jan 11th 2009 i n t o w n r e p o r t

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T T H H I I S S W W E E E E K K T T H H I I S S W W E E E E K K A A C C U U T T A A B BO O V V E E T T H H E E R R E E S S T T A A C C U U T T A A B B O O V V E E T T H H E E R R E E S S T T O O F F F F T T O O T T H H E E R R A A C C E E S S O O F F F F T T O O T T H H E E R R A A C C E E S S O O N N T T H H E E S S T T R R E E E E T T W WH H E E R R E E Y YO OU U L L I I V V E E O O N N T T H H E E S S T T R R E E E E T T W W H H E E R R E E Y YO OU U L L I I V V E E G G O O O O D D C C O O N N N N E EC C T T I I O O N N S S G G O O O O D D C C O O N N N N E EC C T T I I O O N N S S W WH H A AT T S S T T H H E E B B U U Z Z Z Z, , T T E E L L L L M ME E W WH H A AT T S S A A H H A A P P P P E E N N I I N N G G W WH H A AT T S S T T H H E E B B U U Z Z Z Z, , T T E E L L L L M M E E W W H H A AT T S S A A H H A A P P P P E E N N I I N N G G A A G G G G R R E E V VA AT T E E A A G G G G R R E E V VA AT T E E O O T T H H E E R R S S T T U U F F F F O O T T H H E E R R S S T T U U F F F F G G o o v v e e r r n n o o r r s s e e e e k k s s m m o o r r e e b b u u d d g g e e t t c c u u t t s s " " E E v v e e r r y y t t h h i i n n g g i i s s o o n n t t h h e e t t a a b b l l e e , , i i n n c c l l u u d d i i n n g g l l o o c c a a l l a a i i d d , , " " V V e e r r i i z z o o n n p p l l a a n n b b e e f f o o r r e e b b o o a a r r d d S S t t i i l l l l m m o o r r e e q q u u e e s s t t i i o o n n s s a a b b o o u u t t B B i i l l l l e e r r i i c c a a 4 4 0 0 B B L L o o w w e e l l l l - - a a r r e e a a m m o o v v e e r r s s a a n n d d s s h h a a k k e e r r s s m m a a k k e e p p r r e e d d i i c c t t i i o o n n s s f f o o r r 2 2 0 0 0 0 9 9 I I n n s s p p e e c c t t o o r r G G e e n n e e r r a a l l s s a a y y s s b b u u i i l l d d e e r r s s h h i i d d p p r r o o f f i i t t s s P P r r o o b b e e e e x x a a m m i i n n e e s s l l o o w w - - c c o o s s t t h h o o u u s s i i n n g g C C h h e e l l m m s s f f o o r r d d p p l l a a n n s s f f o o r r w w a a t t e e r r p p l l a a n n t t b b l l o o c c k k e e d d C C h h e e l l m m s s f f o o r r d d r r e e s s t t a a u u r r a a n n t t s s h h u u t t s s d d o o w w n n C C h h e e l l m m s s f f o o r r d d r r e e c c e e i i v v e e s s $ $ 1 1 5 5 7 7 G G e e n n e e r r g g y y g g r r a a n n t t

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Page 1: Jan 11th 2009   I N  T O W N  R E P O R T

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Greater Lowell seeks $363M from federal stimulusGreater Lowell seeks $363M from federal stimulusBy Matt Murphy, [email protected]: 01/10/2009 06:39:22 AM EST

BOSTON -- Lowell and the city's suburbs will have no problem spending a federal stimulus check from the new Obama admin-istration, submitting a wish list this week to the state totaling more than $363 million in public-works projects.

The projects range from a new town hall in Dracut to a new Fire Department headquarters in Chelmsford, along with $45 mil-lion for Lowell's burgeoning Hamilton Canal District development.

"We're very hopeful," said Lowell City Manager Bernie Lynch. "We see this as an opportunity to move forward with a numberof important projects in the city, the Hamilton Canal District being one."

All of the projects must be ready to start construction within 180 days, and be completed within two years.

-----------------Gov. Deval Patrick met with President-elect Barack Obama's administrationWednesday inWashington, D.C., to discuss detailsof the federal stimulus package, which could total up to $800 billion.

A large portion of that money is expected to be invested in public-works projects across the country to put people back towork and help communities that otherwise can't afford the maintenance.

"Obviously there's a pent-up need for these projects because of the constraintswe've been working under at the municipal level," said Chelmsford Town ManagerPaul Cohen. "This would put a lot of people to work but also provide long-standingbenefits to the community."

Chelmsford submitted $27.5 million in requests, including $10 million for a new De-partment of PublicWorks facility and $7 million for a new Fire Department headquar-ters.

To read the whole story...http://www.lowellsun.com/todaysheadlines/ci_11423149

Where money would be spentWhere money would be spentThe Lowell Sun Updated: 01/10/2009

A partial list of what local communities hope to getA partial list of what local communities hope to getfrom Barack Obama's federal stimulus package:from Barack Obama's federal stimulus package:http://www.lowellsun.com/todaysheadlines/ci_11423151

Chelmsford: $27.5 millionChelmsford: $27.5 million$10 million, new DPW facility$10 million, new DPW facility

$7 million, new central fire headquarters$7 million, new central fire headquarters

$760,000, Billerica Road sidewalks$760,000, Billerica Road sidewalks

Page 4: Jan 11th 2009   I N  T O W N  R E P O R T

School leaders keepSchool leaders keepclose eye on voke costsclose eye on voke costs

By Alexandra Mayer-Hohdahl, [email protected]: 01/11/2009 09:23:00 AM EST

As they watch their budgets steadily grow tighter, Greater Lowell school officials are about toenter a new budget season with program cuts, student fees and staff layoffs weighing heavilyon their minds.

But many are also keeping a close eye on their vocational students.

For every child that goes to a technical school, their parent districts will likely have to paythousands of dollars more than if the child stayed in the hometown's public schools.

School officials from across Greater Lowell were quick to note this week that they considervocational programs to be an intrinsic part of the educational world.

"There are certain things that vocational schools can just do better," said Joanne Noonan, aguidance counselor at the Lakeview Junior High School in Dracut. "There may be a kid that'scaught up in the culinary mania. Another kid may have a family business that is right at hisdoorstep, but calls for certain skills.There should be something out there for everybody."

"Some students are just better suited for that vocational setting," Lowell Superintendent ChrisScott added. "And we just want what's best for them."

Yet, many officials agree, it's also an area that must be monitored carefully.

A vocational school education usually comes with a higher price tag, as it often calls for spe-cialized equipment, advanced technology and salaries high enough to attract teachers who arehighly qualified in their trades. ShawsheenTech and the other two vocational schools in thearea -- Greater Lowell Technical High School and Nashoba Valley Technical High School --spend at least $14,000 per pupil on their budgets, according to the most recent data availablefrom the Massachusetts Department of Education.

That translates into equally high assessments to their member towns.Tewksbury, for instance,pays about $12,000 for every student that goes to ShawsheenTech, while only shelling outabout $9,000 for every pupil who attends schools within its district.

"The money follows every student who goes to a vocational school,""The money follows every student who goes to a vocational school,"Chelmsford Superintendent Donald Yeoman noted. "If too many kids go oneChelmsford Superintendent Donald Yeoman noted. "If too many kids go oneway, we are often left with no choice but to lay off teachers. Vocational eduway, we are often left with no choice but to lay off teachers. Vocational edu--cation is a great option, but when the state sets it up so that everyone iscation is a great option, but when the state sets it up so that everyone iscompeting for the same dollar, it's tough."competing for the same dollar, it's tough."

For more of the story CLICK HERE... http://www.lowellsun.com/todaysheadlines/ci_11428942

Page 5: Jan 11th 2009   I N  T O W N  R E P O R T

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EElleeccttiioonn sseeaassoonn ggeettss uunnddeerr wwaayy EElleeccttiioonn sseeaassoonn ggeettss uunnddeerr wwaayy By Kevin Zimmerman/Staff Writer

Tue Jan 06, 2009

CHELMSFORD - Some candidates wasted little time pulling nominationpapers on the first day they were available at the Town Clerk’sOffice Monday.

DDoonnaalldd VVaann DDyynnee, 43, who currently serves on the Finance Committee, has decided to seek one of the two open seats on theBoard of Selectmen. “It’s the right thing to do at the righttime,” said Van Dyne. “The right thing to do is step up during acrisis.” Van Dyne, who has lived in town for eight years,believeshis three years on the Finance Committee and his day job of mmaannaaggiinngg iinnvveessttmmeennttss ffoorr ccoommmmeerrcciiaall pprrooppeerrttiieess will help bring abalanced approach to town government.

“This is certainly going to be an opportunity for all of us tocome together to find a way to get through this crisis,” said VanDyne. “It’s all for the good of the town. It’s all about Chelmsford.”

Over at the Planning Board, current members Bob Joyce and GeorgeZaharoolis will each seek another term.Joyce is finishing up his second term and looks forward to contin-uing his work.“I feel I can still make contributions to the board,” said Joyce.“I’d like to be involved in master plan to preserve what Chelms-ford is all about.”

Zaharoolis is still in his first term, but expects the next fewyears to bring changes to town in terms of development and rede-velopment.“The Master Plan is 13 years old and we need to bring that up todate,” said Zaharoolis. “We are pretty close to build out, so Ithink redevelopment is the issue.”He believes the town will need to address the bylaws.“They need to be made a little more friendly, but we need to besmart about it,” said Zaharoolis. “I just got my feet wet in thisfirst term. The next couple of years are going to be exciting.”

