SELECTMEN’S MEETING

APRIL 7, 2003

 

As this was a reorganizational meeting, the Board’s Secretary called the meeting to order at 7:00 PM.

Selectman Rogers, Selectman Wiksten, Selectman Eayrs, Selectwoman Brunelle and Selectman Perkins were present.

The Board’s Secretary asked for nominations for Chairman.

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

VOTED: To appoint Wayne Perkins as the Chairman for one year.

Unanimous Vote.

Chairman Perkins asked for nominations for Vice-Chairman.

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

VOTED: To appoint James Wiksten as Vice-Chairman for one year.

Unanimous Vote.

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of March 31, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for Title V Variance – 169 Tispaquin Street

Chairman Perkins opened the hearing.

Jeanne Spalding was present. She told the Board that the proposed system is for replacement of a failed system. The variance requested is for reduction of separation from the base of the system to groundwater from 4’ to 3’. This is considered a local variance and is acceptable under Title V.

Ms. Spalding told the Board that it has been the Board’s preference to have the Health Officer review the local variances that do not require abutter notification and make the decision to grant or deny the request. The basis of the decision usually relies on a clearly defined hardship such as limited area or increased threat of damage due to drainage issues.

The request before the Board is being requested for a hardship based on "financial consideration". The applicant has asked for the Board to request this variance.

Michael Koska, a registered engineer, was present to represent the applicants.

Mr. Koska told the Board that the request is being made to eliminate a mound system, which would require a mechanical pump.

Selectman Eayrs asked what the hardship was. Mr. Koska said it was to the aesthetics of the land and the mechanics of the pump versus gravity feed. He said there was no other reason.

Mr. Koska noted that a mechanical pump is subject to failure.

Chairman Perkins asked what created the failure in the system. Mr. Koska said that the house is 18- 19 years old, and has had "abuse in the past, i.e. septic tank not pumped periodically."

Selectwoman Brunelle asked Ms. Spalding for any additional comments. Ms. Spalding said that she has seen no failures with pump systems, if they are maintained. She said the 2nd test pit could be located further out. Usually, a hardship is granted when another method would create a worse condition than the existing. She said she did not see that with this case.

Selectman Wiksten asked if the Board would be setting a precedent if this was granted. Ms. Spalding said it would be.

The applicant, Timothy Murphy, addressed the Board. He told the Board that he has been out of work since October. The house is being sold to send his children to college. He said money is an issue.

Selectman Rogers asked how much more it would cost for a pump system.

Kevin Murphy, an installer, said the difference would be about $5,000.

Selectman Rogers noted that the Town offers short-term loan opportunities.

Mr. Healey asked if another area lower than the profile field system would require a mounded system and a pump. Mr. Koska said it would.

Hearing no further comments, Chairman Perkins closed the hearing.

Motion was made by Selectman Rogers and seconded by Selectwoman Brunelle, to grant the request for a variance. Discussion ensued.

Selectman Rogers said the land is not located near many homes, or a Town Well. It is also a good size piece of property, that would not make much of an environmental impact.

Selectman Eayrs asked about the next time.

Selectman Rogers said this troubled him. Selectman Eayrs said the Board would be powerless to turn another applicant away.

Selectman Wiksten said he was also concerned with setting a precedent. He said a hardship is usually granted if there are no other alternatives. He noted that the Health Officer has not recommended approval of the system.

Chairman Perkins said he shared the same concerns. He also did not see the hardship, and felt the Board should take the recommendation of the Health Officer.

Mr. Healey asked if there were any other sensitive receptives in the area. Mr. Murphy said he was not aware of any.

Mr. Healey noted that the Board will have a request next week to do water exploration on the St. Onges property, which is located near the applicant’s property.

Selectwoman Brunelle asked Selectman Rogers if the State allowed for variances, or if there have been similar variances granted in other communities.

Selectman Rogers said that there have been variances in other communities, but smaller lots dictates it.

