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HomeMy WebLinkAboutBOS MINUTES 7-23-1975BOARD OF SELECTIM A G E N D A July 23, 1975 • 7:30 P.M. - Call to Order Treasurer's warrant Minutes or tno Previous Meeting Correspondence Cle'rk's Folder Class II License, Leon Grant • 7:45 p.m. - Camp, Dresser, & McKee - Ralph Souppa • 8:00 p.m. - EtL% n , Hathaway Patterson • 8:10 p.m. - Joseph Donavan re Historic Signs • 8:20 -p:m. - Go3don Simons re Leasing -Town Property n .tom • 8 :30 P.M. - Hearing, Complaint on Kennel owned by Charles Duncan • 9:00 p.m. - Sewer Connections Hughes Fahey Subdivisions Industrial and Commercial • Town Manager's Report I IINDER: Bristol County Selectmen's Association Clambake tomorrow at 7:00 ( ?) pm. Sadler's Clambake Pavillion, Route 118, Rehoboth. Board of Selectmen Minutes of the Meeting Z July 23, 1975 Present: All Board members, Town Manager Hannon. Meeting opened at 7:45 p.m. Treasurer's Warrant totaled $343,773.11 - motion to approve by Selectman Levine, seconded by Selectman Titus, voted all in favor. Minutes of July 99 1975 - correction noted by Selectman Belong on Page 2, add "members" at end of third line from bottom. Motion to accept minutes with correction by Selectman Titus, seconded by Selectman Colella, so voted. Ralph Souppa of Camp, Dresser, and McKee met with the Board to report on price negotiations with Smith - Loveless, manufacturers of the sludge dewater- ing equipment. He reported that the price would be x$2,500 less than ori- ginally quoted. After discussion, Selectman Levine moved to approve the contract in accordance with Camp, Dresser, and McKee's letter of July 16, pending Town Counsel review of the contract. Seconded by Selectman Titus, voted 5 -0. Clerk of the Board read the correspondence. A hearing was held on the application of Hathaway Patterson Company to install 8,000 gallons of underground storage for aliphatic mineral spirits. The Chairman opened the hearing, and a representative from the company discussed with the board the flammability and flesh point of the substance to be stored and the proposed fire alarm system to be installed at the Hathaway Patterson Company. There being no opposition, the Chairman de- clared the heating closed. Selectman Titus moved that the license be granted. Seconded by Selectman Colella, voted 5 -0. In the Clerk's folder, application for a one -day beer license for the Mans- field Firefighters' Service Fund for August 3 for their clambake. Motion to approve by Selectman Levine, seconded by Selectman Titus, voted 5 -0. Application for Leon Grant's Class II auto license for Creedon Street was discussed. After discussion by the Board members and neighbors, Select- man Colella moved that this be postponed for 2 weeks. No second to the motion. Selectman Belong discussed zoning enforcement and the building inspector as related to this license, then moved to grant the license. Seconded by Selectman Levine. Selectman Colella amended the motion to add a stipulation that a 6 -foot fence be erected between Lots 2A and 1A, and that no more than 2 cars be inside the building at one time. Select- man Levine seconded theamendment. Vote on the amendment: Selectmen Levine, Colella, and Caponigro in favor of the amendment, Selectman DeLong opposed, and Selectman Titus abstained from the Vote. Vote on the granting of the license, with amendment to place stipulations on license: 4 -1, with Select- man Titus opposed. Mr. Joseph Donavan met with the Board to discuss the historic sign being placed at the end of Franklin,;Street on the Foxboro tom line. He told the Board of his donation for the sign and landscaping, and asked for assistance in digging holes for the poles to set in. The Town Manager said that the Town DPW will help with this. -1- Board of Selectmen Minutes of the Meeting July 239 1975 ( Page 2 At 8:30 p.m. there was a hearing on the complaint against kennel owner Charles Duncan of 475 Were Street. After hearing testimony for and against the kennel license, the Board took this under advisement. (Separate tran- script will be prepared on the hearing.) Sewer connection applications were discussed, and the following were granted: Rewlew Trust (Woodland Park) - 2,000 gallons (original request 159000) Gene Ceccarelli (Peter's Park) - 1,500 gallons Cabot,- Cabot, !& Forbes - 2,000 gallons (original request 15,000 per year for 5 years) Eugene Muller East Street) - single family house John T. Fahey Fruit Street) - single family house* Thomas Hughes Fruit `Street `- single family house* C. Picciandra ISamoset Ave. - garage, sewer will have to be extended at applicant's expense *These two houses are to be hooked into Allen Willis' subdivision, and can be assessed for sewer betterment at a later date when and if town sewer line is run in front of the houses. Other applications for connection to town sewer that were taken under advise- ment: Kelton Potter (Fireside Realty Trust) for 6 lots on Branch Street and ( Mr. Finer's application for connection to a proposed rooming house (off- street parking to be checked out with Building Inspector). The Town Manager asked to meet with the Board later in executive session con- cerning land acquisition. From the manager of Jack's Cafe, North Main Street, request to modify their license to serve liquor on Sundays starting at 12 noon rather than 1 p.m. Selectman Colella moved that this be done. Seconded by Selectman Levine, voted all in favor. Upcoming events discussed: Bristol County Selectmen's Association Clambake, Operation Friendship on July 30 with Irish students as guests. Selectman Titus discussed extending town water to 5 houses on Fruit Street. There was discussion by the Board, and Selectman Titus moved to insert this as an article for the next special or annual town meeting . Seconded by Selectman Colella, voted 3 -2, with Selectmen Caponigro and DeLong opposed. Selectman Colella discussed having a report on monthly receipts from the Treasurer's Office. Selectman DeLong discussed having a flow projection for cash from the Light Department. The Board discussed having interviews with applicants for boards and commit- tees. Selectman DeLong moved to interview candidates. Seconded by Select- man Levine, with an amendment that the interviews be conducted in executive session. Motion defeated, with SeIn ctmen Titus, Colella, and Caponigro op- posed. -2- Board of Selectmen Minutes of the Meeting July 23, 1975 Page 3 Selectman DeLong discussed having either the Town Counsel or the Building Inspector, whoever was appropriate, or the Police or Fire Chief's advice On licenses or applications before they were brought up at the meetings. The Town Manager said that he will make a recommendation to the Board for policies for the licensing commission. The Chairman commented that any anonymous letter writers may call him for clarification on any questions they might have. Selectman Levine moved that the Board go into executive session, to dis- cuss land acquisition. Seconded by Selectman Colella, and so voted. Open session ended at 10:50 p.m. -3- Board of Selectmen Minutes of the Meeting July 23, 1975 Public Hearing (8:30 p.m.) Clerk of the Board Herbert Levine read the following notice which ap- peared in the Mansfield News on July 17, 1975: "The Board of Selectmen will hold a public hearing on July 23, 1975, at 8:30 p.m. to consider a petition of complaint concerning the pperation of a kennel owned by Charles Duncan at 475 Ware Street. Petitioners and the public axe hereby advised of the hearing, as notice is required by the Massachusetts General Laws, Chapter 140, Section 137 C." Mr. Levine also read the report of the Mansfield Dog Officer, Jocelyn Rosado (copy attached). Mr. Charles Duncan, 475 Ware Street, owner of the kennel, stated that his attorney would speak in his behalf. Mr. Bradford Johnson, attorney for Mr. Duncan, raised questions about the petition itself (copy of petition attached). He questioned whether there were 25 valid signatures - that minors had signed the petition. He also stated that the petition fails to state that, as called for under Chapter 140, Section 137 C, that the petitioners are "aggrieved or annoyed to un- reasonable extent ". Mr. Johnson continued that some of the signatures were from people living over a mile away from the kennel, and contended that the petition may not be valid, as there may not be 25 people