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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) -2- 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. -3- 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. -4- 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) -5- 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) -7-