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March 11, 2009

Wenham special meeting in an 'aye, aye' mood

WENHAM — Special Town Meeting nearly set a record for brevity, but the evening ended on a sour note when Moderator Paul Weaver had to put a stop to bickering between two neighbors over a small piece of land.

Only Article 8 on the agenda generated broad debate, but it didn't last long. It asked the town to adopt a waste-reduction plan that would limit households to one free bag of trash every week.

Anyone with additional trash would have to buy a special bag, for $1.75, to dispose of it. Unlimited collection of recyclables would continue.

Proponents predict the change would save the town $32,000 a year in "tipping fees," the per-ton charge to dispose of trash.

Since there is no additional fee for disposing of recyclables, every pound that comes out of a trash receptacle and into a recycling bin is a direct savings for the town, Recycling Committee member Frances DeLacvivier told the assembly.

Topsfield Road resident Dave Reed said he supports recycling but questioned whether taxpayers would actually realize any savings.

"You save on tipping fees, but you pay for it in bags," Reed said.

He also said that, since the limit on trash containers would be 33 gallons, he would have to go out and buy a new one to replace the 36-gallon barrel he has now, an additional expense.

But proponents noted the restriction is on the amount of trash collected, not the size of the container that it's in.

There were a few more arguments until Kimball Avenue resident Tracey Hutchinson got a laugh for asking for a vote, "So I can go home and pay my baby sitter."

Recycling is not that hard, she told the naysayers.

"My 3-year-old does it," she said, "and my autistic child."

Voters agreed, and the measure carried with only about a half-dozen voting cards raised in protest.

It was the only vote of the night that wasn't unanimous, but Article 10 kept the meeting from ending before 9 p.m.

The question asked voters to dissolve a "paper road" in the Daniels Road subdivision, a matter that is usually pro forma. When the plans for the development were drawn up, they included a short spur at the end of Daniels Road that was never built. The town was nonetheless granted an easement for the road to be built.

Ken and Jean Jones, of 8 Daniels Road, asked for the paper road to be dissolved so they could have clear ownership of their land, unencumbered by an easement. Mary Miceli, of 10 Daniels Road, wasn't happy with how that was coming about.

The Joneses were winding up with an additional 20,000 square feet of land, while she was only getting 1,000. Furthermore, she said her neighbors had only begun maintaining the property recently, while she took care of it for 25 years.

To top it off, Miceli said, the land she was getting back consists entirely of a new septic system the town had made her install.

Town Administrator Jeff Chelgren said the paper road was essentially a transparent easement over existing property lines, and dissolving it didn't alter anyone's property lines.

And, Chelgren said, those lines resulted from a settlement between the neighbors, and the town had no obligation, or even ability, to do anything about it.

Miceli persisted, then Ken Jones came to the microphone and said Miceli was being disingenuous.

Months ago, we offered Mrs. Miceli lots of land that is ours," Jones said. "She rejected our offer. She said she could get more by suing."

That's when Weaver put a stop to the back-and-forth.

"As is often the case, the town can't fix problems for neighbors," he said before calling for a vote.

Another unanimous approval. Miceli left the room without casting a vote.

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