SELECTMEN’S MEETING

DECEMBER 22, 2003

 

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

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

Selectman Eayrs entered the meeting at 7:30 PM.

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of December 15, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Meeting with Korpinen Cranberry Co. – RE: Earth Removal Permit – Certificate of Completion

Mr. Healey told the Board that the Permit for this project has expired. The Bond has been maintained and some bog has been planted. A request is being made to leave the remaining acreage unplanted, not excavating to the level that the plans had reflected.

Betty Brown, of Korpinen Cranberry Co., was present. She told the Board that the cranberry industry is in a state of transition, and has not recovered. Her family has run bogs since 1939. Two (2) Earth Removal operations have been completed in the past. The bogs have been planted as specified.

Ms. Brown said she had planned to plant five (5) acres, but is asking to revise that downward, to complete a "squaring off of an existing bog", not to plant or excavate the remaining areas. Ms. Brown provided photos of the site to the Board.

Ms. Brown told the Board that she has an active Farm Plan, and has talked to the Farm Planner about revising downward.

Ms. Brown said her family has a record of completing its obligation, and had intended to plant the full acreage. However, the industry has changed, and Ocean Spray is also discouraging expansion because of the problem with supply and demand.

Ms. Brown said she is asking for a Certificate of Completion on the altered plan.

Selectman Wiksten asked what percentage of the original plan is complete.

Ms. Brown said less than 50% of the original permitted project has been completed.

Selectman Wiksten asked what the grade is on the rest of the site that will not be completed.

Ms. Brown said that, topographically, it looks like "your yard". She said it has been made flat, and has been seeded. She said it does not look "scarred or naked". The only difference is that it will not be taken down to rough bog grade.

Selectman Wiksten said the Board is in an "awkward position". He said another Earth Removal Permit holder has approached the Board for a Certificate of Completion. He said "substantially complete" would look more like a bog than an open field.

Ms. Brown said she could get an engineer to provide information on the water table.

Selectman Wiksten said the Board would be "setting a precedent" for all operations. He said the Board needs to be consistent.

Selectman Wiksten asked why Ms. Brown wouldn’t come back later to remove more material.

Ms. Brown said she doesn’t think the cranberry industry will recover to the extent that that would be a problem. She said it could still be used as a viable business; for Christmas trees, blueberries, or bayberries. This would not require the land to be at bog level.

Selectman Wiksten said he would like to do a site visit, and invite the Conservation Commission.

Chairman Perkins suggested Ms. Brown’s engineer also be present.

Selectwoman Brunelle asked what the original amount of material to be removed was.

Ms. Brown said it was 80,000 cubic yards. This has been removed. She is requesting that approximately three (3) yards not be planted or seeded.

Chairman Perkins asked Mr. Healey to coordinate a site visit with the ConCom and the engineer.

Selectman Wiksten suggested this happen after the first of the year.

Mr. Healey said the basic question is the adequacy of loaming and seeding. He said a preliminary response has been given from Town Counsel, but it is not adequate to the Board’s initial question. He will get further clarification.

 

Hearing – Renewal of Class II License – Gratuity Motors

Nancy Tammaro, the License holder was present.

Mr. Healey said he had spoken to Ms. Tammaro, by phone, and had explained that there needs to be a better definition of the location of used cars of the paved area, in an orderly manner, and the limit needs to be adhered to. He has also asked that junk vehicles or parts be removed from the property.

Ms. Tammaro said everything has been taken care of.

Mr. Healey asked how she planned to identify the area of placement.

Ms. Tammaro said the vehicles would be lined up on the fence area, and the prices would be marked on them.

Mr. Healey asked what her limit is.

Ms. Tammaro said it is 10. She currently has eight (8) vehicles. Junk vehicles and parts have been removed from the property.

Mr. Healey said he recommended approval of the License.

Chairman Perkins asked that more than an annual inspection be done to be sure it is kept in compliance.

Hearing no further comments, the hearing was closed.

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

VOTED: To grant the renewal of the Class II License for Nancy Tammaro d/b/a Gratuity Motors.

Unanimous Vote.

Hearing – Renewal of Class II License – Sports LTD

This hearing has been rescheduled for January 5, 2004 at 7:30 PM at the request of Robert Weaver.

Hearing – Adopt Finalized Regulations for Title V Onsite Septic System Regulations

Chairman Perkins read the following: "The Middleborough Board of Selectmen, acting as the Board of Health, will hold a Public Hearing in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue, Middleborough, MA on Monday, December 22, 2003 at 8:00 PM, to consider adoption of a local health regulation pursuant to General Laws Chapter 111, Section 31 which regulation will incorporate the effluent loading rates – soil percolation rate requirements for subsurface disposal of sanitary sewage under Title 5 of the State Environmental Code in effect prior to January 1, 2004. The regulation, if adopted, will allow a maximum percolation rate of 30 minutes per inch in the Town of Middleborough on and after January 1, 2004. Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Selectman Rogers explained that, three (3) weeks ago, the Board had held a Hearing to discuss this. They have since been informed that the Hearing requires two (2) weeks of advertisement.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: Pursuant to General Laws Chapter 111, Section 31 to adopt as a health regulation of the Board of Selectmen the following regulation:

TITLE 5, STATE ENVIRONMENTAL CODE

EFFLUENT LOADING RATES – SOIL ABSORPTION SYSTEMS – PERCOLATION RATES

Section 1. The allowable effluent loading rates (gpd/sq. ft.) for soil absorption systems shall be as set forth in 310 CMR 15.242(1)(a) with a maximum allowable percolation rate of 30 minutes per inch as set forth in 310 CMR 15.242(1)(a).

Section 2. The allowable effluent loading rates (gpd/sq. ft.) for soil absorption systems as set forth in 310 CMR 15.242(1)(b) with a maximum allowable percolation rate of 60 minutes per inch and effective as of January 1, 2004 shall not be applicable in the Town of Middleborough.

Section 3. Any provisions of 310 CMR 15.242(2), 15.243, 15.244, 15.245, 15.249, 15.405 and 15.417 which are in conflict with Section 1 of this regulation shall not be applicable in the Town of Middleborough.

Section 4. This regulation shall take effect and apply as of January 1, 2004.

Unanimous Vote.

Meeting with Dave Richmond – RE: Tom Auto

Dave Richmond and John Rea, the property owner, were present.

Mr. Healey explained that the Class II License holder for Tom Auto has been Peter Geilear. Mr. Geilear has suffered a massive heart attack while in Florida.

Mr. Healey also told the Board that a dealer plate found on a vehicle had been taken by the Registry. A hearing in regards to this will be held on January 15th. He said that it is possible to hold a Class II License without a dealer plate. There is a second plate with Mr. Geilear in Florida.

 

Mr. Richmond told the Board that he is requesting to renew the license while Mr. Geilear is in Florida. He said it would be awhile before he returns. In the meantime, junk cars have been removed, the site has been painted, cleaned and upgraded.

Selectman Wiksten asked if Mr. Geilear would continue to be the License Holder with Mr. Richmond managing it.

Mr. Richmond said he would in Mr. Geillar’s absence.

Selectman Wiksten said he would not approve the additional of Mr. Richmond’s name without something, in writing, from Mr. Geilear.

Selectwoman Brunelle noted that, an additional name on the License, would require a new license hearing. She suggested renewing the License, and allowing Mr. Geilear to add a name if he chooses to.

Chairman Perkins said the problem is that the License Holder should be physically on the premises.

Selectwoman Brunelle asked what would happen if the License had been issued, and Mr. Geilear became ill.

Selectman Wiksten suggested a notarized letter from Mr. Geilear, and a new hearing be held to add the additional name. He suggested the Building Department be asked if any new conditions would apply.

NEW BUSINESS

Request to Approve Liquor Licenses for 2004:

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

VOTED: To approve the Liquor Licenses for 2004 as listed:

R.P.'s Stage Stop, Inc.

407 West Grove Street

Fireside Grille

Rtes 18 & 44

Hell's Blazes Tavern

699 Wareham Street

Fisher's Chicken House

450 Wareham Street

Lisa's USA Pizza

547 West Grove Street

Lorenzo's Italian Restaurant

384 West Grove Street

Royal Café

14 Center Avenue

The Central Café

254 Center Street

The Hideaway Restaurant

9 Station Street

China Buffet

10 Merchant's Way

Courtyard Restaurant

360 Wareham Street

The Cabin, Inc.

114 East Grove Street

Riverside

58 East Grove Street

Dave's Diner

390 West Grove Street

Apazidis Family Restaurant

194 East Grove Street

Papa Gino's

Rte. 28 Angelo's Plaza

Sheldon's Café

134 North Main Street

Circle Liquors

12 South Main Street

Deep, Inc. d/b/a Kurt's Corner

355 Wareham Street

Savas Liquors

167 Center Street

Seven Star Liquors

3 East Grove Street

The Bottle Shop

438 West Grove Street

TJ's Convenience

45 Everett Street

Bourne Food Mart

414 West Grove Street

Capeway Convenience Store, Inc.

578 Wareham Street

Clark's Convenient Store

758 Center Street

Village Market

206 Wareham Street

Christopher Building Association

262 West Grove Street

Wankinquoah Rod & Gun Club

110 Pine Street

Middleborough Lodge of Elks

24 High Street

Mitchell Memorial Club

West Grove Street

VFW

30 Station Street

Unanimous Vote.

It was the consensus of the Board to hold a public hearing in two (2) weeks to discuss new legislation which will allow package stores to open on Sundays throughout the year.

Selectwoman Brunelle suggested an "informal survey" be done when Licenses are picked-up.

Request to Approve 2:00 AM Closings for Liquor Establishments

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

VOTED: To allow liquor establishments to remain open until 2:00 AM on New Year’s Eve if they desire.

Unanimous Vote.

 

 

 

Request to Accept Check from Peirce Trustees

Mr. Healey said the check in the amount of $45,800 will be used for DPW equipment. He said they are looking at different models. He also sent a letter to the Peirce Trustees thanking them.

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

VOTED: To accept the check in the amount of $45,800 from the Peirce Trustees, with thanks.

Unanimous Vote.

Request to Ratify Appointment to Conservation Commission – Town Manager

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

VOTED: To ratify the appointment of Richard Rebell to the Conservation Commission to fill the unexpired term of John Mateiro.

Unanimous Vote.

Request for Permission to Donate Items – COA

The Board received a request from Ted Lang, Director of the COA, asking permission to donate "hairdressing equipment" which did not recently sell at an auction.

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

VOTED: To approve the request made by Ted Lang to donate surplus hairdressing items to Bristol-Plymouth Vocation Technical School, or any other school or agency.

Unanimous Vote.

OLD BUSINESS

Request for Reduction of Bond – Ed Whitworth

Ed Whitworth was present.

Mr. Healey said the remaining issue for the Earth Removal Permit has to do with the adequacy of loaming and seeding. He said he had no idea of an estimate of value for the work that remains to be done.

Chairman Perkins noted that Selectman Wiksten and Selectman Rogers had done a site visit.

Selectman Wiksten said he would like to come to a conclusion regarding issuing a "Certificate of Completion" before reducing the Bond. He said he would like to do a site visit with the ConCom. He said substantial work needs to be done if this is accepted. Selectman Wiksten said there were piles of stumps on top of slopes.

Selectman Rogers noted that there is no top soil to support the seed that was planted. He said everything is frozen, but a reservoir continues to flow. He did not know from where, but felt the ConCom should look at this.

Mr. Whitworth said the stumps are there to prevent neighbors from coming on the property with motorcycles. He said the running stream is a matter of flow from melting snow on the far end of the property.

Selectman Rogers asked where the water was flowing to.

Mr. Whitworth said pipes had been put in last year, but it never reached the reservoir.

Selectman Eayrs said there are a number of issues. He said a deal was made, and conditions were set. He said the Board has a responsibility to see that the land is not subject to hardship. Otherwise, there is nothing to prevent strip mining all over town.

Selectman Eayrs explained that material had been removed to build bogs. Some areas are now 2’ above the water table. A request is now being made to allow the property to be sold for a subdivision, or "whatever is recommended by the bank".

Selectman Eayrs said the project started with a profile of land, was excavated, and should now return to something. He said he could entertain the idea of a subdivision if it was graded. He did not want the property sold to someone else to do this. Once discharged, the Board cannot compel this to be done.

Mr. Whitworth said he has talked to his bank. The bank has been convinced to allow a deed restriction. He said the proposed subdivision, which was agreed to by the bank, expired last Saturday.

Mr. Whitworth said he disagreed with the Board that decisions to issue a Certificate of Completion would set a precedent. He said each situation is unique.

Selectman Wiksten said this is what would happen, and the Board would be held to those standards. He said a large amount of a buffer zone has been cut down. This has effected the neighbors with noise from the Capeway Rovers track. He said he had no problem working with Mr. Whitworth.

Selectman Eayrs clarified that the bank would allow a deed restriction for one (1) house lot if the Board agreed to issue a Certificate of Completion.

Mr. Whitworth said he is not proposing a "dead swap". He said some work needs to be done. However, the original Bond was $25,000.

Selectman Wiksten said the Board would seek advice from Town Counsel regarding Deed Restrictions.

Chairman Perkins said his understanding is that a municipality cannot put deed restrictions, but a private party can.

Chairman Perkins suggested meeting for a site visit at the same time as the Korpinen visit.

TOWN MANAGER’S REPORT

AT&T Wireless Lease for the Town Hall

The Board reviewed comments from Town Counsel in regards to the AT&T Wireless Lease for the Town Hall.

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

VOTED: To delete Section 5C.

