In-Town Report 5-20-09

MAY 20 2009

CRAZY LIKE AOn May 1st the FOX morning showvisited Chelmsford

CLICK HERECLICK HEREfor some of the segments that morning

Chelmsford, MA 01824

Located in Middlesex County approximately 30 milesnorthwest of Boston, Chelmsford is a town of about33,000. It was founded in 1653 by settlers fromWoburnand Concord and was incorporated in 1655. It originallycontained the neighboring towns of Carlisle and Westford,as well as parts of Lowell. Chelmsford is named forChelmsford, England and is the only town in the UnitedStates so named.

Historical Highlights

1653 Citizens fromWoburn and Concord settle and foundChelmsford.

1655 - Chelmsford is incorporated, as are nearby Billericaand Groton.

1718 - The first one-room school house is built on theForefathers Burying Ground.

1798 - The first post office in town opens.

1802 - The Chelmsford Glass Works is established.

1803 - The Middlesex Canal is completed connectingChelmsford and Boston.

1835 - The first Lucifer matches to be produced in Amer-ica are manufactured in South Chelmsford.

1879 - The Town Hall is built on North Road.

1893 - The Town votes to establish a Free Public Library.

1901 - The Chelmsford Ginger Ale Company is founded.

1955 - The Drum Hill Rotary at Route is built.

1989 - The legislative body of the town is changed froman open town meeting to a representative one.

2005 - The town celebrates its 350th anniversary.

Chelmsford’sChelmsford’s EARTHDAYEARTHDAY 20092009

Photos : T. Christiano

Residents of the mobile home parktalk with Dennis Ready

about the the town’s attempts toassess the mobile homes

CLICK HERECLICK HERE

Paul Cohen defends the taxingof the mobile home park by the

town onTownTalk

CLICK HERECLICK HERE

He fought the good fightBy Rita Savard, [email protected]

05/17/2009

CHELMSFORD -- Some days, the white van was like a ghost.

DeeDee Reynolds didn't always see it. But she knew when it had been there.

"In the afternoon, I'd look out the window and my lawn would look like a jungle," said the 82-year-old. "The next day, I'd wake upand it would be beautiful."

Whether it was mowing the lawn, fixing a wobbly table or repairing a leaky roof, carpenter Steve Cote left his mark on theChelmsford Mobile Home Park. Friends and neighbors say Cote looked out for the park's elderly and disabled, often doing repairwork at no charge.

And last year, when the Board of Assessors made Chelmsford the first community in the state to tax an entire mobile home park,Cote went before town officials more than once to defend those who could not leave their homes."He had a heart of gold," said neighbor Connie Latham. "He loved the seniors and took it upon himself to look after many ofthem."

But as generous as Cote was, his family said he shouldered the problems of others as if they were his own. It was a heavyweight to carry. On April 1, a year after Cote began fighting against the park's tax increases, he ended his life in his parents'Westford home.

His death shocked his family, and has left a hole in the close-knit mobile home park community on Littleton Road. Because Cote,said his sister Donna Cote, "was so loved."

The line at the Healy Funeral Home spilled out the door and wrapped around the building.Nearly 1,000 people.

His parents, Fran and Ernest Cote, had no idea Steve knew so many people. Cote was the quiet child of their six. The introvert.

"He was quiet, but he was thoughtful," said Fran Cote.

Looking out the window of her Cape-style home, she points out the lawn that her son labored over.

"He did everything for me," Fran says, her eyes tearing up. "He was about to order loam for new grass. But he never got aroundto it."

Cote's daily uniform was painter's pants and a baseball cap. He ran his own business, Steve's Carpentry. Going house to house

in a white van with his company name on the side, Cote mostly did odd jobs and yard work.When the economy went south, hefilled the time by working on his neighbor's trailers.

"Steve knew the people struggling through these tough times, and that the majority of elderly residents in the trailer park are onfixed incomes," Latham said. "He was known for doing work, and never returning to collect any money for it. He felt good knowinghe did something to make somebody else's life a little easier. It's who Steve was."

Instead of money, Ernest Cote said his son would open his own door to find homemade cakes and cookies on his porch.

"He thought that was nice," Ernest said.

His younger sister, Donna, of New Sharon, Maine, said her brother cared deeply about the world around him. He wrote her let-ters, talking about the world changing fast around him. How it disturbed him to see people putting their own needs above othersless fortunate.

Cote knew the faces. He often sat with his senior neighbors who lived alone. Some relied on an assortment of medications to getthrough the day. Some affixed TV dinner trays to antennas to watch their favorite shows at night.

Some skipped dinner to pay bills in the winter. Cote would buy them groceries.

"My brother was a stubborn man who also stood up for what he believed," Donna said.

When his older neighbors began to panic after receiving a notice about the town imposing an unprecedented tax on mobilehomes, Cote grilled town officials. But he was hoping for a different outcome.

The Department of Revenue called it a first.

Under state law, homes on wheels -- much like vehicles -- are generally exempted from real property taxes. But thatchanged in Chelmsford last year, when the Board of Assessors began taxing the park's 255 trailers like permanenthomes.

