APRIL 14, 2003


Chairman Perkins called the meeting to order at 7:02 PM.

Selectman Rogers, Selectwoman Brunelle and Selectman Eayrs were present.

Selectman Wiksten was absent.



Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the Minutes of April 7, 2003.

Unanimous Vote.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the Executive Minutes of April 7, 2003 with one amendment.

Unanimous Vote.


Meeting with Ronald Parker – RE: Disposal Works Installer’s Permit

Jeanne Spalding, Health Officer, and Catherine Hassett, Assistant Health Officer, were present.

Ms. Spalding told the Board that Mr. Parker had come to the Health Office and signed off on a Disposal Works Permit. He does not have his Permit. She notified him that he would have to come before the Board to request this.

Ms. Spalding told the Board that Mr. Parker had worked on a project last year on Murdock Street. The project went from December of 2001 through May or June of 2002. She said there were extensive issues. Notification to the buyer and seller of that property was sent for tonight’s meeting.

Ms. Spalding said that, normally, the system would take 1 to 2 weeks to complete. The engineer on the project, Mr. Pilling, was also present.

Ms. Spalding told the Board of numerous problems with the job, including a system already being built before a first hole inspection. She also told the Board that Mr. Parker had been volatile and abusive to a part-time clerk in her office.

Ms. Spalding said the previous owner, Mr. Duquette, had multiple problems with Mr. Parker. Mr. Parker has not been back in to do a system.

The current owner of 39 Murdock Street was present. She told the Board that she had given Mr. Parker 1/3 of the payment for the system ($5,000) on February 21 and has been chasing him for 6 weeks. He has not completed the job.

Chairman Perkins read a letter from the Freetown Board of Health, Paul Bourgeois. He said that Mr. Parker has installed septic systems in the Town of Freetown. However, he will not be issued any further permits until issues pertaining to past projects can be discussed and resolved.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: Not to grant Ronald Parker a Disposal Works Installer’s Permit.

Unanimous Vote.

Meeting with Debbie Blais – RE: "The Groves"

Debbie Blais was invited to meet with the Board to discuss her proposed project on Route 28. Dean Harrison, a Consultant, and Al Fine, who designed the buildings, were present.

The property is located across from ‘Peaceful Meadows’. It is serviced by water, sewer and gas. The sewer ends at Ms. Blais’ property on Rte. 28.

Mr. Harrison said meeting with the Board is not required, but they wishes to make a presentation. He also said that he had met with the Affordable Housing Committee on three (3) occasions and has met most of their requirements.

The proposal is for 110 condo units, with 2 and 3 bedrooms and 2 ½ baths. They will be townhouse style.

Mr. Harrison told the Board that the main entrance to the site will be off of West Grove Street. It will be a "boulevard" type of entrance and exit. The development will have a ring road with units off of it. Each unit will have its own entrance and garage. There is also a turnaround for fire apparatus. As much green space as possible will be left for a natural buffer. 28 of the units will be affordable. These will be price at $120,000. The remaining units will sell for $209,000 - $219,000. There will also be a community building.

Mr. Fine spoke of changes to the original plan to satisfy the Housing Committee. These included 2 additional parking lots.

Selectman Rogers said he had some concerns based on the infrastructure, and the water main going across the site. He said the fire code needs to be met. It is important to come up with calculations to determine what’s available.

Selectman Rogers said State law and Middleborough’s policy allows entitles her to hook-up these units. He said the pipe is a certain size, and handles a certain flow. The question is what will the pipe handle.

Mr. Harrison said he has met with the Town engineer and Fire Chief. He said he realized the importance of knowing it is safe. Because it is a Chapter 40B project, some relief is given on zoning setbacks.

Selectwoman Brunelle asked the Water Superintendent and Wastewater Superintendent, who were present, to comment.

Mr. Tinkham said he hasn’t had a change to look at the design flow. He will also need to see the engineer’s calculations as to what the consumption will be.

Mr. Ciaglo said an evaluation had been done to determine what the west side sewer could take. He said the number of bedrooms would have an impact.

Mr. Harrison said there would be 55 (2) bedroom and 55 (3) bedroom units. He said Out Back Engineering is working on a more detailed site plan.

Selectman Rogers suggested that Mr. Tinkham and Mr. Ciaglo put in writing what they are looking for.

Selectwoman Brunelle suggested this information be obtained as soon as possible so that a determination can be made.

Selectman Rogers asked if the project has already gone before the ZBA.

Mr. Harrison said they were trying to "flush out" concerns before going to the ZBA.

