SELECTMEN’S MEETING

JULY 15, 2002

 

Chairman Perkins called the meeting to order at 7:02 PM.

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

 

SELECTMEN’S MINUTES

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

VOTED: To approve the Minutes of July 1, 2002.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for Change of Location & Change of Manager on Liquor License – Wankinquoah Rod & Gun Club

Chairman Perkins read the following: "A Hearing will be held by the Board of Selectmen on Monday, July 15, 2002, at 7:05 PM, in the Selectmen’s Meeting Room at the Town Hall, located at 10 Nickerson Avenue, Middleborough, MA, for the purpose of discussing proposed changes to an existing Annual All Alcoholic Club License held by the Wankinquoah Rod & Gun Club. The request is for a Change of Manager and a Transfer of Location to property located at 110 Pine Street, Middleboro, MA Assessors Map 102 Lot 793, Middleborough, MA. Anyone desiring to be heard on this matter should appear at the time and place designated." The Hearing was opened.

Chairman Perkins explained that he would be abstaining from comment and vote because he is a member of the Wankinquoah Rod & Gun Club.

Howard Perkins was present representing the Club. He returned the green cards. Mr. Perkins explained that the request is made because the Club is moving from its present Tispaquin Street location to Pine Street. He told the Board that the Club has received its Occupancy Permit.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve a Change of Manager and a Transfer of Location to an existing Annual All Alcoholic Club License held by the Wankinquoah Rod & Gun Club for property located at 110 Pine Street, Middleboro, MA Assessors Map 102 Lot 793.

Unanimous Vote.

Meeting - Request for Public Water Supply Connection in Carver – Cubellis Saivetz Associates

At the request of the applicant, the meeting was continued to August 12th.

Meeting with Health Officer – Beach Water Testing Fees

Jeanne Spalding was present. She told the Board that, the last couple of years, the State has mandated new beach water testing requirements. Because it is State mandated, funding was expected. This has not happened.

Ms. Spalding told the Board that the new policy requires testing weekly. The Town has a couple fresh water beaches. She said that she had asked owners to test the water and relay the results, but this has not happened.

Ms. Spalding explained that the cost is $40.00 per test. She has been able to get a reduced rate of $25.00. She is asking the Board to approve this rate.

Ms. Spalding told the Board that she will collect the fees, up front, from owners.

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

VOTED: To approve a $25.00 fee for beach water testing, to be collected up front.

Unanimous Vote.

 

Ms. Spalding also told the Board that Tufts University School of Veterinary Medicine is asking permission to begin the Rabies Bait Program in Middleboro as soon as funding becomes available. This is a program that began last year.

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

VOTED: To support the continuation of the Tufts University School of Veterinary Medicine’s Rabies Bait Program for Middleboro.

Unanimous Vote.

Hearing – Request for Earth Removal Permit – James G. Grant Co., Inc.

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, July 15, 2002, at 7:45 PM, for the purpose of discussing an application filed by Glenn D. Amaral, G.A.F. Engineering, Inc. on behalf of James G. Grant Co., Inc., for an Earth Removal Permit for property located on Plympton Street, Middleborough, MA, Assessors Map 034 Lots 4315 & 4584. The reason for this request is for construction and expansion of an existing agricultural activity (cranberry cultivation). Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Glenn Amaral was present to represent the applicant. He presented the green cards.

Mr. Amaral explained that this project has been ongoing since 1994. A previous permit was given a one year extension.

Mr. Amaral explained that the project had been broken into three (3) phases. The request is for Phase 1 only. The original request was for 370,000 cu. yards. to be removed. Mr. Amaral estimated that there is 165,000 cubic yards to be removed with this request. Mr. Amaral said a $75,000 surety bond is still in effect.

The project includes a constructed canal for agricultural activity. Mr. Amaral said that the ConCom has issued Conditions, including having the berm loamed and seeded to keep run off from entering into the canal and off the property.

Mr. Healey said there have been no problems with this project. All conditions have been met. The only problem he could site was "hunting and picking" from the site for better material. He noted that the Town has been allowed to take some of the material for cover material for the landfill. Gene Main is the operator working on the site. There is a current market for some of the material. Mr. Healey said he supports the issuance of the Permit.

Selectwoman Brunelle noted that the Board had not obtained information from the Treasurer’s Office regarding taxes owed.

Chairman Perkins said he understood the delay in the project because of the lack of good material, but asked what the objective was for the end of the removal.

Mr. Amaral said that the owner is creating cranberry bogs. These are to be built in Phase 1.

Chairman Perkins noted that the lot is "wide open and messy". He said he would like to see it get cleaned up in a timely fashion.

Mr. Healey also suggested a condition that the property be restaked in a permanent way, showing Phase 1.

Selectman Rogers had concerns about the buffer zone. He said there was no defined buffer zone in Phase 2.

Mr. Amaral said the plan dates back to 1984, when the Board wasn’t requiring a vegetative buffer zone. He said that there is a chain link fence that buffers the project site and a tree line that comes over the stone wall. He noted that the Board could require additional plantings.

 

Mr. Healey suggested that a condition be placed to require restoration of the slope.

Selectman Rogers asked if any of the project fell within Zones 1 or 2 of the new WPRD Bylaw. Mr. Amaral said he believed it was all within Z4. He also noted that agricultural activities are exempt under the bylaw.

Selectman Rogers also suggested that ground water wells be installed. Mr. Amaral said the proposal does not include dewatering the site.

Garrett Holmes, 5 Eddy Street, had concerns regarding the route for the removal. Mr. Amaral said it would be routed directly onto Plympton Street.

Mr. Holmes asked for an explanation regarding the surety bond. Chairman Perkins explained that the Town requires a bond in case the owner defaults on the project.

Mr. Holmes was also concerned that a "For Sale" sign is on the property. He asked if there was a chance the project could be leveled and sold to developers for houses.

Mr. Amaral said the soil is very poor, and he would be surprised if it would pass a percolation test. He noted that the applicant is award that the Permit is non-transferable.

Chairman Perkins noted that once a bog is created it becomes wetlands, and is non-buildable. It could revert back but would require a lot of modification.

Mr. Amaral noted that some bog owners are electing to continue on with earth removal to develop revenues and develop water supplies if the market rebounds.

Michael Carew, 12 Clarence Soule Drive, asked if the bond would be transferred if the property were sold. Chairman Perkins explained that the bond is issued in favor of the Town, and has nothing to do with the owner.

Ann Holmes, 5 Eddy Street, complained of the noise of heavy equipment during the day. She was concerned with the expansion of the area and a buffer zone.

Chairman Perkins said this would be addressed in the Order of Conditions if the Permit was granted.

Ms. Holmes asked if the three (3) years included the time for the bog to be built or just the earth removed. Chairman Perkins explained that the bogs would have to be completed, and the site would have to be clean in order for a Certificate of Completion to be granted.

Bruce Atwood, 155 Plympton Street, said that Phase 1 should be completed before any work begins on Phase 2.

Selectwoman Brunelle noted that an Order in the Conditions requires a planting to occur before continuing on.

Selectman Eayrs noted the condition of the site now, and explained that it can only look better in three (3) years.

Ann Brault, 7 Eddy Street, was concerned about the bog extended to Carmel Street.

Jane Lopes noted that the property is for sale, and questioned what would happen if it were sold in the middle of the project. Mr. Healey explained that the Permit is non-transferable by the owner, but the Board can transfer the Permit to the new applicant. In the meantime, the bond would be used as needed.

Mr. Atwood suggested the Board split Phase 1 in sections, requiring one section to be cleaned up before the next is used.

Mr. Amaral said the majority of Phase 1 has been brought down to grade. To sectionalize it would put too many constraints on the excavating site to clean it up.

Selectwoman Brunelle asked if there was anything in the Order of Conditions that would ask that certain things be completed within 6 or 12 months, within the three (3) year permit. Chairman Perkins said the language can be placed. He also noted that quarterly inspections are completed by the Town Manager.

Mr. Healey asked the abutters to submit any suggestions for the Conditions as soon as possible.

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 application filed by Glenn D. Amaral, G.A.F. Engineering, Inc. on behalf of James G. Grant Co., Inc., for an Earth Removal Permit for property located on Plympton Street, Middleborough, MA, Assessors Map 034 Lots 4315 & 4584 for construction and expansion of an existing agricultural activity (cranberry cultivation).

Unanimous Vote.

The Order of Conditions will be drafted at the meeting on August 12th.

NEW BUSINESS

Request to Rent Selectmen’s Meeting Room – Iain Ward

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

VOTED: To approve the rental of the Selectmen’s Meeting Room to Iain Ward on Monday, August 19, 2002 from 6:00 PM to 10:00 PM to hold an information/exploratory meeting with farmers/interested parties about staring a Middleborough Agricultural Commission.

Unanimous Vote.

Request to Approve Street Name – Hunters Ridge Road – E911 Database Coordinator

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

VOTED: To approve the street name Hunters Ridge Road to replace the existing street name of Canney Drive.

Unanimous Vote.

Request to Approve Rodman Ride for Kids

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

VOTED: To approve the Rodman Ride for Kids for Saturday, September 14, 2002, and to notify the Police Department.

Unanimous Vote.

Request to Sign Affordable Housing Restriction Deed Rider – Habitat for Humanity

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

VOTED: To sign the Affordable Housing Restriction Deed Rider for property located at 93 Oak Street, and to further authorize the Chairman to sign a letter to the Massachusetts Department of Housing & Community Development, as drafted by the Town manager.

Unanimous Vote.

Approve FY ’02 Encumbrance Request

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

VOTED: To authorize the Chairman to sign a request to carryover $5,336.22 to complete a Contract signed on March 13, 2002 with Gale Associates, Inc. for the cleanup of the gasoline spill at the Police/Fire Stations.

Unanimous Vote.

Request to Approve & Sign Notes – Treasurer/Collector

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

VOTED: To award the bid of $240,805.00 to Fleet Bank at an interest rate of 2.00% for the renewal of Chapter 90 Highway monies.

VOTE 3 – 0 – 1 (Selectwoman Brunelle abstained)

 

 

Request to Set Deadline for Washburn Mill Site – Bruce Arons

The Board received correspondence, from Bruce Arons, suggesting that the Board set a time limit for completing the "memorandum of understanding" for the Washburn Mill property. Provisional designation was made to Dan Costello on June 17, 2002.

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

VOTED: To set a time limit of October 15, 2002 to complete the "memorandum of understanding" with Dan Costello for the Washburn Mill property.

Unanimous Vote.

Mr. Healey he will meet with Mr. Costello tomorrow.

OLD BUSINESS

Request to Approve & Sign License Agreement – Water Superintendent

Richard Tinkham, Water Superintendent, was present to explain the request.

Mr. Tinkham told the Board that the request is for a preliminary water exploration on a potentially favorable site off Route 44 between Cross Street and Route 44, and abutting the high-speed rail line.

The site has been previously identified as having good potential based on the fact that a well drilled on the South side of Route 44 for the purpose of washing crushed stone and gravel. The U.S. Geological Survey has mapped the area as being contiguous with the Town’s very successful Cross Street Well, indicated an equal potential. During the mid 1990s the Water Department investigated two (2) more isolated sand and gravel areas north and east of the Cross Street Well, but did not identify any site worthy of any further development.

Mr. Tinkham said he has spoken to Douglas Green, but has not been able to contact Mr. Gomes for exploration on the other site.

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

VOTED: To sign a License Agreement with Douglas Green for water exploration.

Unanimous Vote.

Selectman Rogers questioned why one piece of property is tested over another. He noted that a property on Precinct Street had been offered to the Town, but water exploration was not done on this.

Mr. Tinkham said it depends on the water bearing characteristics – if the parcel looks good and if previous records indicate it is suitable.

Mr. Healey also noted that Dave Hill has done a lot of exploration on Precinct Street. It has not been indicative of good soil for water exploration.

Selectman Rogers suggested that all the properties that Mr. Hill has indicated viable for wells be listed.

Request for One Day Liquor License – A+ Bartending Service, LLC

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

VOTED: To issue a One Day Liquor License to A+ Bartending Service, LLC for an event held at 300 Wareham Street on July 13, 2002 from 12:00 Noon to 10:00 PM.

Unanimous Vote.

Request for Refund of Deposit – Charles G. Reynolds

Charles G. Reynolds is requested a refund of a deposit made on a Town-owned property that he had bid on. The property is located off Walnut Street. Because there is no public way, and a deed restriction would be imposed, Mr. Reynolds is withdrawing his proposal.

Selectwoman Brunelle said she had concern with refunding deposits. The RFP that had been issued states "Once a bid is submitted and received by the Owner, the Bidder may not withdraw the bid."

It was noted that the Board had previously voted to refund a deposit made by Robert Lessard. Selectman Eayrs said he had made that motion, noting that Mr. Lessard contributes a lot of time to the Town, at no cost.

Selectman Eayrs said he agrees the deposit should not be refunded, but the capacity to deny is constrained because of the previous action of the Board. He suggested the Board "learn a lesson and don’t do it again".

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

VOTED: To refund the deposit of $1,220.00 made by Charles G. Reynolds for property located off of Walnut Street that he had submitted a bid on.

VOTE 2 – 0 –1 (Chairman Perkins opposed)

TOWN MANAGER’S REPORT

Mr. Healey told the Board that he is working on the Water Improvement Plan. He has a spreadsheet showing projected estimates of revenues and expenditures for improvements needed to the system, but is awaiting the full narrative report. Once the report is reviewed, Mr. Johnson of Amory Engineering with be invited to meet with the Board to discuss it.

SELECTMEN’S BILLS

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 $24.05, $63.70 and $36.90, totaling $124.65.

Unanimous Vote.

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

VOTED: To pay the bill submitted by Collins, Loughran & Peloquin, P.C. for June 2002 in the amount of $3,770.00.

Unanimous Vote.

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

VOTED: To pay the bill submitted by SEMASS Partnership for June 2002 in the amount of $10,250.05.

Unanimous Vote.

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

VOTED: To pay the bill submitted by the Department of Environmental Protection in the amount of $6,500.00 for the Gurney Site.

Unanimous Vote.

This expenditure was approved at the June 3rd Annual Town Meeting.

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

VOTED: To pay the bill submitted by Hathaway Publishing in the amount of $58.90.

Unanimous Vote.

OTHER

Mr. Healey told the Board that Dan Murray had indicated that this property had to be taken off the list of property to be sold, because of the location of the building.

By declaring the building, only, as surplus, it could be sold and the property could be put back on the list.

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

VOTED: To declare the building located on Harding Street, Assessors Map 047 Lot 1221 as surplus and authorize the sale of it.

Unanimous Vote.

Chairman Perkins explained that there is not a shortage of water, but a lot of water is being pumped through the wells.

Richard Tinkham noted that it is preferable to have a "resting period" for each of the wells. This has not been able to happen.

Chairman Perkins noted that this was a public appeal for voluntary water conservation.

CORRESPONDENCE

 

 

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

VOTED: To adjourn at 8:45 PM.

Unanimous Vote.

 

 

Diane Henault, Secretary

BOARD OF SELECTMEN