Mr. Koska said they had looked at 2 test pits. A lower water table in the area would still require a pump system, which could be designed.

Selectman Wiksten said that this drastically changed the cost of the system because the tank remains the same.

Selectwoman Brunelle amended the previous motion to deny the request. Second was made by Selectman Eayrs. Unanimous Vote.

 

Meeting with Health Officer – RE: Special Needs Massage Therapy

The Board received a request from Linda Howes to be given a Special Needs Massage Therapist License that would allow her to perform in-home service for adults and children with development and/or physical challenges.

Ms. Spalding explained that the current requirement for massage therapists is to work out of a massage establishment.

Chairman Perkins said that Ms. Howes presented the Board with supporting documentation, and excellent references.

A condition of the license would be to have a physician fill out and sign a memorandum before the service can be provided.

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

VOTED: To approve the request made by Linda Howes, 12 Pine Tree Drive, for a Massage Therapist License in Middleborough, to operate from client’s homes subject to a doctor’s certificate.

Unanimous Vote.

Selectwoman Brunelle asked the Health Officer to draft a policy addressing this specific situation.

Hearing (cont.) – Request for Title V Variance – Bartlett – Precinct Street

Chairman Perkins opened the hearing.

Darren Michaelis, AZOR Land Services, was present for a continued hearing.

The request was to allow a 60 minute perc, which the DEP will begin recognizing in 2004. The DEP currently allows 20 of these per year to establish a performance record.

Selectman Rogers said that there is no existing problem in this situation. He said that the homebuyers would inherit the problem, and have maintenance costs.

Selectman Wiksten said he agreed.

Hearing no further comments, Chairman Perkins closed the hearing.

Motion was made by Selectwoman Brunelle and seconded by Selectman Wiksten to deny the request for a variance. Discussion ensued.

Selectman Eayrs asked what would happen to the homebuyers if the request was denied.

Mr. Michaelis explained that a P&S has already been signed, and the buyers are aware of all of the conditions. He said there is already one (1) system like this in town. He said a precedent has been set, and if this is denied, the Board should expect a lawyer’s letter.

Selectwoman Brunelle asked what the circumstances were for granting the previous variance.

Ms. Spalding said it was at 125 Thomas Street, and was granted three (3) years ago. It was new construction, and the same type of system. She said DEP has "pushed" a certain number of these variances through to get a tracking record.

Selectwoman Brunelle asked if the lot size was the same. Ms. Spalding said the applicant’s lot is smaller.

Mr. Healey asked if the Thomas Street house was a modular home. Ms. Spalding said it was.

Ms. Spalding noted that this will be a tough issue for the Board in 2004 because DEP will accept 60 minute perc rates.

Selectman Wiksten said he was willing to wait until that time. He said it is the applicant’s prerogative to go to court, but the Board also has the right to deny the variance. He said one (1) approval does not set a precedent.

Selectman Eayrs noted that, unless the Town passes an ordinance, these requests will be allowed in 2004.

A vote was taken. 4 – 1 (Selectman Eayrs opposed) to deny the request.

Hearing – Request for Title V Variance – 71-72 Ashley Place

Chairman Perkins opened the hearing.

Darren Michaelis told the Board that the request was to approve a sieve analysis in substitution for a perc test due to saturated soil conditions. He said it is to repair a failed trench system. All other Title V standards have been met. A pump installation will be required. Mr. Michaelis said the site is outside the buffer of wetlands.

Jeanne Spalding said this is a standard request, 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 71-72 Ashley Place to allow a sieve analysis in substitution for a perc test.

Unanimous Vote.

Hearing – Request for Title V Variance – 28 Fuller Street

Chairman Perkins opened the hearing.

Darren Michaelis explained that the request is for replacement of a failed system. The variance requested is for reduction of separation from the base of the system to groundwater from 5’ to 4’.