Chief Assessor Frank Reen said many homes have attached patios and decks, and appear permanent.

"When mobile homes take on the characteristics of a permanent home, they become taxable property," Reen said.

Assessors looked at the average sales of mobile homes in the area and inspected the park. They voted unanimously toassess the trailers at $30,000 each, increasing the park owner's taxes from $3.8 million to $11.5 million a year.

DeCotis filed a lawsuit against the town, but was required by law to pay the taxes until the court rules. DeCotis said he was leftwith no choice but to raise his tenant's rents by an average of $500 a year.

Cote was outraged.

"There are people who live here that are old and disabled, they struggle just to pay for their medications in winter," Cote told aSun reporter last year. "They don't have an extra $20 to pay, let alone $500. An increase like this is really going to hurt these peo-ple, I just don't understand it."

Cote attended selectmen's meetings to challenge the assessor's decision. In Massachusetts, as in many states, a mobile homeis licensed like a vehicle, with owners receiving a title instead of a deed. Much like a vehicle, the market value of a trailer can de-preciate every year depending on age, model, size and condition.

Cote had piles of papers on the costs of different homes. He couldn't understand why assessors fixed a single assessment, whenneighbors like Barbara Curran, 84, paid about $18,000 for her home on wheels nearly 10 years ago.

"They didn't want a sob story," Cote had said, referring to the assessors' announcement that personal hardship stories wouldhave little bearing on their decision.

"So I brought them numbers," he said.

He had stacks of classified ads, showing trailers costing $10,000 to $165,000.

A Superior Court onWednesday dismissed a lawsuit from DeCotis that alleged the town violated an agreement on howtrailers should be taxed. A trial is now scheduled for the state Appellate Tax Board this fall.

Donna, who describes her brother as a "hard-working, simple man, who lived a simple life," said his lost hope reflected in his let-ters.

"He recently wrote to me and addressed the current changing world, the declining economy and that the simple things in lifestarted to become very difficult for him," she said. "But he would continue to wake up every day, hammer and rake in hand andmake a difference for those less fortunate than himself."

Over time, that became too much. Life wore him down, and his depression took over.

"Despite his differences with the world around him, he made big contributions while here," Donna said.

Chelmsford Board of Selectmen - 5-11-09PatWojtas speaks on

Asphalt and 40B projects onthe border of Chelmsford inWestford and Billerica

CLICK HERECLICK HERE

Paul Cohen on Chelmsford cable’sTOWN TALK talks with

Dennis Ready about Verizoncoming to town to offercompetition to Comcast

CLICK HERECLICK HEREPaul Cohen talks abouthis Board of Selectmen

CLICK HERECLICK HERE

His friends at the trailer park say that work will not be forgotten.

Others, like Latham, Denise Sorese and Rachel Harvey have picked up where Cote left off.

"As long as we speak up for others who can't, we will," Latham said. "Steve would have liked to see that."

Last month, park residents and Bentley University professor John Edward, of Chelmsford, met with state Rep. JimArciero, D-Westford, to ask him for help at the State House. Arciero has been working on the issue, and said he be-lieves the issue can be resolved in favor of the residents.

Chelmsford assessors said they based their decision on to change the tax on two cases,Wright vs. Peabody from the1950s and Ellis vs. Acushnet from 1961.

In the Acushnet case, the manufactured home was considered an improvement to the land and therefore assessedalong with the land. Reen said the trailers on DeCotis' property can also be considered an improvement to the land.

DeCotis' lawyer argues that the law says a mobile home is not given the characteristics of a taxable home unless theowner builds a foundation. In the Acushnet case, the mobile home in question was taxed as real property after it wasset atop a foundation.

In the Peabody case, assessors tried to count all trailers in a mobile home park as permanent property.The town lostthe case and was forced to pay legal fees.

The town, said Town Manager Paul Cohen, believes the new tax is not excessive.

As residents of the park prepare to stick out a long legal battle, they say Cote's mark runs deeper thanhe could have ever imagined. Reynolds said just last week, when she looked out her window, her brush-scattered yard had been cleaned.

Cote's family isn't surprised.

"Steve's heart was big," Donna said."His generosity touched and inspired the people around him."

Steve CoteSteve Cote

Economists: State's financial crisisEconomists: State's financial crisiscould last until 2014could last until 2014

By Matt Murphy, [email protected] Matt Murphy, [email protected]/06/200905/06/2009

BOSTON -- Deep cuts to local aid along with health care and education are all possibilities for next year as the state's financial picture seemsto be getting worse by the day.

Economists warned Senate lawmakers yesterday that the financial crisis could last as long as four years, with state revenues not climbingback to 2008 levels until at least 2014.

Sen. Steve Panagiotakos, D-Lowell, chairman of Senate Ways and Means, called for the emergency hearing as he prepares to release theSenate budget next Wednesday.

"There will be cuts to local aid, no doubt about it," Panagiotakos said.

