DECEMBER 20, 2005



Chairman Perkins called the meeting to order at 7:03 PM.


Selectman Andrews and Selectman Bond were present.

Selectman Wiksten and Selectwoman Brunelle were absent.





Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

            VOTED:  To approve the Minutes of December 13, 2004.

            Unanimous Vote.


Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

            VOTED:  To approve the Executive Minutes of December 13, 2004.

            Unanimous Vote.




Hearing – Request for Class II License – Vincent A. DiRusso – d/b/a The Vince Russo Collection


Chairman Perkins read the following:  “The Middleborough Board of Selectmen will hold a public hearing on Monday, December 20, 2004 at 7:05 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, for the purpose of discussing an application filed by Vincent A. DiRusso d/b/a The Vince Russo Collection, for a Class II License for the premises located at 29A Vine Street, Middleboro, MA (Assessors Map 58A Lot 132).  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.


Vincent DiRusso was present.  He returned the ‘Green Cards’.


Mr. DiRusso told the Board that he lives at 91 South Main Street.  He has been in business for 45 years, and currently holds a Class II License in Quincy.  He said his children are now running that business, and this would be his principal business.


Mr. DiRusso said he is requested a Class II License to sell vehicles to modeling agencies and motion picture agencies.  The vehicles will be stored inside, and shown by appointment only.  He said there would be no outside display.


Chairman Perkins asked how many vehicles would be stored.


Mr. DiRusso said it depended on how many are needed, but no more than 15.


Selectman Bond read a letter from the Building Commissioner.


Mr. Whalen said that the proposed use is allowable.  A W.R.P.D. Special Permit is not needed because no automotive service or repairs will be done on the property.  If more than four (4) cars are to be stored inside, the applicant will have to comply with the Massachusetts State Building Code 780 CMR Section 408.0 which covers public garages.  He would also have to comply with Massachusetts State Plumbing Code 248 CMR Section 2.09 which addresses floor drains.  A building permit would also be required for change of use.


Chairman Perkins also noted that correspondence from the Treasurer/Collector indicates there are municipal liens that will need to be satisfied prior to any license being issued.


Mr. DiRusso said the property is under agreement at this time, contingent on whether or not he is issued the License.


Mr. Healey asked about public access or display.


Mr. DiRusso said there will be no outside display, and access will be by appointment only.  He said the Registry does require minimal signage.


Mr. Healey asked if it would indicate a phone number.


Mr. DiRusso said it would.


Selectman Bond noted that a $25,000 Bond is required for Class II Licenses.


Mr. DiRusso said this was not an issue.


Selectman Andrews asked about the types of vehicles.


Mr. DiRusso said it would depend on what is required, noting that some could be “vintage”.


Mr. Healey asked if the vehicles are pre-leased.


Mr. DiRusso said some are, and some are buybacks.


Chairman Perkins asked about proposed hours.


Mr. DiRusso said 9AM to 5PM Monday through Saturday.


Selectman Andrews said he would like to “curtail” the Saturday hours.  Mr. DiRusso said he had no problem with that.


Mavis Lemmo, an abutter to the property, asked what would happen to the outside of the property.  She said she was concerned with vehicles being parked outside.


Mr. DiRusso said the property will be cleaned up, and no vehicles or trucks would be parked outside.


Arthur Lesperance, 25 Vine Street, asked if the cars would be test driven “up and down the street”.


Chairman Perkins said he was sure there would be instances that a client would try a vehicle.  He said if there was any racing, it would be dealt with in another manner.


Chairman Perkins noted that the request was not dissimilar to a License that was previously issued to a party on Spruce Street.


Mr. Healey said the Board has issued this type of license more than once.


Hearing no further comments, Chairman Perkins closed the hearing.


Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

VOTED:  To approve the application filed by Vincent A. DiRusso d/b/a The Vince Russo Collection, for a Class II License for the premises located at 29A Vine Street, Middleboro, MA (Assessors Map 58A Lot 132), subject to the following:   

·        Closure on property and satisfaction of municipal liens

·        Issuance of a Building Permit by the Town Building Department

·        No more than 15 cars to be stored inside the building shown by appointment

·        No onsite repairs to vehicles

·        Hours:  9AM to 5PM Monday through Friday; 9AM to 1PM on Saturdays

Unanimous Vote.


Hearing – Request for Variance – Massage Associates – 556 Centre Street


Chairman Perkins read a letter from Megan Bousquet and Jennifer Tavares, d/b/a Massage Associates, asking for a variance on Regulation 4.5 of the Middleboro Massage Regulations on the subject of separation of washing facilities and toilets.


The hearing was opened.


Bart Harrison, Animal/Health Inspector, read correspondence from the Health Officer supporting the request.


Hearing no further comments, Chairman Perkins closed the hearing.


Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

VOTED:  To approve the request made by Massage Associates, 556 Centre Street, for a variance of Regulation 4.5 of the Middleboro Massage Regulations, to allow the use of one (1) unisex bathroom due to space restrictions and low volume of use.

            Unanimous Vote.


Hearing – Class II Licenses – Rte. 28 Auto Works; Tom Auto; Gratuity Motors


Rte. 28 Auto Works


Hilary Bury was present.


Mr. Healey explained that he had visited the property to do inspections, and found no one present during the hours of operation.  He also said there doesn’t appear to be any vehicles for sale, but “junk vehicles” that are unregistered.  He supplied pictures.


Mr. Bury explained that he is a “wholesaler”, and presented his 2004 sales book to show the sales that have been made.  He said he runs the operation alone, and goes to auctions on Tuesday, Wednesday, Thursday, and Friday.  However, 9 out of 10 times, his mother is present in the office.  He said most of his business is done by repeat customers.


Mr. Bury explained that he buys “distressed” vehicles, makes repairs, and sells them.


Chairman Perkins asked if he did his own repair work.


Mr. Bury said he did.


Selectman Bond noted that a receipt was shown for a sale within the last couple of weeks.


Mr. Healey asked if Mr. Bury intended to “wholesale” vehicles when he originally applied for the license.


Mr. Bury said no, but explained that he had divorced in 2000, and lost almost everything.  He said he has plans to improve the property, including blacktop and landscaping.  A fence will also be erected in a wooded area in the back.


Mr. Bury said right now he deals with vehicles in the $1500 - $2000 range.  He said he would like to get into higher priced cars, explaining that banks don’t finance older vehicles.


Mr. Healey explained that the property cannot have more than one (1) unregistered vehicle unless they are for sale.


Mr. Bury said that he had allowed family and friends to store their vehicles on the property. 


Mr. Healey warned Mr. Bury that he was “skating between a Class II and Class III License.


Mr. Bury said he is trying to clean up the property.


Mr. Healey said there is a problem because the property is not being operated as a used car dealership as originally intended.


Mr. Bury said he intends to have a full line of cars.  He has been prevented from doing this by circumstances at this time.


Chairman Perkins asked how many vehicles are allowed.


Mr. Bury said 10.


Chairman Perkins asked if Mr. Bury could “get his act together within 6 months”. 


Mr. Bury said yes.


Chairman Perkins said he was not in favor of renewing the license unless Mr. Bury was in business.


Mr. Bury explained that this is his sole income.


Chairman Perkins suggested renewing the license, subject to quarterly reviews, and a “viable” business by mid-year.


Mr. Healey suggested Mr. Bury share his activity in terms of sales on a monthly basis.


Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

VOTED:  To grant the renewal of the Class II License for Rte. 28 Auto Works, to be reviewed in 6 months, to decide if the license should be continued after July 31st; to ask that records be provided for monthly sales; and remove all junk cars within the next three (3) days.

            Unanimous Vote.


Tom Auto


David Richmond was present.  Peter Geilear’s wife was also present.


Mr. Healey said no one was present during posted hours several times when he went to the site for inspections.  He said there is a large sign with two (2) phone numbers to call if anyone is interested in a vehicle.  He said, generally, the site is not manned.


Mr. Richmond said he was surprised that Mr. Healey did not find someone present.  He said he goes to auction once or twice a week, but there is a man there from 9AM to 5PM.


Mr. Healey asked who is supposed to be present.


Mr. Richmond said Chris DeSouza, who operates an adjacent repair shop.


Chairman Perkins asked what Mr. Geilear’s condition was.


Cheryl Geilear told the Board that Mr. Geilear is “very sick”.  She said that Mr. Richmond has put lots of time and money into the property, and it now looks 100% better.


Chairman Perkins said the Board had had a similar situation with the business last year.


Ms. Geilear said she could not understand why someone wasn’t there, noting there is always “someone there when I ride by”.


Mr. Healey said the garage door was not opened.  He also questioned if there was an approved repair operation at the property.  He asked why the sign would be posted if someone were present.


Mr. Richmond said for nights and weekends, beyond hours.


Mr. Healey asked Mr. Richmond how many hours are put into the business each week.


Mr. Richmond said he is in the office 20 hours a week, and on the road at auction at other times.


Selectman Bond objected to Mr. Healey being questioned as if he was wrong.  He explained that Mr. Healey is the “eyes of the Board”.


Ms. Geilear asked if someone had to be present “every minute”.


Chairman Perkins said yes, in accordance with the approved hours on the license.  He said he wanted assurance that the business is open when it’s supposed to be, and being operated as a used car dealer.


Ms. Geilear said she would have to discuss this with her husband.


It was the consensus to continue the hearing to January 3rd.  The current license will expire on December 31st.


Gratuity Motors


Nancy Tammaro was present.


Mr. Healey explained that no one had been present on two (2) occasions that he was there for an inspection.  He said the door was locked on one occasion, and open on another, but no one was present.


Ms. Tammaro told the Board that her boyfriend, who helps run the business, has been seriously ill.  She also explained that she has bought a ramp truck to make the work easier.  She said there are 10 cars, and the yard is clean.  There are no junk cars on the property.


Ms. Tammaro told the Board that she does not go to auctions, but gets vehicles from the “Heritage for the Blind” and an outreach program where vehicles are donated.


Chairman Perkins asked what would be done about the hours.


Ms. Tammaro proposed to cut down the hours during the winter.


The Board suggested continuing the hearing to January 3rd, to allow time for Ms. Tammaro to develop a business plan that would include alternate suggestions in reference to employees who ability to cover when she’s not available.


Hearing (cont.) – Request for Stable Permit – Kimberly Savino


Attorney Doris Muirhead was present to represent the applicants.


Attorney Muirhead explained that, at the previous hearing, it was thought that there was no an approved order of conditions form the ConCom.  She noted that these have been issued.


Attorney Muirhead said that the engineer plans for the home and the barn have been approved, as well as a septic design.  The closing is scheduled for Thursday.


Chairman Perkins read a letter from Rosemarie Correia, Agent for the ConCom, which said an Order of Conditions was issued allowing a dwelling and barn on the property.  The letter said that “the barn is located 37’ from the edge of the Bordering Vegetated Wetland leaving 12’ for use by the animals.  No associated grading is shown on the plan for that structure.  If any change in topography is proposed for the barn the applicant would have to come back before the Commission.”  Any change in the plans that within the Buffer Zone would have to go back to the ConCom for review.


Ms. Correia said she had extensively reviewed the wetlands regulations and found no reference to the number of animals allowed on the piece of property.  Ms. Correia had spoken to Gary Makuch at Mass Dept. of Environmental Protection, who agreed and said the Department would ask for a 25’ no touch from the Bordering Vegetated Wetland and would not allow usage of the wetlands for any farm purposes.  Any negative impacts to the wetland sin the future, such as from phosphate or nitrate loading, would be addressed by the ConCom at that time.


Attorney Muirhead said the original plan had been revised to comply with the 25’ setback.


Chairman Perkins said he wanted the Savino’s to be aware that, although there is no bylaw at this time in reference to the number of animals on the property, the board has instructed the Health Department to take care of this detail.  He said the Permit, if issued, would be for one (1) year.  If a set of rules and regulations are incorporated next year, they “will have to live with those regulations”.  He said the Board could not promise that they would be “grandfathered”.


Mr. Savino said the regulations would affect all farmers.


Attorney Muirhead noted that Middleborough is traditionally a “horse town”.  She asked how the rights of people who have permits now could be taken away.


Chairman Perkins said he was not “judging or threatening”, but was trying to be realistic. 


Mr. Healey said a more serious restriction might be imposed by the property itself.  He said there will less than 2’ to the groundwater on the most upland portion of the property.  A mounded septic system will have to be installed.  He said it won’t take long for the animals to create a bunch of mud, which could cause illness to the animals.


Darlene Anastas, Chairman of the Middleborough Agricultural Commission, said the “horse people” have given valuable input on establishing regulations.  She said a sub-committee has been established and a rough draft of a proposal for Stable and Animals Permits has been put together.  She said another meeting will be held in January, after final research has been done.  She said she expected to have a proposal for the Board in mid to late January.


Kim Savino told the Board that there would not be a substantial amount of mud on the property because of a maintenance plan that will be put in place.  She said this will not be an issue.


Bart Harrison told the Board that the main concern was the ¾ of an acre of useable land.  He said Ms. Savino had indicated, at the last meeting, that there are 2- 3 acres of useable land.  He also spoke to Dr. Chase who said he was not aware of Ms. Savino’s plan.  He said the doctor was not “overly in agreement” as far as the size of the paddocks.  He said they felt they would be inadequate.


Mr. Harrison said he also has seen a lot of farms that don’t meet the 1 acre/1horse rule, and maintain healthy animals.  He said he believed the rule to stem back to horses that graze, and are not fed.


Ms. Anastas said there is no 1 horse/1 acre rule. 


Linda Mann, an abutter, had concerns that the area is very wet.  She said she had had animals on a 5 acre piece of land, and the animals suffered greatly from the mud and wetness.


Neil Rosenthal said it will be hard to come up with absolute rules.  He said common sense comes into play.  He asked what powers the Board would have if “this doesn’t work out”.


Chairman Perkins said inspections are done, and the Board has the authority to revoke licenses.


Ms. Savino said, if the land is too wet, the proposal will be curtailed.  She said every piece of property is different.  She agreed she had made a mistake about the amount of useable land, and had spoken to Dr. Chase on the phone.


Hearing no further comments, Chairman Perkins closed the hearing.


Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

VOTED:  To issue a one year Stable Permit to the Savino Family for property located on Precinct Street.

            Unanimous Vote.


Meeting with Jane Lopes, Historical Commission – RE:  Nemasket Interceptor in area of Oliver Mill


Jane Lopes, and members of the Historical Commission, met with the Board to discuss the replacement of the sewer interceptor in the area of Oliver Mill Park.


Ms. Lopes told the Board that the Massachusetts Historical Commission had been told that the replacement of sewer interceptor would not be an adverse impact on the National Registered District. 


Ms. Lopes told the Board that the Commission had never been advised of an access road or 150-foot long, 7-foot high retaining wall.  She said an assumption was made that the pipeline would be installed where the old one was.  She said the only acceptable remediation would be to eliminate the access road and restore the bank to its original condition.


Ms. Lopes told the Board that the Commission had met with Mike Scipione on December 14th to discuss the concerns.  At the conclusion of the meeting, Mr. Scipione agreed to have a consultant from Public Archaeology Laboratories walk the site.  In addition, he agreed that his firm will develop alternatives to the concrete retaining wall, which he will present at a future meeting.


Mr. Scipione was present.  He told the Board that this is a difficult construction project.  He said, since the pipe was built to small in the 1940s, and as a result, has caused overflows, causing environmental damage in the area.  He said the sewer will be replaced in the same location, accept in one (1) area, to avoid houses.  He said there are very steep slopes, which are necessary to excavate to get to the new sewer.


Mr. Scipione explained that pipe bursting, which has less impact to the environment, was done in several other areas.  He apologized to those people who didn’t understand the plans that were presented at the public hearings.  These included an access road.


Mr. Scipione told the Board that, on Friday afternoon, PAL walked the sight.  He said a voice mail message was left saying there was no disturbance of archeological impact.  They said the area was already disturbed.  They also said they would like to see as much restoration as possible.  He said the main issue is what the site will look like afterward.  He said a different concept has been developed which will construct a 1:1 slope with large boulders at the base, a small retaining wall, and a small buried drainage swale.  The road has been narrowed to 8’ and brought to the edge.  He presented a computer artist rendering of what the area will look like from the Nemasket Bridge.


Mr. Scipione explained that access is important to the Town to maintain the sewer.


Ms. Lopes said she had not reviewed the amended drawings.  She said the site is still not being restored to what it was.


Selectman Bond asked how long the access road will be, and where the access will come from.


Mr. Scipione said it would be several thousand feet, and accessed from Oliver Mill Park to the wetlands.


Selectman Bond asked what has been done over the years for access.


Mr. Healey said there has been much difficulty in accessing the area.  He said the Town needs to be able to get in to do work to identify blockages.  He also said, in the past, manhole covers were opened by vandals.  They will now be locked.


Selectman Bond asked, if those two (2) problems are alleviated, was there really a dire need for the access road.


Mr. Healey said the intent has been to “try to soften as much as possible”, the disturbance.  He said it could even be softened more, but the Town needs to be able to get a small pick up in that area in the event work needs to be done on the line.


Selectman Bond asked about the vegetation.


Mr. Healey said this will take care of itself.  He said there was already a path there.  A temporary gate could be constructed at the end of the road until the vegetation grows back.  He said it is private property, of which the Town has an easement.


Chairman Perkins said there is no question that access is needed.  He said he was unaware of what it would look like.


Mr. Scipione said it is difficult to envision the completed project.  He said, in order to get equipment in the area, the work has been extensive.  When the project is completed, it will be an 8’ to 10’ wide road.


Chairman Perkins said he was surprised at the 7’ wall.


Mr. Scipione said the new details get rid of the wall.  He explained that access is needed for regular inspections of easements, cleaning, and closed circuit TV inspections.  He said a safer work environment will be provided at a lower cost.


Selectman Bond asked if the property owner was aware of the pitch.


Mr. Scipione said that it is the same elevation, with slightly less than a 45 degree angle.


Selectman Andrews said he didn’t believe the Town needed an access road.  He said he was concerned over the steep embankment.  He also noted that the proposed change should be a “huge dollar difference”, and wanted to be sure the Town was able to recoup some money.  He suggested instructing the Town Manager to review this.


Ms. Lopes said she would prefer not to see any fence.  She said she would like to see the area with trees as it was before.  She said, if there has to be access, a path should be constructed for a vehicle.  She also did not want to see the road graveled.


Chairman Perkins asked if there was any reason it could not be grass.


Mr. Scipione said it could be loamed and seeded, but would be more dangerous.


Chairman Perkins asked how frequently the access would be needed.


Mr. Scipione said “hopefully, not too” many.


Selectman Andrews suggested using some of the money saved to purchase trees.


Mr. Healey said the remnants of the stone wall on Charlie Thomas’ property needed to be addressed.  He said some of the stone had fallen into the excavation.


Mr. Scipione said the stones have been stockpiled and will be put back.


Joe Freitas said he would be surprised if there was much savings because fabric would have to be put along the bank to stabilize it.  He said he was concerned with water going down the hill, and not keeping the grass on it.  He asked why a 4 wheel ATV couldn’t be used rather than a vehicle.


Mr. Freitas said that Alan Leverly, PAL, had said there was not too much archeological impact done in the area because it’s a slope, and not a habitated site.  He said the top was still a concern.


Mr. Freitas said that he had revised the Annual town Report of 1947 and discovered the Thomas Brothers did the original work which was completed in 1950.  He said Weston & Sampson was also the engineering firm.


Gary Stanley, an abutter, asked how wide the easement is.


Mr. Healey said it is probably 40’ – 70’.  He said he knows where the easement is.


Mr. Healey noted that the area taken out was the same area that was taken out in 1950.  He noted this had got put back once.


Mr. Stanley said the stone wall is being destroyed, and the access road is causing a problem.  He suggested fill should’ve been brought in.


Mr. Scipione said the majority of the disturbance in the area is for the project, not the access road.


Bob Lessard said an ongoing problem has been with the Historical Commission being “left out of the loop”.  He gave the example of the demolition of the Grain Mill.  He presented aerial photos of the area.


Chairman Perkins asked about using an ATV.


Mr. Scipione said the current road is an 8’ path as opposed to the 20’ now.  He said the most minimal width for a vehicle will be used.  He said when it is completed, it will be 8’ wide.


Thomas Dexter, an abutter and member of the Historical Commission, said the revisions were a step in the right direction.  He said the concern was for Mr. Thomas’ lawn and stone wall.  He suggested efforts be made to keep him with a level lawn.


Ms. Lopes asked for clarification if the access would be a path or a road, and whether or not it would be gravel.


Mr. Healey said it didn’t make a difference if it was graveled, noting that leaf litter will eventually cover it. 


Selectman Andrews suggested a gravel base with loam on top.


Mr. Healey recommended that he and Mr. Scipione continue to work with the Historical Commission, to come up with a solution to bring back to the Board.


Selectman Andrews asked what the timeline was.


Mr. Scipione said the project is scheduled for completion by the end of January.  The majority of it is now complete.


Selectman Bond asked how the slopes would be protected from erosion.


Mr. Scipione said a lot of it would be covered by geotextiles.  He noted that the contractor is required to protect the slopes.


Dennis Foye, a member of the Historical Commission, expressed concerns with replacement of the 16’ section of the bridge wall torn down.  He said it would be a visual eyesore because of the different colored stone.


Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

VOTED:  To instruct Mr. Scipione to provide a mock up panel for workmanship and mortar color the stone wall that was torn down, for approval by the Historical Commission.

            Unanimous Vote.




Set Fee for 2005 Class II Licenses


Selectman Bond noted that Chapter 140 Section 59 had been amended, effective July 31, 2003, to allow a fee no greater than $200.  The current Class II License fee is $100.


Chairman Perkins noted that the Board has the authority to set the fees.


Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

            VOTED:  To raise the fee for Class II Licenses to $200.

            Unanimous Vote.


Renewal of 2005 Class II Licenses


Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

            VOTED:  To issue 2005 Class II Licenses for the following businesses:

                        Bud’s Trailer Repair – 14 Cushman Street & 432 Wareham Street

Leonel P. DaCosta d/b/a L.D. Auto Sales – 254 Wood Street

Modern Auto & Towing – 195 East Grove Street

Freiday’s Auto Sales, Inc. – 132 South Main Street

J & S Automotive (Runwell, Inc.) – 51 East Main Street

Josef’s Auto Sales, Inc. – 428 Wareham Street

Kelly’s Tire Mart, Inc. – 523 West Grove Street

Sachem Motors – 119 East Grove Street

Southeast Motors, Inc. – 603 Wareham Street

Henry Tinkham & Sons, Inc. – 103 Everett Street

Robert Weaver d/b/a Sport’s LTD – 539 Wareham Street

Robert Ventura d/b/a Ventura Motors – 307 Wood Street

Yankee Auto Sales – 85 Everett Street

A.M.S. Automotive Ctr Inc.  d/b/a Exit 3 Truck Ctr – 448 Wareham Street

Robert D. Stolz d/b/a R & S Auto Sales – 161 Wareham Street

Norm’s Repair, Inc. – 258 Old Center Street

Route 28 Auto Works, Hilary Bury – 463 Wareham Street

            Unanimous Vote.


Request to Approve 2005 Common Victualer’s Licenses – Health Officer


Upon motion by Selectman Bond, and seconded by Selectman Andrews, the Board

VOTED:  To issue 2005 Common Victualer’s Licenses to the following establishments, subject to re-inspection by the Health Officer:

Andrew’s Restaurant                            469 Center Street

            Apazidis Family Restaurant                   194 East Grove Street

            Binky’s Place                                       217 Bedford Street

            Brookfield Engineering              11 Commerce Boulevard

Burger King #5173                               460 West Grove Street

The Cabin, Inc.                         114 East Grove Street

Capeway Convenience Store                578 Wareham Street

Central Café                                         254 Center Street

Chianti’s Italian Restaurant                    58 East Grove Street

China Buffet                                         10 Merchant’s Way

Coffee Zone                                         69 Centre Street

Courtyard Restaurant                            360 Wareham Street

D’Angelo Sandwich Shop                     411 West Grove Street

Dave’s Diner                                        390 West Grove Street

Fireside Grille                                       30 Bedford Street

Fisher’s Chicken House                        450 Wareham Street

Friendly’s Ice Cream                            40 Bedford Street

Golden Roll                                          547 West Grove Street

Hideaway Restaurant                            9 Station Street

Knights of Columbus                            262 West Grove Street

Lindo’s Pizza                                        2 Wareham Street

Lisa’s USA Pizza                                  547 west Grove Street

Lorenzo’s Italian Restaurant                  500 West Grove Street

McDonald’s Restaurant                        14 East Grove Street

Middleboro Auction                             262 West Grove Street

Middleboro House of Pizza                   29 North Main Street

N&L Donuts d/b/a Dunkin Donuts        565 West Grove Street

Nathan’s Place                         134 North Main Street

Papa Gino’s                                         438 West Grove Street

Pappa Timmy’s                                    3 East Grove Street

Persy’s Place                                        43 Bedford Street

R.P.s Stage Stop                                  407 West Grove Street

Sisson’s Diner                                      561 Wareham Street

Streetside Café                         111 Centre Street

JGV, Inc. d/b/a Subway                       547 West Grove Street

Subway Sandwich Shop                       10 Merchant’s Way

Unanimous Vote.


Request to Waive Restrictive Covenant


Chairman Perkins read a letter from Joe Arruda and Stanley Kravitz, Tispaquin Realty Trust, in regards to the Restrictive Covenant that was placed on their Earth Removal Project on Tispaquin Street.


Selectman Bond abstained from the discussion because it involved Korpinen Cranberries.


Mr. Kravitz told the Board that he is in the process of applying to the State under the Farm Viability Program.  In this program, the State and NRCS will evaluate the Farm for helping with irrigation upgrades, dike reconstruction and replanting of the bogs.  In return, they would get a Deed restriction of development for a number of year.  Mr. Kravitz explained that the program is a competitive process if which they feel they have a good change of receiving valuable financial and technical help.  He said the Deed Restriction placed by the Board could compromise their standing with the Viability Program.


Mr. Kravitz said he understood the intent of the Board, but requested the waiver for this phase of work, which would only be done in already disturbed areas.  If, in the future, new construction begins, he would have no objection to the Covenant.


Chairman Perkins asked how long the State would impose the Restriction.


Mr. Kravitz said the last one was 20 years.  He said it would be a minimum of 10 years, with a maximum of 30.


Chairman Perkins said he was not opposed to the request, but noted the Board’s concern with the drop in the cranberry industry.  He asked if there would be any objection to granting the waiver subject to approval of the Viability Program.


Mr. Kravitz had no objection.


Upon motion by Selectman Andrews and seconded by Chairman Perkins, the Board

VOTED:  To approve the waiver of the Covenant Restriction for Earth Removal Permit #040-2, subject to approval of the Viability Plan by the State.

            Unanimous Vote.


Another letter from Scott Hannula was received with a similar request, questioning the Board’s authority to place the Covenant.  Selectman Bond suggested sending it to Town Counsel for his comments, and then scheduling a meeting with Mr. Hannula.


Request to Approve Restrictive Covenant


Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

            VOTED:  To accept the Restrictive Covenant for Earth Removal Permit #04-1, for Daniel and Janice O’Connor.