Recently appointed Planning Board member Colleen Stansfield hasalso opted to run for one of the three open seats.“It’s more interesting than I thought it would be,” she said. “I know I have a lot to learn.”

Page 6: Jan 11th 2009   I N  T O W N  R E P O R T

Stansfield, who had served as the board’s alternate, was appointeda full member after Dick Johnson resigned last fall. Another re-tirement prompted her to seek a full three-year term.“I’d be running for the unexpired seat if Pam (Armstrong) had de-cided to run again,” said Stansfield.

In other races, Cemetery Commissioner Jean McCaffery will seek an-other term as will Board of Health member Annmarie Roark.

The following town wide offices appear on the April 7 ballot:Cemetery Commission, one seat; Board of Health, one seat; LibraryBoard of Trustees, one seat; Planning Board, three seats; PlanningBoard alternate, one seat; Planning Board unexpired one-year term,one seat; School Committee, one seat; Board of Selectmen, twoseats; and Sewer Commission, one seat.

Town wide candidates must collected 50 certified signatures to beplaced on the ballot.Nomination papers are due back to the Town Clerk’s Office by 5p.m. on Tuesday, Feb. 17.Kevin Zimmerman can be reached at [email protected]._______________

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IIIInnnn CCCChhhheeeellllmmmmssssffffoooorrrrdddd,,,, ssssoooo mmmmaaaannnnyyyysssseeeeaaaattttssss,,,, ssssoooo ffffeeeewwww ccccaaaannnnddddiiiiddddaaaatttteeeessssBy Rita Savard, [email protected]: 01/07/2009

CHELMSFORD -- Town officials are hoping that one of the toughest years in Chelmsford's financial historywon't stop residents from running for political office.Nomination papers for the annual town election are available at the town clerk's office, and there are open-ings on all of Chelmsford's elected boards. But as of yesterday at 5 p.m., only one resident,But as of yesterday at 5 p.m., only one resident,Donald Van DyneDonald Van Dyne of 29 Brentwood Road, had pulled papers for one of two openof 29 Brentwood Road, had pulled papers for one of two openseats on the Board of Selectmen.seats on the Board of Selectmen.

Town Manager Paul Cohen said the recession could have a huge impact on thisTown Manager Paul Cohen said the recession could have a huge impact on thisyear's race.year's race.

"It reflects the time that's put into these positions," Cohen said. "Usually, during a"It reflects the time that's put into these positions," Cohen said. "Usually, during adifficult economy, people don't have the time because they're working a second jobdifficult economy, people don't have the time because they're working a second jobor struggling to make ends meet. It tends to lead to a downturn in candidates."or struggling to make ends meet. It tends to lead to a downturn in candidates."

Van Dyne, 43, currently the vice chairman of the FinanceVan Dyne, 43, currently the vice chairman of the FinanceCommittee, said the budget challenge is actually his mainCommittee, said the budget challenge is actually his mainreason for running.reason for running.

"I believe I have a lot to offer," Van Dyne said. "I believe I have a lot to offer," Van Dyne said. "I'm about numbers, and right now it's all "I'm about numbers, and right now it's all about numbers. I want to present a balanced about numbers. I want to present a balanced approach for a balanced Chelmsford."approach for a balanced Chelmsford."

Van Dyne, who regularly attends selectmen meetings, has served on the FinanceVan Dyne, who regularly attends selectmen meetings, has served on the FinanceCommittee for three years. He received his bachelor's degree in justice from theCommittee for three years. He received his bachelor's degree in justice from theAmerican University in Washington, D.C., and earned a master's degree in American University in Washington, D.C., and earned a master's degree in urbanurbanand financial managementand financial management, also from American University., also from American University.

Van Dyne has lived in Chelmsford for eight years with his wife, Katy, and their daughVan Dyne has lived in Chelmsford for eight years with his wife, Katy, and their daugh--ter, Maggie-Molloy, 7. He formerly served as a Town Meeting representative forter, Maggie-Molloy, 7. He formerly served as a Town Meeting representative forPrecinct 6 for three years, and on the Charter Review Committee, the Solid Waste andPrecinct 6 for three years, and on the Charter Review Committee, the Solid Waste andRecycling Committee and the Capital Planning Committee.Recycling Committee and the Capital Planning Committee.In addition to Van Dyne, Bob Joyce and S. George Zaharoolis pulled papers for re-election to the Planning Board,and Planning Board alternate Colleen Stansfield pulled papers for a seat on the Planning Board.

This year, openings include two three-year seats on the Board of Selectmen, one three-year seat on the ChelmsfordSchool Committee, three three-year seats on the Planning Board, one three-year seat on the Sewer Commission,one three-year seat on the Cemetery Commission, and two three-year seats on the Board of Library Trustees.

There are also several open seats for Town Meeting representatives in Chelmsford's nine voter precincts.

For a complete list of openings and who is running, visit www.townofchelmsford.us

Nomination papers are due back at the clerk's office by 5 p.m., on Tuesday, Feb. 17. Fifty signatures from registeredChelmsford voters are required for elected boards and commissions, and 25 for Town Meeting seats. The clerk's of-fice recommends obtaining at least 10 signatures beyond the minimum.

The town election is scheduled for April 7.

Page 8: Jan 11th 2009   I N  T O W N  R E P O R T

MATTHEW HANSON who announced he would be a candiMATTHEW HANSON who announced he would be a candi--date for Selectman way back in the summer also pulled hisdate for Selectman way back in the summer also pulled his--

nomination papers this weeknomination papers this week

Chelmsford Board of Selectmen candidate Matt Hanson Chelmsford Board of Selectmen candidate Matt Hanson previously appeared on previously appeared on

The Dennis Ready Show / Town TalkThe Dennis Ready Show / Town Talk

CLICK HERE FOR VIDEO LINKCLICK HERE FOR VIDEO LINK

http://www.lowellsun.com/politics/ci_11428938Lowell Sun Political ColumnHERE'S STILL not much of a race in Chelmsford for the Board of Selectmen.HERE'S STILL not much of a race in Chelmsford for the Board of Selectmen.

While two candidates pulled papers for two open seats, they'll coast right into the town's top political slots unlessWhile two candidates pulled papers for two open seats, they'll coast right into the town's top political slots unlessanyone else in town brings a real challenge. As vice chairman of the Finance Committee, Donald VanDyne looksanyone else in town brings a real challenge. As vice chairman of the Finance Committee, Donald VanDyne lookslike a top contender for one of the two seats being vacated by the board's longest-running members, Bill Daltonlike a top contender for one of the two seats being vacated by the board's longest-running members, Bill Daltonand Philip Eliopoulos.and Philip Eliopoulos.

College senior Matthew Hanson also pulled papers last week. Hanson is a Town Meeting representative who willCollege senior Matthew Hanson also pulled papers last week. Hanson is a Town Meeting representative who willgraduate from UMass Lowell in May with a bachelor's degree in political science.graduate from UMass Lowell in May with a bachelor's degree in political science.

As the town enters one of its most challenging budget years yet, officials say strong leadership is needed nowAs the town enters one of its most challenging budget years yet, officials say strong leadership is needed nowmore than ever. more than ever.

Whatever happened to perennial candidate Alex Buck? Whatever happened to perennial candidate Alex Buck? Buck, 34, also a Town Meeting representative, previously launched threeBuck, 34, also a Town Meeting representative, previously launched threespirited but unsuccessful bids for a place on the Board of Selectmen.spirited but unsuccessful bids for a place on the Board of Selectmen.Hopefully, neither the economy nor Hanson's karate kick (he's a martial arts pro) will stopHopefully, neither the economy nor Hanson's karate kick (he's a martial arts pro) will stopmore residents from stepping forward.more residents from stepping forward.__________________________________

Note Note Alex BuckAlex Buck is now Donald Van Dyne campaign managersis now Donald Van Dyne campaign managers

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Chelmsfordand

40BMore questions about Billerica 40BMore questions about Billerica 40B

By David Golann/CorrespondentWed Dec 31, 2008

BILLERICA - An apartment complex proposed for an area near the border betweenChelmsford and Billerica is meeting criticisms over issues include lack of adequate inputfrom town boards, pollution concerns, and proposed unit costs.

K&K Developers, which wants to build a 672-unit complex672-unit complex known as Aspen Apartmentsoff Rangeway Road, wants to put a gated emergency exit that would empty onto StateStreet in Chelmsford.

They made their case at a Dec. 3 Zoning Board of Appeals hearing.

The developers want to build the complex under the auspices of state law Chapter 40B,which allows developers to skirt some zoning restrictions if a certain percentage of unitsmeet affordable rates designated under state criteria.

But with one bedroom units at $1,071 per month — about 80 percent of what similarunits go for in town — Billerica’s Planning Board Secretary Marti Mahoney said in a letterto the ZBA, “Overall the ‘affordable’' rent levels don't seem very affordable.”Mahoney also said the developers made informal inquiries to town officials in the springbut didn’t file paperwork until Oct. 29.

Some Planning Board members took issue with the sense of confidence the developersseemed to project in their first formal requests to the town.

