agenda · 2020. 12. 21. · town of littleton select board agenda december 21, 2020 at 5:30 pm...

Town of Littleton Select Board

AGENDA December 21, 2020 at 5:30 PM

*Revised 12-18-2020 Littleton Town Hall – 37 Shattuck Street

NO PUBLIC ATTENDANCE, GIVEN BUILDING CLOSURES DUE TO COVID-19 Notice of public meeting as required by M.G.L. Chpt.30A §18-28

VIRTUAL MEETING VIA ZOOM

Please be advised that this open meeting is being broadcast live via Zoom and recorded for playback on-line, video on-demand viewing at https://littleton.vod.castus.tv/vod. The listings of matters are those reasonably anticipated by the Chair 48 hours before said meeting, which may be discussed at the meeting. Not all items listed may in fact be discussed. Items may be taken out of order and at times differ from those listed below. Other items not listed may also be brought up for discussion to the extent permitted by law. Video or call will be muted upon joining meeting please use the “raise your hand” feature in the zoom meeting to ask to speak. PARTICIPANTS/ATTENDEES ARE REMINDED THAT BY JOINING THIS MEETING THAT YOU CONSENT TO YOUR LIKENESS AND AUDIO BEING USED AND REBROADCAST BY LCTV

5:30 PM Executive Session: Executive Session #2 under M.G.L. Ch. 30A, § 21 (a)(2) To conduct strategy in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel. (AFSCME, Fire, Police, Dispatchers) Executive Session #2 under M.G.L. Ch. 30A, § 21 (a)(3) To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares

6:30 PM 1. Organization / Pledge of Allegiance / Read Mail

6:35 PM 2. Department/Board Updates and Requests

A. COVID-19 Update B. LCTV – Approve Client Fee agreement for Cable License Renewal C. Elder and Human Services – Acceptance of Donations

6:50 PM 3. Public Input/Members’ Updates

7:00 PM 4. Licensing: Salut!, 1204 Constitution Ave, All Alcohol Restaurant License – M.G.L.

c. 138 A. Amend opening hours on Sundays to 10:00 AM from 2:00 PM

7:05 PM 5. Select Board Discussion A. Town Meeting Preparation Task List

B. Reorganization of Building Department C. Review of Personnel Bylaw* D. Abolishment of outdated Articles and Regulations E. Implementation of organizational recommendations in Town Government Study

7:35 PM 6. Town Administrator/Assistant Town Administrator Update

A. 119 Tahattawan Road - Vote to execute Purchase and Sales Agreement B. Couper Farm House – Vote to execute the deed and take possession C. Nagog Hill Orchard – Vote to authorize the Request for Proposal (RFP) D. Non-Retail Marijuana Establishment Amendments – Vote to approve amendments E. 12 Robinson Road – Discussion about disposition of property

Join the meeting: https://littletonma.zoom.us/j/98617635094?pwd=L2RRckwwWllFZDRpdThMTkh2S09kQT09 Meeting ID: 98617635094 ; Call to Join: (929) 205-6099

https://littleton.vod.castus.tv/vod

https://littletonma.zoom.us/j/98617635094?pwd=L2RRckwwWllFZDRpdThMTkh2S09kQT09

F. Couper Wellington Connector Trail – Grant Submission Authorization G. Select Board Meeting Schedule H. Local Rapid Recovery Planning Grant – Vote the authorize submission*

7:55 PM 7. Meeting Minutes A. Open Session: December 7, 2020

8:00 PM ANTICIPATED ADJOURNMENT

Correspondence Requested by: Town Administrator Action Sought: None anticipated

Proposed Motion(s)

None anticipated at this time.

Additional Information

1. COMCAST – Verizon license expiration notice. 2. MA Department of Revenue – Notice of Final Certification. 3. MMA & Suffolk University – Spring Finance Seminar Application Deadline January

15, 2021.

Board Action

Motion Second In favor Opposed Disposition

1 Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

t!\ COMMONWEALTH OF MASSACHUSETTSDEPARTMENT OF TELECOMMUNICATIONS AND CABLE

1000 Washington Street, Suite 600Boston MA 021 186500

Telephone (617) 305-3580www mass.gov/dtc

CHARLES D. BAKERGOVERNOR

KARYN E. POLITOLIEUTENANT GOVERNOR

MIKE KENNEALYSECRETARY OF HOUSING ANO

ECONOM C DEVELOPIIIENT

EDWARD A, PALLESCHIUNDERSECRETARY

December 4. 2020

Chairman Board of SelectmenTown Hall37 Shattuck StreetLittleton MA 01460

Rc: License Expiration Notice

Dear Chairman:

According to the Dcpartment of Telecommunications and Cable's (Depa(ment) records, your cablctelevision license (licensc) with Verizon New England, Inc. will expire on 12110/2021. As theIssuing Authority, you should have completed the asccrtainment process of determining yourcommunity's cable-related needs and reviewing Verizon New England, Inc.'s performance undcr thccurrent license. Lr ordcr to provide sufficient timc to review a company's formal renewal proposal,all ascenainment should bc completed within six months of the date of this letter. Once

ascertainmcnt is complcte, you should notify Vcrizon New England, Inc. and provide it with yourresults.

Ifyou have not complctcd your ascertainment proccss, or anticipate difficulty in doing so within thenext six months. the Department is available to assist you through the final stages of license renewalShould you rcquirc assistance, please contact thc Dcpartment at 617-305-3580 [email protected].

Sincercly,

Wad;1! *'!Y*OShonda D. GrccnDepartment Secretary

0 EGEIUE.i

B

ll 'nonrh

IUUKAREN CHARLES PETERSON

COMMISSIONER

1

Anthony Ansaldi

From: Cheryl Herrick-StellaSent: Wednesday, December 2, 2020 3:15 PMTo: Anthony Ansaldi; Joseph LaydonSubject: FW: Notification of Final Certification

FYI

From: [email protected] [mailto:[email protected]] Sent: Wednesday, December 2, 2020 12:57 PM To: Selectmen <[email protected]>; Matthew Nordhaus <[email protected]>; Dianne Dickerson <[email protected]>; Katherine Miller <[email protected]>; [email protected]; [email protected]; Christine Kumar <[email protected]>; [email protected]; [email protected]; [email protected] Cc: [email protected]; [email protected] Subject: Notification of Final Certification **THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**

Massachusetts Department of Revenue Division of Local Services

Geoffrey E. Snyder, Commissioner Sean R. Cronin, Senior Deputy Commissioner of Local Services

12/2/2020

Littleton Board of Assessors Board of Assessors PO Box 1305 Town Hall - 37 Shattuck St. Littleton, MA 01460

Re: NOTIFICATION OF FINAL CERTIFICATION - Littleton

Dear Board of Members:

The Commissioner of Revenue has determined that the locally assessed values of real and personal property in your municipality represent full and fair cash valuation as of January 1, 2020 for fiscal year 2021 and that these proposed property assessments satisfy the minimum requirements for certification. The Commissioner further certifies that:

1. All real property has been classified according to its use as of January 1, 2020 as required by Chapter 59, § 2A(b).

2

2. A majority of the assessors have been qualified to classify property by their attendance at a classification workshop conducted by the Department of Revenue.

The community must now hold a public hearing on the issue of selecting a residential factor, which will determine the percentages of the tax burden to be borne by each class of property for fiscal year 2021. Prior to the hearing, we urge you to promote public understanding and discussion of the options available to the town in regard to allocating the tax burden among major property classes. The Selectmen or the City Council with the approval of the Mayor may elect a factor greater than the minimum residential factor, or a factor of "1" which will result in a uniform allocation of the tax burden among all classes of property. In addition, they have the option of granting an open space discount, residential exemption and small commercial exemption. It appears that you are progressing satisfactorily in complying with your responsibilities under the classification law. It is important that you complete the final steps expeditiously so that tax billing will not be delayed. If you have further questions or require assistance in completing the final steps for a classified tax system please contact the Bureau at (617) 626-2300. Fiscal Year 2026 Certification Directives: In order to prepare for the next scheduled recertification of all real and personal property we are enclosing your community's program directives. These directives were made by your Bureau of Local Assessment advisor as a result of your FY 2021 certification review. You should have a budget in place for any work that needs to be done two years in advance of the next certification to avoid costly delays in obtaining timely certification from the Bureau. As you plan and implement your next triennial certification, please consult the Bureau's Certification Standards in the Division's website, www.mass.gov/dls, in the Local Assessment section. If you need assistance please call your appraisal advisor.

Sincerely yours,

Joanne M. Graziano, Chief

Bureau of Local Assessment Massachusetts Department of Revenue FY 2026 Directives TOWN of Littleton Cyclical Reinspection Cyclical inspections of property descriptions should be continued. The visit history should be updated annually. Database Maintenance In order to produce the proper statistical reports within the Patriot system, the assessors must "tag" the condominium complexes. Land Schedules The assessors should review land values and adjust the land valuation system as needed in a uniform and equitable manner. Land Schedules

3

The assessors must provide an analysis to support front foot pricing. If there is no market evidence in Littleton the assessors should contact similar surrounding towns for market evidence. Other Directives Land Narrative; the assessors should correct narrative to match exactly the methodology to value the residential land. Example, the narrative states the prime lot runs to 40,000 square feet, local zoning requirement. The prime pricing runs to 43,560 square feet. Approximately $3,000 to $4,000 difference. Other Directives Farm Land Values; the FVAC should be checked and implemented for the next certification.

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this mail in error please notify the postmaster at dor.state.ma.us.

1

Anthony Ansaldi

From: MA Municipal Assoc. <[email protected]>Sent: Tuesday, December 8, 2020 8:30 AMTo: Anthony AnsaldiSubject: MMA and Suffolk University Spring 2021 Finance Seminar

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

MMA and Suffolk University Spring 2021

Finance Seminar The MMA and Suffolk University Municipal Finance Management Seminar's 5th program, to

be held either virtually or in a location north of Boston, will start in March 2021. The

program will be held regardless of whether we can meet in-person or virtually.

The Seminar, which was launched in March 2019, is held over the course of five Fridays and

covers basics such as municipal budgeting, municipal accounting, treasury functions, costing

out union contracts, and property assessment. The ideal candidate is a municipal employee

looking to better understand municipal finance and further his or her career in the field.

Applications are available now on the MMA website, and the application deadline is

January 15th at 5PM. Applications should be sent to [email protected].

The application is a fillable PDF, allowing an applicant to fill it out and submit it remotely. We

will accept the Chief Municipal Official signature electronically or in a separate email.

If you or someone on your team have questions about the program, or for more information,

visit the MMA website or contact Katie McCue at the MMA at (617) 426-7272, ext. 111, or

[email protected].

Katie McCue

Director of Administration and Finance

Massachusetts Municipal Association

2

[email protected] |www.mma.org

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

To help protect your privacy, Micro so ft Office prevented auto matic download of this pictu re from the In ternet.

Massachusetts Municipal Association

1 Winthrop Square

Boston, MA 02110

(617) 426-7272 | Email Us | View our website

Unsubscribe from MMA Emails

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Higher Logic

Department & Board Updates and Requests COVID-19 Update Requested by: Town Administrator Action Sought: Discussion

Proposed Motion(s)

Discussion dependent


Littleton resident Katrina Wilcox-Hagberg, an Epidemiologist at the Boston Collaborative Drug Surveillance Program, has been part of the citizen panel that has been providing information to the Board of Health. I asked that she provide the board and community an update on the latest Governor’s orders, Littleton COVID-19 statics and trend analysis.

Board Action


2A Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

Covid-19 Health Metrics12/17/2020

Impact of Thanksgiving

Hal

low

een

Than

ksgi

ving

Gov. Baker reported that ONE WEEK after Thanksgiving, MA had:

■ 96% increase in number of new cases per day

■ 93% increase in hospitalizations

■ 73% increase in ICU

■ 104% increase in intubations

■ 84% increase in deaths

Thanksgiving gatherings had a large, negative impact on Covid-19 in MA, putting our healthcare system under strain

Average daily incidence rate per 100,000Number of new cases (2 week period)

Average daily case rate per 100,000 over last two weeks

Trend (compared to 2 weeks ago)

Threshold Color (new cut points)

MA State 63,445 65.1 80% higher Higher (+29.4) Red

Middlesex County 13,407 59.9 80% higher Higher (+25.5)

495 Belt 6,207 68.8 80% higher Higher (+16.0)

Surrounding Communities 1,306 43.7 60% higher Higher (+15.7)

Border Communities 410 33.1 60% higher Higher (+12.4)

Littleton 58 42.5 Doubled Higher (+22.0 Red (4 weeks)

Data from Weekly DPH report December 17, 2020

Total Test PositivityTotal Molecular Tests conducted (last 14 days)

Percent Positivity Trend (compared to 2 weeks ago)

MA State 1,202,244 6.01% Higher (+2.28%)

Middlesex County 319,519 4.72% Higher (+1.76%)

495 Belt 87,959 7.82% Higher (+2.44%)

Surrounding Communities 23,270 1.87% Higher (+1.87%)

Border Communities 9040 4.89% Higher (+1.72%)

Littleton 1275275 additional tests

4.86% Higher (+1.83%)

Data from Weekly DPH report December 17, 2020

DESE Positive Cases in Schools

● CRUDE look at the change in the number of cases among in-person students and staff as published by DESE

● Major Limitations:○ Denominator does not account for changes in learning model (remote, hybrid) - cannot be used

to calculate a reliable proportion○ Unclear what definitions DESE uses (While LPS reports all cases, DESE only publishes some)

How Covid Spreads

Covid-19 spreads easily in households● Isolate the sick person

(create a “sick room”)

● Wear a mask

● Quarantine yourself too

● Get tested

● Clean surfaces and hands

● Protect high-risk individuals

Gatherings increase Covid-19 risk

Be MERRY and SAFE

https://www.mass.gov/holidays-during-covid-19-in-massachusetts

Stop the Spread of Covid-19

MASK-UP01460

Department & Board Updates and Requests LCTV – Approve Client Fee agreement for Cable License Renewal Requested by: LCTV Action Sought: Approval

Proposed Motion(s)

MOVE that the Select Board vote to approve the client fee agreement with Attorney Peter J. Epstein, from the law firm of Epstein & August, LLP, to assist LCTV through the cable television renewal process. [Roll Call Vote]


The Franchise Agreements with both Comcast and Verizon are set to expire in 2021. In order to navigate through the ascertainment process, the LCTV Advisory Committee will need to hire an attorney to assist them in this process. The fee agreement attached is with Attorney Peter Epstein, at the estimated cost of approximately $13,000 for both agreements (Comcast & Verizon). LCTV Director Mark Crory and LCTV Advisory Chair William Vales will are expected to discuss details and answer questions.

Board Action


2B Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

LCTV ADVISORY COMMITTEE

TOWN HOUSE

LITTLETON, MA. 01460

Chairwoman Napoli

Littleton, Select Board

Town House

Chairwoman Napoli,

The Town of Littleton has Franchise Agreements for the provision of Cable Television services with both COMCAST and VERIZON. These agreements will expire in 2021. COMCAST on August 24th and VERIZON on December 10th, 2021.

Provisions of the Cable Communications Act of 1984 require both parties to give notice of an intention to negotiate a renewal which both companies and the Town did last year. Next, the Act requires that the town begin a process called Ascertainment, which the Committee and staff have been doing. This is a review of the financial and service reports from both companies to see how well they have done and determine whether they have met the requirements of their current contracts. We also solicit feedback from the public on the company’s performance.

The last step in the Ascertainment phase is for the Select Board to hold a public hearing to provide the opportunity for anyone to address issues with company representatives who will also be at the meeting. NOTE: Neither the cost of a cable subscription nor the content of the cable line-up is subject to discussion.

Now for us to move forward we require the services of an attorney experienced in Cable Franchise negotiations. Attorney Peter Epstein has been our choice for the last three contract negotiations and the committee would like your approval of his Fee Schedule so that we may avail ourselves of his services once again. We expect that the total cost for both contract negotiations to $12,500-$13,000. We have $10,000 set aside for the first phases of negotiations and will request

additional funding at Spring Town Meeting. At that time, we will have a better idea of the final costs. As usual, these monies are coming from the Cable Account.

Once the Fee Schedule is approved by your board, Attorney Epstein will begin providing advice on moving forward with the Public Hearing and setting up meetings with both companies. As we have done in all past cable negotiations, the LCTV Committee will oversee these negotiations and keep the Select Board advised of their progress.

Respectfully,

William Vales

Chairman, LCTV Advisory Committee

From: Joseph LaydonTo: Anthony AnsaldiCc: Mark CrorySubject: FW: Client Fee AgreementDate: Monday, December 7, 2020 12:46:35 PM

Anthony… see email below from Mark C.

From: Mark Crory Sent: Monday, December 7, 2020 12:25 PMTo: Joseph Laydon <[email protected]>Subject: RE: Client Fee Agreement At the last town meeting they voted $10,000 to go towards this purpose. We anticipate it will bebetween $12-15,000. This is for two contracts (Comcast & Verizon). If we have to ask for morefunding at the spring town meeting, we can do that. Is this something that Anthony can sign off on or does the Select Board need approval. If it is theS.B., we ask that it be done ASAP. Thanks, Mark

From: Joseph Laydon Sent: Monday, December 7, 2020 12:08 PMTo: Mark Crory <[email protected]>Subject: RE: Client Fee Agreement Hi Mark… this is just an hourly rate… is there an idea on the total work or a do not exceed amount? Anthony…

From: Mark Crory Sent: Friday, December 4, 2020 11:51 AMTo: Joseph Laydon <[email protected]>Subject: FW: Client Fee Agreement Joe – Anthony was copied on the email below but I’m sure this has been a busy week. Thanks,Mark

From: [email protected] [mailto:[email protected]] Sent: Monday, November 30, 2020 11:01 AMTo: [email protected]; Mark Crory <[email protected]>

mailto:[email protected]









Subject: Fwd: Client Fee Agreement

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**

-----Original Message-----From: Cheryl Herrick-Stella <[email protected]>To: Anthony Ansaldi <[email protected]>Cc: '[email protected]' <[email protected]>Sent: Mon, Nov 30, 2020 10:44 amSubject: FW: Client Fee Agreement

Good Morning Anthony, I wanted to pass along the attached agreement from Allen as it relates to hiring an outsideservice to assist with the Cable contract negotiation. This was appropriated at STM thisyear and is paid out of the LCTV budget. I was not sure if this needed to go before the Select Board prior to your signature? Thank you,Cheryl From: [email protected] [mailto:[email protected]] Sent: Monday, November 30, 2020 9:16 AMTo: Cheryl Herrick-Stella <[email protected]>Cc: [email protected]; Mark Crory <[email protected]>Subject: Client Fee Agreement

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**Cheryl, attached is the Client Fee Agreement for Attorney Peter Epstein. He is the attorney that the LCTVAdvisory Committee will use to guide us through the new Cable contracts with both COMCAST andVERIZON. I need to get these signed and back to him so we can get the process rolling. Do you sign it asthe Town contracting officer or does it have to go to the SB? Allen









Department & Board Updates and Requests EHS (Elder and Human Services) – Acceptance of Donations Requested by: Ashley Shaheen, EHS Director & Anthony Ansaldi, Town Administrator

Action Sought: Approval

Proposed Motion(s)

MOVE that the Board vote to accept the $1,000 donation from the Gore Charitable Foundation to the Council on Aging Energy Assistance Program; the $7,500 donation from the Henry Vincent Couper Foundation to the Council on Aging Energy Assistance Program, and the donation of $500 from Barbara and John Massapica for the EHS Outreach and Programs Gift Account. [Roll Call Vote]


Included in the Board’s packet are donation letters and gift acceptance forms for the above mentioned donations.

Board Action


2C Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

TOWN OF LITTLETON GIFT ACCEPTANCE FORM

TO: Town Accountant

FROM: Ashley Shaheen, Department of Elder and Human Services

The above officer or department has requested acceptance of the following gift pursuant to Massachusetts General Laws, Chapter 44, Section 53A and further requests that the Board of Selectmen authorize the expenditure of funds for the stated purpose.

Name of Party Offering Gift: The Gore Charitable Foundation Amount of the Gift: $1,000

Purpose for Which Gift Has Been Offered: Council on Aging Energy Assistance Program Purpose for which Gift will be Expended: Council on Aging Energy Assistance Program

[ ] Letter Accompanying Gift Attached

APPROVAL OF RECEIPT AND EXPENDITURE OF GIFT BY THE BOARD OF SELECTMEN

At a meeting of the Board of Selectmen on _________________________, the Board of Selectmen voted to authorize the expenditure of gift funds for the purpose described above.

_____________________ ____________________ _____________________ ____________________ _____________________ Town Administrator __________________________________ Date____________


TO: Town Accountant



Name of Party Offering Gift: The Henry Vincent Couper Foundation Amount of the Gift: $7,500

Purpose for Which Gift Has Been Offered: Council on Aging Energy Assistance Program Purpose for which Gift will be Expended: Council on Aging Energy Assistance Program






TO: Town Accountant



Name of Party Offering Gift: Barbara and John Massapica Amount of the Gift: $500

Purpose for Which Gift Has Been Offered: General Gift Donations Purpose for which Gift will be Expended: Outreach and Programs





Licensing: Salut! d/b/a Salut! Wine Bar – 1204 Constitution Avenue Pursuant to M.G.L. c. 138 - Amend Sunday hours All Alcohol Restaurant License: requested hours 10AM to 7PM (current hours 2PM to 7PM) Requested by: Debra J. Carlson, Manager, 12/16/20 Action Sought: Act on application

Proposed Motion(s)

MOVE to amend the hours of permitted sale at Salut! dba Salut! Wine Bar, pursuant to

M.G.L. Chapter 138, Section 12 Annual Liquor License, to allow the sale of on premises

alcohol between 10 AM and 7 PM, and to authorize the Town Administrator to notify the

Alcoholic Beverages Control Commission of this change in hours, and to issue a license

reflecting the change in hours..


See attached request, along with supporting documentation, advice from ABCC and Town Counsel, and Staff Comments.

Board Action


4 Littleton Board of Selectmen AGENDA ACTION REQUEST

December 21, 2020

December 16, 2020 To whom it may concern, I would like to change my hours of operation at Salut! located at 1204 Constitution Ave. Littleton MA 01460 the change would be as follows; Sundays Current hours of operation 2pm to 7pm Requested new hours of operation 10am to 7pm. Please let me know if there is any other information you need from me for this request. Sincerely, Debra J. Carlson

www.salut-winebar.com Facebook @ Salut wine bar Littleton MA Instagram @ Salutwinebar

http://www.salut-winebar.com/

RETAIL ALCOHOLIC BEVERAGES LICENSE APPLICATION MONETARY TRANSMITTAL FORM

APPLICATION SHOULD BE COMPLETED ON-LINE, PRINTED, SIGNED, AND SUBMITTED TO THE

LOCAL LICENSING AUTHORITY. REVENUE CODE: RETA

A.B.C.C. LICENSE NUMBER (IF AN EXISTING LICENSEE, CAN BE OBTAINED FROM THE CITY):

LICENSEE NAME:

ADDRESS:

CITY/TOWN: STATE ZIP CODE

The Commonwealth of Massachusetts Alcoholic Beverages Control Commission

239 Causeway Street Boston, MA 02114

www.mass.gov/abcc

CHECK PAYABLE TO ABCC OR COMMONWEALTH OF MA: NO FEE

TRANSACTION TYPE (Please check all relevant transactions):

THE LOCAL LICENSING AUTHORITY MUST MAIL THIS TRANSMITTAL FORM ALONG WITH THE CHECK, COMPLETED APPLICATION, AND

SUPPORTING DOCUMENTS TO:

ALCOHOLIC BEVERAGES CONTROL COMMISSION P. O. BOX 3396

BOSTON, MA 02241-3396

Change of Hours Change of DBA

Print Form

Salut Inc

1204 Constitution Ave

Littleton MA 01460

04860-RS-0624

From: Dianne DickersonTo: Anthony Ansaldi; Joseph LaydonCc: Dianne DickersonSubject: Please advise: SALUT! wants to change Sunday opening hours for their wine barDate: Monday, December 14, 2020 12:14:45 PM

Anthony/Joe,(See Below email from Deb Carlson) Salut! Wine Bar at The Point wants to extend Sunday opening hours to 10 AM rather than 2PM. Is there any need to do a newspaper hearing notice of the Select Board hearing? Or is it enough tosimply be an agenda item? Perhaps even for 12/21?

- And am I correct to assume no further abutters notice would be required? I believe I would then need to notify ABCC of the change in hours.

- But I don’t think any ABCC approval is required; but I will verify if anything more than asigned LLA form (notifying of the change of hours) is required.

Thank youDianne Dianne DickersonExecutive AssistantTown Administrator/BOS Office978-540-2460 37 Shattuck St, Rm 306Littleton, MA 01460

From: Deb Carlson [mailto:[email protected]] Sent: Monday, December 14, 2020 10:48 AMTo: Dianne Dickerson <[email protected]>Subject: License for the bar

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**Hi Dianne,Matt and Cindy were in this weekend and I was asking them about expanding my license forthe bar on Sundays. Instead of opening at 2pm I would like to open at 10am. They said tocontact you to get the ball rolling.





So any help you can provide is greatly appreciated.Hope all is well,Deb Deb Carlson

www.salut-winebar.comFacebook @ Salut wine bar Littleton MAInstagram @ Salutwinebar

http://www.salut-winebar.com/

CAUTION: This email originated from a sender outside of the Commonwealth ofMassachusetts mail system. Do not click on links or open attachments unless yourecognize the sender and know the content is safe.

From: Melville, Ryan (TRE)To: Dianne DickersonSubject: RE: Please Advise - All Alcohol Restaurant License - change of hoursDate: Tuesday, December 15, 2020 10:45:00 AM

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER** Once your board approves the change the licensee can operate. Your board would send the LLACertification form and request to the ABCC so we can file it. The ABCC does not approve changes inhours. Ryan MelvilleDeputy Executive DirectorMassachusetts Alcoholic Beverages Control Commission95 Fourth Street, Suite 3Chelsea, MA 02150Phone-1-857-453-2718Fax-1-617-727-1258

From: Dianne Dickerson <[email protected]> Sent: Tuesday, December 15, 2020 10:33 AMTo: Melville, Ryan (TRE) <[email protected]>Cc: Dianne Dickerson <[email protected]>Subject: RE: Please Advise - All Alcohol Restaurant License - change of hours

So the board would need to review and approve and once approved send the no fee LLA change ofhours form to ABCC. Doe the ABCC then need to do any kind of review/investigation prior to approval of the change? Or is the licensee free to start with the new hours immediately upon Board approval? ThanksDianne

From: Melville, Ryan (TRE) [mailto:[email protected]] Sent: Tuesday, December 15, 2020 9:46 AMTo: Dianne Dickerson <[email protected]>Subject: RE: Please Advise - All Alcohol Restaurant License - change of hours






**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**No difference, the earliest they may operate is at 10am on Sundays. Ryan MelvilleDeputy Executive DirectorMassachusetts Alcoholic Beverages Control Commission95 Fourth Street, Suite 3Chelsea, MA 02150Phone-1-857-453-2718Fax-1-617-727-1258

From: Dianne Dickerson <[email protected]> Sent: Tuesday, December 15, 2020 9:35 AMTo: Melville, Ryan (TRE) <[email protected]>Cc: Dianne Dickerson <[email protected]>Subject: RE: Please Advise - All Alcohol Restaurant License - change of hours

Hi Ryan, I was inquiring about on-premise all alcohol restaurant. Is there anything different that applies please? Thank youDianne Dianne DickersonExecutive AssistantTown Administrator/BOS Office978-540-246037 Shattuck St, Rm 306Littleton, MA 01460





From: Melville, Ryan (TRE) [mailto:[email protected]] Sent: Monday, December 14, 2020 12:26 PMTo: Dianne Dickerson <[email protected]>; Sacramone, Ralph (TRE)<[email protected]>Subject: RE: Please Advise - All Alcohol Restaurant License - change of hours

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER**Good Afternoon, If your town has accepted 10am openings than your board would have to approve a change ofhours. Here is an advisory on Sunday hours, https://www.mass.gov/doc/abcc-advisory-on-package-store-sunday-opening-hours-10-am/download Ryan MelvilleDeputy Executive DirectorMassachusetts Alcoholic Beverages Control Commission95 Fourth Street, Suite 3Chelsea, MA 02150Phone-1-857-453-2718Fax-1-617-727-1258

From: Dianne Dickerson <[email protected]> Sent: Monday, December 14, 2020 12:20 PMTo: Sacramone, Ralph (TRE) <[email protected]>; Melville, Ryan (TRE)<[email protected]>Cc: Dianne Dickerson <[email protected]>Subject: Please Advise - All Alcohol Restaurant License - change of hours

Ralph and Ryan, A Littleton All Alcohol Restaurant licensee would like to change its Sunday operating hours to start at10 AM rather than 2 PM.

Is it enough for the Select Board to approve the change at one of their Board meetings; andthen for the Town to notify ABCC of the Select Board approval via LLA form?




https://www.mass.gov/doc/abcc-advisory-on-package-store-sunday-opening-hours-10-am/download

https://www.mass.gov/doc/abcc-advisory-on-package-store-sunday-opening-hours-10-am/download





Is there any actual review/approval required by ABCC? Thank youDianne Dianne DickersonExecutive AssistantTown Administrator/BOS Office978-540-2460 37 Shattuck St, Rm 306Littleton, MA 01460

From: Ivria FriedTo: Dianne DickersonCc: Anthony Ansaldi; Joseph Laydon; Tom HarringtonSubject: Re: Please advise: Ch12 Alcohol on premise change of hoursDate: Tuesday, December 15, 2020 12:00:29 PM

**THIS EMAIL WAS SENT BY AN EXTERNAL SENDER** Hi Dianne,

There is no public hearing or notice requirement associated with an application for achange in hours other than the normal Open Meeting Law notice requirements. The Boardcan simply consider the matter at an open meeting.

Ivria Glass Fried MiyaresHarrington - Local options at work Miyares and Harrington LLP40 Grove Street • Suite 190Wellesley, MA 02482Cell: 617.874.7948 | Office Direct Line: 617.804.2427 | Main: 617.489.1600www.miyares-harrington.com

From: Dianne Dickerson <[email protected]>Sent: Tuesday, December 15, 2020 10:44 AMTo: Ivria Fried <[email protected]>Cc: Dianne Dickerson <[email protected]>; Anthony Ansaldi <[email protected]>;Joseph Laydon <[email protected]>Subject: Please advise: Ch12 Alcohol on premise change of hours Hi Ivria,We have an on-premise alcohol licensee at The Point that would like to extend the Sunday operatinghours to start at 10 AM rather than 2PM. I am aware that the applicant needs to complete the ABCC no fee transmittal form for change ofhours https://www.mass.gov/how-to/amend-your-alcoholic-beverages-retail-license-change-of-hours-abccand submit to the Town and that once the Select Board approves we need to send the approval toABCC. Our questions:

· Can the request be handled as a simple agenda item for a Select Board meeting?· Does a hearing notice need to be posted?· Does this need to publicized as a hearing notice in the newspaper? And if so for how long?· Is there any notification required for abutters?






http://www.miyares-harrington.com/

https://www.mass.gov/how-to/amend-your-alcoholic-beverages-retail-license-change-of-hours-abcc

https://www.mass.gov/how-to/amend-your-alcoholic-beverages-retail-license-change-of-hours-abcc

· Any other requirements for us please? Thank youDianne Dianne DickersonExecutive AssistantTown Administrator/BOS Office978-540-2460 37 Shattuck St, Rm 306Littleton, MA 01460

From: Matthew PinardTo: Dianne Dickerson; Scott WodzinskiCc: Anthony Ansaldi; Joseph LaydonSubject: RE: Please advise: SALUT! wishes to extend hours on SundaysDate: Thursday, December 17, 2020 9:13:45 AM

Dianne,

Deb Carlson has done an incredible job opening and keeping it open during this pandemic. I feel she is doingeverything she can to stay open. If this will help her I have no issues with the hour change.

Respectfully,Chief Pinard

-----Original Message-----From: Dianne DickersonSent: Thursday, December 17, 2020 8:48 AMTo: Matthew Pinard <[email protected]>; Scott Wodzinski <[email protected]>Cc: Anthony Ansaldi <[email protected]>; Joseph Laydon <[email protected]>; Dianne Dickerson<[email protected]>Subject: Please advise: SALUT! wishes to extend hours on Sundays

Chief Pinard and Chief Wodzinski,

SALUT! is requesting an extension to its Sunday operating hours. (See Attached).

