SELECTMEN’S MEETING

NOVEMBER 24, 2003

 

Chairman Perkins called the meeting to order at 7:01 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 November 17, 2003.

Unanimous Vote.

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

VOTED: To approve the Executive Minutes of November 17, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for Earth Removal Permit – Doyle Cranberry Company – Plympton 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, November 24, 2003 at 7:05 PM, for the purpose of discussing an application filed by Glenn D. Amaral, GAF Engineering, Inc. on behalf of Doyle Cranberry Company, for an Earth Removal Permit for property located on Plympton Street, Middleborough, MA, Assessors Map 035 Lots 1782, 1086 & 1916. The reason for this request is for expansion of existing agricultural activity and site regarding. Anyone desiring to be heard on this matter should appear at the time and place designated." The hearing was opened.

Glenn Amaral, GAF Engineering, was present to represent the applicant. He returned the green cards.

Mr. Amaral explained that this request is for an existing Earth Removal off of Plympton Street. It had been permitted, and extended in January 2003.

The original phase encompassed a reservoir. A piece has been added to the south of the property, which was acquired after the original permit had been issued. The project will expand bogs onto that property. Some slopes will be regraded to 3:1.

Mr. Amaral told the Board that a new Order of Conditions has been issued by the Conservation Commission.

Mr. Amaral said the exit route is Paul Road to Plympton Street. He said there had been previous problems with dust, and as a result, the applicant will either install a sprinkler system along the haul road, or keep a water truck onsite.

Another concern had been trucks on Plymouth Street disturbing the abutter’s property. This has been corrected, and the drivers are more cognizant of this.

Selectman Wiksten asked how long the project would take.

Mr. Amaral said it is currently 75% complete. There is approximately 175,000 yards left to be removed.

Selectman Wiksten asked if the project could be "moved along", noting that it has been going on for four (4) years now.

Mr. Amaral said the same contract (G. Lopes) will be used, and he would ask them to expedite the project.

Selectman Wiksten said he would like to see this as a two (2) year permit with a one (1) year extension.

Selectman Rogers agreed with Selectman Wiksten. He asked Mr. Healey if there have been any complaints regarding the project.

Mr. Healey said there have been no recent complaints.

Mr. Healey told the Board that he has a copy of the current Bond, which is $25,000. He has asked that Bonds be kept current, even though the permits have expired.

Selectwoman Brunelle asked Richard Chamberlin, Chairman of the ConCom, if he had any additional comments.

Mr. Chamberlin said that a revised Order of Conditions has been issued. The ConCom has looked at the site. He noted that the previous owner had made a "mess of the wetlands".

Chairman Perkins noted that there had been past problems with the project. He said it appeared to be moving in the right direction.

Bob Lessard asked that the Orders specify the route that the trucks must take. He said some have been going to Carmel Street to Plymouth Street.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To grant the request made by Glenn D. Amaral, GAF Engineering, Inc. on behalf of Doyle Cranberry Company, for a two (2) year Earth Removal Permit with a one (1) year extension for property located on Plympton Street, Middleborough, MA, Assessors Map 035 Lots 1782, 1086 & 1916 for expansion of an existing agricultural activity.

Unanimous Vote.

The Order of Conditions will be set in two (2) weeks.

Hearing – Request for Title V Variance – 91 Miller Street

Chairman Perkins opened the hearing. He read a letter from Olde Stone Engineering, Inc. requesting a Title V Variance for property at 91 Miller Street.

Mr. Healey said that Jeanne Spalding could not be present tonight, but recommends favorable action. He said this is a simple variance request.

Richard Chamberlin asked that the applicant be aware that the system is in close proximity to a stream.

Chairman Perkins said that Ms. Spalding does a good job of keeping those matters first and foremost.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the request for a Title V Variance from 310 CMR 15.105 for property located at 91 Miller Street as follows:

    1. A Variance in accordance with DEP Policy #BRP/DWM/PeP-Poo-1, allowing a percolation rate to be established via grain size distribution analysis.

Unanimous Vote.

Meeting with Conservation Commission – RE: Disposal of Trailer on Morgan Property

Richard Chamberlin and Rose Correia met with the Board to discuss the disposal of the trailer on the Morgan property.

Mr. Chamberlin told the Board that the trailer is 80’x20’. He said it is in good condition.

The highest bid at a previous auction was $3,000. The trailer is valued at an estimated $35,000.

