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Record of Proceedings

Bourne Select Board Meeting – October 7, 2026

Select Board — Wednesday, October 7, 2026
BodyBourne, Massachusetts
SessionSelect Board
DateWednesday, October 7, 2026
StatusFILED
Video Record
0:00 / 2:07:29

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:13

Okay, big 7 p.m.

0:15

I will call this meeting to order October 13th, 2026.

0:19

Um

Unassigned speaker

0:20

this

Speaker 1

0:20

meeting may be recorded streamed by Bourne TV.

0:23

Audience members record recording, please notify the chair.

0:29

Born enterprise, um, please no flash photography.

0:32

Um the zoom meeting webinar is 829-8050 3097, password born, all caps.

0:41

Um just a disclaimer on the remote access, it is a courtesy.

0:45

Uh the meeting will not be delayed or suspended due to technical issues that we are out of our control um via Zoom.

0:52

So we just want to note that.

0:54

All items in this agenda are the subject to deliberation and votes, and I'll call the meeting into open section.

1:02

And first we have a moment of silence to recognize our troops and public safety personnel.

1:13

Salute to the flag.

Unassigned speaker

1:31

Okay,

Speaker 1

1:32

so um, do we have anyone signed up here this evening for public comment?

1:37

Anyone online?

1:39

Do we see anyone?

1:40

No hands raised in our webinar.

1:42

No.

1:43

All right.

1:44

Seeing as we have no public comment, we will move on to our first agenda item or our fourth topic tonight.

1:50

Uh it's related to the chapter 61A notices for say a roadborn dale road.

1:55

Notice it notice of intent to convert approximately 61.8 acres.

2:01

Um at our September 22nd meeting, we discussed, um, we directed the town administrator to proceed with ordering an appraisal on this subject property.

2:11

Um she has done so, and a copy of that report is included in the board's packet and the public packet.

2:19

Um, I'm pretty sure.

2:20

It is my understanding that she also has a copy, provided us a copy of um to town council and the property owner and the property owner's council.

2:31

Um that's accurate, right?

2:33

Yes, okay.

2:34

And uh we also have Brian Bertram here today, town council.

2:38

So I'm gonna ask Brian to describe what happens next, and if you could outline what decisions the board must make tonight.

Speaker 2

2:50

Um,

Unassigned speaker

2:51

I'll I won't vary the lead, so there's not really any decisions that you need to make tonight.

Unassigned speaker

2:56

Um

Speaker 2

2:57

because we sort of made the decision at the last meeting, right?

3:01

When we decided to commission the appraisal and send it to the landowner, which was done within 30 days under the statute, that sort of triggered um a process whereby they disagree with the price that our appraiser sort of appraised the land at, then they can go and get their own appraisal.

3:21

And as we understand from communications received from them, that's what they're opting to do.

3:27

Um they need to do that within 60 days of the original notice that they supplied to us.

3:34

So just to backtrack in terms of the timeline that the statute allows for.

3:39

We had to do our appraisal and deliver it within 30 days, which we did.

3:43

And so now we're within a 60-day window running from that original notice where they need to have their appraisal done and deliver it back to us.

3:54

They've communicated to us that they expect that it's going to be uh appraising the property as being worth a lot more than what our appraisal was, um, based on the fact that the land is already subject to a lease for battery energy storage.

4:11

You know, we'll wait and see what that says.

4:14

Um, the statute, if we encounter a situation where we have two sort of mildly different appraisals, and the town wants to proceed with the the option and we can't figure out a price, then um the statute then has us agree on a third appraiser.

4:38

So basically, one would think that the appraising profession wrote this statute because there's a lot of appraisals involved.

4:47

But that third appraisal would actually be the determination of the price if we get to that point.

4:52

Um, right now we're just sort of stuck in the middle of the process.

4:57

We're waiting on their appraisal to come back.

Unassigned speaker

5:00

out a price then um the statute then has us agree on a third appraiser so basically one would think that the appraising profession wrote this statute because there's a lot of appraisals involved but that third appraisal would actually be the determination of the price if we get to that point um you know right now we're just sort of stuck in the middle of the process we're waiting on their appraisal to come back so there's really other than giving you an update tonight and sort of discussing that there's not really anything that the select board needs to actually do um you know we we should start it doesn't have to be denied but it at some point if we're we're serious about this purchase and we think it's gonna fall within a price that the town is willing to pay we're gonna have to start thinking about you know where the money's gonna come from funding sources and all of that because this is there there's no special process under the statute for the acquisition of the land uh we're gonna need town meeting approval and an appropriation of funds from town meeting to do that and you know in my experience with the 61A process it's sort of getting across that finish line that often takes the longest because of the town meeting sort of calendar and doing that um the only other thing I'll I'll kind of speak to just because I'm sure the public is probably wondering about it and you are too and it's kind of connected to the 61a process is the entire concept of battery energy storage system best whatever you want to call it facility in the first place because under our our zoning by law you know you can do battery energy storage that's ancillary or connected to a solar field but there's really no use category in our zoning bylaw for a utility scale Bess all together.

Speaker 2

6:35

I'm not gonna really get into the weeds of it other than to say there is law out there now that tells us that this these types of facilities facilitate

Unassigned speaker

6:48

the

Speaker 2

6:48

collection of solar energy basically by taking electrons off the grid and putting them back on the grid um at differing times thus facilitating solar which can't collect the sun's energy at all times of the day um and because of that they fall within uh the chapter 40a section three so called Dover amendment exemption for facilitating the collection of solar energy there's a land court decision that says that the municipal law unit of the attorney general's office has taken that position and most recently in the 2024 climate act there's some text that is suggestive of that so we should expect that we would be rolling forward on this if indeed we receive an application and that's sort of the other piece of it that I guess would sort of intersect with all of this is that there are also uh new processes for small clean energy facilities so when you're talking about anything that's less than a hundred megawatt hours just actually quite a I I think for a colloquially you know colloquial sense is a pretty large facility goes through a new can go at the applicant's option through a new consolidated permit process with the town that's subject to state regulations.

8:15

So you know if

Unassigned speaker

8:19

the town does

Speaker 2

8:20

not elect

Unassigned speaker

8:20

to

Speaker 2

8:21

exercise its option

Unassigned speaker

8:23

um

Speaker 2

8:23

then down the road we're gonna have to talk about that too.

Discussion Breakdown — Share of Meeting
Land Use Planning█████████████████17%
Procedural██████████████14%
Education Funding██████████████14%
Energy Management███████████11%
Public Engagement███████7%
Budget Capital Planning███████7%
Taxation and Revenue███████7%
Public Safety████4%
Personnel Matters████4%
Summary of Proceedings

Bourne Select Board Meeting – October 7, 2026

The Bourne Select Board convened on October 7, 2026, with member Jean excused/absent. After a moment of silence, the Pledge of Allegiance, and a remote-access disclaimer, the Board found no one signed up for the initial public comment period. The Board then took up the Chapter 61A notice and appraisal process, approved several licenses and warrants, discussed town meeting articles and budget planning, and received operational updates.

Consent Calendar

  • The Board approved the consent agenda as presented.

Public Comments & Testimony

  • No public comments were offered at the start of the meeting.
  • Ben Axelman of Strata Clean Energy addressed the Board during the 61A/battery-storage discussion. He said Strata leases the Bournedale Road property, is proposing a utility-scale lithium iron phosphate battery storage facility with a 500 MW interconnection queue position, and wants to begin discussions with the town. He stated the project could be designed with more than 1,000 feet of separation from homes, could generate several million dollars per year in tax revenue with limited service demand, and could include community benefits. He also said the town's appraisal omitted the existing lease and that the owner's appraisal was expected to come in north of $20 million.
  • Susan Marcini, speaking remotely, suggested reviewing historical Upper Cape Tech enrollment lists back at least to 2009 to quantify possible billing discrepancies.

Discussion Items

  • 61.8-acre Bournedale Road Chapter 61A notice: Town Counsel Brian Bertram said no decision was needed that night. The town had ordered and delivered an appraisal within 30 days; the landowner has a 60-day statutory window to return its own appraisal. If the two appraisals differ, a third appraiser would set the price. Bertram added that utility-scale battery storage may be treated as facilitating solar energy under state law and may later go before the Energy Facilities Siting Board. Board members discussed neighborhood impacts, fire and water concerns, historical/tribal significance, funding for a possible purchase, and the cost of a 300–400 container lithium iron phosphate facility.
  • 42,626 sq ft Chapter 61A parcel: The Board affirmed its earlier declination of the right of first refusal. The parcel abuts the Next Grid solar property and is related to a Cape Cod Commission agreement; the purchase price is $600,000. Motion by MJ, second by Peter, passed 4-0.
  • Polar Express license agreement: Mass Coastal Railroad representatives described the 2026 Polar Express, including about 4,000 visitors in 2025, a first responders night on Nov 14, and use of the Taylor's Point marina lot for the Santa bus. The Board approved the license for Nov 14 and Nov 21–Dec 23. Motion by MJ, second by Anne Marie, passed 4-0.
  • Flashing low-bridge signs: Mass Coastal proposed solar-powered flashing signs at Shore Road, Scraggy Neck, and Eamon's Road bridges. The Board heard that those bridges were struck 7, 5, and 2 times respectively between 2022 and 2026. The Board approved installation subject to the TPW superintendent's discretion and agreed to review a suggested alternate location for the Scraggy Neck sign. Motion by Peter, second by Anne Marie, passed 4-0.
  • November 3, 2026 state election warrant: The Board approved the warrant requested by the Town Clerk and noted the ballot is two pages. Motion by Peter, second by Anne Marie, passed 4-0.
  • Charter Review Committee: The Board discussed expectations, with members noting that the prior committee required no town funding. The Board plans to schedule appointments for Oct 27 and to invite applicants to meet the Board.
  • Town meeting articles:
    • Article 12: Discussion focused on a proposed amendment by Peter Murner related to the MassDOT bridge project and a possible MOU. Select Board member Peter offered a simpler alternative; the Board decided to wait for the Town Moderator's scope/ruling before making further motions.
    • Article 8: The ISO transfer station project representative reported that the design development estimate increased the request by $428,000, from $18.066M to $18.494M, a 2.2% total project increase. The Board voted to amend the article motion to the new amount and will send it to the moderator/finance committee for review.
    • Article 13: The DNR director explained the proposed clarification of public bathing beach for dog-walking purposes. It was discussed but not voted.
    • Article 4: Staff noted a typo in the published explanation: the percentage should be 2%, not 2.5%; the article numbers are unchanged.
  • Upper Cape Tech enrollment discrepancy: Staff reported that the Oct 1, 2024 UCT enrollment list contained 207 addresses, 9 of them in Wareham, plus 5 LPN students. After backing out the Wareham addresses, the FY26 assessment should have been based on 203 students, but the town was assessed for 215. At roughly $25,000–30,000 per pupil, the discrepancy could represent approximately $350,000 for that year. The Board voted to request 10/1/2023, 10/1/2022, and 10/1/2021 enrollment/address lists and to ask Town Counsel for options on recoupment.
  • FY28 revenue estimate: Marlene and Erica presented a projected 3.02% increase in revenues from FY27 to FY28 based on the Board's six revenue assumptions: maximum levy, $400,000 new growth, level state aid, 90% of prior-year actual local receipts, 5% indirects, and level special revenue. They cautioned that fixed costs could consume much of the increase and noted the FY27 tax rate is not final. The Board discussed a possible future deficit, residential tax exemptions, cannabis receipts, and the next budget steps; no vote was taken.
  • Town Hall storm damage: Marlene reported significant water intrusion through the town hall foundation after the Sept 26–27 nor'easter. Wet materials were removed; a leak study will be requested through the Finance Committee and is estimated at about $25,000. She warned of possible accessibility-compliance costs and potentially millions in repairs. No vote was taken.
  • Town Administrator annual goals: The Board adopted the annual goals as presented in the packet so that Marlene has clear direction and priorities. Motion by Peter, second by Anne Marie, passed 4-0.

Administrative Report

  • ISO has diverted 18 tons of food waste from the landfill so far this calendar year.
  • Facilities Director Stephen Cabasa submitted his resignation and is moving to California; the position has been posted and promising candidates have already applied.
  • Inspection and maintenance work will be performed on the Bourne Bridge on Tuesday, Oct 20, from 9 a.m. to 2 p.m. Northbound off-Cape traffic will be restricted to one lane; southbound lanes remain fully open; the sidewalk will remain open; and no wide loads will be permitted during that period.

Key Outcomes

  • No decision was made on the 61.8-acre Bournedale Road Chapter 61A matter; the statutory appraisal process will continue.
  • Affirmed the declination of the right of first refusal for the 42,626 sq ft parcel, 4-0.
  • Approved the 2026 Polar Express license for Taylor's Point, 4-0.
  • Approved the flashing low-bridge sign proposal, 4-0.
  • Approved the November 3, 2026 state election warrant, 4-0.
  • Voted to amend the Article 8 transfer station town meeting request to $18,494,000, subject to moderator review.
  • Voted to request UCT enrollment/address lists for 10/1/2023, 10/1/2022, and 10/1/2021, 4-0.
  • Voted to ask Town Counsel to outline legal options for recovering funding related to the UCT assessment discrepancy, 4-0.
  • Adopted the Town Administrator's annual goals, 4-0.
  • Approved the consent agenda and the minutes of the September 22, 2026 meeting, 4-0.
  • Scheduled Charter Review Committee appointments/applicant interviews for Oct 27 and planned future meetings including Oct 19 town meeting, Oct 27, Nov 10, Nov 17, Dec 1, and Dec 15.

Meeting Transcript

Okay, big 7 p.m. I will call this meeting to order October 13th, 2026. Um this meeting may be recorded streamed by Bourne TV. Audience members record recording, please notify the chair. Born enterprise, um, please no flash photography. Um the zoom meeting webinar is 829-8050 3097, password born, all caps. Um just a disclaimer on the remote access, it is a courtesy. Uh the meeting will not be delayed or suspended due to technical issues that we are out of our control um via Zoom. So we just want to note that. All items in this agenda are the subject to deliberation and votes, and I'll call the meeting into open section. And first we have a moment of silence to recognize our troops and public safety personnel. Salute to the flag. Okay, so um, do we have anyone signed up here this evening for public comment? Anyone online? Do we see anyone? No hands raised in our webinar. No. All right. Seeing as we have no public comment, we will move on to our first agenda item or our fourth topic tonight. Uh it's related to the chapter 61A notices for say a roadborn dale road. Notice it notice of intent to convert approximately 61.8 acres. Um at our September 22nd meeting, we discussed, um, we directed the town administrator to proceed with ordering an appraisal on this subject property. Um she has done so, and a copy of that report is included in the board's packet and the public packet. Um, I'm pretty sure. It is my understanding that she also has a copy, provided us a copy of um to town council and the property owner and the property owner's council. Um that's accurate, right? Yes, okay. And uh we also have Brian Bertram here today, town council. So I'm gonna ask Brian to describe what happens next, and if you could outline what decisions the board must make tonight. Um, I'll I won't vary the lead, so there's not really any decisions that you need to make tonight. Um because we sort of made the decision at the last meeting, right? When we decided to commission the appraisal and send it to the landowner, which was done within 30 days under the statute, that sort of triggered um a process whereby they disagree with the price that our appraiser sort of appraised the land at, then they can go and get their own appraisal. And as we understand from communications received from them, that's what they're opting to do. Um they need to do that within 60 days of the original notice that they supplied to us. So just to backtrack in terms of the timeline that the statute allows for. We had to do our appraisal and deliver it within 30 days, which we did. And so now we're within a 60-day window running from that original notice where they need to have their appraisal done and deliver it back to us. They've communicated to us that they expect that it's going to be uh appraising the property as being worth a lot more than what our appraisal was, um, based on the fact that the land is already subject to a lease for battery energy storage. You know, we'll wait and see what that says. Um, the statute, if we encounter a situation where we have two sort of mildly different appraisals, and the town wants to proceed with the the option and we can't figure out a price, then um the statute then has us agree on a third appraiser. So basically, one would think that the appraising profession wrote this statute because there's a lot of appraisals involved. But that third appraisal would actually be the determination of the price if we get to that point. Um, right now we're just sort of stuck in the middle of the process. We're waiting on their appraisal to come back. out a price then um the statute then has us agree on a third appraiser so basically one would think that the appraising profession wrote this statute because there's a lot of appraisals involved but that third appraisal would actually be the determination of the price if we get to that point um you know right now we're just sort of stuck in the middle of the process we're waiting on their appraisal to come back so there's really other than giving you an update tonight and sort of discussing that there's not really anything that the select board needs to actually do um you know we we should start it doesn't have to be denied but it at some point if we're we're serious about this purchase and we think it's gonna fall within a price that the town is willing to pay we're gonna have to start thinking about you know where the money's gonna come from funding sources and all of that because this is there there's no special process under the statute for the acquisition of the land uh we're gonna need town meeting approval and an appropriation of funds from town meeting to do that and you know in my experience with the 61A process it's sort of getting across that finish line that often takes the longest because of the town meeting sort of calendar and doing that um the only other thing I'll I'll kind of speak to just because I'm sure the public is probably wondering about it and you are too and it's kind of connected to the 61a process is the entire concept of battery energy storage system best whatever you want to call it facility in the first place because under our our zoning by law you know you can do battery energy storage that's ancillary or connected to a solar field but there's really no use category in our zoning bylaw for a utility scale Bess all together.

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