Mr. Healey estimated the daily water use to be approximately 30,450 gallons per day. He asked if there would be any problem looping the road network. He said this would be a safety issue.

Mr. Harrison said that this would be a business decision. He said they were willing to discuss providing service to the abutter.

Mr. Healey noted that the Affordable Housing Statement asks the applicant to provide a fiscal impact analysis. He said the concern is whether or not the project can generate enough revenue to support the cost of community services.

Mr. Harrison said this would be provided to the ZBA if they request it. He said he had looked at two (2) methods to estimate the number of school age children. One estimated 30 school age children, the other 91. He noted that some of these children could already be in the school system, and others may go to a private school.

Hearing (cont.) – Request for Earth Removal Permit – Makepeace – Rocky Meadow Street

Bill Madden, GAF Engineering, was present.

The Board had asked Mr. Madden to provide written proof that a reservoir is necessary. Mr. Madden gave the Board documentation including the Water Withdrawal Permit, DEP Registration Form, and detailed description of the Water Management Act, and Farm Plan.

Selectman Rogers thanked Mr. Madden for providing the information. He said the material, which shows that 59% of the total annual water needs of the operation are currently being provided, justifies the need for the reservoir.

Several residents expressed further concerns with the project, including the number of trucks traveling on Rocky Meadow Street.

Chairman Perkins explained that, if the Permit was approved, the Order of Conditions would address these issues.

Hearing no further comments, Chairman Perkins closed the hearing.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the request made by William F. Madden, G.A.F. Engineering, Inc. on behalf of A.D. Makepeace Company, for an Earth Removal Permit for property located on Rocky Meadow Street, Middleborough, MA, Assessors Map 054 Lot 6425 & Map 062 Lot 1136, for construction of a reservoir.

Unanimous Vote.

The Board will set the Order of Conditions at their meeting on April 28th. Selectman Eayrs encouraged residents to come to that meeting.

Hearing – Request for Title V Variance – 509 Wareham Street

Chairman Perkins opened the hearing.

Jeanne Spalding explained that the request is for a sieve analysis for an existing facility. A perc test was done last year when it was drier. She recommended approval from the Board.

Hearing no further comments, Chairman Perkins closed the hearing.



Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the request for a sieve analysis in substitution for a perc test at 509 Wareham Street, due to saturated soil conditions at the time of testing.

Unanimous Vote.


Hearing – Request for Title V Variance – 22 Walnut Street

Chairman Perkins opened the hearing.

Darren Michaelis, Azor Land Sciences, Inc., was present. He returned the green cards.

Mr. Michaelis explained that the request is for an existing dwelling. Two (2) pits are currently being overflowed. He said the property is large, but the majority is outcrop in a river front area. He said that the cesspool is overflowing on to the driveway.

He is asking for two (2) variances. He said a full system could not possibly fit in the location. It is an existing four (4) bedroom home, but the owner would have no objection to a deed restriction for three (3) bedrooms.

Ms. Spalding said the applicant is requesting to use an alternative system which needs a double variance. This will also have to go to DEP for approval. She said this is an emergency situation and recommended approval.

Hearing no further comments, Chairman Perkins closed the hearing.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the request for a Title V Variance at 22 Walnut Street as detailed on a plan entitled "22 Walnut Street – Middleboro, Massachusetts" dated April 4, 2003, prepared by AZOR Land Sciences, Inc.

Unanimous Vote.

Meeting with Weston & Sampson – RE: Lower Nemasket Interceptor Sewer

Mike Scippione and Dan Galucci, of Weston & Sampson, were present to update the Board on various projects.

Nemasket Interceptor

Dan Galucci, who is the Project Manager for the project, told the Board that this is currently entering Phase II. He said overflows during heavy rain could not be handled by the line. He said it is an 18" pipe and needs to be at least 24".

Mr. Galucci said there were eight (8) different options. He said the best alternative is to use a process called ‘pipe bursting’ and replacement. He said that 6500 feet will be replaced, and 3500 will be burst. This is done in areas that cannot be dug up. 50 manholes will also be replaced. This will take place in areas around Montello

Street and Taylor Way.

Mr. Galucci said there are two (2) areas with structures in the way. The pipe will be moved slightly.

Selectwoman Brunelle asked for an estimate of the cost savings.

Mr. Galucci said the original estimate was $4.8 to $5 million. He expects the cost to be $2.5 to $3 million.

Mr. Galucci said Rte. 44 could also be an issue. If pipe bursting can be done, it will not have to be dug up.

Selectman Rogers said the cost to the ratepayers needs to be figured. If there is an increase, he would be in favor of delaying this.

Chairman Perkins said the project would have to be bonded, and could have an effect on the bonding capacity for something else that is mandatory. Selectman Rogers suggested this could be put off until the Fall Town Meeting.

Selectman Eayrs asked if a 24" pipe would be adequate. He noted the large developments being proposed.

Mr. Healey explained that this is a different interceptor. There is also one on the west side which starts at Rte. 28.

Mr. Galucci said this has been taken into consideration in a Project Evaluation Report. It identifies sources of infiltration and inflow.

Leaks in the system, which contributes 1 million gallons of flow, will also be eliminated.

He said future items to be done include an elicit connection detection program to identify improper connections to the drainage system.

A shoreline survey of Woods Pond will also be done to identify problems.


Mike Scippione told the Board that proposals from firms are due on Friday.

Wareham Street

Mr. Scippione explained this is a drainage project. The bid was awarded to PA Landers for the amount of $197,000.

Water Main Cleaning & Lining

Mr. Scippione told the Board that this is under design now. It is anticipated that construction will begin in July. Several roads are being reconstructed, and catch basins will need to be replaced or reconnected.

Water Main – Route 28

The bid opening will be on April 24th. This may slide a week depending on permits. Initial comments were received from Mass Highway. A final permit is needed. Construction should begin the first week in June.

An issue with an abandoned contaminated gas station near Percy’s will also be addressed at this time.

Selectman Rogers said the Board needs to come up with scenarios where the roads are overlayed or partially paved. Announcements will be made when the water mains are going in and how the roads will be reconstructed.

Water Tank Painting

Mr. Scippione asked for direction from the Town regarding the painting of the current water tower. He said it would cost $750,000 to do the rehab on the tank, or $1 million for a new tank. There is a question if the tank should be replaced, and if that’s the correct location.

Mr. Healey said that Tom Payeur suggested painting on the inside, rather than repairing it, and buying more time on where you may want to locate a future storage facility to replace it.

Jane Lopes asked if the request for grant money for the Nemasket project had been turned down. Mr. Scippione said it had, and they would keep applying.

Meeting with Attorney John Michelmore – RE: Barges – West Grove Street

Attorney John Michelmore and John Barges met with the Board to discussed the proposed 40B project on West Grove Street.

Attorney Michelmore said that they have already been to the ZBA, so the discussion would be restricted to the options with respect to connecting to the sewer.

Attorney Michelmore said the sewer line extends approximately beyond the West Grove Street Cranberry Village Condominiums. He said the sewer policy has two (2) criteria: it cannot be extended outside of the service area. Because of the location, which services the front property, Attorney Michelmore said it is within the service area.

The other criteria is that it must front the property. Attorney Michelmore contended that this criteria is also met because of the property in front of the project.

Attorney Michelmore said the preference is to extend the sewer line. A second option is to obtain an easement along the other property in front. A third option would be to connect through the Blais project, which abuts this property. He said the problem with this is that Ms. Blais has not appeared before the ZBA yet.

Attorney Michelmore said Mr. Barges has proposed to provide upgrades to the Town, or the cash equivalent. The proposal is for $200,000 over four (4) years. The project would also be constructed over 4 years.

Attorney Michelmore said there will be 250 two (2) bedroom units. 63 units will be "affordable", selling for under $140,000 and the regular units would sell for $225,000. There would be four (4) units per building.

Mr. Healey said the Town can "buy a years freedom" from dealing with 40B after 54 units are approved in a given year.

Selectman Rogers asked if any onsite evaluations were done for septic systems.

Mr. Barges said testing has not been done.

Selectman Rogers asked if this should not be the first step. Mr. Barges said he felt confident that the sewer is the way to go.

Selectman Rogers had concerns with the tax revenues and benefits versus the amount of school children.

Mr. Barges said the Town would receive $500,000 in tax revenue, added income from sewer and water, and economic stimulus for surrounding shops.

Mr. Barges said he had a study done by Umass. About 55 children would be phased over four (4) years, adding about 15 – 17 students per year.

Selectman Rogers said that common sense would say the number would be double.

Chairman Perkins said the Town has a study that shows that is costs $1.08 to provide service for every $1.00 collected.

Mr. Barges said that depends on the density of the property.

Selectwoman Brunelle said she was concerned with the number of proposed units for the area.

Mr. Barges said traffic studies have been done. They are scheduled to go before the ZBA on May 8th.

Selectman Eayrs said he felt the Board has no obligation to provide the sewer connection. He said he did not believe the project meets either of the requirements.

Selectwoman Brunelle said obtaining an easement is not ownership.

Selectman Rogers said it is the applicant’s responsibility to see what is there for an onsite septic system before coming to the Board.

Attorney Michelmore said he believes an onsite system is feasible. Mr. Healey noted that no formal work has been done.

Tracy Moquin, North Grove Street, expressed concern about the amount of cars and the number of children in the neighborhood. He noted there are no sidewalks.

Chairman Perkins suggested Mr. Moquin bring his concerns to the ZBA.

Upon motion by Selectwoman Brunelle and seconded by Selectman Rogers, the Board

VOTED: To deny the request of John Barges for a sewer connection for a 40B project located on West Grove Street.

Unanimous Vote.


Request to Rent Town Hall Auditorium – Marie Nelson’s Piano Students

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve the request of Marie Nelson to rent the Town Hall Auditorium on June 1, 2003 from 9:00 AM to 5:00 PM for a piano recital.

Unanimous Vote.

The Board’s Secretary will request a signed "Hold Harmless" Agreement from the applicant.

Request to Approve & Sign Lease Agreement for Water Exploration

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To sign a License Agreement for Water Exploration on property located at 171 Tispaquin Street, owned by Stephen and Sheila Onges.

Unanimous Vote.



Request to Appoint Adjunct Member – Middleborough Personnel Board

The Board received a request from the Personnel Board to appoint an adjunct member in the absence of Kevin Cook, who is serving in Iraq.

Selectwoman Brunelle said the Personnel Bylaw does not allow for this.

The Board was also notified that Nancy Thomas will resign because of her election to the Finance Committee.

The Board’s Secretary will see whose appointment it is to replace Ms. Thomas, and advise the Personnel Board.

Request to Approve Street Name – "Morello Drive" – E911 Database Coordinator

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To approve the street name "Morello Drive" for an access path containing condominiums to be located off Cherry Street at Map 76, lots 5451 and 5363.

Unanimous Vote.

Acceptance of Donations from Peirce Trustees

The Board received two (2) checks from the Peirce Trustees.

One, in the amount of $2,390.36 for a rug cleaner, and the other for $30,000.00 for a study for the Athletics Committee.

Mr. Healey noted that the Committee can move forward with the acceptance of this gift to identify town-owned property for possible sites for fields.

The other check will provide a carpet cleaner for the buildings.

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To accept the donations of the Peirce Trustees.

Unanimous Vote.

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To send a letter of thanks to the Peirce Trustees.

Unanimous Vote.

Request to Award Bids – Treasurer/Collector

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To award a bid to First Federal Savings Bank in the amount of $76,924.00 at 1.49% interest for Chapter 90 Renewal monies.

VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

Request to Approve & Sign Buy-out Agreement – Middleborough Gas & Electric Department

The Board received an Agreement, and a copy of a letter from Town Counsel with suggested amendments.

Selectwoman Brunelle asked about collecting back taxes. Mr. Healey said the Town would still own the property.

Selectwoman Brunelle said she was not convinced that buying out the Lease was a good thing to do. She noted that it would be a one time payment. Over long term, the Town would benefit by a discount on street lighting and income from the sale of the gas.

Selectman Eayrs noted that the Town is in a "sinking ship" and collecting $8,000.00 from the lease would not amount to anything.

Mr. Healey said that the Gas & Electric Department maximized the cost of the increase in the percentage of the discount, and added for the next five (5) years to come up with the most advantageous picture.

Selectman Rogers asked about selling the property.

Mr. Healey said the General Manager is not ready to do this right now. Selectman Rogers asked if the Town would be giving up a "bargaining chip" by doing this. Mr. Healey said we would not.

Chairman Perkins said the Town is in a difficult financial situation. He felt that the G&E had done an excellent job coming up with the buyout, while not including a rate increase to the payers.

Upon motion by Selectman Eayrs and seconded by Selectman Rogers, the Board

VOTED: To sign the Buy-Out Agreement subject to recommendations number 1, 2 & 5 as submitted by Town Counsel in a letter dated April 14, 2003.

VOTE 3 – 1 (Selectwoman Brunelle opposed)

Sign Letter of Thanks to M.H.S. Drama Department

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To send a letter of thanks to the M.H.S. Drama Department for their assistance in preparing videos for the Health Department to use for their Food Handler’s classes.

Unanimous Vote.

Vote to Appoint Board Member to Sign Warrants

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To authorize Selectman Rogers, in the absence of any other available member, to sign the Town warrants.

Unanimous Vote.

Approve Annual Appointments for 2003

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To approve one year annual appointments for 2003 as follows:

Fence Viewer –

William Gedraitis

Tree Warden –

Donald A. Boucher

Moth Superintendent –

Donald A. Boucher

Animal Inspector/Dog Officer –

William R. Wyatt

Forest Fire Warden –

Robert W. Silva

Alternate Wiring Inspectors –

Mike Bell

John Hogan

Pound Driver & Keeper –

William R. Wyatt

Town Counsel –

Daniel F. Murray

Veteran’s Agent –

Paul Provencher

Unanimous Vote.

Request to Hold Earth Day

The Board received a request from Robert Luckraft, President of the Association for Rural Middleboro (ARM), for permission to hold an Earth Day celebration at the Fred Weston Memorial Forest.

Chairman Perkins asked if they had approached the Weston Committee. Mr. Luckraft said he has spoken to Anita Cole, who referred him to the Board.

Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To grant permission to the Association for Rural Middleboro to hold an "Earthday Everyday Celebration" at the Frederick Weston Memorial on April 25th and 26th, 2003 from 10a.m. to 3 p.m.

Unanimous Vote.

The Town will also supply yellow trash bags if available.

Mr. Luckraft suggested ARM would also be seeking permission for scientific research. Chairman Perkins told him to request a time on an upcoming agenda.


Parking on Long Point Road

This item was table for 2 weeks. Mr. Healey will ask the Highway Superintendent for the layout of the road.


Chairman Perkins felt that the Budget for FY04 should be discussed at each meeting.

Chairman Perkins felt that it was "premature" to meet with the Unions. He said the Board needs more direction.

Mr. Healey said this is a problem for the people who will be potentially laid off, and have vacation time on the books. He suggested direction be given to Department Heads to encourage those employees to take their vacations in May or June.

Selectwoman Brunelle did not feel it was premature to begin discussions. She said they have to be told what the Board is looking at.

Selectman Eayrs said this discussion should be on the agenda. He said it is going to be a multi-year problem, and the Board needs to look at ways to change Town government.

Selectwoman Brunelle asked, if the landfill is leased, can the debt be taken off.

Mr. Healey explained that existing debt will not go, but there will help going forward. Selectwoman Brunelle said she thought this would free up the debt that the Town currently has.

Sandy Bernier provided a debt exclusion schedule for the Board. A special election could be held as soon as May 24th.

Chairman Perkins said he was not in favor of a ballot question to spend money that the Town doesn’t know they have.

Selectman Eayrs noted the issue of people being laid off. He did not feel the question could run into July. He said if an override is the best course of action, then this needs to be in place.

Selectwoman Brunelle said she did not disagree, but said there are other issues to discuss as a Board, and talks with unions. She said this needs to be done first to say the attempt was made.

Selectwoman Brunelle said the Board is up against a serious time constraint, and said they have to get more serious and down to business.

Chairman Perkins said it is possible that a tax package would be passed by the legislators.

Selectwoman Brunelle said the Board needs to set a date to meet with the unions.

Discussion ensued. Selectman Rogers said an IMA needs to be drafted to respect the other towns.

Selectwoman Brunelle said any agreement would have to be approved by both Town’s Meetings.

Selectman Rogers said he would draft an IMA.

Mr. Healey asked if the Board was interested in meeting with National Development. Selectman Rogers said they are not ready.

The Town Clerk will be asked to approve this, and give out with nomination papers.

Mr. Healey provided the following schedule:

April 28 – recommendation to Selectmen of preferred contractor

Contract negotiations finalized by May 12th.

Agreement language finalized by May 26th.


Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To pay two (2) bills submitted by SEMASS Partnership in the amounts of $564.41 and $6,554.96, totaling $7,119.37.

Unanimous Vote.

Upon motion by Selectman Eayrs and seconded by Selectwoman Brunelle, the Board

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin in the amount of $1,537.50.

Unanimous Vote.


The Board scheduled a public hearing on the Warrant Articles for June 2nd. Anyone who submitted an Article will be advised to be at that meeting.


Selectwoman Brunelle noted that this would have to go before Town Meeting. The Board’s Secretary will inform them of this. The next meeting to submit articles would be for Fall Town Meeting.


Upon motion by Selectwoman Brunelle and seconded by Selectman Eayrs, the Board

VOTED: To enter into Executive Session at 10:45 PM, not to return to Open Session, to discuss Litigation and Contract Negotiations.

A poll vote was taken. Selectman Rogers, Selectman Eayrs, Selectwoman Brunelle and Chairman Perkins approved.

VOTE 4 – 0


Diane Henault, Secretary