OCTOBER 28, 2002


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

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


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

VOTED: To approve the Minutes of October 21, 2002.

Unanimous Vote.


Hearing – Request for Annual Wine & Malt Restaurant License – Sheldon’s Café – 134 North Main Street

Chairman Perkins read the following: "A hearing will be held by the Board of Selectmen on Monday, October 28, 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 the request made by Michelle and Donald Belfiano d/b/a Sheldon’s Café , for an Annual Wine & Malt Restaurant License. Property is located at 134 North Main Street, Middleboro, MA Assessors Map 50Q Lot 5542, Middleborough, MA. Anyone desiring to be heard on this matter should appear at the time and place designated." Chairman Perkins opened the hearing.

Michelle and Donald Belfiano were present. Ms. Belfiano presented the green cards.

Mr. Belfiano addressed the Board. He told them that the request for a beer and wine license is to "compliment dinners". They have recently extended their hours to 9:00 PM. Mr. Belfiano said customers have made requests for the beer & wine, and he has had positive reactions from customers regarding the request.

Chairman Perkins noted that the Board had received several letters regarding the request. The first was from the Police Chief, who said there is "nothing to disqualify" Ms. Belfiano as being named Manager on the license.

Chairman Perkins read a letter from the Building Commissioner/Zoning Enforcement Agent, William Gedraitis. It read in part "…The proposed liquor license is a new use and an alternation of the existing nonconforming business use and will need zoning approval from the Zoning Board of Appeals as per Middleborough Zoning By-laws Section IV and VI.5 and Section 7 of M.G.L. Chapter 40A which says in significant part ‘…no permit or license shall be granted for a new use of a building, structure or land which use would be in violation of any zoning by-law.’" Mr. Gedraitis noted that the establishment is in a residential zoning district and is a nonconforming use. He suggested the Board continue the hearing, pending ZBA approval.

The Board also received a letter from Attorney Robert Mather, who is representing George Decas. He also noted the violation of the Zoning By-laws for the Town.

Attorney Susan Callan was present in Attorney Mather’s place. She pointed out that the bylaw requires the applicant to appear first before the ZBA. She also noted a similar case that had gone to the Massachusetts Supreme Judicial Court.

Selectwoman Brunelle told the Board that the Black & White Theater had previously requested a liquor license and was denied because of their proximity to the Memorial Junior High School. She said it would be inappropriate to grant this license. She also noted that there had been no comment from the School Committee.

Selectman Wiksten noted that, as an abutter, the School Department had been notified about the hearing.

Dave Cassidy, an abutter, asked if the request could turn into an all alcoholic license. Chairman Perkins said, if this license were issued, the applicants would have to come back for an all alcoholic license, which would require a public hearing.

Mr. Healey asked Jeanne Martin, School Committee Member, if the MJHS was actively used by the School Department. She said it was not.

Ms. Belfiano noted that the school had been up and running at the time of Black & White’s request. She also noted that she would serve food and close at 9:00 PM.

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

VOTED: To table the request made by Michelle and Donald Belfiano d/b/a Sheldon’s Café , for an Annual Wine & Malt Restaurant License, and to instruct the applicants to go before the Zoning Board of Appeals for approval. If successful there, the hearing will continue.

Unanimous Vote.

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

VOTED: To send a letter to the School Committee asking for a formal response, in writing, of any comments or concerns regarding the request.

Unanimous Vote.

Meeting with Timothy Cruz, Plymouth County D.A. – RE: Internet Safety Program

Timothy Cruz, Plymouth County District Attorney, was present. He told the Board that Plymouth County has been designated a pilot site for an innovative internet safety program.

The Police Chief and School Committee were invited to attend this meeting.

Mr. Cruz told the Board that, a year ago, he had found out about a new software program for all public schools and libraries that want them. The program has to do with internet crime. He noted that the internet allows predators into our homes. This program is designed to protect our kids by teaching them how to protect themselves. He said this is the first program designed to teach kid what not to do on the internet.

Mr. Cruz explained that the program is a "game" in which the students are detectives. They find out about a young boy, Zack, who is missing. He said the game is based on a true situation. The goal is to catch the predator. Children develop their own safety internet rules and plans.

Mr. Cruz said that Bridgewater has used the program in their DARE program for the past year. Brockton has become the first city to put the program into their curriculum.

Mr. Cruz said he would leave a copy of the program for the School Committee to review.

The program is designed for 7th and 8th grade students.

The Board thanked Mr. Cruz for attending this meeting.


Set Order of Conditions for Earth Removal Permit – Hannula – Wood Street

The Board met to set the Conditions for an Earth Removal Permit that had been granted on September 9, 2002.

The Board reviewed a draft set of Conditions.

Glenn Amaral, G.A.F. Engineering, was present. He told the Board that the entire project, two (2) phases, would not be completed within the four (4) years. He said the request was for Phase I only, which was the tailwater recovery pond and wetlands restoration.

Mr. Healey asked if the applicant would return for a new Permit prior to beginning Phase II. Mr. Amaral said he would.

Selectman Wiksten suggested issuing two (2) separate bonds – one for any damage to Town property, the other to close the property. Discussion ensued. It was the Board’s consensus to increase one (1) bond to $50,000.

Selectman Wiksten noted that Phase I consists of the removal of 161,000 cu. yrds. He asked why this could not be removed in less than three (3) years. He said he had a problem with impacting the neighborhoods with a project this size.

Mr. Amaral said that material may come out before the three (3) years, but the loaming and seeding would not be completed.

Selectman Eayrs said it is the Board’s advantage to spread the project out. This would eliminate heavy, constant use of trucks every day.

Selectman Wiksten said the Board has tried to keep the impact to the neighbors at a minimum. He noted that the entire project will take six (6) years. He said he had no problem with the project, but wanted to see the work done aggressively. He said did not want to spread Earth Removal Permits over a period of three (3) years, noting he did not want these things to be "a supplement someone’s income."

Mr. Healey said he support what Selectman Wiksten was saying.

Mr. Amaral told the Board that limiting the project to Phase I only will demonstrate to the Board how the applicant can handle an Earth Removal Permit.

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

VOTED: To approve the Order of Conditions for Oiva Hannula, for the Earth Removal Project located (off) Wood Street, as modified with the removal of references to Phase II.

Unanimous Vote.

Request to Approve Appointment of Warden – Herring/Fishery Commission

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

VOTED: To approve the appoint of Arthur Standish as Warden for a period of one (1) year beginning September 30, 2002.

Unanimous Vote.

Request for Appointment to Fred Weston Memorial Committee – Michael Brady

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

VOTED: To appoint Michael Brady to the Fred Weston Memorial Committee as the representative of the Conservation Commission.

Unanimous Vote.

Request to Approve Peirce Trustees Request – Fire Chief

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

VOTED: To support the Fire Chief’s request to the Peirce Trustees for $3,060.00 for final payment to Hopwood Plumbing and Heating for services rendered at the South Middleborough Fire Station.

Unanimous Vote.


There was no ‘Old Business’ to discuss tonight.


Mr. Healey said that there had been a misinterpretation of terms of what’s involved. He said the expansion is an ongoing use of the landfill. Each new cell requires approval of DEP. Plympton had been notified of this.


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

VOTED: To pay the bill submitted by W.B. Mason Company, Inc. in the amount of $8.83.

Unanimous Vote.

The Board received real estate tax bills from the Town of Plympton. One bill is for property adjacent to the Soule Homestead, the other is adjacent to the landfill. The Board questioned the increase in the value on the bills. The bills are supposed to be "in lieu of taxes".

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

VOTED: To table payment of the real estate tax bills, pending further research by the Town Manager.

Unanimous Vote.

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

VOTED: To pay three (3) bills to the Middleborough Gas & Electric Department in the amounts of $99.68, $5.35 and $12.24, totaling $117.27.

Unanimous Vote.


Chairman Perkins informed the public that a "Town Meeting" regarding Terrorism and Homeland Security will be held on Wednesday, October 30th, at 7:00 at Taunton High School. The meeting is sponsored, in part, by Senator Pacheco.

Selectman Rogers said he will attend.


Jane Lopes said that the Historical Commission had contacted the Massachusetts Historical Commission. She said she was reminded of a preservation clause that is on the Town Hall. Because of this, a review process is conducted regarding the FCC license. She said the Commission will give a lot of credence as to what the Massachusetts Historical Commission has to say.

Mr. Healey asked if the Board would like him to work further on developing an RFP.

Selectman Eayrs said the proposed revenues are "not all that thrilling". He asked if it would be worth doing.

Mr. Healey noted that the Board had asked the applicant what they would like to pay. He noted that an RFP would solicit other proposals.

Chairman Perkins said his biggest concern was maintaining the integrity of the building.

Selectwoman Brunelle asked why other communities get so much more revenue. Mr. Healey said when there is competition, the numbers go up.

Mr. Healey agreed that the integrity of the building is number one. He told the Board that these funds would be a nice source of ongoing revenue for the Town Hall’s maintenance. The money would be earmarked for that purpose.

Jane Lopes said, although she is not "crazy about the idea", she had asked the proposers what the alternative would be. She said a tower could be built somewhere in the downtown area.

Selectwoman Brunelle questioned whether or not Mr. Sorrenti has been using Town-owned property.

Selectman Wiksten said the property abuts the tennis court. He suggested having the lot surveyed to make note of the boundaries.

Selectwoman Brunelle agreed that funds should be appropriated.

Mr. Healey noted that the land, which abuts the Fire Station, may be necessary for parking, or storing equipment, in the not-to-distant future.

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

VOTED: To authorize the Town Manager to send a letter to Mr. Sorrenti advising that the Town is not interested in selling the property.

Unanimous Vote.

Jane Lopes said that a line on the property has already been surveyed for the new fire station. Selectwoman Brunelle said that if funds are not available, they should be appropriated at the next Town Meeting.


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

VOTED: To enter into Executive Session at 8:15 PM, not to return to Open Session, to discuss Litigation and Contract Negotiations.

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

VOTE 5 – 0



Diane Henault, Secretary