SELECTMEN’S MEETING

DECEMBER 18, 2006

 

Chairman Perkins called the meeting to order at 7:37 PM.

 

Selectman Bond and Selectwoman Brunelle were present.

Selectman Andrews and Selectman Spataro were absent.

 

Chairman Perkins apologized for the late start explaining that the Board had had an earlier executive session.

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of December 11, 2006.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of December 18, 2006.

            VOTE 2 – 0 – 1 (Selectwoman Brunelle abstained)

 

HEARINGS, MEETINGS & LICENSES

 

Hearing – Request for Earth Removal Permit – GAF Engineering/W.L. Byrne, Inc. – Off Chestnut Street

 

Chairman Perkins read the following:  “A hearing will be held in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA  on Monday, December 18, 2006, at 7:05 PM, for the purpose of discussing an application filed by GAF Engineering, Inc. on behalf of W. L. Byrne, Inc. for an Earth Removal Permit for property located off Chestnut Street, Middleborough, MA, Assessors Map 062 Lot 2726.  The reason for this request is for construction of cranberry bogs and continued expansion of an existing reservoir.  Anyone desiring to be heard on this matter should appear at the time and place designated.”  The hearing was opened.

 

Glenn Amaral, GAF Engineering, returned the green cards.  He also provided copies of an amended plan that made a change on the title block.

 

Mr. Amaral explained that there is a current Earth Removal Permit on this property.  The proposal is to continue with this Permit, with no expansion.  He said another three (3) years is needed to finish what was originally permitted.

 

The proposal is to remove 240,000 yards in two (2) phases beginning with the east and then moving northeast, progressing to the westerly side.

 

The plans showed the area that needs to be excavated to put in the next two (2) sections of bogs.  The other bogs are almost ready for planting.

 

Mr. Healey said the applicant is making good progress.  He asked if there would be more tree clearing.

 

Mr. Amaral said the present tree line would stand.  He said the next round may require getting into the trees.

 

Jane Lopes asked how much material has been removed from the site.

 

Mr. Amaral said about 250,000 yards half-way into the project.

 

Alan Lindsay, an abutter to the property, said he has represented the neighbors since 1979 when over 300 people attended the initial hearing.  He said there has been an ongoing concern in regards to screening on the property because it is in residential zoning.  A previous letter from Town Counsel said that no gravel can be processed on site that needs to be trucked back to the main pit.  The other concern was that he resides within walking distance of the exit road.

 

Mr. Lindsay also questioned why trucks leaving the property were not identified as Byrne S&G trucks.

 

Mr. Amaral explained that placards are required for vehicles hauling from the property.  He noted that not all the vehicles are Byrne S&G vehicles.  He also noted that screening is allowed for only bog sand and loam to reseed.

 

Mr. Lindsay commended Mr. Byrnes for the care that his truck drivers use.

 

David Mackiewicz, 139 Rocky Meadow Street, asked for clarification on the plan.  He asked about the two (2) retention ponds.

 

Mr. Amaral said a proposed reservoir connects to the one in the south.

 

Mr. Mackiewicz asked if the project had gone as far east as it would.

 

Mr. Amaral said yes, explaining it will progress westerly.

 

Mr. Mackiewicz said he had no problem with the project.  His only concern last year was the dust that was created.  He said Mr. Byrne took care of the problem to the best of his ability.

 

Hearing no further comments, Chairman Perkins closed the hearing.

 

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

            VOTED:  To approve the request of GAF Engineering, Inc. on behalf of W. L. Byrne, Inc. for an Earth Removal Permit for property located off Chestnut Street,             Middleborough, MA, Assessors Map 062 Lot 2726 for construction of cranberry          bogs and continued expansion of an existing reservoir.

            Unanimous Vote.

 

The Order of Conditions will be set at the January 8th meeting.

 

Hearing – Animal Complaint – Reynolds – 587 Plymouth Street

 

Chairman Perkins read a letter addressed to Randy Reynolds, 587 Plymouth Street, requesting that he appear at tonight’s meeting to resolve the matter of a vicious dog complaint filed by Steve Nelson, 600 Plymouth Street and/or the Animal Control Officer.

 

The hearing was opened.

 

Jayson Tracy was present.  He told the Board that on July 16, 2006 a black lab mix owned by Mr. Reynolds bit a resident going by the property.  The victim did not wish to pursue the issue other than finding out if the dog was licensed and vaccinated. 

 

Mr. Tracy said the dog had not been licensed at that point.  It was quarantined.

 

On October 14th the same dog attacked and bit Mr. Nelson’s dog.  The vet bill was paid by Mr. Reynolds.

 

On November 18th Mr. Nelson was walking his dog when the lab crossed the street.  Mr. Nelson had to pick up his dog because the lab was acting aggressively.  Mr. Reynolds called his dog back.

 

Chairman Perkins asked Mr. Tracy for his recommendation.

 

Mr. Tracy suggested a cable dog run when the dog is in the yard.

 

Selectwoman Brunelle asked if that was similar to a permanent restraining order.

 

Mr. Tracy said yes.  The dog would have to be on the cable when not in the house.

 

Mr. Reynolds was also present.  He told the Board that the first incident did not involve his dog.  He said he has already put up a cable for the dog.

 

Mr. Reynolds said his child let the dog out on the other occasions and he “can’t be responsible”.

 

Mr. Reynolds also asked that Mr. Tracy leave notices in his mailbox, noting that his dog had “destroyed the kitchen” when Mr. Tracy came on the property and was “looking in the doors”.  He also said Mr. Tracy doesn’t return phone calls.  He said he wanted a police officer to be present with Mr. Tracy when on his property.

 

Mr. Tracy said phone calls are not returned if a number is not left or it is unintelligible.  He also said it is against federal law to leave notices in a mailbox.  He said he leaves tags on the door knob.  He is allowed onto common areas.

 

Chairman Perkins asked about the request for a police officer.  He suggested this would not always be possible.

 

Mr. Tracy said that is a “fairly easy request”.  He would check with the Chief.  He noted that the dog is not the only issue on the property.  He said there have also been issues with horses and cows.  He said he is only dispatched for public safety situations, and almost always is accompanied by a police officer.  He asked if the Board wished him to verify the cable that Mr. Reynolds put up.

 

Mr. Reynolds objected saying he had provided pictures for the Board.

 

Chairman Perkins asked Mr. Tracy if he was satisfied with the pictures.

 

Mr. Tracy said he did not know when the cable had been put up, or whether or not it was still up and being utilized.

 

Chairman Perkins asked Mr. Reynolds if he would “grab the dog” if he was dispatched to the property because the dog was running loose.

 

Mr. Tracy said only if the dog was off the property.

 

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

            VOTED:  To order that a permanent restraining order be placed on the dog to   keep the dog permanently restrained by leash or lead at all times when outside of       the residence.

            VOTE 2 – 0 -1 (Selectman Bond abstained)

 

Appointments to Personnel Board

 

Chairman Perkins announced that one of the three applicants for Personnel Board had withdrawn his application.

 

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

            VOTED:  To appoint Talli Jones and Kristy Fiore to the Personnel Board for a three (3) year term.

            Unanimous Vote.

 

 

 

NEW BUSINESS

 

Request to Renew Class I & Class II Licenses – Town Manager

 

Mr. Healey said he had conducted inspections last week.  He said Gratuity Motors appears to still be active without a Class II License.  He has sent a letter.

 

Selectwoman Brunelle suggested a copy be sent to the Registry.

 

Mr. Healey said he has sent a letter to Vince DiRusso to address issues of violations of conditions on his Vine Street license.  He noted that the minutes of the meeting when the license was granted said that Mr. DiRusso stated that “the property would be cleaned up and no vehicles or trucks would be parked outside.”

 

Mr. Healey said he will also speak to Robert Weaver, Sports LTD, regarding a letter that was sent to the Board by a customer complaining that Mr. Weaver would not fix a vehicle that he had sold.

 

Discussion ensued on whether or not the Board has jurisdiction to get involved in this.

 

Mr. Healey said the issue was brought to the attention of the Licensing Board and should be brought to the attention of the licensee.

 

Selectman Bond suggested Mr. Healey speak to Town Counsel before speaking to Mr. Weaver.

