HomeMy WebLinkAboutBOS MINUTES 4-6-1977BOARD OF SELECTMEN /LIGHT COMMISSIONERS
A G E N D A
April 6, 1977
• 7:30 P.M. - Call to Order
Treasurer's warrant
Minutes of the Previous Meeting
Clerk's Folder:
Renewals for Auctioneers' Licenses
- Walter Lawrence
- Barbara Tarsa
- Louis Tarsa
Correspondence
® - Amendments to NEPOOL Agreement..
e 8:00 P.M. - Hearing - Yankee Vehicle Recycling (Class 3)
Leon C. Grant, 376 Ware Steeet
e 8:30 P.M. - Gordon Dog Complaint
ib - Honor Roll Discussion (taken under advisement last week)
® - Board Reports
® - Adjournment
BOARD OF SELECTMEN /LIGHT COMMISSIONERS
Minutes of the Meeting
April 6, 1977
Present: Sed.eetmen Robert DeLong, Tony Caponigro, Frank Colella, and
David Clemmey. Selectman Doug Titus and Town Manager Dennis
Hannon absent due to illness.
Meeting opened at 7:30 P.M. Selectman Caponigro moved that Selectman
Clemmey be Acting Chairman. Seconded by Selectman Colella, voted 3 -0.
Selectman Caponigro moved that Selectman Colella be Acting Clerk. Se-
conded by Selectman DeLong, voted 3 -0.
Selectman Caponigro moved that the Minutes of the previous meeting be
approved. Seconded by Selectman DeLong, voted 4 -0.
Selectman DeLong moved to approve the warrant in the amount of $75,337.88
Seconded by Selectman Caponigro, voted 4 -0.
Amendment to NEPOOL Agreement - Selectman Colella moved that the Boa0d
approve the amendment to the NEPOOL agreement, as attached. Seconded
by Selectman Caponigro, voted 4 -0.
Correspondence: From the office of State Planning, letter concerning
A -95 rev,i.ew of Step II Sewer Application.
From the State Department of Public Health, letter regarding ambulance
regulations.
From the Department of Corrections, notice of correctional industries
products from April 11 - 15.
Note regarding request to block Jewell Street entrance to Attleboro
waterworks. The DPW Director is checking into this.
Notice of land on Fruit Street being land- courted.
Application -for a one -day beer license for the Firemen's annual chicken
Barbeque. Date - June 18, raindate June 19• Selectman Caponigro moved
* to approve. Seconded by Selectman Clemmey, voted 4 -0.
Letter of resignation received from Bradford Johnson, from the Council
on Aging. This will be effective on April 5. Selectman Caponigro moved
to accept the'resignation, and to appoint Richard Bradbury to fill the
vacancy. Selectman DeLong seconded the motion for discussion. Select-
man Colella said that there may still be applications coming in. After
further discussion, the motion and second were withdrawn, and it was
noted that action will be taken on this next week.
( *- MOTIONS PASSED)
CERTIFICATE
I, the Secretary of the Municipal Electric Commission of the Town of
Mansfield, Massachusetts, certify that at a meeting of the Commission held
April 6 , 1977, of which meeting all members of the Commission were
duly notified and at which a quorum was present, the following vote was
unanimously passed, all of which appears in the official records of the Com-
mission in my custody:
Voted: that the municipal electric department, as a member
of the New England power pool, approve the proposed
amendments to the New England Poorer Pool Agreement
contained in two proposed agreements, one dated as
of December 31, 1976 (but to become effective
November 1, 1977) and one bearing no date (but to
become effective on February 3, 1977 or on such later
date as provided by the Federal Power Commission),
in form substantially as presented to this meeting;
and that the Municipal Electric Department Manager,
or the Municipal Electric Department Director, with
the approval of the Municipal Electric Department
Manager is hereby authorized and directed to execute
and deliver such agreements and to take such other
action as he deems necessary or advisable to carry
out the purposes of this vote.
I further certify that the vote was taken at a meeting open to the public,
that notice stating the place, date and time of the meeting was filed with the
Town Clerk and a copy thereof posted in the office of the Town Clerk or on the
principal official bulletin board of the town at least 48 hours, including
Saturdays but not Sundays and legal 'holidays, prior to the time of the meeting
and remained so posted at the time of the meeting, that no deliberations or
decision in connection with the above vote were taken in executive session, and
that the official record of the meeting was made available to the public promptly
and remains so available to the public, all in accordance with G.L. c.39, s.23B
as amended.