“The developer has indicated in his application that the proposal has been discussedwith 'Town Officials' over a period of time, creating the impression that that it enjoys theadministration's cooperation and encouragement,” wrote Mahoney. “The board wouldlike to know more about what has occurred prior to the permit application.”In their application package, the developers asked the town to waive several require-ments, including some Board of Health restrictions, which that board questioned, urgingthe ZBA to deny the waivers.

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“The applicant does not provide any reasons for seeking these waivers,” the Board ofHealth wrote, adding, “If compliance with local by-laws and regulations is unfeasible,then this matter should be discussed in a public forum and a decision rendered.”

Critics also questioned K&K’s claim that approving the project will free the town from allstate-mandated affordable housing obligations for more than a decade.

Planning Board claimed that placing residents in industrially zoned areas often createsconflicts and the Board of Health asked that potential renters be warned of the potentialfor noise or pollution.

Both boards express concern that the development might strain local schools and over-load town water and sewer systems.

The Fire Prevention Bureau also weighed in, requesting the developers upgrade the trafficsignals at nearby intersections to handle a large increase in car flow.

The developers offered to help pay for such traffic signals in their application, but thePlanning Board was not satisfied with these proposed changes.

“Rangeway Road is not constructed to accommodate major increases in traffic“Rangeway Road is not constructed to accommodate major increases in trafficvolumes,” wrote Mahoney. “It is more like a narrow country road.”volumes,” wrote Mahoney. “It is more like a narrow country road.”

Chelmsford's town government and residents also weighed in, determiningChelmsford's town government and residents also weighed in, determiningthat at least 23 local residences fall close enough to the new developmentthat at least 23 local residences fall close enough to the new developmentto be considered abutting properties.to be considered abutting properties.

A representative of K&K could not be reached for comment by deadline.

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OONNEE YYEEAARR AAGGOO.. .. ..OONNEE YYEEAARR AAGGOO.. .. ..Petition to Repeal 40B falls ShortPetition to Repeal 40B falls Short

Secretary of the Commonwealth William Galvin announced that the Coalition to Repeal 40B did not meet the minimum of 66,000certified signature requirement according to the state's initiative petition law, and that the group's question will not appear onthe November 2008 statewide ballot.

More than 70,000 voters representing 90% of the Commonwealth's cities and towns signed the petition in recent weeks. Grass-roots support for the effort to repeal 40B came from all corners of the state.

Unusual state rules about how signatures are counted are shocking many residents upon hearingUnusual state rules about how signatures are counted are shocking many residents upon hearingthe news today. The Secretary of State's office warns that: "any extraneous markings on a petitionthe news today. The Secretary of State's office warns that: "any extraneous markings on a petitionsheet will result in invalidation of all signatures contained on it." As a result, thousands of signasheet will result in invalidation of all signatures contained on it." As a result, thousands of signa--tures were disqualified and only 34,000 of the more than 70,000 collected signatures were certified.tures were disqualified and only 34,000 of the more than 70,000 collected signatures were certified.

Group organizers said they will focus their energy in coming months on educating voters about 40B's failure to produce afford-able housing. The group cites the recent Greater Boston Housing Report Card that verifies alternative affordable housing pro-grams contributed 90% greater affordable housing gains than 40B and says Massachusetts should stop subsidizing market-ratedevelopment through 40B.

Chelmsford Board of Selectmen 1-5-2009 1-5-2009 The Board talks aboutChapter 40B Reform Lawyers' Committee for Sensible Chapter 40B Reform Lawyers' Committee for Sensible Housing PolicyHousing Policy and The Municipal Coalition for Affordable Hous-ing (MCAH)

CLICK HERE FOR VIDEO CLIPCLICK HERE FOR VIDEO CLIP

More info follows...

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Begin forwarded message:

From: "Fred Marcks" <[email protected]>From: "Fred Marcks" <[email protected]>Date: January 8, 2009 7:41:00 AM ESTDate: January 8, 2009 7:41:00 AM ESTTo: "Roy Earley" <[email protected]>To: "Roy Earley" <[email protected]>Subject: Fwd: Subject: Fwd: Chapter 40B Reform - Lawyers' Committee for Sensible Housing PolicyChapter 40B Reform - Lawyers' Committee for Sensible Housing Policy

Roy,Roy,Hopefully this gives you a little background. I'll be there for it next week. Hopefully this gives you a little background. I'll be there for it next week.

---------- Forwarded message ----------From: Daniel Hill <[email protected]>Date: Tue, Dec 23, 2008 at 1:35 PMSubject: Chapter 40B Reform - Lawyers' Committee for Sensible Housing PolicyTo:

Dear Clients and Colleagues,

I am writing to you today because I believe you share my frustration and general distaste with the state's de facto affordablehousing policy – Chapter 40B. There have been many good-intentioned efforts to amend the statute, or change how its admin-istered by DHCD. Those efforts, however, have failed to bring about any meaningful changes, due in part to their own weak-nesses and, more significantly, to the strength of the homebuilder lobby on Beacon Hill.

As you have probably noticed, political atmosphere has shifted somewhat on Beacon Hill on this issue. I've decided to takeon the task of drafting the reform bill that we've all been thinking about for the last 5 to 10 years, and lead the effort to get itpassed in 2009. The bill (attached) incorporates the reform policy platform adopted by the Municipal Coalition for AffordableHousing (37 member cities and towns and growing), and has been formally endorsed by that organization. In a nutshell, thebill does the following things:

(1) It empowers municipalities to create their own housing subsidy programs under Chapter 40B, letting cities and town setthe terms for friendly 40B projects;

(2) It refines and codifies the definition of "limited dividend organization," strengthening the enforcement of that importantelement of the statute;

(3) It infuses smart growth and other rational planning principles into the statute by encouraging municipalities to adopt"urban growth boundaries" within their borders, or in partnership with neighboring communities, and gives municipalities areprieve from 40B if they adopt zoning bylaws that facilitate the construction of affordable housing;

(4) It gives municipalities the option of working with other communities to develop regional housing plans, and permits thetrading of "housing credits" among members of regional housing planning districts;

(5) It creates a new Municipal Initiative Housing Trust Fund, which communities can tap to pay for critical pre-developmentfeasibility and design costs, and to develop regional housing plans; and

(6) It establishes a "Chapter 40B Integrity Study Commission" charged with recommending reforms to prevent fraud andabuse in the accounting and reporting of profits in Chapter 40B projects.

I would be honored to have your support and endorsement of this bill. I will be forming a "Lawyers' Committee for SensibleHousing Policy" that will be the organizational entity advocating for the passage of the bill, together with the Municipal Coali-tion. The Committee has two membership categories – attorneys, and other professionals . Even if you don't necessarilyagree with all of the language of the bill, if you agree with the underlying concepts I hope that you will consider supporting thebill anyway – the language will inevitably change as the bill moves through the legislature. Joining the Lawyers' Committeedoes not carry with it any obligations whatsoever (of course, we'd welcome any active support). All it means is that you sup-port the reform concepts laid out in the bill And to respect your concerns about the legitimacy of this organization, I will notpublicly disclose your support until there are at least 50 others who have also signed on.

If you're angry about 40B, or just disillusioned with how the state has chosen to interpret and administer it, now is the time tostand up and have your voice be heard. Our filing deadline is January 14th, and we're trying to line up as much support aspossible before we file the bill. Please let me know if I can add your name to our list of supporters.

Thank you for your consideration and best wishes for a warm and safe holiday.

-Dan__________________________

Daniel C. Hill, Esq.

Law Offices of Daniel C. Hill

31 Fifth Street

Charlestown, MA 02129______________________________________________________

The draft of this reform bill is attached at the end of this sectionThe draft of this reform bill is attached at the end of this section

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http://www.mcahinfo.org/40B.htmlhttp://www.mcahinfo.org/40B.html

44440000BBBB FFFFaaaaccccttttssss aaaannnndddd FFFFiiiigggguuuurrrreeeessssMassachusetts Ranks 49 out of 52 States/Districts providing Affordable Housing

The National Low Income Housing Coalition in their report on low income housing ranked Massachu-setts 49 out of 52 States and Districts in providing affordable rental housing to the residents.

In Massachusetts, the Fair Market Rent (FMR) for a two-bedroom apartment is $1,138. In order to af-ford this level of rent and utilities, without paying more than 30% of income on housing, a householdmust earn $3,792 monthly or $45,502 annually. Assuming a 40-hour work week, 52 weeks per year,this level of income translates into a Housing Wage of $21.88. In Massachusetts, a minimum wageworker earns an hourly wage of $6.75. In order to afford the FMR for a two-bedroom apartment, aminimum wage earner must work 130 hours per week, 52 weeks per year. Or, a household must in-clude 3.2 minimum wage earner(s) working 40 hours per week year-round in order to make the twobedroom FMR affordable. In Massachusetts, the estimated mean (average) wage for a renter is$15.33 an hour. In order to afford the FMR for a two-bedroom apartment at this wage, a renter mustwork 57 hours per week, 52 weeks per year.

