JANUARY 5, 2004


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

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



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

VOTED: To approve the Minutes of December 29, 2003.

Unanimous Vote.


Hearing – Request for WRPD Special Permit – Blais Builders, Inc. – Washburn Street

Chairman Perkins read the following: "The Board of Selectmen will hold a public hearing in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, Middleborough, MA on January 5, 2004 at 7:05 PM, for the purpose of discussing an application filed by Leeann Bradley, Outback Engineering, Inc. on behalf of Blais Builders, Inc., for a Special Permit under the Water Resource Protection District By-law, to allow the construction of a single family home within the one hundred (100) foot wetland buffer zone. The property is located on Washburn Street and is shown as Assessors Map 49L, Lots 4033 and 4035, zoned Residential Residence B, W.R.P.D. "Z2". Anyone wishing to be heard on this matter should appear at the time and place designated." The hearing was opened.

Leeann Bradley, Outback Engineering, Inc., was present. She returned the green cards.

Ms. Bradley told the Board that the Special Permit is being requested because of a disturbance within the 100 foot wetland buffer zone.

Ms. Bradley also told the Board that, in response to comments made by the Building Commissioner, the plans were revised. The house has been moved forward 15’, and the silt fence and haybale line were also pulled forward. As a result of the revision, only 21 sq. ft. of disturbance occurs within the buffer zone.

Chairman Perkins asked if an Order of Conditions was issued by the Conservation Commission.

Ms. Bradley said the Conservation Commission has approved the plan and issued the Order.

Chairman Perkins read the letter from the Building Commissioner, which included "….I feel that there is a substantial potential for negative impact on this buffer area and some of the hardship is self-imposed. i.e: The submitted plan shows that the proposed house and deck to be about 16’ within the 100’ buffer, yet the basic zoning of 25’ min. set back from the street will allow the house to moved forward 15’."

Chairman Perkins noted that the plan has been altered to satisfy the concerns of the Building Commissioner.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request made by Leeann Bradley, Outback Engineering, Inc. on behalf of Blais Builders, Inc., for a Special Permit under the Water Resource Protection District By-law, to allow the construction of a single family home within the one hundred (100) foot wetland buffer zone. The property is located on Washburn Street and is shown as Assessors Map 49L, Lots 4033 and 4035, zoned Residential Residence B, W.R.P.D. "Z2". The Board further found that the project is

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

Unanimous Vote.

Hearing – Renewal of Class II License – Sports LTD

Robert Weaver, owner of Sports LTD, was present.

Chairman Perkins opened the hearing.

Mr. Healey explained that, periodically, he has found more than the 25 permitted vehicles on the property. Part of the problem is that some of the vehicles are customer’s cars which are there for repairs.

Mr. Healey told the Board that Mr. Weaver had paid a "small unpaid bill" to the Treasurer/Collector today, and also has an agreement to rent a piece of property across the street from his business to store some of the customers cars. In addition, Mr. Weaver will come back to the Board at a later date to ask for additional vehicles to be allowed on his License. He will provide a scale plan of the site, identifying the locations of the vehicles.

Selectman Wiksten told Mr. Weaver that this is a problem every year. He said everybody is now coming in with the "excuse" that customers are leaving their cars.

Mr. Weaver said he is renting the space to solve this problem.

Selectman Wiksten asked if it would be in the immediate future.

Mr. Weaver said that he has a signed lease.

Selectwoman Brunelle questioned if the additional space would also have to be permitted.

Mr. Healey said the space will be used for customer’s cars that are repaired, not for cars for sale.

Selectman Wiksten asked if the vehicles were registered.

Mr. Weaver said some are, and some aren’t. He said he is not putting any of the vehicles for sale on the leased property.

Selectman Wiksten asked how the cars could be distinguished from repair cars.

Selectman Eayrs suggested that Mr. Weaver provide an inventory of the autos that are for sale, and those that are brought in for repairs. He also suggested that a posting be put in the windows of those vehicles that are there for repairs, including the owners name.

Mr. Weaver said this would be fine.

Selectman Rogers asked if there were any other issues that should be addressed with the License.

Mr. Healey said that most have been addressed.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the Class II License in the name of Robert Weaver d/b/a Sports LTD for property located at 539 Wareham Street, subject to the previous conditions.

Unanimous Vote.

Meeting with Dave Richmond – RE: Tom Auto

Chairman Perkins read a letter from Peter Geilear requesting that the name of David Richmond be added onto the Class II License for Tom Auto, 236 West Grove Street. The letter was signed and notarized.

In addition, an application was attached, showing both names, Peter Geilear and David Richmond, d/b/a Tom Auto.

Mr. Healey reminded the Board that they had met with Mr. Richmond on December 22, 2003 and had asked for "something formal" from Mr. Geilear.

Mr. Richmond was present to answer any questions.

Mr. Healey told the Board that Mr. Richmond hoped to get the License prior to a hearing that he has scheduled with the Registry of Motor Vehicles on January 15th.

Selectman Wiksten asked if this required a hearing.

Mr. Healey said he did not believe so, as Mr. Geilear’s name will remain on the license, which will carry the same conditions as previously issued.

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

VOTED: To re-issue the Class II License to Peter Geilear d/b/a Tom Auto, for property located at 236 West Grove Street, and acknowledge David Richmond as a co-owner.

Unanimous Vote.

Public Hearing – Sunday Package Store Licenses

Chairman Perkins read the following: "A public hearing will be held in the Selectmen’s Meeting Room in the Town Hall, 10 Nickerson Avenue, Middleborough, MA, on Monday, January 5, 2004, at 7:45 PM, to discuss recent legislation which would allow the sale of alcoholic beverages on Sundays throughout the year by package store licensees. Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Chairman Perkins explained that it takes an act of the local board to allow or disallow Sunday sales of liquor, per the recent legislation that was passed.

Selectman Eayrs said he believed there was "division amongst package store owners" because of the requirements of the License. He said he was interested in what the public has to say.

Selectwoman Brunelle said there has been a lot of discussion regarding this issue, and noted that some owners may not want to open.

Doug Faber, Circle Liquors, told the Board that he is a single owner who works by himself. He felt seven (7) days was a bit much, and suggested that the Board wait one (1) year and discuss it for January of 2005.

Rocky Savas, Savas Liquors, said that he had opposed Sunday openings when they began before Thanksgiving, many years ago. He said he still opposes it, but felt it would not be fair to close and have people go to other communities.

Kerry Bearse, Village Market, agreed with Mr. Savas. He said approving the opening will allow business owners to be competitive with other communities. He noted that customers usually buy other things, not only liquor.

Selectman Rogers asked if this could be approved for one (1) year.

Chairman Perkins said the Board would have the opportunity to review this each year.

Selectwoman Brunelle noted that the Board can grant Licenses for seven (7) days, but store owners can choose to close one (1) day if they desire.

Chairman Perkins said he was in favor of passing this, keeping a "competitive edge". He said he understands that some people may not want to open seven (7) days a week, and they can choose to close on one (1) day. It may not necessarily be on a Sunday.

Discussion ensued on what the fee would be. Mr. Faber reminded the Board that fees had doubled in recent years.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To allow Sunday Sales by Holders of Licenses under G.L. Ch. 138, sec 15, on an Annual Basis.

Unanimous Vote.

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

VOTED: To charge a payment of the maximum amount charged for Sunday openings between Thanksgiving through New Year’s.

Unanimous Vote.

Meeting with Daniel Costello – RE: Washburn Mill Property

Daniel Costello was present.

Mr. Costello told the Board that he proceeded with the demolition as specified. He said his understanding was that he would go back to the Historical Commission for further permission, but he did not have any understanding that he was to come back before the Board for further approval once he finished with the Historical Commission.

Mr. Costello said he had asked to remove the grain silos and proceed with removal of unsound or structurally deficient portions of the mill if necessary. This was granted by the Historical Commission. He said he thought the Historical Commission would report to the Board.

Mr. Costello said he had a "narrow and definite" window to do work. Because of the need to bring MBTA for railroad control, he could only proceed on that Saturday. He informed the Historical Commission on the previous Thursday. Trains were rerouted and flag men were put on the tracks.

Mr. Costello said when the demolition began, he tried to pick through the building to expose the structure once it got down to the bottom of the grain silos. He said he found the structure crumbling, infested with powder post beetles and termite tracks. He said the beams "fell apart" when you touched them. He said he saved a considerable amount of the structure members, and intends to reuse them in the reconstruction of the building. He said he was "surprised at the outcry that resulted".

Selectwoman Brunelle said she understood that things change. But, the fact was that Mr. Costello had a Building Demolition Permit that was very specific, including pictures, of what was to be removed.