Dated: April 6, 1977 f
Seccretary of the Municipal ctric Commission
David R. Clemmey
BOARD OF SELECTMEN /LIGHT COMMISSIONERS
Minutes of the Meeting
April 6, 1977
Page 2
Other correspondence: from SRPEDD, notice of meeting; summery of bids
opened for sewer infiltration and tree removal; from the State DPW re-
garding the costs for traffic signals proposed for town meeting votes;
from Donald K. Haskell regarding a drainage problem at 520 Williams St.
(Agenda Item next week; have DPW Director check costs for corrective
action).
Transfer request - $550 for Elections and Registrations Account, for
town meeting expense. Selectman Caponigro moved to approve this and
* forward to the FinCom. Seconded by Selectman Colella, voted 4 -0.
Application from John L. Clemmey, for the Finance Committee.
Auctioneers' license renewals - Walter Lawrence, 21 Chilson Avenue.
Motion to approve by Selectman Caponigro, seconded by Selectman Colella,
voted 4 -0.
Barbara A. Tarsa, 644 South Main Street. Motion to approve by Select-
man Caponigro, seconded by Selectman Colella, voted 4 -0.
Louis Tarsa, 644 South Main Street. Motion to approve by Selectman
Colella, seconded by Selectman Caponigro, voted 4 -0.
Honor Roll - (taken under advisement last week). Selectman Clemmey
told the Board that he has talked to Royal Patriquin, and he would be
willing to go out to bid on this. The Board discussed having the specs
written, and then inviting any interested parties to bid on the honor
roll. After further discussion, Selectman Caponigro moved to contact
Morse & Beggs Monument Company and ask them to attend next week's meet-
ing to discuss drawing up the specs. Seconded by Selectman DeLong,
* and voted 4 -0. After vote was taken it was noticed that Mr. Beggs was
in the audience, and he met with the'Board. Mr. Beggs said that the
would be willing to draw up the specifications at no cost to the town.
Yankee Vehicle Recycling - Class 3 license application - Public Heari
The application was read: Yankee Vehicle Recycling, Incorporated, 376
Fruit Street; President, Leon C. Grant, 440 Ware Street, Mansfield;
Treasurer and Secretary, Allan D. Dexter, 23 Short Street, Taunton.
Mr. Grant presented a plan which had been revised after meeting with
the Planning Board to the Selectmen. Board members and area residents
looked at these plans. Mr. Grant said that he proposed to leave a buf-
fer zone of wooded area between him and the abutters. He added that
this was industrially zoned, and that the proposed use was an allowed
use under zoning bylaws. Mr. Grant told the Board that a portion of
the land was wet, and that in the revised plan, Lot G would be cut by
40% so that the wetland would not be touched. Mr. Grant said that he
(-- MOTIONS PASSED)
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BOARD OF SELECTMEN /LIGHT COMMISSIONERS
Minutes of the Meeting
April 6,, 1977
Page 3
met the three criteria called for in the general laws: 1 - this would
be a principal business, 2 - the officers of the corporation were con-
sidered "suitable persons ", and 3 - this was a proper location.
Mr. Grant described how the business would be screened: an 8' stockade
fence, trees, and chain link fencing.
An unidentified person questioned the restrictions on heighth under the
zoning.
Mr. Grant said that the zoning restricted buildings, etc., to be no
more than 451, but because of the proximity of the airport runway, a
further restriction of 30' was attached to the land. He also said that
there was no intent to have a car crusher or shredder on the premises.
Edward Rosenber92 796 Ware Street, questioned the stipulations put on
The other license. Mr. Grant said that he did not think this was per-
tinent to this application.
The Acting Chairman asked that Mr. Grant be allowed to fihish his pre-
sentation before questioned by the audience.
Mr. Grant summarized by saying that this was an approved use under the
zoning bylaws revised in 1975, that he has an approved site plan, that
his permit would not be issued until all zoning requirements were com-
plied with, and that the occupancy permit would not be issued until the
site plan was ready.
Acting Chairman Clemmey asked if there were anyone to speak in favor of
this license application.
Guy Matoian, 36 Lantern Lane, said the he thought this should be issued
because it was properly zoned, and would be subject to any stipulations
of the Board of Selectmen.
Doris Ennis, 40 Branch Street, said that she did not see why this should
not be allowed; the zoning was "correct ", he owned the property, and
should be allowed to do with it what he wanted. She said that there
was already traffic on the roads because of Compo Chemical.
Mrs. Lewis, property owner, said that she has lived near this area for
14 years, and had no objections. She said that there would be no noise
at night from this, and that she did not think the traffic would be a
problem.
Speaking in opposition:
C Elizabeth Roche,68 Hall Street, discussed oil from the cars draining into
the wetland area. Mr. Grant said that he would be far enough away so as
not to affect the wet area.
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BOARD OF SELECTMEN /LIGHT COMMISSIONERS
Minutes of the Meeting
April 6, 1977
Page 4
Peter Manget, 789 Ware Street, spoke in opposition to the license being
granted, noting the following: oil, brake fluid, battery acid, etc.
from cars seeping into the ground; the country atmosphere of the neigh-
borhood, and statements made by Mr. Grant ;in the past.
Robert Shaw, 10 Fruit Street, asked how vehicles would be moved to the
site. Mr. Grant said that they would either be carried or drivemr Mr.
Shaw noted that the corner of South Main and Fruit Streets was already
a hazardous place. Mr. Grant noted alternate routes.
Patricia Manget, 789 Ware Street, noted that there was an existing
Class 2 license. Mr. Grant said that his would be transferred from
the Creeden Street location.
Jack Cook, Ware Street, questioned the other indivvduals involved with
this corporation. He also asked if the Creeden Street stipulations
would apply to the second location, and also asked if the license is
granted, would the town re -value the property to lower taxes.
Allan Dexter, Secretary- Treasurer of Yankee Vehicle Recycling, noted
that he has been in the auto business for 20 years. He said that he
was the Vice President of Foxboro Motors, a C'l.ass 1 license. He said
that he has been involved wEth Class 3 operations for 20 years, and
that he was presently with a scrap refining business in Providence.
(Jewellers' Refining)
Acting Chairman Clemmey noted that the stipulations, if any, would be
set by the Board of Selectmen, and 1n answer to the last part of the
question about revaluation, Mr. Clemmey noted that the Assessors'
have already taken the zoning into consideration when assessing the
value of the houses.
Mr. Cook commented that he 'thought the value of the houses in the area
would go down if such an operation were established.
Margot Jellinek, 1551 West Street, questioned under what name would the
license be issued. Mr. Grant told her "Yankee Vehicle Recycling, Inc."
William Strom, 794 Ware Street, questioned one of the criteria under the
General Laws mentioned by Mr. Grant, "suitability of persons ". Mr. Strom
alleged that Mr. Grant has had 7 businesses in the last 10 years.
Beatrice Thayer, 57 Charles Street, asked Mr. Grant if he were claiming
hardship. Mr. Grant said that he was only claiming the allowed use.
John Walgreen, 294 Ware Street, spoke against the issuance of the li-
cense, saying that the character of the neighborhood was not industrial,
and that this should not be an allowed land use.
Mark Thomas, 579 Ware Street, questioned other possible uses of the pro-
perty if this license were not issued.
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BOARD OF SELECTMEN /LIGHT COMMISSIONERS
Minutes of the Meeting
� April 6, 1977
Page 5
Diane Owen, 800 Ware Street, expressed concern about the traffic that
might be generated by such a business and the condition of the roads.
Darleen Ricci, 205 Essex Street, spoke in opposition of the granting
of thb license, citing road conditions and traffic as-.her reasons for
being opposed.
Peter Brown, 791 Ware Street, said he has just bought a home in the
area, and did not want it devalued. Several residents asked Robert
Shaw, real estate agent, about the affect of the proposed business on
property values in the area. Mr. Shaw commented that this could not
be determined until someone tried to sell his home, to see what affect
this would have on the market value.
Ed Krause, 804 Ware Street, said it was up to the Town to decide the
best use of this property.
Allan Ricci, 205 Essex Street, told the Board and meeting that in his
opinion, the street was primarily residential, and that it should be
kept that way.
Karen Rafferty, 298 Ware Street, said that she did not feel that her
vote against the zoning petition in the Annual Town meeting should be
construed to be an endorsement of the "junkyard ".
The hearing was declared closed. Selectman Caponigro moved to take
the matter under advisement for one week. No second to this motion.
Selectman DeLong moved that since the area was primarily residential
in character, the operation would not be suitable due to increased
traffic, which would be hazardous to children, and that the industrial
zoning was to provide a buffer between the airport and residential de-
velopment; in addition, the Board was familiar with the past performance
of the president of the corporation regarding compliance with the re-
strictions on the Creeden Street license, this license be denied.
Seconded by Selectman Colella, and voted 3-0 (Acting Chairman did not
vote).
Gordon Dog Complaint - Selectman DeLong commented on the follow -up to
last week's hearing. He said that -the Board went down to view the
dog the next morning, and that he personally has observed the dog 4 -5
times since that. Only on one occasion was the dog outside. He said
that he could understand why the people were scared, that the dog was
very aggressive - it grabbed his leg, but did not bite him. He said
that he would not have the dog removed at this time.
Selectman Caponigro agreed with this, saying that people should not
have to be scared by an adimal.
Selectman Colella asked Bob Button if he has seen the dog loose. Mr.
Button replied that he had not.
( *- MOTIONS PASSED)
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BOARD OF SELECTMEN /LIGHT COMMISSIONERS
Minutes of the Meeting
April 6, 1977
Page 6
Selectman Clemmey asked Mr. Gordon if the dog had been loose. Mrs. Gor-
don replied that it had not. Mr. Clemmey advised the Gordons that he
had seen the dog loose around 7:30 p.m. on last Saturday night. The
Gordons replied they were not aware of this.
After discussion with some of the neighbors present at last week's
hearing, Selectman Caponigro moved to issue a permanent restraining
order on this dog, and that if the dog were to be found loose again,
that it would be taken out of town or destroyed. Selectman DeLong
seconded the motion. Acting Chairman Clemmey explained the motion to
the Gordons, saying that if the dog were loose again, then it would
* have to be taken out of town or destroyed within 7 days. Voted 4 -0.
Selectman DeLong moved that the Town Manager and Fire Chief study the
schedule of the Fire Department. He said that He understands that in
a 42 -hour shift, the firemen are allowed to sleep 16 hours. He called
this poor management, and said that the schedule should be arranged to
have the men productive for 42 hours. Selectman Caponigro seconded the
motion for discussion. Discussion by the Board. Selectman DeLong.said
that perhaps the present schedule can be justified, but he wanted the
matter studied. Selectman Colella said that he was against this, and
that the firemen had to be alert for fighting fires. Selectman Clemmey
said that there was nothing to hide, and saw nothing wrong with studying
the matter. Selectman Caponigro said that he had seconded the motion
only for discussion, and withdrew it. Selectman DeLong said that'.'the
motion still stood. Selectman Clemmey passed the gavel to Selectman
Caponigro and seconded the motion. Vote: 3 -1, with Selectman Colella
opposed.
Selectman Colella questioned the holiday closing for Good Friday. it
was noted that this was a voluntary thing for some package stores;
there were no A.B.C.C. regulations on this.
Selectman Caponigro discussed the proposal to do West Street with
Chapter 90 funds, without having to take land or widen the street,
just resurface the road and put in drainage. A letter has been drafted
to be sent to the State DPW with this proposal.
Selectman Caponigro also discussed a proposal for the Town of Mansfield
to invite the Norton Selectmen to form a sewer study committee.
Acting Chairman Clemmey said that he has an item for executive session
regarding finances with Leon Grant and the Town.
l Beatrice Thayer, 57 Charles Street, discussed charging out -of- towners
using the Mansfield railroad station for parking. Selectman Caponigro
moved that the Selectmen request the people serving on the Downtown
Development Committee to look into studying the feasibility of charging
( *- MOTIONS PASSED) -6-
BOARD OF SELECTMEN /LIGHT COMMISSIONERS
April 6, 1977
Minutes of the Meeting
Page 7
the people from out of town to park at Mansfield. Seconded by Select-
man DeLong, voted 4-0.
Vote to go into executive session to discuss financial matter with Leon
Grant: Selectman DeLong - yes; Selectman Colella - yes; Selectman Cap -
onigro - yes; and Selectman Clemmey - yes. The Board will not return to
open session.
Executive Session: the status of the light bill for Grant Motor Sales,
69 Creeden Street, was discussed. Mr. and Mrs. Grant proposed to the
Board of Light Commissioners that they be allowed to pay the current
monthly billing plus $100 per month on the arrears. After discussion,
the Acting Chairman passed the gavel and made the following motion: that
the Board of Light Commissioners accept the proposal of payment by Grant
Motor Sales of paying the current monthly billing and $100 per month on
the arrears, and if this arrangement were not lived up to, the electrical
service would be disconnected immediately. Motion seconded by Selectman
Colella. Vote 2 - 2 deadlock, with Selectmen Caponigro and DeLong opposed.
Selectman Caponigro moved that the following arrangement be made: that
Grant Motor Sales pay $100 per month on the arrears, plus the current
monthly billing, and at the end of 90 days, the arrears will be payable
in full. No second.
Acting Chairman David Clemmey passed the gavel to Selectman Caponigro.
Selectman Clemmey moved that Grant Motor Sales pay the current monthly
billing, plus $100 on the arrears, with the account to be reviewed in
90 days, with the stipulation that if the arrangement is not met, that
electrical service will be discontinued immediately. Seconded by Select-
%' man Colella, and voted 3 -1, with Selectman DeLong opposed.
There being no further business, the Board adjourned at 11 p.m.
0- NOTIONS PASSED)
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