This will be discussed at SB meeting on Monday.We would like to include your comments in the SB packet.

Please advise.

Thank youDianne

Dianne DickersonExecutive AssistantTown Administrator/BOS Office978-540-246037 Shattuck St, Rm 306Littleton, MA 01460

Your message is ready to be sent with the following file or link attachments:

04A.1 Salut! Letter for hrs chg.docx

Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of fileattachments. Check your e-mail security settings to determine how attachments are handled.






From: Scott WodzinskiTo: Dianne Dickerson; Matthew PinardCc: Anthony Ansaldi; Joseph LaydonSubject: Re: Please advise: SALUT! wishes to extend hours on SundaysDate: Thursday, December 17, 2020 10:10:17 AM

No issues with Fire.

Get Outlook for iOS

From: Dianne Dickerson <[email protected]>Sent: Thursday, December 17, 2020 9:15:40 AMTo: Matthew Pinard <[email protected]>; Scott Wodzinski <[email protected]>Cc: Anthony Ansaldi <[email protected]>; Joseph Laydon <[email protected]>Subject: RE: Please advise: SALUT! wishes to extend hours on Sundays ThanksDianne

-----Original Message-----From: Matthew Pinard Sent: Thursday, December 17, 2020 9:14 AMTo: Dianne Dickerson <[email protected]>; Scott Wodzinski<[email protected]>Cc: Anthony Ansaldi <[email protected]>; Joseph Laydon <[email protected]>Subject: RE: Please advise: SALUT! wishes to extend hours on Sundays

Dianne,

Deb Carlson has done an incredible job opening and keeping it open during this pandemic. I feel sheis doing everything she can to stay open. If this will help her I have no issues with the hour change.

Respectfully, Chief Pinard

-----Original Message-----From: Dianne Dickerson Sent: Thursday, December 17, 2020 8:48 AMTo: Matthew Pinard <[email protected]>; Scott Wodzinski<[email protected]>Cc: Anthony Ansaldi <[email protected]>; Joseph Laydon <[email protected]>;Dianne Dickerson <[email protected]>Subject: Please advise: SALUT! wishes to extend hours on Sundays

Chief Pinard and Chief Wodzinski,

SALUT! is requesting an extension to its Sunday operating hours. (See Attached).

This will be discussed at SB meeting on Monday.






https://aka.ms/o0ukef

We would like to include your comments in the SB packet.

Please advise.

Thank youDianne

Dianne DickersonExecutive AssistantTown Administrator/BOS Office978-540-246037 Shattuck St, Rm 306Littleton, MA 01460

Your message is ready to be sent with the following file or link attachments:

04A.1 Salut! Letter for hrs chg.docx

Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certaintypes of file attachments. Check your e-mail security settings to determine how attachments arehandled.

Select Board Discussion Requested by: Chairwoman Napoli Action Sought: Discussion & Approval

Proposed Motion(s)

A. Town Meeting Preparation Task List – Discussion dependent.

B. Reorganization of Building Department – Discussion dependent.

C. Review of Personnel Bylaw – Discussion dependent.

D. Abolishment of outdated Articles and Regulations – Discussion dependent.

E. Implementation of organizational recommendations in Town Government Study – Discussion dependent.


A. Town Meeting Preparation Task List – It is anticipated that there will be a general discussion of what tasks need to be completed in advance of 2021 Annual Town Meeting.

B. Reorganization of Building Department – Included in the Board’s packet is a proposal from the Building Commissioner to restructure the Land Use and Inspectional Services Department. Documents include a conceptual job description and a 2009 Memorandum from former Littleton Town Administrator Keith Bergman regarding reorganization of staff within regulatory departments.

C. Review of Personnel Bylaw – It is anticipated that there will be a general discussion of the need to review the Personnel Bylaw and the process by which it should be reviewed.

D. Abolishment of outdated Articles and Regulations – Discussion of process to identify and abolish/ rescind bylaws and regulations.

E. Implementation of organizational recommendations in Town Government Study – For reference, the Final Report of the Town Government Study Committee

5 Littleton Board of Selectmen AGENDA ACTION REQUEST

December 21, 2020

2

dated June 5, 2007 can be found on the Town’s website at https://www.littletonma.org/sites/g/files/vyhlif806/f/uploads/littletongovtstudycommitteefinalreportjune2007_0.pdf The Executive Summary of the report is included in the Board’s packet.

https://www.littletonma.org/sites/g/files/vyhlif806/f/uploads/littletongovtstudycommitteefinalreportjune2007_0.pdf

https://www.littletonma.org/sites/g/files/vyhlif806/f/uploads/littletongovtstudycommitteefinalreportjune2007_0.pdf

Littleton MA Town Government Study Committee Final Report June 5, 2007

Final Revision Page i

Executive Summary Littleton, Massachusetts’ Board of Selectmen (BOS) established the Town Government Study Committee (TGSC) in April 2006 for the purpose of evaluating the effectiveness of the Town’s organizational structure and management systems and to report to the Selectmen with recommendations for further study and/or change. Specifically the TGSC was charged by the BOS to:

• Study the town’s organizational structure;

• Review the efficacy of the current structure;

• Evaluate the duties & functions of individuals, boards and committees;

• Examine models of government in comparable area towns;

• Study management systems/major function areas: financial, budgeting, personnel & procurement, public safety, public works, health, planning; and

• Prepare a final report of findings, conclusions, and recommendations. The BOS selected eight (8) former elected and/or appointed town officials to participate on the TGSC:

Member Initials* Former Board/Committee Joe Knox, TGSC Chair** JK BOS, current ZBA Roland Gibson RG School Committee Mike Knupp MK BOS, Finance Committee, ZBA Nate Long NL School Committee Lynn Masson LM Board of Assessors, Finance Committee Karen Duggan McNamara KM BOS, Finance Committee Rod Stewart RS Planning Board Harry Swift HS Board of Health

* Note: initials used to denote interview assignments ** Stepped down as Chair in May 2007 following election to Board of Selectmen; replaced by Harry Swift

During the course of its work from April 2006 through June 2007, the committee conducted and completed the following:

• 26 Department Interviews

• 10 Town Board Interviews

• Six (6) Meetings with Officials of Other Towns

• More than 40 posted committee meetings

• Citizen Questionnaires

• Two (2) Public Forums

• Two (2) Meetings with the Department Of Revenue - Division of Local Services

• Numerous telephone conferences with the Massachusetts Municipal Association

• Presentation at Special Town Meeting (fall 2006)


Final Revision Page ii

• Numerous Status Update Meetings with BOS

• Presentation At Town Meeting (May 2007)

The Committee drew the following primary conclusions from the data collected during the course of their study:

• Sub-optimal town leadership has resulted in inefficient internal operations, and the erosion of public trust and confidence in Town Government;

• Strong, committed and loyal town employees and volunteers have helped “make up” for this situation;

• Leadership issues appear to stem from systemic and/or process-related inefficiencies;

• Town needs to implement changes to ensure effective management systems and processes irrespective of individuals in the roles; and

• Fewer interested candidates for, and increasing complexities associated with, the Tax Collector and Treasurer positions have resulted in unopposed elections for these positions for more than a decade.

In order to alleviate the issues it observed during its 14 month study, the Committee made the recommendations presented in the following table.

RECOMMENDATION STATUS (June 7, 2007) Next Step Shift Treasurer and Tax Collector positions from elected to appointed.

Accepted by Town Meeting on May 5, 2005 and Town Election vote on May 12, 2007.

Appoint positions when incumbents’ terms are up.

Create a new Department of Finance and Budget with Associated Manager (Assistant Town Administrator for Finance and Budget).

Accepted by Town Meeting on May 5, 2005 and Town Election vote on May 12, 2007.

Final vote required at Special Town Meeting on June 11, 2007.

Establish greater clarity in responsibilities in and assign more authority to the Town Administrator (TA) position

Accepted by Town Meeting on May 5, 2005.

Selectman select, hire, and empower new TA

Require leadership training for senior elected/appointed officials

Recommended by TGSC Selectman discussion and action

Appoint Town Wide IT Coordinator Recommended by TGSC Selectman discussion and action

Appoint Facilities Manager Recommended by TGSC Selectman discussion and action

Establish policies to ensure consistent communications



Final Revision Page iii

RECOMMENDATION STATUS (June 7, 2007) Next Step Ensure all boards and committees dealing with property and permits utilize same tracking software


Improve permitting system (checklist; coordinator)


Appoint HR Coordinator Recommended by TGSC Selectman discussion and action

Improve Town Hall lay out Fianl plan being developed Plan to be approved and executed

Improve Web Site Recommended by TGSC Selectman discussion and action

Upgrade communications systems (phone, voice mail) town wide


Consider making fire/police chief roles consistent (strong/weak)

Selectman placed Strong police chief article at Town Meeting Warrant; passed May 12, 2007.

None required

Develop a guide for incoming board and committee members and a guide for new employees


Town Administrator/ Asst. Town Administrator Update 119 Tahattawan Road – Vote to Execute Purchase and Sales Agreement Requested by: Town Administrator Action Sought: Approval

Proposed Motion(s)

MOVE that the Select Board vote as follows relative to the parcel of land at 119 Tahattawan Road comprising 23.67 acres, more or less, described in Article 8 of the October 18, 2020 Special Town Meeting and further described in plans and deeds of record: (1) To acquire said land by deed under the authority of MGL Chapter 40, from the owners, Derek M. Brown, Stephen H. Brown, and Brown Robbins Trust, for a purchase price of $1,200,000.00, subject to Town Counsel’s final review of the description of the land, the acceptance of the deed, and other related documents. [Roll Call Vote]


The Town has completed its due diligence on the acquisition of land at 119 Tahattawan Road that was approved at the October 18, 2020 Special Town Meeting. The environmental review has come up clear. Attached is the executive summary of the Phase 1 Environment Site Assessment report. Once final documents are reviewed and approved by Town Counsel, the deed will be recorded. In the coming months, the Town will procure a survey plan of the property in recordable form and will execute an Order of Taking based up the survey plan.

6A Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

DRAFT

EXECUTIVE SUMMARY On behalf of Sudbury Valley Trustees (Client), Sanborn, Head & Associates, Inc. (Sanborn Head) has prepared this Phase I Environmental Site Assessment (ESA) with Limited Subsurface Investigation for the property located at 119 Tahattawan Road in Littleton, Massachusetts (Site). This Phase I ESA portion of this report was performed in substantial conformance with the scope and limitations of the Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM E 1527-13) and the U.S. Environmental Protection Agency’s (USEPA) “All Appropriate Inquiry” Final Rule, 40 C.F.R. Part 312 (AAI). Sanborn Head’s services and this report are subject to the limitations provided in Appendix A. Based on the services summarized herein, this Phase I ESA has revealed no evidence of Recognized Environmental Conditions (RECs) in connection with the Site. Although subsequently removed as described below and not rising to the level of a REC, an unregistered underground storage tank (UST) was identified behind the former barn foundation at the Site during the Site reconnaissance performed by Sanborn Head. On December 3, 2020, the UST was removed on behalf of the current Site owner under the observation of Sanborn Head. No holes or pitting were observed in the UST upon removal, and no visual, olfactory, or photoionization detector (PID) screening evidence of a potential release were observed during the removal. Sanborn Head collected one composite confirmatory soil sample from the base and sidewalls of the UST excavation for analysis of volatile petroleum hydrocarbons (VPH) and extractable petroleum hydrocarbons (EPH) ranges and target analytes. One trace EPH fraction was detected well below the applicable Massachusetts Contingency Plan (MCP) Reportable Concentration for Category S-1 soil (RCS-1). No other EPH/VPH ranges or target analytes were detected above laboratory reporting limits. It is our opinion that no further action is required. Similarly, old debris including several rusted out former drums, metal containers, piping, and fencing were observed in areas behind the house and former out-buildings at the edge of the developed portion of the property. On December 3, 2020, the former drums and metal containers were removed from the Site on behalf of the current owner under the observation of Sanborn Head. No visual, olfactory, or PID screening evidence of a release was observed. Two composite soil samples were collected from beneath the debris areas and submitted for laboratory analysis of volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), metals, polychlorinated biphenyls (PCBs), total petroleum hydrocarbons (TPH), pH, ignitability, reactivity, and specific conductance. Based on the results, metals and TPH were detected in the samples generally at concentrations below the applicable MCP RCS-1 standards. Arsenic was detected in one sample at a concentration just above the applicable MCP RCS-1 standard. However, it is the opinion of Sanborn Head that the arsenic is likely associated with the well documented natural arsenic from the bedrock in the region. Therefore, it is also our opinion that the arsenic

December 17, 2020 DRAFT Page 2 20201217 Phase I ESA 119 Tahattawan Rd - DRAFT Exec Summ.docx 4898.00

detection is exempt from reporting to the Massachusetts Department of Environmental Protection (DEP) in accordance with the Massachusetts Contingency Plan (MCP), 310 CMR 40.0317(22), and no further action is required. In addition, we note that the Site may have historically been farmed, and some of the surrounding and immediately abutting properties historically appear to have included orchards which were common to the area. In fact, a small area in the southwestern portion of the Site may have also been used as an orchard based on a historical topographic map and aerial photographs identified during our review. Elevated arsenic and lead are commonly identified in surficial soils in the vicinity of historical orchards due to the widespread historical use of lead arsenate as a pesticide. Should residual arsenic and/or lead be identified in soil at the Site in the future associated with historical agricultural pesticide applications, such a condition would also be exempt from reporting in accordance with both Massachusetts law (Chapter 21E) and the MCP1.

P:\4800s\4898.00\Source Files\Littleton Phase I ESA\20201217 Phase I ESA 119 Tahattawan Rd - DRAFT Exec Summ.docx

1 Releases indicated by residues in the environment resulting from the application of pesticides in a manner

consistent with their labeling do not require notification per 310 CMR 40.0317(8)(c).

Town Administrator/ Asst. Town Administrator Update Couper Farm House – Execute Deed and Take Possession Requested by: Town Administrator Action Sought: Approval

Proposed Motion(s)

MOVE that the Select Board vote to execute the deed and take possession of the Couper Farm House parcel, shown as Lot A on the plan entitled “Couper Farm Estates, Open Space Development Definitive Subdivision and Over 55 Housing Development Special Permit”, dated December 15, 2016, and last revised March 17, 2017, prepared by Markey & Rubin Civil engineering (the Plan), which is recorded with the Middlesex South District Registry of Deeds, as Plan 409 of 2017, containing 22,301 square feet of land, more or less, according to said Plan. [Roll Call Vote]


In the Board’s packet is the Acceptance of Deed document to be signed in order to formally accept the deed for the Couper Farm House parcel at 180 Great Road. A copy of the deed, signed by the Matthew and Michael Field is also included.

Board Action


6B Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

ACCEPTANCE OF DEED

The undersigned Board of Selectmen of the Town of Littleton hereby accepts the foregoing deed from Matthew P. Field and Michael S. Field, Trustees of M&M Realty Trust, pursuant to the authority granted to it by the vote under Article 9 of the Special Town Meeting of October 30, 2017 this day of ______________ , 2020.

TOWN OF LITTLETON By its Board of Selectmen

Cynthia Napoli, Chair

Charles DeCoste, Vice Chair

Paul Glavey, Clerk

Joseph Knox

Matthew Nordhaus

COMMONWEALTH OF MASSACHUSETTS

Middlesex County, ss.

On this ___________ day of ______________, 2020 before me, the undersigned notary public, personally appeared ________________________________________________________________ ______________________________________________________________ proved to me through satisfactory evidence of identification, which was □ MA driver's license, or □personal knowledge of the undersigned, to be the person(s) whose name is signed on this document, and acknowledged to me that they signed it voluntarily for its stated purpose and that it was their free act and deed as duly authorized signatory.

Notary Public

Print Name of Notary: ___________________ My commission expires: _________________

QLITCLAI\I DEED

Matthew P. Field and Michael S. Field, Trustees M & M Realty Trust, u/d/t dated June 30, 201l,a certificate of which is recorded with Middlesex South Registry ofDeeds at Book 57086, Page 36,with an address of 442 King Street, Littleton, Massachusetts ("Grantor"), for nominal considerationas a gift, pursuant to that certain Host Community Agreement between Grantor and Grantee dated

April 25, 2016 recorded with the Middlesex South District Registry ofDeeds at Book 69236, Page

174, grants to the Town of Littleton, a municipal corporation having an address of37 ShattuckStreer, Linleton, Massachusetts, 01460 ("Grantee"), with QUITCLAIM COVENANTS:

The land, together with any improvements thereon, located in the Town of Littleton, MiddlesexSouth County, Massachusetts, numbered as #180 and shown as Lot A on a plan entitled: "COUPERFARM ESTATES, Open Space Development Definitive Subdivision and Over 55 HousingDevelopment Special Permit", dated December 15,2016, and last revised March 17,2017,prepared by Markey & Rubin Civil Engineering (the "Plan"), which Plan is recorded with the

Middlesex South District Registry ofDeeds, as Plan 409 of2017, containing22,3ll square feet ofland, more or less, according to said Plan.

The fee in the roadway shown on the Plan is not herein conveyed, however, there is herein granted

the right to use the roadway for all purposes for which streets and roadways are used in the Town ofLittleton.

Being a portion ofthe premises conveyed to the Grantor by Deed dated April 25,2017 and recordedwith Middlesex South Registry of Deeds in Book 69236, Page 270 and Deed dated May 3,2017 andrecorded with Middlesex South Registry of Deeds in Book 69236, Page 257 .

Said gift is accepted under authority conferred by vote under Article 9 ofthe Special Town Meetingheld on October 30, 2017, and said property is to be held in the care, custody, management and

control ofthe Board of Selectmen for affordable housing purposes and/or such other public use as theBoard of Selectmen may determine provided such use is not detrimental to the Couper Farm Estates

residential development and counts toward the affordable housing requirement ofthe development.

The undersigned hereby certifies that (a) we are all ofthe currently serving Trustees ofthe M&MRealty Trust; (b) the Declaration ofTrust establishing said Trust has not been terminated and saidTrust is still in full force and effect and the Declaration of Trust has not been amended exceptthrough those documents recorded with the Middlesex South District Registry ofDeeds; and (c) allofthe beneficiaries ofsaid Trust have authorized and directed the execution and delivery of this deed

by the undersigned.

IBalance ofpage intentionally left blank]

IN WITNESS WHEREOF, the Grantor has executed thisday of May, 2019.

Deed, under seal as ofthe 20t

P. Field, T M&M alty Trust

\,l ichael S. Field stee Realty rust

COMMONWEALTH OF MASSACHUSETTS

Middlesex County, ss.

On this 20s day ofMay,20l9 before me, the undersigned notary public, personally appeared

Matthew P. Field and Michael S. Field, Trustees of the M&M Realty Trust, as aforesaid, proved tome through satisfactory evidence of identification, which was personal knowledge oftheundersigned, to be the person(s) whose name is signed on this document, and acknowledged to me

that he signed it voluntarily as Trustee as aforesaid for its stated purpose and that it was his free actand deed as duly auth gnatory.

Notary lic

Print ame of Notary: Jennifer C. PlauMy commission expires: December 20,2024

JENNIFEF . PLATT

,.i ColnnrLabl! Errrxzgir.

!lota?, Psbllcc

Town Administrator/ Asst. Town Administrator Update Nagog Hill Orchard – Authorize the Request for Proposal (RFP) Requested by: Town Administrator Action Sought: Approval

Proposed Motion(s)

MOVE that the Select Board vote to authorize the Request for Proposal (RFP). [Roll Call Vote]


1. Included in the Board’s packet is a draft Request for Proposals for the lease of the

Nagog Hill Orchard. The draft RFP reflects discussions between Staff, Town Counsel, and Select Board Member Paul Glavey.

Board Action


6C Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

1

NAGOG HILL ORCHARD

REQUEST FOR PROPOSALS (RFP)

TO LEASE, MANAGE AND OPERATE

THE NAGOG HILL ORCHARD AND PICK YOUR OWN APPLES ACTIVITY

OWNED BY TOWN OF LITTLETON December____, 2020

2

REQUEST FOR PROPOSALS (RFP) TO LEASE, MANAGE AND OPERATE

NAGOG HILL ORCHARD AND FARMSTAND

The Town of Littleton (“Town”), through its Select Board, seeks proposals from qualified individuals and organizations to lease, manage and operate a Town-owned orchard and related structures for agricultural use on approximately 94.18 acres of land located off Nagog Hill Road known as the Nagog Hill Orchard. This Request for Proposals (“RFP”) is being issued pursuant to the provisions of the Uniform Procurement Act, M.G.L. c. 30B, § 16.

A site walk of the orchard and facilities will be held at 74 Nagog Hill Rd, Littleton MA 01460 (meet at the Farm Stand) on ____, 2020 at 1:00 pm_______________.

Questions regarding this RFP should be directed in writing to (via email) to Joseph Laydon, Assistant Town Administrator no later than December _____, 2020 at [email protected].

Proposals must be received by January ______, 2021 no later than 2:00 pm and shall be addressed to: Joseph Laydon, Assistant Town Administrator and be clearly marked “Nagog Hill Orchard RFP.” Late proposals will be returned to the respondent. Within each proposal, respondents shall enclose a cover letter with the signature, name, and title of the person authorized to submit the proposal on behalf of the respondent.

The respondent’s proposal shall be included in separate sealed envelopes; a “Non-Price Proposal” and a “Price Proposal.”

The one (1) original, five (5) hard copies, and one (1) electronic copy on a flash drive in Adobe (PDF) format of Price and Non-Price Proposals and shall be placed in separately sealed envelopes (clearly marked Price Proposal and Non-Price Proposal) within an outer package marked with Respondent’s company name and “Nagog Hill Orchard Lease Proposal” on the front of the envelope.

All proposals should be written or ink typed. It is the Respondents’ responsibility to ensure that its proposal is delivered at within the time and at the place prescribed. Proposals may be modified or withdrawn upon written request, provided such request is received prior to the proposal deadline. No proposal may be modified after the proposal deadline has passed. The Town reserves the right to reject any or all proposals, to waive any technical defect or informality in the proposals received, and to accept or reject any proposal or portion thereof, as it deems to be in the best interests of the Town.

3

BACKGROUND INFORMATION

The Nagog Hill Orchard consists Lots 102-A. 103-A, 104, 105, 109, 110, and 111, as shown on a plan entitled “Plan of Land in Littleton, Mass. Prepared for the Town of Littleton ~ Morrison Property ~,” by David E. Ross Associates, Inc. dated April, 2000, Plan No.1343 of Book 2002, Sheets 1-3; and Lot 107 as shown on plan entitled “Land in Littleton, Mass. surveyed for the Town of Littleton ~ Morrison Property ~” Plan No. 227 of 2000, Sheet 2 of 5. The Orchard contains approximately 42.2 acres of trees, primarily apples, but also a substantial selection of peaches, plums, pears, nectarines and pluots. The premises also contains a 36’ x 72’ farm stand, the upper barn, the two family dwelling, and the lower barn and cottage.

The Town’s intent is to execute a (10) ten to twenty (20) year lease with a (10) ten-year renewal option and management agreement with a Lessee that will continue to operate the Nagog Hill Orchard as a working orchard. Respondents should indicate in their proposal what term of lease, within is preferred. The Lessee shall maintain and manage the property, including all structures, shall harvest the orchard, perform ongoing pruning, and integrated pest management and other necessary operations, such as planting of new trees, and shall operate the farm stand for retail operations, between roughly August 1 and Thanksgiving of every year. The Lessee shall also run a pick-your-own apples activity and may engage in other agriculture activities as permitted by the Select Board. The Lessee shall receive all the fruit and the use of the farm stand (from which the Lessee can market other produce from other operations it may maintain), the coldstore and other facilities and limited equipment on the site. It is expected that the Lessee will provide most of the necessary equipment, including a tractor, as well equipment necessary for the farm stand.

The Lessee will be responsible for the costs of utilities on the Premises (including all structures), including, electric, water and telephone. The Lessee will be responsible for all maintenance and improvements to structures on the Premises. Substantial improvements shall be subject to prior written consent of the Select Board. The Lessee shall provide and maintain insurance as described in the sample Lease attached to this Request for Proposals.

Annual reporting to the Town of Lessee’s activities on the Premises, including types of plantings, crop yields, and prices, maintenance activities, improvements to structures and the Orchards shall be required as provided in the Lease and approved Management Plan as described herein.

The Town makes no representations or warranties, expressed or implied, as to the accuracy and/or completeness of the information provided in this RFP. Prospective Lessees will be expected to undertake their own review and analyses concerning physical conditions, environmental conditions, applicable zoning, required permits and approvals, reuse potentials, and other development, ownership and legal considerations (including, but not limited to, any applicable public construction and/or fair wage laws).

SUBMISSION OF PROPOSALS Submission of a proposal is in two parts, as detailed in the RFP. The Non-Price Proposal shall describe the Respondent’s experience and qualifications. The Non-Price Proposal shall contain the following information:

Commented [JM1]: I need to confirm which (if any) of these lots is the open space parcel and exclude it from the description both here and in the Lease.

4

1. A narrative describing the experience of respondent managing fruit orchards, a farm stand, barns, structures, and farming equipment. The narrative should include a list of farming equipment owned or leased by the Respondent and should document the experience and licensing of the Respondent to perform pesticide management.

2. Proof of insurance that meets the requirements of the form of Lease.

3. A list of outstanding financial obligations to Town of Littleton, if any.

4. A Management Plan for the Orchard, equipment and structures, including provisions for succession in the event that the respondent is unable to perform the obligations in the Lease. The Management Plan should also provide for (a) pesticide management, (b) periodic reporting to the Town of the number and types of plantings, crop yields, and prices; (c) a description of all maintenance and improvement activities performed on structures and the orchard; and (d) annual inspections by the Town.

The Price Proposal shall show the Respondent’s proposed annual lease payment, if any, for each year of the lease term. The non-price proposals will be evaluated first by the Chief Procurement Officer using the information listed in the non-price proposal form. A list will be developed of all proposals that meet the minimum criteria. Those that meet the minimum criteria will then be evaluated using the comparative criteria. The Town, acting by and through the Town Administrator, will award the lease to the “responsive and responsible proposer” whose proposal is deemed the most advantageous, taking into consideration all of the minimum and comparative evaluation criteria and price. The successful respondent will also be required to submit the following before signing the Lease, draft copies of which are attached for review: (1) Certificate of Non-Collusion (Attachment); Certificate of Tax Compliance (Attachment); (3) Proof of Maintenance of Applicable Insurance Coverage; and (4) Disclosure of Beneficial Interests Form (Attachment).

5

FORM A NON-PRICE PROPOSAL

NAGOG HILL ORCHARD LEASE

Submit this form in a separate envelope clearly marked on the outside as “Non-Price Proposal – NAGOG HILL ORCHARD LEASE” Use additional

paper as necessary

Name of Respondent: __________________________________________________

Firm:

Address: ______________________________________________________

Town: State: Zip:

Telephone:

Minimum Evaluation Criteria

The respondent must meet and complete Criteria #1, 2, 3 and 4 to be considered.

1. Narrative provided describing the experience of respondent managing fruit orchards, a farm stand, barns, structures, and farming equipment.

2. Insurance (see form of Lease below)

3. Outstanding Financial Obligations to Town of Littleton – None Outstanding

4. Proposal contains a Management Plan for the Orchard, equipment and structures, including provisions for succession in the event that the respondent is unable to perform the obligations in the Lease. The Management Plan should also provide for (a) pesticide management; (b) periodic reporting to the Town of the number and types of plantings, crop yields, and prices; (c) a description of all maintenance and improvement activities performed on structures and the orchard; and (d) annual inspections by the Town.

Comparative Evaluation Criteria

Each of the following criteria will be evaluated as: Most Advantageous; Advantageous; Least Advantageous; or Unacceptable to the Town.

1. Experience Managing Fruit Orchards

2. Possession of Fruit Orchard Farming Equipment

3. Experience and licensing of pesticide application

6

4. Experience operating a farm stand

5. Comprehensiveness and quality of proposed Management Plan.

COMPARATIVE CRITERIA (Use Additional Paper, if necessary)

Criteria #1 – Experience Managing Fruit Orchards List any experience you have growing and managing fruit orchards. Give name, address and acreage of orchard, address, and telephone number of landowner. Please describe the varieties of fruit managed. Provide proof such as deed, contract, tax bill, or crop receipts.

• Fewer than three (3) years = Unacceptable • Three (3) to five (5) years = Least Advantageous • Five (5) to ten (10) years = Advantageous • More than ten (10) years = Most Advantageous

Criteria #2 – Fruit Orchard Farming Equipment Owned or Leased List any equipment you own or lease for at least a three-year period that would be used for managing the orchard.

• No equipment = Unacceptable • Tractor only = Least Advantageous • Tractor and pesticide sprayer = Advantageous • Tractor and pesticide sprayer and hay wagon/cart = Most advantageous

Criteria #3 – Experience and licensing for pesticide application List experience and licensing for pesticide application in Massachusetts

• No experience or licensing of pesticide application in Massachusetts = Unacceptable • Some experience, but fewer than three (3) years licensing and experience of pesticide

application in Massachusetts = Least Advantageous • Licensing and between three (3) and five (5) years’ experience of pesticide application in

Massachusetts = Advantageous • Licensing and five (5) or more years’ experience of pesticide application in Massachusetts

= Most Advantageous

Criteria #4 – Experience Operating a Farm Stand List any experience you have managing a farm stand.

• Fewer than three (3) years = Unacceptable • Three (3) to five (5) years = Least Advantageous • Five (5) to ten (10) years = Advantageous • More than ten (10) years = Most Advantageous

Criteria #5 – Comprehensiveness and quality of proposed Management Plan Provide Management Plan that meets the minimum requirements of the RFP.

• Does not meet the minimum requirements of the RFP = Unacceptable • Meets the minimum requirements of the RFP but lacks sufficient detail to permit the

Town to properly evaluate the plan = Least Advantageous • Management Plan is robust and detailed containing all of the information requested by

the Town = Advantageous

7

• Management Plan is robust and detailed containing a more comprehensive plan than the minimum requested by the Town = Most Advantageous

I understand that this non-price proposal information will be evaluated by the Town and separate

from the price proposal.

Signature:

Print Name:

Date:

8

FORM B - PRICE PROPOSAL NAGOG HILL ORCHARD

Submit this form and attachments in a separate envelope clearly marked on the outside as “Nagog Hill Orchard Lease Price Proposal”

Respondent acknowledges receipt of the following addenda:

Name of Respondent: Name of Business: _______________________________________________________

Address:

Town: Telephone:

Respondent proposes to pay the following each year as annual rent for the lease of the

Nagog Hill Orchard:

______________________________________ dollars ($_________) per year

escalating at _______________________ percent (______%).

Signature:

Print Name:

Date:

9

CERTIFICATE OF NON-COLLUSION

The undersigned certifies under the pains and penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the work “person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals. Signature Title Name of Business Date

10

STATEMENT OF TAX COMPLIANCE

Pursuant to Commonwealth of Massachusetts General Laws, Chapter 62C, Section 49A, I certify under the pains and penalties of perjury that, _________________________________________ (Respondent) has filed all Commonwealth of Massachusetts state tax returns, has complied with all Commonwealth of Massachusetts laws relating to taxes, and has paid all Commonwealth of Massachusetts State Taxes required under law. _________________________________________ (Respondent) By:______________________________________ Respondent’s Federal Tax I.D. No. _____________

11

DISCLOSURE OF BENEFICIAL INTERESTS FORM (M.G.L. c. 7C, § 38)

The undersigned party to a real property transaction with a public agency hereby discloses and certifies, under pains and penalties of perjury, the following information as required by law: (1) REAL PROPERTY: (2) TYPE OF TRANSACTION, AGEEMENT, or DOCUMENT: (3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: (4) DISCLOSING PARTY’S NAME AND TYPE OF ENTITY (IF NOT AN INDIVIDUAL): (5) ROLE OF DISCLOSING PARTY (Check appropriate role): _____Lessor/Landlord _____Lessee/Tenant _____Seller/Grantor _____Buyer/Grantee _____Other (Please describe):_______________________________________ (6) The names and addresses of all persons and individuals who have or will have a direct or

indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation or 2) an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows (attach additional pages if necessary):

NAME RESIDENCE (7) None of the above- named persons is an employee of the Division of Capital Asset

Management and Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed below (insert “none” if none):

(8) The individual signing this statement on behalf of the above-named party acknowledges

that he/she has read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts:

12

No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. The provisions of this section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee’s interest is held by the organization of unit owners of a leasehold condominium created under chapter one hundred and eighty-three A, and time-shares are created in the leasehold condominium under chapter one hundred and eighty-three B, the provisions of this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arms length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than three percent of the votes entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within thirty days of such change.

Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request.

The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours.

(9) This Disclosure Statement is hereby signed under penalties of perjury.

______________________________ _________________________________________ PRINT NAME OF DISCLOSING PARTY (from Section 4, above)

______________________________ _________________________________________ AUTHORIZED SIGNATURE of DISCLOSING PARTY DATE (MM / DD / YYYY)

______________________________ _________________________________________

PRINT NAME & TITLE of AUTHORIZED SIGNER

13

SAMPLE

LEASE

This LEASE (the “Lease”) made as of this (Date) by and between the TOWN OF

LITTLETON, a municipal corporation duly organized under the laws of the Commonwealth of

Massachusetts, Littleton, Middlesex County, Massachusetts 01460, hereinafter referred to as

“Town” and (“Name”), hereinafter referred to as “the Tenant.”

RECITALS

WHEREAS, the Town is the owner of certain parcels of land located on

Nagog Hill Road consisting of approximately 97.18 acres, more or less, upon which are located

an orchard, a farm stand, an upper barn, two family dwelling, lower barn and cottage, and other

improvements, as more particularly described in the November 2, 2015 Special Town Meeting

vote on Article 8, attached hereto as Exhibit A (hereinafter referred to as the “Property”); and

WHEREAS, in furtherance of the purposes for which the Property were acquired, a

portion of the Property has been maintained as an apple and other varieties of fruit orchard; and

there has been a farm stand and pick-your-own apples activity maintained on the Property; and

WHEREAS, the Town wises to provide continued cultivation and increased harvest of

the fruit orchard, and continued operation of the farm stand and pick-your-own apples activity

on the Property while satisfying the following obligations: (1) protection of the surrounding

natural resources, including surface and ground water supplies; (2) enhancement of the

conservation values of the surrounding property; (3) maintenance of public access to and

enjoyment of the property surrounding the orchard; and (4) provision of educational

opportunities for the public; and

WHEREAS, the Town wishes to ensure that the orchard will be protected and conserved

for future generations; and

WHEREAS, the Tenant is experienced in the business of developing, maintaining,

and managing fruit orchards, operating farm stands and pick-your-own apple activities; and

14

WHEREAS, the Tenant wishes to maintain a fruit orchard, farm stand and pick-your-own

apple activity on the Property and has submitted a proposal to do so which has been accepted by

the Town; and

WHEREAS, the Tenant has produced a Management Plan for the Property, attached

hereto as Exhibit B (the “Plan”), that provides for pesticide management, periodic reporting to

the Town of the number and types of plantings, crops, yields and prices, a plan for succession in

the event that the principal farmer for the Tenant is unable to perform the obligations under this

Lease, the maintenance and other improvements of structures on the Property, and annual

inspections by the Town

NOW THEREFORE, in consideration of the rents and covenants herein on part of the

Tenant to be paid, performed and observed, the Town hereby rents, leases and lets unto the

Tenant the Property, as hereinafter defined, upon the following terms and conditions:

SECTION 1 – THE LEASED PREMISES

The Town hereby leases and lets to the Tenant, and the Tenant hereby takes and hires

from the Town upon and subject to the terms, conditions, covenants and provisions hereof, the

Property for the permitted Uses described herein.

SECTION 2 – USES

A. The Tenant shall cultivate, maintain, manage and harvest the fruit orchard annually, shall

maintain the pick-your-own apples activity and other agritourism activities permitted by the

Town, and shall take any and all other steps necessary to maintain the status of the orchard as

“land in agricultural use” within the meaning of 310 CMR 10.04. Such cultivation, maintenance,

management, harvesting, and agritourism shall be the only activities conducted on the orchard

without the prior written approval of the Select Board and shall be conducted according to good

agricultural and business practices consistent with the terms and provisions of this Lease, but

without regard to its termination. The Tenant shall not be excused from performance except in

instances where the forces of nature prevent performance.

15

B. Tenant shall maintain all structures in accordance with applicable law. Any capital

improvements to existing structures or installation or construction of any new structures,

including water supply and drainage structures, or facilities on the Property may only be

performed with prior written approval of the Select Board. Such written approval of the Select

Board shall not relieve the Tenant’s obligation to comply with all applicable local, state and

federal rules and regulations.

C. The Tenant shall provide public access to the orchard at least once annually and at such

other times, if any, as the Town and Tenant may agree. As provided further that the Tenant may

on occasion post notice that the public is barred from certain parts or all of the orchard for reason

of spraying, construction or other periods of danger. The Tenant shall post notice in conspicuous

places on the Property prohibiting or limiting entry by the public into the orchard during periods

of certain cultivation practices, when necessary to protect the orchard or for public safety

purposes. The Tenant shall promptly notify the Select Board and the Littleton Chief of Police of

any violation when so posted. The Tenant may post other instructional or advisory signs not

otherwise required by local, state or federal law or of this Lease, for public safety or public

education at any time.

D. The Tenant agrees to restrict the use of all structures on the Property to uses directly

connected to the cultivation, maintenance, management, harvesting, and agritourism of the

orchard, and for and processing of farm goods, all as permitted by the Town. Subleasing of

structures may be permitted with prior written approval of the Select Board.

E. The Tenant shall have the right to market and sell fruit, produce, plants and other

agricultural products at retail or otherwise and to open the Property to Pick-Your-Own sales and

events.

F. The Tenant shall open and operate the farm stand on an annual basis from at least August

1 through the day before Thanksgiving of each year. During such time, the farm stand shall be

open a minimum of five days per week.

G. The Tenant shall, at all times, comply with the Plan, which may be amended from time to

time by mutual agreement of the Parties.

16

SECTION 4 – RENT

A. The Tenant shall retain all fruits as Tenant’s property. The Tenant shall pay to the Town

as Rent the sum of ____________ per year, escalating at _________% per year throughout the

duration of the Term. Rent shall be paid no later than ___________ of _______________ of each

year beginning on ____________________.

B. The Tenant shall additionally pay rent in-kind by reconstructing, renovating and

cultivating the orchard according to best practices. The parties intend that the Tenant benefit

from the harvest potential as received, and leave it in the same or better potential at the end of the

lease.

C. The Tenant shall also pay rent in-kind by maintaining, renovating and reconstructing the

structures and improvements on the Property. Any such renovation or reconstruction project

shall only be undertaken after the Tenant seeks and receives written approval of the project from

the Select Board.

SECTION 5 – COSTS, EXPENSES AND TAXES

A. The Tenant shall bear the expense and make all financial disbursements for the cost of

operating and maintaining the Property and orchard and shall be responsible for any damage

caused by the Tenant, its employees, agents or assigns, to the land and structures in and on the

Property.

B. Tenant shall pay and discharge as they become due, promptly and before delinquency, all

taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts,

whether general or special, or ordinary or extraordinary, of every name, nature, and kind

whatever, including all governmental charges of whatever name, nature, or kind, which may be

levied, assessed, charged, or imposed, or which may become a lien or charge on the Property or

the improvements, or any part of same, or on Tenant’s estate which may be a subject of taxation,

or on the Town by reason of its ownership of the fee or any easements underlying this Lease,

during the entire term of this Lease, saving and excepting only those taxes in this section

specifically excepted.

17

C. Operation of the farm stand, pick-your-own apples, and other agritourism activity shall be

subject to all applicable tax laws.

SECTION 6 – MAINTENANCE AND REPAIRS

A. Subject to and in compliance with all applicable local, state and federal laws, rules and

regulations, the Tenant shall be responsible for the normal maintenance, operation and timely

repair of all structures and utilities on the Property. No capital improvement shall be undertaken

or new utility or drainage structure installed without written permission of the Town.

B. Subject to and in compliance with all applicable local, state and federal laws, rules and

regulations, the Tenant may undertake any operations and maintenance necessary and incidental

to achieve good apple orchard agricultural and business practices.

SECTION 7 – USE OF EQUIPMENT

A. The Tenant shall have the right to install and/or maintain appropriate irrigation

equipment, pumps, roadways and walkways, and to repair, replace, maintain or remove such.

The installation, maintenance, repair, removal or operation of such equipment or structures shall

be performed by the Tenant or persons employed by the Tenant. The Tenant shall employ safety

procedures commonly followed in commercial orchards to protect the public from injury due to

any work or activity conducted in connection with the orchard operation. All irrigation

equipment and removable hardware and equipment installed by the Tenant shall remain property

of the Tenant.

SECTION 8 – INSECT, WEED, DISEASE AND PEST MANAGEMENT

A. The Tenant shall comply with all Federal and state laws and regulations governing the

use of pesticides.

B. The Tenant shall observe all local, state and federal laws, rules and regulations regarding

the posting of the orchard at times when pesticides or herbicides are applied to the orchard and

regarding the handling, storage and mixing practices associated with applications. The Tenant

shall use best management practices to minimize inadvertent chemical releases.

18

D. The Tenant shall not use any chemicals, pesticides or application procedures on the

Property that are prohibited by state, local or federal laws or regulations.

SECTION 9 – PUBLIC EDUCATION

The Tenant may from time to time advise, assist and cooperate with the Select Board or

its designee to provide public education programs or services concerning the cultivation,

maintenance, or management of apple orchards, such provisions or services to be sponsored

jointly or solely by the Tenant, the Select Board, and as shall be mutually agreeable. The Tenant

shall not be required to participate in or sponsor more than one event not to exceed one day each

year.

SECTION 10 – INSURANCE

A. The Tenant shall, at its own expense, procure and maintain during the Term of this Lease and

for one year following, policies of insurance to include the following coverage: (1) Workers’

Compensation Insurance, in minimum amounts required by law, including Employers Liability Part

B; (2) broad form Commercial General Liability Insurance written on a per occurrence basis of not

less than $1,000,000 per occurrence and $3,000,000 aggregate; (3) Pollution Liability Insurance in

amounts of not less than $1,000,000 per occurrence and $3,000,000 aggregate; (4) Comprehensive

Automobile Liability Insurance including coverage for owned, hired, non-owned, leased and

borrowed vehicles with a combined single limit of $1,000,000 bodily injury and property damage per

accident; and (5) umbrella coverage of at least $2,000,000 per occurrence and $2,000,000 in the

aggregate.

B. Certificates of insurance evidencing the coverage required hereunder and copies of the

policies, together with evidence that all premiums for such insurance have been paid, shall be

filed with the Town prior to the commencement of tenancy provided herein. All such policies

and certificates shall be written through companies and in forms acceptable to the Town’s lender

or lenders, if any. All policies shall contain a provision that coverages afforded by them will not

be cancelled or amended until at least thirty (30) days prior written notice has been given to the

Town. In the event that any policy is cancelled or amended, the Tenant shall immediately

provide notice to the Town and take all steps necessary to reinstate such policy to conform to the

19

requirements of this Lease. The insurance provided under clause A(2), A(3), A(4), and A(5),

above, shall name the Town and such other parties as the Town shall require as “Additional

Insured” parties. Insufficient insurance shall not release the Tenant from any liability for breach

of its obligations under this Lease.

SECTION 11 – INDEMNIFICATION

To the maximum extent permitted by law, the Tenant agrees to indemnify, defend with

counsel acceptable to the Town and save harmless the Town from all suits, actions, claims,

demands, damages, losses, expenses and costs, including attorneys’ fees, of every kind and

description which the Town may incur or suffer resulting from, in connection with, or arising out

of any act, error or omission of, or breach of contractual duties to the Town by, the Tenant, its

agents, servants, employees or Subcontractors. The extent of the foregoing indemnification and

hold harmless provisions shall not be limited by any provision of insurance required by this

Lease and shall survive the termination of this Lease.

SECTION 12 – ASSIGNMENT AND SUBLETTING

A. The Tenant shall not encumber, assign or otherwise transfer this Lease and Management

Lease, or any right of interest herein, without the express written consent of the Town. Any

encumbrance, assignment or transfer without the prior written consent of the Town, whether it be

voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the

Town, terminate this Lease.

B. The Tenant shall not sublet in whole or any portion of the Property without the Town’s

prior written consent, which consent may be withheld by the Town in its discretion.

SECTION 13 - TERMINATION

A. In the event of the default of the Tenant, the Town may terminate this Lease as provided

in Section 18, below.

B. In the event that the Town enacts new bylaws and/or local regulations after the execution

of this Agreement which directly or indirectly effect farm operations, the Tenant may

20

terminate this agreement without penalty upon thirty (30) days written notice to the

Town, however, in no event shall the Town be responsible for any early termination

and/or sunk-cost expenses incurred by the Tenant prior to termination.

C. Either party may terminate this Lease for their convenience upon six (6) months’ notice

to the other. In the event that the Town terminates this Lease pursuant to this Section

13.C, the Town shall repay the Tenant for those capital costs that Tenant incurred in

connection with the Property over the prior fiscal year.

SECTION 14 – REPORTING

A. The Tenant will adhere to the following reporting requirements to the Town:

1. a copy of the Plan;

2. as requested by the Town from time to time, pre-arranged informal annual reports

and/or meetings in the field or office to discuss ongoing and/or developing Plan

issues;

3. scheduled formal pre-season (annual) meetings to review completed activities and

planned activities, including in-kind services or otherwise, that are specified in the

Plan;

4. copy of the Tenant’s submission of pesticide application reports; and

5. copy of the Tenant’s nutrient application reports

SECTION 15 – NOTICES

All notices required or permitted under this Lease shall be in writing and mailed:

If to the Town:

Town of Littleton 37 Shattuck Street Littleton, MA 01460 Attn: Select Board and

21

with a copy to:

Thomas J. Harrington, Town Counsel Miyares and Harrington LLP 40 Grove Street • Suite 190 Wellesley, MA 02482 If to the Tenant:

SECTON 16 – EMINENT DOMAIN

A. If the whole or any part of the Property shall be taken for any public or quasi-public use

inconsistent with the uses permitted in this Lease and such as to render the uses described in this

Lease impracticable or impossible, under any statute or by right of eminent domain or by private

purchase in lieu thereof, then this Lease shall automatically terminate as of the date possession

has been taken.

B. The Town shall be entitled to all compensation awarded or paid upon such a total or

partial taking of the Property pro rata to the Tenant’s interest, provided that nothing herein shall

be construed to preclude the Tenant from prosecuting any claim directly against the condemning

authority in such condemnation proceeding for depreciation to, damage to and/or cost of removal

of, and/or for the value of stock and/or trade fixtures, furniture and other personal property

belonging to the Tenant; provided, however, that no such claim shall diminish or otherwise

adversely affect the Town’s award or award(s).

SECTION 17 – QUIET ENJOYMENT

The Tenant, observing and keeping all covenants, warranties, Leases and conditions of

this Lease on its part to be kept, shall quietly have and enjoy the Property during those

designated years of the term and subject to the conditions of this Lease.

SECTION 18 – DEFAULTS

A. In the event that Tenant fails to perform any of the covenants, conditions and agreements,

as set forth in Section 3 of this Lease, on Tenant’s part to be kept or performed, and continues

22

such failure without curing the same for a period of thirty (30) days of such failure, and provided

Tenant shall not cure said failure as provided in Paragraph B of this Section, then the Tenant

shall be in default of this Lease and the Town shall have those rights set forth in Paragraph C

hereof.

B. In the event of a default of such a nature that it cannot be cured within such thirty (30)

day period then such default shall not be deemed to continue so long as the Tenant proceeds to

cure the default as soon as reasonably possible and continues to take all steps necessary to

complete the same within a period of time which, under all prevailing circumstances, shall be

reasonable. No default shall be deemed to continue so long as the Tenant shall be so proceeding

to cure the same in good faith or be delayed or prevented from curing the same by fault of the

Town.

C. In the case of any event of default as hereinbefore provided, the Town shall have the

immediate right of re-entry and may remove all persons and property from the Property by

summary proceedings. In addition, in the event of default (whether or not Town shall elect or re-

enter or take possession pursuant to legal proceedings or pursuant to any notice provided for by

Law), the Town shall have the right, at its option, to terminate this Lease on thirty (30) days

notice to Tenant. Should the Town at any time terminate this Lease for any breach, all costs

incurred including the cost of recovering the Property, and reasonable attorney’s fees, shall be

immediately due and payable from the Tenant to the Town. In the event of a breach or threatened

breach by the Tenant of any of its obligations under this Lease, the Town shall also have the

right to appropriate injunctive relief. The rights and remedies, whether herein or anywhere else in

this Lease provided shall be cumulative and the exercise of any one shall not preclude the

exercise or act as a waiver of any other right or remedy of the Town hereunder, or which may be

existing at law or in equity or by statute.

SECTION 19 – WAIVERS

Failure of the Town or the Tenant to complain of any act or omission on the part of the

other party no matter how long the same may continue, shall not be deemed to be a waiver by

said party of any of its rights hereunder. No waiver by the Town or Tenant at any time, express

23

or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of

any other provision of this Lease or a consent to any subsequent breach of the same or any other

provision. No acceptance by the Town of any partial payment shall constitute an accord or

satisfaction but shall only be deemed a part payment on account.

SECTION 20 – GOVERNING LAW

This Lease and the performance thereof shall be governed, interpreted, construed and

regulated by the Laws and Constitution of the Commonwealth of Massachusetts. Use of the

Property under this Lease shall be only for those purposes for which the Town acquired the

Property.

SECTION 21 – SEVERABILITY

If any term, covenant, condition or provision of this Lease or application thereof to any

person or circumstance shall, at any time or to any extent, be invalid or enforceable, the

remainder of this Lease or the application of such term or provisions to persons or circumstances

other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and

each term, covenant, condition and provision of this Lease shall be valid and enforced to the

fullest extent permitted by law.

SECTION 22 – INTERPRETATION

The section headings used herein are for reference and convenience only and shall not

enter into the interpretation hereof. This Lease may be executed in several counterparts, each of

which shall be an original, but all of which shall constitute one and the same instrument.

SECTION 23 – ENTIRE AGREEMENT

No oral statement or prior written matter shall have any force or effect. The Tenant

agrees that it is not relying on any representations or agreement other than those contained in this

Lease. This Lease shall not be modified or cancelled except by a writing executed by both

parties. Except as otherwise expressly provided herein, the covenants, conditions and agreements

24

contained in this Lease shall bind and inure to the benefit of the Town and Tenant and their

respective heirs, successors, administrators and assigns.

SECTION 24 – BINDING EFFECT

All covenants, agreements, conditions, and undertakings in this Lease shall extend to and

be binding upon the legal representatives, successors, and assigns of the respective parties hereto,

and the same as if they were in every case named and expressed.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the

date and year first written above.

TENANT: TOWN:

Town Administrator/ Asst. Town Administrator Update Non-Retail Marijuana Establishment Amendments Requested by: Town Administrator Action Sought: Approval

Proposed Motion(s)

Discussion Dependent.


Included within the Board’s packet is a request from a party interested in meeting with the Select Board to discuss entering in to a Host Community Agreement for a marijuana cultivation business. The web form submission is attached. Also included is the Non-Retail Marijuana Review Process document that the Board prepared to guide the Town’s review of interested companies in locating marijuana establishments within the town. The document references the RFP advertisement process and a deadline of April 26, 2019 for submission of Request for Interest. Since this process has already occurred, subsequent discussions have occurred with companies on a rolling basis. Staff is seeking input form the Board in updating the process for considering additional marijuana establishments so that guidance documents can be properly updated reflecting the direction of the Board.

Board Action


6D Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

12/17/2020 Submission #12

https://www.littletonma.org/print/149403/submission/21261 1/1

Published on Littleton MA (https://www.littletonma.org)

Home > Marijuana License Information Request Form > Webform results > Submission #12

Submission information

Form: Marijuana License Information Request Form [1]

Submitted by Anonymous (not verified)November 19, 2020 - 3:22pm2603:3005:4943:0:1c2a:ad6a:94eb:7b4c

DateNovember 19, 2020

NameDavid Sterrett, Esq.

Company NameSezas, LLC

Business Phone Number

Cell Phone Number617-678-8552

[email protected]

Mailing Address100 Cambridge Street, Ste 1400 Boston, MA 02114

Business InterestCultivator

Property Considered537 Great Road

Request/CommentsPlease contact me regarding the process for requesting a host community agreement with the Town.

Source URL: https://www.littletonma.org/node/149403/submission/21261

Links [1] https://www.littletonma.org/board-selectmen/webforms/marijuana-license-information-request-form

https://www.littletonma.org/

https://www.littletonma.org/

https://www.littletonma.org/board-selectmen/webforms/marijuana-license-information-request-form

https://www.littletonma.org/node/149403/webform-results

https://www.littletonma.org/board-selectmen/webforms/marijuana-license-information-request-form

Town of Littleton, Marijuana Task Force Recommendations 1

Town of Littleton, Massachusetts Non-Retail Marijuana Establishment Review Process

Background and Process

The Commonwealth of Massachusetts has recently authorized the legal cultivation, processing and sale of adult-use marijuana. A statewide regulatory and permitting program has been adopted, and adult-use marijuana establishments are already operating within the Commonwealth. Marijuana establishments are classified as follows: Marijuana Retailer, Craft Marijuana Cooperative, Cultivator, Micro-Business, Product Manufacturer, Research Facility, Testing Laboratory, and Transporter.

Pursuant to the Massachusetts statute that governs adult-use marijuana M.G.L. c.94G the Town of Littleton (“Town”) adopted a Zoning Bylaw 173-194 through 172-202 that regulates the newly authorized marijuana uses at its May 7, 2018 Annual Town Meeting. At the May 7, 2018, Annual Town Meeting, the Town adopted a Zoning Bylaw that regulates the newly authorized marijuana uses.

The state statute further provides that any Marijuana Establishment seeking to operate within the Town must execute a Host Community Agreement with the Board of Selectmen. M.G.L. c.94G, §3(d). Pursuant to Section 173-198.C.a of the Zoning Bylaw, this Host Community Agreement must be completed before a prospective Marijuana Establishment applies for a special permit from the Planning Board. Therefore, execution of an agreement with the Board of Selectmen is the first local regulatory step toward establishment of a Non- Retail Marijuana Establishment in the Town of Littleton.

To the extent that the Board of Selectmen will be called upon to negotiate Host Community Agreements with prospective Non-Retail Marijuana Establishments, the Board wishes to proactively identify the field of interested parties, and to narrow that field to only the most qualified and responsible applicants. The Board of Selectmen further wishes to ensure that the sites most suited for this new use are allowed to move forward with permitting. Finally, the Board of Selectmen specifically wishes to avoid a scenario where superior applicants and/or locations within Town are prevented from siting in Town by the earlier arrival of less qualified retailers and/or less attractive locations. Accordingly, in order to provide for the most orderly and beneficial review of all applicants and sites contemporaneously, the Board of Selectmen hereby announces the following process for its interaction with prospective Non-Retail Marijuana Establishments seeking to locate in the Town of Littleton:

1. Applicants review Town of Littleton Request for Interest (RFI). 2. Applicants complete RFI and submit it back to the Town. Completed RFIs will be

accepted for submission as of April 26, 2019. 3. Completed RFIs are reviewed by the Task Force or Board of Selectmen, as the Board

of Selectmen may determine in its discretion. The Board of Selectmen may review and respond to completed RFIs on a rolling basis as they are received. Selected Applicants will be invited for an interview with the Task Force or the Board of Selectmen.


4. Finalists from the interview process will be invited to proceed and meet with the Board of Selectmen.

5. Board of Selectmen may meet applicants and vote to begin Host Community Agreement (HCA) negotiations with up to two finalists within fourteen days (14) from the date of the last interview (if schedule permits).

6. HCA negotiations will be conducted during a meeting with the Board of Selectmen, or with its authorized representatives or delegees.

7. If HCA negotiation is successful between the Town and the Applicant and an HCA is executed, the Town will provide a Host Community Agreement Certification Form to the Applicant from the Town (which is needed to apply to the Cannabis Control Commission). This letter will be provided within fourteen (14) days from date of agreement.

8. Provided that the Applicant has held its Community Outreach Meeting, the Applicant may then apply for a license from the CCC and the special permit from the Planning Board.

The Board of Selectmen invites interested Non-Retail Marijuana Establishments to submit their qualifications and detailed proposals for siting and operation within the Town of Littleton. This is not a binding Request for Proposals (“RFP”), but an invitation for interested parties to submit a Non-Retail Marijuana Establishment plan to the Town. The Town recommends that all applicants refer to 935 CMR 500.105: GENERAL OPERATIONAL REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS; 935 CMR 500.110: SECURITY REQUIREMENTS

FOR MARIJUANA ESTABLISHMENTS; and 935 CMR 500.140: ADDITIONAL OPERATIONAL REQUIREMENTS FOR RETAIL SALE.

The Town will use the RFI submittals to gauge interest in potential applicants for the operation of Non-Retail Marijuana Establishments. Following analysis of the RFI submittals, the Town reserves the right to engage in negotiations with one or more respondents to this RFI. All submitted responses must involve a specific site within Town, and must include, at a minimum, the following information:

a. Documentation of business registration, Articles of Incorporation and Certificate of Good Standing from the Commonwealth of Massachusetts Office of the Secretary of State. b. Cover letter 1-2 pages in length summarizing the proposal and the benefits of having the Applicant operate in the Town of Littleton at the identified location. Include key contact(s) name, phone, email and address for Applicant(s). Economic Empowerment Applicants are encouraged to self-identify. c. Resumes for every manager, director or officer of the Applicant as well as individuals contributing all capital to the operation. d. Statement of the Applicant’s Qualifications to operate the proposed use, including prior experience in operating a Non-Retail Marijuana Establishments if any. e. Completed Criminal Offender Record Information (CORI). Acknowledgement Forms for every manager, director, officer or investor of the Applicant accompanied by a payment of $50 per form, payable to the Commonwealth of Massachusetts in money order, or bank issued Cashier or Treasurer’s check. f. Location of the proposed site and evidence of site control. g. Applicant’s Business Plan including proposed timeline and development plan.


h. Financial records or letter of financing demonstrating capitalization or investment sufficient to ensure the Applicant’s solvency and successful operation over the long term. Financials should account for a 3% local impact fee for at least the first five years of operation. i. Plan for maintaining marijuana product supply for operations, if applicable. j. Floor plans, showing both the overall square footage of the proposed Non-Retail Marijuana Establishment, and the estimated area to be devoted to the various aspects of that use (i.e. sales floor, storage, etc.) k. Management and site plan, including days and hours of operation. l. Applicant’s Security Plan as approved by Chief Security Officer. The Plan should address the safety of all individuals engaging at the site, the site, and the currency and product, as well as coordination with Town Police Department. Identify your Security Consultant. (plan will not be publicly available) m. Description of proposed capital improvements, structural changes and modifications, and signage that the Applicant proposes at the site. n. Conceptual Site Plan and evidence that site meets Town zoning requirements for proposed establishment. o. Parking plan. All applicants must submit a parking plan that meets the parking and loading requirements found in the Town of Littleton Zoning By-laws Article VII § 173-32. p. Traffic plan prepared by a licensed or certified traffic engineering firm or consultant that addresses, among other things, accessibility from highways and major thoroughfares, anticipated traffic impacts and a plan for mitigating those traffic impacts. Notwithstanding the foregoing, an applicant may elect to submit a response without a traffic plan, subject to the risk that those reviewing the response may subsequently determine that this information would have been important to their evaluation of the proposal. q. Plans for external nuisance mitigation (light, noise, emissions, odor, debris, solid waste disposal) r. Plan to create positive community impacts in the Town.

Application Review

The Board intends to review responses based in part on the following criteria including compliance with 935 CMR 500.105: GENERAL OPERATIONAL REQUIREMENTS FOR MARIJUANA ESTABLISHMENTS; 935 CMR 500.110: SECURITY REQUIREMENTS FOR MARIJUANA

ESTABLISHMENTS; and 935 CMR 500.140: ADDITIONAL OPERATIONAL REQUIREMENTS FOR RETAIL SALE.

1. Demonstrated direct experience in the cannabis industry or a similar industry; 2. Evidence managers, directors, officers, investors, and others related to the

establishment are free of any disqualifying criminal convictions; 3. Compatibility of the proposed location and use with adjacent neighborhood(s) and

use(s); 4. Minimal traffic, parking, or other adverse impacts on the Town and appropriate

mitigation for any impacts that may be found to exist; 5. Security plan that meets or exceeds State standards; and


6. Business plan, financial records, and other documentation demonstrating strong capitalization and likelihood of successful operation over the long term.

Each responder should address why its proposal should be selected over others.

Preference may be given to local applicants.1 All those interested in establishing a Non- Retail Marijuana Establishment within the Town of Littleton should submit ten (10) copies of their detailed written proposals to the Selectmen/Town Administrator’s office, 37 Shattuck Street, Littleton, MA 01460.

Other Municipal Requirements

To obtain a Host Community Agreement: RFI submission – RFI acceptance –Host Community Agreement negotiation – Signed Host Community Agreement.

To obtain a Special Permit from the Planning Board:

Signed Host Community Agreement – Properly Zoned Marijuana Establishment Location – Application to the Planning Board – Planning Board Approval of Special Permit.

Multiple Steps in Final Approval Process

1 Local preference is defined as applicants from Littleton or surrounding areas.


Application to Cannabis Control Commission

Application of Intent Host Community

Agreement Community Meeting

Management and Operations Profile

Background Check

Provisional License

Final License

Municipal Approvals Planning Board

License Commission

Cannabis Control Commission Inspections

Town Administrator/ Asst. Town Administrator Update 12 Robinson Road – Disposition of Property Requested by: Town Administrator Action Sought: Discussion

Proposed Motion(s)

Discussion dependent. [Roll Call Vote]


12 Robinson Road is currently vacant. While the Town has repaired the structure and installed a new roof, Staff is looking for guidance on the future of the property. Currently, the property is being insured as a vacant building. Due to the annual cost of insuring the building, our insurance carrier is recommending the disposition of the property in order to reduce costs.

Board Action


6E Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

Town Administrator/ Asst. Town Administrator Update Couper Wellington Connector Trail – Grant Submission Authorization Requested by: Town Administrator Action Sought: Approval

Proposed Motion(s)

MOVE that the Select Board vote to support and authorize submission of an application, by the Director of Public Works to Massachusetts Department of Transportation’s Shared Winter Streets and Spaces Grant Program for a trail improvement grant for the Couper Wellington Connector Trail (CWCT). [Roll Call Vote]


1. Memo from Chris Stoddard, DPW Director – regarding MassDot grant opportunity for

Couper Wellington Connector Trail

Board Action


6F Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

To: Anthony Ansaldi, Town Administrator From: Chris Stoddard, P.E., Director of Public Works Date: December 16, 2020 Re: MassDOT’s Shared Winter Streets and Spaces Grant Opportunity

MassDOT has allocated $10 Million for the Shared winter streets and spaces program. https://www.mass.gov/service-details/program-overview-shared-winter-streets-and-spaces-grant-program. The grant has a maximum award of $300,000 with an application deadline of January 5th with an award date of February 2nd. The timeline for completion of the project if awarded is May 31, 2021.

The Highway department reached out to Elizabeth Biskar from MassDOT to discuss projects to determine a viable candidate. Based on Elizabeth’s feedback and discussions with the conservation commission and the BPAC representative (Ann Grace) we feel an appropriate project to submit for this grant application would be the construction/improvement of the Bike/Ped trail from great road to Wellington Drive, known as the Couper Wellington Connector Trail (CWCT). The project would consist of installing a culvert structure over the intermittent stream, and creating a paved 10’ path. It is our intention to utilize Highway department staff to complete the construction and hire a paving contractor to place the pavement.

Please do not hesitate to contact me with any questions or concerns regarding this information.

TOWN OF LITTLETON HIGHWAY DEPARTMENT

39 AYER ROAD, P.O. BOX 1305 LITTLETON, MASSACHUSETTS 01460

(978) 540-2670

https://www.mass.gov/service-details/program-overview-shared-winter-streets-and-spaces-grant-program

https://www.mass.gov/service-details/program-overview-shared-winter-streets-and-spaces-grant-program

Town Administrator/ Asst. Town Administrator Update Select Board Meeting Schedule Requested by: Town Administrator Action Sought: Discussion Dependent / Approval

Proposed Motion(s)

Select Board Meeting Schedule – MOVE that the Board vote to schedule regular meetings on January 11th and 25th, February 8th and 22nd, March 8th and 22nd, and April 12th and 26th, 2021. [Roll Call Vote]


Select Board Meeting Schedule – The Board has meetings scheduled meetings through September 28th. The following regular meetings are proposed following a 2nd and 4th Monday schedule as follows: January 11th and 25th, February 8th and 22nd, March 8th and 22nd, and April 12th and 26th, 2021. Additional Meetings are anticipated during the budget and Town Meeting process and will be reviewed with the Board.

