Lexington, Lincoln, Sudbury, Waltham and Weston.********************************************************************************************************************************************On Facebook :On Facebook :

Draft Eric Dahlberg to Run for State Senator!Draft Eric Dahlberg to Run for State Senator!http://www.facebook.com/group.php?gid=129251116185&ref=search&sid=549254006.2435144972..1

**************************************************

Eric Dahlberg

THE SELECTMEN RACE HEATS UPTHE SELECTMEN RACE HEATS UP

Tom ChristianoTom ChristianoSeptember 4, 2009

The election won't take place until April 6th, yet we already have a lot of activity in the Selectmen race.

There are two Selectman positions coming up for a vote in April...one seat held by the current Chairmanof the Board, Clare Jeannotte...and the second seat is held by the Vice-Chairmen of the Board, Pat Wojtas.

Matt HansonMatt Hanson announced his intentions, in July, to run again for a seat on the BOS.He'll be on my POLITICALLY INCORRECT (P.I.) TV Show on September 8th to talk about why he's run-ning for a second time in two years and what his plans and goals are if he wins a seat on the Board in April.Matt graduated from UMASS Lowell this past summer....and is currently studying for his Master's degreethere as he works as an intern with one of our State Representatives, Jim Arciero. Matt is a Town MeetingRepresentative from Precinct five and a member of the Town Hall Utilization Study Committee here inChelmsford. In last year's race for Selectman, the 20 year old candidate received 955 votes to place 4th ina field of six candidates.

Jon KurlandJon Kurland is announcing his intentions to run for a seat on the Board of Selectman at this time. Hehas written the reasons for his run elsewhere in this IN TOWN REPORT, and he'll be on my P.I. Show fora few minutes on September 8th to discuss his rationale for running. He'll be on the P.I. show forthe full hour on November 3rd, along with Selectwoman Clare Jeannotte and two other panelists.Jon is a long time member of the Finance Committee and a Town Meeting Representative from Precinctfive. His detailed background information and rationale for running can be found elsewhere in thisIN TOWN REPORT.

Selectwoman Vice- Chair Pat WojtasPat Wojtas has not, as yet, announced her intentions as to whether she is run-ning for another term on the Board. She is scheduled to do so when she appears on my show onOctober 20th. Pat may also let us know if she's running before that date. Pat is serving in her first term onthe Board of Selectmen, and serves the town in many other capacities as well, in addition to being a TownMeeting Representative from Precinct five.

Selectwoman Chair Clare JeannotteClare Jeannotte also has not, as yet, announced her intentions as to whether she isrunning for another term on the Board. She is scheduled to be on my November 3rd P.I. Show, alongwith Jon Kurland. Clare may also let us know if she's running before that date. Clare is serving in her firstterm on the Board of Selectmen, and serves the town in many other capacities as well, in addition to beinga Town Meeting Representative from Precinct seven.

There may be other Selectman candidates this year. Roy Earley and I will do our best to keep you informedat to who they are...why they're running...and what their goals are if elected.

I will be hosting my 14th annual Selectmen Debate on the P.I. Show in late February.... shortly after thenomination papers are due into the town clerk's office.

Jon KurlandJon KurlandSelectmen candidate for 2010Selectmen candidate for 2010

I am running for Selectman to put experienced leadership backon the Board, which, in my opinion, has all too often bowed to thepolitical pressures of special interest groups instead of providingthe vision and leadership that is necessary to recognize thechallenges facing Chelmsford . True leadership is having thecourage to meet those challenges in a way that benefits thewhole town from cost and quality of life standpoints in the longrun, even when doing so runs the risk of annoying certain specialinterest and politically well-connected groups in town.

For two years the DPW/Fire committee composed of qualified citizens and subject matter expertsstudied our current DPW/Fire service delivery models and determined that our DPW and Central Firestation facilities are in dire need of replacement. We have known since 1987 about the structuralproblems with the fire station yet nothing has been done to permenantly address the problem.I believe that the time to act is now, when construction and money costs are low and constructioncompanies are hungry. Every year we wait will add 4-6% to project costs, and when we are finallycompelled to act, we will have to accept a band-aid rather than a permanent fix, because to dootherwise will be too costly. The fact that three of the members of the Board of Selectmen votedagainst this plan shows that they lack the vision to recognize the pressing needs of the communityor the courage to take on the politically well-connected groups. I possess the foresight and, as aresult of my seven years on the Finance Committee, the experience to appreciate that when thereis a depressed economy needed projects can be completed at great savings to the town.

By the same token, now is the time to build a new DPW facility. After a thorough review of all loca-tions, the committee found that buying a vacant building with adjoining land on Alpha Road willreduce the cost of a DPW facility from $31,000,000 to $13,000,000. Following this recommendationwill save the town even more money on the operations side because housing our DPW equipmentindoors (equipment is currently stored in the open) will add at least five years to the life of theequipment as well as save labor costs. DPW employees freed from the maintenance laborassociated with outside equipment storage will now have more time to provide direct servicessuch as road maintenance and snow removal. Despite the comprehensive nature of the committee'sstudy and recommendations, one Board member voted to oppose the DPW plan that would save thetown $18,000,000 for a project that is long overdue, because, as he said, “This is a great project, butnow is not the time.” When will there ever be a better time from cost and labor availabilitystandpoints?

The Finance Committee voted to support both projects recognizing that significant savings will re-sult by financing projects when interest rates and the cost of labor and materials are at historicallows. Fortunately for the town,Town Meeting Representatives overwhelmingly voted in favor of bothprojects. The way that bonding would be structured ensures that there would be no property taxincreases until 2013 at which time taxes would increase an average of $76 per year for two (2) yearsbefore dropping down to this year's level and falling every year thereafter. By addressing theseissues now, we reduce the cost and solve two longstanding challenges cost-effectively.It is now up to voters to decide whether to approve the debt exclusion so that these projects mayproceed.

I don’t want to be looking back five years from now, when we are forced to address these criticalneeds, to a time when we could have made a permanent fix at a fraction of the future cost.Chelmsford has too many past examples of this “penny-wise, pound foolish” type thinking thathave added millions to our long term-capital budgets.

JonJonKurlandKurland

Special Town Meeting took the necessary action of adopting local options Hotel and meals taxes.An additional tax of ¾ of 1% will be added to a Chelmsford restaurant bill. Seventy-Five Cents on a$100 bill, and all seventy-five cents stays right in Chelmsford . Hotel patrons will have to pay anadditional 2% when they lodge in Chelmsford .

Three of the five members of the current Board endorsed and lobbied the state to give the town theability to adopt these local tax options. One member ran for election in 2008 declaring his supportfor, and agreement with, enacting these local option taxes. Yet when it came time to supportenactment, he and two others voted against their adoption. Clearly some Board members areguided by short-term political considerations when it comes time to act.

Fortunately,Town Meeting Reps endorsed the Finance Committee’s recommendation and voted toapprove these taxes which will generate enough revenue to prevent the loss of 4 teachers, apoliceman and a firefighter. I spoke with Chief Parow who confirmed that based upon currentstaffing levels, the loss of a firefighter would have resulted in the closing of another fire station(South Station is already closed indefinitely).

It is never popular to raise taxes. But sometimes you have to act in the best long-term interest ofthe town, even if it means that your prospects for re-election are harmed. The first thing that stateLegislators ask towns who come to them for additional funds is, “what have you done locally toimprove your revenue picture?” The fact that the Town took this proactive action to help itself willgo a long way in helping us to get more state aid. Opposing the adoption of the local tax optionwent against the Board’s own prior efforts, and clearly indicates, in my opinion, that certainmembers cannot stand up to the political pressures of those who would do nothing to preserveChelmsford’s modest service standards and quality of life.

Some Selectmen refuse to address today's challenges. Leadership is not kicking the can down theroad so that it becomes someone else's problem in the future. Our future is now and we must takeadvantage of all reasonable opportunities before they are lost forever.

Any town official who uses the polls to determine his/her position is not a leader but a follower. Ifelected, I will listen to all sides before making a decision. Leaders must demonstrate vision andcourage to do what is in the best interests of the town in the long run. Sometimes the majority isnot right.

I have been on the Finance Committee for 7 years and Chairman for 2 of those years. I was thePresident of the Lowell Rotary Club in 1992-1993. I have served as Chairman of the Board ofMerrimack Valley Goodwill Industries for three years and was the 1992 Volunteer of theYear.I am a founding member of the Greater Lowell Alzheimer Association which later became part ofthe Eastern Massachusetts Alzheimer Association. I served on the Board of Directors on theGreater Lowell YMCA. I have over 30 years experience as a practicing Attorney, and have success-fully established and run the law firm of Kurland and Grossman, P.C. since July, 1979. I believe thatevery municipal board of selectmen benefits from having an attorney as one of its members.None of the current Board members is an attorney.

If elected, in addition to the above, I would push for additional savings in medical insurance costsfor the town. If we participated in the state GIC program we could save around $1,000,000. While Iunderstand the concerns of the unions, particularly as the plan provides for retirees' perscriptionbenefits, we need to do something to control spirilling medical insurance costs. By way ofdisclosure, my wife recently retired after many years of service as a guidance counselor in theChelmsford Public Schools, so we would be among those affected by any changes. We have theability to assure that Chelmsford will continue to remain an outstanding community but we mustchange the course. Otherwise we could be like many other towns that merely maintain the statusquo and do not strive for excellence.

Jon H. Kurland

http://www.wickedlocal.com/chelmsford/news/x2145963918/Gift-Fund-will-help-support-biking-walking-endeavors-in-Chelmsford

Gift Fund will help support biking, walking endeavors in ChelmsfordBy J. Michael GarvinTue Aug 18, 2009

CHELMSFORD -The Chelmsford Bicycle and Pedestrian Advisory Committee (BPAC) is pleased to announce an exciting new way forChelmsford residents, business owners, or any other group or individual, to make a difference in promoting improvementsto make our town more bicycle and pedestrian friendly.

A BPAC Gift Fund has been established by Town Manager Paul Cohen. This fund will allow the town to implement impor-tant measures to advance the goals of improving walking or bicycling mobility and safety in and around town, increasingthe ability for people to frequent retail and dining establishments or recreational sites – all at a time when the town has noroom in its existing budget for these improvements.

BPAC is a nine-member committee, appointed by the town manager, meeting once a month to discuss bicycle and pedes-trian issues in Chelmsford.We will be making recommendations to the town about what projects should be funded fromthe BPAC Gift Fund account. Once a recommendation is approved by the town manager, the project can be paid for out offunds in the account. Any donations will be deposited with the town treasurer, and the town accountant will track the fund’sreceipts.

Typical projects to be recommended may include installation of bike racks along town streets in retail areas, new bikeroute or pedestrian crossing signage at critical locations, or upgrading of traffic signals to include audible pedestrian sig-nals for assisting vision impaired pedestrians. Bike racks of the style BPAC has recommended for town streets could costseveral hundred dollars for the material and installation, for example.

The establishment of this Gift Fund allows these projects to be funded through the generosity of those in town who shareour vision of creating a more bicycle and pedestrian friendly community for its residents and businesses.

If you would like to make a difference by making a donation, please make your check payable to “Town of Chelmsford,” put“Bike/Pedestrian Improvements” on the memo line, and send to:Town of Chelmsford50 Billerica RoadChelmsford, MA 01824Attn: Town Manager’s Office, BPAC Gift Fund

If you are interested in making a contribution of your time, we have one vacancy on our committee. Please contact thetown manager’s office or visit the town Web site for information on applying for this position.Please see the BPACWeb page http://www.townofchelmsford.us/Bicycle.cfm for additional information.

J. Michael Garvin is the vice chairman of the Chelmsford Bicycle and Pedestrian Advisory Committee.He can be contacted at JMGarvin@comcast.net.

THE RAIL TRAIL GRAND OPENINGby Tom Christiano

The Bruce Freeman Rail Trail (BFRT) had it's long awaited GrandOpening on Saturday, August 29, 2009! There were hundreds ofpeople packed into the Old Town Hall in Chelmsford to celebrate theopening of the BFRT. Many town and state leaders were there,along with hundreds of rail trail supporters. The photos I took at thisjoyous occasion are shown nearby in this "In Town Report."

Congratulations to everyone... especially all thosewho helped make this day a reality! The time hascome to celebrate...then bike ride...or walk...orski...or rollerblade...or just get out there and exercisein any way you can.

A few of the rail trail rules of use are as follows:*The Trail is open from dawn until dusk* Stop at all road crossings* Stay on the right side of the trail, with no more thantwo (2) abreast, including dogs* Switch to single file in heavy traffic* Call out to warn when passing (a small bike bellmay prove useful for this)* State Law requires children 16 & younger to wear ahelmet while biking* Helmets are strongly encouraged for all bike riders& rollerbladers* No motorized vehicles are allowed on the trail* All dogs must be on a leash and in control at alltimes. You must clean up after your dog.

For further information about the trail, please visit:http://www.brucefreemanrailtrail.org/

www.chelmsfordmassnews.comwww.chelmsfordmassnews.com

School business manager says he'll retire this yearSchool business manager says he'll retire this yearKevin ZimmermanKevin Zimmerman/Staff Reporter 31.AUG.09

Classes won't begin until tomorrow, but the Chelmsford school system already faces its first va-cancy.

Business Manager Robert Cruickshank informed school officials he plans to retire in February2010.

"That's what he tells me," said Superintendent Donald Yeoman. "But he'stold me that before.We're going to wait a few weeks and see if he's on thelevel."

If Cruickshank follows through with his retirement this time, school officialswill begin to craft a list of job requirements for his replacement, said Yeo-man.

"We'll be setting the criteria soon," said Yeoman.

Yeoman expects to put together a brochure listing the requirements for thenext business manager. He will then advertise the position and conduct in-terviews before recommending a candidate to the School Committee.

The committee is expected to have Cruickshank's replacement in place in February ratherthan finish out the year without a business manager.

"You can't do that," said Yeoman.

http://www.wickedlocal.com/chelmsford/news/education/x772326641/Chelmsford-superintendent-ready-for-opening-day

Chelmsford superintendent ready for opening dayChelmsford superintendent ready for opening dayBy Stephanie Seeliger/correspondent

Chelmsford IndependentFri Aug 28, 2009

CHELMSFORD - Each morning around sunrise, Don Yeoman, the superintendent of Chelmsford schools, runs two to four miles. Originallyfrom Illinois, the educator of 40 years has always had a passion for running. During the back-to-school season, this is just the prelude to what

can stretch into a 14-hour workday.This summer has been a busy time for Yeoman, who is going into his third year as Chelmsford’s superin-tendent. In an effort to become more energy efficient, the school has worked on the plumbing to eliminatethe use of two hot water heaters. The McCarthy Middle School’s gymnasium had its floor refinished for thefirst time in over 50 years. Also, a ceiling collapsed at the high school in the end of July. The repairs costthe schools $30,000. The ceiling will be repaired for the first day of classes.

Budgeting is always a huge concern for the school system, and one that weighs on Yeoman’s mind.“Let’s say 5 or 10 years ago, there were many more dollars to replace text books on time.We had dollarsto hire the kinds of staff we needed,” he said.

The tight budget had Yeoman pushing for the local option meals and room occupancy taxes to go through at the special Town Meeting. Thesetaxes are expected to bring in $200,000 for the schools.Without it, he was concerned that he will not be able to offer the staffing and pro-grams that students need to succeed.

“Because we’ve been cutting back, cutting back, we’re only going to have 12 new [teachers] instead of 50 or 60,” he said. “This year we had tomake cuts mainly at the high school. Let’s say the English department offered 24 sections of one subject, maybe it’s down to 15, so there arefewer options for kids and class sizes will go up because of that.”

The meals tax and room occupancy tax passed at the Aug. 17 Town Meeting. In addition, some federal stimulus money coming in will go to-ward bringing back staff members, buying textbooks, and training the staff.

The first daysBy 7:19 a.m., when high school classes convene, Yeoman has already gone to as many schools as he can to visit with principals, custodians,cooks and others. Next he returns to his office to make sure that the busses are running smoothly. This is a big concern during the first fewweeks of classes.Next, he must work out the kinks in the student roster. He has found that challenges can spring up unexpectedly at the beginning of the year.

“Last year we had 50 kids come in that we didn’t expect. Then the kids that came in over the summer, are they enrolled appropriately in theright classes and the right schools?” he said.After answering calls and e-mails and holding a daily cabinet meeting, it is supposed to be time for lunch.

“So now it’s noon or after and so often we don’t get lunch because there’s too much to do,” he said. “But if we can, I grab my raisins and nutsand [Assistand Superintendent] Frank [Tiano] grabs an apple and sandwich and we go down for 15 minutes, and we eat and try not to talkabout work.”

As late as 8:30 p.m., Yeoman has finally finished visiting schools, answering questions and returning phone calls. He makes it a point to bevisible and accessible to the schools’ principals in case they need to address an issue.

He has found that being Chelmsford’s superintendent is a lot like being the folk legend Johnny Appleseed.

“He planted apple trees all over the Midwest and he never lived to see all of those trees,” he said. “We’re not going to live to see the lives of allof these kids when they grow up, and how they provide for their families and their communities.You plant the seeds.You water the plant.Youencourage, you care for, you coach people, and you know things are going to be better whether or not you are going to be there.It’s really exciting.”

Tom ChristianoSeptember 4, 2009

I was first alerted to the problems at VarneyPark when I watched the last Board ofSelectmen meeting in August. Matt Sheehan& Karen Dussourd spoke during the OpenSession period and let the community knowwhat has been going on up there at the Park.I was shocked to hear about the improper lan-guage and behavior of some of the park visi-tors.

I therefore gave Matt Sheehan a call andasked if I could see the Park myself to assessthe situation and to take photos and write anarticle for this IN TOWN REPORT. A few ofthe photos I took at the Park on August 28thare shown in this report. I was given adetailed, two hour tour of the park by MattSheehan, and was accompanied on the tourby Selectman George Dixon, by Selectmancandidate Matt Hanson, and by the hardwork-ing Varney Park Volunteer, Santiago Rios.

Overall, the Park is a wonderful asset to thetown. The huge Freeman Lake is beautiful.There is a small beach area, with rest roomsand a snack shop located in an old cinderblock building on a small hill nearby. Thevolunteer constructed playground is very largeand well built. While we were there I couldsee many children playing there and having agreat time. The large ballfield is anotherextraordinary feature of the park. It is namedafter a very generous donor to the Park, Mr.Ayottte.

Matt Sheehan, Santiago Rios, and many ofthe other nearby residents have been workingvery hard to improve the Park and keep it safefor everyone to use, from dawn till dusk.Unfortunately, as detailed in the letters whichare copied, in part, below, there are somesignificant problems which the town needs toaddress.

The IN TOWN REPORT will keep you up-dated about the status of Varney Park as wego forward in time. Matt SheehanMatt Sheehan willwillbe a panelist on my political disbe a panelist on my political dis--cussion cable TV show on Tuesday,cussion cable TV show on Tuesday,September 8th, along withSeptember 8th, along with MattMattHanson, Mary FrantzHanson, Mary Frantz andand SteveSteveRobertsRoberts . That show will air on. That show will air onchannel 8 for two weeks.channel 8 for two weeks.One of our discssion topics will beOne of our discssion topics will beVarney ParkVarney Park ..

VARNEY PARKVARNEY PARKPROBLEMS & POTENTIALPROBLEMS & POTENTIAL

Photos by Tom ChristianoPhotos by Tom Christiano

The following letter was written to our town leaders by Brian Carey, a Chelmsford resident living at 50 Gay Street.The following letter was written to our town leaders by Brian Carey, a Chelmsford resident living at 50 Gay Street.

As a resident of Chelmsford and more particularly living in the Varney Park Neighborhood I have become increasinglyconcerned with many of the goings-on at Varney Park and the beach. As someone who frequents the baseball field,playground and beach I have found the state of these facilities at time reprehensible. I have witnessed used condoms,soiled diapers, hot coals from grills, half empty wine/liquor/beer bottles and cans on the beach, in the woods and in theplayground on several occasions. In addition, many cigarette butts littering the grounds throughout the Varney Parkcomplex. Although, the many volunteers of Varney Park clean these things up on a regular basis it is disheartening thatthey must do this on a regular basis.

I have taken my children (ages 11, 9 and 2) to the park on many occasions and wit-nessed people smoking marijuana, drinking alcohol and being vulgar in their actionsand language. I have approached many people partaking in this behavior and beentold on several occasions to "F-Off". This type of behavior in a public park used byfamilies and children is completely unacceptable. Finally, many of the peoplefrequenting the park and beach are not Chelmsford residents and in many casesappear to be potential gang members.

I fear the reluctance by our town authorities to take strong action with these manyproblems has served to embolden the perpetrators and will eventually lead to anescalation of these problems. God forbid something unspeakable happens to a childusing the park or family using the park and or beach.

I understand the resources available to our police force are limited during these tough financial times. However, an in-creased police presence at Varney Park with occasional foot patrols of police officers through the park and beach wouldhelp reduce and hopefully eliminate the problems. I hope these actions by the many good volunteers who work tomaintain Varney Park will not go unsupported by our town officials.

Sincerely,Brian Carey

The following letter was written to our town leaders by Karen Dussourd, a Chelmsford resident living atThe following letter was written to our town leaders by Karen Dussourd, a Chelmsford resident living at16 Washington Street.16 Washington Street.

In June when I went to visit the park with my 2 children and 2 of my neighbors a young boy about 15 years old ap-proached my neighbors son to play with him. At first I thought they new one another but after hearing the language fromthe older boy I spoke to him and told him he is not allowed to use that language around a 6 year old. I soon discoveredthat they did not know one another, I then told the older boy he is not under any circumstances allowed to play with any ofthese children. He and his friend went on their way to the other side of the park.

After that day there have been several instances with pre-teenage children and teenage children around the park usingbad language, running around and almost knocking the little children down.

I have also seen several adults using bad language and leaving trash all around thepark.

My son's bike was stolen directly from my garage. When I reported it to the police, hesaid that it happens frequently with kids taking bikes to go back and forth from homeand the park. My son feels he wants to go to the park and find the teenager who stolethe bike, (we have a description of the kids). My son is 8 and I will not let him confronta teenager but with no security down at the park who knows what can happen.

All around I do not feel like I can relax at the park and just let my children play. Myguard is always up and I feel uncomfortable.

We moved into this neighborhood because of the library, (which is now constantly closed) and park were a safe area toraise our children.

Thank you for taking the time to listen and I hope things may change.

Karen DussourdPhotos by Tom ChristianoPhotos by Tom Christiano

******************************************************************************************************************************************Residents address the Board of Selectmen andTown Manager about conditions at Varney Park

CLICK HERECLICK HERE FOR VIDEO

http://www.boston.com/news/local/articles/2009/08/13/owner_says_chelmsford_overestimated_value_of_mobile_homes/?p1=HP_Well_YourTown_headlines

BOSTON GLOBEBOSTON GLOBE

Renters, owner blast taxes on Chelmsford mobile home parkRenters, owner blast taxes on Chelmsford mobile home parkAssessments chafe renters, owner

By Katheleen Conti, Globe Staff | August 13, 2009

Betty Pacheco does not think the mobile home she shares with her husband, Bob, in Chelmsford should be assessed forproperty taxes, but if it must, she would like an accurate assessment and an opportunity to file for senior citizen tax ex-emptions.

At the least, she said, she would like to see an actual bill.

For 4 1/2 years, the Pachecos have lived in a mobile home on a lot they rent at the Chelmsford Mobile Home Park, whichhas 255 lots on Littleton Road. Although rents had increased slightly in previous years, the Pachecos were suddenly hitwith a $600 rent hike last year, or an extra $50 a month, as a result of the town’s decision in 2008 to assess a value of$30,000 per mobile home at the park.

That increased the property value from $3.8 million to $11.5 million and raised the property taxes of park owner Carl De-Cotis by about $100,000 a year, said his attorney, Gregg S. Haladyna.

State law exempts mobile home residents from property taxes, but allows for park owners or operators to recover thosecosts through the rent charged to residents. Chelmsford is the first community in the state to employ this assessmentmethod on mobile homes.

But DeCotis is challenging the assessment in state court as well as the Massachusetts Appellate Tax Board. The taxboard has scheduled a hearing for Oct. 19, said Haladyna, who is handling that case for DeCotis. If the panels find infavor of the town, it could set a precedent for similar property assessments in the state’s 251 mobile home parks in 106communities.

“The majority of us here disagree with the assessment put on the homes,’’ said Pacheco, 64, who is now paying $600 amonth in rent. “We’re living on two Social Security checks and an unemployment check. It’s not enough. . . .We think[town officials] are making up their own rules. Everybody thinks it’s because they’re desperate for cash.’’

Pacheco said the majority of the homes in the park are over 34 years old, and likely not worth more than $25,000.

The town’s chief assessor, Frank T. Reen, said last week that the Board of Assessors and town counsel advised him notto elaborate on the matter due to pending appeals. He said that two years ago, he and a newly formed Board of Asses-sors began to research the way the town was calculating the property’s value, and made sure to consult state law.

In fiscal 2007, the taxes paid on the property were $48,536, Reen said. In fiscal ’08, when the new assessment was inplace, the taxes paid were $155,661. Although he could not comment further, in an interview with the Globe last year,Reen stated that the properties at the park “have taken on enough of the characteristics to be considered a conventionalhome.’’

Town Manager Paul Cohen denied the town is taxing mobile homes. He said the property’s value assessment is fair andbased only on “the income generated by that property.’’

“There is this perception we’re taxing the residents, but they’ve never received a tax bill from the town and they never will,’’Cohen said. “The town’s responsibility is to assess the land owner for the fair market value of his property.’’

Park tenants, who include low-income seniors and residents on disability, are in effect paying not only for the increase inproperty taxes, but also for the fee in lieu of taxes that the park owner, the town and the state attorney general’s office in-cluded in a 1991 consent judgment, said Sanford A. Kowal, who represents Chelmsford Mobile Home Park PropertiesLLC in the Superior Court case. Owner DeCotis created the limited liability company last December.

The judgment, which stemmed from the owner’s threat to close the mobile home park, included provisions to keep thepark open for 30 years, to tie rent increases to the annual value of the land, and to pay the town an annual fee in lieu oftaxes, Kowal said.

“The town ignored that agreement and taxed us, so now we have a right to pass it on to the tenant, so they’re payingtwice - one for the fee and one for the tax,’’ Kowal said. “I don’t know how they can collect both.’’ Cohen denied the town vi-olated the agreement.

The lawsuit filed in Middlesex Superior Court was dismissed in May by Judge Herman J. Smith Jr., who ruled the parkowner should have first gone through the Appellate Tax Board.

Kowal filed an application two weeks ago to have the Supreme Judicial Court hear the appeal directly.

Billboards are sign of futureBillboards are sign of futureBy Rita Savard, rsavard@lowellsun.com

http://www.lowellsun.com/local/ci_1325198609/02/2009

CHELMSFORD -- Revenue-boosting billboards are backon the front-burner as Town Meeting prepares to vote on a20-year lease for two of the outdoor structures.

In the spring, Town Meeting approved the creation of atleast three billboard overlay districts to help bring in up to$90,000 in additional revenue.

Now that the Attorney General's office has approved thoseplans, Town Meeting will vote on Oct. 19 on three more ar-ticles that could place billboards next to Chelmsford HighSchool and at Oak Hill on Route 3, near the Scotty Hollowtownhouses.

An earlier plan to erect a third billboard at the Route 3 andInterstate 495 interchange was canceled because the area is marked as conservation land.

"We could see the billboards in place as early as next spring," said Town Manager Paul Cohen.

The three articles will include clarifying language in the town's bylaw so uses conform with the overlay dis-tricts, allowing the School Committee to identify school land as surplus and pass control over to the Boardof Selectmen, and finally, to give selectmen approval to enter a 20-year lease for a billboard.

The billboard proposal was initially brought forward by Chelmsford resident Sal Lupoli, owner of the Sal'sPizza chain, as a way to generate money for a new athletic field. Lupoli, who owns several billboards of hisown, said outdoor advertising can snare thousands of dollars for the town for years to come.

During the spring, Lupoli explained that the MBTA was asking $175,000 as a minimum bid from companiesto advertise on an MBTA billboard in Lowell along Interstate 495.

While Cohen couldn't say for sure how much revenue Chelmsford will make off the billboards, he said thetown has an advantage because "there are no other municipally owned billboard sites in this region."

Although a two-thirds majority approved the overlay districts in the spring, talk of putting billboards up inChelmsford did not sit well with some at Town Meeting.

"I do not want to see this town tattooed by billboards, which in the end becomes graffiti," said Town Meetingrepresentative Fran McDougal.

But in the end, more voters saw the addition of a few billboards as a creative way to save jobs and preservepublic services.

If Town Meeting approves the articles in October, the town will then submit an application to the PlanningBoard for a special permit to build the two structures.

Cohen, who supports the billboard proposal for its earning potential, said he doesn't see the structures asintrusive to the town.

"They'll just be visible from the highway," Cohen said.

www.chelmsfordmassnews.comwww.chelmsfordmassnews.com

BOS, FinComm and School Committee to discuss insurance optionsKevin ZimmermanKevin Zimmerman/Staff Reporter 01.SEP.09

At a work session Monday night, the Board of Selectmen voted to proceed with a Sept. 21 joint meeting be-tween itself, the Finance Committee and the School Committee to discuss employee health insurancecosts.

Although union representatives at last Tuesday's Insurance Advisory Board meeting requested the upcom-ing meeting be canceled, selectmen unanimously agreed taxpayers have a right to hear information aboutthe current plan and viable alternatives.

"This is not a bargaining session," said BOS Chairman Clare Jeannotte. "This is just to put the informationout there to make sure everyone gets it. There is as much misunderstanding as understanding on thisissue."

Chelmsford currently pays $10.4 million in employee and retiree health benefits. "The state run Group In-surance Commission would cost the town $9.3 million. A comparable Blue Cross alternative would chargethe town about $8.8 million.

Both the alternative and GIC programs come with higher co-pays for most office visit, hospital stays andsome procedures now completely covered.

One of the sticking points, however, seems to be the difference in prescription costs for retirees.

Under the current plan, a mailed prescription for a generic drug costs retirees $2 for a three-month supply.That jumps up to $15 for a brand name.

If the town switched to a GIC plan, mailed prescriptions for a generic drug would cost retirees $20 for athree-month supply. Brand names go for $50 and top tier drugs cost $110.

Employee representatives are reluctant to make the switch because higher co-pays would hurt retirees andmembers who have multiple prescriptions, said Town Manager Paul Cohen.

During the Insurance Advisory Board meeting, employee reps suggested they would be more open to thechange if the town created a fund to reimburse heavy users for prescription costs, said Cohen.

"They also want a portion of the town's savings," said Cohen.

Under the current plan, premiums for an individual cost $561.36 per month and for a family costs$1,454.81, of which the town pays 75 percent and the employee pays 25 percent.

A Blue Cross alternative plan would lower premiums to $500.50 per month for individuals and $1,297.10 amonth for families with the same 75/25 percent split between the town and employee.

"This is a budget buster," said Selectman Eric Dahlberg. "People paying for this deserve to hear this. Thereis $2 million to save effortlessly."

Selectman Sean Scanlon agreed the session would help board members understand the unions' stance.

"If you believe you're entitled to something, stand up for it," said Scanlon.

Although the Sept. 21 meeting at the Senior Center will be open to the public, Jeannotte stressed it is not apublic-input session.

"The meeting will be a presentation to the boards to hear from experts," said Jeannotte. "None of us aretrying to gut employee benefits.We're looking to find a solution all three boards can stand behind."

BOSTON GLOBEBOSTON GLOBEhttp://www.boston.com/realestate/news/articles/2009/08/19/opponents_file_petition_to_repeal_mass_affordable_housing_law/

Affordable housing lawAffordable housing law faces new challengefaces new challenge

Activist says 40B foes are more frustrated and more organizedActivist says 40B foes are more frustrated and more organizedBy Jenifer B. McKim

Globe Staff / August 19, 2009

Opponents and advocates of the state’s contentious affordable housing law are preparing for battle - again - after a petition to repeal the 1969law was submitted to the state attorney general’s office.

The petition, submitted by the nonprofit Coalition to Repeal 40B, would place the decision before voters in November 2010. The effortlaunches a statewide campaign that is bound to heat up a simmering fight over the law, which opponents say unfairly usurps local control overplanning without truly helping to provide housing for working families.

John Belskis, an Arlington retiree who leads the coalition, said critics are more frustrated and more organized than they were two years ago,when members failed to collect enough signatures to get on the ballot. Members in 184 cities and towns are planning to get the required66,593 signatures before the due date of Dec. 2, he said.

“We were amateurs two years ago. This is a true grass-roots organization,We were amateurs two years ago. This is a true grass-roots organization,’’ Belskis said. “We’ve almost doubled our membership.We’ve almost doubled our membership.’’

Under the law, builders are allowed to bypass certain zoning restrictions in communities where less than 10 percent of the housing stock isclassified as affordable. To do so, they must set aside 25 percent of the units they build for residents who make less than 80 percent of thecommunity’s median income. Profits for such projects are capped at 20 percent, with any excess channeled back to the cities and towns to beused to create more housing.

Supporters say they will fight to defend the law, which they believe has been fundamental in creating housing for working families. More than50,000 homes have been built under 40B, of which 28,000 have been designated affordable and set aside for families that meet state incomecriteria, according to the state Department of Housing and Community Development.

Aaron Gornstein, executive director of the Citizens’ Housing and Planning Association, a nonprofit advocacy group, said supporters of the laware taking the petition seriously and will work to educate the public.

“We are facing a situation of rising unemployment and record foreclosures, and the need for housing that is affordable for working families isgreater than ever,’’ Gornstein said. “That is why it is so important that this successful program be preserved.’’

Barry Bluestone, director of the Dukakis Center for Urban and Regional Policy at Northeastern University, said it is imperative for the health ofthe state’s economy that people be able to find affordable housing.

“Losing something like 40B would be disastrous, because it would take away one of the major instruments to promote affordable housing foryoung people,’’ said Bluestone. “This referendum could be devastating to the economy.’’

Opponents of the law argue that it is used by developers to build high density projects, extracting huge profits at the expense of communities.They say the affordable units are too expensive for many working families.

State Senator Robert Hedlund, a Weymouth Republican, said many communities are growing increasingly frustrated by housing projects cre-ated under 40B. He said he is confident opponents will garner enough signatures to move the petition forward. Hedlund recently filed a bill torequire 40B projects to meet local wetlands bylaws, following concerns about a proposal to build a project along a salt marsh in Scituate.

Kristen McEvoy of Groton said she is meeting with members from 10 communities to devise a strategy for gathering signatures. McEvoy be-came involved in the effort two years ago after fighting a 40B development next to her house. Since then, she said, the development hasstalled.

“Two years ago, we had to educate the public about 40B. Now I’ve got people calling me,Two years ago, we had to educate the public about 40B. Now I’ve got people calling me,’’ McEvoy said. “We know what we areWe know what we aredoing. We are going to get these signatures and get it on the ballotdoing. We are going to get these signatures and get it on the ballot.’’

Jenifer McKim can be reaches at jmckim@globe.com.

******************************************************************************************

Boston HeraldBoston Herald Repeal eyed for housing lawRepeal eyed for housing lawBy Christine McConville | Thursday, September 3, 2009By Christine McConville | Thursday, September 3, 2009

http://www.bostonherald.com/business/real_estate/view.bg?articleid=1195120http://www.bostonherald.com/business/real_estate/view.bg?articleid=1195120

The fate of chapter 40B, the state’s ever-controversial affordable housing law, just might be up to the people after all.The fate of chapter 40B, the state’s ever-controversial affordable housing law, just might be up to the people after all.

The Massachusetts Attorney General’s office yesterday approved a petition to repeal the law.The Massachusetts Attorney General’s office yesterday approved a petition to repeal the law.

Now, repeal supporters need to collect 66,593 signatures of registered Massachusetts voters to land the question on aNow, repeal supporters need to collect 66,593 signatures of registered Massachusetts voters to land the question on astatewide ballot.statewide ballot.

Repeal organizer John Belskis of Arlington said more than 400 volunteers in some 200 Massachusetts communities will be outRepeal organizer John Belskis of Arlington said more than 400 volunteers in some 200 Massachusetts communities will be outcollecting signatures soon.collecting signatures soon.

The law allows developers to bypass local height, density and zoning rules if they designate at least 20 percent of their housingThe law allows developers to bypass local height, density and zoning rules if they designate at least 20 percent of their housingunits for lower-income people.units for lower-income people.

The law’s supporters say it has created thousands of much-needed low-cost housing, while critics say it has hurt communitiesThe law’s supporters say it has created thousands of much-needed low-cost housing, while critics say it has hurt communitiesand enriched developers.and enriched developers.

Two years ago, when 40B critics tried to repeal the law with a similar petition, the housing market was still robust,Two years ago, when 40B critics tried to repeal the law with a similar petition, the housing market was still robust,and developers fought it vigorously.and developers fought it vigorously.

New 40B40B Proposal in the "WESTLANDS”

""WESTLANDS PLACEWESTLANDS PLACE""40B on Selectmen's agenda Monday

by Kevin ZimmermanKevin Zimmerman

08/09/0908/09/09

It’s been awhile, but a developer plans to present a Local Initiative Program (LIP) 40B for theBoard of Selectmen’s endorsement Monday night.

Developer Glenn Kohl, of Wildwood Street, wants to construct Westlands Place, a two-familyrental unit located near Fair and Arlington streets in the Westlands.

The 72,300 square-foot parcel is mostly wetlandsmostly wetlands, but Kohl plans to build the 50 foot by 27 ½foot, two-story dwelling on 12,000 square feet of upland.

Both units will include three bedrooms and one bathroom.One unit will be rented at market rates, the other at an affordable rate.Kohl will need the Zoning Board of Appeals to grant two comprehensive permits: one to allow amulti-family use in a Residential (RB) District and another because the bylaw requires 150 feetof frontage and this property has only 41 feet.

Under a LIP, a developer seeks an endorsement from the selectmen, which in theory encour-ages other boards to sign off on the project.

Kohl already has secured a yes vote from the Chelmsford Housing Authority.

In a letter dated May 6, David Hedison, the authority’s executive director, wrote, “BecauseBecausethere is a need for affordable rental units within the community and the fact that thethere is a need for affordable rental units within the community and the fact that therent will be set at 50 percent of median area income, the Board voted to support therent will be set at 50 percent of median area income, the Board voted to support theconceptconcept.”

Although only one would be affordable, because both units are rentals, they both will count to-ward the goal of having 10 percent of the town’s housing stock deemed affordable.

*******************************

------------http://www.townofchelmsford.us/BOS-Upcoming-Meetings.cfm

Actions taken at the August 10 Board of Selectmen meeting:Actions taken at the August 10 Board of Selectmen meeting:

Heard a presentation by Joseph Shanahan regarding a proposed LIP project on ArlingtonStreet; deferred further action until September 14September 14.

Re-Zoning Chelmsford Street ?Re-Zoning Chelmsford Street ?

Building up more businesses in the Westlands??Building up more businesses in the Westlands??

Could the day come when there will be no moreCould the day come when there will be no moreresidential homes along Chelmsford Street???residential homes along Chelmsford Street???

What will be the “MASTER PLAN” ?What will be the “MASTER PLAN” ?

www.chelmsfordmassnews.comwww.chelmsfordmassnews.com

A case study in changeA case study in changeKevin Zimmerman/Kevin Zimmerman/Staff Reporter 14.AUG.09

In an effort to move its proceedings to a more prompt and predictable permitting process, the Planning Board has starteda zoning review targeting areas ripe for redevelopment.

On Wednesday, the board's consultant, Angus Jennings of Concord Square Development, presented several case studieson commercial sites he believes require the zoning changes before attracting investors."Flexibility is essential," said Jennings. "You keep what the town wants to achieve but be flexible to accommodatethe unique situations."

To prove the point, discussed multiple parcels along Chelmsford Street, which lack required setbacks, frontage and lot sizeminimums.

Without zoning changes, each lot would need several waivers and special permits before any type of redevelopment couldoccur.

"You want to market the town for potential economic development,"said Community Development Director Evan Be-lansky. "Through the zoning bylaws you say there are certain areas in town the board feels are prime and ready forredevelopment with expedited permitting."Although "study did not look into what types of businesses might work at each site, it did suggest radical changes to thecurrent zoning requirements along the Route 110 corridor.

"As you drive in what is the progression you see?" said . "Now there is a lot of open space and it's not doing whatit could."If the goal of the town is to create a thriving commercial/retail district along ChelmsfordIf the goal of the town is to create a thriving commercial/retail district along ChelmsfordStreet from Route 3 to the Center, change is necessaryStreet from Route 3 to the Center, change is necessary, said Jennings.

Properties at 271, 277, 279 and currently fail to meet lot size requirements, which in the Shopping Center (CC) zone needto be 100,000 square feet, lot width minimums of 200 feet and the 200 feet frontage requirement.Combining some ofthose lots would address nearly all of those issues.He also suggested eliminating the need for any setback along one side of the parcel would increase the lot's attractive-ness to developers.

Other things changes would consider include altering some of the landscaping and parking requirements.Board member Sue Carter agreed some of the zoning requirements hinder redevelopment, but stressed the need for thetown to secure support of residents before moving forward. "We need to come up with something to sell toWe need to come up with something to sell tothe residents as well,the residents as well," said Carter. "We have to be realistic about itWe have to be realistic about it."acknowledged the study takes abroad approach to redevelopment and some suggestions may not work in all locales.

But for Belansky keeping the status quo is counterproductive.

"The town is sending mixed signals," said Belansky. "There is existing land zoned commercial you want for rede-velopment, but the bylaws are preventing it."

***************************************From: "Joanne Anderson" <aanderson5@comcast.net>

Date: August 21, 2009 10:25:24 AM EDTTo: "Roy Earley" <re007hq@comcast.net>

Subject: Fw: Chelmsford St.Chelmsford St.

Hi Roy,

Thought you might be interested in this story and possibly having this included in your next in-town report as I feel themore people are made aware of this potential addition of traffic, etc. to Chelmsford St, the more we can make noise tohelp make changes so it does not happen.I looked into this after reading Kevin's article as well as speaking with Debbie Dery and Evan.

Joanne----- Original Message -----From: Joanne AndersonTo: Colleen Stansfield

Sent: Thursday, August 20, 2009 11:03 AMSubject: Chelmsford St.

Hi Colleen,

I was wonder ing i f you could clar i fy some issues I have in regards to the recent plan-ning board meet ing with the consul tant in regards to areas on Chelmsford St. thatcould be developed. I thought you would be the best person to ask f i rst s ince you l ivein the area.

I spoke with Evan yesterday for about 30 minutes. He basical ly said, i t 's going to hap-pen, al l you can do is not just s i t around and wait and then not be happy with whatgoes there. First of al l , isn ' t one of the addresses the si te where there is current ly ahouse? I know I 've spoken with the owner and he has no intent ion of putt ing a bussi-ness there. As a matter of fact , i f you remember he used to have the l iquor store andi t was never open.

The addresses I was concerned about as wel l are on ei ther side of the second en-trance tothe mal l . The one next to Feng Shui and the other side. First of al l , why arewe looking at an area that is already so busy to add more business? When I askedEvan this quest ion, his answer was basical ly that we can' t te l l a business where theyshould or shouldn' t go as I suggested that i t seems crazy to suggest new construct ionon lots that don' t work i f there is empty spaces downtown.

Evan told me we should get together as a neighborhood and try to change the zoningby- laws so that only the type of business we feel would be appropr iate for the area isplaced there and not anything l ike McDonalds or Dunkin Donuts which technical lycould be there based on the shopping center zoning. He basical ly said your hands asthe planning board, are t ied by the type of zoning that is in place and regardless ofhow inappropr iate the area might be, i f something wants to be there that f i ts the zon-ing i t wi l l be there as we have not made the zoning a way that would not permit i t .

I bel ieve these lots are considered unable to be used because they do not met the re-quirements for cer tain things and would need mult ip le var iances etc. However, I t ap-pears to me l ike this consul tant is suggest ing that you change cer tain things such aslandscaping, footage, etc to make these si tes work.

Please let me know your thoughts on this. I am very concerned about fur ther conges-t ion etc along this stretch of Chelmsford St. Just as an example, my husband was rearended last year wait ing to take a lef t down to our street.

There are constant ly people taking i l legal lef t hand turns into the mal l dr iveway onChelmsford St. before the l ights as they don' t want to have to go to the l ights and wait .And, of course, we can' t forget that inevi tably I bel ieve Stop and Shop wi l l be bui l t andlook down the street in Lowel l and Lowe's wi l l be here before we know it .

Thanks,Joanne Anderson

Please feel free to pass my concerns onto your board members.Please feel free to pass my concerns onto your board members.

Seeking more info on the subject I contacted George Zaharoolis Planning Board ChairmanSeeking more info on the subject I contacted George Zaharoolis Planning Board Chairman

----------------------------Roy in response to your e-mail.

The study being done by Angus Jennings from Concord Square Planning & Development is NOT a studycommissioned by the Planning Board. The Planning Board had NO say in the parameters or the locationsfor the case study. The presentation that was made was to inform the Planning Board of the study and toprovide us with an update.This study was commissioned by the Community Development Office to review the Town of Chelmsford’sZoning By-Laws pursuant to Mass Gen. Law Ch 43D Expedited Permitting.As stated in the presentation cover letter submitted to the Planning Board the summary of the project is;

• Review existing land use regulations as they apply to redevelopment projects,• Using a case study approach, examine the hypothetical effect of such polices on redevelopment op-portunities for

selected sites in Chelmsford.• Where appropriate, recommend amendments to existing policies that would advance the town’s rede-velopment

objectives.

The study is reviewing our existing bylaws and how it pertains to possible redevelopment sites throughoutthe Town of Chelmsford. Once this study is completed, it will be presented to the town for further review. TheTown may elect to select some, all, or none of the recommendations put forth. Of course, any reviewprocess [bylaw, rule and/or regulation change] that would involve the Planning Board would include publicinput. As with any review process that takes place, the Planning Board goes to great lengths to make surethat we hear all of the concerns of Chelmsford residents.

I would encourage you to contact Evan Belansky in the Community Development office for further informa-tion on the study.

Sincerely,

George Zaharoolis**************************

I then contacted Evan Belansky - Community Development DirectorI then contacted Evan Belansky - Community Development DirectorAsking As Community Development Director do you have a vision for theAsking As Community Development Director do you have a vision for theChelmsford Street/Route 110 corridor from Rt. 3 to the center?Chelmsford Street/Route 110 corridor from Rt. 3 to the center?Please explain???Please explain???

----------------------------

Response to the In Town Report by Evan Belansky, dated September 2, 2009Response to the In Town Report by Evan Belansky, dated September 2, 2009

Prior to directly answering your question as to if I, as the Community Development Director, havePrior to directly answering your question as to if I, as the Community Development Director, havea vision for the Chelmsford Street/Route 110 corridor from Rt. 3 to the center, some backgrounda vision for the Chelmsford Street/Route 110 corridor from Rt. 3 to the center, some backgroundand contextual information is warranted.and contextual information is warranted.

The Planning Board meeting of August 5, 2009, as referenced in the “Chelmsfordmassnews”The Planning Board meeting of August 5, 2009, as referenced in the “Chelmsfordmassnews”article, in which a zoning consultant presented several redevelopment case studies, one of whicharticle, in which a zoning consultant presented several redevelopment case studies, one of whichwas located at the properties of 271, 277, 279 & 283 Chelmsford Street, must not be viewed aswas located at the properties of 271, 277, 279 & 283 Chelmsford Street, must not be viewed asan isolated discussion, but an event within a comprehensive, coordinated and continuingan isolated discussion, but an event within a comprehensive, coordinated and continuingprocess.process.

Specifically, dating back to June 17, 2008, the Town’s Economic Development Manager and ISpecifically, dating back to June 17, 2008, the Town’s Economic Development Manager and Ipresented the economic suitability and opportunities for seven strategic areas in Chelmsford.presented the economic suitability and opportunities for seven strategic areas in Chelmsford.

One of these areas was the Route 110 (Chelmsford St.) corridor from Route 495 to Route 3.One of these areas was the Route 110 (Chelmsford St.) corridor from Route 495 to Route 3.This presentation identified the properties located at 271, 277, 279 & 283 as vacant and / or unThis presentation identified the properties located at 271, 277, 279 & 283 as vacant and / or un--derutilized and available for potential development.derutilized and available for potential development.

During October of 2008, several events of significance occurred. The first was the PlanningDuring October of 2008, several events of significance occurred. The first was the PlanningBoard’s approval of the redevelopment of the former Skip’s property, located at 116 ChelmsfordBoard’s approval of the redevelopment of the former Skip’s property, located at 116 ChelmsfordStreet and the other was Town Meetings adoption of Chapter 43D, “Expedited Permitting”.Street and the other was Town Meetings adoption of Chapter 43D, “Expedited Permitting”.

These events are significant because as part of the Skip’s review and approval process memThese events are significant because as part of the Skip’s review and approval process mem--bers the Planning Board began to express a potential need and desire to explore the adoptionbers the Planning Board began to express a potential need and desire to explore the adoptionof “redevelopment” zoning bylaws. Town Meetings adoption of the 43D statute was also signifiof “redevelopment” zoning bylaws. Town Meetings adoption of the 43D statute was also signifi --cant because it set the stage for the Town to receive $60,000 in technical assistance grants forcant because it set the stage for the Town to receive $60,000 in technical assistance grants forthe implementation of expedited permitting and the removal of barriers to economic developthe implementation of expedited permitting and the removal of barriers to economic develop--ment.ment.

Following up on Town Meeting, in December 2008, the State approved the Town’s proposed utiFollowing up on Town Meeting, in December 2008, the State approved the Town’s proposed uti --lization of the $60,000 43D grant. Specifically, $10,000 was dedicated towards a review of exlization of the $60,000 43D grant. Specifically, $10,000 was dedicated towards a review of ex--isting land use regulations as they apply to redevelopment and recommended amendments toisting land use regulations as they apply to redevelopment and recommended amendments toexisting policies that would advance the Town’s economic development goals and objectives.existing policies that would advance the Town’s economic development goals and objectives.

On March 25, 2009 and April 22, 2009, the Community Development Department presented theOn March 25, 2009 and April 22, 2009, the Community Development Department presented thedraft Economic Development Plan to the Planning Board, at which time members of the Boarddraft Economic Development Plan to the Planning Board, at which time members of the Boardprovided input and feedback.provided input and feedback.

Beginning in March 2009 and continuing to the present, the Master Plan Committee beganBeginning in March 2009 and continuing to the present, the Master Plan Committee beganmeeting and initiated the process of crafting a draft vision statement. One of the reoccurringmeeting and initiated the process of crafting a draft vision statement. One of the reoccurringthemes was the need to promote economic development via redevelopment opportunities. Thisthemes was the need to promote economic development via redevelopment opportunities. Thistheme was supported by input received from the public.theme was supported by input received from the public.

The above events led to the Planning Board on August 5, 2009.The above events led to the Planning Board on August 5, 2009.

So, to your original question, my vision for Chelmsford Street/Route 110 corridor from Rt. 3 toSo, to your original question, my vision for Chelmsford Street/Route 110 corridor from Rt. 3 tothe center mirrors the Town’s vision, as expressed in existing land use regulations and planningthe center mirrors the Town’s vision, as expressed in existing land use regulations and planningdocuments, in this case the Zoning map, zoning bylaw and planning documents such as thedocuments, in this case the Zoning map, zoning bylaw and planning documents such as the1996 Master Plan, the draft Economic Development Plan and the ongoing update of the Master1996 Master Plan, the draft Economic Development Plan and the ongoing update of the Masterplanplan

However, my role within the planning process, is to assist the Town, specifically the policy makHowever, my role within the planning process, is to assist the Town, specifically the policy mak--ers, in articulating and implementing their Vision and associated goals and objectives; in thisers, in articulating and implementing their Vision and associated goals and objectives; in thiscase the economic development via redevelopment of properties.case the economic development via redevelopment of properties.

Hence, based upon the Vision, as articulated above, the subject parcels, along ChelmsfordHence, based upon the Vision, as articulated above, the subject parcels, along ChelmsfordStreet, being zoned commercially as “Shopping Center”, and thereby presenting a preference,Street, being zoned commercially as “Shopping Center”, and thereby presenting a preference,appropriateness and desire for commercial development in accordance with the standards setappropriateness and desire for commercial development in accordance with the standards setforth in the zoning bylaw, but the standards within the Zoning Bylaw, resulting in the subject lotsforth in the zoning bylaw, but the standards within the Zoning Bylaw, resulting in the subject lotsall being non-conforming as it relates to lot area and frontage, therefore requiring significantall being non-conforming as it relates to lot area and frontage, therefore requiring significantzoning relief in the form of a variance from the Zoning Board in order to be developed, thesezoning relief in the form of a variance from the Zoning Board in order to be developed, theselots were chosen as case studies for potential candidates for redevelopment zoning.lots were chosen as case studies for potential candidates for redevelopment zoning.

As a side note, my discussion and recommendations to Joanne Anderson were intended to serve as aAs a side note, my discussion and recommendations to Joanne Anderson were intended to serve as a

“heads up” to her that the existing zoning allows for many uses, some of which may not be viewed“heads up” to her that the existing zoning allows for many uses, some of which may not be viewed

favorably by an abutter or neighborhood, such as fast food restaurants with drive-thru or strip plazas,favorably by an abutter or neighborhood, such as fast food restaurants with drive-thru or strip plazas,

and if this is the case, that those concerns need to be brought to the attention of the Planning Boardand if this is the case, that those concerns need to be brought to the attention of the Planning Board

and Master Plan Committee.and Master Plan Committee.

My comment on “it is going to happen” simply means that change is inevitable. Sooner or later, basedMy comment on “it is going to happen” simply means that change is inevitable. Sooner or later, based

upon a premier location, economics and a property owners desire to receive a financial benefit, theupon a premier location, economics and a property owners desire to receive a financial benefit, the

necessary steps will be taken, such as lot consolidation, to move these types of non-conformingnecessary steps will be taken, such as lot consolidation, to move these types of non-conforming

properties to a position were development / redevelopment is a more likely scenario. Simply relyingproperties to a position were development / redevelopment is a more likely scenario. Simply relying

on the premise that the lots are not developable based upon being non-conforming and that if a Boardon the premise that the lots are not developable based upon being non-conforming and that if a Board

or neighborhood does not want a particular use, is not a logical or reasonable to think or assume thator neighborhood does not want a particular use, is not a logical or reasonable to think or assume that

it will not become developable and therefore conforming in the future or that denying a project isit will not become developable and therefore conforming in the future or that denying a project is

legally or fiscally responsible.legally or fiscally responsible.

EvanEvan

********************Finally I contacted Jim Lane (Master Plan Chairman) for his take on the news articleFinally I contacted Jim Lane (Master Plan Chairman) for his take on the news article

----------------------------

In Town Report CommentaryIn Town Report Commentaryby Jim Lane/Chairman of the Master Plan Committeeby Jim Lane/Chairman of the Master Plan Committee

At the request of the “In Town Report” I am providing input on behalf of the master planAt the request of the “In Town Report” I am providing input on behalf of the master plancommittee in reference to August 14th, 2009 on line article entitled “A Case Study In Change.”committee in reference to August 14th, 2009 on line article entitled “A Case Study In Change.”

In the fall of 2008, town meeting approved Katrina road as a designated chapter 43D site. ThisIn the fall of 2008, town meeting approved Katrina road as a designated chapter 43D site. Thisenabled the town to capitalize on state grant money to invest in a consultant to review the town’senabled the town to capitalize on state grant money to invest in a consultant to review the town’seconomic development and perform case studies on selected areas in town and how thoseeconomic development and perform case studies on selected areas in town and how thoseareas may be better suited for redevelopment. As a result of this funding, the Town of Chelmsareas may be better suited for redevelopment. As a result of this funding, the Town of Chelms--ford (not the planning board as noted in the article) entered into a contract with Concord Squareford (not the planning board as noted in the article) entered into a contract with Concord SquareDevelopment, Neither the planning board nor the master plan committee provided the chosenDevelopment, Neither the planning board nor the master plan committee provided the chosencase study sites or were involved with the study process. The master plan committee has notcase study sites or were involved with the study process. The master plan committee has notheard the Concord Square Development presentation however it may be beneficial to do soheard the Concord Square Development presentation however it may be beneficial to do soduring our process.during our process.

During the master plan public input sessions there was a reoccurring theme focused on redevelDuring the master plan public input sessions there was a reoccurring theme focused on redevel--opment and the general support for sustainable economic development that fits the characterisopment and the general support for sustainable economic development that fits the characteris--tics of Chelmsford. It is important to note the master plan committee is focused on all areas oftics of Chelmsford. It is important to note the master plan committee is focused on all areas ofthe town regarding economic development and is not solely discussing the route 110 corridors.the town regarding economic development and is not solely discussing the route 110 corridors.Some of the public session feedback has brought items such as amenity zoning for the 129Some of the public session feedback has brought items such as amenity zoning for the 129corridor; overlay districts for the town squares and the use of a streamlined permitting processcorridor; overlay districts for the town squares and the use of a streamlined permitting processto help attract solid businesses into the town.to help attract solid businesses into the town.

In summary, the master plan committee was not created to dictate policy. They were formed toIn summary, the master plan committee was not created to dictate policy. They were formed tofacilitate a process based on public input, data collection and historical information and to usefacilitate a process based on public input, data collection and historical information and to usethat process to establish a document that will guide the town’s policy makers, boards and resithat process to establish a document that will guide the town’s policy makers, boards and resi--dents for the next 10-15 years with regards to land use, housing, economic development, opendents for the next 10-15 years with regards to land use, housing, economic development, openspace and recreation, historical, natural and cultural resources, infrastructure and transportaspace and recreation, historical, natural and cultural resources, infrastructure and transporta--tion. More importantly the committee will be charged with making recommendations to the plantion. More importantly the committee will be charged with making recommendations to the plan--ning board to form an implementation committee that will be focused on maintaining the integrityning board to form an implementation committee that will be focused on maintaining the integrityof the document and to provide guidance to future boards, committees and town departments.of the document and to provide guidance to future boards, committees and town departments.

Please feel free to come to our next public input session on September 17th @ the Senior CenPlease feel free to come to our next public input session on September 17th @ the Senior Cen--ter from 7-9pm. The session will focus on Infrastructure, Transportation, Services and Facilitiester from 7-9pm. The session will focus on Infrastructure, Transportation, Services and Facilitiesneeds for the town. The master plan committee meets on the 2nd and 4th Thursday of eachneeds for the town. The master plan committee meets on the 2nd and 4th Thursday of eachmonth @ the town offices, 6:30pm and each meeting begins with open session.month @ the town offices, 6:30pm and each meeting begins with open session.

----------------------------

The Trials and Tribulations of Aggrevate. err, I mean Aggregate----------------------------------------------------

Chelmsford firm fined $2.75MChelmsford firm fined $2.75Mhttp://www.lowellsun.com/ci_13150752

By Rita Savard, rsavard@lowellsun.com08/18/2009

CHELMSFORD -- Aggregate IndustriesAggregate Industries-Northeast Region Inc. will pay $2.75 million in fines for Clean Water Actviolations, under an agreement with the Environmental Protection Agency and the U.S. Department of Justice.

The penalty, which included violations at the company's Chelmsford plant on Oak Street, is the largest everThe penalty, which included violations at the company's Chelmsford plant on Oak Street, is the largest everassessed to a nation-wide ready mix concrete company for storm-water violations.assessed to a nation-wide ready mix concrete company for storm-water violations.

The violations took place at 23 of the company's facilities in Massachusetts and New Hampshire, and spanned from June2001 through earlier this year, according to court documents.

"For environmental quality in Chelmsford, Aggregate is required to do additional monitoring over its permit reFor environmental quality in Chelmsford, Aggregate is required to do additional monitoring over its permit re--quirements to make sure they're not putting pollutants into surface watersquirements to make sure they're not putting pollutants into surface waters," said EPA senior enforcement counselMargery Adams. "That includes monthly inspections and visual monitoring of storm water discharges, with AgThat includes monthly inspections and visual monitoring of storm water discharges, with Ag--gregate providing the EPA results of the samplingsgregate providing the EPA results of the samplings."

John C. Cruden, acting assistant attorney general for the Justice Department's Environment and Natural Resources Divi-sion, said the settlement will result in better management practices and improved compliance to prevent harmful storm-water runoff.

The complaint, filed in federal court with the settlement, alleges a pattern of violations since 2001 that were discoveredafter several federal inspections at the company's facilities. The violations included failure to document routine facility in-spections and failure to perform quarterly monitoring and annual evaluations. In addition, the company allegedly dischargedprocess waste waters, sanitary waste waters and storm water without proper permits from several facilities.

Process waters include waters from sand and gravel concrete production operations such as vehicle and equipment clean-ing, aggregate processing and washing, and concrete truck washout.

At the facilities where permits were in place, the complaint alleges that the company failed to have proper drainage, failedto perform pavement sweeping and failed to maintain catch basins. The runoff, which contained total suspended solids, oiland grease, metals, and other materials detrimental to aquatic life and water quality, flowed into wetlands, steams andbrooks that flowed into tributaries of the Atlantic Ocean.

"Ultimately, pollutants were reaching waters that provide ecological valueUltimately, pollutants were reaching waters that provide ecological value," Adams said.

Since being notified of the violations by EPA, Adams said the asphalt manufacturing giant has made significant improve-ments to its storm water management systems, including at its Oak Street site in Chelmsford.

During an EPA inspection in April 2006, the Chelmsford facility proved to be effectively separating its storm water flow fromthe town road, and from other potential outlets, Adams said.

Aggregate spokesman Derek Young said the issues raised in Thursday's settlement were in the past and have since beenresolved.

"We have taken steps to improve the environment both as a result of this and because it's the right thing to do," Young said.

The company has spent $6.8 million from 2003 to 2005 upgrading its water discharge systems "above and beyond what'srequired at all the affected sites," Young added.

Chelmsford Town Manager Paul Cohen said Aggregate has performed drainage and storm water improvements at the site,and received the necessary permits to do so from the Conservation Commission in 2006.

Aggregate was also ordered to perform comprehensive compliance evaluations at each of its 43 facilities in New England,as well as any facilities acquired in the next three years, to ensure that they are in compliance with the Clean Water Act.

Last year, Aggregate became the subject of controversy in Chelmsford when the company approached town ofLast year, Aggregate became the subject of controversy in Chelmsford when the company approached town of--ficials for a permit to add more storage tanks at the Oak Street site. The permit request came two months afterficials for a permit to add more storage tanks at the Oak Street site. The permit request came two months afterthe asphalt manufacturer was fined $587,000 by the state in April 2008 to settle Clean Air Act violations althe asphalt manufacturer was fined $587,000 by the state in April 2008 to settle Clean Air Act violations al--leged at 10 of its 28 Massachusetts facilities.leged at 10 of its 28 Massachusetts facilities.

Chelmsford residents argued that if Aggregate was allowed to inChelmsford residents argued that if Aggregate was allowed to in--crease its storage capacity, it would pose a threat to the environcrease its storage capacity, it would pose a threat to the environ--ment and adversely impact their health. Aggregate eventuallyment and adversely impact their health. Aggregate eventuallywithdrew its request, blaming the stalled economy.withdrew its request, blaming the stalled economy.

"In addition to the penalty, which is significant, it sends a message"In addition to the penalty, which is significant, it sends a messageto the industry to pay attention to and comply with the Clean Waterto the industry to pay attention to and comply with the Clean WaterAct," Adams said. "We plan to keep a close eye on Aggregate toAct," Adams said. "We plan to keep a close eye on Aggregate tomake sure it continues to be in compliance."make sure it continues to be in compliance."

Submitted by : the Chelmsford Public Librarythe Chelmsford Public Library

Important Announcement from the Chelmsford Public Library:Important Announcement from the Chelmsford Public Library:

At a special Town Meeting on Aug 16th, town reps voted to adopt new taxes in order to help offset the Town's budget short-fall. Unfortunately, this didn't close the budget gap entirely, so Town Departments, including the Library, are making an addi-tional 2% cut to their operating budgets effective September 1, 2009.

What This Means for the Library

This latest cut to our budget (which is about $8,000 – on top of the initial $100,000 cut for FY10) will affect the Library inseveral ways:

1. Reduction of Hours at the Main Library- opening time on Friday and Saturday will now be 9:30 a.m. (instead of 9:00a.m.). This has the benefit of bringing Friday and Saturday opening time in line with the rest of the days of the week. Thenew hours are Mon-Thu 9:30 a.m. - 9:00 p.m. and Fri-Sat 9:30 a.m. - 5:30 p.m.

2. Reduction of our Materials Budget - This latest cut further reduces our book budget.We continue to be the busiest libraryin the consortium but our collection resources are now limited. Donations from the public are greatly appreciated and cannow be counted towards our municipal requirement for certification. Certification allows us to continue to receive state aidand to participate in inter-library loan within our consortium and across the state. As so many communities are having fi-nancial difficulties, the Board of Library Commissioners will be granting unlimited waivers this year -- provided the cutsmade to the libraries are equitable within the context of other town services.

In addition, as of September 1st, (as a result of the FY10 cut of $100,000) the reduction in MacKay hours goes into effect.

3. Reduction of Hours at the MacKay Branch - MacKay will be closed on Mondays. The new MacKay hours are Wednes-days 1:00 p.m. - 8:00 pm and Friday 10:00 - 5:00 p.m.

The last Monday that MacKay will be open (until our budget situation improves) will be August 31, 2009.

The staff of the Chelmsford Library is always trying to balance the needs and expec-tations of our patrons with the resources we have available to us. Since thesechanges affect all of us, we'd like to hear what you think. If you have questions orsuggestions, please contact Library Director Becky Herrmann at bher-rmann@mvlc.org or 978-256-5521 x101.----------------------------------------------

Dear Friends --

Since the e-mail sent out yesterday, I have received some feedback and some questions.Why did we choose to close anentire day at MacKay rather than reducing hours for each day? Why when the budget is so tight do we continue to keepMacKay open, isn't it a luxury?

To address the first question - we chose Monday, as statistically, it is the least busy day. Closing an entire day rather than aportion, also gives us greater efficiencies in heat, electricity, snow plowing, shoveling, air conditioning, delivery service, cus-todial services and staffing. Monday was the natural choice as it is also a day that we are often closed because of legal holi-days. If for example, we had chosen a Wednesday to close - on a week we had a Monday holiday, the MacKay Branchwould have only been open one day per week. Monday is the better choice. The amended MacKay hours will be Monday –closed;Wednesdays open from 1:00 p.m. - 8:00 p.m. and Fridays open from 10:00 - 5:00 p.m.

As to the second question- the bottom line is that we are still getting a good bang for our buck with MacKay - even at the re-duced schedule. Last year, I posted a fairly lengthy answer to this question on our blog. It explained the trustees' reasoningfor keeping the branch open -- please take a minute if you have a chance and review the entry -http://chelmsfordlibrary.org/blog/2008/06/25/change-in-library-hours-starts-june-30th-2008/

The Anna C. MacKay Library has been a part of the Chelmsford Library community since 1947 -- over the last few years,the trustees have committed funds to renovate and update the Branch building and its services. If and when the budget sit-uation improves, we hope to restore hours and staffing.

Please, if you have further questions or comments, let me know. I look forward to a continued conversation.

Becky Herrmann, Library DirectorChelmsford Public Library25 Boston RoadChelmsford, MA 01824

Phone: 978-256-5521, ext. 101Fax: 978-256-8511E-Mail: bherrmann@mvlc.org

POWER PLANT BUZZPOWER PLANT BUZZ

I know there has not been much news on this subject through the summer but...I know there has not been much news on this subject through the summer but...

No news is not always good newsNo news is not always good news

Fight will continue over proposed power plantFight will continue over proposed power plantBy Brian Messenger

bmessenger@eagletribune.com

ANDOVER — The developer of a proposed power plant in Billerica said the project is on hold, but will be back on track this fallwhen plans are resubmitted to the town's Conservation Commission.

Area residents opposed to the natural gas-burning plant — including several from Andover — said they'll be ready when thetime comes to continue their fight against the facility, which would potentially carry emissions into Tewksbury, Chelmsford, Low-ell and a portion of West Andover.

"I feel like people need to know," said AmyYanowitz of Wild Rose Drive in Andover. "They feel like Billerica is far away,They feel like Billerica is far away,but we're downwind of Billerica.but we're downwind of Billerica."

Emissions from the plant would include low levels of nitrogen dioxide and particulate matter, according to a public report put to-gether last year by Environmental Health and Engineering Inc.

Yanowitz said she is concerned the emissions may cause respiratory problems in her three children, ages 6 and younger. RobCandela of Inwood Lane in Andover, who has asthma, is also worried.

"My concern is there's some emissions coming over that will start to affect me,My concern is there's some emissions coming over that will start to affect me," said Candela.

The 348-megawatt plant would only be used during times of peak electricity consumption, said Joe Fitzpatrick, president andchief executive officer of Thornton, N.H.-based DG Clean Power LLC.

If built, the Billerica Energy Center would be developed by DG Clean Power and owned and operated by Montgomery PowerPartners of Texas.

The plant would be at 134 Billerica Ave. in North Billerica, near the Tewksbury line.

The proposed facility was approved by the state Energy Facilities Siting Board in March. In its decision, the board noted theplant would have a minimum impact on the environment and be operated in accordance with the state's current health and en-vironmental protection policies.

But the plant still needs approval in Billerica.

The Billerica Conservation Commission has denied DG Clean Power an extension on two notices it filed for the project afterthe developer sought to alter its construction plan to accommodate abutting wetlands.

As a result, Fitzpatrick said DG Clean Power has withdrawn the notices and will refile them in the fall.

"It just made more sense to take out a new application,It just made more sense to take out a new application," said Fitzpatrick. "We pretty much signaled what we'll beWe pretty much signaled what we'll becoming back with. We're on a different time framecoming back with. We're on a different time frame."

Fitzpatrick said the biggest question facing the proposed plant is the future of the economy.With electricity consumption down,the demand for a peak-usage plant is not there, he said.

"The bigger issue really is the power market,The bigger issue really is the power market," said Fitzpatrick.

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