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THIS WEEK...THIS WEEK...

THE ECONOMYTHE ECONOMY

TAX CLASSIFICATIONTAX CLASSIFICATION

40B40B

AGGREGATEAGGREGATE

POWER PLANTPOWER PLANT

andandTHINGS TO DOTHINGS TO DO

ChelmsfordChelmsfordand

The EconomyThe Economy

The Economy was the latest topic on The Economy was the latest topic on Tom Christiano’s Politically IncorrectTom Christiano’s Politically Incorrect

The panelists on the current Politically Incorrect Cable TV show are:

Paul Cohen - Town ManagerDr. Don Yeoman - School Superintendent

Sue Gates - Former SelectmanBill Dalton - Selectman

A video link to the entire show is below. The town budget crisis, as discussed by Paul Cohenand Dr. Yeoman, was very interesting. As well as Bill Dalton talking about why he decided notnotto run for re-election. He also mentioned his votes that he is most proud of and most disappointed with, as a Selectman.

CLICK HERE FOR VIDEO LINK TO POLITICALLY INCORRECTCLICK HERE FOR VIDEO LINK TO POLITICALLY INCORRECTThe panelists for the following P.I. Show, taping on November 25th, are Philip Eliopoulos - Chairman, Board of SelectmenPam Armstrong - Chairman, Planning BoardCharlie Wojtas - Treasurer, Bd, of Library TrusteesBilly Martin - Town Meeting Representative

This show will air through Sunday, December 7th.This P.I. show will air on Chelmsford's Channel 8, at the following times: Tues & Weds 8:30 PM; Thurs 7:00 AM; Sundays 11:00 AM

ChelmsfordChelmsfordAnd

Tax ClassificationTax Classification

CHELMSFORD INDEPENDENT

Tax classification back on board's agendaTax classification back on board's agendaBy David Golann/CorrespondentWed Nov 12, 2008

CHELMSFORD -

At Monday night’s Board of Selectmen’s hearing on splitting the taxrate, Selectman Bill Dalton cast the issue as a fundamentalargument about democracy.“We don’t want the majority — residents — to take away from theminority — business,” said Dalton. “In a lot of the communities thereason they have classification is because it’s political instead ofthe selectmen looking at it objectively. That’s what you elect us for.”

If instituted, tax classification would allow Chelmsford to tax com-mercial properties at a higher rate than residential ones. For morethan 10 years, a contingent of pro-classification residents hasasked the Board of Selectmen to implement the change and shiftsome of the local tax burden toward businesses.

New information was injected into the old debate when ChiefAssessor Frank Reen presented a study on the valuation ofcommercial properties in Chelmsford, which seemed to dispute

claims that businesses are under-assessed.

“We saw the printout tonight of all of the commercial and industrialproperties that sold in 2007,” said Board of Selectmen ChairmanPhil Eliopoulos. “All of them have sold within 90 percent and 110percent of their assessed value.”

***With some of their undervaluation fears put to rest, manycitizens expressed anger toward the many Chelmsford busi-nesses that fail to submit documentation for their tax assess-ments.

“It’s been a stick in the eye,” said Mary Tiano. “If people sub-mitted there would be less of an undercurrent in town that weare being cheated.”

Town Manager Paul Cohen said the town could only levy a $50fine against these businesses unless they actually fail to paytheir taxes. This news aroused indignation and creative ideasfrom speakers on both sides of the tax classification issue.

“As one great American once said, ‘I will publish their names and Iwill make them famous,’” said classification opponent Glen Thoren,quoting Sen. John McCain’s denunciation of congressional ear-marks. “That lack of compliance doesn’t cut any slack with me.”

It was not the first mention of the recent presidential election.

When professor and columnist John Edward argued that the na-tional tax burden has been shifting from corporations to individualsfor many decades, members of the crowd joked that he was a sup-porter of President-Elect Barack Obama.

In the end, many advocates emerged unsatisfied from a meetingthat didn’t seem to go their way.Despite the town’s many investigations of tax classification,Marianne Paresky accused the Board of Selectmen of maintainingsilence on the issue.

“I see that the selectmen really are oriented towards business,” saidParesky. “I don’t think any of the selectmen really have consideredthe burden that residents have on their shoulders in these toughtimes.”********************************************************************************

Chelmsford Noncompliance Listfor Income & Expense filings

Town Manager Paul Cohen has posted the list of noncompliant property owners at the town website.

CCCCLLLLIIIICCCCKKKK HHHHEEEERRRREEEE TTTTOOOO SSSSEEEEEEEE TTTTHHHHEEEE LLLLIIIISSSSTTTThttp://www.egovlink.com/public_documents300/chelmsford/published_documents/-

Whats%20New/Income-Expense_FY09_Non-Compliance.pdf

*****************************************************************************LOWELL SUN EDITORIALLOWELL SUN EDITORIAL

CCCCoooonnnnssss iiiiddddeeeerrrr cccc llll aaaassssssss iiii ffff iiii ccccaaaatttt iiiioooonnnnThe Lowell Sun11/13/2008

If Chelmsford selectmen vote against placing a question for tax classification onthe spring election ballot -- which they probably will -- supporters of the measurewould be right to gather petition signatures, forcing a vote on the issue.During the past decade, the town has studied, and restudied, whether to imple-ment a split tax rate. But, since 1999, every time the idea has been raised, se-lectmen have voted against splitting the rate. Businesses and homeowners paythe same rate.Chelmsford actually had a split rate from 1987 to 1998, but the Board of Select-men at that time decided to do away with it.

Since then, various groups of residents have been fighting to bring it back, argu-ing that homeowners need the tax break it will give them. Opponents say this isno time to place an additional tax burden on businesses, many of which are al-ready struggling to remain open.