Or, working 40 hours per week year-round, a household must include 1.4 worker(s) earning the meanrenter wage in order to make the two-bedroom FMR affordable. Monthly Supplemental Security In-come (SSI) payments for an individual are $708 in Massachusetts. If SSI represents an individual'ssole source of income, $212 in monthly rent is affordable, while the FMR for a one-bedroom is $953. Aunit is considered affordable if it costs no more than 30% of the renter's income. 43,000 Housing Unitsdeveloped under 40B in 39 years. CHAPA issued a report in February 2006 titled “The Fact Sheet onChapter 40B, the State’ Affordable Housing Zoning Law” where they indicate 43,000 40B units built:“Approximately 43,000 units in 736 developments have been created under 40B statewide since theearly 1970s (an average size of less than 60 apartments or homes per development). This total in-cludes approximately 23,000 affordable homes reserved for households below 80% of median in-come. Of the 43,000 units, approximately 31,000 are apartments and 12,000 are homeownershipunits. The level of production is higher than any other single housing program available in the Com-monwealth. There has been significant progress at the local level in recent years” DHCD reports 40Bdeveloped less than 20% of Subsidized Housing DHCD report on Subsidized Housing Inventorydated February 28, 2007 indicated the following:

Track Record-- Disappointing at less than 2% of Housing over 37 yearsTrack Record-- Disappointing at less than 2% of Housing over 37 years

In the 2000 census there were 2,526,963 households in Massachusetts Currently DHCD estimates9.5% of these or 238,931 units of subsided housing Approximately 1 million of the 2.5 million totalhousing units are apartments. Conclusion These reports indicate that Chapter 40B has created 18%of the subsidizing housing units in the Commonwealth (43,000 units of 40B projects vs. 238,000 oftotal subsidized units). 18% is not had a significant percent of the affordable housing in Massachu-setts. Of the total 2.5 million housing units in Massachusetts, 40B has provided less than 2% of totalhousing over 37 years. Rental units have increased by 31,000 our of 1,000,000 or 3% over 37 years.Whereas, homeownership units have increased by 12,000 out of 1,500,000 or less than 1% over 37years. On average 40B has added 1,162 units per year over 37 years or .05% per year.On average 40B has added 1,162 units per year over 37 years or .05% per year.These numbers are an embarrassment to anyone interested in developing affordableThese numbers are an embarrassment to anyone interested in developing affordablehousing for the residents in Massachusetts.housing for the residents in Massachusetts. The conclusion that one reaches fromThe conclusion that one reaches fromthese statistics is that 40B has not been an effective tool to develop affordable housthese statistics is that 40B has not been an effective tool to develop affordable hous--ing in Massachusetts and that we need a new approach.ing in Massachusetts and that we need a new approach.

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TTIIMMEE CCAAPPSSUULLEE FFLLAASSHHBBAACCKKTTIIMMEE CCAAPPSSUULLEE FFLLAASSHHBBAACCKKArchive

http://www.wickedlocal.com/chelmsford/archive/x1149874740

It’s time to repeal 40BIt’s time to repeal 40BWed Oct 31, 2007Wed Oct 31, 2007

CHELMSFORD - To the Editor:

We support the “Repeal 40B” ballot initiative and ask you to help collect signatures to place this question on the ballot in2008. We have only one month left.

Chelmsford has had more 40B projects than any of the 161 communities in Greater Boston. The impact these high-density developments have on our infrastructure is significant, yet real gains in affordable housinghave come from our local programs. We take affordable housing seriously and want to focus on local and regional plansthat meet our needs.

With Massachusetts ranking 49th in housing affordability, we need a better approach to providing affordable housing. Created in 1969, 40B was meant to produce affordable rental properties. The law now focuses on producing upscale homes. Regulated by the state, this law does not allowcommunities to produce the affordable housing we need. On Oct. 23, the State Inspector General testified that, “this 40Bscandal is one of the worst abuses in state history.”

We are declaring our independence from 40B by collecting the 66,000 voter signatures required to eliminate four sections of this law.

Consider this:Developers have used 40B to override local zoning rules for density, conservation, and type of housing in over 800 developments statewide.

40B limits the definition of "affordable" so much that people who need it most are not helped by it.The 40B Appeals "court" follows state regulations that support development, thus giving communities no fair chance for appeal.

40B developers "bait and switch." Once permitted, developers can sell the land to others who can change developmentplans.

Since 40B development has produced record numbers of total units, the percentage of affordable housing produceddropped 44% to a record low!

By repealing only sections 20-23 of 40B, we return to existing laws that fairly define “affordable housing” to include low-income people and middle-class families; eliminate the developer-focused appeals “court,” creating an impartial appeals process; improve local and regional control for affordable housing that meets local needs and stops the state from forcing upscale development.

No other state subsidizes market-rate development through affordable housing laws.Help us today. 40B makes developers and their banks determine profits and project sizes and we have no right to appeal.We urge you to sign the “Repeal 40B” petition. To sign a petition near you, visit www.Repeal40B.com.

Fred Marcks Clare JeannotteDiane & Roy Earley Tom ChristianoSam Chase Philip ElioupolosJodi O'Neill Deirdre Connolly

Bill Dalton

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Turn history into housingOld and North town halls eyed for redevelopmentOld and North town halls eyed for redevelopmentBy Kevin Zimmermanstaff writer

Later this month the Chelmsford Housing AuthorityChelmsford Housing Authority is expected to present the Board of Selectmenwith a plan to convert the Old Town Hall and the North Town Hall into housing units.

The authority has hired the Women’s Institute for Housing and Economic DevelopmentWomen’s Institute for Housing and Economic Development to exploreways to turn the two buildings into affordable housing for low-income women and families.

Rebecca Mautner, director of real estate for the womens’s institute, con-firmed the housing authority has hired her organization, but referred allquestions to David HedisonDavid Hedison, the housing authority’s executive director.

In an e-mail, Hedison said he would discuss the plan after it has beenmade public. “I am more than happy to meet with you to discussI am more than happy to meet with you to discussthese projects once they have been presented to the BOS,these projects once they have been presented to the BOS,”wrote Hedison.“I will also be meeting with the Historic Commission at their nextI will also be meeting with the Historic Commission at their nextmeeting.meeting.”

Historic CommissionHistoric Commission Chairman George Merril said his boardhas not been contacted about the proposals. David HedisonDavid Hedison,Housing Authority’s

Executive Director

Although the Historic Commission only controls the outside of the buildings, Merrill would prefer his groupto be part of any changes to the structures. “They haven’t come to us. We’ve seen no plans,They haven’t come to us. We’ve seen no plans,” saidMerrill.”As Chairman of the Historic Commission it’s a little disappointing they’ve gone this farAs Chairman of the Historic Commission it’s a little disappointing they’ve gone this farwithout talking to us.without talking to us.”

The North Town Hall, situated on Princeton Street near Vinal Square, has beenshuttered for years and was last used as an office for the school administration.

Any changes of use would require Town Meeting approval,said Town Manager Paul Cohen.

“We would preserve the exteriorWe would preserve the exterior.”said Cohen.“And we will look to see if theAnd we will look to see if thecommunity wants to bring themcommunity wants to bring theminto housing.into housing.Just to sit there and ignore themJust to sit there and ignore themdoesn’t do the building justice.doesn’t do the building justice.”

Town Manager Paul CohenTown Manager Paul Cohen

Kevin Zimmerman can be reached at [email protected]

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TThhee ccoommppaannyy iiss oonnllyytthhiiss ffaallll,, bbuutt tthhee pprroocceessss sslloowweedd ddoowwnn uunneexxppeecctteeddllyy.. TThhee ccoommppaannyy iiss oonnllyynnooww mmaakkiinngg tthhee nneecceessssaarryy ffiilliinnggss ttoo bbeeccoommee aa bbrrooaaddbbaanndd pprroovviiddeerr iinnnnooww mmaakkiinngg tthhee nneecceessssaarryy ffiilliinnggss ttoo bbeeccoommee aa bbrrooaaddbbaanndd pprroovviiddeerr iinnCChheellmmssffoorrdd..CChheellmmssffoorrdd..““TThheeyy aarree ggooiinngg tthhrroouugghh aa lloott iinn tteerrmmss ooff eexxppaannssiioonn rriigghhtt nnooww,,”” ssaaiidd CCoohheenn..““TThheeyy aarree ggooiinngg tthhrroouugghh aa lloott iinn tteerrmmss ooff eexxppaannssiioonn rriigghhtt nnooww,,”” ssaaiidd CCoohheenn..““PPaarrtt ooff iitt iiss tthhee eeccoonnoommyy.. TThheeyy ccaann oonnllyy aaffffoorrdd ttoo iinnvveesstt ssoo mmuucchh ssoo ffaasstt..””““PPaarrtt ooff iitt iiss tthhee eeccoonnoommyy.. TThheeyy ccaann oonnllyy aaffffoorrdd ttoo iinnvveesstt ssoo mmuucchh ssoo ffaasstt..””CCoohheenn pprreeddiiccttss tthhaatt iinnssttaallllaattiioonn wwiillll ttaakkee 1122 ttoo 1188 mmoonntthhss,, wwiitthh ssoommee ccuussCCoohheenn pprreeddiiccttss tthhaatt iinnssttaallllaattiioonn wwiillll ttaakkee 1122 ttoo 1188 mmoonntthhss,, wwiitthh ssoommee ccuuss----ttoommeerrss sseeccuurriinngg sseerrvviiccee bbeeffoorree tthhee eenndd ooff 22000099..ttoommeerrss sseeccuurriinngg sseerrvviiccee bbeeffoorree tthhee eenndd ooff 22000099..TThhee ffiinnaall ccoonnttrraacctt wwiillll lliikkeellyy iinncclluuddee aa ddeeaaddlliinnee ffoorr ccoommpplleettiinngg tthhee ssyysstteemm..TThhee ffiinnaall ccoonnttrraacctt wwiillll lliikkeellyy iinncclluuddee aa ddeeaaddlliinnee ffoorr ccoommpplleettiinngg tthhee ssyysstteemm..““TThheeyy ddiidd tthhee ttoowwnn ooff TTeewwkkssbbuurryy iinn ssiixx mmoonntthhss,,”” ssaaiidd SSeelleeccttmmaann BBiill ll DDaallttoonn““TThheeyy ddiidd tthhee ttoowwnn ooff TTeewwkkssbbuurryy iinn ssiixx mmoonntthhss,,”” ssaaiidd SSeelleeccttmmaann BBiillll DDaallttoonnaatt tthhee bbooaarrdd’’ss llaasstt mmeeeettiinngg..aatt tthhee bbooaarrdd’’ss llaasstt mmeeeettiinngg..

