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HomeMy WebLinkAboutBOS MINUTES 2-2-1972February 2, 1972 Meeting called at 7:40 P.M. All members present and the Acting Town Manager, Upon a motion by Selectman Main, seconded by Selectman Titus it was voted to approve the Treasurer,'s Warrant', in the amount of $155,862,57. Upon a motion by Selectman Titus, seconded by Selectman Secher it was Noted to accept the minutes of the previous meeting. Notice received from the Department of Corporations and Taxation advising that the free cash as of January 1, 1972 for the tom is $226,825, Notice received from the Department of Public Health Department advising that the results of the bacterial examination of regular samples of the town's water supply submitted during 1971 show the town's supply met require- ments as to bacterial quality. Copy,:of letter to Lyman C. Avery; Superintendent from the Departmentlof.:Public Health ,read regarding the subsurface sewage disposal for the addition to the Robinson Elementary School which approves the sewage disposal system for the subject school addition since it will consist to an existing public sewer. Copy of letter to the Department of Natural Resources from John C. Collins Director of the Division of Environmental Health read advising that the Dept. has had one of its engineers consider the site regarding the Patrick Walsh Hatch Act requests, The subject site and a review of the proposed filling and drainage alterations revealed that the subject project will not adversely affect the public water supply. No construction of any kind should be allowed unless the requirements of Article XI of the State Sanitary Code can be strict. ly complied with. Letter received from the Department of Public Works advising that the Commiss- ion at their meeting voted to approve, as of December 13, 1971 the work done under Chapter 90 Maintenance, Contract No. 26255, the work called for in the contract has been completed. Notice received from the Department of Natural Resources regarding the 1971 Amendmdnf' to the General Laws, Chapter 131, section 40 - The Hatch Act, Chapter 1020 of the Acts of 1971, copy enclosed with notice, amended the Hatch Act to provide that in cities and towns of the Commonwealth which have a Conservation Commission, the local public hearing required by law shall be held by the Conservation Commission and not the Selectmen, acting as the Board of Health, as in the past. The letter advised that the Selectmen hav- ing Conservation Commissions meet with representatives of the Commission and discuss procedures relative to the administration of thee: l:aw. Selectman Main recommended that a letter be sent to the Commission offerring the ser- vices of the Town Counsel if they have any need of his assistance. 2 ( Copy of letter written to Commissioner Bruce Campbell from ". Curtis Dahl.; Chairman of the Norton Board of Selectmen was read advising:that the Norton Board wishes to go on record in opposition to the building of the planned new section of Route 140 in Norton, south of Route I -25, Letter requested that either Route 140 be <:combined with Route I -25 and by -pass Norton center en- tirely or that Route 149 be left as &t; present. The Nortonts Board was con- cerned with the increase of traffic through the Norton Common area, and the destruction of the Great Woods. Letter read from the Chairman of the Norton Board of Selectmen regarding its concern over the possible flooding of the Wading River caused by the develop- ment of the Cabot, Cabot and Forbes Industrial Park. A request was made that steps be taken to insure that safeguards will be employed so that flood- ing will not occur. Several businesses and homes as well as a gold course could be endangered by flooding. The letter also requested that a phased development , with permits being issued a phase at a time so that observations! can be made of increases in flow prior to initiation of additional work be made. The Norton Board to be advised in the review of each phase of develop- ment in order to ascertain the effects of this development on the Wading River in Norton. Letter received from Robert Button, Chairman of the Conserution Commission regarding the oil spillage from a drain pipe at the former Mansfield Bleachery into the Rumford River. The letter advised that he had contacted Robert Button, Civil Defense Director and asked for assistance in endeavoring to re- move the oil, and he advised that he would have five or six men available on Saturday morning, Jan. 29, for the job and volunteered to work himself. In checking at the site of the old Bleachery it was found that the bags put in the pipe had floated clew of the drain pipe. An attempt was made to clean the heavy oil floating to the Dane Street bridge. Three boat loads of the sludge was ,removed in approximately six hours time, but the men were not equip- ped to handle a jolt of this iNagtiitude, Selectmen Secher and Titus,and Brian Jeans from the Department of Natural Resources were at the site, and Mr, Jeans removed samples of oil and water from the River. Another letter from Mr. Jones advised that Mr. Jeans came to town and advised that Mr. Neipris of Blane Chemical Company had contacted the East Coast Ser- vices, from Boston, regarding the removal of the oil Representatives from the East Coast Services and Mr, Jeans determined t hat if a boom is installed at Dane and Spring Street bridge that the oil deposits could be stopped at this point, and oil be periodically skimmed from in front of this boom. The staff at Blane Chemical would maintain the boom, Mr, Jones felt that ; -Mr. Neipris has done all that can be expected of him at this time regarding this problem. Board members commended Robert Jones and Robert Button and crew for their work done in trying to clean up the oil, did a fantastic job in ex- tremely cold weather. Two copies of letters from the Town Counsel to the Planning Board read regard- ing inquiries regarding Section III -D -7 of the Zoning By -Law and concerning a Zoning Article, and Subdivisions. 