Mr. Chamberlin said he had contacted the School Department, who will need office space in the foreseeable future, but the trailer would not fit into their plans.

Another auction had been held in July of 2003. A bid of $10,000+ was not accepted.

Mr. Chamberlin said the ConCom has spent $3000 cleaning and maintaining the trailer.

Mr. Chamberlin said that Ruth Geoffroy had spoken to people from the May Institute, which is based in Chatham. They are an organization that has group homes and work with autistic people. There is some interest on their part.

Mr. Healey told the Board that he had spoken to Joe O’Brien from the May Institute, which employees 2100 employees. They provide housing and supervision for autistic adults who live in a co-op setting. The trailer has five (5) bedrooms, of which at least four (4) meet their minimum standard of 10’x10’.

Mr. Healey said the trailer could be moved to Town-owned land, or property owned by the Housing Authority. Because it would be used for supervised living of handicapped adults, each bedroom would could as an affordable housing unit under 40B.

Mr. O’Brien has made arrangements to look at the trailer tomorrow.

Selectman Eayrs asked if the trailer would be sold or rented, and if the property would be donated.

Mr. Healey said a similar agreement to that with Habitat for Humanity could be drafted. The May Institute would be responsible for connecting to utilities. There would be no expense to the Town.

Selectman Eayrs asked where the Town would make money.

Mr. Healey said we would not, but would gain affordable housing units.

Selectman Eayrs said he had no problem with exploring the option, but was adamant that the trailer be removed from the Morgan property as soon as possible. He suggested Mr. Healey bring more information to the Board within the next 2 – 3 weeks.

Selectwoman Brunelle also had no problem with exploring the option, but wanted to see if something could come together within the next week or two.

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

VOTED: To authorize the Town Manager to pursue the option with the May Institute, reporting back to the Board in two (2) weeks.

Unanimous Vote.

Chairman Perkins told Mr. Chamberlin that he had been questioned recently regarding fishing and/or hunting on the Morgan property.

Mr. Chamberlin said hunting is not allowed, but fishing is allowed along the shore.

Meeting with Dan Costello- RE: Washburn Mill Property

Dan Costello met with the Board to discuss the progress on the Washburn Mill property. He presented a conceptual drawing.

Chairman Perkins said that the Board was asking for an update on the project. He also noted that the Indemnification Agreement had expired and needed to be updated.

Mr. Costello said that he is scheduled to go before the ZBA on December 4th for a Special Permit. An architect and an engineering firm are in place.

Mr. Costello said that he had an agreement to do demolition to remove unsafe portions of the building. He had brought in a special machine to do this. He said he is eager to do this demolition before the actual conveyance takes place. The project is moving forward.

Selectman Wiksten asked if Mr. Costello would begin demolition this week with a signed Indemnification Agreement.

Mr. Costello said work would begin on Monday. He also asked that the Indemnification Agreement spell out the removal of the cupola. He said the grain silo would probably not be able to be saved because of the continued deterioration. He said he had spoken to the Historical Commission regarding further demolition.

Mr. Costello also asked for a provision in the Agreement saying that the property would be conveyed to him.

Mr. Healey suggested updating a Notice of Intent, which has also expired.

Mr. Costello said he has applied for, and obtained, demo permits. He said there had been miscommunication and the permits had "got held up". In the meantime, Mr. Costello had begun working on another job.

Mr. Costello said he now has the opportunity to use a high boom excavator, which reaches over 85’. This allows for careful dismantling.

Selectman Wiksten said the Board is anxious for the project to get started, and would work with him to keep the project moving. He noted that the project will benefit the whole Town.

Selectman Wiksten also noted the concern of the neighbors. He suggested getting everyone who’s involved together to keep the project moving.

Mr. Costello said he appreciated the offer, and was open to any type of suggestions.

Mr. Healey suggested the Indemnification Agreement, amended to include the cupola, be signed. He said that language could be added later to include the further demolition.

Mr. Healey reminded the Board that the original Agreement was for Mr. Costello to obtain the Special Permit from the ZBA, and once all permits are in hand, a P&S Agreement would be entered into. The closing would be scheduled within 60 days.

Mr. Healey suggested signing a revised Letter of Intent next week. Work could begin on Monday.

Selectman Eayrs asked if the grain mill portion of the mill was demolished, would it be put back up.

Mr. Costello said the same footprint would be used.

Mr. Costello said he would provide the Town with a Certificate of Insurance with a $10 million liability, as well as worker’s comp. In addition, the Town would be named as an additional insured.

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

VOTED: To sign the License and Indemnification Agreement as modified to include the cupola, and in addition to send a letter to the ZBA in support of Mr. Costello’s petition for a Special Permit.

Unanimous Vote.

NEW BUSINESS

Request for One Day Liquor Licenses – Nemasket River Productions

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

VOTED: To issue two (2) one day Beer & Wine Licenses to Nemasket River Productions for Friday, November 28th and Saturday, November 29th, for additional presentations of their production at the Town Hall.

Unanimous Vote.

Selectwoman Brunelle noted that a copy of the insurance binder had been received by the Board.

Request to Approve & Sign Septic Betterment Agreement – Imprescia – 138 Old Center Street

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

VOTED: To approve and sign the Septic Betterment Agreement for property located at 138 Old Center Street, owned by Melody and Philip Imprescia, for the amount of $20,275.00.

Unanimous Vote.

 

 

OLD BUSINESS

There was no ‘Old Business’ discussed tonight.

TOWN MANAGER’S REPORT

Selectman Rogers, who attended the Summit, agreed. He said that the 104 7th and 8th graders who attended had tremendous ideas.

VOTED: To approve and sign the revised Administrative Consent Order for the Landfill.

Unanimous Vote.

VOTED: To approve and sign the release Deed for Plain Street.

Unanimous Vote.

VOTED: To approve and sign the Agreement with the CMG Group regarding Plain Street.

Unanimous Vote.

Chairman Perkins said he has a call into the Chairman of the Carver Board. He and Selectwoman Brunelle will also follow this up at their next meeting.

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

VOTED: To send a reminder to the Carver Board of Selectmen of the need for a Town Meeting vote to authorize or approve the Agreement with Middleborough.

Unanimous Vote.

VOTED: To accept, and send a letter of thanks, two (2) checks from the Peirce Trustees: $2,415 for a storage shed and $18,801 for Landfill equipment.

Unanimous Vote.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by SEMASS Partnership in the amount of $11,797.22.

Unanimous Vote.

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

VOTED: To pay two (2) bills submitted by ADT Security Systems in the amounts of $218.21 and $109.11, totaling $327.32.

Unanimous Vote.

OTHER

There was no ‘Other Business’ discussed tonight.

CORRESPONDENCE

Selectman Rogers and Selectman Wiksten had attended the Taunton Committee of Public Works meeting last week regarding a request for water for John Souza d/b/a Crossroads RV. The request was denied.

Selectman Rogers said that Taunton explained that they were not looking to expand beyond the borders without an Intermunicipal Agreement. Selectman Rogers noted that the offer was made for Middleborough to take over the Lakeville Corporate Park in exchange for provision of water to Rte. 44.

Taunton voted, one against, to work with the Town of Middleborough to come up with an Intermunicipal Agreement.

Mr. Souza will pursue placing a well on his property. It was suggested that Taunton be asked to provide water for fire protection, not consumption. There are already two (2) hydrants on the property.

Selectman Wiksten said that Middleborough had indicated that they would free up some of their gallonage in return for the provision. He said they are not interested in "giving away" water without getting something in return.

Selectman Wiksten said that Taunton should be made aware that the request for service would be temporary until that area is developed by Middleborough. He suggested a letter be sent to Taunton saying that we are interested in entering into an Agreement.

Selectwoman Brunelle said the letter say we are interested in "exploring the possibility of entering into an IMA". This would require Town Meeting approval.

Selectman Wiksten said that an IMA is needed now for the current customers.

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

VOTED: To send a letter to the Taunton City Council asking them to consider providing water for fire protection for the Crossroads RV Center.

Unanimous Vote.

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

VOTED: To advise the Taunton City Council that the Town of Middleborough would like to explore the development of an IMA for existing customers on the Taunton water system.

Unanimous Vote.

The Board will send a letter to Mr. Kahian advising him of the Board’s vote.

 

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

VOTED: To enter into Executive Session at 8:30 PM, not to return to Open Session, to discuss a grievance and a potential collective bargaining agreement.

A poll vote was taken. Selectman Rogers, Selectman Wiksten, Selectman Eayrs, Selectwoman Brunelle and Chairman Perkins approved.

VOTE 5 – 0

 

Diane Henault, Secretary

BOARD OF SELECTMEN