Jeanne Spalding said this is considered a local variance and is acceptable under Title V. She explained that, in the past, the Health Officer has reviewed and made a decision to grant or deny the variance request. The basis of a decision usually relies on a clearly defined hardship, such as limited area or increased threat of damage due to drainage issues.

The hardship for this request is based on financial considerations.

Selectman Eayrs noted that the request was a repeat of an earlier hearing tonight. He said that once these are granted, the Board will be unable to deny.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To deny the request for a Title V Variance at property located at 28 Fuller Street.

Unanimous Vote.

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

Bill Madden, GAF Engineering, apologized to the Board and to the abutters for missing the meeting two (2) weeks ago. He explained that he had been held up at a meeting in another town.

Mr. Madden reminded the Board that the previous discussions had involved site access, and trying to related the roadway to the north to help mitigate the adverse impact that could result to the Reimel’s property.

Mr. Madden explained that revisions have been made to move the access drive and create a 50-foot, no-activity zone adjacent to the Reimel’s property. The construction sequence was also revised.

Mr. Madden asked that recycled asphalt be allowed for a 300’ length into the site instead of the bituminous concrete that was suggested by the Board. He explained the difference in the price.

Selectman Wiksten said that he wanted to make asphalt mandatory. He said without it, mud would still drag off tires onto the street. He said the recycled asphalt would still create dust.

Selectman Wiksten noted that the Board had asked Mr. Healey and Donnie Boucher to review the proposed location of the access road. Mr. Healey said that the road was moved back from the intersection and is at an optimal location.

Rob Taylor, a resident of Rocky Meadow Street, asked how many trucks would travel the road per day.

Mr. Madden said there would be about 40 loads per day.

Mr. Taylor asked who the contractor would be. Mr. Madden explained that an RFP has been put out and it would be a "reputable contractor".

Discussion ensued on the trucks traveling on Rocky Meadow Street. The abutters were concerned with the amount of children in the neighborhood.

Chairman Perkins noted that this is a public way, and the trucks have a right to travel.

It was noted that there is a proposed 50’ radius which would address the turning of the trucks.

Mr. Taylor asked if the activity would be Monday through Friday. It was explained that an Order of Conditions, if approved, would be set at a later date.

Jeff Smorczewski, 191 Rocky Meadow Street, said he was concerned with public safety. He said there would be a truck traveling on Rocky Meadow Street "every 6 minutes".

Mr. Smorczewski also asked about the depth of the deep pool. He said he understood it to be 96’ deep. He was also disappointed that Makepeace had not sent a representative to attend the meeting.

Mr. Madden said that the depth of the pond is actually 20’ deep from the working surface elevation. He also said the company chooses to have their consultants represent them at hearings.

Mr. Madden explained that Makepeace shares the same concerns for the safety of the children. He noted that it is a short distance from Purchase Street to the site, and said that speed would not be a factor. He also said the drivers are well trained and licensed.

Norman Bingham-Maas, 184 Rocky Meadow Street, asked why a paved road to the west could not be used. He was concerned with the old houses in the neighborhood being "shook off their foundations".

Virginia Reimel, 183 Rocky Meadow Street, also suggested that an access road owned by Bill Byrne be shared.

Mr. Madden said using Mr. Byrne’s access would not work. He said he runs his operation in a very specific way, and did not think he’d be agreeable. It was also noted that he’s in the same business. He said they had talked to another abutter, Mr. Bjornson, who would not allow the trucks to use his property.

Selectman Wiksten noted that Mr. Byrne had been forbidden to use his access road at the time his Order of Conditions were drafted. He said allowing the use would "trigger Mr. Byrne coming back" and would double the amount of trucks.

Selectman Eayrs said that the street had recently been paved, and vibrations should be limited. He noted that the amount of trucks/day is related to the length of the project. He said the abutters had a choice to get the project done quickly, with more truck loads per day, or spread the project out.

Mr. Madden noted that the applicant’s initial applications was for five (5) years.

Mr. Bingham-Maas suggested that the trucks could be limited in the summer months when children are present, or not to travel after 3:00 PM when the children are in school.

Mr. Madden said it is not problematic to restrict some hours of removal. He noted that this would also "drag on the process".

Selectman Wiksten said the idea was great, but asked who would count the trucks. He said that the Police Department could set up radar and be sure that the trucks are doing what they’re supposed to be doing. He said he had a problem putting restrictions on before a contractor was hired. He said this could trigger a "cheap contractor" to get the job. He suggested that Orders of Conditions could be held off until a contractor was hired.

Mr. Madden said this was a good suggestion.

Selectman Rogers questioned the need for the reservoir on the site. He said there is no indication that there is a water shortage on the site. The need for this has to be shown, or the removal would not constitute an agricultural use.

Mr. Madden noted that the existing water supply is a stump swamp which has sufficed in most areas. The problem is putting harvest water on the bogs.

Chairman Perkins said he understood the concerns of the neighbors. He said that he had lived in the same neighborhood for 21 years, and knows how narrow the road is. He also noted that the applicant pays taxes and has the right to use his property.

Mr. Taylor asked how traffic would travel on the road which is 20’ wide. He asked if trucks would be "waiting on Rocky Meadow Street" to turn onto the access road.

Mr. Madden noted that there is a 120’ opening at the street line. He also explained that trucks are in contact with each other through radios.

Selectwoman Brunelle explained to the abutters that the Board is able to set regulations because of the association with cranberry bogs. If material was being removed for houses, the Board would have no control over the project.

Mr. Smorczewski shared his concern with the speed limit which is 40 mph. Selectwoman Brunelle suggested that the Safety Officer, or Highway Superintendent, could make a recommendation for the speed limit on the road.

Mr. Bingham-Maas asked if the Board could require an additional bond and have the house foundations inspected to be sure there is no structural damage done. Chairman Perkins explained that this would be beyond the Board’s authority.

It was the consensus of the Board to continue the hearing to next week, asking that the engineer present written information showing the need for the reservoir.

Meeting with Personnel Board – RE: Proposed Evaluation Forms

Selectwoman Brunelle left the room for this discussion.

Steve Callahan, Chairman of the Personnel Board, was present. He noted that two (2) evaluation forms were presented: one for supervisory, and one for non-supervisory positions.

Mr. Callahan noted that 45 communities had been surveyed for their forms.

Chairman Perkins read a letter from the Non-Union Bargaining Committee asking that the Board allow it to review the Evaluation Forms before approving.

Chairman Perkins said that he had reviewed the forms and thought they looked good.

Chairman Perkins suggested that the Personnel Board contact the Non-Union Bargaining Committee, giving them copies of the Forms and asking for their input.

Jeanne Spalding asked if the communities surveyed were asked for evaluations for all employees, or just non-union.

Mr. Callahan said that the question was "What do you use to evaluate non-union employees".

 

 

 

NEW BUSINESS

Request Permission for Tag Day – Middleborough Youth Softball League

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

VOTED: To authorize the Middleborough Youth Softball League to hold a Tag Day on Friday, May 16 and Saturday, May 17, 2003.

Unanimous Vote.

Request for Reappointment to Board of Registrars – Gates

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

VOTED: To reappoint Eileen S. Gates to the Board of Registrars for a 3 year term.

Unanimous Vote.

Request Permission for Parade Permit – Middleboro Veterans Council

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

VOTED: To approve the request made by the Middleboro Veterans Council to hold the Memorial Day Parade on Monday, May 26th.

Unanimous Vote.

Selectwoman Brunelle noted that, if the Council wishes to use the Town Hall, they will have to file a formal request.

