SELECTMEN’S MEETING

MARCH 29, 2004

 

 

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

 

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

 

 

SELECTMEN’S MINUTES

 

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

            VOTED:  To approve the Minutes of March 22, 2004.

            Unanimous Vote.

 

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

            VOTED:  To approve the Executive Minutes of March 15, 2004.

            Unanimous Vote.

 

HEARINGS, MEETINGS & LICENSES

 

Request for Title V Variance – 53 Pine Street

 

The Board received a request from William Self, Curley & Hansen, asking for two (2) variances for property located at 53 Pine Street.  The requests are for a septic system repair of an existing system.

 

Jeanne Spalding was present.  She said the first request is for a sieve analysis.  She said she supported this.

 

The other request was for a reduction of separation between high groundwater elevation and bottom of soil absorption system from 5’ to 4’.

 

Ms. Spalding said it has been the past practice of the Board not to allow the reduction for groundwater elevation unless it is a hardship with no other possibilities.  She said she did not believe that to be the case here.

 

William Self was present.  He gave the Board copies of a revised plan.

 

Mr. Self said that Ms. Spalding had informed him of the Board’s policy regarding the groundwater elevation.  He said the request had been made because the original house was constructed too low.  The revised plan shows the change to raise it to 5’.

 

Mr. Self said the system has been slid back 5 – 6 feet to try to create a swale area to the rear of the building to keep the water away from the foundation.

 

Selectman Rogers asked if the request has gone before the Conservation Commission.

 

Mr. Self said he wanted to approach the Board of Health first.  He said only associated grading is within the 100’ buffer zone, not the septic system.

 

Selectman Rogers suggested, if approval is given, it be contingent upon the ConCom’s approval.

 

Ms. Spalding told the Board that she discusses these upgrades with Rose Correia as soon as she gets the plans.  She said the septic system usually takes precedent, in what would cause the least amount of impact for an upgrade.  It then goes before the ConCom.

 

Selectman Wiksten asked for Ms. Spalding’s input.

 

Ms. Spalding said she had no problem with the request for a sieve analysis.  She suggested that, once onsite, she might determine that it may be necessary to give the 1’ variance.  If the material carries across, it will accommodate the grading, and the variance will not be necessary.

 

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

VOTED:  To approve the following Title V Variance for a repair of the existing septic system located at #53 Pine Street, contingent upon approval from the Conservation Commission:

§         310 CMR 15.104:  Percolation testing to allow sieve analysis to establish soil classification, percolation rate and design for soil class.

(Policy#BRP/DWM/PEP-P00-4)

            Unanimous Vote.

 

Request for Local Board of Health Bylaw Variance – 48 Cross Street

 

Darren Michaelis, Azor Land Sciences Inc., was present.  He told the Board he is requesting two (2) variances in connection with a septic system upgrade at 48 Cross Street.

 

Ms. Spalding said the request is in regards to the local regulation for a 200’ setback from an existing well.  She said the request was made because the lot is wooded, and the cost would be great.  She noted that Mr. Michaelis has had difficulty contacting the abutter.

 

Mr. Michaelis told the Board that the abutter had called him today to state where his well is located.  It is 112’ from where the proposed system is.  The abutter had no objection as the upgrade will be an improvement.  There are currently two (2) cesspools overflowing towards his property.

 

Mr. Michaelis said he will physically locate the well.  He said it is definitely at least 100’ away.  Mr. Michaelis said the wells are artesian wells.

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

VOTED:  To approve the following Local Board of Health Bylaw Variances for a septic system upgrade for property located at 48 Cross Street:

1.                  Reduction of the setback of the proposed leach field from the existing well from 200’ per 5mpi percolation rate to 103’ per Title 5 100’ standard setback.  Groundwater flow is towards Cross Street and Jose’s Meadow Brook away from well location; and

2.                  Reduction of the setback of the proposed leach from the abutting well from 200’ to >100’ known well location to be specifically located.

Unanimous Vote.

 

Hearing (cont.) – Request for WRPD Permit – O’Brien – 498 Wareham Street

 

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

VOTED:  To postpone this hearing until April 5, 2004 at 7:05 PM at the request of the applicant’s attorney.

            Unanimous Vote.

 

NEW BUSINESS

 

Update on Budget – FY’05

 

Selectman Eayrs noted that the Collaborative Leadership Group will meet again on April 8th.  Information regarding critical needs budgets will be put together.

 

Selectwoman Brunelle said there will be a more detailed update at the April 12th meeting.

 

Request to Reappoint Members – Zoning Board of Appeals

 

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

VOTED:  To appoint the following individuals to the Zoning Board of Appeals with a term to expire on April 1, 2009:  Bruce G. Atwood,             Edward Braun, and Liz Elgosin.

Unanimous Vote.

 

Thomas White, 19 Susan Lane, suggested that future vacancies should be advertised, and not automatically re-appointed.

 

Request to Appoint Police Officer – Police Chief

 

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

VOTED:  To appoint the following individual to fill (1) of the (5) currently vacant positions at the Police Department:

            Thomas J. Larkin              Effective April 5, 2004

Unanimous Vote.

Request to Appoint Special Police Office – Police Chief

 

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

            VOTED:  To appoint Michael Colp as a Special Police Officer.

            Unanimous Vote.

 

Request to Support Reinstallation of Boundary Marker – Historical Commission

 

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

VOTED:  To support a request made by the Middleborough Historical Commission to reinstall a boundary marker on Long Point Road as close as possible to the original location, and to request that the Middleborough Gas & Electric Department do the installation.

            Unanimous Vote.

 

The G&E will be asked to contact the Historical Commission for details.

 

OLD BUSINESS

 

There was no ‘Old Business’ discussed tonight.

 

TOWN MANAGER’S REPORT

 

3     Mr. Healey provided a Critical Needs Budget Summary to the Board.  He said he and Judy MacDonald will be getting together after April 1st to total up the Local Receipts for nine months to project what the Free Cash will be.

 

3     The Christmas Tree Shops have applied for approval of Phase 3, another 250,000 square foot of warehouse facility.

 

3     A Public Health Advisory was issued by the Animal Control Department in regards to numerous gray foxes that have been ill with symptoms of a neurological disease similar to rabies.  Testing has indicated that these foxes may be ill with a crossover form of canine distemper.  Residents are advised to vaccinate domestic animals for distemper and rabies, and notify the Animal Control Dept. or the Dept. of Fish and Wildlife if they witness any animals exhibiting symptoms which include loss of fear of humans, sluggish, twitching or spasms of the limbs.

 

SELECTMEN’S BILLS

 

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

VOTED:  To pay two (2) bills submitted by Verizon in the amounts of $23.35 and $23.37, totaling $46.72.

            Unanimous Vote.

 

OTHER

 

3     Chairman Perkins informed the Board that Lisa Higgins has accepted the position of Town Accountant and will start on Thursday, April 1st.

 

Chairman Perkins said he met with Ms. Higgins, and is confident that she will do an exceptionally good job.

 

Chairman Perkins noted that Ms. Higgins had already scheduled a vacation for the end of April, and first week in May.  She will be allowed to take this time off.

 

3     Chairman Perkins noted that tonight was Selectman Rogers’ last meeting, as the election is this Saturday.

 

Selectman Rogers told the Board that he has been involved with the Town for over 20 years, and said it was a pleasure to work with the Selectmen.

 

Each Selectmen spoke, thanking Selectman Rogers for his professionalism, and amount of time that he has put into being a member.

 

The Board presented a token of their appreciation to Selectman Rogers.

 

3     Thomas White, 19 Susan Lane, asked for an update of the Washburn property.

 

Chairman Perkins said that the Board is in receipt of a letter from Mr. Costello’s counsel, and is in the process of negotiating an agreement.  The issue will be completely resolved within a week or two.

 

CORRESPONDENCE

 

¯     The Board received correspondence from the Health Officer that Tispaquin Family Campground has submitted their application for a Family Campground Permit.  A copy had also been sent to Town Counsel.

 

Chairman Perkins said that the application should be held until an answer comes back from Town Counsel.  He said he will follow-up with Town Counsel for next week’s meeting.

 

¯     The Planning Board has submitted a copy of the proposed plan from Edgeway Estates to mitigate unit flooding to Richard J. Tabaczynski, of Atlantic Design Engineers, for his review and comments.

 

¯     The Board asked Mr. Healey to attend an emergency meeting of the Council of SEMASS Communities on April 7th.

 

 

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

            VOTED:  To adjourn at 7:40 PM.

            Unanimous Vote.

 

 

 

                                                           

Diane Henault, Secretary

Board of Selectmen