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Page 1
APPROVED
TOWN OF WESTFORD
BOARD OF SELECTMEN
MINUTES
DATE:
September 7, 2004
TIME:
7:30 P.M.
PLACE:
J.V. Fletcher Library
PRESENT: Robert Jefferies, Dini Healy-Coffin, Christopher Romeo,
Allan Loiselle, James Silva
OTHERS
PRESENT: Steve Ledoux-Town Manager, Norman Khumalo-Assistant
Town Manager, Audience Members
Joint Boards Discussion on Perchlorate Water Issue
Sandy Collins, Board of Health, updated the Board on the results of the well
testing relative to the perchlorate issue. Collins reported that 30-34 homes
were contacted and that less than 10 homes have reported back to the Board of
Health.
Collins is awaiting the return of the test kits for the remaining homes.
Currently, the only residential well to test positive for perchlorate is located at 1
Emily Way.
Romeo asked if the Water Department or Board of Health knew the source of
the contamination. Elaine Major, Water Department, stated that it would be
very expensive to determine the source of contamination due to the need for
groundwater perimeter wells at the site. Major reported that DEP will have the
protocol for dealing with the perchlorate problem. Major outlined the various
systems DEP has for addressing perchlorate contamination. Major also
outlined the blasting data provided by Maine Blasting and Drilling for the Tresca
property. Major noted that the Cote well tested satisfactorily in March and
April but in August tested positive for perchlorate. Major could not identify
the source of the contamination.
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Westford Board of Selectmen – September 7, 2004
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Richard Barrett, Highway Superintendent, reported that the blasting for the new
highway garage is 99.5% complete.
Romeo asked what the Town was prepared to do for the Winchester family at 1
Emily Way regarding their contaminated well.
It was moved by Romeo, seconded by Silva for discussion, to direct the
immediate temporary installation of an above ground hook-up and meter,
pending homeowner consent, of municipal water services to the residence of
Kenneth Winchester pending the earliest of the following to occur:
determination of an alternative solution to remediate alleged perchlorate
contamination of the private well servicing this residence; or discontinuance
of such hook-up and meter by November 1, 2004, or weather forecasts
indicating temperatures expected to be below freezing.
Loiselle asked who would be paying for the water line to the Winchester home.
Romeo suggested that the Water Department pay for the water line. Jefferies
was concerned with setting a precedent with other potential contaminated wells
when the source is unknown. Bob Carter, Water Commissioner, suggested
that the Winchester family could be provided with water if they bring containers
to the Water Department. Douglas Deschenes, Water Commissioner, stated
that he fully supported Romeo’s motion but noted that it becomes a question of
who is to blame for the contamination. Deschenes felt that the costs should be
borne by the taxpayers rather than the water takers. The group discussed
supplying Winchester with alternative water sources and the cost of residential
filtration systems.
Kenneth Winchester, 1 Emily Way, reported that his home has a geothermal well
system which pumps approximately 10 gallons of water per minute.
Winchester also reported that his water has a strong odor and silt. Winchester
felt that no one from the Town or Maine Drilling and Blasting has talked to him
about the contamination of his well. Collins reported that DEP is continuing
to run additional tests on the Winchester well. Winchester stated that he
complained to the Fire Department about his well when Tresca was blasting at
the quarry.
Richard Rochon, Fire Chief, reported that Winchester’s compliant
had been forwarded to the State Fire Marshall. Winchester stated that water
was coming out of the electrical panel and also shooting 6 feet into the air.
Healy-Coffin assured Winchester that the Town was doing everything possible to
work out a solution and asked him to keep in contact with the Town
departments and boards. Healy-Coffin also asked that Winchester be provided
with drinking water. Healy-Coffin suggested continuing the discussion after
the other well tests are determined. Healy-Coffin stated that the Town needed
to find who is responsible for the contamination as well as determining the cost
to find the source.
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Westford Board of Selectmen – September 7, 2004
Page 3
Winchester stated that he would like to be hooked up to Town water eventually
and noted that there is a water main stub approximately 600 feet from his
house.