 

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

            VOTED:  To renew the Class II Licenses for the following:

            Exit 3 Truck Center448 Wareham Street

Bud’s Trailer Repair – Cushman & East Grove Streets

Dacosta, Leonel d/b/a L.D. Auto Sales – 254 Wood Street

Freiday, Joseph T. d/b/a Freiday’s – 132 South Main Street

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

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

Metropolitan Waste Equipment, Inc. – 22 Cambridge Street

Scott Hyman d/b/a Sachem Motors – 119 East Grove Street

Scott Hyman d/b/a XXX-treme Cycles – 119 East Grove Street

Tinkham, Henry & Sons, Inc. – 103 Everett Street & 72 East Grove Street

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

William McDermott d/b/a Yankee Auto Sales – 85 Everett Street

Runwell, Inc. – 195 East Grove Street

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

Southeast Motors, Inc. – 603 Wareham Street

R & S Auto Sales – 161 Wareham Street

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

Peter Geillear & David Richmond d/b/a Tom Auto – 236 West Grove Street

Vincent A. Dirusso d/b/a The Vince Russo Collection – 29A Vine Street

Elie Saliba d/b/a Platinum Auto Export – 18 West Grove Street

Topham Automotive, Inc. – 85 East Grove Street

McGee Chevrolet – 161 South Main Street

Hylan Group LLC d/b/a Hylan Auto Sales – 90 East Grove Street

Gas Depot & Service – 5 Station Street

Route 28 Auto Sales, Hilary J. Bury - 463 Wareham Street

The Auto Liquidation Group – 66 & 68 West Grove Street

            Unanimous Vote.

 

 

OLD BUSINESS

 

12 Highland Street (waiting for decision)

 

 

Downtown Parking

 

Selectman Bond asked if the marked spaces for parking had “gotten bigger”.  He also inquired about the spaces before the crosswalks.

 

Mr. Healey said he would ask.

 

Lakeville IMA

 

 

TOWN MANAGER’S REPORT

 

Scott Hannula’s Earth Removal

 

Mr. Healey told the Board that Mr. Hannula will not be removing any more material from this site.  Remaining material will be stockpiled for use there and on other bogs that Mr. Hannula owns.

 

Mr. Healey recommended the Board issue a Certificate of Compliance stating that the Earth Removal is complete.

 

Chairman Perkins said he would like to see an “as-built” plan.

 

Selectman Bond agreed, saying it would confirm that the project is complete.

 

Mr. Healey said he would do this.

 

SELECTMEN’S BILLS

 

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

            VOTED:  To pay the bill submitted by FedEx in the amount of $15.41.

            Unanimous Vote.

 

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

            VOTED:  To pay the bill submitted by SEMASS Partnership in the amount of   $12,009.12.

            Unanimous Vote.

 

OTHER

 

Tax Classification Hearing

 

The Board received correspondence from Barbara Erickson suggesting that the Classification Hearing scheduled for December 20th be postponed.

 

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

            VOTED:  To postpone the Tax Classification Hearing until Tuesday, January 2nd            at 7PM.

            Unanimous Vote.

 

CORRESPONDENCE

 

v     The Board received correspondence from Town Counsel regarding the dog issue with Lisa Bellefeille.  Attorney Murray told the Board that it appears Ms. Bellefeille is now in compliance.

 

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

            VOTED:  To cease further actions with Lisa Bellefeille.

            Unanimous Vote.

 

Selectman Bond noted that the correspondence also suggested the Police Prosecutor seek issuance of a criminal complaint for infractions involving dog cases.

 

Selectwoman Brunelle agreed saying it was more “cost effective” than having Town Counsel do.

 

Selectwoman Brunelle suggested asking legislators to “mend” the penalties associated with failure to license and failure to vaccinate as they are “nominal”.

 

Selectman Bond noted that one of the penalties is a Town Bylaw.

 

Selectman Bond suggested other communities be asked if they have something more cost effective.

 

v     Letters from the Chamber of Commerce and Joseph & Susan McCusker were received in regards to the tax shift.

 

v     The Board received correspondence from the MBTA seeking consideration on the train schedules that are in use.  The MBTA has received a number of requests to add a later train service.

 

      It was suggested that the public send letters to the Board’s Secretary, or post on the            Town’s website.

 

v     Upon motion by Selectwoman Brunelle and seconded by Selectman Bond, the Board

            VOTED:  To send a letter acknowledging the Peirce Trustees’ gift of                                         $178,464.61, the cost to date for the painting of the Town Hall.

            Unanimous Vote.

 

v     The Town has received Notification of Preliminary Certification from the Department of Revenue.

 

v     Information from Robert Malcolm, Edgewood, will be sent to the Town’s insurance company.

 

 

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

            VOTED:  To enter into Executive Session at 8:53 PM, not to return to Open     Session, to discuss a grievance.

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

            VOTE 3 - 0

 

 

 

 

                                                           

Diane Henault, Secretary

BOARD OF SELECTMEN