SELECTMEN’S MEETING

SEPTEMBER 8, 2003

 

Chairman Perkins called the meeting to order at 7:02 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 August 25, 2003.

Unanimous Vote.

HEARINGS, MEETINGS & LICENSES

Hearing – Request for WRPD Special Permit – Souza – 3 Chalet Road

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 September 8, 2003 at 7:05 PM, for the purpose of discussing an application filed by John C. Souza d/b/a Crossroads R. V. Center, Inc., for a Special Permit under the Water Resource Protection District By-law, to allow construction of a 17,000 sq. ft. building with 7 services bays which will be used to sell and service recreational vehicles. The property is located at 3 Chalet Road and is shown as Assessors Map 038, Lot 6384, zoned GU W.R.P.D. "Z4". Anyone wishing to be heard on this matter should appear at the time and place designated." The hearing was opened.

Attorney Paul Tardiff was present to represent the applicant. He presented the green cards. Richard Fennucio, the Architect, and Kim Woodbury, a principal of the corporation, were also present.

Attorney Tardiff explained that the site contains a little over three (3) acres of land. There is frontage on Chalet Road, Harding Street, Clay Street and Rte. 495. He presented aerial photos of the site.

Attorney Tardiff said that the project is for sales and service of new RVs. The property will be serviced by Taunton water. He said there will be floor drains, at the request of the Plumbing and Building Inspectors. There will be no oil pits, the building will be one (1) level.

Attorney Tardiff said that fluids, such as transmission fluid, antifreeze, paint, and lacquer thinner will be stored in specific areas. There will be no drains, and any spills will be contained. The paint bay will have a vent, and will be inspected by the EPA before use.

Attorney Tardiff explained that there will be an oil and gas interceptor which will separate any gathered materials, and once at a certain level, will sound an alarm. He said this is a similar system to that of the new Fire Station.

Attorney Tardiff said the project is in harmony with the intent of the By-law, as it promotes health and safety, and watches for water problems.

Selectman Eayrs noted letters that the Board received from the Health, Building, and Planning departments. He asked if the applicant would comply to those concerns.

Attorney Tardiff said his client would, noting that some of the comments were questions.

Selectman Eayrs said that the Board generally looks for letters of compliance from those departments.

Attorney Tardiff said that he had only received copies of the letters three (3) days ago. He said nothing has been submitted in writing.

Selectwoman Brunelle asked about a concern of the Town Planner’s regarding paving the lot. Once paved, it would be at 73%.

Attorney Tardiff said that the plan is in compliance as the proposal is for gravel parking areas. He said there will be a filter fabric, and noted that the site is a little lower, tilting away.

Attorney Tardiff explained that the RVs will go through a series of inspections. There will be the least amount of fluids in them to allow them to be driven. He said there could be "drip pans" placed under each of the RVs as they are parked. He said, however, that the likelihood of any dripping materials is unlikely.

Selectwoman Brunelle asked if there would be any type of gas pump on the premises.

Attorney Tardiff said there will be no gas pumps on the premises, noting that there will be an abutting gas station. He also noted that the vehicles would not be washed on the premises.

Selectman Wiksten noted that the Board has previously allowed a gravel "stone filtration area" at the Plymouth Savings Bank building on Rte. 28. This was a concern of the Town Planner. Selectman Wiksten said that everything on her list "has been covered".

Attorney Tardiff said he has spoken to Mass Highway regarding a curb cut application.

Selectman Wiksten noted comments from Executive Office of Transportation and Construction regarding abutting land owned by the MBTA.

Attorney Tardiff said he was confused by these comments as they "do not apply". Selectman Wiksten noted, if necessary, the applicant would have to deal with this.

It was noted that a Water Agreement will have to be made between the City of Taunton and the Town of Middleborough. Attorney Tardiff said there are currently three (3) hydrants on the property.

Chairman Perkins noted that the Health Officer had suggested no floor drains.

Jeanne Spalding said that, not long ago, Floor Drain Regulations had been passed for these types of facilities. She said they should not be used.

Selectman Wiksten asked if the applicant had spoken to the Plumbing Inspector regarding the floor drains.

Mr. Souza said he had. He said Dennis Driscoll had required the floor drains be shown on the plans prior to meeting with the Selectmen.

Barry Johnson, the current Town Clerk in Bourne, asked to read a short letter into the record supporting the request:

"Dear Members of the Board:

On behalf of my wife Barbara and my self; I would like to take this opportunity to be recorded in favor of the issuance of a Special Permit under the Water Resource Protection District By-Law, to allow for the construction of a 17,000 sq. ft. building to house the proposed Crossroads R.V. Center that is to be located at 3 Chalet Road.

We have known and done business with John Souza for over five (5) years. We have always found him to be a person of very strong moral character, a person of high integrity and one who exemplifies a great deal of loyalty, purpose and a strong work ethic. He is very able in his dealings with customers, employers and employees and has a strong sense of organization in complex situations. When faced with a very difficult task or problem; you can count on him to complete the assignment successfully. He has a very good sense of the need to always be "community friendly" and we are sure that the Crossroads R.V. Center will be operated in a first-class manner. In every sense of the word, the Center will be a great asset to the Town of Middleborough and we are sure that everyone will develop the same sense of trust and respect that we have for John Souza.

We would be more than happy to answer any questions about Mr. Souza’s abilities.

Sincerely,

Barry & Barbara Johnson

4 Midway Road

Monument Beach, MA 02553"

Selectwoman Brunelle asked Mr. Souza if he has an operations elsewhere.

Mr. Souza said that he did not, but has worked in the industry for 20 years. He said he has managed all departments.

Mr. Souza told the Board that he is not "tied into a certain brand". He said he will not make a decision on which manufacturer to deal with until the business is ready.

Mr. Healey asked how many units would be displayed.

Mr. Souza said the figure can change, noting that the RVs vary in size.

Mr. Healey asked what the target date was for opening.

Mr. Souza said March.

Mickey Higgins, a direct abutter who owns the Mobil Station, had concerns with two (2) issues. First he asked if the storm drainage design had been done by an engineer. He was also concerned about an easement to a private pump station that is used by the Mobil Station and the Fairfield Inn. He said the new proposed hotel will also sign into the easement.

Attorney Tardiff said the easement will not be disturbed.

Mr. Healey asked who owns the pump station.

Attorney Tardiff explained that the station is located on the subject property. The owners pay for the maintenance and upkeep and gives bills to the users according the percentage used. He said this will continue.

Mr. Healey asked, if the station needed to be upgraded to accommodate the users, would the applicant pay for this and pass on the cost. Attorney Tardiff said he would. Mr. Healey noted the importance of this issue, as the Town does not want to own the pump station.

Hearing no further comments, Chairman Perkins closed the hearing.

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

VOTED: To approve the application filed by John C. Souza d/b/a Crossroads R. V. Center, Inc., for a Special Permit under the Water Resource Protection District By-law, to allow construction of a 17,000 sq. ft. building with 7 services bays which will be used to sell and service recreational vehicles for property located at 3 Chalet Road, shown as Assessors Map 038, Lot 6384, zoned GU W.R.P.D. "Z4", subject to compliance with the suggestions and requests of the Health Officer, Building Inspector and Planning Board. 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.

Selectwoman Brunelle suggested that all the concerns of the departments be forwarded to the Building Inspector to answer before a building permit is issued.

Attorney Tardiff suggested a joint meeting with all departments to address all concerns as quickly as possible.

Hearing – Request for Class I License – Crossroads RV Center, Inc. – 3 Chalet Road

Chairman Perkins read the following: "The Middleborough Board of Selectmen will hold a public hearing on Monday, September 8, 2003 at 7:20 PM in the Selectmen’s Meeting Room at the Town Hall, 10 Nickerson Avenue, for the purpose of discussing an application filed by Crossroads R. V. Center, Inc., for a Class I License for the premises located at 3 Chalet Drive, Middleboro, MA (Assessors Map 038 Lot 6384). Anyone desiring to be heard on this matter should appear at the time and place designated." Chairman Perkins opened the hearing.

Green cards for this hearing were returned at the previous hearing.

John Souza told the Board that he was requesting a Class I License for 75 – 100 units, which would depend on the size of the units, the seasonability and the market. The lot is 3+ acres. Mr. Souza proposes to sell trailers, as well as motorized, units.

Selectman Wiksten said, although the number sounds like a lot, the units are quite close.

Selectwoman Brunelle asked that any parts, as a result of repairs, be located inside the building, or contained in a separate unit.

Mr. Souza said this issue has already been addressed. Parts will be stored in the 2nd level above the parts room.

Discussion ensued on the number of units. It was the consensus of the Board that the number not exceed 100.

Jeanne Spalding asked if the approval of this license could be delayed until all departments have reviewed the project.

Selectman Eayrs said, although he was sympathetic to Ms. Spalding, he could understand that the applicant would want assurance that he would have the license before making the investment.

Mr. Souza proposed the hours of operation.

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 made by Crossroads R. V. Center, Inc., for a Class I License for the premises located at 3 Chalet Drive, Middleboro, MA (Assessors Map 038 Lot 6384), not to exceed 100 units, and no outside storage or parts, for the following hours: Monday through Friday 8:00 AM to 8:00 PM, Saturday 9:00 AM to 5:00 PM, and closed on Sundays.

Unanimous Vote.

Selectwoman Brunelle suggested an addendum to the Class I application to list the number of vehicles and the hours of operation.

Hearing – Request for Title V Variance – 187 Bedford Street

The Board received a request from Darren Michaelis, Azor Land Sciences, Inc., for a Title V Variance for a septic repair at 187 Bedford Street.

Jeanne Spalding said that this is a standard sieve analysis request for an existing dwelling. It is an upgrade.

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

VOTED: To approve the request for a Title V Variance for property located at 187 Bedford Street, Middleboro, MA as follows:

Substitution of a sieve analysis for a percolation test due to saturated conditions at the time of testing per 310CMR Section 15.104.

Unanimous Vote.

Meeting with Jeanne Spalding – RE: 60 Minute Perc Rate

Jeanne Spalding met with the Board to discuss the 60 minute percolation rate for new construction as passed by the DEP for the start of calendar year 2004. Ms. Spalding said, although she hadn’t received any official notice, that she had heard that this might be delayed again.

Ms. Spalding supplies a list of recommendations to the Board if the 60 minute rate was considered.

Ms. Spalding noted the hearing that follows is in regards to property owned by Basil Bartlett. The Board had previously denied the request for the Title V Variance, but Mr. Bartlett has modified the design and has requested to meet again.

Ms. Spalding said that there is currently one (1) of these projects in the Town. She said another should be allowed to look at controls and conditions, and to have a monitoring procedure. Future decisions would have reasoning.

Selectman Rogers said he did not understand why the Board was "revisiting" this. He said 60 minute percs could impact the Town quite a bit. He said he had spoken to Town Counsel regarding placing an article on the Warrant to keep the existing rates. Town Counsel had informed him that this only requires a public hearing as the Board of Health.

Selectman Rogers said that he thought the Board had agreed to take a step back and see what this would do to the Town; how many potential acres of land would open up.

Selectman Rogers said the State currently would allow 15 per year, as an experiment. He said there are only 12.

Selectman Rogers said that the suggestions made by Ms. Spalding was a start of the collective wisdom. He said input is also needed from the Planning Board. He said Middleborough already has an "experiment". The State will collect data from the 12 sites and give an evaluation in the future.

Selectman Wiksten agreed with Selectman Rogers. He said the recommendations are a good start. He said he was not willing to do any more at this time.

Selectwoman Brunelle suggested 60 minute perc rates could be approved on a case by case basis with conditions.

Chairman Perkins said he was not willing to do anything further at this time. He said he has heard no compelling argument to go to the 60 minute per rate in Middleborough.

Mr. Healey suggested that one (1) experiment might not be enough. He said approval of another will give the Board more information to base a position in the future.

Hearing – Request for Approval of 60 Minute Perc Rate – Bartlett – Lot 1A Precinct Street

Jon Pink, Azor Land Sciences, Inc., told the Board that Mr. Bartlett has asked that his application be withdrawn. He said they would reserve the right to submit it in the future.

NEW BUSINESS

Update on Budget FY’04

Members of the School Committee and Finance Committee were present. Many Department Heads also attended.

Mr. Healey had provided a memo to the Board updating the FY’04 Budget.

Mr. Healey told the Board that he had worked with Department Heads to finalize a Supplemental Budget request. He said the original "Recovery Plan" figure of $327,339 has been reduced by $10,590 to $316,749 due to the fact that one firefighter has been in Iraq. He is scheduled to return in October.

Mr. Healey told the Board that the previously proposed Recovery Plan did not include the restoration of Overtime and other line items needed by the Police Department. He, along with the Chairman Perkins, had met with Chief Russell and reached an agreement to recommend a total of $10,095 in General Expense and $100,490 in Overtime be added to his budget. This brings the total General Government Supplemental Budget to $427,334. In addition, the School Department has requested an additional $200,005 for maintenance and supplies.

Mr. Healey said, using an estimated Local Receipts figure equal to 80% of the actual ’03 Local Receipts, plus $300,000 in new revenues already approved (Health, Building & Planning Dept. fees), and $1,838,230,51 of the $1,898,513.93 estimated Free Cash certification will yield a total of $627,339. This will cover the total request for supplements of $627,339.

Details of the Departments supplemental requests were given to the Board.

School Superintendent, Denise Walsh, addressed the Board. She said that the good news was that 3,700 students went to school today. She referred to the problem at the Burkland School with mold. The estimated cleaning and testing costs will be $168,000. She also explained that some desks and chairs have had to be removed and replaced. She said this is extraordinary and unanticipated costs and is not available within the budget.

Steve Studley, Chairman of the FinCom, asked if insurance would cover this. Chairman Perkins said that he has reviewed the insurance, and there is a mold exclusion which would provide $25,000. That is the maximum amount.

Dr. Walsh noted that the vent system has been taken apart, wash and cleaned. Poor air quality results are still showing. She said there may be a need to look at the drainage. She said moisture, which is a pre-existing condition, was the trigger for the mold. She said the problem goes back to when the school was first built.

Selectwoman Brunelle said the $168,000 should be put on the Warrant as a supplement budget request. She said a Reserve Transfer cannot be done because there is an upcoming Town Meeting.

Selectman Rogers asked how the additional monies for capital improvements were accounted for. Mr. Healey said he had spoken to the Treasurer. The current budget will take care of the Fire Station and existing debt payments. Additional projects on the Warrant can be financed or pushed into next year’s debt service budget.

Mr. Studley said the recovery plan "sounds interesting" but his Committee doesn’t see where the money is being generated. He said changing the estimated Local Receipts effects our fund balance. He said interest rates are going up.

Mr. Studley said the budget was passed at the Annual Town Meeting. This hasn’t been implemented, and now there is further debt. He said re-estimating Local Receipts only puts the problem off to next year.

Selectwoman Brunelle noted that the Board has come up with new revenue sources over the past three (3) years. She pointed to numerous fee increases. She said she fought to increase the Local Receipts because the fees were increased.

Selectwoman Brunelle said that the Board agreed with the budget at the June Town Meeting, but noted that it was not a workable budget. She said that, since 1990, there has been a $945,000 structural deficit. The Board has tried to address this over the past 10 years.

Selectwoman Brunelle noted that, even with the additional recommendations, positions were still being lost. She asked when the Town Clerk/Accountant’s funding restoration will be addressed.

Mr. Studley said that there was a question as to what the Board’s intent was when Ms. Bernier retires. Would the position be split? He said it is the FinCom’s intention to fund the position for the rest of the year.

Selectwoman Brunelle said she realized there will be additional changes to be made next year, but the supplement would give additional time to work on the deficit.

