SELECTMEN’S MEETING

DECEMBER 1, 2003

Chairman Perkins called the meeting to order at 7:00 PM.

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

Selectman Wiksten was absent.

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of November 24, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of November 24, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for WRPD Special Permit – Bonfiglioli – Thompson Street

Chairman Perkins read the following: "The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on December 1, 2003 at 7:05 PM, for the purpose of discussing an application filed by Field Engineering Co., Inc. on behalf of Stephen & Maureen Bonfiglioli, for a Special Permit under the Water Resource Protection District By-law, to allow land alteration activity within the twenty-five (25) foot wetland buffer zone for construction of the stormwater management systems to service a proposed residential subdivision roadway known as Meadowbrooke Lane. The property is located at 237 Thompson Street is shown as Assessors Map 024, Lots 5821 and 5834, zoned Residential Rural, W.R.P.D. "Z4". Anyone wishing to be heard on this matter should appear at the time and place designated." The hearing was opened.

Ken Motta, Senior Project Manager for Field Engineering, who was present to represent the applicant, returned the green cards. Stephen Bonfiglioli was also present.

Chairman Perkins explained that, because a WRPD Special Permit requires a 2/3 vote of the Selectmen, and there was a member missing tonight, the applicant could proceed with the hearing or ask for a continuance. A unanimous vote would be required.

Mr. Motta said they would proceed.

Mr. Motta explained that the property consists of 53 acres, formerly known as Hendricks Horse Farm. The proposal is to develop house lots, keeping 29 acres as open space.

Mr. Motta said that there are existing trails on the property and adjacent property owned by the Town, and the Commonwealth of Mass.

A Special Permit is needed to install two (2) drainage outfalls within the 25-foot wetland buffer zone. A 12-inch drainage outfall will result in a permanent alteration of 120 square feet and a temporary alternation of 298 square feet.

A grass lined drainage swale outfall will also be installed within the 25-foot wetland buffer zone resulting in a temporary alteration of 775 square feet.

The third activity would be to relocate and construct a portion of the existing walking trail system on land owned by the Town of Middleborough.

Mr. Motta said a request, not part of an original petition, is also being made to remove old fill. This is an isolated wetland system adjacent to the existing horsetrack on the property. The applicant is requesting to remove the old fill which built up the existing horse track 7" – 8" higher than the existing wetland. He would like to restore it to the original grade.

Chairman Perkins asked if that request had been brought to the Conservation Commission.

Mr. Motta said it has been filed with the ConCom and the Planning Board.

Mr. Motta said the slopes along the existing track are very steep. There are concerns, including safety issues. He said there is not much mature growth in that area.

Chairman Perkins read comments from the Building Commissioner and the Planning Board. Both are supportive of the petition.

Selectman Rogers said that everything was represented, and had no problems with the submittal.

Mr. Healey asked about a "license" referenced by the Town Planner. This would be needed in conjunction to building a trail on Conservation Commission land.

Mr. Motta said the applicant had no problem with this, and said it would be part of the Planning Board permit.

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 application filed by Field Engineering Co., Inc. on behalf of Stephen & Maureen Bonfiglioli, for a Special Permit under the Water Resource Protection District By-law, to allow land alteration activity within the twenty-five (25) foot wetland buffer zone for construction of the stormwater management systems to service a proposed residential subdivision roadway known as Meadowbrooke Lane, located at 237 Thompson Street, shown as Assessors Map 024, Lots 5821 and 5834, zoned Residential Rural, W.R.P.D. "Z4", to include changes denoted by figures 1, 2 and 3 shown on a plan entitled "W.R.P.D. Special Permit Petition Site Plan – Meadowbrooke Farm", dated October 17, 2003, drawn by Field Engineering Co., Inc., and to incorporate recommendations of the Planning Board and Conservation Commission. The Board further found that the project is

    1. Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.
    2. Is appropriate to the natural topography, soil, and other characteristics of the site to be developed.
    3. Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and
    4. Will not adversely affect any existing or potential water supply.

Unanimous Vote.

NEW BUSINESS

Set Order of Conditions for Earth Removal Permit – Cranberry Growers, Inc.

Selectman Rogers said the standard conditions for an existing permit are being proposed. The Bond was increased to $50,000.

Chairman Perkins asked for language regarding an irrigation system, or water truck to be on site.

Mr. Healey noted that there is an abutting cranberry grower, and dust can effect his crop.

Barbara O’Brien, a resident of Rocky Meadow Street, asked about the starting time for work.

The Board explained that the hours were 7:30 AM to 4:30 PM.

Ms. O’Brien asked if there would be an opportunity to change the existing travel route, which is "Tispaquin Street to Plymouth Street to East Main Street to Route 44". She suggested two (2) different routes – for entering and exiting. She suggested traveling Tispaquin Street to Short Street on the return trip.

Selectman Rogers said that the Board does not have the right to tell the Permit Holder which way he must travel, but can make a recommendation.

Mr. Healey noted, when the Permit was first issued, Short Street was unpaved. He asked if the Permittee could establish a haul road at the far end of the bog property, missing a good portion of the unpaved section. He could then exit onto Tispaquin Street.

Peter Beaton, the Permit Holder, said he would cooperate with the suggested travel route.

