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HomeMy WebLinkAboutBOS MINUTES 2-9-19770 BOARD OF SELECTMEN AGENDA February 9, 1977 • 7:30 p.m. - Call to Order Treasurer's Warrant Minutes Of the Meeting Clerk's Folder Correspondence • 7:35 p.m. - David Bragg re Water Service Shutoff at 394 Elm St. • 7:45 p.m. - Bertram Cook, Building Inspector • - Town Manager's Report • - Board Reports • - Adjournment BOARD OF SELECTMEN Minutes of the Meeting February 9, 1977 Present: Selectmen Robert DeLong, Antonino Caponigro, Frank Colella, and Douglas Titus; Town Manager Dennis Hannon. Selectman David Clem - mey out of town on business. Meeting opened at 7:35 p.m. Selectman Caponigro appointed Acting Clerk. Treasurer's Warrant: $119,131.91 - Motion to approve by Selectman Titus, * seconded by Selectman Caponigro, voted 4 -0. Minutes of the February 2, 1977 meeting - Motion to approve by Selectman * Titus, seconded by Selectman Caponigro, voted 4 -0. Minutes of the MBTA portion of the February 2, 1977 meeting - Motion to * approve by Selectman Titus, seconded by Selectman Caponigro, voted 4 -0. Letter from the Airport Commission regarding the responsibility for snow plowing and grass cutting at the Mansfield Airport. The letter said that the fixed base operator of the Airport was asking the town to remove snow from the tie -down areas where the aircraft owners park their planes. The Commission feels that the town should not be responsible to remove snow in this area, since the town would be liable should damage occur to the planes. This service, the Airport Commission feels, should be provided by the owners themselves for their own area or by the fixed based opera- tor. The Board members discussed this, and Selectman DeLong suggested sending a letter to the Commission telling them that the Board of Select- men concurs with the Airport Commission in this matter. Letter of resignation received from Caroline Ryan from the Youth Council. The Board will send a letter of thanks to Mrs. Ryan for her work on the Council. * ** Mr. David Bragg of Foxborough met with the Board to discuss a shutoff of water service at 394 Elm Street in Mansfield. Mr. Bragg explained that his neice occupies the home, and that he was not aware of the problem un- til Saturday. There had been a call to check the service at 394 Elm Street. Upon checking, it was found that the leak was on the owner's side. DPW Director Bonome ordered the service shut off. Since no one was at home, the men from the Water Division asked a neighbor to tell the occupant when she arrived home that the water had been shut off. Mr. Bragg said that his neice did not call him until Saturday, even though the water had been shut off on Wednesday of last week. He then called the Police Department, and was told that there was a man on call from the Water Division. The Town Manager explained that there was not a man on call, but only someone who went out to check the pump houses on the weekend. If there were a problem, calls were made to get a man out on overtime. If no one wanted to volunteer, then the Superintendent or DPW Director would order someone out. The fore- man had been sick and did not get the call until later in the weekend. The Town Manager said that the Police Department gave him a full report on this. Mr. Bragg said that he was satisfied now, but suggested the town work out a way to avert this situation in the future. Selectman Caponigro suggested (* Motions passed) -1- BOARD OF SELECTMEN ( Minutes Of the Meeting February 9, 1977 Page 2 that a card or tag be made up to be left in such a situation when there is no one at home and the Water Division has to shut off the service. * ** At 7:45 p.m. Building Inspector Bertram Cook met with the Board at their request concerning a petition received last week about an alleged zoning enforcement violation at 340 Central Street. Selectman Caponigro read the petition. Selectman Titus questioned what right the Board of Selectmen had to take, any action on this. A copy of a letter from Mr. Cook to the Town Manager was read which stated in part,that the permit to partially renovate three units was given after an inspection, where Mr. Cook said he found facilities for three separate family units. In his letter, Mr. Cook suggested that to clarify any misunderstanding, the Board might want to get an opinion from Town Counsel Grady regarding the following: 1) in ac- cordance with the General Laws, would the Selectmen have the authority to revise a permit issued by the building inspector ?; 2) under the General Laws, is there an appeal period in which any person can appeal the decision of the building inspector ?; and 3) if there is an appeal period, and that period has expired, what would be the course of action by anyone agrieved by the decision of the building inspector? Virginia Shaw, 379 Central Street, questioned if the taxes being paid on this house were for a 2 or 3 family dwelling. The Building Inspector said he did not know, but that the assessors' records sometimes might not show the correct number of units. Mrs. Shaw questioned if 5 units were to be put in this house. The Building Inspector said that he had issued the per- mit for three units, based on the facilities in the house when he inspected it. After further discussion, Selectman Caponigro moved to check with Town Coun- sel on the points mentioned in Mr. Cook's letter. Selectman Titus seconded the motion. Discussion - Selectman DeLong said that the Board should seek a clarification only if the Board did not agree with the Building Inspector. He said that he personally was satisfied with Mr. Cook's explanation. The Building Inspector noted that if people were aggrieved by the situation, they could file with the Board of Appeals within 30 days of the permit issu- ance, and after that, they would file in Superior Court for a Writ of Mandamus. There was further discussion, and then Selectman Titus withdrew his second to Selectman Caponigro's motion. Chairman Colella said that he would pass the gavel in order to second the motion if no one else would. Selectman DeLong * said that he would second the motion. Vote: recorded as 4 -0 to get Town Counsel's opinion regarding Mr. Cook's questions. Selectman Caponigro suggested that when the Board receives the answers to the questions, that the Board should let the petitioners know if any action will be taken by the Board or not. * ** Letter received from the Mansfield Housing Authority regarding a sign for Bicen- tennial Court. Mr. Cook noted that before the permit could be issued, the Housing -2- BOARD OF SELECTMEN ( Minutes Of the Meeting February 9, 1977 Page 3 Authority should go to the Board of Appeals. Selectman Caponigro suggested that the Board of Selectmen write a letter to the Board of Appeals asking them to amend their decision regarding the variance. Letter from Marie Connor stating that she would be resigning from the Council on Aging effective February 11. Selectman Caponigro said that the resignation should not be accepted at this time. The Board discussed other recent resig- nations and possible problems with the Council. The Board of Selectmen will ask to be on the agenda at the next council meeting, February 14, after the regular Light Commissioners' meeting. Mrs. Connor's letter of resignation will be held for a week; Selectman Caponigro will speak with her. Letter received from Mrs. Horton thanking town employees for work done during recent storms. Copy of memo sent to various Boards about meeting with Assessors on Febru- ary 15 to discuss parcels of land with owners unknown. Copy of letter sent to West Street residents and land owners to notify them of the hearing to be held on February 16. Copy of letter from Selectmen to Penn Central regarding acquisition of land in Norton for interceptor. Copies of Zoning decisions on Upham and Jodice. Copy of letter from state regarding curb cuts on state highways. The Town Manager noted that the Board should schedule a work session to discuss the permits issued by the town for some curb cuts. Letter regarding pending legislation for airport noise levels. This will be forwarded to the Airport Commission for review. Memo from Self Help regarding winterization program, with press release. The Town Manager also noted the Salvation Army was another approach for people who had trouble obtaining fuel oil. Letter from the Easter Seal Society regarding upcoming Coffee Day. Selectman Caponigro moved to proclaim March 11 as Easter Seal Coffee Day. Seconded by * Selectman Titus, voted 4 -0. Letter from Merckens Chocolate with their industrial waste discharge permit. The Town Manager suggested meeting with them on February 23. This will be an agenda item for that date. Notice of insufficient appropriation for Group Insurance for FY 76 -77. The Town Manager said the second half of this year had to be estimated, and was estimated at a 20% increase. The actual increase was 28%. He said that the Finance Committee has been notified of this. Notice from Acting Fire Chief that Richard M. Towne has been appointed on a -3- BOARD OF SELECTMEN ( Minutes of the Meeting February 9, 1977 Page 4 provisional basis.to the Fire Department. From the Massachusetts Selectmen's Association, request that the Board ap- point a legislative liaison. Selectman Caponigro moved to appoint Select- * man Titus. Seconded by Selectman DeLong, voted 3 -0 (Titus not voting). Correspondence from Town Counsel regarding Twin Oaks letter of credit for security deposit for electric service; regarding disability payment for call firefighters; and regarding the Charles Duncan et als (Ware Street complaint) court case - moved up to February 22. Selectman DeLong ques- tioned if surveillance was still being done. The Town Manager said it was not. Application from Richard Bradbury for the Council on Aging. Notice of hearings to be held on February 23 for street acceptances. Weekly report of pumping stations for Water Division. * ** ( Toam Manager's Report - Mr. Hannon reported that he was working on the articles for town meeting, and that there would be about 40. Insurance - to be bid for receipt on March 1. Salary Accounts - for budget, to be forwarded to the Board at the end of this week. Nabisco - meeting on February 23 with their engineers to discuss their discharge permit and lab test results for sewerage. Public Works Funding - Congress now considering additional funding for public works projects. Mr. Hannon discussed resubmitting Mansfield's application for the East Mansfield Water Loop project. Light Commissioners' - meeting scheduled for February 14 at 7:30 p.m. Christmas Decorations - The Manager noted that he has two bills from the Light Department for _ the labor involved in putting up and removing the Christmas Decorations, one for $774.82 and the other for $2,437.91. He said that the Board traditionally abates these. Selectman Caponigro moved * to abate these. Seconded by Selectman DeLong, voted 4 -0. Hutchason property - meeting with Bureau of Outdoor Recreation this week to discuss possible federal funds for the acquisition of this. Mr. Hannon also reported that the Police Department had arrested two men in a housebreak today. SE BOARD OF SELECTMEN ( Minutes Of the Meeting February 9, 1977 Page 5 Selectman Caponigro reported that the Town Hall /Police Station Building Committee would be turning the Town Hall over to the Selectmen at the Town Meeting. Chairman Colella wished Jim Douglas, who is leaving as reporter for the Mansfield News, good luck on behalf of the Board. Selectman DeLong moved to adjourn at 8:55 p.m. Seconded by Selectman * Titus, voted 4 -0. -5-