who are personally aggrieved by this situation. He stated that the zoning bylaws are set up by open town meeting, and that the kennel is a permitted use in this zone. He said that if people wanted the zoning changed, then it should be done through town meeting. Mr. Duncan stated that he had lived at 475 Ware Street for four weeks and that he had done very little business - had only boarded two dogs, and has two of his own. He stated that there had always been someone in the house, and that he had not received any personal complaints. He stated that before the house was bought, he asked the previous owner to check with the neighbors about the kennel being located there. Mr. Duncan also stated that he had sent out letters invitin& the neighbors to view the kennel and only three showed up - two removed their names from the petition and the third one was in the audience. He stated that there was only one run outside the building, and that he had plans to soundproof the building. Selectman Levine inquired about he present condition of the facilities, and Mr. Duncan replied that he had five stalls for medium -sized dogs in- side the building and one run for ;exercising outside the building. He -1- Board of Selectmen Minutes of the Meeting July 23, 1975 Public Hearing Page 2 went on to say that he had some building materials - accoustical tiles for the ceiling and walls, but has stopped all work for improvements pending the outcome of the complaints. Selectman Levine asked if the dogs could see the traffic and other dogs to the front of the property, and Mr. Duncan stated that there was a screening of high brush and woods. Mr. John Gross, 140 Tremont Street, spoke on behalf of Mr. Duncan's kennel license. He stated that he has a kennel himself, and has viewed the Duncan kennel. He suggested that the Board members also view the kennel. Mr. Gross said that he does not see a problem. He also questioned the Dean and East Street signatures and suggested that anyone who signs the petition who is not personally aggrieved may be subject to charges of perjury if the case were taken to court. He also stated that he thought that there was more to this complaint than meets the eye. Ms. Callean Gross, 140 Tremont Street, also spoke for the kennel license. She stated that she felt that the zoning was okay and that this should be allowed. She commented that she felt this kennel should be given a chance. ( Mr. Andrew Sullivan, 708 Elm Street,stated that he also has a kennel, and is closer to neighbors than Mr. Duncan, and has not received complaints with 24 great danes. He said that he went over the plans for Mr. Duncan's kennel before they were set up with him. Chairman Caponigro asked if there technical questions on the hearing. An unidentified person asked Attorney Johnson how many of the names on the petition were those of minors. After discussion with the Duncans, Mr. Johnson stated that he was not 100% sure which naEB s were tbo se of minors, that there had not been time to check them. The Chairman commented that the petition had been accepted as valid, and that the hearing would continue. Raymond Goddard of 496 Ware Street stated that he had lived in the neigh- borhood for 15-21- years,and, even though it was zoned "agricultural" it had been a residential area. He commented about the license being for 1110 or more dogs ". He said that he had been awakened at 5 a.m. on the Fourth of July weekend, although the noise had diminished since then. He explained that the Dean Street resident who had signed t}x! petition was his father -in -law who visits his home. Selectman DeLong asked Mr. Goddard how long it had been since he was bothered by the noise. Mr. Goddard replied "not since then ". Selectman Levine asked Mr. Duncan if he had a record of the number of dogs boarded. Mr. Duncan said that he did, and read the log showing the number of dogs at the kennel. -2- Board of Selectmen Minutes of the Meeting July 23, 1975 Public Hearing Page 3 Mrs. Beatrice Thayer, 57 Charles Street, inquired whether the dogs were being tranquilized. There was discussion on possible tranquili- zation of dogs. Mr. Allen L. Willis, Jr., 495 Ware Street, discussed the noise