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Maynard Select Board · 2022–2023 Board · Regular meeting

August 2, 2022

14 recorded votes, 4 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Armand Diarbekirian, Jeffrey Swanberg, David Gavin, Justine St. John, Chris DiSilva

Absent: None

Every vote, in order

Meeting Minutes

Discuss strategy in negotiations with collective bargaining and non-union personnel, as an open session may have detrimental effects on the bargaining position of the town: LIUNA Professionals and...

Minutes, page 1

ProceduralPassed · No count or names in the minutes

A motion was made by Mr. Swanberg and seconded by Ms. St. John into Executive Session: To discuss strategy in negotiations with collective bargaining and non-union personnel, as an open session may have detrimental effects on the bargaining position of the town: LIUNA Professionals and Public Works Laborers, IAFF Firefighters, Fire Chief, and Director of Public Works. Voted: By roll call. Motion carried.

The minutes record the result but no count or names.

From the minutes

“A motion was made by Mr. Swanberg and seconded by Ms. St. John into Executive Session: To discuss strategy in negotiations with collective bargaining and non-union personnel, as an open session may have detrimental effects on the bargaining position of the town: LIUNA Professionals and Public Works Laborers, IAFF Firefighters, Fire Chief, and Director of Public Works. Voted: By roll call. Motion carried..” (Motion: Swanberg, second: John)

Read it in the official minutes, page 1 (PDF)

Approve the Meeting minutes of July 26, 2022, as shown

Minutes, page 2

Approve minutesPassed · Unanimous, 5 present

A motion was made by Ms. St. John and seconded by Ms. St. John to approve the Meeting minutes of July 26, 2022, as shown. Voted: Motion carried unanimously.

The minutes name Justine St. John as both the mover and the seconder, so no seconder is shown.

From the minutes

“A motion was made by Ms. St. John and seconded by Ms. St. John to approve the Meeting minutes of July 26, 2022, as shown. Voted: Motion carried unanimously..” (Motion: John)

Read it in the official minutes, page 2 (PDF)

Move to accept and approve Correspondences A through D as shown

Minutes, page 2

ApprovePassed · Unanimous, 5 present

A motion was made by Mr. DiSilva and seconded by Ms. St. John to Move to accept and approve Correspondences A through D as shown. A. Verizon Fios TV Programming Change B. Assabet Valley Chamber of Commerce E-Bulletin # 63 C. Finance Committee: 61 Summer Street Disposition inquiry D. Glendale/Colbert Street Complete Street Roadway project concerns Item, C, Mr. Swanberg commented on the procurement process for a lease agreement for the use of 61 Summer Street, and noted that the town only received one proposal, that of Art Space Maynard, and that negotiations were underway for a lease agreement, but that those negotiations were confidential at present. Mr. Gavin added that the Board thoughtfully considered a large array of possibilities for the future of 61-63 Summer Street. Voted: Motion carried unanimously.

From the minutes

“A motion was made by Mr. DiSilva and seconded by Ms. St. John to Move to accept and approve Correspondences A through D as shown. A. Verizon Fios TV Programming Change B. Assabet Valley Chamber of Commerce E-Bulletin # 63 C. Finance Committee: 61 Summer Street Disposition inquiry D. Glendale/Colbert Street Complete Street Roadway project concerns Item, C, Mr. Swanberg commented on the procurement process for a lease agreement for the use of 61 Summer Street, and noted that the town only received one proposal, that of Art Space Maynard, and that negotiations were underway for a lease agreement, but that those negotiations were confidential at present. Mr. Gavin added that the Board thoughtfully considered a large array of possibilities for the future of 61-63 Summer Street. Voted: Motion carried unanimously..” (Motion: DiSilva, second: John)

Read it in the official minutes, page 2 (PDF)

Approve the Consent Agenda Item, as presented

Minutes, page 2

ApprovePassed · Unanimous, 5 present

A motion was made by Ms. St. John and seconded by Mr. DiSilva move to approve the Consent Agenda Item, as presented. Voted: Motion carried unanimously.

From the minutes

“A motion was made by Ms. St. John and seconded by Mr. DiSilva move to approve the Consent Agenda Item, as presented. Voted: Motion carried unanimously..” (Motion: John, second: DiSilva)

Read it in the official minutes, page 2 (PDF)

Approve the street closure of Summer Street in vicinity of Memorial Park on August 21, 2022, in support of the library sponsored Summer Concert

Minutes, page 2

ApprovePassed · Unanimous, 5 present

A motion was made by Mr. Gavin and seconded by Ms. St. John to approve the street closure of Summer Street in vicinity of Memorial Park on August 21, 2022, in support of the library sponsored Summer Concert. Voted: Motion carried unanimously.