3 ( Letters received from Edward Richards recommending that the 1938 Traffic Rules of the town be revised and modernized, and a report regarding the one remaining pump at the 106 underpass, Air. Richards advised that he and Bill Maxwell were able to make emergency repairs, and since it is a system designed for two pumps, the one remaining pump is being overworked, and needs maintenance immediately. Wished permission granted to spend the sum of $500. for emergency repairs to the one pump. He felt that Representative Ames should be briefed regarding; this ,,,matter, and the Selectmen should take the position that this is a State problem created by them, and should be corrected by them. The Chairman advised that Representative Ames has a bill in the Legislature regarding the underpasses, and the Board has written to Mr. Cronin, DPW re- garding the matter. Speed letter read from Mr. Richards regarding the leak which occurred in the chlorine room at the sewer plant. There was 700 pounds of chlorine lost, and this was due to the contractor who supplied the connection, and he has agreed to give the town credit for the chlorine lost. Letter received from the Charter Commission requesting the assistance of the Board to ensure that the cooperation of all Boards, Committees, Commissions, Department heads and employees in the Commission's efforts to evaluate the present charter and draft suitable changes. . Letter received from Paul F. Split, Recreation Director requesting the ser- vices of the town Engineer for the purpose of staking out Memorial Park and the Ryan land in West Mansfield. Application received through the office of White and Kelly for permission for Omer C. Lajoie to collect sanitary sewerage in the town for disposal at the sewer plant. Application referred to the Town Counsel. Letter received from Mrs. Paul George, Secretary of the Citizens Committee to Restore the Reservoir which is a newly formed committee to restore the Reservoir. The committee's primary concern is to resolve the pollution pro- blem of the reservoir; to maintain an acceptable water level and to expand recreational - possibilities for both the towns of Norton and Mansfield. An invitation was received for a town representative to attend a committee meeting to be held Wednesday, February 16, 1972 at 7:30 P.M, at the Norton High School. Upon a motion by Selectman Main, seconded by Selectman Colella it was voted to approve the application of Robert T. Chandler, 1192 West Street for a Class II Garage licenser for Oakland Street site, Upon a motion by Selectman Titus, seconded by Selectman Main it was voted to appoint William Haley, 949 West Street a member of the Civil Defense, - 4 - Upon a motion by Selectman Titus, seconded by Selectman Main it was voted to grant a renewal Sunday license to the Mansfield House, Inc. for -,:radio, TV, juke box and pool table. The Board approved Speed Control Regulations for Franklin, Oakland, Balcom, School and Elm Streets, Mrs. Jellinek read a prepared statement regarding the application of Peter Fontanini for a Permit, Exception and or Variance under the Zoning By -Laws And �@arbBg by the Board of Appeals for permission to divide a parcel of land located on Tremont Street into two separate lots, said lots would have non- conforming areas in an Agricultural Zone. She produced a copy of a deed to the propertyy and questioned a survey which shows the parcel to be more than 42,000 square feet. She advised also that Mr. Eames mentioned that Mr. Fontanini had tried to buy more land, but was not able to do so. The 17,000 square feet is all he is assessed for on Tremont Street. She objected to the following facts: Mr. Harry S. Cook, prevented her from bringing evidence at the public hearing pertaining to the matter at hand.; Mr. Grant issuing after the fact, a building permit and without :b6kgg: sure that the lot size is in accordance with the Zoning By -Law, and the land owned by Mr. Fontanini, and Mr. Maloon's plan of land is not drawn according to the deed for the land. Selectman Secher spoke regarding a complaint by Kathleen Bennett regarding a water problem at her property since the installation of a gas line. She suggested that there is a pile of dirt there since the installation of the main which could be leveled off to see if this would ease the situation. Ed Richards to check regarding this and report back to the Board. Upon a motion by Selectman Main, seconded by Selectman Titus it was voted to appoint Selectman Secher a member of the Bi- Centennial Committee, Selectman Colella brought up about the J. Dillon property and advised that Mr. Dillon would like to have an answer as to what the town plans to do regarding his property. Selectman Titus advised that the town should get the exact square footage, get a copy of his deed. Decision by next week. Robert Button, Civil Defense Director before the Board to request permission to put up a table out in front at the Town Meeting with booklets to pass out, < and pictures to pass out. Requested permission to insert hurrican advice books in the town reports like last year, the C,D, personnel would do this. Per= mission was granted for the requests. Mr. Button also advised that he would like to involve the youth of the town in Civil Defense by forming an Explorer Post in town.for boys between 14 and 19. Civil Defense would act as an advisory group, would have seven members to serve on the committee. There would be no financial obligation on the town 's part, Would have to find a meeting place, and would meet once a week, The Federal Government would pay for the courses offered . Upon a motion by Selectman Main, seconded by Selectman Colella it was voted to grant permission to Mr, Button to go ahead and create an Exploratory Group, f Mr, Wise was present to discuss some of the work that has been done at the Chocolate Factory to improve the BOA content,..etc. The Clerk read a /letter copy of a - 5 - sent to the Supervisor Sanitary Engineer of the Division of Water Pollution Control, Water Resourues COmmissi(n advising him on the wastewater situation at the Chocolate Company, A copy of the Metcalf & Eddy test results and their letter to us outlining their summation of these tests and their con- clusions which show that we are below the 1,600 BOD limitation, and excluding infiltration) below the 1;6¢0 BOD.. imitation;dgd.belpw the 100,000 gallons per day flow.was enclosed. Mr. Wise explained what was being done, and advised that the odor problems should be solved by March, that he had met with the Engineering Department re the design. Could not tell just when the system would beAnstalled. Board members commended Mr. Wise and the Company for the things that had been done to correct the problems, have gone to a lot of expense to try to correct the problem. There is a dual problem which effects both the Chocolate Company and the town and you are making every effort to resolve the problems, Leon Dean advised the Board that a year ago he tried to resign as the Select- men's representative to SRPEDD. He has served the town for one -half century in various capacities. He intends to retire, and a younger person should take over this responsibility. He thought a member of the Board should be the town's representative on SRPEDD, the knowledge obtained is worth the effort. Suggested that the Board change its meeting night one night a month so that the Board's representative could go to the meetings. His term runs out in two or three months, and he would be willing to help anyone who is appointed to replace him. Hoped that within the next few weeks that the Board will de- cide on one of its members. Leon Dean also advised that it had come to his attention several times over the past few months, and from quite a number of citizens that a lack of con- fidence has been growing in regard to some town functions, and to some town officials and committee members. He suggested that for the good of the town, it may be very much worth while for the Board to look into this matter soon. Chairman Caponigro advised that the Board accepted Mr. Dean's retirement with regret, and that his recommendation for a member of the Board to attend the meeting will be considered, and will give him an answer next week. Mr. Dean was commended for all the work that he has done. Selectman Titus questioned whether or not there could be some way of testing the ice for skating, and suggested a daily report as to the thickness be re- ported each day during the season. Upon a motion by Selectman Main, seconded by Selectman Titus it was voted to grant permission for the Bonanza Bus Lines to use I -95 to the Foxfield Plaza, with no stops to be made in town. If the company decides at a later date to make pickups they should come back to the Board, Chairman Caponigro advised that on behalf of the Town Hall Building Committee he announced regarding the public hearing at 8400 P.M, on Thursday, Feb.3., at the High School Auditorium to explain the site and plans for the new Town Hall, 2/2/72 6 The Chairman proposed that in the future that applications for building per- mits have the lot and map numbers on the application. If they are not avail- able at the Assessors' office they can be procured from the Planning Board. Letter read from Town Counsel regarding the agreement reached with the Police Association on January 26, 1972, The present collective bargaining agreement shall continue in effect for 1972 except there will be increases for uniforms, cleaning allowances and accumulative sick leave increased from 90 to 105 days, Letter also listed the wages for Patrolmen and Sergeants from a nine months period to the maximum in four steps, The Town Counsel also advised that the Electric Light Department had agreed to accept the two year contract with a 5.5% increase this year, and 5.5% next year with 105 days accumulative sick leave, Recommendations received from the Planning Board regarding the Hatch Act for Cabot, Cabot and Forbes. Board to take under advisement for another week. Attorney Kelly, Peter Fontanini, Joseph Chalifoux and son, and Leon Grant, Building Inspector met with the Board. Attorney Kelly requested an executive session, if possible. After discussion, upon a motion by Selectman Main, seconded by Selectman Collela it was voted to go into executive for a pre- liminary meeting. 4-1 a Chairman opposed, The discussion concerned the property of Peter Fontanini on Benefit Street regarding whether or not a building per- mit had ever,;been issued for this building. All parties concerned stated facts regarding the building permit, when filed, etc. A decision to be made regard- ing this matter by next week, The Board went into open session to discuss the property of Mr. Fontanini on Tremont Street, Attorney Kelly advised that he understood that the owner has 2£30' frontage on this property, He was contemplating building a single dwell- ing. At a later date had a plan drawn by RIM Engineering to see if the lots= were conforming to the zone. Had to get foundation for other house in before the ground froze. Mr. Fontanini did not think that a building permit was nec- essary for a foundation, needed if you put up a structure. Question arose whether or not you need a building permit to lay a foundation. Mr. Fontanini on the first of December went to Bob Eames re9rding land ad- jacent to his property, but he was not anxious to sell it. He recommended going to the Board of Appeals for a variance. Had two choices, a variance or buy a piece of land, and then he would have two regular sized lots. Mr. Fontanini advised he was either misinformed about pouring the foundation, or he had made a mistake. After much discussion, the Board took the matter under advisement. Meeting adjourned at 11155 P.M,