from the kennel, the proximity of his subdivision to the kennel, zoning, and the lack of regulations for kennels in town. He also stated that the brush mentioned by Mr. Duncan which served as a screening for the run was his and he planned to cut it down. He also stated that he did not receive the letter sent inviting neighbors to visit the kennel. Chairman Caponigro stated that possible bylaw changes regarding kennels would be prepared for next year's annual town meeting. Mrs. Sally Krause, 804 Mare Street, explained that since both she and her husband had signed the petition, her signature may be invalid. She said that she had not gotten the letter inviting the neighbors to see the kennel until after the day mentioned in the letter. Mr. William Strom, 794 Ware Street, discussed the lack of notice to abuttors on licenses. He stated that he thought the procedure should be changed. An unidentified man spoke against the license, saying that it was for an unlimited number of dogs. Attorney Johnson read a note from Mrs. Elaine 'Parker, 441 Ware Street, who asked that her name be removed from the petition after inspecting the kennel. After further discussion, the Chairman closed the hearing and advised that the petition would be checked to make sure that the signatures were valid. NOTE; On July 24, 1975, Mrs. Maxwell in the Town Clerk's Office veri- fied that at least 25 of the signatures were those of registered voters. -3- l . tl.'ot TYxo ;s01e0t.n:aiti Of thy TOM Of "- nr3"1d t° we, U0 U0001TIBnod rooloontg Of yarn Want, A& to T`C gi ;VD1' nU i:' opposition - 40 'tr1iG° 43Ag kennel F,1 b;-'i, )`t( orJot`h'Vad. at wj5 Mu ;:i4r'?C O. We TC?Gl V }72:G the kEil- tili:.) !.i Cs ?1-, (3 6Si`i OIZ_C bo revoked immodiaboly an the kennel W a 90MO ;,,1, nr,), 1-f}Ei31 % V, (1 W pw cow s . ;77 Al—, 6-o .(�i. %// 2. �O / GC.�r� -P ✓' �'a o Gc.j A-Q(4-.�V- I.L,(:)t 'o , j,o(,'l�mz2;a ot, tbo "flow-ji ol, I VOKWAB of Yam [it root, wish to v, oopogition to tho dog Rowrol b WOU MAN), Annet, UO Vol that the Walml licann I lbould W rovowed Idmediatoly an the konnel Is a goDoral nuioancu. ,GUI AAWI�; A ---------- P)"" 2 1109 S-- 46- 414 Al 2 J To: The Selectman of the Town of Mansfield Wet the undersigned residents of Ware Street) wish to register our opposition to the dog kennel being operated at 475 Ware Street. We feel that the kennel license should be revoked immediately as the kennel is a general nuisance. CMG- NAME Q ADDRgSS ----------- 1Y A441hMA-49 4 A441hMA-49 f� To; The Selectmen Of the Toon of Ha.nsfield. "q e, i;he unde'r•s i_, ned residents of Mansaf ieid, Koh to register our opposition to the dog kennel being opperot:ed at 075 '..are Street we feel that the kennel license should be revoked immediately as the kennel is a general nuisance, NAME i 1 c G l ` eY1,0 10 �42���,c�wt -���. - aq � r fJCLC��f.71 -iCl J or ( �! 0 , s` h 4 �P( i f f w> f KID PAY TO: Selectman of the Tovm of Mansfield Vie, the undersigned residents of Ware Street, wish to register our opposition to the dog kennel being�perated at 475 Ware Street. We feel that the kennel license� hould be revoked immediately as the kennel Is a general nuisance. NAM12 4C J ADDRESS ----------- T, f/ 71'r 4�' AX zz"" ADDRESS ----------- T, REs Duncan 475 Ware St Mansfield, Mass Operation of dog kennel at above address] On investigating the above dog kennel I found it to be clean and in good order. The runs could be improved. On the occasions I visited the premises only three dogs were in the kennel so the barking was not objectionable. However, I can understand that a problem could exist with barking becaase for exercise the dogs are contained in a fenced in yard. I spoke with the neighbors that abut the above property and received the following comments: Mr. Ray Goddard e 496 Ware St. stated: "The dogs were barking and the kennel would run down the neighborhood," Mrs. Le Wave ® 485 Ware Bt, states: "The dogs were barkings and when a neighbor, Mr. Hodder went to complain to the Duncans about the barking at 5tAM there was no one home," Mrs. Gormley ® 486 Ware St had the same remarks as above. I was not able to contact the Briggs or Hodders, -/,A'ooelyif Rosado ®� Dog Officer Town of Mansfield