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Well it has been nearly a year since news about the power plant proposal was presented to a few dozenWell it has been nearly a year since news about the power plant proposal was presented to a few dozenChelmsford citizens at the town libraryChelmsford citizens at the town library

The fire was lit and it spread quickly.The fire was lit and it spread quickly.

Take a trip in the WAY BACK MACHINE and take a look at those initial emails that flew around town...Take a trip in the WAY BACK MACHINE and take a look at those initial emails that flew around town...

******************************************************

Hello Neighbors,

With everything going on in town I thought I would pass along some info on something that just might be slipping in underthe radar.

In Billerica on the Chelmsford border there is a proposal to build a 348 Megawatt Power plant on the banks of the Concordriver.I attended an info meeting last night (1/29) at the library about this.

And thought it is important enough that the word should get out to all those who might find this alarming.

The following are a few emails that went around town today...

PPPP OOOO WWWW EEEE RRRR PPPP LLLL AAAA NNNN TTTT BBBB UUUU ZZZZ ZZZZ

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----- Original Message ----From: Roy Earley <[email protected]>To: Tom Christiano <[email protected]>; Barb Belanger <[email protected]>Cc: Laurie Myers <[email protected]>; Debbie Dery <[email protected]>; PAUL DAVIS <[email protected]>; MatthewCilento <[email protected]>; Mike Combs <[email protected]>; Mike Rigney <[email protected]>; Deirdre Connolly <[email protected]>; Colleen Stansfield <[email protected]>; Mary Tiano <[email protected]>;Jodi O'Neill <[email protected]>; Brian Latina <[email protected]>Sent: Tuesday, January 29, 2008 11:02:42 PMSubject: Billerica Power Plant on Chelmsford's border info

Hi,

I attended the info meeting at the library tonighton the proposed Billerica power plant on Chelmsford's border

I'm just sorting through the notes from tonight

For what it's worth take it or leave it.

There were only about 20 to 30 people therenot all Chelmsford (Billerica, Tewksbury, Lowell were represented)

One member of the board of health was there. Not one member or representative from Town Hall was there.And I do not think any TM Reps were there either. It was embarrassing

At the beginning they asked if there were any town or state officialsin attendance. A person representing Sen.Fargo was there but no one else spoke up. By the end of the 90 minutes the Board of Health member made himself known and wanted more info on everything that was presented. A TV camera was taping I did not askif it was for Chelmsford Tele-media.

Just a few things that stood out tonight though

Taken from their info at http://www.billericapowerplant.org/index.htmHigh-Level Concerns

Based entirely on publicly available information including the Draft Environmental Impact Report dated September 11th, 2007 andhealth-related data from the American Lung Association, we believe there will be a significant health impact to those living within fivemiles of the site. This is due to the air pollution generated by the plant’s six 80-foot stacks. There are also several real safety issues,each of which has different consequences depending on where you live relative to the plant.

Power Company

The power company is Montgomery Energy Billerica Power Partners, LLP. Montgomery Energy is based in Magnolia, TX and has an of-fice Burlington, CT. MEBPP is working with DG Clean Power, LLC of Thornton, NH. The stated role of DGCP is to aid in the licensingand permitting process.

The plant itself is currently being permitted for 2300 hours of operation per year, 2100 on natural gas, 200 on diesel. This equates to anaverage of 6.3 hours of operation per day, every day. The plant will be unmanned, and is designed to be brought online, remotely, attimes of peak demand by ISO New England.

Power Plant by remote control that give me a warm feeling

The plant will operate on natural gas but... will have Diesel fuel on hand for back up. In fact it will have 500,000 gallons of flammablediesel fuel and 50,000 gallons of a hazardous chemical Aqueous Ammonia stored above ground less than 750 feet from the Concordriver.

It will be remotely monitored from several miles away

If an Aqueous Ammonia tank ruptures, residents in the nearby surrounding areas would need to be evacuated. Emergency responsepersonnel in neighboring communities will have to be trained and equipped to deal with such a possibility. You think the town budget isstrapped now just wait and see what happens if this plant gets built. When the state says Chelmsford has to be prepared for a powerplant accident.

The Aqueous Ammonia and Diesel fuel will be trucked in on the local roads.

The east Chelmsford water district is the most at risk.

I have not confirmed it but it was said that all Chelmsford Schools are all within a 5 mile radius of the proposed plant.

This will be the 13th largest power plant in New England when (if) built

It will affect air quality within a 5 mile radius

Billerica will be paid 1.5 million a year for 20 years for letting the plant be built in town on the Concord river.

To me it was amazing the similarities between an out of state 40B developer and this out of state energy company. They come into

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MASS set up a Limited Liability company build the power plant and then sell it off,make there money dissolve the company and moveon to build next one. And the kicker is the vast majority of energy that this plant generates will be sold off to southern Conn. becausethey have a shortage.

They can not build this type of plant in Conn. because Conn. has stricter environmental laws so MASS is the place to go. (for Powerplants and 40B I guess ;)

Something I picked up on tonight,Barb what can you tell me or find out about a Real Estate law about full disclosurewhen selling a house that is near a power plant???

What is the radius 1 mile away, 2 mile 5 miles???I figured the top Chelmsford real-estate agent could get that info for me.You think a 40B can drop your property values?

There was more info on emissions and pollution (smog) asthma,heart and lung disease and other health concerns associated with such a plant.

I included an attachment from GOOGLE MAPto give you an idea where it is.

Thanks,Roy

From: Myers Family [mailto:[email protected]] Sent: Wednesday, January 30, 2008 7:14 AMTo: Tom Christiano; Barb Belanger; Roy EarleyCc: Debbie Dery; PAUL DAVIS; Matthew Cilento; Mike Combs; Mike Rigney; Deirdre Connolly; Colleen Stansfield; Mary Tiano; JodiO'Neill; Brian LatinaSubject: Re: Billerica Power Plant on Chelmsford's border info

Roy,

Thank you for attending this meeting. This is an important issue that unfortunately has taken the back seat in this area. Our town maynot be within the 5 mile radius, but these chemicals will be brought in on the same roads we use every day, and if there's an accident atthe facility, we will realize how close we are. What about this remote control business? Will they be hiring a lookout in the neighbor-hood? Sheesh!

There's a public's right to know act that would force them to disclose the chemical's being kept at the facility, but I don't think realtors areobligated to disclose such a thing. I'm looking forward to Barb's response.

I've been trying to find some information about Aqueous Ammonia....Are there any experts out there?

http://www.apcc.org/clientuploads/downloads/DRI/canal.pdf

So many issues, so little time....Laurie

Begin forwarded message:From: "Earley, Roy" <[email protected]>Date: January 30, 2008 7:58:32 AM ESTTo: "Myers Family" <[email protected]>, "Tom Christiano" <[email protected]>, "Barb Belanger" <[email protected]>, "Roy Earley" <[email protected]>Cc: "Debbie Dery" <[email protected]>, "PAUL DAVIS" <[email protected]>, "Matthew Cilento" <[email protected]>,"Mike Combs" <[email protected]>, "Mike Rigney" <[email protected]>, "Deirdre Connolly" <[email protected]>,"Colleen Stansfield" <[email protected]>, "Mary Tiano" <[email protected]>, "Jodi O'Neill" <[email protected]>, "BrianLatina" <[email protected]>, "Clare Jeannotte" <[email protected]>Subject: RE: Billerica Power Plant on Chelmsford's border info

Actually Aqueous Ammonia is safer than what they could be usingbut if there was an accident or leak it would still require an evacuationfrom surrounding residential areas. It is also a homeland security issuehaving that much hazardous chemicals and fuel so close to populated areas.50,000 gallons is a lot. At one of the Tyco plants I work at we had a Ammonia tankthat was 5 to 8 thousand gallons and if there was ever an accident or leak we wouldhave been evacuating a few blocks

Begin forwarded message:From: Tom Christiano <[email protected]>Date: January 30, 2008 4:47:24 PM ESTTo: Roy Earley <[email protected]>Cc: Barb Belanger <[email protected]>, Laurie Myers <[email protected]>, Debbie Dery <[email protected]>,PAUL DAVIS <[email protected]>, Matthew Cilento <[email protected]>, Mike Combs <[email protected]>, Mike Rigney<[email protected]>, Deirdre Connolly <[email protected]>, Colleen Stansfield <[email protected]>, MaryTiano <[email protected]>, Jodi O'Neill <[email protected]>, Brian Latina <[email protected]>

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Subject: Re: Billerica Power Plant on Chelmsford's border infoReply-To: [email protected]

Thanks for that excellent summary of this power plant issue Roy. It looks like something we should be fighting against it here in Chelms-ford,

as it's very close to many of our townspeople.

I printed this out so we can talk about it on our February 12th PI Show.

Thanks for all of your efforts on this issue.TomCHRISTIANO PRODUCTIONS:POLITICALLY INCORRECT: Tues & Weds 8:30 PM;

Thurs 7:00 AM; Sundays 11:00 AMREEL TALK: Thursdays 8:00 PM and Saturdays 8:30 PMSPOTLIGHT ON CHELMSFORD: Various Times Chelmsford Cable TV Channel 8

On Jan 30, 2008, at 5:35 AM, Deirdre Connolly wrote:Yikes! That is truly breathtaking! Thanks for going Roy and gathering and promulgating this info. Does it sound like there is a prayer tofight it?? (I was at the ambulance ctee mtg last night) Deirdre

Begin forwarded message:From: Roy Earley <[email protected]>Date: January 30, 2008 4:48:34 PM ESTTo: Deirdre Connolly <[email protected]>Cc: Tom Christiano <[email protected]>, Laurie Myers <[email protected]>, Barb Belanger<[email protected]>, Debbie Dery <[email protected]>, PAUL DAVIS <[email protected]>, Matthew Cilento <[email protected]>, Mike Combs <[email protected]>, Mike Rigney <[email protected]>, [email protected], ColleenStansfield <[email protected]>, Mary Tiano <[email protected]>, Jodi O'Neill <[email protected]>, Brian Latina<[email protected]>, [email protected], Clare Jeannotte <[email protected]>, Alex Buck<[email protected]>Subject: Re: Billerica Power Plant on Chelmsford's border info (continued)

Hi Deirdre,

From what was said last night this Plant would have been approved and gone through by nowexcept for the local citizens who banded together to fight the proposal.

http://www.billericapowerplant.org/index.htm http://groups.yahoo.com/group/BillericaWatchers/

It was supposed to break ground in April now they are saying fall of '08

In Laurie's email I caught that she wrote(Our town may not be within the 5 mile radius, but these chemicals will be brought in on the same roads we use every day, and if there'san accident at the facility,we will realize how close we are. )

Actually there is a lot of Chelmsford in that 5 mile radius

IncludingParker School just squeezes by at 5.1 miles from the power plantCenter School is 4.8 milesWestlands School is 4.6 milesMurdoch School is 3.0 miles

Also for Laurie's request on info about Aqueous Ammonia

http://www.atsdr.cdc.gov/mhmi/mmg126.htmlSynonyms include ammonia gas, anhydrous ammonia, and liquid ammonia. Aqueous solutions are referred to as aqueous ammonia,ammonia solution, and ammonium hydroxide.

Persons exposed only to ammonia gas do not pose significant risks of secondary contamination to personnel outside the Hot Zone. Per-sons whose clothing or skin is contaminated with liquid ammonium hydroxide can secondarily contaminate response personnel by directcontact or through off-gassing ammonia vapor.Ammonia dissolves readily in water to form ammonium hydroxide a corrosive, alkaline solution at high concentrations.Ammonia's pungent odor and irritating properties usually provide adequate warning of its presence; however, olfactory fatigue canoccur. Inhalation can result in fatalities.I believe I heard one of the presenters mention in passing that the Linn Murdoch school was within the Hot Zone area last night.

They also talked a lot about Particle Pollution caused by such a power planthttp://lungaction.org/reports/sota07_heffects_particlepollution.html

They said according to the Massachusetts Department of Environmental Protection 2004 Source Water Assessment and Protection (SWAP) Reportthat the East Chelmsford Water District would be in the most danger of contamination

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from the power plant on the other side of the Concord river.http://www.mass.gov/dep/water/drinking/3056001.pdfThe wells for the East Chelmsford Water District are located at the southeasterly end ofCanal Street, to the east of the Route 3 interchange to the Lowell Connector and Route495, and to the east of Hales Brook. Both wells have a Zone I radius of 400 feet. Thewells are located in an aquifer with a high vulnerability to contamination due to theabsence of hydrogeologic barriers (i.e. clay) that can prevent contaminant migration.

CHELMSFORD INDEPENDENT ARTICLEhttp://www.wickedlocal.com/chelmsford/news/x1151556265

Residents vs. power plantBy Andy Metzger/Staff WriterWed Jan 30, 2008

CHELMSFORD -

Area residents gathered at the Chelmsford Public Library Tuesday night to rail against a power plant being proposed along the ConcordRiver in Billerica.

DG Clean Power LLC has applied to the Department of Public Utilities to build a 348-megawatt power plant, burning natural gas anddiesel fuel.

“This can’t happen. This is a danger,” said South Chelmsford resident Jackie Cunniffe. “It’s abominable that this would ever be approved.”Cunniffe worried about her 18-month-old and 4-year-old children, and her husband Kiernan, who has asthma.

East Chelmsford resident and mother of two Theresa Evans, had similar worries.Evans, who expects to give birth to a third child next week, said area residents should not suffer, so that other communities can usemore electricity.

Already, legislators from Tewksbury and Billerica have joined the groups opposed to the power plant plan, and Steve Flynn attended themeeting for Sen. Susan Fargo, D-Lincoln.Several discrepancies cropped up between a memo submitted by DG to the Billerica Board of Selectmen and allegations made duringthe meeting.

The memo said there would be no direct discharge or withdrawal from the Concord River, but Tewksbury Resident Victor Impink said thepower company could still draw water from the river through town-operated pumps.

Air quality engineer and Billerica resident Lynne Santos said DG had not accounted for existing fine particulate pollution.

“I have an issue with how they performed their modeling to find particles,” Santos said.

But DG’s memo claims its study accounted for emissions from the Lowell L’Energia plant and still complied with National Ambient AirQuality Standards.

Santos said DG avoided rules that require a risk management plan, by using a mixture with 19 percent ammonia to water, rather thanthe 20 percent that would require the emergency plan.

People at the meeting worried the DG plan would sail through the approval process, because of a lack of neighborhood activism.

“The look at the town and go, ‘Oh, we won’t have any trouble here. This isn’t Wellesley. We’ll be OK,’” Impink said.

The power plant could send $1.5 million in revenue to Billerica every year, Impink said.

“The problem is, all of us are struggling financially,” said Caroline Ahdab of Pepperell. “They know the towns are in trouble.”

Staff Writer Andy Metzger can be reached at 978-371-5745 or at [email protected].

*************************************************************************************************************************************

---------- Forwarded message ----------

FYI:----- Original Message -----From: Roy EarleyTo: Samuel ChaseCc: Cohen, Paul ; Clare Jeannotte ; Philip Eliopoulos ; [email protected] ; [email protected]: Wednesday, January 30, 2008 6:44 AMSubject: Power Plant Information Session???

Hi Sam,

I was just wondering why there was no one representingthe BOS or Town management at the info session last nightabout the proposed power plant on the border of east Chelmsford?

I know there are plenty of number one priorities on the table right now.

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So I can under stand how something like this can slip under the radar.not being directly inside Chelmsford and on the border in Billerica.

But I also know that there was concern over a 40B project that was developing on the border of Chelmsford in Westford last year.And one would think that a power plant might be a bigger threat to public health and saftey than a 40B project on the town line?

Just a thought?Roy

From: Samuel Chase [mailto:[email protected]] Sent: Wednesday, January 30, 2008 7:07 AMTo: Roy EarleyCc: Cohen, Paul; Clare Jeannotte; Philip Eliopoulos; [email protected]; [email protected]: Re: Power Plant Information Session???

Hello Roy,

Just because we may not be seen at one public event does not mean that an issue has "slipped under the radar." Paul and Evan Belansky have been engaged and following the development to ensure that the Town's interests are represented. We received a packetlast week containing extensive information about the Power Plant and its siting, and we discussed the issue at our meeting on Monday.We decided that our next step will be to discuss the matter with the Billerica Board of Selectmen after which we will decide what actionto take.