COMPLETE STORY AT http://www.lowellsun.com/ci_12306162

Senate plan will cut school funding by $80MSenate plan will cut school funding by $80MBy Matt Murphy, [email protected]

05/13/2009BOSTON -- State aid to local schools will be cut by 2 percent in the Senate budget plan to be unveiled today, which reflects a harsher finan-cial climate than either the governor or the House had to deal with when crafting their budgets.

Both Gov. Deval Patrick and House leaders managed to level-fund Chapter 70 aid in their budgets, but the Senate's plan will slash funding toschools by $80 million.

Sen. Steve Panagiotakos, a Lowell Democrat and the Senate's budget chief, said the Senate will ask Patrick to use $181 million in federalstimulus funds to make sure every district reaches "foundation level," as mandated by the 1993 Education Reform Act.

Cities and towns, however, will still receive less money for schools than provided by the House because the Senate used a lower, more accu-rate inflation rate to calculate foundation spending.

"The bottom line is that with $1.5 billion less to spend than either the House or the governor, there was no way we could hold that number,"Panagiotakos said.

Though the House estimated inflation at 4.5 percent, the actual rate of inflation has slowed, making it closer to 3 percent.

Details of the budget, which will be announced this morning, are also expected to include deep cuts in local aid to municipal governmentthrough lottery aid and additional assistance that is often used to supplement the schools.

COMPLETE STORY AT http://www.lowellsun.com/ci_12358196http://www.lowellsun.com/ci_12358196

Senate plan for deep local-aid cuts set up tough choicesSenate plan for deep local-aid cuts set up tough choicesBy Matt Murphy, [email protected]

05/14/2009

BOSTON -- Harsh cuts to local aid and other state programs unveiled yesterday in the Senate budget will serve as the backdrop next week aslegislators debate whether to raise taxes.

Senate leaders unveiled a devastating budget yesterday morning that will force cities and towns to dig deep if they hope to avoid layoffs inschools and government offices and cuts to public services.

The $26.7 billion Senate budget, crafted by Ways and Means Chairman Steve Panagiotakos, D-Lowell, includes a 2 percent cut to Chapter 70aid for schools and a 30 percent reduction in other local aid.

"This is an economic situation that we have not faced in generations," Panagiotakos said. "No person or issue has escaped unaffected. Thesebudget recommendations address those realities."

The Senate will ask Gov. Deval Patrick to use $181 million in federal stimulus funds to make sure every school district reaches "foundationlevel," as mandated by the 1993 Education Reform Act.

COMPLETE STORY AT http://www.lowellsun.com/todaysheadlines/ci_12367815

Strange bedfellows:Strange bedfellows:Today's State House hearing on

municipal relief packageTUESDAY, MAY 12, 2009

This morning, I attended a crowded State House hearing on the lat-est proposed municipal relief package (discussed in a previous blogpost here). Testimony was submitted by a number of state and localofficials, union reps and other concerned parties.

I found myself in strong agreement with Boston Mayor Tom Menino,whose testimony led off the hearing. Mayor Menino asked the legislators in attendance to give cities and towns the sameauthority to control health plan design as is currently enjoyed by the state itself. I agree with him 100%, and I'm not justsaying that because the guy has an astronomical approval rating.

I submitted testimony on behalf of the Chelmsford Board of Selectmen. Here it is in its en-tirety:

I am Eric Dahlberg, a member of the Board of Selectmen in the Town of Chelmsford. My col-leagues on the Board and I discussed this testimony at a public meeting last night – pleaseconsider it to express the sentiments of the entire Board.

First things first:We thank the members of this commission for all of your hard work on behalf of Chelmsford and the other350 cities and towns in the Commonwealth. The legislation you have proposed is comprehensive. It includes many provi-sions that we applaud, especially: broadening incentives for regionalization, tightening local tax collection processes, andcreating a state local aid stabilization fund. Should this legislation become law, we will implement or carefully consider allof the new tools you have presented to us.

There is one piece of this commission’s legislative proposal that we find to be a huge disappointment: municipal health in-surance reform.

For some perspective on our disappointment, consider Chelmsford’s circumstances. Our town now spends more than 10cents of every dollar of its roughly $100 million budget on health insurance for municipal employees. Last year, we triedearnestly to work with our unions to join the GIC – as authorized by the powers that were granted to us by the state in2007. Had we succeeded, we could have achieved a total annual savings in excess of $1 million. Regrettably, we were un-able to win the approval of the required super-majority of our unionized employees. This is a prime reason why we so ea-gerly awaited the release of this commission’s set of recommendations.

Upon its release, we were surprised to learn that not only would unionized employees retain the ability to block any effortto achieve health insurance savings, but they would also gain at least indirect influence over the local aid our communityreceives annually from the state.What’s more, this proposal institutes a complicated process necessitating the achieve-ment of “benchmark standards of affordability” and binding arbitration for communities that fail to reach such an achieve-ment. In this time of extremely limited resources, such a heavy administrative burden hardly qualifies as relief.