Board Action


6G Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

Town Administrator/ Asst. Town Administrator Update Local Rapid Recovery Planning Grant Submission Authorization Requested by: Town Administrator Action Sought: Discussion Dependent / Approval

Proposed Motion(s)

MOVE that the Select Board vote to support and authorize submission of the Local Rapid Recovery Planning Grant for the development of a Shop Local Littleton program. [Roll Call Vote]


Local Rapid Recovery Planning Grant – The Board’s authorization to submit an application to the Department of Housing and Community Development’s Local Rapid Recovery Planning Assistance grant program. This grant opportunity was announced a few weeks ago and we are proposing to apply for the development of a shop local campaign for Littleton. The web-based application form is attached. Should we be selected, we will be partnered with a consultant to provide direct consultant services.

Board Action


6H Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

Form Name: Local Rapid Recovery Planning ApplicationSubmission Time: December 18, 2020 12:45 pmBrowser: Chrome 87.0.4280.88 / WindowsIP Address: 98.118.126.226Unique ID: 729183403Location:

Local Rapid Recovery Planning Application

1. Community Name Littleton

2.Is this a Group Application from morethan one community?

No

3.Indicate your local Regional PlanningAgency (choose only one)

MAPC: Metropolitan Area Regional Planning Council

4. What is the Community’s populationsize, based on the 2019 US Censuspopulation estimate? If you do notknow your community’s 2019population estimate, refer to chartposted on the Mass Downtown Initiativeweb page.

7,000 to 24,999

5. Upload a map of the proposed StudyArea or Areas. The map should showthe geographic boundaries of the Node,Corridor, Town Center or CommercialArea that will be the focus of theplanning effort.

https://www.formstack.com/admin/download/file/9600749758

6.Provide your best estimate of thenumber of businesses currentlyoperating in the proposed Study Area orAreas. If multiple Study Areas areproposed, please include your bestestimate of the number of businesses ineach individual Study Area.

We anticipate that there are approximately 75 businesses that are withinthe Littleton Common Area

7.a. What is your top priority SHORTTERM challenge created in yourcommunity(ies) because of COVID-19that your Local Recovery Planningprocess will address?

Businesses in the Littleton Common area relied on a large corpoirate officepopulation for income. With businesses such as IBM going remote, smallbusinesses have experienced loss of revenue. To support thesebusinesses, we want to raise awareness and encourage shopping locally.

7.b. What is your second prioritySHORT TERM challenge created in yourcommunity(ies) because of COVID-19that your Local Recovery Planningprocess will address?

The loss of revenue of local bysinesses has also lead to employeesreducing staff. Local businesses provide local jobs for teens, seniors andpeople needing part time work.


7.c. What is your third priority SHORTTERM challenge created in yourcommunity(ies) because of COVID-19that your Local Recovery Planningprocess will address?

Local businesses have been forces to reduce hours or to close that ourseniors rely on. With out local services, residents, specifically seniors needto travel more for goods and services they could receive in Littleton.

8.a. What is your top priority MEDIUMor LONG TERM challenge created inyour community(ies) because ofCOVID-19 that your Local RecoveryPlanning process will address?

Loss of business will impact redevelopment projects that are planned forthe Littleton Common Area. We are taking steps to implementrecommendations of our Master Plan and prior to COVID-19 we were working with local businesses to reinvest in their properties. COVID-19 willimpact these redevelopment plans.

8.b. What is your second priorityMEDIUM or LONG TERM challengecreated in your community(ies) becauseof COVID-19 that your Local RecoveryPlanning process will address?

Loss of municipal revenue is a challenge that the Town will face looking atFiscal Year 2022. With loss of local businesses, we are seeing a reductionin revenue being collected.

8.c. What is your third priority MEDIUMor LONG TERM challenge created inyour community(ies) because ofCOVID-19 that your Local RecoveryPlanning process will address?

The loss of local businesses will increase automobile use as residentstravel more to purchase goods and services. Loss of local businesses willimpacts our roads and negate improvements we have undertaken toreduce vehicular use and encourage pedestrian friendly developments.

9. Given your community size, type andarray of issues and the level of effort tocoordinate with other Municipalpartners or non-profits identify which ofthe following best describes youranticipated planning effort. This ismeant to help us match you with aconsultant and balance the expectedlevel of effort.

Single Applicant, Single Study Area - e.g. an applicant applies for a singleStudy Area within their Municipality for Rapid Response Planning

10. Community Leadership Group – Ifexisting, describe the group ofindividuals that will work on this projectand what makes it innovative oreffective in community economicdevelopment. If not yet formed, describethe plan for the group’s compositionand work.

The Littleton Town Administrator's Office will work with the EconomicDevelopment Committee and the Littleton Business Association will worktogether to develop a Shop Local Littleton campaign that will inventorybusiness and provide for mechanisms for these businesses to become partof this program.

11. Implementation – Describe theimplementation process for the plan(s)completed by this project.

With the Shop Local Littleton project, we will utilize the resulting documentsincluding but not limited to databases, narratives, and timelines to requestfunding for brochures and media publicizing a Shop Local Littletoncampaign.

12. Tell us anything else that isimportant for DHCD to understandabout your ideas for recovery planningin your community.

Our Shop Local Littleton Campaign reflects an effort to directly engagelocal businesses, to learn their story, and to publicize goods and servicesthat can be provided within town. The development of the Shop LocalLittleton will allow us to prepare material identifying the various servicesand shops within Littleton to publicize and encourage the residents ofLittleton to support.

REQUIRED INFORMATION AND SIGNATURE PAGE

13. Application Contact Name (name ofthe person filling out the application)

Joseph Laydon

14. Application Contact Email [email protected]

15. Application Contact MailingAddress

Littleton Town Administrator's Office37 Shattuck StreetLittleton, MA 01460

15.a. Application Contact Phone (978) 540-2460

17. Chief Executive Officer Name Anthony Ansaldi

18. Chief Executive Officer Email [email protected]

19. Title of Chief Executive Officer Town Administrator

20. Chief Executive Officer Phone (978) 540-2460

21. Chief Executive Officer MailingAddress

Littleton Town Administrator's Office37 Shattuck StreetLittleton, MA 01460

23. Upload Cover Page with SignatureHere



Minutes Approval Open Session Meeting of December 7, 2020. Requested by: Town Administrator Action Sought: Approval

Proposed Motion(s)

MOVE that the Board vote to approve the Regular Session meeting minutes of December 7, 2020. [Roll call vote]


Draft meeting minutes for the Open Session meeting of December 7, 2020 are attached.

Board Action


7 Littleton Select Board AGENDA ACTION REQUEST

December 21, 2020

SELECT BOARD MINUTES MONDAY, DECEMBER 7, 2020 AT 6:30 PM

ONLINE VIA ZOOM

SB Minutes 12-7-20 Public meetings may be broadcast live, streamed live, or recorded for later playback on LCTV and/or the Internet. By attending, the audience

consents to being photographed, filmed and/or otherwise recorded by LCTV. Attendees of all public meetings should be aware of Massachusetts Recording Law M.G.L. Ch. 30A, § 20 (f) if they are personally considering

recording any part of a meeting or a meeting in its entirety.

NO PUBLIC ATTENDANCE, GIVEN BUILDING CLOSURES DUE TO COVID-19 The meeting can be viewed live on LCTV or online at https://littleton.vod.castus.tv/vod

The Public may participate by joining the Zoom Meeting as follows:

https://littletonma.zoom.us/j/93857544178?pwd=R1p6U09SZjV6OFVrK1pnMEtmODZXQT09 Passcode: 714192

Or iPhone one-tap : US: +19292056099,,93857544178# or +13017158592,,93857544178#

Or Telephone: Dial(for higher quality, dial a number based on your current location):

US: +1 929 205 6099 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 6833 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 938 5754 4178

VIDEO OR CALL WILL BE MUTED UPON JOINING MEETING

PLEASE USE THE “RAISE YOUR HAND” FEATURE IN THE ZOOM MEETING TO ASK TO SPEAK

PARTICIPANTS/ATTENDEES ARE REMINDED THAT BY JOINING THIS MEETING THAT YOU CONSENT TO YOUR LIKENESS AND AUDIO BEING USED AND REBROADCAST BY LCTV

The meeting can be viewed live on LCTV or online at https://littleton.vod.castus.tv/vod

PROPOSED AGENDA

The listings of matters are those reasonably anticipated by the Chair 48 hours before said meeting, which may be discussed at the

meeting. Not all items listed may in fact be discussed. Items may be taken out of order and at times that differ from those listed below. Other items not listed may also be brought up for discussion to the extent permitted by law.

Present via Zoom Conferencing: Cindy Napoli Chair, Joe Knox, Matthew Nordhaus; Paul Glavey Clerk by phone and Zoom. Absent: Chuck DeCoste Also Present: Anthony Ansaldi, Town Administrator and Joe Laydon, Assistant T own Administrator 6:30 PM 1. Organization Pledge of Allegiance Agenda read by Cindy Napoli Read Mail – Town Administrator Anthony Ansaldi - COMCAST – Price increase for Broadcast TV and Regional Sports Network

- Green International – Engineers for MassDOT- Proposed construction improvements on Rte. 2A at Willow Road and Bruce Street; buffer barrier being installed for bikes and pedestrians; Chris Stoddard noted that everything remains the same except the shared use path on either side of the road; all signals remain the same.

6:35 PM 2. Continued Public Hearing - FY2021 Property Tax Classification Hearing per M.G.L. c. 40, §56 on allocating local property tax levy among five property classes – residential, open space, commercial, industrial and personal property

Anthony noted that the Board had previously been asked to keep the public hearing open until values were certified by the Division of Local Services, which were received on Wednesday, December 2, 2020; a copy was provided to the Board.


https://littletonma.zoom.us/j/93857544178?pwd=R1p6U09SZjV6OFVrK1pnMEtmODZXQT09



ONLINE VIA ZOOM




Joe Knox made the motion that the Select Board open the continued FY 2021 Property Tax Classification Public Hearing per MGL c. 40, §56 on allocating local property tax levy among five property classes – residential, open space, commercial, industrial, and personal property And Move that the Select Board vote to close the public hearing; Seconded by Matthew Nordhaus; Motion passed 3 to 0. Roll Call Vote: Joe Knox, Matthew Nordhaus, Cindy Napoli – Aye. (Mr. Glavey was not in attendance at this time.)

6:40 PM 3. Department/Board Updates and Requests

A. Fire Chief Scott Wodzinski 1. Approval of Purchase Order for Ambulance

The Board received an Ambulance Purchase Order for a Type 1 ambulance which was authorized by Article 15 at the October 18, 2020 Special Town Meeting.

Joe Knox made the motion that the Select Board vote to approve the Fire Department’s Ambulance

Purchase Order of $304,437 from the New England Fire Equipment & Apparatus Corporation for the purchase of a new ambulance as authorized by Article 15 of the October 8, 2020 Special Town Meeting; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Joe Knox, Matthew Nordhaus, Paul Glavey, Cindy Napoli - Aye

2. Acceptance of Gift from Digital Federal Credit Union

Chief Wodzinski noted that the $5,000 donation from the DCU would be used for smoke detectors, lock boxes, etc. for seniors; this gift has been received 3 years in a row.

Joe Knox made the motion that the Select Board vote to accept the $5,000 donation from Digital

Federal Credit Union to be used to assist the SAFE and Senior SAFE programs; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Matthew Nordhaus, Joe Knox, Paul Glavey, Cindy Napoli – Aye.

B. DPW Director Chris Stoddard – Approval of Traffic Signal Improvement Contract The Board received information supporting the selection of Dagle Electrical Construction Corporation for the Littleton High School Signal Reconstruction Contract. The bid evaluation and recommendation of award conducted by Green International was included in the packet material. Joe Knox made the motion that the Select Board vote to award Dagle Electrical Construction Corporation of Wilmington, MA the Littleton High School Signal Reconstruction Contract in the amount of $183,183 and to authorize the Town Administrator to sign the contract; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Joe Knox, Paul Glavey, Matthew Nordhaus, Cindy Napoli – Aye


ONLINE VIA ZOOM




C. Town Administrator Anthony Ansaldi – Acceptance of Gift from Digital Federal Credit Union

The Littleton Police Department has received a $5,000 gift from Digital Federal Credit Union. The letter from Digital Federal Credit Union and a memo from Police Chief Pinard were included in the packet. Examples of Community Policing efforts include Coffee with a Cop, Veterans Breakfast, Senior Luncheon, Bicycle Patrols, and Littleton Open House. Joe Knox made the motion that the Select Board vote to accept the $5,000 donation from Digital Federal Credit Union to be used to augment the future costs of Community Policing efforts; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Joe Knox, Matthew Nordhaus, Paul Glavey, Cindy Napoli – Aye. D. EHS Director Ashley Shaheen - Acceptance of Gifts

1. John C. Morrison and Eunice B. Morrison Charitable Foundation 2. Kristen Grimes Ashley noted that both donations are to be applied to the TREAD Gift account; she noted that there

is information on the town website regarding how to apply for tax relief, typically July and August enrollment with the deadline at the end of September for relief on the spring tax bill.

Paul Glavey noted that the Nagog Hill Orchards were originally owned by the Morrisons, who

made it easy for the town to purchase the property; Mr. Morrison was a former member of the Planning Board and the Board of Appeals.

Joe Knox made the motion that the Board vote to accept the $2,500 donation from the John C.

Morrison and Eunice B. Morrison Charitable Foundation to the TREAD Gift Account and to accept the $1,537.37 donation from Kristen Grimes for Tax Relief for Elders and the Disabled; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Joe Knox, Matthew Nordhaus, Paul Glavey, Cindy Napoli – Aye.

E. Town Planner Maren Toohill

1. Webber Village Local Action Units Application to DHCD The Board received a memo from Maren Toohill, requesting the Board’s signature on the DHCD

application for two (2) “Local Action Units; Additional local action unit materials are included. A lottery agent has been hired by the developer who prepared the application to DHCD; Littleton’s

Affordable Housing Trust prepared the local preference memo. Joe Knox made the motion that the Board vote to sign the Town’s application to DHCD for two

Webber Village Local Action Units; Seconded by Matthew Nordhaus; Motion passed 3 to 0. Roll Call Vote: Joe Knox, Matthew Nordhaus, Cindy Napoli – Aye. Paul Glavey abstained from the vote.

2. Vote to Sign Housing Choice Grant – Hager Homestead

Email from Maren Toohill was provided regarding Hager Homestead Housing Choice;


ONLINE VIA ZOOM




Grant of $250K is to cover water and sewer connections and trail connections; there will be 10 affordable housing units; 24 units in total.

Joe Knox made the motion that the Board vote to sign the Hager Homestead Housing Choice Grant; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Joe Knox, Matthew Nordhaus, Paul Glavey, Cindy Napoli – Aye.

6:55 PM 4. Public Input/Members’ Updates

Joe Knox – noted that “Toys for Tots” collection will be held on Saturday, December 12, 2020 from 1 to 3PM at the Littleton Police Station Paul Glavey – progress has been made in bringing an RFP proposal to the Board to re-offer the Nagog Hill Orchard management as advised by Town Counsel Noted the passing of longtime resident Carolyn Webster who has been deeply involved with the town.

Cindy Napoli – Littleton Affordable Housing Trust has an emergency rental program that is available and those interested should contact Elder and Human Services or the Town Administrator. Master Plan Implementation Committee – Cindy, who is Chair, noted they are putting together achievements as well establishing goals. Noted the “Toys for Tots” is a drive through event with state Rep. James Arciero in attendance and is in support of the Lowell Santa Fund Park & Recreations’ Holiday Helpers Wish List is on line this year; monetary gifts will be accepted in addition to choosing gifts from the wish list on their web site. LELWD will be holding a Zoom public sewer forum on Tuesday, December 15, 2020 at 7PM; will be televised on Comcast Channel 8 and Verizon Channel 38. Cindy noted that several of Littleton’s events were held virtually due to the pandemic – Holiday Bazaar and Christmas Tree lighting; thanked LCTV for the work done –Mark Crory, Judy Reid and Kirby Dolak as well as Jim Barisano, Dave Banks, Dorothy Mulone, Dave Lizzotte of LELWD, Judy Grande, and Steve Glines

7:03 PM 5. Select Board Discussion:

A. Resident Discussion of Sudbury Valley Trustees Herbicide Spraying 1. SVT Letter and map – Included in the Board’s packet is a letter and map submitted by SVT

regarding herbicide use for the removal of oriental bittersweet.

Joe Laydon noted the opposition from some residents of spraying on conservation land at 119 Whitcomb Ave.; Paul Glavey indicated that he would abstain from the discussion because he was involved with other SVT projects.

SB Minutes 12-7-20 Public meetings may be broadcast live, streamed live, or recorded for later playback on LCTV and/or the Internet. By attending, the

audience consents to being photographed, filmed and/or otherwise recorded by LCTV. Attendees of all public meetings should be aware of Massachusetts Recording Law M.G.L. Ch. 30A, § 20 (f) if they are personally

considering recording any part of a meeting or a meeting in its entirety.

Lisa Vernegaard, Exec. Dir. of Sudbury Valley Trustees (SVT), noted the SVT protects 36 natural areas in Metro West for wildlife and animals, with science based management; indicated that Asian bittersweet is invasive and overtakes native plants; digging out the bittersweet is not practical; they are taking a targeted use to remove the species with mechanical and a limited amount of herbicides; targeted area has been reduced from 22 acres to 11. Kaedra Walsh, representing Beaver Brook Watershed Association provided a presentation - spraying ignores the current chemical footprint of the property and does not address long term effects and the spraying is hazardous to pollinators; although there would be a 50’ buffer, the Conservation Commission denied use of chemicals anywhere in their jurisdiction and asked buffer be extended; land slopes downward to Beaverbrook impacting water and resident wells; felt there were risks of spray chemicals affecting area plants and wetlands. EPA has recommended a 1000’ buffer for Triclopyr. Metsulfuron methyl can reach surface water weeks after application; rainbow trout are 100 more times sensitive then sunfish; it is an indirect neurotoxicant and is prohibited in California; numerous MA towns have either banned or restricted use of synthetic chemicals on public lands or watershed areas.

It is recommended that SVT not spray, wait until release of EPA review in 2021 and have a test site of ¼ acre with third party testing using “cut and dab”. Laura Mattei, SVT Director of Stewardship, responded that looking at the upcoming EPA results is a good idea but referred to a study in Eastham using the herbicides mentioned, concluded that the rate of application and method of herbicides used would not cause harm to human/aquatic wildlife; feels the risk to invertebrates is low and would not affect bees as the bittersweet is not a flowering plant; herbicide would be applied directly to the ground with a handheld wand using backpack sprayer. She stated that the bittersweet vines cover over 22 acres and has been developing over the past 20 years with expansive root system; does not believe mechanical work is feasible and is not guaranteed to work; soil would have to be dug 1’ deep, disturbing the ecosystem. One third-party management corporation gave an estimate for mechanical removal only of $26K for 4.5 acres; another company in VT went down 8” in 1 acre but caused vigorous re-growth and herbicides were finally used. Goat grazing would cost $600 per 1/3 acre. Laura does not feel waiting for the 2021 EPA review would be sensible for SVT and did not feel testing was necessary. Lisa reiterated that the SVT wants to restore the Smith property; federal funding would not cover mechanical work but SVT wants to do what is right and effective in removing the bittersweet; funding is immaterial. Joe Laydon read a letter from Corey Godfrey, Littleton Water Department Superintendent, indicating that based on information received from the USDA, LWD does not expect the proposed application of Triclopyr at the Smith Property to have any effect on drinking water. No comments were received from either the Conservation Commission or the Board of Health. Joe Knox asked for some clarification of the maps which Lisa provided, indicating area of herbicide. Matthew indicated the he had read emails or spoken to concerned residents/abutters, attended a ConsCom meeting where SVT had presented, but felt that SVT has always been very




responsive to previous issues; would request that SVT hold off spraying for a couple of months until results have been received from the EPA; Joe Knox agreed with Matthew’s comments as did Cindy, wanting to find the best course of action. Lisa said the SVT would consider the request to wait until 2021, discuss with the SVT Board and provide a response this week. -John Scanlon, Habitat Program Supervisor for Mass Wildlife – shares all concerns expressed this evening; felt it is possible to have effective manual control of invasive plants on a small scale, but has not seen any reviews/report on effective large scale successes in controlling invasive plants on conservation lands. John indicated that Mass Wildlife uses herbicides to control invasive plants and restore habitats; would not do it if there was a viable alternative; said he supports SVT while respecting the concerns of the abutters. -Robert Stevens, Moore Lane resident – asked if SVT will start applying the chemical to the property in 2 days, December 9, 2020, as originally planned; Lisa Vernegaard, SVT, responded that they had agreed to take the Select Board’s request under consideration and are holding off on any work or spray applications without first notifying the Select Board of their response as well as anyone on an email listing. Mr. Steven indicated that a lot of the abutters have wells that are only 10’ below ground surface, with the water level coming almost to the service. Laura Mattie asked for clarification saying that she understood the Board to be asking for no spray applications until the report came out. Cindy asked Matthew to restate his request; Matthew said that he would prefer that there be no applications until things have been sorted. Lisa reiterated again that SVT will not proceed with the use of herbicides until they have responded to the Board’s request which will be shared. -Kristen Ferrante, Whitcomb Ave. –is an abutter and feels that SVT has dismissed her concerns about the spray drift to her home day care; her water table is quite shallow; feels that the health and wellbeing of the children she cares for should not take on the risk so that oriental bittersweet can be controlled in one small portion of land. Laura stated that the SVT had added a 50’ buffer to the boundary as well as an additional water buffer and noted the application is very targeted to the plants.

Cindy thanked the SVT for their presentation and confirmed with Lisa that the Select Board would receive a response no later than the end of this week. 2. Concerned Resident Emails re: Sudbury Valley Trustees (SVT) Herbicide Spraying on Smith Property – Included in the Board’s packet were emails regarding the proposed use of herbicides on land owned by the Sudbury Valley Trustees along Whitcomb Ave. Emails were received by Kaedra Walsh, Sandy Murray, Cheryl Hardi-Faraci, Joe and Judy Gallagher, and Tess Degen in opposition to the spraying of the chemical herbicide triclopyr for removal of oriental bittersweet. A presentation was also included. 3. Support Letter from Don MacIver regarding SVT proposal for Herbicide Spraying on Smith Property. 4. LWD Comments regarding the SVT proposal. 5. SVT request to reschedule the Select Board meeting to 12/7 B. Discussion of Transition of Assistant Town Administrator and Director of Public Works

to Contract Employees Cindy noted that both positions are at a certain grade level, although they are not considered contract employees by the town. As SB representative on the Personnel Board, Paul indicated




that they have not had any discussions, but noted that it is the Board’s determination of department heads for employees to enter into contract; discussion may be needed with Town Counsel but he does not feel there is any by-law/statute which limits the SB; some employees are covered by union contract as well as the steps/grades used. He feels there is a lot of clean up needed on the language of the town’s by-laws and policies; feels both positions should be on a level with other department heads. Matthew asked if there was any reason the two positions had not been contracted before; Anthony responded that initially both positions were a yearly contract; by MA general law the Fire Chief, Police Chief, Town Accountant and Town Administrator positions were allowed to have a 3-year contract; will speak with Town Counsel for advice on making the two positions multi-year.

C. Select Board Retreat Anthony noted that there are some proposed facilitators, but because of the pandemic the retreat would have to be done virtually at this time. Cindy and Joe expressed their desire to be in the same room and would like to wait; Paul agreed but suggested a possible interim retreat on Zoom. Cindy suggested an informal Zoom retreat without a facilitator after the beginning of the year to begin initial discussions and in-person retreat in the future. Matthew suggested a facilitator might have ideas on how to have an effective virtual session; Anthony noted that some towns have opted out of the in-person retreats but he will look into a facilitator for Zoom retreat. D. Select Board Liaison Updates/ Discussion of Funding Cindy disused a memo from Cheryl Herrick-Stella asking for the Select Board’s budget request, hoping to have it earlier in the budget process. She noted that Board members are liaisons to various town committees/boards and should begin to think about any requests that may be needed for consideration during the budget process and for any funding requests regarding specific SB goals. Paul Glavey suggested that all members send email to Anthony with any suggestions/requests and have the information in advance of an agenda item for discussion; Cindy agreed and asked the Board to follow up with Anthony with emails.

E. Review of Select Board Goals Paul suggested that after each of the Board members meet with Anthony individually and the discussion with reviews and updates should be held at a Board meeting. Matthew agreed. Matthew noted that at a previous Board meeting it was mentioned that Pine Tree Park was approved by the state for a new septic system; a suggestion was made to hook into the town’s system. Paul said he was not sure who made the suggestion, but the manager of the Park indicated that she had spoken to the town previously about connecting to the town but was told that it was not feasible. Anthony indicated he would like to discuss the situation with Matthew. Joe requested that Anthony re-send the Board’s goals.

F. CARES Act Funding Update Included in the Board’s packet was a memo prepared by Director of Finance and Budget Cheryl Stella regarding CARES expenditures. Anthony noted that Littleton received a total of $902,926 in funding with a remaining balance of $386,922 after reimbursements; funding expires on December 30, 2020. He suggested ways to




spend some of the balance including a keyless entry system, Human Resources Office room 307 reconstruction, electronic voting, an electronic sign board as the town has only 1 being used at the transfer station, air purifiers for town hall, and impending legal fees that could be covered under the Cares Act, for a potential total of $87,602.55. Cindy asked if any improvements could be done in room 103 or the multi-purpose room; Anthony noted that any other items would have to fall under the Cares Act and be COVID related; he will have further discussions to spend down the balance. Paul suggested contacting departments again to get some feedback on possible items; suggested discussing electronic voting with the Town Moderator Tim Goddard. Matthew Nordhaus felt that electronic voting should be a top priority, suggested possible keyless entry to all town buildings and possible purchase of items for outdoor town meetings. Anthony noted that it would be about $100K to do all town doors with work completion by Dec. 30. Anthony and Joe will be holding staff meeting tomorrow morning and will ask for suggestions. Cindy asked about preserving files and going paperless, possible purchase of scanners; Anthony will look into it, possibly just purchasing software is between $15Kto $20K. Anthony provided a diagram of the proposed HR office with rolling filling cabinets which take up less room. Cindy suggested some storage systems in one of the EHS room; Anthony noted that it would have to be pre-fab and he will discuss with Ashley. G. Affordable Housing Update Cindy gave an informational presentation with a summary of housing needs in Littleton which was prepared by Metrowest Collaborative Development; information provided were findings, housing stock, housing vs. income, senior sell off, and a recap. The conclusion is that Littleton’s housing stock is out of balance, there are limited or no housing options for people who provide essential services to the town and a majority of households in Littleton are considered low income and eligible for housing at 80% AMI or less. The goal of the Master Plan is to create more reasonably priced rental housing to attract young workers, small families or older householders, allowing seniors to downsize and free up existing single family homes; diversify housing. Joe said the report was great, but noted that several years ago when the town wanted 1 acre zoning and family houses; only recently it was discovered the town was going in the wrong direction; housing is an ongoing problem. Paul also noted that Cindy’s report was very informational, but felt the issues were still the same, but now there is a community recognition that the situation needs to be addressed along with other town priorities; limited resources are money, land and regulations; need to identify sites that can be used for housing. Matthew noted that the COA has a sub-committee who has set their vision of senior housing and are creating a survey for input by seniors; he is optimistic for the future needs. H. Scheduling of Department and Committee Budget Meetings A schedule of joint meetings to be held in January and February 2020 between the Finance Committee, the Select Board and departments was presented; Paul noted that the meetings should have happened in September, but due to COVID and personnel issues they were not and this scheduling should not be the norm. Anthony noted that these meetings are part of the budget process and were done the same way last year; anticipates remote meetings due to the pandemic. Both Cindy and Paul felt that last year’s meetings went well, but Paul would have liked to have been engaged earlier in the year; Cindy agreed so that the Board would not be caught off guard with requests for funding.




I. Confirmation of Waivers of License Renewal Fees

Joe Laydon noted that at the November 23,2020 Select Board meeting, the motion noted some classes of licenses which were questioned. The recommendation is to affirm the November 23, 2020 vote and vote on the waiving of additional licenses, all totaling $51K. Joe noted that Class I & II licenses, Lodging House and 2nd Hand Goods licenses were not discussed previously; Paul agreed, however, felt that it is in the interest of the town to help the businesses.

Paul Glavey the motion that the Board affirm its vote of November 23, 2020 to waive the fees for all on premises and off-premises alcohol, common victualler, entertainment, and auto amusement licenses for Calendar Year 2021 And move that the Board vote to waive fees for Class I & II Auto Licenses, Lodging House, and Valuable 2nd Hand Goods licenses for Calendar Year 2021; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Joe Knox, Matthew Nordhaus, Paul Glavey, Cindy Napoli – Aye.

9:20 PM 6. Annual License Renewals for 2020 – Alcoholic Beverages – M.G.L. c. 138 Class I and II, Common Victuallers, Automatic Amusement Devices, Entertainment, Lodging House, and Valuable Second Hand Item licenses The following were provided to the Board: 1. List of all licenses. 2. Comments from Police Chief Pinard – no issue with renewals. 3. Building and Board of Health inspections are still on-going. Anthony Amsaldi will do a final review; no license certificates will be issued to any

businesses that have not submitted required forms, satisfactorily completed required inspections, and made any required payments. Paul Glavey and Cindy acknowledged and thanked Executive Administrator Dianne Dickerson for the work performed on the information provided.

Paul Glavey made the motion that the Select Board vote to approve the annual renewal of all

licenses, as attached, for calendar year 2021; license issuance contingent upon satisfactory inspections and submission of all required documents, fees and payments of municipal charges; to be reviewed by Town Administrator; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Joe Knox, Matthew Nordhaus, Paul Glavey, Cindy Napoli – Aye.

9:25 PM 7. Town Administrator/ Assistant Town Administrator Updates

A. Building Department Staffing Request – Local Inspector Included in the Board’s Packet is the request of the Building Commissioner to fill the current vacancy in the Building Department with a Local Inspector; job description was previously approved by the Select Board and Personnel Board; no changes in job description and no budgetary impact as the position is graded the same as the vacant Assistant Zoning Officer/Permit Coordinator/Business Administrator position.




Cindy said she would like to look at the Building Department to see if reorganization was necessary. Paul noted that there is a need for oversight and consolidation; need to be looked at formally. Matthew suggested a sub-committee to review and Paul agreed. Topic will be revisited. Paul Glavey made the motion that the Select Board support the hiring of a Local Inspector as requested by the Building Commissioner; Seconded by Matthew Nordhaus: Motion passed 4 to 0. Roll Call Vote: Matthew Nordhaus, Joe Knox, Paul Glavey, Cindy Napoli – Aye.

B. Vote to Acquire 119 Tahattawan Road Joe Laydon noted the process is being finalized with Town Counsel and they are awaiting for reports to be submitted; hope to bring the December 21, 2020 Select Board meeting for a vote of approval to purchase the property. No asbestos and no residue from the fuel tank was found. C. General Updates -Anthony congratulated the Police Department who received a letter stating their re-accreditation. Once Chief Pinard receives the citation, it is recommended that this be a future agenda item to recognize the department.

-Congratulated Littleton Water Department for recognition from MA DEP on the handling of the PFAS situation in town; great leadership and great team at the department. -Joe noted that LELWD will have a live sewer forum on Tuesday, December 15, 2020 at 7PM; information will be on the LELWD website. Cindy noted the Board’s new PowerPoint format presentation and thanked Anthony.

9:34 PM 8. Consent Agenda – no discussion 9:35 PM 9. Meeting Minutes

Paul Glavey made the motion that the Board vote to approve the Regular Session meeting minutes of November 23, 2020; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Matthew Nordhaus, Paul Glavey, Joe Knox, Cindy Napoli - Aye

9:36 PM Adjournment

Paul Glavey made the motion to adjourn the meeting; Seconded by Matthew Nordhaus; Motion passed 4 to 0. Roll Call Vote: Matthew Nordhaus, Joe Knox, Paul Glavey, Cindy Napoli – Aye.

Respectfully submitted, Sue Raymond