Matthew Cilento, the chief architect of a petition that may put the issue on theballot, understands that splitting the tax rate won't add more money to town cof-fers, but it will put more money back into the pockets of residents.

Cilento believes that if larger companies such as Wal-Mart, Hannaford andKohl's pay more in taxes, it could ease some financial strain on families.

The petition seeks to split the tax rate, but provides an exemption for small com-mercial businesses. To qualify for an exemption, a small business must have avalue of $1 million or less, and employ fewer than 10 people.

What's wrong with that?

A committee studying the issue in 2004 recommended implementing a split taxrate, but selectmen did not approve the change.

A split tax rate worked just fine in Chelmsford for 11 years. And many area com-munities, such as Burlington, have split tax rates. We don't think Burlington hashad much difficulty attracting new business.

Additionally, Chelmsford has recentlyhanded out Tax Increment Financing agreements to a number of businesses that moved into town, lowering the amount of taxes they pay. Why give a break to businesses, but not to residents?

We urge selectmen to carefully consider a split tax rate, and for citizens to keep fighting for it.

Chelmsford businesses skirt tax reporting lawChelmsford businesses skirt tax reporting lawBy Rita Savard, rsavard@lowellsun.com

11/18/2008

CHELMSFORD -- Town officials are hoping a little public derision will work where astate law won't.

On Friday afternoon, the town posted a list of 355 Chelmsford businesses that failed tosubmit annual income and expense reports on time. The reports, which ask for infor-mation on rents received, utilities, pay roll, maintenance, security, etc., help town as-sessors to determine rents and set the tax rate.

But with so many businesses opting to pay a $50 fine instead of filing their information,town officials are looking at other means of boosting the compliance rate.

"We hope it will have an impact," said Town Manager Paul Cohen. "Besides charging afine, the best we can do is put it on our Web site."

The state Department of Revenue requires that commercial, industrial and other po-tential income-producing properties are valued by using at least two of three standardappraisal approaches. Income and expense reports are one of the most common waysmunicipalities assess property values, in addition to looking at market publications tosee what properties are selling for.

Chelmsford assessors tacked on a $50 late fee for delinquency for the first time lastyear, after receiving a 26 percent return rate on expense reports. Four hundred busi-nesses were fined $50, the maximum under state law.

Among the 355 businesses facing fines in Chelmsford, are Burger King, CumberlandFarms, Hong and Kong restaurant, Kazanjian Enterprises Inc., and Lowell GeneralHospital.

But frustrated town officials have said that $50 isn't a big enough penalty to promptcompliance.

Chief Assessor Frank Reen said some larger companies might have to pay more than$50 for an accountant or comptroller to fill out the 38-line questionnaire.

"In that sense, it's actually more cost-effective for some to just pay the fine," Reensaid.

After assessors mail out the forms, businesses have 60 days to return them. Reensaid there are a variety of reasons for delinquency. Some people just get busy and

forget, while others view providing income information to the town as an invasion ofprivacy.

Assessors in other communities report similar return rates.

In 2007, Jeanne Kidder, assistant assessor in Tyngsboro, said her office mailed out150 forms, but only about 50 were returned.

"It's a very important tool for assessors because we want to arrive at fair and equitablevalues," Kidder had said.

In Lowell last year, assessors received about 29 percent of 2,279 forms back, andDracut assessors received about 25 to 30 percent of 432 forms.

According to the Department of Revenue, the $50 penalty was an amendment to thelaw passed in 1979. Robert Bliss, a spokesman for DOR, has said he hasn't seen anygroundswell to change the law, or increase the penalty.

There is no way to skirt the $50 fine though, if a town or city chooses to impose it.

"The piece that has the most teeth is the loss of the right to appeal," Bliss has said. "Ifa local business says. 'I sent it but it got lost in the mail,' well, that business would beasked to resubmit."

Reen said he still has confidence in the values Chelmsford has set for commercialproperties, but says a higher return rate in income and expense reports would helpmake the process more efficient.

The state of Connecticut, Reen added, allows municipalities to collect up to 10 percentof a businesses' annual income taxes for delinquent income and expense reports.

"You can probably suspect they have a much higher return rate there," he said.

To view the non-compliance list for real property visitTo view the non-compliance list for real property visithttp://www.townofchelmsford.ushttp://www.townofchelmsford.us

CCCCHHHHEEEELLLLMMMMSSSSFFFFOOOORRRRDDDDand

40B40BIn October the town requested a one year moratoriumon on 40Bdevelopments in Chelmsfordfrom the State,based on current Department of Housing and Community Developmentregulations in regards to the two projects in townthe Princeton at River-meadow(Riverneck Rd.) andthe Choice Center(N.Chelmsford).

Due to the fact both projectswere started prior to the newregulations going into affect(Feb 2008) , the request wasdenied.

CHELMSFORD INDEPENDENTCHELMSFORD INDEPENDENT

Slow Growth group questions town's 40B policiesSlow Growth group questions town's 40B policies

By Kevin Zimmerman/Staff WriterThu Nov 13, 2008

Community Development Director Evan Belansky

CHELMSFORD - A letter from the anti-40B group Slow Growth Initiative sent to homesaround town paints Chelmsford officials as playing on the side of developers at the expenseof residents.

The authors point to affordable housing proposals in the works next to Immanuel Church onBoston Road and on land currently occupied by a shopping center on Mill and Boston roads,which, despite repeated requests from residents to scale back the projects, seem to bemoving forward.