Unanimous Vote.

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

VOTED: To delete Section 6B.

Unanimous Vote.

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

VOTED: To set the termination fee to six (6) months as noted in Section 6C.

Unanimous Vote.

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

VOTED: To insert language as a new subsection of Section 8 to acknowledge the existence of two (2) leases and that the Tenant agrees that the other lessee’s operations will not adversely affect or interfere with its operation.

Unanimous Vote.

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

VOTED: To delete Section 12 which would provide for the tenant to be given a key to the Town Hall for access when the Town Hall is closed, and to add language that the Police and Fire Departments can access keys in the event of any emergency.

Unanimous Vote.

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

VOTED: To remove language from Section 16 which would agree that the Tenant is relieved of responsibility under the lease upon assignment, transfer or sale, and to add language that the Board of Selectmen must agree to any assignment.

Unanimous Vote.

Discussion ensued on the definition of the "cure period".

Chairman Perkins said he believed it was 30 days.

Selectwoman Brunelle suggested asking Town Counsel for further clarification of Sections 15A and 15B.

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

VOTED: To delete wording in Section 22B regarding recording a notice of the lease in the event the landlord sells the property.

Unanimous Vote.

Washburn Mill Property

Mr. Healey told the Board that he had a phone conversation with the Chairman of the Historical Commission regarding the total destruction of the main mill building. No permission was given from the Historical Commission, or the Board of Selectmen, to do this.

Mr. Healey said just under 300 tons of material has been sent to the Landfill. If charged $65/ton, it would be about $20,000.

He said he did not know what could be done, if anything, but said it was clear that Mr. Costello "overstepped his authorization in what he did".

Selectman Eayrs asked if any indication had been given from Mr. Costello as to why he did what he did without contacting the Historical Commission or the Board of Selectmen.

Chairman Perkins said he had earlier conversations with Mr. Costello, but did not have any conversation in regards to the demolition. He said he believed that Mr. Costello probably had valid reasons for doing what he did.

Selectman Eayrs said it was "incredulous". He said this was a part of the historical landscape for a long time.

Selectman Wiksten said the Board should hear from Mr. Costello.

Selectman Eayrs asked what would happen to the freight house. He said he would like input, in the form of a letter, with photographic evidence to justify why the entire building was taken down when he wasn’t authorized to do this. He said he hoped Mr. Costello would be "faithful" as to what is put back there.

Neil Rosenthal, former Chairman of the Washburn Mill Committee, said the project is drifting further and further away from the RFP. He said a vacant lot wasn’t contemplated, and noted that this could’ve been used for the municipality.

Mr. Rosenthal said he understood why the cribs might have to be taken down. He said 1 ½ years have gone by since the RFP was awarded, and no attempt has been made to protect the buildings from the elements.

Mr. Rosenthal said Mr. Costello failed to present a plan to the ZBA for them to act on. He questioned if the intent was to wait until the buildings decay enough to remove them. He also noted that the RFP did not contemplate that the Town would accept the entire demotion at the Landfill.

He questioned why the Board should believe that the freight house would not be demolished.

Jane Lopes said that some members of the Board did "share affection for the grain mill". She said she did not understand the Board’s lack of concern. She said the Board should be outraged that someone totally ignored their instructions.

Selectwoman Brunelle said it was not the Board’s intention for this to happen. She questioned what the Board’s course of action is. She said an explanation is needed from Mr. Costello.

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

VOTED: To send a letter to Mr. Costello making him aware of the Board’s disbelief of what he’s done, and send information to Town Counsel to review.

Unanimous Vote.

Jane Lopes suggested the letter include language prohibiting the destruction of the freight house.

The Chairman will work with the Board’s Secretary to draft a letter.

Intersection of Spruce Street and Locust Street

Don Boucher has made a recommendation to place an "Intersection Warning Sign" at the above-referenced intersection.

SELECTMEN’S BILLS

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

VOTED: To pay two (2) bills submitted by Consultants to Management, Inc. in the amounts of $2,720 and $1,120, totaling $3,840.

Unanimous Vote.

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 $3,681.25.

Unanimous Vote.

The Board’s Secretary was asked to check the remaining balance of that account.

OTHER

There was no ‘Other Business’ discussed tonight.

CORRESPONDENCE

Selectwoman Brunelle also will draft Rules & Regulations regarding liquor licenses.

VOTED: To allow the Veteran’s Agent to close his office on December 26th, and to have the Town Manager cover.

Unanimous Vote.

 

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

VOTED: To adjourn at 9:05 PM.

Unanimous Vote.

 

Diane Henault, Secretary

BOARD OF SELECTMEN