We implore you to revisit and revise the sections of the legislation that address the hugely important issue of municipalhealth insurance reform. Please remove the administrative burdens and local aid penalty triggers that would be created.Please give the cities and towns of the Commonwealth the same authority to control health insurance costs that is enjoyedby the private sector and by the state itself.

Through this legislation, you are starting to treat cities and towns like adults when it comes to important matters like localtaxes, regionalization and municipal investments. Don’t continue to treat these same communities like children when itcomes to health insurance.*********************************************************

Chelmsford's Rep. Golden takes a stand against 40BMAY 2, 2009

The Massachusetts House is in the midst of the fiscal year 2010 budget process (House budgetpage is available here). House members filed a total of 1,003 amendments to the budget.

The vast majority of these amendments are totally pointless (and expensive, given that the state isflat-broke, but that's a story for another time).

One amendment is worth mentioning: Chelmsford's own Representative Tom Golden filed an amend-ment that would put a one-year moratorium on 40B developments in the state. Chelmsford Reps.Arciero and Nangle co-sponsored the amendment.

The amendment (#727 - text available here) has been withdrawn, which means it's dead, but it's worth noting that it was aChelmsford representative who filed it and, in doing so, took a small stand against 40B, the state's absolutely absurd af-fordable housing law.

Eric Dahlberg's BlogEric Dahlberg's BlogOne Selectman's occasionalthoughts on news and issues impacting Chelmsford andthe Commonwealth...http://ericdahlberg.blogspot.com/

Tom GoldenTom Golden

Housing chief:Chelmsford needs truly affordable homes

http://www.lowellsun.com/local/ci_12349901By Rita Savard, [email protected]

05/12/2009

CHELMSFORD -- To comply with the state law for affordable housing, the town needs 336 more units.

What does that look like?

Imagine 27 more projects the same size and density as Hillside Gardens, a 59-unit condominium complex at 311 Little-ton Road, said Chelmsford Housing Authority Director David Hedison.

"It would be a nightmare," Hedison said, following a presentation he gave to selectmen last night about the town's af-fordable-housing problem. "That's a plan that the residents of this town wouldn't likely embrace."

But with about 1,400 of the town's own residents on a waiting list for affordable housing, Hedison said Chelmsford offi-cials need to take action on a plan that not only protects the town from being overdeveloped, but one that provides trulyaffordable housing.

Hedison, along with Community Development Director Evan Belansky, said the first step in getting there is to appoint anaffordable-housing committee charged with establishing a rule book and design guidelines aimed at giving the townmore teeth when dealing with developers.

"The demand for affordable rental units is huge," Hedison said. "But one major problem is affordability. The units in a lotof these 40B projects aren't affordable for low-income earners."

Under that state's 40B affordable-housing law, 10 percent of a municipality's housing stock must be affordable. Chelms-ford has 12,981 housing units, according to the 2000 census, meaning the town is required to have 1,298 affordableunits. It currently has 973, or 7.5 percent.

Because the law defines affordable at up to 80 percent of median income, Hedison said rents are still out of reach formany.With those projections, Hedison said a one-bedroom apartment would cost $1,153 per month, $1,383 for a two-bedroom and $1,598 for a three-bedroom.

Pricing rents at 50 percent of the median income, would still put a three-bedroom apartment at $1,102 a month -- aprice still unaffordable for many, Hedison said.

"The question is, what is good enough for Chelmsford?" Hedison asked selectmen.

A growing wait-list of local people in need of affordable housing prompted the Housing Authority to put forth a proposalin January to turn the interior of two former Town Halls into affordable housing units. The plan was scrapped after beingwidely rejected by residents. But it opened doors to Chelmsford's housing problem and spurred all six candidates run-ning for two open seats on the Board of Selectmen last month to support forming an affordable-housing committee.

"The selectmen are in the driver's seat on making this committee happen," Hedison said.

Selectmen Chairwoman Clare Jeannotte said the board plans on addressing its goals over the next few weeks for thenew fiscal year beginning July 1. Housing, she said, will no doubt be one of its priorities.

DavidHedison

EvanBelansky

ClareJeannotte

GeorgeDixon CLICK HERECLICK HERE

for Video ofPresentation

ON THE BORDERON THE BORDERHousing plan has Billerica officials in uproarHousing plan has Billerica officials in uproar

http://www.lowellsun.com/ci_12236484By Chris Camire, [email protected]

04/27/2009

BILLERICABILLERICA -- Members of the town's Housing Partnership Committee are criticizing a large40B development proposed near the Chelmsford line, and at least two board members saythey probably won't recommend the project.

Critics say the 14-building, 672-unit development will put a strain on police and fire depart-ments and the town's wastewater-management plant.

"As far as I'm concerned, I don't want them hooking up to the town sewerage," said Select-man Mike Rosa, who is also a member of the Housing Partnership Committee. "They cannottake capacity from residents who have been waiting for it for 30 years."

Developers of the project, known as Aspen Apartments, say it would push Billerica's afford-able stock over 10 percent until at least 2020. The town's affordable-housing stock is cur-rently about 6 percent.

"They're acting as if it's a helpful thing," said Selectman Marc Lombardo, who is also a mem-ber of the Housing Partnership Committee. "We see it as a devastating thing. Most boardsseem to feel that way."

Selectmen have already voted unanimously not to recommend the project, saying the town'swater-treatment facility and wastewater-treatment facility may not be able to handle it.

Passed by the state Legislature in 1969, 40B allows developers to bypass many local zoningrequirements in communities that have not met the state-mandated 10 percent affordable-housing threshold, as long as the developers set aside a portion of the developmentas affordable.

While the Zoning Board of Appeals is the only town board that can vote to approve or denysuch a project, several other boards in town, including the Housing Partnership Committee,must recommend or discourage the project's approval to the ZBA.

"It doesn't appear that anyone is in favor of this project at all," Lombardo said of his fellowboard members. "We have too many concerns with density, traffic, sewer infrastructure."

Vanasse, Hangen and Brustlin, the engineering firm that has been providing the HousingPartnership Committee with information on the project, could not be reached for comment.

The units are 633 square feetto 1,611 square feet. The sitewill feature a clubhouse,swimming pool, tennis court,recreational area and walkingtrails.

Billerica panel: Builder's traffic plan is snarledBillerica panel: Builder's traffic plan is snarledhttp://www.lowellsun.com/todaysheadlines/ci_12401854

By Michael Wurm, Sun Correspondent05/19/2009

BILLERICA -- Aspen Apartments, the affordable-housing project proposed along RangewayRoad, received a unanimous thumbs-down from the Traffic Management Committee lastnight.

Billerica police Sgt. Martin Conway, chairman of the committee, presented the findings to theBoard of Selectmen last night. The board agreed to forward the committee's report to theZoning Board of Appeals for that board's action.

The 672-unit development was filed under state Chapter 40B, which was designed to make iteasier for developers to get projects passed at the local level as long as a certain percentageof the units are deemed affordable.

Conway summarized the company's traffic report, stressing that traffic data show an unusu-ally high number of accidents at Rangeway Road's nearby intersections with Chelmsford,Nashua and Sterling roads. He said the project, as proposed, would only increase those traf-fic dangers.

The report gives these additional reasons for the committee's negative recommendation:

* The project would be just 445 feet from a dangerous curve on Rangeway Road.

* Rangeway Road has poor drainage that has washed away parts of the roadway.

* Rangeway Road would not be wide enough to include a left-turn lane for the project's sec-ond entrance near Sterling Road.

* Rangeway Road is poorly lit.

* In addition to the three intersections already mentioned, there would also be increased risksat the Treble Cove Road-Republic Road intersection.

Among a number of recommendations the committee made to the developer were:

* To move the main project entrance because it is too close, as proposed, to a neighboringlandscape-material business.

* To improve considerably the hazardous curve on Rangeway Road.

* To move utility poles farther in on Rangeway Road.

* To improve drainage on Rangeway Road in order to reduce road erosion.

* To install traffic signals and make other improvements at the impacted intersections.

The committee had voted 9-0 last week to recommend the project's rejection "as currentlyproposed."

ON THE BORDERON THE BORDERResidents in Chelmsford, Westford rip Rte. 40 planResidents in Chelmsford, Westford rip Rte. 40 plan

http://www.lowellsun.com/local/ci_12358163

By Rita Savard, [email protected]/13/2009

WESTFORD -- From foul odors and smoke pollution to trucks banging past homes at dawn, residents in twotowns are questioning a proposal that would place a 4-acre asphalt plant off Groton Road.

If approved, the manufacturing plant at 540 Groton Road would set production in motion for up to 1,000 tonsof asphalt per day. Abutters in Westford and Chelmsford are fired up over the proposal that they argue wouldput their homes along a delivery route where an average of 150 trucks are expected to drive past daily.

"What really irks me is that the town of Westford will not let trucks coming out of the plant take a right turn intotheir town, forcing all the traffic into Chelmsford," said Scott Leedberg, whose home on Groton Road (alsoRoute 40) straddles both towns. "I challenge anybody to try and pull out of my driveway at 7 a.m., during theweek. You're taking your life into your own hands."

Leedberg and his neighbors in Chelmsford and Westford are swiftly forming a coalition to challenge the issuesof truck traffic, air quality and noise that they say will arise with the building of an asphalt plant.

But representatives for asphalt manufacturer Newport Materials LLC say a comprehensive study shows traffic willhardly be affected by their delivery trucks.

"We have addressed all issues, from traffic to noise to odor and emissions," said Scott Tranchemontagne, a com-pany spokesperson. "Most neighbors won't even know it's there once it's up and operating."

According to the company's traffic study, about 13,200 vehicles travel past the facility entrance at 540 GrotonRoad per day. The study, which looks at peak commuting hours from 7 a.m. to 9 a.m., and 4 p.m. to 6 p.m.,would add nine trucks to the morning traffic rush and seven in the afternoon rush hour, the study says.

Chelmsford Town Manager Paul Cohen said it's the idea of trucks traveling on off-peak hours, such as 5 a.m.,that has prompted e-mails from concerned residents on the Chelmsford side of Groton Road.

While trucks would only have access to exit the facility toward the Chelmsford side, as Tranchemontagnepointed out, access to Route 3 is about a half-mile drive down the road in Chelmsford anyway.

The Groton Road site is zoned as a heavy-industrial area, with an existing rock quarry and a cement-productionplant.

Groton Road resident Marie Burnham, who lives on the Chelmsford side of the proposed plant, worries aboutthe plant's emissions in what she sees as a mainly quiet residential neighborhood.

"They say you're not going to smell it because they deodorize it, but you're still getting the toxins," Burnhamsaid. "We have too many children, too many school buses. We have nice homes here in a residential area. Theydon't care about our health. They don't care about the economic impact. They don't care about the traffic-safety impact, and that makes me upset."

Tranchemontagne said the plant will use entirely "next-generation technology," meaning only the most modernand efficient technology available would be used in construction.

"Our asphalt facility will not emit odors that will bother neighbors," he said. "It's designed in such a way wherethat is not an issue."

Chelmsford Selectman Pat Wojtas said she plans to attend the Westford Planning Board's next public hearing onthe issue. Residents' concerns, she said, seem to echo an issue that came up last year in Chelmsford, when agroup of residents fought against the expansion of Aggregate Industries, an asphalt manufacturer off LittletonRoad. The tug-of-war between Aggregate and it neighbors ended in October, when the asphalt maker withdrewits request due to the crippled economy.

Westford Planning Board member Fred Palmer said the proposal is in the preliminary stages, with many morequestions to be answered before the board reaches a decision. Key issues are truck traffic, emissions, noise and fireprotection, he said.

"It's a shame," said Daphne Marsden-Kelly, a resident near Groton Road in Westford. "It's going to impact all thoseproperty values in Westford."

The Westford Planning Board will hold a public hearing Monday, at 7:30 p.m., at the Millennium Building, behindthe Abbot School, 24 Depot St.

Residents protest asphalt facilityResidents protest asphalt facilityBy Prudence Brighton, Sun Correspondent

05/19/2009

WESTFORD -- Westford and Chelmsford residents last night descended on meetings of theBoard of Health and the Planning Board voicing concerns about a proposed asphalt-manufac-turing plant on Groton Road (Route 40).

Newport Materials LLC and 540 Groton Road LLC are proposing to construct an asphalt-manu-facturing plant next to an existing sand and gravel operation that also includes an asphalt-re-cycling facility. The site, on the Westford/Chelmsford line, is less than a half-mile from Route 3.

The Zoning Board of Appeals granted approval for the recycling facility in February with limita-tions on truck traffic and hours of operation. The proposed manufacturing plant was not anissue before the ZBA meeting.

Nearly 50 people appeared at the Board of Health meeting at Westford Academy last night,then proceeded to the Planning Board meeting. At the Planning Board meeting another groupwas already waiting for the public hearing to begin.

Board of Health members seemed caught off-guard by the residents.

Director of Health-care Services Sandy Collins said in her 20-year association with the boardshe had never "seen a crowd like this."

At the Planning Board meeting, newly elected board Chairman Mike Green looked at thecrowd and observed, "Well, there are a few more people here than at the last meeting."

An e-mail storm and a very active blog apparently contributed to the large attendance at lastnight's meetings.

The Planning Board is conducting a continuing public hearing on the proposal that began onMay 4. The board must decide whether to grant site-plan approval and a special permit for theproject.

CLICK HERECLICK HEREforfor

Video ReportVideo Report

While the Planning Board's role in evaluating the proj-ect is clear, the Board of Health is in a different position.Members of that board said they had never been con-fronted with an issue like this and are trying to deter-mine exactly what authority they have.

In the absence of certainty about their role, HealthBoard members urged those in attendance to maketheir concerns known to every appropriate board intown, starting with the Planning Board. Board memberJoanne Martel suggested that they look at the successful effort in the 1990s to block a Wal-Mart from opening in town as a model for how to proceed.

Westford resident Peter Severance spoke before the Board of Health and drew on his experi-ence at the Harvard School of Public Health. He said that one thing "had crystallized for him"regarding all the development in Westford. "No one has really looked hard at air pollution --maybe it's time we did."

At the Planning Board, Attorney Doug Deschenes, representing the companies, gave anoverview of the project. It included the information that the plant would sometimes operate atnight in addition to daytime hours. This drew an audible gasp from the residents crowded intothe hearing room.

Deschenes explained that night paving operations require access to a manufacturing plantwhen crews run low.

When Planning Board members had a chance to question Deschenes, member Andrea Per-aner-Sweet asked if the plant would be running "24-7, yearround."

Deschenes replied that typically asphalt plants shutdown in late October for the winter.

Deschenes introduced a sound engineering expert and an expert on emissions.

A sound engineer from Cavanaugh Tocci Associates spoke about a sound history done on theGroton Road site from March 6 to March 13 to determine the current background noise in thearea.

By using those measurements and measurements at an existing facility, it is possible to predictwhat the sound would be like when the plant is operating. He assured the board that thesound levels met all the strict criteria set out by the Massachusetts Department of Environmen-tal Protection.

An expert on emissions gave similar assurances to the board.

The public hearing has been continued as the Plan-ning Board gathers more information and seeks re-ports from third-party peer reviewers.

ON THE BORDERON THE BORDER

Power company puts Billerica plant on holdPower company puts Billerica plant on holdhttp://www.lowellsun.com/todaysheadlines/ci_12349878

By Chris Camire, [email protected]/12/2009

BILLERICABILLERICA -- The company looking to build a power plant in North Billerica has withdrawn its application for two wetlandspermits -- for now.

Joseph Fitzpatrick, the CEO of DG Clean Power, the plant's developer, said his company will submit a new application inNovember that will address concerns raised by the town's Conservation Commission.

Specifically, the board complained that the plant would disrupt nearby wetlands. Board members also suggested that thesize of the plant should be reduced from six turbines to four.

While there are no plans to change the scope of the plant, Fitzpatrick said a new plan will be submitted that addresses thewetlands issues.

"In fairness, we're looking at a plant that won't be running until 2012 or 2013," Fitzpatrick said. "It's not difficult for us towithdraw the application and reapply."

It was announced earlier this year that, if approved, the in-service date of the $200 million, 348-megawatt, natural-gas-fired power plant would be delayed due to dropping demand for electricity across New England.

The state's Energy Facilities Siting Board issued a permit for the power plant on Billerica Avenue, near the Tewksburytown line, in February.

The next phase of permitting must go through the Billerica Board of Health, Conservation Commission and PlanningBoard on the local level, and the Department of Environmental Protection and Executive Office of Environmental Affairs atthe state level.

DG Clean Power needs two permits from the Billerica Conservation Commission, one for the power plant and another fortransmission lines.The company requested that the board grant it a continuance until November to make changes to address the wetlands is-sues. The board refused, agreeing to give the company until June 10 to alter its designs, according to Marcus Pinney, thetown's director of environmental affairs.

"The commission is not in a position to do this type of review on a piecemeal basis," Pinney said. "For a filing this compli-cated, it's to the benefit of the applicant and the commission to do it in a cogent, comprehensive and reasonable timeframe."

Fitzpatrick said the new application will address the removal of trees and the disruption of wetlands and vegetation thatgenerated concern. It will also include testimony from independent, third-party sources explaining why the plant needs sixturbines to be economically feasible.

Several members of the Conservation Commission are calling on the plant's developers to reduce the size of the facility.

"As far as I'm concerned, they couldn't minimize it enough," said John Aliperta, who sits on the Conservation Commissionand opposes the plant as currently proposed.

But Fitzpatrick argues that the commission should not base its decision on what size the plant can be profitable at.

"The irony here is the Billerica Conservation Commission wants to decide what's an economic power plant," Fitzpatricksaid. "It's out of their jurisdiction."

If the Conservation Commission denies the permits, DG Clean Power can appeal the decision. The appeal would be heardby either the state Department of Environmental Protection or a Superior Court, Pinney said.

PPOOWWEERR PPLLAANNTT BBUUZZZZPPOOWWEERR PPLLAANNTT BBUUZZZZ

www.BillericaPowerPlant.org

14 May 2009

In a stunning turn of events, the developer of the proposed Billerica power plant haswithdrawn its Notices of Intent for the project. There were two Notices filed with theBillerica Conservation Commission, one for the power plant project and the otherfor the corresponding interconnection transmission line project. Both were with-drawn through their attorney, Keegan Werlin LLC. For now, there is no power plantproject on file with the Billerica Conservation Commission. While the letter statesthat “new notices of intent will be filed when further evaluation of alternatives andnecessary information has been developed” and the developer has alluded to a re-filing in the fall, time will tell what happens.

In an earlier letter, Epsilon Associates, the engineering firm representing the devel-oper, requested a postponement of their June 2009 appearance in front of the Con-servation Commission to November of 2009. The Billerica Board of Health alsoreceived a request from the power plant developer to postpone hearings concerningthe proposal until the fall of 2009. The developer, DG Clean Power, has publiclystated that the project is on hold due to economic conditions, lack of demand forelectricity, and its failure to secure any bids for its power at the Forward CapacityAuction held in December 2008. Developer, Joe Fitzpatrick, is quoted in the Tewks-bury Town Crier as saying “Right now there is no market for this new capacity inNew England.”

On a related note, a concerned resident of the area recently traveled to Washington,DC and met with representatives of our legislative delegation. Topics of discussionwith these Federal legislators included the proposed Billerica power plant, and thelegislators were receptive to input. Please address your concerns with the powerplant proposal to legislators representing the Merrimack Valley. Urge them to sup-port zero-emission energy sources. The links below will let you send your thoughtsto each legislator:

Congresswoman Niki Tsongas, click here

Senator John Kerry, click here

Senator Ted Kennedy, click here

The "Politically IncorrectPolitically Incorrect" local cable TV show celebrated its 14th14th anniversary recently. Participating on the show with Tom Christiano were:

Paul Cohen, Town ManagerPaul Cohen, Town ManagerGeorge Zaharoolis, chairman of the Planning Board; George Zaharoolis, chairman of the Planning Board; Clare Jeannotte, chairman of the Board of SelectmenClare Jeannotte, chairman of the Board of SelectmenAngie Taranto, chairman of the School Committee. Angie Taranto, chairman of the School Committee.

This was the 283rd P.I. Show.

CCLLIICCKK HHEERREECCLLIICCKK HHEERREEto see the show

CCLLIICCKK HHEERREECCLLIICCKK HHEERREEfor the April 28th show

Featuring Craig Chemely,Director of theDirector of the

Slow Growth Initiative Slow Growth Initiative

ALSOPeggy DunnRick MahoneyKaren DeDonatoRoy Earley

TThhee ““WWeessttllaannddss WWaattcchhddooggss”” TThhee ““WWeessttllaannddss WWaattcchhddooggss”” nnaammee TToomm CChhrriissttiiaannoonnaammee TToomm CChhrriissttiiaannoo

hhoonnoorraarryy ““GGOODDFFAATTHHEERR”” hhoonnoorraarryy ““GGOODDFFAATTHHEERR”” ooff CChheellmmssffoorrddooff CChheellmmssffoorrdd

Ribbon Cutting grand opening of the RussellMill Reservation Mountain Bike Trails,

May 16, 2009.

In photo - L. TO R. Tom Christiano & Bob Giunta (Chapter V.P. of the New England Mountain Bike Association).

The bike association worked on these trails for 18 months to get them ready for mountain biking.

Submitted by Philip Stanway

Life’s a Beach.

The town will have a new Pond Street beach soon but rightnow it is full of junk. Saturday, June 6th, starting at 9 am willbe clean up day at the site and we can use everyone whowants to help, even if just for 20 minutes.

Scout Troops, families, and everyone who cares about ourtown's open spaces are invited. The quicker the place iscleaned up the quicker the town can let residents use thissite.

It should not take more than a few hours to pick up all thetrash and toss it in the dumpster.

So If you are interested please drop me (Phil Stanway) aline at [email protected] just stop by on June 6th after 9:00 AM.

The site is located at Pond Street behind Kate’s Corner inSouth Chelmsford.

Submitted by JIM LANE (MASTER PLAN COMMITTEE & PLANNING BOARD )We have also started a blog to create another communication avenue forcreative Master Plan dialogue. The web address is;

http://chelmsfordmasterplanprocess.blogspot.com/

Submitted by Peggy DunnSubmitted by Peggy Dunn

Chelmsford Farmers' Market - Chelmsford Farmers' Market - On the CommonOn the Common

Our Farmers' Market will be held on Cen-ter Common every Thursday, starting onJuly 9th, through the summer and endingon September 24th. Market hours will befrom 2 pm to 6 pm.

The market will feature a large variety offresh, locally grown, in seasonproduce ranging from Asparagus to Zucchini. We will also feature specialty items such as homemade Italiansauce & meatballs, spinach pie; wonderfulcookies; candy and assorted sweet syrups;bagels; dairy products; goat milk soapsand lotions; cut flowers and plants; andmuch, much more.

The mission of the market is to highlightlocal growers and give ourcommunity the opportunity to purchaselocal products at one place, on oneday a week, through thegrowing season.

We also plan to have a jolly good timedoing it! We plan to have livemusic, story telling for children, and otherfun stuff.

Come and enjoy the day and help us cele-brate the farming legacy ofChelmsford and the fruits of this goodearth!

We are still looking for a bee keeper who is interested in selling honey,candles, etc. We are also looking for alocal potter or other localartisans who make things that are useful in food preparation orpresentation, such as wooden ware, tablelinens, aprons, etc.

Applications and information are availableon the town web site which istownof chelmsfor.us, then click on TownRelated Links, then click on FarmersMarket. You can also reach us at [email protected] orby contacting us by mail or phone throughTown Offices, The Market Managers areSusan Gates and Peggy Dunn.

We look forward to seeing all of youon July 9th!

Susan Gates talks with Dennis Ready Susan Gates talks with Dennis Ready about the Chelmsford Farmers’ Marketabout the Chelmsford Farmers’ Market

CLICK HERECLICK HEREfor video segmentfor video segment

Q U O T E Q U O T E O F T H E W E E KO F T H E W E E K

"" L o g i c i s t h e b e g i n n i n g o f L o g i c i s t h e b e g i n n i n g o f

w i s d o m ; n o t t h e e n dw i s d o m ; n o t t h e e n d . ". "

- - M r . S p o c k- - M r . S p o c k

William Shatner on theset of the new STARTREK movie showsChris Pine how to beCaptain James T. Kirk

CLICK HERECLICK HERE

If you have friends, family or neighbors who would like to be added to this news update list

just have them drop me a line [email protected]

For Back Issues of The In-Town ReportIn-Town Reporthttp://www.slideshare.net/re007hq/slideshows