            Unanimous Vote.


Request to Appoint Police Officer – Police Chief


Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

VOTED:  To appoint the following individual to fill one of the six current vacant positions at the Police Department:

                        Gregory E. Trask                      Effective January 2, 2005

            Unanimous Vote.


Recognize Kramer Park Sponsors


The following 2005 sponsors of Kramer Park were recognized:


·        Albert R. Gamache – Carpenter & Builder, Inc.

·        Allen & Majors Associates, Inc.

·        Campanelli Companies

·        Cirelli Foods, Inc.

·        Colonial Maintenance Contractors, Inc.

·        Days Inn Middleborough

·        Debbie Blais Real Estate, Inc.

·        Oak Point

·        Pavestone Company

·        Plymouth Savings Bank

·        Wood Ventures Building Materials

·        Woodstove & Fireplaces Unlimited




There was no ‘Old Business’ discussed tonight.




Proposed Agreement with National Development & Draft ‘Existing Customers Only’ Intermunicipal Agreement (I.M.A.) with Lakeville


Mr. Healey provided a memo that detailed recent negotiations with National Development in regards to providing them with up to 42,000 gallons per day of water and wastewater services as part of the ‘Existing Customer Only” I.M.A. with Lakeville.


Mr. Healey also provided two (2) draft letters for Sherry Clancy, National Development, and a second from the Board to the Lakeville Selectmen regarding a possible I.M.A. for Existing Customers, including the increased consumption and flow requested by National Development.


Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

VOTED:  To authorize the Town Manager to send the letters and, with the Chairman, to finalize negotiations with National Development and the Lakeville Selectmen subject to ratification votes by the full Board.

            Unanimous Vote.


Jane Lopes asked if the deal with National Development could go through without an IMA.


Mr. Healey said Town Counsel has ruled that the IMA with Lakeville is necessary.


Earth Removal Inspections


Mr. Healey will ask the Board’s Secretary to copy all of the current Earth Removal Permits that have conditions requiring them to submit quarterly Project Plans and submit them to the Board for whatever action is deemed necessary.  Mr. Healey explained that only Scott Hannula and Makepeace have submitted the Plans.




Upon motion by Selectman Andrews and seconded by Selectman Bond, the Board

VOTED:  To pay the bill submitted by the W.B. Mason Company in the amount of $75.50.

Unanimous Vote.




Discussion – Town Manager Search – Committee Make-up, Advertisement & Application


This item will be held until the Board’s next meeting.




ü      The Board received correspondence from the Emergency Medical Services Advisory Committee in regards to AMR being sold.  They suggested the existing contract with AMR be reviewed by Town Counsel to see if there is any bonding or insurance issues.


Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

VOTED:  To ask Town Counsel for comments and concerns regarding the sale of         AMR. 

Unanimous Vote.


ü      Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board

VOTED:  To schedule an executive session meeting with the Fire Chief on January 10th in regards to his Contract.

            Unanimous Vote.


ü      Discussion ensued on correspondence from the Town Planner in regards to “Allie’s Way”; Rocky Gutter Street Dead-Ending.


Chairman Perkins said this has not come before the Board, and he was not in favor of it.  He asked Mr. Healey to convey this to the Town Planner.


Mr. Healey explained that a subdivision has been proposed, that includes a dead-ending plan.  Ms. Geoffroy has asked for a representative of the Board to attend a meeting on January 6th regarding this.


ü      A job posting for Administrative Assistant to the Police Chief was announced.


ü      The Board asked Mr. Healey to provide an explanation on a Grant Alert for the next meeting.


ü      The Police Chief has responded with comments to the proposed Protocol for Water Shut-Down.  Mr. Healey will obtain Oak Point’s signature.


ü      Mr. Healey was asked to find where a proposed 40B project called “Waterville Village” will be located.




Upon motion by Selectman Bond and seconded by Selectman Andrews, the Board      

            VOTED:  To adjourn at 10:20 PM.

            Unanimous Vote.



Diane Henault, Secretary