From the minutes

“A motion was made by Mr. Gavin and seconded by Ms. St. John to approve the street closure of Summer Street in vicinity of Memorial Park on August 21, 2022, in support of the library sponsored Summer Concert. Voted: Motion carried unanimously..” (Motion: Gavin, second: John)

Read it in the official minutes, page 2 (PDF)

Approve the use of the Assabet River Rail Trail from Nov. 4-14, 2022, in support of the Story Walk from "First Connections

Minutes, page 3

ApprovePassed · Unanimous, 5 present

A motion was made by Mr. DiSilva and seconded by Ms. St. John to approve the use of the Assabet River Rail Trail from Nov. 4-14, 2022, in support of the Story Walk from "First Connections". Voted: Motion carried unanimously.

From the minutes

“A motion was made by Mr. DiSilva and seconded by Ms. St. John to approve the use of the Assabet River Rail Trail from Nov. 4-14, 2022, in support of the Story Walk from "First Connections". Voted: Motion carried unanimously..” (Motion: DiSilva, second: John)

Read it in the official minutes, page 3 (PDF)

Approve the use of Memorial Park on Sunday, August 28, 2022, from 1:00 pm until 5:00 pm by Alex Thayer and his 4-piece band, in accordance with all federal state, and local public health and...

Minutes, page 3

ApprovePassed · Unanimous, 5 present

A motion was made by Mr. DiSilva and seconded by Ms. St. John to approve the use of Memorial Park on Sunday, August 28, 2022, from 1:00 pm until 5:00 pm by Alex Thayer and his 4-piece band, in accordance with all federal state, and local public health and safety guidelines. The Board did not approve the waiving of the insurance requirement, as stated on the application for the use of town property, which was requested by the applicant. Voted: Motion carried unanimously.

From the minutes

“A motion was made by Mr. DiSilva and seconded by Ms. St. John to approve the use of Memorial Park on Sunday, August 28, 2022, from 1:00 pm until 5:00 pm by Alex Thayer and his 4-piece band, in accordance with all federal state, and local public health and safety guidelines. The Board did not approve the waiving of the insurance requirement, as stated on the application for the use of town property, which was requested by the applicant. Voted: Motion carried unanimously..” (Motion: DiSilva, second: John)

Read it in the official minutes, page 3 (PDF)

Appoint Steven Smith to the Conservation Commission for a term to expire June 30, 2024

Minutes, page 3

AppointPassed · Unanimous, 5 present

A motion was made by Ms. St. John and seconded by Mr. DiSilva to appoint Steven Smith to the Conservation Commission for a term to expire June 30, 2024. Voted: Motion carried unanimously.

From the minutes

“A motion was made by Ms. St. John and seconded by Mr. DiSilva to appoint Steven Smith to the Conservation Commission for a term to expire June 30, 2024. Voted: Motion carried unanimously..” (Motion: John, second: DiSilva)

Read it in the official minutes, page 3 (PDF)

Authorize the Town Administrator's Office to issue the Notice of Deficiency under General Law Chapter 61A, Section 14, concerning the property at 182 Parker Street, as presented

Minutes, page 3

ApprovePassed · Unanimous, 5 present

A motion was made Ms. St. John seconded by Mr. Diarbekirian to authorize the Town Administrator's Office to issue the Notice of Deficiency under General Law Chapter 61A, Section 14, concerning the property at 182 Parker Street, as presented. Mr. Gavin considered the possible perspective of the Community Preservation Committee, and perhaps the opportunity for expanded cemetery capacity. Voted: Motion carried unanimously.

From the minutes

“A motion was made Ms. St. John seconded by Mr. Diarbekirian to authorize the Town Administrator's Office to issue the Notice of Deficiency under General Law Chapter 61A, Section 14, concerning the property at 182 Parker Street, as presented. Mr. Gavin considered the possible perspective of the Community Preservation Committee, and perhaps the opportunity for expanded cemetery capacity. Voted: Motion carried unanimously..” (Motion: John, second: Diarbekirian)

Read it in the official minutes, page 3 (PDF)

Approve the employment agreement with Anthony Stowers as Fire Chief for a term of July 1, 2022, to June 30, 2025

Minutes, page 3

ApprovePassed · Unanimous, 5 present

A motion was made Ms. St. John seconded by Mr. DiSilva to approve the employment agreement with Anthony Stowers as Fire Chief for a term of July 1, 2022, to June 30, 2025. Voted: Motion carried unanimously.

From the minutes

“A motion was made Ms. St. John seconded by Mr. DiSilva to approve the employment agreement with Anthony Stowers as Fire Chief for a term of July 1, 2022, to June 30, 2025. Voted: Motion carried unanimously..” (Motion: John, second: DiSilva)

Read it in the official minutes, page 3 (PDF)

Approve the Development Agreement with ASMC LLC for the development located at 2,4, and 6 Powder Mill Road and 2 Waltham Street in Maynard, MA. Identified as Assessor's map number 15 and parcel...

Minutes, page 4

ApprovePassed · 4–1

A motion was made Mr. DiSilva seconded by Mr. Diarbekirian to approve the Development Agreement with ASMC LLC for the development located at 2,4, and 6 Powder Mill Road and 2 Waltham Street in Maynard, MA. Identified as Assessor's map number 15 and parcel numbers 381 and 91, change article 3 item E, regarding parking at site. The Board members deliberation was informed through advice from town staff, specifically Assistant Town Administrator Megan Zammuto, Town Counsel Liz Lydon, Planning Director Bill Nemser and Conservation Agent/ Assistant Town Planner Julia Flanary. Concerns included parking, infrastructure improvements, pedestrian safety, sustainability aspects, mitigation efforts, affordable housing opportunities, economic impact to the area, and performance bonding. It was noted that further development of the site's plans would be considered by the Planning Board and Zoning Board of Appeals, and perhaps other bodies and agencies. Town Counsel advised that Development Agreements cannot be appealed, because they are voluntarily conditional, unlike Special Permits. Voted: 4-1 (Gavin opposed)

Yes: DiSilva, Diarbekirian, John, SwanbergNo: Gavin

From the minutes

“A motion was made Mr. DiSilva seconded by Mr. Diarbekirian to approve the Development Agreement with ASMC LLC for the development located at 2,4, and 6 Powder Mill Road and 2 Waltham Street in Maynard, MA. Identified as Assessor's map number 15 and parcel numbers 381 and 91, change article 3 item E, regarding parking at site. The Board members deliberation was informed through advice from town staff, specifically Assistant Town Administrator Megan Zammuto, Town Counsel Liz Lydon, Planning Director Bill Nemser and Conservation Agent/ Assistant Town Planner Julia Flanary. Concerns included parking, infrastructure improvements, pedestrian safety, sustainability aspects, mitigation efforts, affordable housing opportunities, economic impact to the area, and performance bonding. It was noted that further development of the site's plans would be considered by the Planning Board and Zoning Board of Appeals, and perhaps other bodies and agencies. Town Counsel advised that Development Agreements cannot be appealed, because they are voluntarily conditional, unlike Special Permits. Voted: 4-1 (Gavin opposed).” (Motion: DiSilva, second: Diarbekirian)

Read it in the official minutes, page 4 (PDF)

Approve the host Community Agreement with UPA, Inc. for a proposed Marijuana Delivery Operator facility to be located at 2 Powder Mill Road, Maynard

Minutes, page 4

ApprovePassed · 4–1

A motion was made Ms. St. John seconded by Mr. DiSilva to approve the host Community Agreement with UPA, Inc. for a proposed Marijuana Delivery Operator facility to be located at 2 Powder Mill Road, Maynard. The Board considered the site lay out and the orientation of the proposed marijuana distributor facility. It was noted that the approval of the license will require multiple inspections. Voted: 4-1 (Gavin opposed)

Yes: DiSilva, Diarbekirian, John, SwanbergNo: Gavin

From the minutes

“A motion was made Ms. St. John seconded by Mr. DiSilva to approve the host Community Agreement with UPA, Inc. for a proposed Marijuana Delivery Operator facility to be located at 2 Powder Mill Road, Maynard. The Board considered the site lay out and the orientation of the proposed marijuana distributor facility. It was noted that the approval of the license will require multiple inspections. Voted: 4-1 (Gavin opposed).” (Motion: John, second: DiSilva)

Read it in the official minutes, page 4 (PDF)

Approve Mr. Gavin to the By- Law Review Committee

Minutes, page 4

ApprovePassed · Unanimous, 5 present

A motion was made Ms. St. John seconded by Mr. Diarbekirian to approve Mr. Gavin to the By- Law Review Committee. Voted: Motion carried unanimously.

From the minutes

“A motion was made Ms. St. John seconded by Mr. Diarbekirian to approve Mr. Gavin to the By- Law Review Committee. Voted: Motion carried unanimously..” (Motion: John, second: Diarbekirian)

Read it in the official minutes, page 4 (PDF)

Adjourn

Minutes, page 4

ProceduralPassed · Unanimous, 5 present

A motion was made by Ms. St. John and seconded by Mr. Gavin to adjourn the meeting at 10:00 p.m. Voted: Motion carried unanimously.

From the minutes

“A motion was made by Ms. St. John and seconded by Mr. Gavin to adjourn the meeting at 10:00 p.m. Voted: Motion carried unanimously..” (Motion: John, second: Gavin)

Read it in the official minutes, page 4 (PDF)

From the Maynard Select Board’s official minutes, posted in the town’s Agenda Center (Select Board). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Maynard, Select Board page. Cropped by MassVoter. Former members show initials.

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