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

VOTED: To approve the Conditions for Earth Removal Permit #03-2, implementing the changes suggested.

Unanimous Vote.

Request to Appoint Member to Vote – Massachusetts Municipal Association

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

VOTED: To authorize Chairman Perkins to vote at the Annual MMA Meeting.

Unanimous Vote.

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

VOTED: To authorize Selectman Rogers to vote in the absence of the Chairman.

Unanimous Vote.

Request to Sign Program Revision Form – Bruce Arons

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

VOTED: To authorize the Chairman to sign the Program Revision Form for Grant #5412.

Unanimous Vote.

Request to Approve & Sign Amended Notice of Intent – Washburn Mill Property

Mr. Healey told the Board that a problem with the alarm system at the Washburn Mill property has been resolved. The Fire Chief believes the main mill building will be better served from a fire prevention standpoint than it’s ever been.

Mr. Healey said that Mr. Costello’s crew was at work today, beginning the demolition. Good progress was made. An amended Letter of Intent has been drafted for the Board’s signature. Mr. Costello has called to indicate his approval.

Mr. Costello also submitted a Certificate of Insurance with the Town as an added insured.

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

VOTED: To sign the amended Letter of Intent.

Unanimous Vote.

Mr. Healey noted that the language had not changed from a previous "draft" of the Agreement, with the exception of added language on the signature page which was drafted by Town Counsel.

Mr. Healey noted that further requested demolition is not authorized under the Letter of Intent. If granted, the Letter would be further amended.

OLD BUSINESS

There was no "Old Business" discussed tonight.

TOWN MANAGER’S REPORT

Mr. Healey said a suggestion to put a stop sign at the intersection was previously rejected.

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

VOTED: To refer the matter to the Town Manager, Police Chief, Safety Officer and Highway Superintendent to review and report back to the Board.

Unanimous Vote.

Mr. Healey said the document will be discussed on Wednesday night at the Affordable Housing Sub-Committee meeting. A representative from the Barnstable Planning Department will also be present.

SELECTMEN’S BILLS

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

VOTED: To pay two (2) bills submitted by the Middleborough Gas & Electric Department in the amounts of $5.35 and $5.35, totaling $10.70.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by Verizon in the amounts of $23.41 and $23.39, totaling $46.80.

Unanimous Vote.

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

VOTED: To pay the water bill for 63 Miller Street to the Town of Middleborough in the amount of $18.03.

Unanimous Vote.

OTHER

Selectman Rogers said that Wastewater Rules and Regulations were done in 1988. He said the policy needs to be updated. He said one issue that needs to be updated is the infiltration inflow (II) requirement. He said the value limit is not defined. He suggested giving 2 gallons for 1 gallon.

Selectman Rogers said that minor fees were implemented in 1987. He said betterment fees, tie-in fees, and pumping station user fees are missing. He said a certain fee should be charged, based on the type of plan. There should also be a charge to review the plans.

The Town of Lakeville believes that Middleborough should not "negotiate" with out-of-town requests, but have a set fee.

Selectman Rogers said that he told Lakeville that rules and regulations are set in Middleborough, as part of a public process. Anyone is welcome to make comments.

Selectman Rogers asked if a betterment fee is charged when someone hooks into the sewer system.

Mr. Healey said the sewer system has not been extended outside of the existing service area. He said, on occasion, an extension has been entertained, at the expense of a developer.

Selectwoman Brunelle said that fees have not been updated because service has not been extended for a number of years.

Selectman Rogers said the IMA will address some of these concerns.

Selectwoman Brunelle said that a lot of time has been devoted to the water system, and it is time to start looking at the Sewer Department. She said the facility will need some maintenance in the near future.

Mr. Healey said the collection system that carries the waste to the treatment plant should also be considered.

Discussion ensued on who owns the water and sewer system in Lakeville. Selectman Rogers believes that, if the State paid for the whole thing, then Middleborough does not own it. Other members disagreed.

Mr. Healey said the State gave a joint Grant to the two (2) communities.

Mr. Healey said if Middleborough does not own the system, it should not pay for the maintenance.

Discussion ensued on posting the meetings with Lakeville. Selectman Rogers explained that Town Counsel has given an opinion that meetings do not have to be posted when only one (1) member of the Board is present. He said either he or Selectman Wiksten attends.

Jane Lopes said this was a circumvention of the Open Meeting Law.

Chairman Perkins asked that all meetings be posted.

Selectwoman Brunelle agreed, noting that other members may way to attend.

Selectman Rogers will check with Selectman Wiksten and Richard LaCamera regarding their availability to meet on Friday, and will inform Jane Lopes.

CORRESPONDENCE

Selectwoman Brunelle said her only comment was that there is only one (1) employee at this time in the Town Accountant’s Department. The description lists four (4).

It was the consensus of the Board to send a letter for thanks to the Personnel Board.

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

VOTED: To enter into Executive Session at 8:20 PM, to return to Open Session, to discuss Contract Negotiations and Litigation.

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

VOTE 4 – 0

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

The Board announced that a Memorandum of Understanding has been agreed upon, and signed, regarding the personnel at the Landfill to implement the new fee schedule. An increase of $1.56 will be given.

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

VOTED: To adjourn at 9:20 PM.

Unanimous Vote.

 

Diane Henault, Secretary

BOARD OF SELECTMEN