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HomeMy WebLinkAboutBOS MINUTES 2-9-1972February 9, 1972 Meeting called at 7;40 P.M. All members present, and the Aoting 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 $46,184.23 with a check to be made regarding Vouchers #238, #296 and #297. The Board agreed that a Memo would be sent to all departments advising that before any more office machinery is purchased, the Department should check with the Town Manager. Upon a motion by Selectman Main, seconded by Selectman Titus it was voted to approve the minutes of the previous meeting. All in favor. Letter received from John Healey, Executive Secretary for the Citizens' Com- mittee to Restore the Reservoir advising that Mrs. George, Dr. Fricher and he would like to thank the Board for the time given to guide the group through the Sewage Disposal Plant. The Committee intends to suggest at least three courses of action to the full committee membership on the sixteenth of Feb. First, Attempt to secure a written agreement between the town of Norton and Diighton Industries, insuring maintenance of the water level throughout the year. Second, the officers propose to have all homes on the Reservoir tested to i identify faulty sanitary systems and correct them. Third, Dr. Kricher will conduct tests to determine the quality of the water in Back Bay Brook and the Reservoir to determine the feasibility of aeration or the need for dredging of the Back Bay Brook. The town of Norton would like to invite members of the Mansfield Environmental to assist and /or observe the tests. Permission was requested from the Board to test the effluent from the sewer plant as it enters Back Bay Brook, and at various sites along the Brook. This will require equipment and some cost, and it was suggested considering this as a possible article in the Warrant Selectman .Titus advised that Board members toured both the sewer treatment plant and Back Bay Brook and Norton Avenue down to the Reservoir. Explained the sewer system as it works today, and explained :.about the tests done by the State. We found out it is quite possib 1'e: we are not polluting Back Back Brook. There is a small lagoon just before it enters into the Reservoir and the end of Back Bay Brook. This area may be the area of pollution, Sewer waste has been stored up in this lagoon. Committee suggested that they contact Camp,' Dresser & McKee and have them show them what we are planning to do at the plant. The Chairman advised that he did not think anyone else should contact our Engineers, and if any tests are to be made would like it to come from the State. It was agreed that before a letter is written regarding thesearequests that a meeting would be in order. Letter received from Douglas A. King Builders :regarding the installation of water on Ware Street, advising that hi:had. applied some time ago, and was .- promised water but the Superintendent would not open the street, Check to be made to see if there is a hardship. Community Health Agency letter received regarding some questionsraised as to what services the Agency provides for the town. Mrs. Brown, the Executive Director advised that she and Mrs. Roots would be willing to attend a meeting - 2 - to discuss the Agencyts services. Mrs. Brown to be advised the Board would like to have her come and advise regarding the services rendered by the Agency. Letter received from SRPEDD regarding the Solid Waste Contracts and the status. All documents, contracts, and agreements concerning solid waste are in rough draft form, and not suitable to be keleased from their office. However, a letter will be received with a copy of the work program and pertinent tables and graphs that will answer most of the questions the town might have. Copy of letter read sent to Harry S. Cook, Chairman of the Board of Appeals from Orlando F. DeAbreu, Attorney representing Mrs. Margot Jellinek. The letter alleged various violations with regard to the hearing held by the Board of Appeals on the application of Peter Fontanini::. for a variance regarding property owned on Tremont Street. Because of the violations, Attorney De- Abreu requested that this hearing be reopene'dwith proper notice so as to allow Mrs. Jellinek and other interested parties to present evidence on this matter Copy of letter read from Representative John Ames III to J.T. Cronin, District Engineer, DPW regarding copy of a letter from the Board expressing- concern about the status of the underpasses which recently underwent considerable re- pair work. Letter requested a current status report by the Department re- garding the problem. Selectman Titus advised that he had discussed the problem of the underpasses with Representative John Ames:.III and the House Bill which he has filed for the State to take over the maintenance and repair of the underpasses, suggest- ed a portfolio be compiled regarding the accidents at the site, monies expend- ed, pictures taken, etc, to be passed in when this Bill comes up before the Senate. Acting Town Manager Cutillo advised that Ed Richards and an Engineer had check- ed the underpass, and there is ddtdrioration, about 61 of concrete is about gone, Ed Richards willing to take pictures of the site. Robert Button before the Board with letter stating the requirements that must be met before a town can participate in the various Federal Government Surplus and Excess Property Programs, advising that the townts Civil Defense meets all of the requirements necessary. Letter read from the Town Counsel advising that according to Chapter 4, Section 2 of the Rules and Regulations of the Board of Health that a permit must be obtained from the Board of Health to transport offensive substances along the public highways of the town, The Board of Health must inspect and approve the equipment used in regard to cesspool or septic tank cleaning, and if the disposal is in excess of 2,000 gallons per day, approval in writing must be obtained from the State Department of Public Health, Board agreed to send copy of letter of Mr. Lajois to State and Camp, Dresser and McKee, Letter received from the Maple Park Recreation Area, Inc. regarding requests for town assistance to further the project, and advised that the swimming pool will not be opened until the summer of 1973 to observe the conditions of the water during 1972 to see if there are any problems. The Recreation area and park will be opened to the general public for hiking, camping and picknicking, - 3 - The Board to meet with representatives from the Maple Park Recreation Area Inc, on February 23, time to be arranged. Hearing held on the application of Frances Porter, d /b /a South Main Street Variety Store for a beer and wine package store license.. Mrs. Porter gave the Chairman the registered mail receipts notifying the abuttors, and R. Tartaglia spoke in favor of the:application. A letter was read from C. David Kaye, nephew of Aurilla Shepard:tb whom the notice was sent, and now deceased, advising in favor of a package store, but not to be,: drunk on the premises. There was no opposition recorded, and upon a motion by Selectman Main, second- ed by Selectman Titus it was voted to grant the license to Frances Porter. All in favor, and the Chairman closed the hearing. Representatives from Storch Engineering Company at the meeting regarding traffic; and water engineering. Mr. Rossi advised the company has the staff and services to offer in either of these fields. Chairman advised that there is an article in the Town Warrant to get some money to conduct a water study of the town, and requested that they send a letter regarding the firm's back- ground, etc. Selectman Main advised that every pfojeet of magnitude would' have, to: go but for. bid.,_ Letter of complaint received regarding a health problem on Fruit and Ware Sts. Persons to whom the complaint referred to were present and advised the Chairman that they were trying to help solve the problem, and it would be corrected as soon as the weather permits. Letters read from the Town Counsel advising about Foundations and Building Permits. John Gross before the Board regarding properties of Peter Fontanini on Benefit and Tremont Streets. He questioned regarding Tremont Street, advising that he saw nothing in the paper about extending the deadline for +:tearing down the foundation until tonight, It is ruled a structure now, Questioned whether the Board had done anything about it, Building Inspector supposed to take action by February 4, no notification that an extension was granted, this date was in letter sent to Mr. Fontanini giving Mr. Fontanini ten days. Quest- ioned whether or not Building Inspector has taken any action to take him to Court. Granted one building permit for one building, issued an order and he is not doing anything about it. Mr. Gross advised that according to Section 11 of the Building Code the Build- ing Inspector shall not give a permit for a building, etc. until he has ex- amined: the plans, etc. He had checked with the Bldg. Inspector and was ad- vised permit was applied:: for on 1/21/72 and the permit was issued on 1/21/72 for the house and foundation. Foundation does not belong there, Mr. Gross advised regarding Benefit Street property, built by Mr, Fontanini, Showed pictures to the Board, and as far as he has been able to find out, there never was a building permit issued for this house. Talked to Wire Inspector and Plumbing Inspector last week, and they had inspected the work as required by them, but they did not sign a building permit as required to do. They inspected the work and issued permits, but did not see any building per- mit. They assumed there was a permit, but there was not. Both inspectors have made an error. 4 Mr. Gross then turned to the Building Code advising the house is of wood con- struction, have the requirements been met, and discussed how it was inspected with regard to what size the sills are; 21 have Sections 48 -62 of the Bldg. CQ.de been met. Sec. 63 requires wind bracing, and Sec. 64 is regarding doors and windows with regard to proper studs, etc. Bldg. Code points out what size nails are to be used. The garage is under the house. Sec. 105 and 106 deal with fire resisting material, has this been fire proofed and approved. Secs. 107, 108, and 109 deal with chimneys; Secs. 110 and 111 deal with fire- place, is this properly installed. Sec. 116 regarding insulated material installed before fire stopping has been approved. If fire stop is installed, can it be checked. He was advised if the cellar is not finished it could be checked. Sec. 131 regarding building being insulated, lathed,::plastered, etc. Inspector shall inspect the same. In Mr. Gross'sopinion the solution to this problem would bet 1, have house made ready for inspection at the expense of Mr. Fontanini; 2. If he refuses these orders all court costs to be borne( by him; 3, if the Building Inspector can not fulfill his Obligation perhaps he needs an assistant or a replacement. If he can't do the job he should be replaced. The Chairman advised that he had received a copy of a building permit for the Benefit Street house from Attorney Kelly, and advised this can answer some of Mr. Gross'gquestions. Advised that Mr. Gross had heard the Town Counsel's letter and before he would comment on the matter any more think the Boards should sit dorm with the Town Counsel and go over his letter. Take matter under advisement. Selectman Main thought Attorney Kelly and Mr. Fontaniri and Bldg. Inspector were coming back tonight, and the Chairman advised that he had talked with Attorney Kelly and he told me he had the building permit, and the issuance of the permit and letter from the Town Counsel thought we would have another meeting after receiving the Town Counsel's letter to study. Selectman Main advised that a stop order was given him on Tremont Street regarding the fodnda- tion and thought this Board should take him::to court. After further discussion it was agreed to call Attorney Kelly, Mr. Fontanini and the Building Inspector to come to the meeting. Unable to reach the Bldg. Inspector, and Attorney Kelly came- to the meeting to represent Mr. Fontanini, The Chairman presented a copy of a building permit, and advised that the Board has a letter from the Town Counsel regarding the foundation on Tremont Street. Discussion regarding the order issued by the Building Inspector to cease work and correct violations within ten days, or further action would be taken by February 4, 1972. Issued one permit 1/21/72 and Mr. Fontanini has gone to the Board of Appeals for a variance for the second foundation. Mr. Gross questioned whether any further action has been taken by the Board. Attorney Kelly had submitted two copies of deeds for the land which he had obtained at the Registry of Deeds. One deed was from - Campbells who sold to Peter Fontanini, Sr. and wife in 1953, with a sketch of the lot. In 1960 the small parcel was owned by James Espar and purchased by Peter Fontanini, Sr. in 1960. They own the whole area inside of the stonewall area. There was a question whether or not Mr. Fontanini did own the property. There is more than adequate frontage, the whole area is less than called for by the Zoning - 5 - By -Law. Should consider whether or not it is detrimental to the neighbor- hood, as it is all woods in the back of the lot. :Still considered to be one lot, and if treated as one lot there are 12 acres in excess of the area needed. Selectman Main advised that it is one lot with two structures on one house lot, and it is illegal. Stop order issued by Building Inspector to remove structure by February 4, 1972. Mr. Fontanini was given extension to either buy adjacent property, or to tear down the foundation. Mr. Gross advised that there never was a permit issued for that house to be built. Mr. Fontanini is in violation of at least 25 -55 sections of the Building Code, Mr. Gross also mentioned conflict of interest regarding the Tremont Street pro- perty. The Building Inspector should be made to account for his actions. If Mr. Fontanini submitted application that was not in order, it should be returned within 30 days. Selectman Main questioned whether or not any decision had been made regarding buying the land and Attorney Kelly advised there was nothing firm, there was a problem there. A certain amount of land to be purchased. Selectman Titus advised there was obviously a misunderstanding on both sides. Communication gap on both sides. Problem on Tremont Street is that there is a foundation with no permit. The Building Inspector did not tell Mr. Fontanini that he could not put in the foundation. After further discussion, Selectman Main moved that the Board instruct the Town Counsel to start legal proceedings against Mr. Fontanini regarding the second foundation on Tremont Street which is in violation of the Zoning By-Law which was seconded by Selectman Secher, and so voted. Letter received from Paul Split, Recreation Director regarding the establishment of a Recreation Photo ID System. After the initial cost of $40.00 for printing, each card will cost 50�1. The charge for a registration fee will be $1.00 for each card to cover the cost. The card will have a picture of the participant, name, address, phone number, date of birth and an emergency phone number. Upon a motion by Selectman Colella, seconded by Selectman Titus it was voted to approve the plan. Application received for a Class II Garage license from Robert Barrows, d/b /a Barrows Motor Sales at 1 Samoset Avenue - Mansfield Milling Co, office m area in rear pf the building would be used for parking vehicles - not over three at one time. The Board took the matter under advisement to check regarding the zoning. The Town Counsel questioned regarding the beer and wine license for Frances Porter and advised there was a question regarding zoning - Residence B and retail sales should be in a Business B zone. Chairman advised the Board would have to reconsider the vote previously taken granting the license. Would have to have a variance to sell wine and beer. To get in touch with applicant and advise that it is necessary to get a variance to to conduct a liquor store. Upon a motion by Selectman Titus, seconded by Select- man Secher it was voted to reconsider the license granted to Frances Porter for a license to sell beer and winea and deny the permission granted until Mrs. Porter - 6- conforms with the variance granted by the Board of Appeals, The Board agreed to have the Town Planner check the zoning in the area re- garding the request by Robert Barrows, for a Class II License, and defer action' until next week. Petitions received from the New England Telephone and Telegraph Company for per- mission to lay and maintain underground conduits and manholes, etc, on Church Street, North Main Street, West Church Street, Chauncy Street and Central St, The Board set a hearing date of February 23, 1972 at 8:30 P.M. Selectman Titus advised that there should be a yellow blinking light at the corner of Franklin and East Street because of the heavy traffic dhring the day. After discussion, upon a motion by Selectman Titus, seconded by Selectman Colella it was voted to request the Department of Public Utilities to set up a traffic study at the corner of East and Franklin Streets, Selectman Main advised that he had found out that one of the corporate officers in the Company of the low bidder was .a ,principal iin? the 1Compahy. that did: the renovation of the Police Station, This firm went into bankruptcy, and the town is now in litigation with some of the sub - contractors, Letter to be written to Camp, Dresser and McKee advising them to check this out, The Board agreed that a plaque: should be given to Leon W. Dean in commendation for his 50 years' services to the Town. Selectman Colella brought up about the Dillon property on Court Street with re- gard to the problem of the water backing into his driveway, and the checking of the stakes on his property to see if the town did go on his land when work was done on the railroad property. The Board discussed Church Street regarding the one -way signs - one-way westerly up Church Street from Chilson Avenue, and sign at the,North P-tain Street end of ; Church.Street and one on Bristol Street. Discussion regarding the articles in the Warrant by the Town Hall Building Com- mittee so that if the town chooses to build the Town Hall at the proposed site. Hearing necessary to close Union Street, to be held seven days before the Town Meeting. The Board set the date of Wednesday, February 16 at 8:45 P.M, for this hearing. Sub division plans submitted by Gale Realty and Douglas King, Board to notify that they did not comply with the information required in the subdivision Rules and Regulations, specifically 2 and 4 are missing. Upon a motion by.,.-Selectman Titus, seconded by Selectman Colella it was voted to go into executive session, The Board met in executive session with Paul Dalton, Chris Clancy, Mike Murphy, and Attorney Ernest White regarding the CC &F Hatch Act recommendations. The Planning Board wanted an extension of time to get their own experts to evaluate the situation. Selectmen may recommend such measures as may protect the public interest, 'Discussed the Board making its recommendations to the Department of 7 Natural Resources so that CC &F can start on its drainage system, The Selectmen will hold a special workshop meeting Tuesday night, February 15, 1972 at 8 :00 P.M. Upon a motion by Selectman Main, seconded by:Selectman Titus the Board voted to authorize a charge of a $1,00 fee assessment on water lien notices, So voted Upon a motion by Selectman Main, seconded bySelectman Titus it was voted to authorize the Chairman to sign the petition to the Department of Public Works regarding contructing a drainage channel and culvert flowing into Hodges Brook the land is owned by the Mansfield Trust, and the upland shore is owned by the Mansfield Trust and Town of Mansfield. The meeting adjovrned at 11:45 P.M.