Mr. Studley said that Local Receipts have increased, but so hasn’t the approved level of debt.

Discussion ensued on the proposed "consolidation plan" that was proposed by the FinCom.

Selectwoman Brunelle suggested that the FinCom look at comparing the cost of paying for mileage vs. the cost of having a Town car.

Selectman Eayrs said that it is important that the FinCom reconsider its opposition to the proposed supplemental budget. He said this would keep us "in one piece for one more year". He said it is the Board’s responsibility that Town government continues. HE said the loss could not be sustained from the Annual Town Meeting.

Michael Scott, FinCom, thanked Mr. Healey for analyzing the figures and coming up with a proposal. He said the FinCom does not believe it makes sense to appropriate over $600,000 to be spent against next year’s money.

Mr. Scott said that the Town is opposed to tax increases. He said this will not be accepted. The result is that the FinCom must be fiscally conservative and restrained on spending.

Selectwoman Brunelle explained why there is the current $945,000 structural deficit. She noted that, in 1990, 20+ General Government employees and 40 School Department employees were laid off. She said they walked out of the June Town Meeting with a balanced budget. However, $945,000 was underfunded in the health and life insurance with the thought that it would be restored in the Fall. A commitment to eliminate the structural deficit in the following June was never done.

Selectman Eayrs said that the citizens of the Town control the destiny of the Town. He said it is not a question of doing what the Town wants, but doing what is best for the Town.

Mr. Healey noted that, even after the restorations, the General Government would’ve cut $600,000 this year. He said people do not want a reduction in Town services. He believes the Debt Exclusion was not approved because people believe there are other ways of dealing with the fiscal crisis.

Mr. Studley asked the Board, assuming Town Meeting doesn’t support this plan, what plan is there to make up the money that is currently running as a deficit.

Chairman Perkins said that, within days of the Town Meeting, there would be a serious dismantling of the Town Government with many more layoffs.

Dr. Walsh asked if the supplemental $200,005 would be used for supplies and maintenance as requested, or to pay for the mold problem.

Mr. Healey said there is no where else within the budget to find an additional $200,000. He noted that there is over $300,000 in the Stabilization Fund.

Chairman Perkins said the Board would work towards the goal of stretching the money as far as it can. He said there are a couple funding sources: $25,000 insurance and $66,00 in the Reserve Fund.

Selectwoman Brunelle noted the Reserve Fund cannot be used.

Mr. Healey asked if an appeal has been made to the State regarding the mold. Dr. Walsh said it is unlikely they will revisit Chapter 70.

Sandy Bernier suggested that $50,000 could be transferred from the Reserve Fund for the purpose of helping out with the mold situation. This would reduce the Reserve Fund.

Mr. Scott suggested a separate vote at Town Meeting for the $200,005 supplement for the School Department, and the $168,000+ for the mold.

Selectwoman Brunelle said this would have to be incorporated into Article 1. It would require two (2) separate votes, and would require identifying the source of funding.

Selectman Wiksten said he would like to see more money come to the way of the School Department. He said the mold issue cannot be ignored, and the School Department should not have to use money for supplies to pay for it. He said we "should bear the brunt together".

Mr. Simmons noted that bills are already being incurred. The only alternative for paying for it is to cut education to pay for the mold.

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

VOTED: To support the $627,339 supplement appropriation to restore funding to budgets.

Unanimous Vote.

Request for Information – Wetlands Consulting Service

Chairman Perkins read a letter from Andrew Ashley, Wetlands Consulting Service. He said this was a second request for a digital copy of the most recent Digital Parcel Data from the Town’s Geographic Information System. He said the request was being made for a public record as defined in Chapter 4, Section 7, clause 26 of the MGL.

Discussion ensued on whether or not there should be a charge for this information.

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

VOTED: To ask the Town Manager to follow up with the IT Department for the cost associated, and Town Counsel as to whether or not this is a legitimate public records request.

Unanimous Vote.

Request to Appoint Police Officers – Chief of Police

The Police Chief has asked to fill two (2) of three (3) vacant positions. This is required under the COPS Grant.

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

VOTED: To appoint the following individuals to fill (2) of the (3) currently vacant positions at the Police Department:

Mark A. Poirier Effective September 9, 2003

Matthew J. Skwarto Effective September 12, 2003

Unanimous Vote.

It was noted that both appointees are transfers, and will not require the expense of training.

Request to Sign Form 43 for Reconsideration – T.J.’s Convenience

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

VOTED: To sign a Form 43 for reconsideration for a liquor license for T.J.’s Convenience.

Unanimous Vote.

Request for Appointments to Cultural Council

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

VOTED: To appoint the following individuals to the Middleborough Cultural Council:

Kara Andrews Theresa Knapp Enos

Lea Botta Rob Lorenson

Unanimous Vote.

Request for Weight Limit on Trucks – Lovell Street

The Board received a letter from Tracie Craig, and a petition from residents of Lovell Street, regarding tractor trailer trucks on the street.

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

VOTED: To refer the above-mentioned matter to the Police Chief and Highway Superintendent.

Unanimous Vote.

Mr. Healey was asked to follow-up on this.

Request to Appoint Special Counsel – Town Counsel

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

VOTED: To appoint Attorney John Spinale to act as special counsel in a case involving property located on Valley Road.

Unanimous Vote.

 

Request to Appoint Representative – Plymouth County Commissioners

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

VOTED: To reappoint Selectman Eayrs as the Board’s representative to the Plymouth County Commissioners.

Unanimous Vote.

Request to Support Approval of TIF – Bruce Arons, Director OECD

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

VOTED: To approve the TIF Application with STD Mfg. & Commerce Property Group, LLC, and to support this at the Special Town Meeting scheduled for September 29, 2003.

Unanimous Vote.

Request to Approve & Sign Amendment – Weston & Sampson Engineers, Inc.

The Board was asked to sign Amendment No. 1 to the contract for the Route 28 Water Main Improvement Project made on the 16th day of June, 2003.

Selectman Rogers suggested that ‘Payments to the Engineer’ as stated in Sections 5.4 and 5.6 be "broken out".

Mr. Healey will ask for the revision, and the Board will act on this next week.

Request for Layout Hearing – Leona Drive – Cubellis Saivetz Associates

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

VOTED: To deny the request made by Cubellis Saivetz Associates for a layout hearing for Leona Drive.

Unanimous Vote.

OLD BUSINESS

There was no "Old Business" to discuss tonight.

TOWN MANAGER’S OFFICE

The Board will discuss "Early Retirement" next week.

SELECTMEN’S BILLS

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

VOTED: To pay the bill submitted by Hathaway Publishing in the amount of $61.50.

Unanimous Vote.

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

VOTED: To pay five (5) bills submitted by the Middleborough Gas & Electric Department in the amounts of $5.35, $5.35, $58.33, $25.99 and $7.65, totaling $102.67.

Unanimous Vote.

OTHER

Microphones for Selectmen’s Meetings

Selectwoman Brunelle told the Board that the Cable Committee is waiting for quotes. She said the company had been to the Town Hall.

Selectman Wiksten said the Committee should have updated the Board. He noted that the microphones had been promised to be installed in two (2) weeks when the Board had previously asked.

CORRESPONDENCE

Selectman Wiksten suggested the owners do something with the hedge.

Mr. Healey said the hedge is a vegetative screen for sound for that house.

Selectman Wiksten said that it was not like this years ago. The residents have "let it go" for their benefit.

Mr. Healey said that the owners have trimmed the hedge. If any further cuts are made, the hedges would have to be removed.

Selectman Wiksten said that if these owners are not required to comply, nobody will have to.

Chairman Perkins suggested that both parties meet with the Board to discuss this.

Mr. Healey said that he has spoken to the residents.

Selectman Wiksten said that there has to be a rule or bylaw which prohibits blocking the sidewalk. He said either the sidewalk would have to be removed or the rules should be followed.

 

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

VOTED: To enter into Executive Session at 9:50 PM for the purpose of Collective Bargaining Strategy/Contract Administration and Litigation.

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