Near the end of the letter, residents are urged to call Town Hall and remind the selectmenthat “Chelmsford must not rubber stamp the ludicrous density proposed by” Carlisle EquityPartners LLC for the land abutting the church.Community Development Director Evan Belansky has fielded dozens of those phone callsand understands why residents are angry but is quick to tell callers he believes the letter isless than truthful.

“The letter is alarmist, inaccurate and accusatory,” said Belansky. “There appears to be an ex-pressed professional expertise in real estate but it is misleading. It presents data as fact.”

Belansky said there are no applications before the Zoning Board of Appeals for either theland next to the church or the shopping center site.And although the letter includes a section about the ongoing six-year dispute over the River-neck Road proposal, it fails to mention the recent approval by the ZBA was the result of aremand by the courts, said Belansky.

“The town spent significant resources fighting this,” said Belansky.Another part of the letter explains how under recent changes to 40B, the law that allows de-velopers to circumvent zoning laws in exchange for affordable units in a project, developerswould now be allowed to incorporate commercial, institutional and other non-residential com-ponents into a project.

These changes to 40B “leave every neighborhood susceptible to a developer’s inclusion of aWal-Mart, liquor store or a movie theater within a comprehensive permit project,” SlowGrowth Initiative writes.“That is simply not true,” said Belansky. “The new revisions do allow commercial developmentthat is accessory or incidental. A Wal-Mart is not accessory.”

Belansky disputes Slow Growth Initiative’s claim that each additional housing unit costs thetown between $30,000 and $80,000 more than what it collects in taxes.

He said those figures are based on national averages and not specific to Chelmsford. It’s a“one-size-fits-all” argument, said Belansky, and shouldn’t be stated as fact.

Belansky also takes exception to the letter’s insinuation that town officials have a pro-devel-opment agenda and pass the costs onto to residents.Despite what the letter claims, the planning officials do not rubberstamp projects, he said.

Every project that comes before a town board undergoes a financial review, an environmentalreview and an engineering review. Both the Chelmsford Housing Authority and town counselare also involved in any 40B discussions. And everything officials decide is subject to reviewby MassHousing and the court system, said Belansky.

Belansky has been in contact with Slow Growth Initiative’s Fred Marcks via e-mail and hopesto set up a meeting to discuss the letter and the state of 40B in town.

Once the two sides sit down, Belansky believes they will have more in common than SlowGrowth Initiative thinks. Belansky agrees that the current 40B law is broken. However, hedoesn’t think the town should fight every developer from beginning to end spending thou-sands of dollars in the process.

“The initial focus should be to review and mitigate a project within the public hearing,” saidBelansky. “You want to minimize impact to abutters. You want to add buffers or move build-ings. You want to ensure there is no public safety of environmental concerns. The goal is tomanage a project.”

Marcks did not return a call to the Independent before deadline.

Slow Growth Initiative’s Fred Marcks

Kevin Zimmerman can be reached at chelmsford@cnc.com.

““ BB EE HH II NN DD TT HH EE SS CC EE NN EE SS ””““ BB EE HH II NN DD TT HH EE SS CC EE NN EE SS ””Begin forwarded message:

From: "Fred Marcks" <fred.marcks@gmail.com>Date: November 13, 2008 4:13:53 PM EST

Subject: Re: Slow Growth group questions town's 40B policies

Hi all,Thanks for posting this Roy.

A few things:

Kevin left a message for me at 8pm on Tuesday (the day of story deadlines)to get a comment. I called Kevin anyway and told him that I wanted the opportunity to have a follow-up story because he tipped me off that Evanwas calling the data inaccurate. Since reading the story, I've asked for ameeting with him tomorrow.

The data is not only solid, but conservative. It is also local. One of the re-ports used to formulate the cost per unit included a sample of 17 Massachusetts municipalities, including several in our area with similar demographics.

Eric Dahlberg and Clare Jeannotte took the initiative to call me very quicklyand we have already met (Tuesday night) to discuss the data, the content of

the letter and what options town officials have to confront these sorts of developments.

If anyone would like to see some of the data behind the content, I'm happyto share it as I supervised the research. Otherwise, I trust that we'll all beable to enjoy a follow-up story next Thursday with a more candid conversa-tion about our financial realities and how they are exacerbated by growth.

Best,Fred

************************************************************************************************************************Begin forwarded message:

From: "Fred Marcks" <fred.marcks@gmail.com>Date: November 18, 2008 3:31:50 PM ESTSubject: Re: Slow Growth group questions town's 40B policies

Hot off the presses: Kevin Zimmerman told me an hour ago that he was"sorry I got the impression that he'd do a follow-up story" when he told methat he'd "be happy to do a follow-up."

I was less than pleased.

What he ended up giving me was a 700 word Opinion piece.************************************************************

The following was submitted to the The following was submitted to the Chelmsford Indepenedent for publication on Chelmsford Indepenedent for publication on

11/20/0811/20/08

I'm a consultant for the Massachusetts Slow Growth Initiative (SGI), of whichChelmsford is a member. The group is a sustainability organization with threegoals: implementing a comprehensive sustainable development plan, imple-menting a long-term sustainable energy plan and creating job growth withoutphysical growth. 40B is a policy hurdle that SGI believes harms our environmentand economic vitality and they addressed that concern in a recent letter to thecommunity.

The letter's contents are alarming and deserve the attention of taxpayers whocarry the burden of our current fiscal woes. In response to the letter's criti-cisms, Community Development Director Evan Belanksy said last week: "Thegoal is to manage a project." Having such a goal assumes that growth is in-evitable and fails to assess whether new growth should happen.

