FEBRUARY 7, 2005



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


Selectman Bond, Selectman Andrews, and Selectwoman Brunelle were present.

Selectman Wiksten was absent.





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

            VOTED:  To approve the Minutes of January 31, 2005.

            VOTE 3 – 0 – 1 (Chairman Perkins abstained)




Hearing (cont.) – Request for Title V Variance – Vernon Street


Chairman Perkins noted this hearing had been continued from January 24, 2005 because no one had appeared at the hearing.


Frank Gallagher, the Engineer, apologized to the Board saying he had tried contacting the Town to see if the meeting would be held, as this was the day of the blizzard.  He assumed the meeting would be canceled.


Mr. Gallagher introduced Scott Faria, also of Gallagher Engineering.  The land owner, Mike Sands, was also present.


Mr. Gallagher explained that the property is the last lot in Middleboro on Vernon Street before the Taunton line.  He said the existence of the lot predates the health regulations.


Mr. Gallagher said his client is asking for a variance to the Town’s regulation requiring a 200’ separation from the well to the leaching field.  He said this distance cannot be met on this property unless the well was located within the wetland area, and this is not permitted.


Mr. Gallagher said approval for the well site has been given by the ConCom.


Jeanne Spalding provided copies of the Town’s regulations regarding the location of well sites.  She noted specific verbiage that requires specific standards to be met before a waiver can be considered.  She said none of the application meets the criteria.  She denied the request.


Ms. Spalding also noted that the requirements for drainage regulations have not been met. 


Mr. Healey, the Town’s Health Agent, noted Ms. Spalding’s summary, and said it would be “impossible to make a positive recommendation”.


Mr. Faria addressed the drainage issue saying that the proposed grading around the house is what is required by the ConCom.  It insures no impacts on abutting properties.  He said he also had results of a sanitary survey to submit.


Mr. Gallagher read the results of the survey and reviewed the plan.  He said the topography slopes from the northern side to the south where the river is located.  He said groundwater flow mirrors surface water in almost every case, and he said he was certain it did in this case.  He said the leaching field will flow directly away from where the well is located.


Mr. Gallagher said the system is in compliance with Title 5 requirements, which provide adequate protection.  He said enough of a filter is provided to cleanse the leachate being discharged into the ground.  It then hits the water table and moves away from the well.


Selectman Bond asked about abutting properties.  He asked how far north of the well the abutting septic system is.


Mr. Gallagher said it is about 125’ away.


Selectman Bond noted the Board has the discretion to require 200’.


Selectman Bond noted the analysis showing that the applicant’s system would not pollute abutting properties.  He asked about abutters’ septic systems endangering the health and safety of the applicant’s site.


Mr. Gallagher said “anything’s possible”.\


Selectman Bond asked if the property was in an area that floods.


Mr. Gallagher said part is in the 100 year flood plain.


Mr. Faria said the flood plain does not encompass the abutting property.


Selectman Bond asked if the applicant knew if the existing septic system on the abutters’ lot could have a negative effect on the proposed well.


Mr. Faria said he could not say with certainty.  He noted Title 5’s regulations say 100’ is an acceptable distance.


Selectman Andrews said that his issue was concerning dealing with the Town’s bylaw.  He noted that it had been adopted at Town Meeting, and therefore was what the residents wanted.  He said if the waiver was granted it could change the value of many pieces of property in this type of condition.  He encouraged the applicant to change the bylaw to be consistent with MA DEP requirements.


Mr. Faria said the bylaw should be respected, but noted that it doesn’t allow for grandfathering of lots.  He also noted that abutting properties cannot be controlled.


Selectman Andrews asked how long the existing owner has owned the property.


Mr. Gallagher said since around 1978.


Selectman Bond said he was less concerned with the distance as he was with the health and safety of the occupants and the neighboring sites and roadway.  He said the applicant had only addressed this site.


Mr. Gallagher suggested monitoring wells could be installed.


Selectman Andrews asked if consideration had been given to moving the abutters’ well.


Mr. Gallagher said no.


Mr. Faria said the abutting lot is also small, and would not be able to get as much separation from the well and septic system.


Ms. Spalding said other issues with the request include being sensitive to flooding issues.  She said there is potential, when the brook floods, to run across this section of the property and the back side of the abutters’ property.  She said, during the high flood season, ground waters will back up with no where to go, and will impact the well.  She said the request is actually for two (2) different variances, noting the existing cesspool is only 120’ away.  She noted that the property would also be “built up”, which will alter the flood storage.  Having no back yard will also compound the issue.


Ms. Spalding said we are just coming off a 10 year drought situation, and the brook has still flooded within this time.


Selectwoman Brunelle asked, if there was an existing house on the property with a failed system, would she make the same recommendation.


Ms. Spalding said because it was pre-existing, the Board could only ask for the maximum feasible compliance.


Selectwoman Brunelle said her concern was that there was not an existing dwelling.


Selectman Bond asked for any other solutions, such as a tank instead of a leaching field.


Ms. Spalding said tight tanks are not allowed for new construction.


Mr. Gallagher said there are technological solutions, including “fast systems” which provide additional treatment to the leaching areas, as it removes more contaminants. 


Ms. Spalding asked how much area needs to be filled in within the flood zone.


Mr. Gallagher said there will be some filling, and noted that ConCom has already given approval.  He said “compensatory storage” will also be created, equal to or in excess, to what is being filled.


Mr. Healey said he was still concerned with flooding.  He said, based on the locus, the Taunton River may be even more of a flood impact than the Poquoy Brook.


Mr. Faria said a large study had been done, which mentioned this property, as being higher than any other in the area.


Chairman Perkins read a letter from David and Judy Thompson, 6 Vernon Street, opposing the request.  Mr. and Mrs. Thompson’s property abuts the applicant’s property.  They said they “know very well how the Poquoy Brook and Taunton River flood both properties during the spring thaw”.


Hearing no further comments, Chairman Perkins closed the hearing.


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

VOTED:  To deny the request made by Gallagher Engineering for a waiver from the Town’s regulation requiring 200’ distance from a well to a septic system.

            Unanimous Vote.


Meeting with Comcast – RE:  Twin Coach Estates


Mary O’Keefe and Doug Carr, Comcast, were present.  Paul Falce, Chairman of the Town’s Permanent Cable Committee, was also present.


Mr. Carr noted that the request was to feed cable to Middleboro residents through Lakeville.  He said the reason is that cable would have to come from Rte. 105, under Rte. 495, and up Rte. 79 to the beginning of Twin Coach.  Digging would have to be done under Rte. 495.  He said that this would be a “tough area” to dig because of the traffic.


Chairman Perkins said he was concerned because he wanted Middleborough residents to have the ability to access local programming.


Ms. O’Keefe said permits from the State and MBTA would be necessary to dig.


Selectwoman Brunelle asked if there were any current customers being provided service through Lakeville.


Ms. O’Keefe said she did not know of any.


Chairman Perkins noted at least one (1) development on that side of Rte. 495 in Middleboro.  He said this included Crest Drive.  He said there are also residents on Vaughan Street and Wood Street.


Mr. Falce said all of these residents are fed through Lakeville.  He said the request has been done before, and would effect the loss of two (2) “school channels”.


Selectwoman Brunelle asked why Ms. O’Keefe’s letter had indicated a cost to residents if it was brought from Middleboro.


Ms. O’Keefe said there would be no charge, noting there is a “density formula”.


Chairman Perkins said he would prefer that cable obtain the necessary permits to provide service from Middleboro.


Mr. Falce suggested allowing the service to be brought in from Lakeville as requested, and, in the future, requiring cable to be brought through Middleboro.


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

VOTED:  To approve the request made by Comcast for permission to provide cable service from Lakeville to the Middleborough residents of Twin Coach Estates.

            Unanimous Vote.


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

VOTED:  To request that Comcast pursue the permitting process to provide service to Middleborough residents from the Town of Middleborough.

            Unanimous Vote.


The Board will follow-up on this in three (3) months.


Hearing (cont.) – Request for WRPD Permit – Outback Engineering, Inc. – 668 Wareham Street


This hearing had been continued from January 24, 2005.


John Marchand, Outback Engineering, was present to represent the owner, Tony Bertelli.  He returned the green cards.


Mr. Marchand said the request is being made to allow construction of a 7,440 s.f. building which will include 1,000 s.f. of office space, and the remaining would be used for storage of construction equipment.  This is an existing site, not located in Zone A or Zone B of the wetlands protection area.  He said there are no ConCom issues or wetlands.  A drainage analysis showed no increase in offsite flow.  An impervious area would be added, which flow would be intercepted by groundwater infiltration. 


Mr. Marchand said the property currently contains an existing 3-bedroom house, an existing retail shop and an existing garage.


Selectman Andrews asked why the vehicle spaces are 20’ long.


Mr. Marchand said they will be 9’x18’.


Selectwoman Brunelle asked if vehicles would be serviced there.


Mr. Bertelli said equipment would only be stored.  Repairs would only be done if equipment broke down on the site.


Chairman Perkins read a letter from the Building Commissioner who asked why the existing house would not be tied into the new system, and noted the applicant would have to comply with Massachusetts Plumbing Code 248CMR Section 2.09 which addresses floor drains, or seek a variance from the State.


Mr. Bertelli said he had no problem complying with this.


Mr. Healey asked who was currently living in the house.


Mr. Bertelli said it is rented out.


Mr. Healey asked what business was in the retail shop.


Mr. Bertelli said it had been an upholstery shop.


Geraldine Oulundsen, 663 Wareham Street, explained that she lives at Stonebridge Condominiums which are located across the street.  She said she had questions regarding the impact of the project on the area.


Chairman Perkins noted that the hearing was only in reference to the Water Resource Protection District.


Ms. Oulundsen said she was concerned with the safety because of heavy traffic.  She also questioned if there were any limitations on the hours of operation.


Chairman Perkins said this was beyond the Board’s purview.  He said the property is zoned to allow what the applicant is requesting.


Selectman Andrews noted Ms. Oulundsen’s concerns are zoning issues. 


It was also noted that there are no regulations as to hours of operation.


Ms. Oulundsen asked when the area had been zoned for business.


Mr. Healey said 1958.  He said the area has been a mixed use district since the inception of zoning.


Hearing no further comments, Chairman Perkins closed the hearing.


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

VOTED:  To approve the request made by Outback Engineering, Inc. on behalf of Tony Bertelli, 54 Miller Street, Middleboro, MA  02346, for a Special Permit under the Water Resource Protection District By-law, to allow the construction of a 7,440 s.f building to be used as an automobile storage garage for property, located at 668 Wareham Street, currently contains an existing 3-bedroom house, an existing retail shop, and an existing garage.  The property is shown as Assessors Map 109 Lot 3139, zoned General Use, W.R.P.D. “Z4”.  The Board further found that the project:

a.       Is in harmony with the purpose and intent of the WRPD By-law and will promote the purposes of the Water Resource Protection Districts.

b.      Is appropriate to the natural topography, soil, and other characteristics of the site to be developed.

c.       Will not, during construction or thereafter, have an adverse environmental impact on the aquifer or recharge areas, and

d.      Will not adversely affect any existing or potential water supply.

Unanimous Vote.


Hearing – Request for Title V Variance – 95 Cherry Street


This hearing was continued to February 28, 2005 at 7:40 PM at the request of the applicant.


Meeting with Carver Board of Selectmen & William Simeone – RE:  Agreement


Members of the Carver Board of Selectmen were unable to attend tonight’s meeting.  Mr. Simeone was present.  Jeff Youngquist, an engineer for the project, was also present.


Mr. Healey noted, as part of the agreement, Mr. Youngquist will be putting water saving devices in public buildings to save 18,000 gallons of water per day, in exchange for the Town providing 9,000 gallons of water per day for the Shaw’s project in Carver.


The Board was given copies of the successor Water Agreement with Carver.  It was noted that the Board had agreed to this some time ago, but the Agreements had not been signed.  Attorney Murray has reviewed the Agreements and signed for “acceptance as to form”.  The Simeone Agreement was also given to the Board.  This is an agreement between the Town of Carver and Middleborough, and William Simeone.




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

VOTED:  To sign the successor Water Agreement with the Town of Carver, and the Water Agreement between the Town of Middleborough, Town of Carver, and Simeone family.

            Unanimous Vote.


Mr. Healey noted a $250,000 contribution to the Water Enterprise Fund from the Simeone family .


Selectman Bond asked who had drafted the documents.


Mr. Healey said he had, and they had been reviewed and modified by Town Counsel.  They were also reviewed by Carver’s Counsel, and the Simeone family counsel.


Selectman Bond said he was trying to understand the difference between substance and form in regards to Town Counsel reviewing documents.


Mr. Healey explained that Town Counsel reviews as to form, and also makes suggestions which are incorporation in the redraft.


Selectman Bond said he would assume that “as to form” meant it was also reviewed for substance.




Request to Hold Festival – Middleborough Lions Club


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

VOTED:  To allow the Middleborough Lions Club to hold a ‘Middleborough Lions Family Festival’ in downtown Middleborough on August 19th and August 20th, 2005 from 9AM to 5PM as follows:

v     From South Main Street (Webster Street Intersection) to North Main Street (Grant Building); and

v     From Center Street Four Corners to Post Office/Benny’s Intersection

Unanimous Vote.


The Board will notify the Police and Fire Chiefs, and the Highway Superintendent.




There was no ‘Old Business’ discussed tonight.




Landfill Odor Complaints and Response Actions


Mr. Healey told the Board that there have been numerous complaints of hydrogen sulfide gas odors in the neighborhoods around the Brook Street Landfill.  He said he has responded to calls and visited neighborhoods when the odors were present.  He said the nuisance odors have been severe.


Mr. Healey noted that a contractor has been hired to regrade, reshape and place compacted soils on the face of Phase One.  In preparation for this, gas flares have been removed.  They will be reinstalled as soon as possible.  A quantity of Zeolite, a product that absorbs landfill gases, has also been purchased.


Mr. Healey has delivered recent test results to Plympton Selectman Rob Vautrinot, and information has been given to abutters.


Selectwoman Brunelle asked Mr. Healey to provide a timeline to the Board.


Financial Update


Mr. Healey noted that the Governor’s Budget (H-1) would give the Town no new Chapter 70 Education money for the fifth straight year.  There would be a $340,000 increase, largely lottery money.


Mr. Healey said he is proposing to rezone the land across from Stop & Shop.  Currently, only 300’ back from the road is zoned business.  Beyond that is residential.


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

VOTED:  To authorize the Town Manager to continue moving forward with the Planning Board.

            Unanimous Vote.


Hydrant Flags


The Water Department is shopping for these flags.  Mr. Healey said he felt there was some “price gouging” going on right now.


Selectman Andrews suggested talking to local welders.


Waste Management Agreement


Mr. Healey provided the latest draft of the Landfill Operating Agreement to the Board for any comments or suggestions.


Selectman Bond said he had several comments, and would bring them to the attention of Mr. Healey, who will pass them on to the WMAC.


Lakeville IMA


The Board has not yet received a written response from the Lakeville Board of Selectmen in regards to the latest version of the proposed IMA. 


Chairman Perkins said he would go to Lakeville for information.




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

VOTED:  To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $611.66, $187.81 and $58.33, totaling $857.80.

            Unanimous Vote.




v     Selectman Bond said he is still working on getting the Red Sox World Series Trophy to come to Middleborough.  He has been told that State Senators will be given the trophy for a day to travel around in various parts of the area.  Selectman Bond said he will try to get further information.


v     The Middleborough Gas & Electric Department was recognized as a sponsor of the Kramer Park.




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

VOTED:  To send Chairman Perkins to the Middleborough Kiwanis Club’s Man of the Year awards dinner as the Board’s representative.

Unanimous Vote.


ü      Selectman Bond and Chairman Perkins were thanked for submitted the Board’s Annual Report.


ü      The Board received correspondence from the Housing Authority in regards to transferring property on Wood Street and Wareham Street that was voted at the 1990 Town Meeting.


Mr. Healey noted that one of these parcels is being considered for a new police station. 




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

VOTED:  To invite Arlene Dickens, Chairperson of the Housing Authority, to meet with the Board.

      Unanimous Vote.


ü      A job posting for Library Director will be forwarded to the Personnel Board to review the Job Description.


The Board noted Marjorie Judd, who is retiring, will leave an incredible loss for the Town.


ü      A seminar regarding Deferred Compensation Plans will be held for Town employees.


ü      The Board did not vote to approve a request from the Woods Hole Research Center for access to the Town’s GIS mapping information.  It was noted that the town’s maps are used for tax map purposes.  The Research Center will be referred to contact SRPEDD.


ü      The Board received a letter from Paul Grace, 12 Brook Street, complaining of the landfill odor and the Town’s lack of response.


Mr. Healey has drafted a response.


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

      VOTED:  To authorize Chairman Perkins to contact Mr. Grace.

      Unanimous Vote.


ü      The Board discussed a request from the Town Accountant to contract with the Board.


Chairman Perkins said Ms. Higgins is currently part of the Non-Union Bargaining Group.  Although she has the right to approach the Board for a contract, he is not in favor at this time.  He noted negotiations with the Group are about to begin.  A lot of time was put into the Bargaining Agreement and Grid and Steps.  Taking someone out of the Group would say that the Board has no confidence in what was done.  He said it would not be fair to others to do right now.


The only other person currently in the Non-Union that could contract with the Board would be Ruth Geoffroy.


Selectwoman Brunelle noted that the previous Town Accountant, Sandy Bernier, was also Town Clerk, and could not contract with the Board. 





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

VOTED:  To enter into Executive Session at 9:20 PM to discuss Litigation which would otherwise be detrimental to discuss in Open Session, and Contract Negotiations, not to return to Open Session.

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

            VOTE 4 – 0





Diane Henault, Secretary