Request Permission for Annual Poppy Drive – Middleboro Veterans Council

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

VOTED: To grant permission to the Middleboro Veterans Council to hold their Poppy Drive on Thursday, May 22nd and Friday, May 23rd.

Unanimous Vote.

Town’s Option to Purchase Chapterland – Hayward – Plain & Summer Streets

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

VOTED: To waive the Town’s option to purchase land owned by Gladys E. Hayward f/k/a Gladys E. Stevens and Ernest M. Stevens, for land located on Plain Street and East of Summer Street, currently under Chapter 61.

Unanimous Vote.

 

 

 

 

Request to Approve Easements to Abutters of Washburn Property

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

VOTED: To approve the forms for Easements and Quit Claim Deeds for the abutters of the Washburn Mill Property.

Unanimous Vote.

OLD BUSINESS

Parking on Long Point Road

The Board received correspondence from the Safety Officer regarding the parking on Long Point Road.

Mr. Hall said he had checked the area for parking. He said he would get a layout of Long Point Road and recommend the areas.

Selectwoman Brunelle suggested the Board should wait to discuss this until they received the layout. The Board’s Secretary will ask the Police Chief for this information for next week.

Chairman Perkins read a letter from the Conservation Commission concerning fishing at the Assawompsett Gatehouse. Although it has no environmental concerns, the Commission asked that the final decision be deferred to the involved landowners and their representatives.

Chairman Perkins said he had met with Joe Freitas on Sunday morning and walked the property. He agrees with Mr. Freitas that there is no reason for this area to be restricted.

Selectman Rogers said he had participated in the Management Plan, and the Assawompset Pond Complex Committee had been formed to talk about these issues.

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

VOTED: To send a letter to the APC Committee, indicating that the Board supports fishing at the Gatehouse, and Joe Freitas would be their representative.

Unanimous Vote.

TOWN MANAGER’S REPORT

He explained that the Town is submitted an application for a State Grant, and if received, the Article will be tabled.

Selectwoman Brunelle asked if this had to go to Town Meeting for approval, or just have a Debt Exclusion Election. Mr. Healey said both were required.

Selectwoman Brunelle said she did not think this was necessary, and asked Mr. Healey to check with Town Counsel.

Selectman Wiksten suggested an Article be put on the Warrant regarding the Early Retirement Bill. It would have to be voted on by June 30th.

Chairman Perkins said he had no problem putting the Article on the Warrant, and tabling if necessary.

Selectman Wiksten said the scales were installed for this use.

Selectwoman Brunelle suggested the process remain as is, until the Board decided which way to go regarding privatizing the landfill.

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

VOTED: To authorize the Town Manager to award the Wareham Street Drainage Improvements bid to PA Landers, Inc. for $197,267.00.

Unanimous Vote.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by Irving Graphics in the amount of $6,395.20.

Unanimous Vote.

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

VOTED: To pay three bills submitted by the Middleborough Gas & Electric Department in the amounts of $45.77, $387.97 and $115.45, totaling $549.19.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Schwaab, Inc. in the amount of $17.05.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Hathaway Publishing in the amount of $673.84.

Unanimous Vote.

OTHER

Selectwoman Brunelle said this is not a large amount, but could add up over the years.

Chairman Perkins said the Successor Agreement will define the 39 current hook-ups. Any additional hook-ups would have to be approved by Town Meeting.

Mr. Healey will draft something for Saturday’s Meeting with the Carver Board, that memorializes what we have.

An Article will be put on the Annual Warrant to authorize the Board to negotiate two (2) additional connections.

Town Counsel will be asked if the Successor Agreement requires an Article.

CORRESPONDENCE

Copies will be sent to the individuals, and be placed in their personnel files.

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

VOTED: To ask Chief Russell if he would be willing to sign off on Warrants.

Unanimous Vote.

 

 

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

VOTED: To enter into Executive Session at 10:05 PM, not to return to Open Session, to discuss Negotiations.

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

VOTE 5 – 0

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN