Town of Warwick
Selectboard
May 31, 2011
Minutes 
Members present: Dawn Magi, Patricia Lemon, Nick Arguimbau
Others present: Town Coordinator David Young, Town Secretary Rosa
Fratangelo Calcari, Police Chief David Shoemaker, Police Officer Bruce
Kilhart, Planning Board Chair Ted Cady, Conservation Commission Chair
Karro Frost, Town Forestry Committee member Keith Ross, Attorney Les
Black, Nancy Kilhart, Robert Rivers, Jon Calcari, Jared Robinson (Athol
Daily News)

I.   Call to Order 
Chair Magi called the meeting to order at 6:00 p.m. in the Town Hall.
Magi asked the other Board members how they felt about proposing agenda
items for the next meeting at the end of each meeting. There was a
consensus of the Board that this was a good idea.
II. Public Comment
Robert Rivers, a resident of Orange who owns property on Wilson Road in
Warwick, addressed the Board. He spoke about the temporary road closing
sign on Chestnut Hill Road, posted in February, which prohibits vehicles
over 10,000 pounds to travel on the dirt road. Rivers asked if the need
for this sign still existed. 
Young suggested referring the matter to the Highway Department; Rivers
noted that the sign is per the order of the Selectboard. Rivers had a
scheduled delivery of fuel oil that he could not receive because Roy
Brothers would not make the delivery because of the posted sign. Young
explained that deliveries are not prohibited, and said that he could
check with Highway Superintendent Tim Kilhart to see if he feels it is
prudent to take down the sign. Chief Shoemaker said that the police
never prohibit oil deliveries, and can never prohibit people from
getting fuel. Lemon suggested adding a telephone number on the signs for
inquiries. Chief Shoemaker noted that surrounding towns have similar
restrictions for dirt roads in the wet season. Magi asked Young to
contact Roy Brothers Oil and speak with Tim Kilhart about the signs.
Keith Ross pointed out that a truck driver's reluctance to deliver on a
posted road may be due to possible insurance and liability issues. Magi
wanted something put in the next community newsletter to let people know
that they may call the Highway or Police departments if they live on a
posted road and need a fuel oil delivery. Bruce Kilhart said that the
signs are there for a reason, as even the Highway trucks have become
stuck on the wet dirt roads in the past. He noted that Flower Hill Road
is still too wet to grade, even now. Ted Cady pointed out that even when
the center of the road is solid, the sides of the roads can be unsolid.
He suggested that the signs could be removed as the shoulders firm up.
Lemon MOVED that we inform all interested parties that the closing of
dirt roads for mud season does not apply to emergency fuel deliveries.
Arguimbau SECONDED. Motion carried by a vote of 3-0-0.
Cady said that the Town does not accept liability when road is posted as
closed. Young said that people must drive according to the condition of
the road, and that a driver must be responsible for the safe operation
of the vehicle. Shoemaker said that the signs are posted to protect our
roads, not the vehicle or its operator. Young said that he wanted to
bring this issue to Tim Kilhart, as this is a Highway matter, and
Kilhart knows the roads. Rivers was satisfied for now.
III. Presentations/Discussions 
Police Chief Report-- Chief Shoemaker said that the new cruiser has been
ordered, and delivery is expected in August. He noted that the cruiser
is a 2012 model obtained at the 2011 price. The Chief is taking a 6-week
accident reconstruction course, while two officers are taking
breathalyzer and roadside sobriety training.
Chief Shoemaker said that the police have been receiving calls regarding
suspicious activity. Scavengers searching for scrap metal may be looking
in our area, and he asked that residents be aware of any suspicious
activity, especially around empty houses. He urged that people report
any suspicious activity and unfamiliar vehicles, especially if seen more
than once.
Selectboard Reports-- Lemon said that the Women's Guild had met earlier
today to discuss refinishing the Town Hall dining room floor. The Guild
has received a bid of $2,000.00 from Warwick resident Bill Lyman. The
plan is to sand the floor and refinish with three coats of polyurethane
varnish. Lemon said that the Guild is asking that the Town pay for half
the project cost, and asked what account would be appropriate to cover
the $1,000.00 expense. Young said that the Building Improvement Account
has adequate funds, and that it would be appropriate to use money from
this account. Cady noted that the floor would have to be very well
sanded, and suggested that this floor may not be well suited to
varnishing. Ross said that the floor might need to be sanded down and
varnished every three to five years due to the amount of use the dining
room gets. He said that paint might be easier to maintain over time.
Lemon said that the Guild would be discussing the matter further on June
7th.
Coordinator Report-- Young has been working on resolving the issue of
unpermitted temporary living facilities in town. The Board had requested
that he present a report on the buildings and trailers that were built
or located without the proper permits. He said that under Warwick's
zoning by-laws, these trailers and buildings are unpermitted temporary
living facilities. Although taxes are being collected on each structure,
no rights to use these structures is implied. Four lots and three owners
are involved. Young introduced attorney Les Black, who is representing
two of the property owners, each of whom own one parcel of land where
travel trailers are located.
Black said that the delay for one of his clients has recently been
released from a lengthy hospital stay due to open heart surgery. Black
stated his intent to file applications with the ZBA requesting a special
permit to allow up to two travel trailers on each lot, which is the
maximum allowed under a special permit. Magi asked how long the trailer
owners have been residing there, to which Black responded since early
this decade.  He clarified that the trailers are for weekend use and
never for more than two weeks at a time. Young pointed out that the
limit is fourteen days per calendar year; beyond that it is a violation.
Arguimbau asked Black if his clients have committed to taking out extra
campers. Black said that these are not used at all as temporary living
facilities. Young advised Black that the applications be filed as soon
as possible; the attorney agreed.
Conservation Committee Chair Karro Frost said that the Conservation
Commission has had ongoing issues with work happening on the properties
within 200 feet of the stream. They issued a cease and desist order for
all activities within 200 feet of the stream and 100 feet of any
wetlands. Arguimbau inquired about an enforcement order from 2003
relating to an endangered species habitat, as all campers/trailers
entailed a disturbance of that habitat. Frost said that the State
oversees that matter via the National Heritage and Endangered Species
programs. She also said that the endangered species in question may
since have been de-listed and are no longer considered to be endangered.
Frost went on to explain that anyone must file a notice of intent with
the Con Comm prior to beginning any work, but they have received no
filings from the owners of the properties on which the trailers are
located.
Black said that his clients have indicated to him that they are willing
to do whatever is required to come into compliance. Ross asked if there
are any penalties involved for failing to comply from the beginning.
Young replied that at minimum the trailer owners will have to pay double
the building permit fees. Black told Young that he will keep him
informed, and that he will be filing the applications with the ZBA very
soon. Frost said that the Con Comm recommends no use of the trailers
until the ZBA grants the special permits.
Young spoke about two additional properties, both owned by the same
person. There is a tree house on one property, and a small house on the
other. He said the properties have been assessed and taxes are being
collected, but there have been no certificates of occupancy issued.
Arguimbau MOVED to make the recommendation to the Conservation
Commission that it meet as quickly as possible and engage in all
enforcement within its jurisdiction with respect to the campers and
trailers. Lemon SECONDED. Motion carried by a vote of 3-0-0.
      Magi asked about the penalties for building without a permit. Cady
      said that there is a ten year statute of limitation on structures
      built without a permit. He explained that under our zoning, the
      ten year enforcement action period begins with the commencement of
      the building process. Cady suggested this matter be brought up
      again at a future Board meeting when the Building Inspector can be
      present. Magi placed the issue on the agenda for the June 13th
      meeting.
4.	DCR Forest Zones-- Young explained that the DCR has come up with
their three-zone forest use map. Approximately one half of Warwick has
been designated as a "no cut"  area. Cady and Ross have been attending
various meetings as this map was developed. Cady said that the three
zones are Parklands, Reserves, and Woodlands. Parklands are used for
recreation, and include Laurel Lake and Ohlson's Field. Reserves allow
for the natural process to take place and no cutting will take place.
Woodlands areas allow for demonstration forestry, where cutting will be
allowed. Cady said that in his opinion the best of Warwick's lands have
been designated as no-cut Reserves. Ross said that the focus of having
Reserves on all types of land: hilltops, swamps, and highly productive
soil. He thought that this map represents a broad first take. Ross said
that it will prove to be to the Town's advantage over time to have all
three zones. Arguimbau wanted to see a breakdown of figures for
anticipated revenue for Woodlands (sale of timber) and Reserves (sale of
carbon credits). Cady gave potential examples and estimates. Frost noted
that the high yielding areas were designated Reserves, while the low
growing areas have been designated as Woodlands. She felt it would be of
benefit to the Town if the designations could be changed. Lemon said
that the Board needs to look at the map, discuss what the members feel
should be done and submit a proposal to the DCR. Arguimbau and Lemon
will attend a meeting on Thursday, June 2nd about the DCR forest map.
5.	New and Other Business-- Cady said that there will have to be a
joint hearing with the Planning Board, Highway Department, Tree Warden
and Selectboard on scenic road cutting. He wants to coordinate schedules
to determine when a hearing may be held.
IV. Minutes
Arguimbau MOVED to accept the minutes of May 16, 2011 as printed. Lemon
SECONDED. Motion carried by a vote of 3-0-0.
V. 	Adjournment
Lemon MOVED to adjourn the meeting at 8:03 pm. Arguimbau SECONDED.
Motion carried by a vote of 3-0-0.
Minutes taken by Rosa Fratangelo Calcari