Jefferies stated that the contractor for the new highway garage did pre-blast
surveys. Jefferies asked Barrett to request that contractor conduct a post-
blast survey of the Winchester property. Jefferies also noted that if the
contactor is responsible for the contamination, there is insurance money
available to remediate problems. Jefferies recommended that Winchester talk
to the Water Department regarding water hook-up.
Jefferies was not in favor
of aboveground piping of water. Loiselle asked the Water Commissioners to
consider waiving the connection fee for Winchester.
Romeo amended his motion: that potable water be provided to Kenneth
Winchester by the Water Department. Jefferies stated that the Water
Department is a private entity and that the Board of Selectmen did not have the
authority to tell them what to do.
VOTE ON ROMEO’S MOTION: 1 IN FAVOR (Romeo) and 4 OPPOSED (Jefferies,
Healy-Coffin, Loiselle, Silva). The motion failed.
It was moved by Loiselle, seconded by Romeo for discussion, that the Town
place a temporary ban on perchlorate blasting until we find out the
implication to the water.
Jefferies questioned whether the Board had the
authority to ban blasting. Zac Cataldo, Board of Health, stated that the Board
of Health has the authority to stop blasting. Chief Rochon strongly cautioned
the Board of Health to have solid evidence to stop blasting because it can be
challenged in court. Loiselle withdrew his motion.
Romeo read a portion of a letter from the Water Commissioners regarding
notification to the public. The Water Commissioners’ letter indicated that they
would notify the Board of Selectmen and the Town Manager and that the
Selectmen and Town Manager could handle the issue in any way that they feel is
appropriate.
It was moved by Romeo, seconded by Silva for discussion, to direct the
Westford Water Department and Commissioners to notify the public
forthwith upon their findings, whether verified or not, of any questionable
water quality results including but not limited to pollutants, hazardous
substances or other contaminates.
Jefferies reiterated that the Selectmen have no authority to direct the Water
Department or Commissioners. Loiselle felt that the perchlorate situation was
rare and that the Water Commissioners followed DEP’s notification guidelines.
Cataldo asked that Romeo amend his motion to include the Board of Health to
the notification list. Romeo agreed.
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Westford Board of Selectmen – September 7, 2004
Page 4
VOTE ON ROMEO’S MOTION: 3 IN FAVOR (Romeo, Healy-Coffin, Silva) and 2
OPPOSED (Jefferies, Loiselle). The motion passed 3 to 2.
Thomas stated that she would bring Romeo’s motion back to the Water
Commissioners.
Discussion regarding Stony Brook Lower West Fields with Board of
Selectmen, Conservation Commission, Recreation Commission, Board
of Water Commissioners, Permanent School Building Committee, Stony
Brook Master Plan Committee
Jefferies reported that the Permanent School Building Committee (PSBC) would
be meeting on Thursday, September 9, 2004 to discuss the lower fields.
Pat Savage, Director of Parks & Recreation, reported that she responded to Ken
Morgan, Chairman of the PSBC with a memo after reviewing the report from
Pine & Swallow. Savage stated that the solutions suggested by Pine & Swallow
are based on timing and conditions. Savage stated that timing is critical for
growing grass. Savage felt that Pine & Swallow did not address all of the
options. Savage felt that a less costly solution would be to harrow the field,
plant a cover crop and decide in the spring whether to plant sod or seed.
Savage did not have a cost estimate for that solution. The group had a
roundtable discussion regarding Savage’s suggestion as well as other
alternatives. Healy-Coffin recommended that the schools and recreation
work out a solution.
It was moved by Loiselle, seconded by Silva for discussion, to go with Pat
Savage’s suggestion to plant a cover crop to salvage the field and determine
the best course of action over the winter.
Healy-Coffin asked to amend the
motion: that the rest of the money gets turned over to the schools for the
sole use of the fields at Stony Brook. VOTE ON LOISELLE’S MOTION: All in
Favor. The motion passed unanimously.
Adjournment
It was moved by Romeo, seconded by Silva, and VOTED UNANIMOUSLY, to
adjourn the meeting at 9:55 p.m.
____________________________________ _______________________________________
Steve Ledoux, Town Manager
Robert Jefferies, Chairman
Submitted by Beth A. Kinney, Recording Secretary
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