Selectwoman Brunelle said that Mr. Costello is a "sophisticated businessman", and should have at least called the Building Inspector to let him know he needed to go beyond the Permit.

Selectwoman Brunelle said the Letter of Intent that was signed with the Board was very specific. She said the issue is that he violated this.

Mr. Costello said he had been through a lengthy process for the Demolition Permit with numerous Boards. He said it did not occur to him that he would have to go back for further permits or authorizations.

Selectman Eayrs said he would like to hear from the Historical Commission. Did they give permission to completely demolish the grain mill to the second basement?

Chairman Perkins read a letter from the Commission (attached).

Mr. Costello said that he had repeated, many times, the distinct possibility of removing further deteriorated members.

Selectman Eayrs said that this would mean that "every board was completely deteriorated".

Mr. Costello said the building became a "house of cards" once the deteriorated boards were removed.

Selectman Eayrs said that there was frustration because of the way Mr. Costello took action.

Selectman Eayrs asked if the reconstruction will resemble the building that was destroyed.

Mr. Costello said it would.

Selectman Eayrs asked if he had plans and specs with dimensions.

Mr. Costello said he has architectural renderings.

Selectman Eayrs said it is important that Mr. Costello document his intentions for the property. He also said the Board has a right to insist on a performance bond to be assured that Mr. Costello carries through with his obligation.

Selectman Eayrs asked Mr. Costello about the Freight House. He said there is a significant hole in the roof, and asked if he would preserve this building.

Mr. Costello said he would.

Selectman Eayrs said, accepting the fact that there was "miscommunication", he was anxious to move forward. He confirmed that Mr. Costello is scheduled to meet with the ZBA at the end of this month.

Selectwoman Brunelle said that Selectman Eayrs did not speak for her. She said she was "dismayed that this happened". She said if anybody else had violated their permits, penalties would be assessed. She said the violation of the Letter of Intent and the Demolition Permit requires a penalty. Otherwise, a message is sent to the citizens that they can violate Permits or Letters of Agreement.

Motion was made by Selectwoman Brunelle to not go forward with the transfer of the property, and assess penalties in the amount of $82,700 for the value of the building, and $12,000 for dumping material at the Landfill. The motion was not seconded.

Selectman Rogers said the incident was "unfortunate", and said that the Board should’ve provided guidance in someone overseeing the demolition.

Selectman Rogers said the Historical Commission provides a beneficial service in making recommendations. However, some buildings aren’t salvageable and "will and want is greater than practicality". He said the Board needs to offer tools to the Historical Commission to do an internal assessment of a building.

Selectman Rogers said penalizing Mr. Costello would "not get us anywhere". He said the project needs to be contracted to get done. Plans and specs have to be prepared by an architect. He said a firm schedule needs to be set.

Selectman Wiksten said he agreed with Selectman Rogers and Selectman Eayrs. He said he did not want to "can the operation". He said that he had requested Mr. Costello be present to explain what had happened. He said some mistakes were made on both sides. These need to be corrected, and a firmer time table needs to be set.

Selectman Wiksten said, as a public safety standpoint, the building is "one less thing to worry about". He said Mr. Costello is an expert in the business, and he would have to take his word regarding the condition of the building.

Mr. Costello said he appreciated the Board’s comments. He said a lot of effort has been put into the building to clean and try to preserve it. He said it became obvious that it would be impossible to save.

Chairman Perkins said he was "supportive of the mission". He said he wishes the miscommunication had never occurred. However, he reminded everyone that, had Mr. Costello not cleaned out a bunch of grain, the building probably would’ve burnt down the last time it caught fire.

Stuart Washburn 13 Southwick Street, said he was a grandson of the original owner. He said there had been previous problems with Mr. Costello in Lakeville not checking back with Boards. However, he said he was not sorry to see the building gone. He said it "tore my heart to see it torn apart by the weather".

Darlene Anastas, a resident, said the RFP was along process, and there should be consequences for Mr. Costello’s actions.

Selectman Eayrs said it does no good to "beat up on Mr. Costello". He said it does good to develop a binding agreement.

Steve Spataro, School Street, said he was on the Board when the Washburn property was taken. The intent was to rehab the buildings. He asked the Board what measures would be taken to make sure this wouldn’t happen again. He noted that the Town could’ve gotten rid of the building years ago if demolition would have been allowed.