Regards,

Sam-----------------------------------------------------------------------------------

If you feel that this Plant could pose a health and safety concern to Chelmsford let your Selectmen know by dropping them a quickemail.Thanks,Roy Earley184 Chelmsford Street

*****************************************************************************____________________________________________________________________________________________________________

What a difference a year makes.What a difference a year makes.A few of the concessions made by DG CLEAN POWER due to the public outA few of the concessions made by DG CLEAN POWER due to the public outcry, include that the plant no longer will be unmanned.cry, include that the plant no longer will be unmanned.AA security gaurdsecurity gaurd will be on site 24 hours a day,seven days a week.will be on site 24 hours a day,seven days a week.I’m getting that warm cozy feeling again, somehow I’m not picturing a security gaurdalong the lines of Sylvester Stallone or Arnold Schwarzenegger :):)

Also in the Also in the current plancurrent plan the 50,000 gallon tanks of Aqueous Ammonia willthe 50,000 gallon tanks of Aqueous Ammonia willbe moved away from the Concord river be moved away from the Concord river (and moved closer to residential areas).------------------------------------------------------------------------------------------------------------------------************************************************************************************************************Past Videos LinksPast Videos LinksBillerica Power Plant Discussion on Politically Incorrect with Tom Christiano -Billerica Power Plant Discussion on Politically Incorrect with Tom Christiano -

Billerica Power Plant/Chelmsford Board of Selectmen meeting Feb 25th 2008 Part 2Billerica Power Plant/Chelmsford Board of Selectmen meeting Feb 25th 2008 Part 2Billerica Power Plant/Chelmsford Board of Selectmen meeting Feb 25th 2008 Part 4Billerica Power Plant/Chelmsford Board of Selectmen meeting Feb 25th 2008 Part 4

Fred Marcks on Town Talk w/ Dennis Ready -TOPIC: Billerica Power PlantFred Marcks on Town Talk w/ Dennis Ready -TOPIC: Billerica Power Plant

Billerica Power Plant/TOWN TALK w/Dennis Ready -3-6-08 - 18:26 - Mar 8, 2008 Billerica Power Plant/TOWN TALK w/Dennis Ready -3-6-08 - 18:26 - Mar 8, 2008

Billerica Power Plant / Q & A / April 17th - SegmentsBillerica Power Plant / Q & A / April 17th - Segments

Politically Incorrect With Tom Christiano / State Rep Tom Golden Talks Billerica Power PlanPolitically Incorrect With Tom Christiano / State Rep Tom Golden Talks Billerica Power Plantt

************************************************************************************************************************************************************************************The MASS ENERGY BOARD this month will officially give their blessing The MASS ENERGY BOARD this month will officially give their blessing formally in writing for the proposed power plant in Billerica.formally in writing for the proposed power plant in Billerica.************************************************************************************************************************************************************************************

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The latest news...The latest news...http://www.lowellsun.com/local/ci_11370966http://www.lowellsun.com/local/ci_11370966

Resident seeks ballot question on power plantResident seeks ballot question on power plant

By Chris Camire, [email protected] Chris Camire, [email protected]: 01/05/2009Updated: 01/05/2009

BILLERICA -- One month after successfully lobbying for a bylaw focusingBILLERICA -- One month after successfully lobbying for a bylaw focusingon power plants at Special Town Meeting, Jeanne Landers has set heron power plants at Special Town Meeting, Jeanne Landers has set hersights on inserting the issue into the upcoming town election.sights on inserting the issue into the upcoming town election.

Landers, a Town Meeting representative, would like to put a nonbindingLanders, a Town Meeting representative, would like to put a nonbindingquestion on the ballot asking voters whether they support the constructionquestion on the ballot asking voters whether they support the constructionof a 348-megawatt power plant proposed for North Billerica.of a 348-megawatt power plant proposed for North Billerica.

The move might not carry any legal power, but Landers hopes it will pack aThe move might not carry any legal power, but Landers hopes it will pack apolitical punch. She sees it as the best way to keep the issue on residents'political punch. She sees it as the best way to keep the issue on residents'minds.minds.

"I would like to get it into the public sphere to get a sense of where the"I would like to get it into the public sphere to get a sense of where thepeople stand on it," said Landers. "It would be good to get the attention ofpeople stand on it," said Landers. "It would be good to get the attention ofthe people representing the town."the people representing the town."

Landers said she would like to see the issue play a major part in the debateLanders said she would like to see the issue play a major part in the debateleading up to this year's town election.leading up to this year's town election.

One potential candidate for a seat on the Board of Selectmen, AndrewOne potential candidate for a seat on the Board of Selectmen, AndrewDeslaurier, a member of the town's Finance Committee, already has made itDeslaurier, a member of the town's Finance Committee, already has made itclear his opposition to the power plant will be a major part of his candiclear his opposition to the power plant will be a major part of his candi--dacy.dacy.

"I'd like to see the power plant take a front seat in the debate," said Lan"I'd like to see the power plant take a front seat in the debate," said Lan--ders. "It's a tremendously important issue, and it should be part of the disders. "It's a tremendously important issue, and it should be part of the dis--cussion."cussion."

Landers made waves late last year when she asked selectmen to call a SpeLanders made waves late last year when she asked selectmen to call a Spe--cial Town Meeting to consider a single warrant article to create a bylawcial Town Meeting to consider a single warrant article to create a bylawseeking to regulate power plants. The article passed in a 97-77 vote.seeking to regulate power plants. The article passed in a 97-77 vote.

It states that various town departments must review 17 criteria before anIt states that various town departments must review 17 criteria before anelectric generating power plant can be built in Billerica. The list includeselectric generating power plant can be built in Billerica. The list includesimpact on wildlife, noise pollution, public safety and air quality.impact on wildlife, noise pollution, public safety and air quality.

Landers now says she may bring the bylaw back to Town Meeting thisLanders now says she may bring the bylaw back to Town Meeting thisspring to be amended, with hopes it can be made more powerful.spring to be amended, with hopes it can be made more powerful.

"Many of the comments I got from people were they wished it had more"Many of the comments I got from people were they wished it had moreteeth," said Landers. "I want to add more numbers, more specifications."teeth," said Landers. "I want to add more numbers, more specifications."

While the bylaw still has to be approved by the state Attorney General,While the bylaw still has to be approved by the state Attorney General,Town Manager Bill Williams said he has already begun thinking about whatTown Manager Bill Williams said he has already begun thinking about whathis role will be in implementing it.his role will be in implementing it.

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"I'll be the point man," said Williams. "Whenever the issue comes before a"I'll be the point man," said Williams. "Whenever the issue comes before aparticular board in town, I'll make sure that every other town board knowsparticular board in town, I'll make sure that every other town board knowsabout it before hand so we're all on the same page."about it before hand so we're all on the same page."

The $200 million, 348-megawatt Billerica Energy Center, proposed for BillerThe $200 million, 348-megawatt Billerica Energy Center, proposed for Biller--ica Avenue, has drawn opposition from a vocal group of local residents. Inica Avenue, has drawn opposition from a vocal group of local residents. InNovember, the state Energy Facilities Siting Board voted unanimously toNovember, the state Energy Facilities Siting Board voted unanimously todraft a tentative decision to approve the facility with conditions.draft a tentative decision to approve the facility with conditions.

The board is expected to reconvene soon to take a formal vote on whetherThe board is expected to reconvene soon to take a formal vote on whetherto approve the decision. But those familiar with the process say it's unlikelyto approve the decision. But those familiar with the process say it's unlikelythe board will deny a permit.the board will deny a permit.

The Massachusetts Department of Environmental Protection and the ExecuThe Massachusetts Department of Environmental Protection and the Execu--tive Office of Environmental Affairs must also issue permits for the powertive Office of Environmental Affairs must also issue permits for the powerplant. On the local level, the plant must go through the Board of Health,plant. On the local level, the plant must go through the Board of Health,Conservation Commission and Planning Board.Conservation Commission and Planning Board.__________________________________________

http://www.lowellsun.com/ci_11361841http://www.lowellsun.com/ci_11361841On first day of race, two launch challenges to Billerica selectmanOn first day of race, two launch challenges to Billerica selectman

By Chris Camire, [email protected] Chris Camire, [email protected]: 01/03/2009 Updated: 01/03/2009

BILLERICA -- Two candidates say they intend to challenge Jim O'Donnell forBILLERICA -- Two candidates say they intend to challenge Jim O'Donnell forhis seat on the Board of Selectmen this year.his seat on the Board of Selectmen this year.

Andrew Deslaurier, a member of the town's Finance Committee, and ThomasAndrew Deslaurier, a member of the town's Finance Committee, and ThomasConners, a retired deputy chief with the Billerica Police Department, pulledConners, a retired deputy chief with the Billerica Police Department, pullednomination papers yesterday at Town Hall, the first day they became availnomination papers yesterday at Town Hall, the first day they became avail --able.able.

O'Donnell, who has been a selectman since the early 1990s, also pulled paO'Donnell, who has been a selectman since the early 1990s, also pulled pa--pers.pers.

"There are some good things going on that I would like to continue working"There are some good things going on that I would like to continue workingon," said O'Donnell. "It's a good board, and there is a lot to accomplishon," said O'Donnell. "It's a good board, and there is a lot to accomplishwith the new town manager."with the new town manager."

Deslaurier, 31, has been on the Finance Committee for two years. He said heDeslaurier, 31, has been on the Finance Committee for two years. He said heplans to make his opposition to a 348-megawatt power plant proposed forplans to make his opposition to a 348-megawatt power plant proposed forNorth Billerica a major part of his campaign.North Billerica a major part of his campaign.

"There are lots of people who want their voices heard who are opposed to"There are lots of people who want their voices heard who are opposed toit," he said.it," he said.

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NNEEWWSS FFRROOMMBBIILLLLEERRIICCAAPPOOWWEERRPPLLAANNTT..OORRGGPlease share with your friends, family, and neighbors. Please share with your friends, family, and neighbors.

www.BillericaPowerPlant.orgwww.BillericaPowerPlant.org

4 January 20094 January 2009

Seasons Greetings, Happy New Year, Seasons Greetings, Happy New Year, and welcome to new readers of the update.and welcome to new readers of the update.

A significant agreement is in the works for NSTAR and Northeast Utilities toA significant agreement is in the works for NSTAR and Northeast Utilities tobuild a transmission line from Quebec to New England. The Hydro-Quebecbuild a transmission line from Quebec to New England. The Hydro-Quebecdeal would be a clean, low-carbon energy source for our region. deal would be a clean, low-carbon energy source for our region. Click hereClick hereto read the article.to read the article.

The L'Energia power plant, right off the Connector in Lowell, is seeking aThe L'Energia power plant, right off the Connector in Lowell, is seeking anew permit to connect to the Lowell sewer system. The public is invited tonew permit to connect to the Lowell sewer system. The public is invited toshare any concerns it may have about this plant hooking up to the alreadyshare any concerns it may have about this plant hooking up to the alreadystressed Lowell sewer and wastewater treatment system. stressed Lowell sewer and wastewater treatment system. Click here to register your commentsClick here to register your comments. If you made comments previously,. If you made comments previously,they should be resubmitted. The plant withdrew its first permit request andthey should be resubmitted. The plant withdrew its first permit request andhas refiled. Deadline for comments is January 9th.has refiled. Deadline for comments is January 9th.

Related to this, the Department of Environmental Protection (DEP) is lookRelated to this, the Department of Environmental Protection (DEP) is look--ing to remove the CO (carbon monoxide) monitoring station in Lowell. Theing to remove the CO (carbon monoxide) monitoring station in Lowell. Thestate is instead proposing to use the monitoring site in Worcester. With thestate is instead proposing to use the monitoring site in Worcester. With theL’Energia power plant sitting in a densely populated area and less thanL’Energia power plant sitting in a densely populated area and less than2,000 feet from an elementary and a middle school in Lowell, this makes no2,000 feet from an elementary and a middle school in Lowell, this makes nosense. Carbon monoxide is a colorless, odorless gas emitted as a by-prodsense. Carbon monoxide is a colorless, odorless gas emitted as a by-prod--uct of incomplete combustion of fossil fuels. When inhaled, CO has a highuct of incomplete combustion of fossil fuels. When inhaled, CO has a highaffinity for the body’s red blood cells, and displaces the oxygen moleculesaffinity for the body’s red blood cells, and displaces the oxygen moleculescarried to organs and other tissues. carried to organs and other tissues. Click here to read the planClick here to read the plan. . Submit your concerns and comments to Submit your concerns and comments to [email protected]@state.ma.us.Deadline for comments is January 14th.Deadline for comments is January 14th.

The company trying to build the Brockton power plant has recently anThe company trying to build the Brockton power plant has recently an--nounced its desire to build two additional plants of the same size and scalenounced its desire to build two additional plants of the same size and scalein Massachusetts. Advanced Power is facing strong opposition to its plansin Massachusetts. Advanced Power is facing strong opposition to its plansto build a 350MW gas/diesel plant in Brockton. to build a 350MW gas/diesel plant in Brockton. Click here to read the articleClick here to read the article..

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Continuing the power plant free-for-all in our state, the Energy FacilitiesContinuing the power plant free-for-all in our state, the Energy FacilitiesSiting Board just approved a Siting Board just approved a 280MW gas power plant in Ludlow280MW gas power plant in Ludlow, Massachu, Massachu--setts, just east of Springfield. Ludlow already has two other plants and issetts, just east of Springfield. Ludlow already has two other plants and isnot far from the site of the proposed Westfield power plant and the pronot far from the site of the proposed Westfield power plant and the pro--posed Russell biomass power plant.posed Russell biomass power plant.

Meetings/EventsMeetings/Events

Wednesday, February 25, 2009 Wednesday, February 25, 2009 7:00PM 7:00PM

Billerica Conservation CommissionBillerica Conservation Commission

The Billerica Conservation Commission will continue its discussion of theThe Billerica Conservation Commission will continue its discussion of theNotice of Intent filed by the developer and the review of the wetlands andNotice of Intent filed by the developer and the review of the wetlands andstormwater management issues. Billerica Town Hall, 365 Boston Road, Bilstormwater management issues. Billerica Town Hall, 365 Boston Road, Bil --lerica, MAlerica, MA

It’s not easy being GreenIt’s not easy being Green

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OOTTHHEERR NNEEWWSSOOTTHHEERR NNEEWWSSAAAAggggggggrrrreeeeggggaaaatttteeee : :

and you thought we forgotand you thought we forgot

just because their in hibernation for the winterjust because their in hibernation for the winter

VVIIDDEEOO CCLLIIPP LLIINNKKVVIIDDEEOO CCLLIIPP LLIINNKKChelmsford Board of Selectmen 1-5-09 Chelmsford Board of Selectmen 1-5-09 Clare Jeannotte on Aggregate updateClare Jeannotte on Aggregate update

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************************************************************************************************From: Belansky, Evan <[email protected]>Date: Mon, Jan 5, 2009 at 12:09 PMSubject: Proposed Chelmsford Housing Rehabilitation program - public meeting Jan 15th at 7pm - senior centerTo: "[email protected]" <[email protected]>

Mr. Roy Earley:

I am wondering if you are able to include a piece on the Town’s proposed Housing Rehabilitation program in the In TOWN NEWS Report. I have attached an invitation for a meeting on January 15th.

Thanks in advance for your consideration.

Evan Belansky

Community Development Director

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http://www.lowellsun.com/local/ci_11413952

Repair grants availableRepair grants availablefor towns' needyfor towns' needyBy Rita Savard, [email protected]: 01/09/2009

Tough times could get a little easier for two local towns' most needy if a $1 million grant comesthrough.

Officials in Chelmsford and Billerica have partnered to apply for government aid that would enablelow-income residents to make needed home repairs.

Chelmsford Community Development Director Evan Belanksy said the Housing Rehabilitation Pro-gram would benefit the town's most vulnerable citizens, especially the elderly and disabled.

"This grant money could be a big help to residents who are on a fixed income and can't otherwise af-ford to do repair work on their homes," Belansky said.

Under the Housing Rehabilitation grant, funded through the U.S. Department of Housing and Commu-nity Development, low-income families in Chelmsford and Billerica could receive up to $30,000 for cor-recting home-maintenance problems and building-code violations.

Grant money can be used toward a variety of home improvements, including lead-paint and asbestosremoval, roof, foundation or septic replacement and repairs, and new windows, plumbing, wiring, sid-ing or other necessary upgrades.

According to the 2000 Census, 7.4 percent, or 949, of all households in Chelmsford are consideredvery low income. Belansky said more than half of that demographic owns homes and might be eligibleto apply.

Chelmsford is also targeting seniors 65 and older, as well disabled residents. The Housing Rehabilita-tion program covers home improvements to accommodate a disability.

Eligibility is based on federal income guidelines. For instance, the maximum income for a householdof one is $46,300, and for two people, it's $52,950.

In exchange for the grant money, a 15-year lien will be placed on the property owner's home. As longas the person receiving the grant owns the home, the loan is payment-free and interest-free, based ona 15-year forgiveness period. If the homeowner lives at the home for 15 years, he owes nothing.

If the house is sold, the homeowner is required to pay back at least part of the loan on a decreasingschedule, depending on how long the owner lived there after the grant was awarded.

Residents are invited to attend a public meeting to ask questions and learn more about the programThursday at 7 p.m., at the Chelmsford Senior Center, 75 Groton Road. Billerica residents can attend apublic forumWednesday, Jan. 21, at 6:30 p.m., at Billerica Town Hall, 365 Boston Road.

For more information, contact the Chelmsford Community Development Department at (978) 250-5232,or the Billerica Planning Department at (978) 671-0962.

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THE FOLLOWING IS A PUBLIC SERVICE ANNOUNCEMENTTHE FOLLOWING IS A PUBLIC SERVICE ANNOUNCEMENT :):)From: [email protected]: January 9, 2009 7:23:20 AM ESTTo: [email protected] (Roy Earley),[email protected]: Re: Girl Scout Cookie Time!

Hi Roy - this may not be something appropriate for the in town news - there are thou-sands of girl scouts in town and I would not want to take the edge from any ofthem, but if anyone knows a girl scout in their neighborhood, they can do some-thing special for a member of our armed forces - see below. You dont have to di-rect sales to us, but any type of encouragement for the troops (and girl scouts) isappreciated.

Mary

-------------- Original message [email protected] wrote:Hello All,

It is Girl Scout Cookie time again and my daughter Maggie is selling themwith her Junior troop. If you are interested, we would love to fill your cookieorder. Cookies are $4 per box.This year through Girl Scouts, everyonehas the opportunity to make a tax deductible purchase of cookies forour troops overseas called "Cookies for a Cause".With your order addthe cost for additional boxes you would like sent to our service menand women and we will provide you with a receipt of your charitabledonation.

We can take orders until January 14th.

Thank you very much,Maggie & Mary

Thin Mints - Thin mint-flavored chocolate wafers dipped in a chocolate coating.

Caramel deLites - Vanilla cookies coated in caramel, sprinkled with toastedcoconut and laced with chocolate strips.

Peanut Butter Patties - Crispy vanilla cookies layered with peanut butter andcovered with a chocolate coating.

Shortbread - A traditional shortbread cookie made in the shape of the Girl Scouttrefoil logo.

Peanut Butter Sandwiches - Peanut butter filling sandwiched between crunchyoatmeal cookies.

Lemonades - Shortbread cookies with lemon icing.

Thanks-A-Lot - Shortbread cookies dipped in fudge and topped with an embossedthank-you message in one of five languages.

Dasiy Go Rounds (NEW) - contain five grab-and-go snack packs full of crispycinnamon flowers blooming with flavor in every bite.

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If you have friends,family or neighbors who would likeIf you have friends,family or neighbors who would liketo be added to this news update list,to be added to this news update list,

just have them drop me a line atjust have them drop me a line [email protected]@gmail.com

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