SELECTMEN’S MEETING

AUGUST 12, 2002

 

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

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

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of July 29, 2002.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of July 29, 2002.

Unanimous Vote.

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

VOTED: To approve the Minutes of August 5, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Meeting – Request for Public Water Supply in Carver – Cubellis Saivetz Associates

Edward Pesce, Principal of Cubellis Saivetz Associates, was present. Mr. Pesce introduced Mr. and Mrs. Simeone, owners of the property in Carver, and their nephews, Bill and Ben, Jr.

Mr. Pesce told the Board that the property is located in the Super Sports complex on Rte. 58 in Carver. Public water supply is not available at this location, but does exist at the nearby McDonalds restaurant near the corner of Rte. 58 and Plymouth Street. He said the availability of a new groundwater supply is suspect, since there is a nearby documented waste site, currently being investigated by DEP (Aggregate Industries).

The proposal is for 64,000 sq. ft. retail space with parking facilities to support this. Mr. Pesce explained that there is an existing water supply, but it expanded it could "bend" the contaminant plume of Aggregate Industries towards this site.

Mr. Pesce told the Board that they are requesting a new water supply connection from the Town of Middleborough for this project. As compensation, several ideas are offered for discussion:

Mr. Pesce said he has spoken to the Town Manager and the Water Superintendent. He also noted that he has not yet officially spoken to the Carver Board of Selectmen. He said it has been made clear to him that Carver wishes to resurrect an intercommunity water agreement. He said he was seeking approval from Middleborough before approaching Carver.

Mr. Pesce said that the options presented provide control to the Town.

Selectwoman Brunelle as what the potential number of gallons drawn was. Mr. Pesce said the current number if 2,800 gallons per day. He would expect it to increase to 5,000 – 6,000 gallons.

Selectwoman Brunelle told Mr. Pesce that the Town contracts with the Town of Carver, not individual residents. She said she had concerns with the request. She also noted that Town Meetings in Carver and Middleborough would have to approve this.

Selectwoman Brunelle also noted that many of Middleborough’s residents do not have Town Water.

Selectman Eayrs said there is a difference between extending for residential use and maximizing the commercial use of a property. He said if the extension could be a loop, which would strengthen the system, it might be different. He agreed that Town Meeting would probably have a problem with this request.

Mr. Pesce said he was aware of the concerns, and that is why he had put a "menu of compensation" together.

Selectman Eayrs noted that water is a finite source, and has to be protected. He said the Board has to be careful and justify the extension for commercial use. Selectman Eayrs said that the offer was nice, however the financial aspects of implementing it could be a problem.

Mr. Pesce noted that the Simeone family is a construction family. Heavy equipment and labor costs would be part of the agreement.

Selectman Wiksten said the Board would be amiss if they didn’t look at what was being proposed. If water is sold, it would be at a premium price. If there would be a savings to the Town, or additional hook-ups for residents, he would have interest.

Selectman Rogers said the proposal is a good one. He noted that 5,000 gallons/day is not a lot of water usage for the Town. He supported moving forward to negotiate with the Water Superintendent.

Chairman Perkins said he has no preconceived notions, but felt hat that presentation was a bit premature. He noted that the Board had begun conversations with the Carver Board 18 – 24 months ago for a successor agreement. This has been held up because the Board is waiting for Carver to provide an "as-built" plan.

Chairman of the Carver Board of Selectmen, Jim Grimes, was present. He said that the Carver Board was "unpleasantly surprised" to read about the proposal in the papers. He noted that the property is in Carver, and there are Planning & Conservation issues that will impact the Town.

Mr. Grimes also said that a sleeve is being put in for a water connection under the new overpass at the Rte. 44 extension. He said he was not trying to turn away business from Carver, but felt that the applicant should be deferring to the Board of Selectmen in Carver. He recommended that the request be done in the proper format, from the Town of Carver.

Mr. Grimes also apologized for not having provided the as-built plan. He said he thought this has been forwarded.

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

VOTED: To table the request for a water connection for a Rte. 58 retail site in Carver, and to pursue it through reopening discussions with the Town of Carver.

Unanimous Vote.

Selectwoman Brunelle asked the Town Manager and Water Superintendent to forward their thoughts on the request.

Selectman Rogers also asked that an updated water lien list be obtained from Roger Brunelle.

Hearing – Request for Title V Variance – 55 Plymouth Street

Edward Medeiros was present to represent the owners of the property. Jeanne Spalding was also present.

Ms. Spalding said that the request is for a tight tank, which she feels should be a last option. She noted that there are pumping costs and monitoring time from the Health Department.

The original plan tried to incorporate a gravity system. However, it was right on the property line, which would require extensive grading on the property of the abutter. There is also a brook.

Mr. Medeiros said that a system had been designed that would require four (4) waiver requests. All of the grading would have to be done on the abutters property, and it was feared that it would change the drainage system in his yard. As a result, a tight tank is being requested because a Title V accepted system cannot fit on the property. The tight tank will not require any grading, and the owner will have it pumped. He noted that the request still need DEP approval.

Ms. Spalding said that the property is currently on the market for sale. The septic system is a stumbling block. It is a four (4) bedroom house, but even cutting the number of bedrooms down would not work. She noted that pumping records and a buoyancy count would need to be forwarded to the Health Office. Also a regular pumping schedule contract would have to be provided.

Mr. Medeiros noted that a two (2) year contract with a pumping contractor is necessary for DEP approval.

Selectman Wiksten asked what would happen if the owners did not have the system pumped. Mr. Medeiros said it would be no different than someone else not pumping. He noted a deed restriction and a contract is part of the request.

Mr. Medeiros noted that the request is for two (2) 1500 gallon tanks. When they are 3/5 full, an alarm goes off alerting the owners.

Ms. Spalding also noted that sewage would back-up into the house if it was not pumped.

Mr. Healey asked if the home was fully occupied, at four (4) bedrooms, how long would it take to fill.

Mr. Medeiros said it would use 110 gallons/day/bedroom. If there were eight (8) people, this would be a week. If there was one (1) person, it would take two (2) months.

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 to allow a tight tank per 310CMR 15.260, for property located at 55 Plymouth Street, Middleboro, MA according to the plan that was submitted to the Board, entitled "On-Site Sewage Disposal System – 55 Plymouth Street, Middleboro, Massachusetts, prepared by DMG Associates, Taunton, MA 02780", said plan dated 8/12/02, subject to DEP approval. The Board further voted that the property be deed restricted to four (4) bedrooms, with no expansion of habitable space. In addition, pumping records and buoyancy numbers are to be supply to the Health Department.

Unanimous Vote.

Mr. Medeiros also provided the Board with an update on the "Eagles" property. He said he will propose a new building with office space on the first floor and two (2) apartments on the second floor. Parking will be provided on the Lincoln Street side.

Mr. Medeiros said he had obtained an application from the ZBA today, and was in the process of completing the abutters list.

Chairman Perkins asked about demolishing the present building. Mr. Medeiros said that he hoped to have ZBA approval within 60 days, and then would apply for the demolition permit.

Selectwoman Brunelle expressed concerns about animals being in the building. Mr. Medeiros said there are traps in the cellar, and no feces on the floor.

Selectwoman Brunelle also noted that kids are skateboarding on the roof. Mr. Medeiros said he understood this and hoped to get the new building started before winter.

Jane Lopes suggested a preliminary building permit be obtained so that the Historical Commission could being their timeline to act on the request to demolish the building.

Set Conditions for James Grant Earth Removal Permit

Selectman Rogers said that a letter had been received from abutters asking for their concerns to be addressed in the Order of Conditions.

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

VOTED: To delay the drafting of the Order of Conditions for the James G. Grant Earth Removal for two (2) weeks.

Unanimous Vote.

Meeting with Finance Committee – Appointments to Vacant Positions

Members of the Finance Committee were present. They told the Board they had five (5) candidates to fill two (2) positions. Four of the candidates are present.