Chairman Perkins said he believed the Board has the authority to ask that a Resident Engineer be supplied. He said this would have alleviated the problem, and would’ve given proof to Mr. Costello’s claims. Another area will be a Performance Bond. He said Town Counsel has been asked for recommendations to better protect the Townspeople to be sure this doesn’t happen again.

Mr. Spataro felt the Town should re-bid the property.

Selectman Eayrs said that Mr. Costello does not have a vacant lot, but a vacant "hole". He said there is a significant expense in starting with this.

Bruce Atwood, Chairman of the ZBA, said hearings with Mr. Costello had started in mid-August. The original plans, which showed apartments, were scrapped. He said the ZBA has not received any plans since then. He said the Board will ask for plans in regards to landscaping, lighting, noise control, etc.

Mr. Atwood said it is the intention of the ZBA to go through the process and not grant the Permit until all loose ends were tied together. He said a package will be given to the Board for their input before final approval is given. He reminded everyone that the ZBA meetings are open.

John Ewas, Webster Street, told the Board that he had had an interest in the property, but said it was not feasible with the conditions that were put on it. He said the property should now be put up for auction.

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

VOTED: To request Mr. Costello to provide the following: specific building and site plan specs, to make them part of any P&S Agreement; a rough project schedule; to follow appropriate ZBA Hearings, for the ZBA to submit a package to the Selectmen for their input; to submit a Performance Bond.

VOTE 4 – 1 (Selectwoman Brunelle opposed)


Request to Appoint Volunteer Observer – Middleborough Lakeville Herring Fisheries Commission

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

VOTED: To appoint Robert Deane as a Volunteer Observer.

Unanimous Vote.

Request for Sunday Entertainment License – Middleborough Lodge of Elks

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

VOTED: To approve a Sunday Entertainment License for the Middleborough Lodge of Elks for video games, pool, and a juke box.

Unanimous Vote.

Request to Approve Common Victualer Licenses for 2004 – Health Officer

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

VOTED: To approve the following Common Victualer Licenses for 2004:

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

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

Papa Gino’s 438 West Grove Street

Pappa Timmy’s 3 East Grove Street

R.P.’s Stage Stop 407 West Grove Street

Sisson’s Diner 561 Wareham Street

Stef’s Everett Square Eatery 380 Centre Street

Stela’s Pizza 337 West Grove Street

Streetside Café 111 Centre Street

JGV, Inc. dba Subway 547 West Grove Street

T.J.’s Convenience Store 45 Everett Street

V.F.W. Post #2188 30 Station Street

Royal Café Centre Avenue

Unanimous Vote.


Discussion of Revenue Generators

The Board discussed a list of "Revenue Generators" provided by the Town Manager.

Selectwoman Brunelle said the list was a reinstatement of proposals that were put on the table before. She said a status report of the other items that were under discussion will be needed. She noted that some of the items are pending reports from Committees.

Selectman Eayrs asked if the Board should proceed to negotiate Water Agreements with the Town of Lakeville.

Mr. Healey said that Town Counsel has given an opinion that the Board may meet and negotiate with individual customers while working through the language of an Intermunicipal Agreement.

Selectman Rogers said the rules and regs for the IMA should be done for this weeks package. He said they are trying to get a wastewater charge system in place.

Selectman Rogers said, once the charge system is in place, the IMA can be released and discussed.

Mr. Healey said that negotiations with potential individual large customers should not be susceptible to the charge system. These should be included in the IMA as individual arrangements.

Selectman Rogers suggested scheduled a discussion of the IMA in three (3) weeks.

Mr. Healey said that a one time payment can be negotiated with larger customers.

Selectman Wiksten asked how this would be positive revenue, noting that it would have to go to the Water and Wastewater Funds.

Mr. Healey said this could go to the General Fund as a gift.

Discussion ensued on Town Counsel’s opinion as to where the revenue could go.

Chairman Perkins suggested Mr. Healey talk to Town Counsel, to ask the Department of Revenue the question, and receive a written response.

Neil Rosenthal said he was a member of the Lakeville Hospital Re-use Committee. He said it was clear that the Board would negotiate with eventual owners relative to what payments and services would be provided.

Mr. Rosenthal cautioned the Board not to sign an IMA that would limit the Board from negotiating with large users.


Budget Preparations and Economic Summit

Mr. Healey presented a memo from Sandy Bernier on the ’05 financial situation. He noted that it in, some revenue was overestimated, and some expenses were underestimated.

Chairman Perkins asked if anything had been received from the House or Senate.

Mr. Healey said there hadn’t.

Mr. Healey said that the projections show the Town "in the hole in excess of $2 million".

Mr. Healey said the FinCom is using different numbers in terms of projected revenues for ’05. He will meet with them later this evening and ask that they explain the difference.

Mr. Healey noted that Chairman Perkins had recently suggested an "Economic Summit" for all Town officials and Department Heads.

The Board agreed to set the date for the Summit for Saturday, January 31, 2004 at 9:00 AM at the Nichols Middle School.

Selectwoman Brunelle asked if Ms. Bernier would still be available at that time, noting she will be using time soon prior to her retirement.

Mr. Healey said he would check with her.


Earth Removal Field Trips

The Board will meet at the Town Hall on Saturday, January 9th, at 9AM, and will then travel to the Korpinen Bogs (corner of Rocky Meadow and Tispaquin Street) and Ed Whitworth (Stone Street).

Mr. Healey provided the latest correspondence from Town Counsel.

Landfill Expansion

Mr. Healey said he had met with Mike Scipione and Richard Messer of Weston & Sampson to review DEP’s comments on the Landfill Expansion plans. He said this needs to be expedited, noting that we have "run out of room".

Mr. Healey said DEP has now added an "overliner" in addition to the double liner, which will cost an additional $500,000.

Selectman Rogers questioned if this was required. He asked where this was coming from.

Mr. Healey said a meeting has been scheduled with DEP for next week.

Selectman Rogers suggested the new Regional Director be invited to attend the meeting to answer the Board’s questions.



Water and Sewer System Improvements and Rate Increases

Mr. Healey reminded the Board that Town Meeting had not voted to spend any money on a Water and Sewer Rate Study.

After Town Meeting, Weston & Sampson’s Barbara Cook volunteer to project the impact of the major projects that are planned on the water rates. He provided a copy of the analysis.

Mr. Healey suggested that the Board discuss water and sewer rates in the not too distant future.

Chairman Perkins said this would have to be a hearing.

Mr. Healey suggested a discussion prior to a hearing.

This was tentatively scheduled for January 26th.

Request from Byrne Sand & Gravel

Mr. Healey provided the Board with a request from Don Gallant, Byrne S&G, to allow the removal of 6 – 8 truck loads of material by a contractor working on the Lowe’s Raynham site to see if the material and the trucking time will work from them. If it does, Bryne S&G will pay the added $600 Winter Inspection Fee, and a total of 15,000 yards will be trucked out for this purpose.

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

VOTED: To grant the request made by Don Gallant.

Unanimous Vote.


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 $2,560 and $640, totaling $3,200.

Unanimous Vote.

Chairman Perkins asked that the Report thus far be provided to the Board.

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

VOTED: To pay the bill submitted by Thevenin, Lynch, Bienvenue, LLP in the amount of $5,000.

Unanimous Vote.



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

VOTED: To pay three (3) bills submitted by the Middleborough Gas & Electric Department in the amounts of $71.24, $344.69, and $153.22, totaling $569.15.

Unanimous Vote.


Mr. Healey informed the Board that the check from Cirelli is expected by the end of the week.

Town Clerk & Town Accountant Positions

Selectman Eayrs said the Town Clerk’s position needs to be advertised to be in compliance.

Mr. Healey suggested that Board consider appointing Eileen Gates as the Interim Town Clerk, and adjust her pay, to perform the Town Clerk requirements.

Selectwoman Brunelle said Ms. Gates currently acts as the Assistant Town Clerk, and her salary compensates for that responsibility. She said the Interim Town Clerk wouldn’t qualify for additional monies until Ms. Bernier’s position ends.

Selectwoman Brunelle said Ms. Bernier is on the payroll until March. She said there is still time to advertise.

Discussion ensued on the job descriptions for the positions. The Board’s Secretary will provide copies to the Board in next week’s packets.

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

VOTED: To proceed, within two (2) weeks, to advertise the positions in the Middleboro Gazette and the Brockton Enterprise.

Unanimous Vote.


VOTED: To meet in Executive Session on January 26th to discuss Contract Negotiations, and to send a letter to Michael Medeiros informing him that they will schedule a meeting with him after that time.

Unanimous Vote.

Mr. Healey said it is important that the DPW Superintendents confer with the Board regarding the negotiations.


An Executive Session scheduled with Attorney John Spinale was cancelled.


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

VOTED: To adjourn at 9:32 PM.

Unanimous Vote.



Diane Henault, Secretary