August 12, 2016

Town of Ipswich Board of Selectmen

c/o Mr. Edward Rauscher, Chair
Town Hall
25 Green Street
Ipswich, MA 01938
Re:

Preliminary Responses to Questions Raised at July 27 Tri-Board Meeting;

Status of Board of Selectmen Review of Bialek Park Site

Dear Mr. Chairman:

At the Tri-Board meeting held on July 27, 2016, the Board of Selectmen (BOS) raised several
questions and concerns related to the feasibility of the Bialek Park property as one of the two
potential sites being considered by the School Building Committee (SBC) for the location of
the proposed new elementary school. In all, the BOS identified thirteen specific questions and
issues that it asked the SBC to investigate or answer to assist the BOS with its decision-making
process.1 The SBC has carefully reviewed those questions and issues, and prepared the enclosed
summary of preliminary responses to each.
We note that several of the thirteen issues/questions called for specific information that must be
obtained through further study or analysis. Those issues included the impact on the current
railroad quiet zone (and whether locating a school at Bialek would require trains to blow horns
at the crossing); the BOSs request for an expanded traffic study to further examine pedestrian
and bus traffic over the crossing; the potential effects of train noise/sound levels on
school/learning spaces; and determining optimal police/life safety access to the Bialek property.
As indicated in the enclosed document, the SBC, in response to the BOSs requests, has retained
a railway specialist to conduct study of the railway quiet zone and acoustic studies of train noise
levels, and arranged to retain a traffic engineer to conduct an expanded traffic study on-site and
in surrounding neighborhoods. The railroad quiet zone and acoustic studies have already
begun, and we expect them to be completed by the end of August. We also continue to engage
Police and Fire Department personnel to ensure continued dialogue and input regarding site
safety access.
Also, we have continued our efforts on the public engagement front, by scheduling two public
discussions focused specifically on abutters concerns, the first of which addressed the Winthrop
1

In July, the SBC was advised by Town Counsel in a formal legal opinion that the Bialek Park property was not
subject to the restrictions of Article 97 of the Massachusetts Constitution (the so-called Clean Environment
Amendment). However, Town Counsel determined that because the town originally acquired the Bialek property
(or a portion of the property) for playground purposes, the property may not be turned over to the School Committee
for school-related use unless (1) the board or officer having charge of the property authorizes the turnover and (2)
the town approves the turnover in use by a two thirds vote at town meeting. We note that Town Counsel has not
provided the SBC or (to our knowledge) any other branch of Town government with an opinion regarding which
board or officer has charge of the Bialek property.

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August 12, 2016
Board of Selectman
site and took place on August 10. The second meeting, concerning the Bialek site, is scheduled
for August 23.
It was our understanding that all three boards would reconvene in early September to discuss the
13 issues after the SBC had submitted a completed response. It has come to the SBCs attention
that the BOS may vote on whether to approve the potential use of Bialek Park for the proposed
new elementary school as soon as August 15, at its next scheduled meeting. Respectfully, the
SBC questions both the timing and wisdom of this potential vote, for several reasons. First, a
vote on Monday is premature, particularly given the pendency of the BOSs requests for
information from the SBC. Presumably, the BOS understood that responding to its requests in
sufficient detail would require significant time and expense. The BOS apparent intention to
take a vote on Monday suggests it is no longer interested in obtaining the information it deemed
so important to the process only two and a half weeks ago.
In fact, it appeared that the BOS only learned of its potential role in the Bialek site approval
process at the Tri-Board meeting on July 27. Taking a vote less than three weeks later seems
very much at odds with the BOSs previous insistence on slowing down the process to ensure
full and comprehensive consideration of all available sites. We see no reason for a rush to
judgment on an issue that could affect several generations of Ipswich residents.
Also, as we understand it, the statute that requires formal approval to turn over Bialek to the
School Committee G.L. c. 40, 15A contemplates a determination by the relevant board or
officer that the land is no longer needed for its originally-intended purpose, which Town
Counsel determined (based on specific Town records) was a community playground. The board
or officer in charge of Bialek logically cannot make that determination unless and until it has
afforded the SBC and other committees or boards the chance to demonstrate how building a
school at Bialek and replacing lost ballfield or playground space would affect the community
need for that space. Any vote before this process has been fully borne out would seem to be
inconsistent with the requirements of the statute cited by Town Counsel.
Second, a potentially adverse vote on Monday would leave the community with only one
remaining option (the existing Winthrop School site), and disregard the ongoing efforts by the
SBC and the Project Design Team to develop two site plans that address and respond to the
needs and concerns of the students, faculty, abutters, and the community as a whole. Preliminary
site designs for both locations have been developed, revised, and improved extensively by the
project Design Team based on public input provided at our regularly-held meetings. It was our
hope and expectation that this process would continue with both potential sites at least until
after we have fully investigated potential design options/implications and gathered the relevant
information necessary for informed decision-making. A vote by the BOS on August 15 could
severely curtail the Towns options for our badly-needed new school before the process has been
completed and before the first in a series of public abutter discussions for Bialek is set to take
place on August 23.

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August 12, 2016
Board of Selectman
We respectfully urge the BOS to refrain from voting on the Bialek property until at least after it
has had the opportunity to seek and hear input from a wide segment of the community and the
community itself has had the benefit of participating in the ongoing site analysis and design
discussions led by our highly-qualified and very receptive Design Team. We request that BOS
follow the process mutually agreed to by the three boards on July 27. We want to be clear that
we do not question the BOSs commitment to trying to do what is best for the Town. But in our
view, the Town will benefit from keeping both site options under consideration so that the
broader community can learn about ongoing design development and engage in a fully-informed
discussion of the pros and cons of each site.
We would appreciate the BOS advising us as soon as possible whether it intends to vote on the
Bialek site at its August 15 meeting, so we may plan our next steps accordingly and avoid
unnecessary expense or wasted effort that would otherwise be required to investigate the issues
raised at the Tri-Board meeting. If there is any additional information not listed in the enclosed
document that the BOS needs to assist it in considering this matter, please let us know, and we
will do our best to provide it to you promptly.
Thank you for your time and consideration of these issues.
Sincerely,
IPSWICH SCHOOOL BUILDING COMMITTEE

cc:

Finance Committee
School Committee
Town Manager
Perkins Eastman
PMA Consultants

Attachments: SBC preliminary response to 13 BOS questions

Town Counsels Article 97 opinion