Tom Tansey told the Board that they Finance Committee had completed interviews and had voted to recommend Richard Pavadore and Martin Hancock.

The Board asked each of the four candidates to explain why they wished to be on the Finance Committee. The Board agreed that all of the candidates were well qualified.

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

VOTED: To appoint the following individuals to the Finance Committee to fill the unexpired terms of Richard McCarrick and Lisa Dufresne:

Richard J. Pavadore Martin D. Hancock

57 Pleasant Street 78 Short Street

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

The Finance Committee was also polled and approved the motion.

Mr. Tansey noted that he will also be resigning because he will be moving. This will become effective at their next meeting.

Meeting with Weston & Sampson – RE: Review Plain Street Plans

Donald Boucher, Highway Superintendent, and Mike Scipione, Weston & Sampson, were present. Brian Ricker from Allans & Major was also present.

Mr. Scipione told the Board that he had reviewed the proposed cross section for the reconstruction of Plain Street. He said the proposed cross section has 11 foot travel lanes, a cape cod berm, and an 8 foot grass and sidewalk area with 2% slope. The cape cod berm and the 8 foot area is considered a "usable shoulder". He reported that the roadway cross section and the pavement section is adequate for the type of traffic expected on Plain Street.

The new standard pavement will consist of a 3 ½ " total thickness in all paved areas of Masshighway class I, type l-1 bituminous concrete applied in two courses, one 1 ½ " surface course over one 2" binder course over an 8" gravel base course. Compact the upper 12" of pavement subgrade, base course, pavement binder and surface courses to 95% of maximum density, as determined for each material by the applicable test methods.

Mr. Healey noted that Town Counsel has given the opinion that there is no requirement that subdivision standards need to be adhered to in paving Town roads. He said this will not interfere with what the Planning Board is doing.

Selectman Rogers asked if there would be issues with driveways adding 12" gravel base. Mr. Boucher said there would not be.

Selectman Rogers asked about limited trucks/tonnage on the road. Mr. Boucher said he saw no reason to do this. Chairman Perkins said this could not be done because it is a public way.

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

VOTED: To approve the roadway cross section design for Plain Street.

Unanimous Vote.

NEW BUSINESS

Request to Approve Septic Betterment – 57 Cross Street

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

VOTED: To approve the septic betterment agreement for property owned by Michael & Patricia Newton, 57 Cross Street, in the amount of $5,725.00.

Unanimous Vote.

Request to Recognize United Nations Day – United Nations Association of Greater Boston

The Board received correspondence from the United Nations Association of Greater Boston, asking that the Board recognize United Nations Day on October 24, 2002.

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

VOTED: To recognize October 24, 2002 as United Nations Day, and to issue a proclamation, fly the United Nations Flag over the Town Hall, subject to appropriation for the flag, and submit a newspaper article.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Charles Armanetti

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

VOTED: To rent the Town Hall Auditorium to Charles Armanetti on Saturday, September 21, 2002 from 1:00 PM to 5:00 PM for a piano recital.

Unanimous Vote.

Request to Rent Town Hall Auditorium – Herring Run ArtsFest

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

VOTED: To rent the Town Hall Auditorium to Mary Anne Mather, Herring Run ArtsFest, on Saturday, September 14, 2002 from 12:30 PM to 5:00 PM.

Unanimous Vote.

Ms. Mather also asked that any fees be waived. Mr. Healey has volunteered to act as security for the event.

Motion was made by Selectman Eayrs and seconded by Selectman Wiksten to waive the fees. Discussion ensued. The rental fee will be $50.00. The motion lost by a vote of 2 –3.

Request to Waive Fees – Rock Cemetery Association

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

VOTED: To waive the fees in connection with installing electricity and water to the Hope’s Rest Cemetery.

Unanimous Vote.

Request to Use Town Hall Parking Lot

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

VOTED: To grant permission to the Pratt Farm Fall Festival to use the Town Hall Parking lot on Saturday, October 5, 2002 from 10:00 AM to 4:00 PM for the 14th Annual Pratt Farm Fall Festival.

