STERLING ZONING BOARD OF APPEALS MEMBER JOSEPH CURTIN’S STATEMENT TO THE STERLING PLANNING BOARD

On 7 October 2020 Sterling ZBA member Joseph Curtin appeared before the Sterling Planning Board and, according to the Planning Board’s Meeting Minutes, Mr. Curtin “presented a proposed amendment to the Aquifer and Water Resource Protection District bylaw (Article 4, Section 4.6) with his proposed Ground Water Protection Districts Bylaw. Mr. Curtin said that his proposed bylaw was based upon Mass DEP’s model Ground Water Bylaw. Mr. Curtin said that there were a number of errors in the existing [Town] bylaw and some of the provisions were illegal. Adopting this new bylaw will correct errors and legal issues and that the existing district’s boundary was onerous in addition to being a deterrent to economic development” (emphasis added). SEE 7 October 2020 Planning Board Minutes– https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/minutes/10-7-2020_minutes.pdf

THE OFFICIAL MASSDEP “WATER SUPPLY PROTECTION AREAS” ONLINE MAP CORRESPONDS EXACTLY WITH STERLING’S PRESENTLY-MAPPED NORTH STERLING AQUIFER PROTECTION ZONE

The MassDEP “Water Supply Protection Areas” official online map clearly shows that the entire, existing, North Sterling Aquifer Protection Zone is a Commonwealth of Massachusetts DEP “Approved Wellhead Protection Area” (Zone II). Here is the link to that MassDEP online map– http://maps.massgis.state.ma.us/images/dep/omv/wspviewer.htm
ZOOM into the Pratt Junction area of Sterling. Click on the ‘hand’ symbol and use your cursor to move the map across your screen as needed. Click on ‘Legend’ and you will see that the entire, presently-mapped North Sterling “Approved Wellhead Protection Area,” hatch-marked in lavender, corresponds exactly with the “Town of Sterling Zoning & Zoning Overlay Districts” map showing the North Sterling “Aquifer Protection Zone (Zone II)”, with blue hatch marks. SEE https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/file/file/part15.pdf

MASSDEP WELLHEAD PROTECTION AREAS (ZONE II), MASSGIS DATA MAPPING EXPLANATION

According to MassGIS, in pertinent part, “A Zone II is a wellhead protection area that has been determined by hydro-geologic modeling and approved by the Department of Environmental Protection… The statewide datalayer contains DEP Approved Wellhead Protection Areas (Zone II). As stated in 310 CMR 22.02, a Zone II is: ‘That area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated…'”(emphasis added).
SEE https://docs.digital.mass.gov/dataset/massgis-data-massdep-wellhead-protection-areas-zone-ii-zone-i-iwpa

MR. CURTIN’S PROPOSED REDUCTION IN SIZE OF THE MAPPED NORTH STERLING AQUIFER PROTECTION ZONE

The presently-mapped North Sterling Aquifer Protection Zone is entirely accurate and entirely legal. MassDEP has already approved the full extent of that Zone II Wellhead Protection Area. Click on the following link and scroll down to see the map depicting Mr. Curtin’s reduced North Sterling Aquifer Protection Zone based on the proposed Protective (Zoning) By-Law changes–https://www.sterlingma.gov/sites/g/files/vyhlif1266/f/agendas/march_proposed_zoning_amendments_with_maps.pdf

VISIT BY, AND UPDATE FROM, MR. CURTIN

On the Afternoon of 8 May 2021 Mr. Curtin paid a visit to my home and said that this original Blog post was inaccurate and unfair to him. He said that most of the Zone II Wellhead Protection Area in North Sterling consists of one claimed by the City of Leominster to protect one of its wells near the Sterling line and that the Town of Sterling in its Protective (Zoning ) By-Laws should not be explicitly protecting a City of Leominster-claimed Zone II area. In addition he said that that Zone II area was never actually pump-tested and that it is “conceptual” in nature. Mr. Curtin is an engineer with groundwater/hydrology training. THEREFORE, in fairness to Mr. Curtin I have amended this blog post and apologize to him for misleading content previously set forth.

Mr. Curtin wants more industrial development in North Sterling to keep residential tax rates lower. He and I agree on that so long as Sterling resources are protected.

Nevertheless, the MassDEP and MassGIS information set forth herein is what it is and the Wellhead Protection Area referred to lies in Sterling.

MASSDEP WELLHEAD PROTECTION GUIDANCE, 310 CMR 22.21(1)

Here is the link to the MassDEP Wellhead Protection Guidance, including regulatory guidance related to a municipality’s Wellhead Protection Area (Zone II) located in an adjacent city or town– https://www.mass.gov/files/documents/2016/08/sl/begwhp.pdf At this point Sterling voters would look awfully petty by voting to rescind the existing North Sterling Aquifer Protection Overlay Map area.

THE 14 JUNE ANNUAL TOWN MEETING

The proposed Sterling Protective (Zoning) By-Law amendment concerning this matter, to be voted on at the Annual Town Meeting, should be evaluated carefully.

J.G.

THE 2018 AD HOC EARTH REMOVAL BY-LAW STUDY GROUP

In 2018 a small group of Sterling Board and Committee members formed an ad hoc group to study and propose changes to the existing Town of Sterling Earth Removal By-Law. After months of meetings they formulated their proposed draft new Earth Removal By-Law. Evidently at least one local developer opposed their draft and got then-Select Board Chair Richard Lane, an avowed pro-development hack, to disband that ad hoc group. Their work product was shelved.

2019–PRO-DEVELOPMENT HACK/THEN-SELECT BOARD CHAIR RICHARD LANE FORMS AND CHAIRS HIS OWN “EARTH REMOVAL BY-LAW REVIEW COMMITTEE”

In January 2019 then-Select Board Chair and avowed pro-development hack Richard Lane, THIS GUY– https://www.seacoastonline.com/article/20050920/News/309209915 –after unilaterally disbanding the independent ad hoc 2018 Earth Removal By-Law study group, set up his own “Earth Removal By-Law Review Committee” which he chaired. His hand-picked group of ‘All Stars’ included property developer Carl Corrinne, THIS GUY– http://www.cdcorrinnebuilders.com/ –, civil engineer Shaun Francis (presumably paid by developers), Sterling Building ‘Commissioner’ Sarah Culgin, Sterling Conservation Commission Agent Matthew Marro, and Board of Health Inspector David “Nowhere Man” Favreau (See previous post, this Blog). As Town of Sterling payroll patriots Culgin, Marro, and Favreau were all directly under Lane’s thumb. Marro and Culgin were and are not even Sterling residents. According to Town records, Lane’s Committee met only five (5) times, the last time on 14 February 2019–almost three months before the 6 May 2019 Sterling Annual Town Meeting. SEE https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/minutes/2019_2_14_earth_removal_bylaw_committee_minutes_.pdf

So one has to wonder who really wrote—and when–the the 2019 proposed, revised Earth Removal By-Law placed on the 6 May 2019 Annual Town Meeting Warrant as a surprise package???

THE 2019 ANNUAL TOWN MEETING–VOTERS SMELLED THE RAT

Voters attending the 6 May 2019 Sterling Annual Town Meeting smelled the rat and voted to “table” the revised Earth Removal By-Law submitted by the Select Board then. In a fascinating twist, Sterling developer-lawyer Brian Foley moved to reconsider that vote but was outside the one-hour period permitted for reconsideration. That was a good break for the rest of us. His move was proof that the revised Earth Removal By-Law was developer-promoted and crony-crafted. Mr. Foley’s operation, for months, mechanically shattered solid Oak Hill granite alongside Clinton Road to eke out two duplex platforms. The incessant noise generated by that process was often audible almost one mile away. Existing homes are and were directly adjacent and directly across the road. Then-Sterling Building ‘Commissioner’ Sarah Culgin failed to enforce the Massachusetts Noise Control Regulation, 310 Code of Massachusetts Regulations 7.10 ( http://airandnoise.com/MA310CMR710.html ), just as she failed to enforce it previously when developer James Simpson, for weeks, mechanically shattered ledge rock while constructing Cider Hill Estates off Redstone Hill Road.

Mr. Foley, would you care to comment on your relationships with former Selectman Richard Lane, current Select Board member(s), and present and former member(s) of the two Earth Removal By-Law Review Committees?

NOTE: Gary Menin, THE honest, honorable, highly qualified Board of Health member is the only one who voted NOT to allow septic systems to be installed over Foley’s granite bedrock alongside Clinton Road. He was outvoted 2-1 by the other BOH members and, so, the duplex septic systems went in. Let’s see how long they function! Board of Health Inspector David “Nowhere Man” Favreau and THE STERLING CRONY CABAL don’t like Mr. Menin BECAUSE he is a straight-shooter. They have a candidate running against him this election cycle. MAKE SURE YOU VOTE IN THE JUNE 2021 TOWN ELECTION TO RE-ELECT GARY MENIN TO THE BOARD OF HEALTH.

THE CURRENT SELECT BOARD’S ‘NEW’ JULY 2019 “EARTH REMOVAL BY-LAW REVIEW COMMITTEE” OF RETREADS

After that May 2019 Annual Town Meeting debacle the Select Board, as now constituted, in July 2019 decided to try again and formed its “Earth Removal By-Law Review Committee” of retreads. Once again property developer Carl Corrinne, civil engineer Shaun Francis, Conservation Commission Agent Matthew Marro, and the noted MIA Building ‘Commissioner’ Sarah Culgin (she has since moved on to become a Town of Ashburnham payroll patriot–good riddance!) were emplaced. Added was a third Town of Sterling payroll patriot also directly under the Select Board’s thumb, purported ‘Town Planner’ but really $75,000/year Select Board ‘Gofer’ Domenica Tatasciore (See first post, this Blog). Marro, Culgin, and Tatasciore did not and do not reside in Sterling. Favreau dropped out. Another appointee moved out of Sterling later.

THE PROPOSED, REVISED, PRO-DEVELOPER 2021 EARTH REMOVAL BY-LAW UP FOR ANNUAL TOWN MEETING VOTE THIS JUNE IS A SMELLIER RAT THAN THE 2019 RAT

The Retread Earth Removal By-Law Review Committee mostly regurgitated the very bad 2019 Earth Removal By-Law version but made it even more pro-developer (this– https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/uploads/proposed_earth_removal_bylaw.pdf ) by deleting previously mandatory document filing provisions in order to hide project plans from abutters and the general public. Under this year’s gutted version, earth removal permit applicants are not required to file earth removal plans prepared by a “Professional Engineer and Professional Land Surveyor;” are not required to file documents detailing the “location of proposed earth removal site or sites, type of earth material to be removed, depth of excavation, …duration of earth removal operations, phasing schedule and amount of material…to be removed, …and estimated depth of normal high water;” and are not required to file a “traffic study,” among other deletions.

All other known Massachusetts municipal earth removal by-laws–you can find many online–set forth numerous definitions to minimize vagueness, ambiguities, and loopholes. The proposed 2021 Sterling version has only three definitions: “Earth,” “Permit Granting Authority” (now to be the craven, sell-out Select Board ), and “Quarrying or Mining.” The latter definition has a developer carve-out as follows: “‘Quarrying or mining’ shall exclude grading of a lot in preparation for construction of a structure or associated appurtenances for which….a permit has been issued by the town.” So developers can keep buying up cheap bedrock, continue to shatter it mechanically while the Town fails to enforce the Massachusetts Noise Control Regulation, and put more houses and septic systems atop rock.

The 2021 By-Law version contains even more developer concessions. “Exemptions from Permit Requirements” include these: “earth removal from one parcel…to a contiguous parcel…held in common ownership…[including] a group of parcels…contiguous to each other…”(developers can play ‘musical chairs’ with excavated rock and soil); “Earth removal from any parcel…in a definitive subdivision…approved by the Planning Board;” and “Earth removal…for [sic] a certain parcel…subject to Site Plan Review…approved by the Planning Board.” Developer Carl Corrinne, reappointed to the retread Earth Removal By-Law Review Committee, JUST HAPPENS to be Chair the Planning Board, too. SO, how many Sterling chicken coops can one fox raid?

PROPOSED, RELATED AMENDMENT TO THE STERLING PROTECTIVE (ZONING) BY-LAW

In a related, proposed Warrant Article, the Select Board seeks to benefit local ‘Crony Capitalists’ by substituting the definition of “Quarrying or Mining” for “Earth Removal” in the Sterling Protective (Zoning) By-Law and so prevent Sterling property owners in the vast areas zoned “Rural Residential” from applying to the Zoning Board of Appeals for “Variances” to extract valuable sand & gravel or rock from deposits located on their properties. That would protect from competition existing quarry and sand & gravel pit operators who already have Sterling’s few areas zoned “Light Industrial” locked up. Ironically, most of those existing operations lie atop north Sterling’s extremely large “Aquifer Protection Zone.” They include Simpson’s near Bartlet’s Pond, two operations on the northwesterly side of Oak Hill. and another off Pratt’s Junction Road. Of course, Sterling’s best-known quarry is very near the Town’s Route 12 well field.

THE 14 JUNE 2021 ANNUAL TOWN MEETING

So Sterling property owners, come out to the 14 June Annual Town Meeting and vote down these abominations, thereby protecting yourselves and the Town’s character.

J.G.

Recently I was provided a couple of BOH Inspector David “Nowhere Man” Favreau’s completely non-itemized time sheets by a source. Favreau, mind you, just happens to run a private business called “David Favreau Septic Services.” SEE https://www.favreausepticservices.com/ No appearance of impropriety or conflict of interest here folks–NOOOOO SIRRREEE–so just move along now. You just know that Mr. Favreau will put the Sterling taxpayers’ interests first, right?! I mean, what could possibly be wrong with this set-up???

But why would a guy supposedly just on salary putting in, supposedly, just  forty (40) hours per week at taxpayer expense, be submitting TIME SHEETS for payment? After all, our COMPLETELY HONEST (wink, wink) Sterling officials have always led us townspeople to believe that salaried employees were INELIGIBLE to receive OVERTIME payments. So, on 15 April 2021, in accordance with Mass. Gen. Laws Ch. 66, Sec. 10, I mailed a hard-copy “Public Records Request” to Town Clerk Kathleen Farrell using the form she provides on the Town website.
It was in all CAPS and requested “COMPLETE COPIES OF ALL BOARD OF HEALTH AGENT DAVID FAVREAU’S TIME SHEETS SUBMITTED TO TOWN ADMINISTRATOR KELLIE HEBERT FOR THE PERIOD 1 JANUARY 2021 THROUGH 9 APRIL 2021.”

On 22 April 2021 the Town Treasurer, Victoria Smith, sent an email to me purportedly with the requested records attached. She ccd Mr. Favreau, Kellie Hebert, and Kathleen Farrell. After comparing those records with the copies I already possessed–and that the aforementioned ‘public servants’ did not know I had–I saw that two boxes on each sheet, one labelled “Notes” and the other “Approval History,” had been ‘disappeared.’ So, on 24 April 2021 I sent a reply to Ms. Smith, ccd to the aforementioned ‘public servants,’ and demanded, bluntly, the unaltered Favreau time sheets, else I would report the matter to appropriate state officials. You see, altering public records is a crime under Mass. Gen. Laws Ch. 66, Sec. 15. SEE https://malegislature.gov/laws/generallaws/parti/titlex/chapter66/section15

Our ‘public servant’ Victoria Smith, Town Treasurer, did not like the tone of my 24 April 2021 email so on 26 April she emailed to tell me that she was ‘closing’ out my request. OH, I SEE, you can commit an apparent violation of Mass. Gen. Laws Ch. 66, Sec. 15, and, when called out on it, just ‘close out’ a guy’s Public Records Request! That was BULLSH*T so, by reply email, I called out her BULLSH*T and referred to an apparent joint undertaking to violate Ch. 66, Sec. 15. I ccd
Mr. Favreau, Ms. Farrell, Ms. Hebert, the Massachusetts Attorney General’s Office, the three Sterling Select Board members, and others.

Later that day I received an email from Ms. Hebert–are you detecting some ‘musical chairs’ or passing around a ‘hot potato’ here???–this time with Mr. Favreau’s requested time sheets attached, including the boxes labeled “Notes” and “Approval History.” She indicated that my earlier email to Ms. Smith was uncouth and indicated that my 15 April 2021 Public Records Request was somehow deficient in not triggering all the computer-manipulated “fields” that I sought. YEAH, so ‘public servants’ flying their desks can manipulate/delete/alter/insert “fields,” in this case two important boxes, that members of the public may not even know about and say that our Public Records Requests somehow came up short. SO, if ‘public servants’ flying their desks can computer-alter public records and produce them with deletions and omissions, what good is Mass. Gen. Laws Ch. 66, Sec. 15, the state statute that makes altering public records a crime??? Perhaps Massachusetts Attorney General Maura Healey should issue some instructions about that. I sent an email reply to Ms. Hebert and called out her BULLSH*T too.

DAVID “NOWHERE MAN” FAVREAU’S TIME SHEETS

ALL of Mr. Favreau’s time sheets are completely non-itemized. On each sheet are two week’s worth of daily entries. In the upper left corner, among other things, it says “BOARD OF HEALTH” and under that “01510-51110 BOH Inspector Salary.” That’s his SALARY identifier number. In the far left column are dates purportedly worked. In the next column are the ‘from’ and ‘to’ hours purportedly worked. Toward the middle, corresponding to each date purportedly worked, is ONLY THIS–“519-BOARD OF HEALTH_____________________01510-51110 BOH Inspector Salary.” After that a couple columns with hours listed, including purported overtime, and then, on the far right, the “TOTAL HOURS” column. SO, as a Sterling tax-paying Schmuck, if you thought the guy running David Favreau Septic Services would be required to itemize the following–property address and name of owner; date and time of arrival on site; tasks/inspections performed; time spent at that location; date and time of departure–you would be WRONG!

Monday night I was rushed and cross-referenced some numbers in December, 2020, outside the scope of my document request, and made a couple other tally errors, and for the next few days WordPress screwed up my Blog font, but now, by my count, here are Favreau’s time sheet low-lights for the period 1 January through 10 April 2021. He was credited with 9 “Total Hours” on New Year’s Day even though he did not claim any work hours that day. Thereafter he claimed 83 work days–12 six (6) day weeks (wink, wink), 2 five (5) day weeks (wink, wink), and Sunday, 3 January (wink, wink). Over the 83 claimed work days on those time sheets he claimed one 13.5 hour day (wink, wink), two 13 hour days (wink, wink), thirty-nine (39) 11 (eleven) hour days from “06:30a to 05:30p” (wink, wink), fourteen (14) ten (10) hour days (wink, wink), four 9 hour days (wink), six 8 hour days (wink), and the other days with various fewer hours claimed. During much of that time the ground was frozen so that no soil percolation tests, etc., could be performed. By the way, during that period Mr. Favreau claimed 207.5 overtime hours (wink, wink).

“APPROVAL HISTORY”

The “Approval History” boxes show that some of these time sheets were “Approved By” Town Treasurer Victoria Smith and the others by Town Administrator Kellie Hebert. Gee, in view of the foregoing, I wonder why the time sheets produced on 22 April had the “Approval History” boxes deleted!

TOWN OF STERLING 2019 ANNUAL REPORT

According to the published 2019 Sterling Annual Report– https://www.sterling-ma.gov/sites/g/files/vyhlif1266/f/uploads/2019_sterling_annual_report.pdf the latest one available on-line, page 55, the “01510-51110 BOH Inspector Salary” was $101,282. According to the same Report, page 67, “Favreau, David,” “Board of Health,” was paid $63,965.20 in “Gross Wages.” Is the latter figure his overtime??? GEE, I don’t remember Mass. Gen. Laws Ch. 149, Sec. 33B ( https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section33B) ever being adopted by Town Meeting vote, thereby allowing certain salaried Town employees to claim overtime. Was it, really? The Sterling Town Accountant is not aware that that statute was ever adopted by Town Meeting, either. So, why is Mr. Favreau racking up claimed overtime? Is the Town of Sterling making unauthorized overtime payments to anyone? Why the two distinct figures cited in the 2019 Sterling Annual Report?

BOARD OF HEALTH SECRETARY KATHLEEN NICKERSON

It is reported that the Tax-and-Spend Hacks comprising the Finance Committee, appointed by the Tax-and-Spend Hacks comprising the Select Board, are recommending that BOH part-time secretary Kathleen Nickerson become a full-time salaried employee. If that happens, expect her to start claiming overtime, soon, also!

What we have here in our Town of about 7800 people is what I call “PHONY FIEFDOM-BUILDING AND STAFF PROLIFERATION.” Various self-important Town Board and Committee members lobby to add unnecessary salaried employees to their sections and departments so they can say “Gee, look at me, I’m supervising ‘X’ number of employees…”–even if those employees are sitting around much of the time with their thumbs up their _$$_$ at Sterling taxpayer expense.

14 JUNE ANNUAL TOWN MEETING

SO, for those new Sterling property owners/taxpayers among our reading audience, WELCOME TO THE STERLING TAX-AND-SPEND HACK-O-RAMA! COME OUT TO THE 14 JUNE ANNUAL TOWN MEETING TO PROTECT YOURSELVES.

J.G.