The letter was accusatory. It said town officials focus on micro-issues like land-scape buffers and moving buildings. It implored them to take the macro ap-proach of determining whether 40B proposals even meet the needs of thecommunity and accused Chelmsford of failing taxpayers by not rectifying thelong-term cash flow problems generated by large numbers of 40B projects.

Lastly, it suggested that Selectmen have failed by not stating publicly that everytown board and department should consider the financial impacts of its deci-sions.

I'm confident that the more than 800 members of the Chelmsford SGI appreciatehow hard local officials work, but as we enter an era of unprecedented financialuncertainty, we shouldn't shy away from proposing changes just because feel-ings might be hurt. SGI is arguing that instead of Town Hall spending significantresources addressing elements of development projects, it should providecounter-proposals that are created by us, for us.

The data in the letter is accurate, timely and conservative. Diverse growth stud-ies conclude that each additional housing unit costs a community like Chelms-ford between $30,000 and $80,000 more than taxes and fees collected over onedecade. One study put the local cost per unit at $35,455 or $17,377 per capita in1998 dollars. Because costs have skyrocketed, it is reasonable to project thatthe per-unit and per-capita costs are now spectacularly higher.

However, the Chelmsford SGI took the conservative approach by estimating$40,000 per housing unit, using a formula that does not consider the additionalcosts of local government operating budgets or public safety personnel, equip-ment and stations. Doing great justice to educate residents, the letter explainedhow 2,300 additional new homes will be built in town under 40B mandates,

causing the town to grow 24% larger than its current total size. With theprospect of that unsustainable growth, instead of acting defensive or sophist,town officials should take several corrective actions.

I have met with several local officials to discuss the issue and am proposing aten step plan:1.Create a 40B advisory board for a pre-application process to determinewhether projects are appropriate.

2.Create ZBA regulations that defer 40B negotiations to the 40B advisory board.

3. Empower a joint-planning process by requiring 40B proposals to be made tothe Conservation Commission, Planning Board, Selectmen and Zoning Board ofAppeals.

4.Establish better project-based collaboration by creating bylaws requiring eachof the above boards to provide written commentary on the impacts of 40B proposals.

5.Establish design standards for new projects to include housing type, afford-ability, disability accessibility and benchmarks for community enhancement.

6.Require fiscal impacts statements on any development project with more thanfive units.

7.Create a zoning bylaw that defines and prioritizes Redevelopment so we canrefurbish existing buildings before building new ones.

8.Work with the water districts to create water impact assessments for new development proposals.

9.Change the master plan and zoning bylaws to protect existing residentialneighborhoods from new development and shift development to vacant, obsolete or underutilized buildings.

10.Change the ZBA from an appointed board to an elected board.

It is time to respect planning. Destabilized town finances hurt both residentsand local businesses. The town's initial focus must not be to review and mitigateplans, but to plan itself. After all, it's our tomorrow

VIDEO FLASHBACKVIDEO FLASHBACK ::CCCCLLLLIIIICCCCKKKK HHHHEEEERRRREEEE FOR FRED’S APPEARANCE ON POLITICALLY INCORRECT talking 40B - 10/28/0810/28/08

FRED MARKS on 40B ( Repeal and New Regulations) at the Chelmsford Board of Selectmen meeting November 19, 2007 November 19, 2007 CCCCLLLLIIIICCCCKKKK HHHHEEEERRRREEEE FFFFOOOORRRR VVVVIIIIDDDDEEEEOOOO

REPEAL 40B : Fred Marcks talks 40B with Dennis Ready OnChelmsford Cable's TOWN TALK 12-5-0712-5-07CCCCLLLLIIIICCCCKKKK HHHHEEEERRRREEEE FFFFOOOORRRR VVVVIIIIDDDDEEEEOOOO

STATE REP. WILLIAM GREEN ON 40B -11/29/07 11/29/07 at the Chelmsford Forum on Affordable Housing and the 40B law.Bill Green represents Billerica,Ma CCCCLLLLIIIICCCCKKKK HHHHEEEERRRREEEE FFFFOOOORRRR VVVVIIIIDDDDEEEEOOOO

Q & A with TINA BROOKS of The Department of Housing andCommunity Development. At the CITIZENS' FORUM - AffordableHousing & Chapter 40B in Massachusetts: Issues and Options,11/29/0711/29/07CCCCLLLLIIIICCCCKKKK HHHHEEEERRRREEEE FFFFOOOORRRR VVVVIIIIDDDDEEEEOOOO

ChelmsfordChelmsford

and

AggregateAggregateWhere there’s smoke...Where there’s smoke...When Aggregate withdrew their plans forWhen Aggregate withdrew their plans for

expansion due to the economic times,theexpansion due to the economic times,theskeptic in me thought it was more likely dueskeptic in me thought it was more likely dueto the fact that they were about to get hitto the fact that they were about to get hitwith restrictions and conditions on theirwith restrictions and conditions on theiroperations from the Board of Selectmen.operations from the Board of Selectmen.Although some were thrilled by the withdrawlAlthough some were thrilled by the withdrawlit did mean none of the problems that wereit did mean none of the problems that werebrought to light were resolved. And Aggregatebrought to light were resolved. And Aggregatecontinues as it has before as evident fromcontinues as it has before as evident fromthese emails from last week...these emails from last week...

Begin forwarded message:Begin forwarded message:

From: Rachel <wrathofrachel@verizon.net>From: Rachel <wrathofrachel@verizon.net>Date: November 13, 2008 1:17:19 PM ESTDate: November 13, 2008 1:17:19 PM ESTTo: aebuck@comcast.net, wfdalton300@yahoo.com, edward.mcnamara@comcast.net, clareTo: aebuck@comcast.net, wfdalton300@yahoo.com, edward.mcnamara@comcast.net, clare--jeannotte@hotmail.com, dmconnolly_99@yahoo.com,jeannotte@hotmail.com, dmconnolly_99@yahoo.com, dndadog@yahoo.com, ericrdndadog@yahoo.com, ericr--dahlberg@gmail.com, pinder_jim@yahoo.com,dahlberg@gmail.com, pinder_jim@yahoo.com, jrdemuth@comcast.net,jrdemuth@comcast.net,gto_john@yahoo.com, jmfjff0918@verizon.net,gto_john@yahoo.com, jmfjff0918@verizon.net, bnlandrews@comcast.net,bnlandrews@comcast.net,leo_manning@hotmail.com,leo_manning@hotmail.com, PWojtas@TownofChelmsford.us, philip.eliopoulos@veriPWojtas@TownofChelmsford.us, philip.eliopoulos@veri--zon.net,zon.net, re007hq@comcast.net, tchristiano@comcast.net, t_fall@earthlink.netre007hq@comcast.net, tchristiano@comcast.net, t_fall@earthlink.netSubject: UpdateSubject: UpdateReply-To: wrathofrachel@verizon.netReply-To: wrathofrachel@verizon.net

To all who will listen:To all who will listen:

Aggregate has increased their production. Over the lastAggregate has increased their production. Over the lasttwo weeks Aggregate has been burning almost 24 hours-7two weeks Aggregate has been burning almost 24 hours-7days a week. CASE feels they increased their production indays a week. CASE feels they increased their production in

order to meet some type of contract that they committed toorder to meet some type of contract that they committed toprematurely. As you all know, Aggregate had planned toprematurely. As you all know, Aggregate had planned tohave their application approved and to have the construchave their application approved and to have the construc--tion finished by December. Obviously 1 + 1 = 2.tion finished by December. Obviously 1 + 1 = 2.

Along with this information I would also like to pass onAlong with this information I would also like to pass onwhat I have seen in the last two days. Lastnight aroundwhat I have seen in the last two days. Lastnight around10:00pm I let my dogs out for their "hurry up--it's cold"10:00pm I let my dogs out for their "hurry up--it's cold"time. As I was standing on my steps I looked up at the skytime. As I was standing on my steps I looked up at the sky(as I have always done due to boredom) and noticed a(as I have always done due to boredom) and noticed arather massive smoke cloud beyond the trees. Why this conrather massive smoke cloud beyond the trees. Why this con--cerns me is for the FACT that in 8 years time of living incerns me is for the FACT that in 8 years time of living inthis house I have never been able to see Aggregate's emisthis house I have never been able to see Aggregate's emis--sions from my door step. This worries me so.sions from my door step. This worries me so.

Along with that, Tuesday morning I took my dogs out aroundAlong with that, Tuesday morning I took my dogs out around6:00am for another "cold time" and as I walked out my6:00am for another "cold time" and as I walked out mykitchen door and into front room/mud room I was dumb-kitchen door and into front room/mud room I was dumb-founded by the fact that I could smell Aggregate's emisfounded by the fact that I could smell Aggregate's emis--sions within this room. Why this concerns me is for thesions within this room. Why this concerns me is for theFACT that in 8 years time of living in this house, I haveFACT that in 8 years time of living in this house, I havenever been able to smell emissions other than from outnever been able to smell emissions other than from out--side. This was in my home!!!!side. This was in my home!!!!

Two more points:Two more points:

Dropping my oldest son off at Byam this morning was ratherDropping my oldest son off at Byam this morning was ratherinteresting. If your not familiar with the drop off proceinteresting. If your not familiar with the drop off proce--dure, allow me to explain. Parents must drive the drivewaydure, allow me to explain. Parents must drive the drivewayto the back of the building and then drop off their chilto the back of the building and then drop off their chil--dren on the other side of the school. The back of Byamdren on the other side of the school. The back of Byamoverlooks woods and is quite beautiful in the fall; howoverlooks woods and is quite beautiful in the fall; how--ever, this morning as I was entering the back I happenedever, this morning as I was entering the back I happenedto catch a rather massive smoke cloud rising from aboveto catch a rather massive smoke cloud rising from abovethe woods. Why this concerns me is that in the 3-1/2 yearsthe woods. Why this concerns me is that in the 3-1/2 yearsthat my son has attended Byam, I have never been able tothat my son has attended Byam, I have never been able tosee Aggregate's emissions from that school.see Aggregate's emissions from that school.

Last but not least---as I was returning from Byam I feltLast but not least---as I was returning from Byam I feltcompelled to take pictures while driving (I know, notcompelled to take pictures while driving (I know, notsmart). I had my window down and just shot away trying tosmart). I had my window down and just shot away trying tocapture what I could without being precise. As I came tocapture what I could without being precise. As I came toOak St. I noticed a gentleman in a green reflector vestOak St. I noticed a gentleman in a green reflector vest

with what appeared to be a thick metal pole. This guywith what appeared to be a thick metal pole. This guylooked like he was trying to sweep the road with nothinglooked like he was trying to sweep the road with nothingon the end and I giggled until I heard the sound that wason the end and I giggled until I heard the sound that wascoming from him/pole as I drove by. The sound resembledcoming from him/pole as I drove by. The sound resembledthat of a metal detector. I am far from an expect butthat of a metal detector. I am far from an expect butwhat I am gathering from this event is that this man waswhat I am gathering from this event is that this man was"sweeping" the area for traces of something."sweeping" the area for traces of something.

I have photos of my house incident (even though it is hardI have photos of my house incident (even though it is hardto see), Byam, the smoke from different areas (not just into see), Byam, the smoke from different areas (not just infront of the Park), and the curious gentleman with hisfront of the Park), and the curious gentleman with hisfunny "wand". What I would like to see happen is for somefunny "wand". What I would like to see happen is for some--one to put a stop to this madness. We all thought we wereone to put a stop to this madness. We all thought we weresafe as long as our windows were closed, but now I amsafe as long as our windows were closed, but now I amsmelling their emissions in my home which means we are NOTsmelling their emissions in my home which means we are NOTsafe. This madness needs to come to an end. Town Officialssafe. This madness needs to come to an end. Town Officialsneed to step up and get the rest of the tests performed;need to step up and get the rest of the tests performed;they need to put a stop to the insane hours that Aggregatethey need to put a stop to the insane hours that Aggregateis allowed to burn; they need to put a stop to the insanis allowed to burn; they need to put a stop to the insan--ity of burning waste oil; and they need to, for once andity of burning waste oil; and they need to, for once andfor all, protect the Residents that make this Town!!!!!!!for all, protect the Residents that make this Town!!!!!!!

Rachel HarveyRachel Harvey**********************************************************************Begin forwarded message:Begin forwarded message:

From: edward.mcnamara@comcast.netFrom: edward.mcnamara@comcast.netDate: November 13, 2008 8:21:38 PM ESTDate: November 13, 2008 8:21:38 PM ESTSubject: Re: UpdateSubject: Re: Update

I noticed yesterday in coming over 495 at Pine HIll RoadI noticed yesterday in coming over 495 at Pine HIll Roadthat the plume looked like the exhaust from a huge powerthat the plume looked like the exhaust from a huge powerplant. It was enormous!! I also noticed the continuedplant. It was enormous!! I also noticed the continuedburning all day long and into the night. They were burnburning all day long and into the night. They were burn--ing at a feverish pace. Normally the plume is noticable,ing at a feverish pace. Normally the plume is noticable,but this time it was rising hundreds of feet into the air.but this time it was rising hundreds of feet into the air.I wish I had my camera!! I plan to document it the nextI wish I had my camera!! I plan to document it the nexttime I see this. Can the town ask for DEP, Board oftime I see this. Can the town ask for DEP, Board ofHealth, or EPA to check on this???Health, or EPA to check on this???

ChristineChristine

Begin forwarded message:Begin forwarded message:

From: Jim Pinder <pinder_jim@yahoo.com>From: Jim Pinder <pinder_jim@yahoo.com>Date: November 13, 2008 11:39:59 PM ESTDate: November 13, 2008 11:39:59 PM ESTSubject: RE: UpdateSubject: RE: Update

I was driving home from work late last night ~8:45PM and II was driving home from work late last night ~8:45PM and Idrove by the Aggregate plant and I also couldn't believedrove by the Aggregate plant and I also couldn't believemy eyes, the plume was huge. But, I also noticed an enormy eyes, the plume was huge. But, I also noticed an enor--mous amount of fugitive emissions around the loading dockmous amount of fugitive emissions around the loading dockwhere they pour the mix into the trucks.where they pour the mix into the trucks.

It is time for some air quality testing around thatIt is time for some air quality testing around thatplant!!!plant!!!

I think we need to get much more active about addressingI think we need to get much more active about addressingthe dangers associated with this Aggregate facility.the dangers associated with this Aggregate facility.

JimJim********************************Begin forwarded message:Begin forwarded message:

From: Rachel <wrathofrachel@verizon.net>From: Rachel <wrathofrachel@verizon.net>Date: November 14, 2008 4:27:30 AM ESTDate: November 14, 2008 4:27:30 AM ESTSubject: Re: RE: UpdateSubject: Re: RE: Update

Jim-I agree with you! We really should try to get on theJim-I agree with you! We really should try to get on theDEP again. I heard back from the MDPH/BEH and they conDEP again. I heard back from the MDPH/BEH and they con--firmed that they will investigate the cancer statistics;firmed that they will investigate the cancer statistics;however, we need the DEP to get out for independent airhowever, we need the DEP to get out for independent airquality testing and a public health assessment. If anyonequality testing and a public health assessment. If anyoneneeds the contact information again please let me know.needs the contact information again please let me know.

RachelRachel

N

Lowell Sun

Billerica power plant passes state testBillerica power plant passes state test

By Chris Camire, ccamire@lowellsun.com11/15/200811/15/2008

BILLERICA -- The developers of a controversial power plant proposed for North Biller-ica are poised to clear a major hurdle that will bring the project one step closer tobeing built.

On Thursday, the state Energy Facilities Siting Board voted unanimously to draft a tentativedecision to approve the Billerica Energy Center on Billerica Avenue near the Tewksbury townline with conditions.

The board is expected to reconvene in January to formally vote on whether to approve thedecision. But those familiar with the process say it's unlikely that the board will deny a permit.

Joe Fitzpatrick, the CEO of DG Clean Power, the company looking to build the power plant,called the vote an important step in moving the project forward.

"My own view was that this was the major permit for the project," Fitzpatrick said. "Thereason I view this as the major hearing is that it will trigger actions from the other two stateagencies."

Once the siting board's permit is granted, the next phase of state and local permitting willbegin.

The Massachusetts Department of Environmental Protection and the Executive Office of En-vironmental Affairs must also issue permits for the proposed 348-megawatt, gas-fired powerplant. On the local level, the plant must go through the Board of Health, Conservation Com-mission and Planning Board.

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Since it was first proposed, the power plant has drawn sharp divisions within the community.

Billerica Watchers, a citizens activist group formed to prevent the power plant from beingbuilt, has argued that it will pose a health risk to the community.

Ed Camplese, founder and president of Billerica Watchers, said the group plans to appealany board's decision that does not adequately address their concerns with the project."There are many things that still have to be determined," said Camplese. "We intend toremain vigilant and do our due diligence every step of the way."

Billerica Watchers, which was granted legal intervenor status at the state level last year, hasthe right to appeal the siting board's decision to the Massachusetts Supreme Judicial Court,said Tim Shevlin, a spokesman for the state's Department of Telecommunications andEnergy.The plant has also faced opposition from state Rep. Bill Greene, a Democrat who representsBillerica in the 22nd Middlesex District. Greene, who maintains that the town cannot providethe 40 million gallons of water from the Concord River each year that the plant requires,called Thursday's vote "outrageous."

"The state and the Obama administration are both pushing for renewable energies, yet theyOK a plant that would double the amount of carbon dioxide," he said. "It doesn't make anysense."The Energy Facilities Siting Board's final decision will include several conditions to addressconcerns raised during the public-hearing process. The document will stipulate that DG CleanPower be required to do the following:

* Reduce the size of ammonium storage tanks and enclose the building where the tanks arestored.* Mitigate the plant's water use by funding a townwide water-conservation program.* Build a 10-foot sound wall to protect residents from noise pollution.* Commit that no more than 20 trucks carrying water be delivered to the plant per day.

The siting board's vote came after 20 months of hearings and thousands of pages of testi-mony, said Fitzpatrick. If approved, the power plant is expected to be in service by June2011, with construction beginning about a year before that."From my perspective, it's encouraging news," said Fitzpatrick, of the siting board's vote. "Butit's like anything else -- the final milestone is a written decision."N

News fromNews from

BILLERICAPOWERPLANT.ORGBILLERICAPOWERPLANT.ORGPlease share with your friends, family, and neighbors. Please share with your friends, family, and neighbors.

www.BillericaPowerPlant.org18 November 2008

The Energy Facilities Siting Board issued a tentative decision to siteThe Energy Facilities Siting Board issued a tentative decision to sitethe Billerica power plant. While disappointing, this decision was notthe Billerica power plant. While disappointing, this decision was notunexpected. A final decision from the EFSB must still be rendered.unexpected. A final decision from the EFSB must still be rendered.The proposal must still receive permits from several other stateThe proposal must still receive permits from several other stateagencies, and pass the scrutiny of several Billerica boards. Thisagencies, and pass the scrutiny of several Billerica boards. Thisprocess is far from over. process is far from over. Stay tunedStay tuned ......

The Environmental Subcommittee of the Lowell City Council will meet onWednesday, November 19th at 6:00PM to discuss the proposed Billericapower plant and the impacts to Lowell residents. Committee members andresidents will ask questions. The developer is expected to attend, in addi-tion to Lowell’s legislative representatives and Lowell City Manager BernieLynch. See the Events section below for meeting details.

Billerica will hold a special town meeting on December 2nd to vote on thewarrant article presented by resident, Jeanne Landers. The warrant estab-lishes seventeen criteria for consideration before a power plant could bepermitted in the town.

The proponent seeking approval for a 400MW power plant in Westfield of-fered a “gift” to the town in the form of $17,000 to help fund an “indepen-dent review of proposed evaluation formulas being developed for taxpurposes on the plant”. Our experience has shown that there can be aconflict of interest between an “independent review” and having that samereview financed by the developer.

Ian Bowles, the Massachusetts Secretary of Energy and Environmental Af-fairs (and Chairman of the EFSB) is purportedly on the short list of candi-dates to run the EPA in the Obama administration.

Meetings/Events

Wednesday, November 19, 2008 6:00PM Lowell City CouncilThe Environmental Subcommittee will discuss the proposed Billerica powerplant and the consequent impacts to Lowell. Subcommittee members andattendees will ask questions. Lowell City Hall, Council Chamber.

Tuesday, December 2, 2008 Special Town Meet-ingBillerica will hold a special town meeting to vote on a warrant article thatwould establish 17 criteria for consideration before a power plant would bepermitted. Billerica Town Hall, 365 Boston Road, Billerica, MA.

Wednesday, December 10, 2008 7:00PM Billerica Conserva-tion CommissionThe Billerica Conservation Commission will continue its discussion of theNotice of Intent filed by the developer and the review of the wetlands andstormwater management issues. Billerica Town Hall, 365 Boston Road, Bil-lerica, MA

PressPress

Click Here to access recent articles.Click Here to access recent articles.

ChelmsfordChelmsfordandand

Things to doThings to do

The Godfather of Chelmsford would like to remind everyone about ourThe Godfather of Chelmsford would like to remind everyone about our2nd Annual "Day before Thanksgiving Walk" at Thanksgiving Forest on2nd Annual "Day before Thanksgiving Walk" at Thanksgiving Forest onWednesday, November 26th, at 2:00 PM at the Janet Road entrance. TheWednesday, November 26th, at 2:00 PM at the Janet Road entrance. Thefairly flat walk will be about one mile. For those interested in a shorterfairly flat walk will be about one mile. For those interested in a shorterwalk, we'll be meeting at the Gary Road entrance to the Forest at 2:30walk, we'll be meeting at the Gary Road entrance to the Forest at 2:30PM. Driving directions are posted in this email.PM. Driving directions are posted in this email.

Our local historian, Becky Warren, will be speaking again this year, aboutOur local historian, Becky Warren, will be speaking again this year, aboutour Thanksgiving traditions in Chelmsford. Refreshments will be generour Thanksgiving traditions in Chelmsford. Refreshments will be gener--ously provided by Jones Farm. The "Godfather of Chelmsford" will beously provided by Jones Farm. The "Godfather of Chelmsford" will beproviding the "hospitality." 8-) The Chelmsford Stewards will be makingproviding the "hospitality." 8-) The Chelmsford Stewards will be makingthe campfire and all the other preparations for this event. We hope tothe campfire and all the other preparations for this event. We hope tohave another huge turnout this year.... it's a great way to kick off yourhave another huge turnout this year.... it's a great way to kick off yourThanksgiving celebrations.Thanksgiving celebrations.

See you all there!TToomm CChhrriissttiiaannoo

The First Annual Amazing Decorated Winter Tree Scavenger HuntThe First Annual Amazing Decorated Winter Tree Scavenger HuntNovember 26th through December 31stNovember 26th through December 31st

Do you have what it takes to find 10 festive trees in Chelmsford’s openDo you have what it takes to find 10 festive trees in Chelmsford’s openspace properties? From November 26th through December 31st individuspace properties? From November 26th through December 31st individu--als, families or groups are invited to participate in a unique and funals, families or groups are invited to participate in a unique and funscavenger hunt and vie for the coveted Amazing Decorated Winter Treescavenger hunt and vie for the coveted Amazing Decorated Winter TreeScavenger Hunt Trophy.Scavenger Hunt Trophy.

Here’s how to play:Here’s how to play:

(1)(1) Visit thechelmsfordian for open space locations and scavenger huntVisit thechelmsfordian for open space locations and scavenger huntrules.rules.

(2)(2) Go to the Lime Quarry, Crooked Spring Reservation, Red Wing Farm,Go to the Lime Quarry, Crooked Spring Reservation, Red Wing Farm,Deep Brook, Thanksgiving Forest, Lewis Farm, Cranberry Bog, RussellDeep Brook, Thanksgiving Forest, Lewis Farm, Cranberry Bog, RussellMill, George BB Wright, and Bartlett Park and FIND THE TREES.Mill, George BB Wright, and Bartlett Park and FIND THE TREES.

(3)(3) Take a digital photo of yourself or your group WITH THE TREES.Take a digital photo of yourself or your group WITH THE TREES.

(4)(4) Email individual photos or ALL 10 PHOTOS to phil@thechelmsforEmail individual photos or ALL 10 PHOTOS to phil@thechelmsfor--dian.com along with your name/group name and phone number – Mustdian.com along with your name/group name and phone number – Mustsubmit all 10 tree photos to be eligible to win the trophy.submit all 10 tree photos to be eligible to win the trophy.

(5)(5) Wait to find out if you are the big winner.Wait to find out if you are the big winner.

The First Annual Amazing Decorated Winter Tree Scavenger Hunt is deThe First Annual Amazing Decorated Winter Tree Scavenger Hunt is de--signed to introduce people to natural (and free) resources in the Town ofsigned to introduce people to natural (and free) resources in the Town ofChelmsford. The 10 open space properties are great places to walk, jog,Chelmsford. The 10 open space properties are great places to walk, jog,bike, fish, canoe, bird watch, geocache, snow shoe and more. This spebike, fish, canoe, bird watch, geocache, snow shoe and more. This spe--cial event was planned by the Chelmsford Open Space Stewardship.cial event was planned by the Chelmsford Open Space Stewardship.

For more information, visit http://www.thechelmsfordian.com or emailFor more information, visit http://www.thechelmsfordian.com or emailphil@thechelmfordian.com.phil@thechelmfordian.com.

No town money was used for this eventNo town money was used for this event************************************************************************************************

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Remember a Loved One with a Remember a Loved One with a Memorial Apple Tree at Red Wing FarmMemorial Apple Tree at Red Wing Farm

The Chelmsford Open Space Stewardship is offering the opportunity forThe Chelmsford Open Space Stewardship is offering the opportunity forresidents to purchase an apple tree for Red Wing Farm on Maple Road inresidents to purchase an apple tree for Red Wing Farm on Maple Road inChelmsford in memory of loved ones. Chelmsford in memory of loved ones.

The Memorial Apple Tree program is arranged through Jones Farm as aThe Memorial Apple Tree program is arranged through Jones Farm as away to replenish the apple orchard at this revitalized open space propway to replenish the apple orchard at this revitalized open space prop--erty. Red Wing Farm is open to the public and available for walks, picerty. Red Wing Farm is open to the public and available for walks, pic--nics, bird watching and more. There will be direct access to the Farmnics, bird watching and more. There will be direct access to the Farmfrom the Bruce Freeman Rail Trail when completed.from the Bruce Freeman Rail Trail when completed.

Simply visit Jones Farm (246 Acton Rd, Chelmsford, 978-256-8065), fillSimply visit Jones Farm (246 Acton Rd, Chelmsford, 978-256-8065), fillout a form, select a tree, and pay $75.00. The fee includes the tree, plantout a form, select a tree, and pay $75.00. The fee includes the tree, plant--ing, maintenance and a card acknowledging your gift. Memorial tree reing, maintenance and a card acknowledging your gift. Memorial tree re--membrances will be posted on the kiosk at the entrance to Red Wingmembrances will be posted on the kiosk at the entrance to Red WingFarm. Trees will be planted in the spring.Farm. Trees will be planted in the spring.

For more information, visit http://www.thechelmsfordian.com , For more information, visit http://www.thechelmsfordian.com , call Phil Stanway at 978-273-1474, or email phil@thechelmsfordian.com.call Phil Stanway at 978-273-1474, or email phil@thechelmsfordian.com.

Note: We make no money on this and no town money will be used inNote: We make no money on this and no town money will be used inplanting and maintaining the trees.planting and maintaining the trees.

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