Unanimous Vote.

Request for One Day Liquor License – Sacred Heart Church

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

VOTED: To issue a one day Beer & Wine License to Sacred Heart Church for an event to be held on the Church grounds on Saturday, August 24, 2002 from 5:00 PM to 9:00 PM.

Unanimous Vote.

OLD BUSINESS

Second-Hand License – The Cheap Store

Mr. Healey told the Board that he had received several calls over the weekend regarding the ongoing storage of wares of The Cheap Store at 14 Rock Street. The stipulations of the second-hand license are as follows:

    1. Loaded trucks and trailers may not be parked on Rock Street; and
    2. Wares of the business may not be stored on residential property located at 14 Rock Street.
    3. Violation of the conditions will result in immediate suspension of the license.

Town Counsel has advised that the ongoing storage is a zoning violation and could be actionable. Mr. Healey asked the Board to consider revoking the license.

Selectwoman Brunelle said the conditions on the license were very specific.

Selectman Wiksten said he has driven by and all conditions have been ignored. There is a tractor/trailer loaded in front of the neighbor’s house, and the yard is filled with household goods.

Charlene Badejo, the owner of The Cheap Store, was present. She said she has items in the driveway which are yard sale items, not wares of the store. She said she had pictures of other properties with residents doing the same.

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

VOTED: To schedule a public hearing to discuss the possible revocation of the Second Hand License for The Cheap Store for August 26, 2002 at 7:45 PM.

Unanimous Vote.

TOWN MANAGER’S REPORT

VOTED: To forward a request from Barbara Erickson, Assessor/Appraiser, to the Peirce Trustees to purchase a plotter, copier scanner and all the hardware and software that will be G.I.S. compatible, in the amount of $32,526.

Unanimous Vote.

Selectwoman Brunelle noted that there had previously been issues with people backing out of their proposals. Mr. Healey said this has been addressed in the RFP.

Selectwoman Brunelle also noted that the property would be deed restricted. Mr. Healey said additional language can be negotiated in the P&S Agreement.

Mr. Healey said that he had not had time to fully develop a report to show cost savings and expenses. However, he wanted to give the Board information as he received it.

Mr. Healey noted the capital costs of replacing the trucks, and the operational costs.

SELECTMEN’S BILLS

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

VOTED: To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $41.18, $25.99 and $6.29, totaling $73.46.

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 $56.46.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Weston & Sampson, for the Plain Street Review, in the amount of $1,277.22.

Unanimous Vote.

Motion was made by Selectman Eayrs and seconded by Selectwoman Brunelle, to pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $2,662.50. There was a question on one of the items and the Board decided to discuss this is Executive Session before voting.

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

VOTED: To pay two (2) bills submitted by Groundwater Analytical in the amount of $165.00 and $330.00, totaling $495.00.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Geosearch, Inc. in the amount of $5,550.50.

Unanimous Vote.

OTHER

Selectman Rogers suggested that water rates for users outside of Middleborough be 120% of the existing water rate. Chairman Perkins suggested a public hearing be held.

Selectwoman Brunelle said it was also time to move the process of the liens forward.

Chairman Perkins suggested a public hearing be scheduled for September 9th to discuss out of Town water use, water liens and other water related issues.

Selectman Wiksten asked what the Town charged for water use to SEMASS. Mr. Healey said they are charged the commercial rate.

Selectman Wiksten asked Mr. Healey to get information from Taunton and Wareham as to what they do with water rates outside of their boundaries.

CORRESPONDENCE

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

VOTED: To enter into Executive Session at 9:23 PM to discuss negotiations, and litigation, returning to Open Session to pay a bill.

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

VOTE 5 – 0

 

------RECONVENE TO OPEN SESSION------

 

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

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin, P.C. in the amount of $2,662.50.

Unanimous Vote.

 

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

VOTED: To adjourn at 10:06 PM.

Unanimous Vote.

 

Diane Henault, Secretary

BOARD OF SELECTMEN