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HomeMy WebLinkAboutBOS MINUTES 9-29-1971September 29, 1971 Meeting called at 7:30 P.M. Members present: Selectmen Saunders, Caponigro and Titus, and the Town Manager, In the absence of the Chairman who came to the meeting later on, upon a motion by Selectman Titus, seconded by; Selectman Caponigro it was voted to appoint Selectman Saunders temporary Chairman,' Upon a motion by- Selectman Caponigro,,seconded b y Selectman Titus it was voted to approve the Treasurer's Warrant in the amount of $364,603,59. All in favor, The minutes of the previous meeting were accepted as distributed, Copy of letter sent to Walter Millette from the Department of Public Works was read regarding the filling and piping drainage on land adjacent to Franklin Street and Canoe River advising that a license will not be required at this time, all work to be Subjectf. to all other related provisions of law, by-laws, and regulations that may pertain. Notice received from the Alcoholic Beverages Control Commission regarding the sale of alcoholic beverages on Columbus:Day, Veterans' Day and Thanksgiving. Notice received from the Southeastern Association of Boards of Health advising that the first meeting of the year will be held on Wednesday, October; 13, 1971 at the Hobomock Restaurant in Pembroke, Copy of letter from the Superintendent of Schools sent to the Town Clerk ad- vising that the approved minutes of meetings are on file at the middle school, and listing the meetings of the High School Building Committee, Permanent School Building Committee and the School Committee, Copy of letter read from Paul T. Anderson to the Town Counsel regarding the suitability of the subsurface sewage disposal for proposed apartment complex on Tremont and Williams Street, owned by Carl A. Nelson, Jr, Letter ad- vised soil examinations for buildings F and G had been made, but the remaining buildings have not been witnessed by.this`.department, No plans of sewage disposal have been submitted to the Department of Public Health for approval. Communication received from the State Civil Defense Agency regarding a Federal Excess Property Program to be implemented in the near future in the middle of October; Letter read from the Town Counsel regarding a hackney license application for Donald H, and Mary Reed, d /b /a Reed's Taxi, The letter advised that General Laws, Chapter 40, Section 22 permits the town, either by by-law or the Board of Selectmen to make rules and orders for the regulation of taxicabs. These rules must first be published at least once in a local newspaper. If the Board chooses to regulate cabs ,beyond granting a license - .established uniform rules, rates, etc., should be published, - 2 - Regarding request':for abatement from Laura and Lloyd Williams the Town Counsel advised that under the General Laws they must have filed for an abatement with- in thirty days and filed in the Superior Court. It appears request for abate- ment was not made within the prescribed period,. Letter read sent to the Chairman from Attorney Douglas Smerdon regarding notice and claim for damages by Gladys L. Holmes of 28 Court Street, advising that town employees have been trespassing on the premises located at 28 Court Street, cutting.limbs off of pine trees and damaging a fence on the westerly boundary of her land. Request made that all further trespassing cease, and that no further damage be caused by town employees. An estimate of the damages already caused will be submitted to the town for payment. The Town Manager advised that the property line should be established. Ralph Maloon has checked, and it checks out within within one quarter of an inch. Trees and fence are on town property until they prove otherwise by having their own lot surveyed. He advised that he had talked with Attorney Smerdon regarding this matter. Notice received from the Department of Natural Resources advising.:permission had been granted to the Stivaletti project on Erick Road. Hearing held at 8:00 P.M. on the application of the Brockton Taunton Gas Company for the purpose of installing approximately 400' of 411 welded steel gas_ main on Elm Street from the end of the existing main to Brookside Road. There was no opposition recorded, and upon a motion by; Selectman Titus, seconded b y Selectman Caponigro it was voted to grant permission for the installation. All in favor. The Town Manager brought up about the awarding of the contract for the West Street sewer line, and upon a- motion by Selectman Caponigro, seconded by Selectman Titus it was voted that a contract be awarded to David A. Bosworth to construct -a sewer line on West Street according to plans and specifications by Camp, Dresser and McKee, Inc, for the bid price according to the low bid dated September 7, 1971 in the amount of $108,375.00 and that the Chairman of the Board of Selectmen and the Town Manager be authorized to sign said con- tract in behalf of the Town. Petitions received from the New England Telephone and Telegraph Company for per- mission to lay and maintain underground conduit and manholes, etc, on West St6 within intersection of Forbes Boulevard; Chauncy Street within Forbes Boulevard, and West Street from manhole 30, approximately 15 feet west of Rumford Avenue extending easterly along West Street to manhole number" 32. Hearings were set. for 8:00; 8:10; amd 8 :20 P.M. for the .:above petitions. At 8:05 P.M. a hearing was held under the Hatch Act on the application of the Mansfield Trust (Cabot, Cabot'.& Forbes) for consideration of the Hodges Brook drainage area. Letter read from Chadwick Maurer, Jr., Town Planner, advising that the Planning Board received a copy of the preliminary drainage study on September 27, 1971, and was advised of the hearing to be held by the Selectmen, and this was not sufficient time to review the plan in detail. The Planning Board has engaged a consulting engineer to review the plan, and he requested the Selectmen not to make a formal recommendation to the Department of Natural Resources until the report from the consulting engineer is received. Advised that .the Board of Selectmen write to the Department of Natural Resources, and 3 explain that there was insufficient time to review the application, and make recommendations pending further study by the various agencies, within the seven days after the hearing. The letter also advised that tl3e Planning Board has scheduled the plan for discussion on the agenda for Monday, October 4, 1971 and requested that the Selectmen be represented at this meeting, and at that time a preliminary report is expected from the consulting engineer. Letter also read from Paul Dalton, C. C.& F. sent to Department of Natural Resources regarding Notice of Intent dated August 25, 1971, and letter from C.C.& F. advising that a hearing by the Board is required within fourteen days of the date of the letter which was dated September 16, 1971. The hearing was set for this date, September 29, 1971. William Moore, H. W. Moore Associates, pointed out on the Zoning map and plans showing the watershed relative to the project. