Town of Warwick Joint Meeting of Selectboard and Planning Board March 17, 2010 Minutes Members present: Rick Abbott, Nick Arguimbau, Patricia Lemon (arrived at 7:05 pm) Others present: Town Secretary Rosa Fratangelo Calcari, Planning Board members Ted Cady and Brad Compton( Arguimbau is also a member of the Planning Board, hence a quorum of the Planning Board was present), Tree Warden Dana Songer, Highway Superintendent Tim Kilhart (arrived at 8:04 pm), Town Forest Committee member Keith Ross, Clare Green, Janet Conover, Bruce and Nancy Kilhart, Jon Calcari, David Shepardson, Anita and Ken Alden, Linda Perkins, Kasey Rolih, Board of Health and Finance Committee member Dick Whiting, Jack Cadwell, Mel Kitchen Call to Order Selectboard Chair Arguimbau called to order at 7:02 p.m. in the Town Hall. Presentations/Discussions 1. Purpose of Meeting--Arguimbau explained that this was a joint meeting of the Selectboard and Planning Board, and outlined the intended format as follows: Planning Board Chair Ted Cady would introduce the issues that prompted this meeting, followed by one half-hour of public input, with each individual limited to three minutes of speaking time, to be followed by a discussion of the proposed matters for agreement in Ted Cady's briefing document for the meeting. 2. Introduction - Cady said that following the Planning Board meeting of March 10, 2010, he asked that the cutting of trees on Bass Road be halted due to an apparent violation of the Scenic Roads By-Law. This By-Law, which was passed in June of 1984, designated all roads as scenic roads, with the exception of Route 78. Cady said that the Planning Board has never adopted specific definitions of trees, nor has it provided guidance or established clear guidelines for its implementation, which is its responsibility under the Scenic Roads Act. He asked for residents' input on the issue that the Planning Board could use in writing regulations for future tree cutting. Cady also said that the Planning Board, not the Highway Department, was the problem. Early in the meeting, Highway Superintendent Tim Kilhart had dropped off a list which he had intended to present during the meeting, but was unable to do so, as he was handling a problem with a culvert on a dirt road. Cady read the list aloud, which contained 22 itemized and detailed reasons for the cutting of trees and brush by the Highway Department. Lemon then drew attendees' attention to the ice-and-snow budgets for the past and previous winters posted on www.warwickma.org and asked attendees to compare them to see what a "wonderful job" Kilhart had done in responding to the Selectmen's directive to implement measures designed to reduce ice-and-snow expenses 3. Public Input - Kevin Alden said that while some tree cutting is necessary, he wondered if sometimes it "went overboard," citing Clubhouse Pond and Flower Hill Road as examples. He felt people should be informed of all cutting being done, and thought that maybe the Town should spend some of the money used for tree cutting more appropriately. Janet Conover said that the Planning Board and Tree Warden needed a codified approach, and supported their intention to sit down together and define specifics. She mentioned a pilot program for "low speed, low use" roads being conducted around the state, as well as a 2002 FRCOG study of rural roads, both of which could be resources for the Planning Board and Tree Warden as they work out internal rules. Alden reiterated his desire to maintain the rural character of Warwick, and Cady agreed that the majority of responses to the Open Space Committee questionnaires indicated that two of residents' most important issues were Warwick's "rural character" and dirt roads. Cady also brought out a number of tree cross-sections illustrative of tree sizes and noted that the definition of tree would most likely be significantly larger than 1 1/2 inches in diameter. Clare Green spoke on behalf of John and Mary Williamson, residents of Bass Road who were unable to attend the meeting. She said the Williamsons want the rural character of Warwick to be given thoughtful consideration, especially with respect to the differences in roads such as frequency of traffic, amount of use, whether the road is a throughway or dead end, and the width of the road. Keith Ross said that roads differ throughout town, and that there are more trees being cut than necessary. He wanted some balance, suggesting that brush be cut and an annual meeting be held with the Highway Department to help make decisions on trees and brush to be cut. Jon Calcari praised Kilhart for the job he has done as Highway Superintendent. David Shepardson commented on the Highway Department's mowing down native ornamental bushes on Shepardson Place that he had carefully mowed around for years without notifying any abuttors in advance. He suggested that property owners should be advised of large cutting projects slated for their roads bordering their land and given an opportunity to accompany the Planning Board and Tree Warden in walking proposed cuts. Kevin Alden spoke of brush cutting 26 feet back from the road on Flower Hill and remarked that "things used to be done differently." Bruce Kilhart responded that even after cutting trees back heavily along a specific section of Flower Hill Road damaged by the December,2008, ice storm, the trees still lean over the road. He said that this was the reason the cutting continued so far back off from the road. Tree Warden Dana Songer said that when he was elected, he knew nothing of the responsibilities of the office or, in particular, of the Shade Tree By-Law, but that for the past 1 1/2 years he had worked closely with Tim Kilhart in opening up roads. They have reviewed most cutting sites and have looked at the areas together. Songer said that his own focus had been mainly on dead trees and brush encroaching on drains or interfering with lines of sight. He noted that National Grid removes trees hanging over wires. He agreed that more communication is needed among the Planning Board, Tree Warden, and Highway Department, and that Massachusetts General Law should be referred to on how to approach the issues and that a clear set of rules and guidelines from the Planning Board will provide the necessary guidance for the Tree Warden and the Highway Superintendent. 4. Discussion of Ted Cady's Briefing Paper - Arguimbau referred to Ted Cady's agenda, which asked for an agreement that until things are sorted out, there would be no further cutting of trees on Bass Road. Arguimbau added canopy roads to that agreement, and the Selectboard came to a consensus that to a moratorium on tree cutting on Bass Road and all canopy roads be established pending the Planning Board's completing its task. It was noted that this was a working agreement, not a permanent plan. Cady said that this had been posted as a joint meeting of the Selectboard and Planning Board, and while both boards can make decisions at this meeting, the Planning Board was looking to the townspeople for their input to help reach the right decisions for Warwick. Cady said that the Highway may work on portions of Northfield Road already worked out with the Tree Warden, adding that there needs to be some transition between having no clear definitions to establishing specific criteria. There was a consensus of the Selectboard that continued cutting on Northfield Road was acceptable, but not for any other roads without specific authorization. Tim Kilhart will need to come before the Selectboard on a case-by-case basis for other roads. Conover reminded attendees that cutting cannot be authorized by the town beyond the road easement. Cady referred to the need for consideration of the differences among roads, including high or low traffic volume, paved or dirt surface, throughway or dead end, and whether the road is a wildlife corridor. There was a consensus of the Selectboard that policies need to be adopted and should be kept simple. Highway Superintendent Kilhart returned at 8:04 pm, having attended to the road emergency. Arguimbau reviewed the issues previously covered by the Selectboard. Kilhart spoke about the proposed Hockanum Road project, which will use Chapter 90 funds and must be completed by June 30, 2010. He said that all tree cutting must be completed before the rubber crumb application to prevent damage to the newly repaved road. He cautioned that if the road deteriorates too much, it will cease to be eligible for this type of project. Songer said that the Tree Warden, Planning Board, and Highway Superintendent should examine the area, plan the scope of the project, and hold a public hearing. Abbott and Lemon liked the idea of holding public hearings for roadside clearing. The Planning Board will set a date for the hearing based on the lead time needed by Kilhart and Songer, and to meet the legal requirements for posting such a hearing. Arguimbau wanted the Selectboard to be present as well, for the purpose of addressing issues of vegetation control going beyond the cutting of trees There was a consensus that this should be done. Cady said that there was a need to involve interested parties beyond the Planning Board and Tree Warden, and invited others to participate. Forming a group to help develop rules, guidelines, standards, and definitions was discussed. There was a consensus in favor of doing so. There was also consensus as to the remaining items on the Ted Cady's suggested agenda in his briefing document. III. Adjournment Lemon MOVED to adjourn the meeting at 8:53 pm. Abbott SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari