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HomeMy WebLinkAboutBOS MINUTES 4-12-1972April 12, 1972 Meeting called at 7 :30 P.M. All members present, and the Acting Town Manager. The Chairman read the amount of the Warrant in the amount of $318,949.44. After discussion of various vouchers, upon a motion by Selectman Main, seconded by Selectman Titus it was voted to approve the Warrant with the exception of voucher #1038 for the Light Department. All in favor. Upon a motion by Selectman Main, seconded by Selectman Secher it was voted to accept the minutes as distributed. So voted. Leonard F. Flynn at the meeting to review his proposed regulations for unsewered areas in town. An informal hearing was held by the Board regard- ing the proposed regulations. Mr. Flynn advised that the Environmental Health Committee had received complaints about recently built homes, 37 homes, whose houses were built within the last five years, and the septic tank systems have failed. "George,f schromm and Allan Willis questioned various sections of the proposal regarding fees, percolation,; tests, plans with applications, etc. Both builders advised the proposed regulations would create a hardship for the builders in many instances. Chad Maurer, Town Planner advised that the Planning Board had reviewed the proposed regulations and offered four amendments suggested by the Planning Board regarding times. for percolation tests to be run, allowance for garbage disposals, size of tanks for 2, 3r .and 4 and 5 bedroom homes, and section regarding tank additives advising this should be eliminated from the pro- posal. Discussion to be continued after 9 :00 P,M, the original time of the hearing on the regulations. A hearing was held at 8 :30 P,M. on the application of Joseph Murphy for a wine and malt liquor beverage license at..: Fernandes. 'MakkQt., Inc. ;Copeland<.' Drive. Mr. Murphy advised that he had sent out eleven registered notices regarding the hearing, and had received eight back. He spoke about opening the market today in town land found that there was an opportunity to obtain a license, which would be advantageous for the market as well as the people who wished to obtain the products while shopping, and some of them do not want to go to a package store. He advised that he was a stockholder in the business. Selectman Main questioned whether or not notices had been sent to the abuttors to the abuttors, and Mr. Murphy advised that he had been told to send to the abuttors which he did. Letter read which was received from Philip R. DiMonte, owner of R. DiMonte, Inc, opposing the application of Joseph M. Murphey, d /b /a Fernandes Super Markets, Inc, for a license to sell wine and malt beverages not to be drunk on the premises. The granting of this license would create a hardship to the present license holders in town ,who have been in town a great many years. If the license is granted present license holders will not be able to make a living. Letter requested that the Board will take this a letter into consideration when making a decision regarding granting the license, Helen Merrigan, a taxpayer in town, but living in Foxboro spoke in opposition to the license stating that it breeds unhealthy environment for children to grow up in; breaks down the health of the people; will open up the town to crime and debris, and will not help the townspeople as a community. It would be,.B- bad thing(- to,, grant .tbis.:license in a residential area,'- - Anthony Melchiorri spoke in opposition to the license and questioned Mr. Murphy regarding whose name the license would be granted$ Fernandes Super Mkt„ Inc, or Mr, Murphy, He was advised by Mr, Murphy that it would be under his name as a stockholder in Fernandes, he would be in the store several times a week, and it would be under the management of the Store Managers it would be operat- ing a business within a business. Advised this is the only license he has in this organization. Would release license if he left the organization, Mr, Melchiorri concurred with Mr. DiMonti and Mrs, Merrigan, Fail to see a license being given in this instance, Felt that this license is not necessary, being granted in a roundabout way to put this in a sotre because the coopera- tion has a limited number of licenses, and then put it in individual names. Not fair to othersrin the community, Herbert Levine questioned the legality of this hearing. Resident at 46 Henry Street questioned regarding the license in Mr, Murphy's name and wanted to know if he would be able to pull the license from Fernandes and set it up at some other location, Lincoln Holske advised that he was a resident and taxpayer. ThL,�Town has °voted f6r- the'.sale;of liquor, and the State has voted for it. Wheh you think in terms of this license certain people in business are asking that you not give them any competition. In all fairness to Fernandes, you are going contrary if you deny this license on the basis that we now have enough. All for com- petition. Joseph Murphy advised that he was instradtelabout applying for the license. Told at town offices that he had to notify abuttors, found out who the abuttors were „ notified people he thought were abuttors, Thought he had applied for the license in the proper manner, not aware that he had to notify abuttors to abuttors, Will have to apply again for license. Hearing closed at 9:00 P.M. The Board received five copies of the Agreement with the Community Health Agency, Inc, and the town to be signed. A copy of their Auditorts Report for the year 1971 was also enclosed for the Board's information, Sandy Will and his attorney, Brnest L, White before Board, The Chairman ad- vised that the purpose of this meeting is in regard to numerous complaints that have been received from people in the neighborhood in regard to the i, operation of the gravel pit, Instructed Building Inspector to investigate) and to bring back a report to the Board. This meeting is to see if some of the complaints can be resolved. Trucks are leaving at less than 6 minute intervals; the condition of the ban1s; °trucks starting before 7:00 A,i0,' 3 ,_.and :.not closing operations at 4:00 P,.M, and the condition of the roads are the main complaints. Would like to get some kind of an understanding. Mr, Will advised there might be a few trucks that leave in less than 6 minutes. Leave Milton between 6:30 and 6:45 A.M. so would not start much before 7 :00 A.M. here. Could be pickup trucks just going to work. Had some major breakdowns and worked with welding machine which does not make any more noise than a lawn mower: and did work after 4 :00 P.M, at these times. Patched part of the road and will grade it off and penetrate and seal it, and will patch the other section: of the road toward Norton on the right hand shoulders.- Will oil this area, but it is too cold to do this work now. Chairman asked if Mr, Will would guarantee that the trucks will leave at the appointed time at night; drivers to wait 6 minuteeintervals; Police hired by you, notify them to stick to the 6 minute intervals. Regarding the excavation, people are concerned you are going below grade. ,John Cananzey spoke regarding the pit# advising this was taken to Superior Court and a favorable decision was granted to Mr. Will a must abide by decision set down by the Board of Appeals. Mr. Will has not abided by these conditions. What guarantee d:o the residents of the area have if he is allowed to continue to the end of his permit that he will abide by the rules. Going Back over the history of this, every guide line has flagrantly been disregarded. He also brought up about the 10 ton limit signs on the bridge which are not there now, should put the sign,p: up as soon as possible. He should continue his operations according to the rules and regulations of the Board of Appeals. Lincoln Holske spoke Board take action as is in terrible shape. regarding the condition of the road. Would like to seethe to a specific time within the next couple of weeks. Road Annette Shaw also spoke about violations, and would like to see the restrictions adhered to to protect the community. Discussion regarding overhanging bank_ Building Inspector did not find any dangerous banks, authorize Building Inspector to make visits to the site. John Cananzey inquired if these rules are not abided by what would the Board do. The Chairman advised that the intent is that the Board is serious adopting policy we want to see the town run the way it should be. Hope the conduct of operations will be improved. Informal hearing on proposed rules for unsewered areas in tom continued for further questions. Notice received from the Department of Natural Resources stating approval for Mansfield Trust, c/o Cabot, Cabot & Forbes drainage project advising that all construction unless otherwise herein so stated must conform in every re- spect with the plan submitted entitled, Preliminary Drainage Study for I_95 Industrial Center at 495, dated April 1971. Also that no construction of any kind will be allowed unless the requirements of Article X1 of the Sanitary Code are a5tiictl.y complied with. 4 - Notice received from the Department of Public Works advising that the De- partment is conducting an environmental impact analysis of proposed Route 25 and relocated Route 140 in the surrounding communities. A meeting will be held on April 19, 1972 at 7;30 P.M. in the auditorium of the High School, and the meeting will be addressed to the communities of Foxboro, Mansfield, Norton, and Baston. A similar meeting will be held on April 20, 1972 in Taunton for the communities of Taunton, Raynham and Bridgewater. Upon a motion by Selectman Titus, seconded by Selectman Secher it was voted to hold the meeting next week at 4100 P.M. so that the Board can attend the meeting at the High School. Copy of letter from the Water Resources Commission sent to Richard Wise, Manager of Nabisco, Inc. regarding the Division being informed of the steps taken to meet the BOD and flow limitations. Letter from Chad Maurer for the Planning Board concering, the development of the Maple Park area,sent to Bruce T. Wood of the Maple Park Recreation Area, Inc. Letter advised that it is essential that the proper planning go into the final stages of the Maple Park development. The Planning Board has scheduled a meeting for May 1, 1972 at 8:30 P.M, with the Maple Park group and the Recreation Commission to discuss this matter. Copy of letter from Town Counsel to Robert Jones, Chairman of the Conservation Commission enclosing an Order pi Taking for ICingmants Pond which should be signed at a duly - called meeting after a vote to do so. The Town Clerk to acknowledge signatures. Discussion regarding getting in touch with North Attleboro Town Counsel, W. H. Riley and Joseph Rezza and water consultants subject to approval of tests at Witch Pond site. Letters keceived from the Town Counsel regarding rules for applying for liquor licenses; erection of signs; .Stabilization Fund; and number of Constables to be appointed; and procedures regarding Board of Health vi6lation '9. Upon a motion by Selectman Titus, seconded by Selectman Main it was voted to reappoint Leon Grant as Constable for a one .year period, to expire. -March 31, 1973. Letter from Town Counsel regarding the Order of Taking with regard to the Light Department Substation. The Board to check with Mr. Ferrier when he returns from vacation. Upon a motion by Selectman Titus, seconded by Selectman Secher it was voted to grant permission to the Seventh -day Adventist Churches of Foxboro and Brockton churches to conduct a tag day in town on May 5, 1972 with the option of an alternate date in case of bad weather. Letter read from Hoerner Waldorf regarding a potential accident problem involving high speed automobile traffic at the junction of Oakland and Maple Street. - 5 - There have been a lot of near accidents as the employees are leaving the plant and enter Oakland :Street. Requested consideration be given to the installation of caution signals, possibly a STOP sign adjacent to the gate, or signs on Oakland Street indicating Caution -Truck Entrance. The company's interest i-s to prevent future accidents by taking corrective measures in advance. Upon a motion by Selectman Titus, seconded by Selectman Secher it was voted to grant permission to the American Legion Auxiliary to conduct a sale of Poppies the week of May 211 until May 27, 1972. Letter received from Attorney Ernest L. White regarding a suggested article to be inserted in the Warrant for the next Town Meeting regarding a sign at the junction of Chauncy Street and Forbes Boulevard. A transfer of either title or a street easement to the town will be necessary for D.P.W. approval of this sign. The Board agreed to insert the article in the next Town Meeting. Letter from Paul MltranRflnc. advising that they will not be able to accept a purchase order for two Police cruisers on or after April 281 1972. All dealers have been notified that as of this date orders for specially equipped vehicles can not be placed beyond May 1, 1972. Letter received from Leo E. Wolf regarding his proposed construction of an apartment community on Tremont Street off of West Street, and his desire to install sewer facilities, at his expense, to extend the sewer facilities down West Street to the existing sewer line which has recently been constructed. Discussion regarding getting a report from Camp, Dresser and McKee to find out if this would be feasible, and to check with Cabot, Cabot and Forbes regarding their intent. Upon a motion by Selectman Titus, seconded by Selectman Main it was voted to grant a renewal Junk ;Dealerx,:Licenbe to'BArbaka':Cglliery'710 East`.Street limited to repair and selling of secondhand furniture and antique articles. Application received for a change of sign at Di Monte.Is Store on Pratt Street tabled until next week. Upon a motion by Selectman Titus, seconded by Selectman Colella it was voted to grant a one day beer license for the Tri County Beagle Club for April 15, 1972. Upon a motion by Selectman Titus, seconded by :Selectman Colella it was voted to grant a renewaX- Hackney Carriage license to Charles D. Miller for Ideal Taxi. Letter received from K yor Rudolph H. DeSilva of Taunton enclosing the breakdown of costs to individual communities in Bristol County for a new courthouse facility. Board to write to representatives definitely opposing the new Court- house. The Board gave permission for the Jaycees to conduct an auto salvage pickup at no charge to the people, on May 29, 1972. Estimate received from Ralph Maloon regarding the drainage and sewer study on Hall and Fruit Streets, Mr. Maloon to come in next week at 4:30 P.M. to discuss the proposal. 6 Upon a motion by Selectman Titus, seconded by Selectman Main it was voted to appoint Peter P. Saunders a member of the Industrial Development Financing Authority for a five year term. All in favor. The Board will hold a workshop meeting at 7:30 P.M. on April 27, 1972. Letter received from L. Ferrier, Supt. of the Light Department advising that the consultants for the new substation are ready to start as soon as the Board wants them to go ahead. Tabled until Mr. Ferrier comes back from vacation. Starting next Monday, the Building Inspector will be in his town office, Room 10, from 4 :00 to 5:00 P.M. Selectman Secher made a motion to set up a three man Hodges Brook Study committee, a member from the Board, Planning Board and Conservation Com- mission, to coordinate their efforts on this project, but there was no second to the motion. Upon a motion by Selectman Titus, seconded by Selectman Secher it was voted to adjourn the meeting at 11 :37 P.M.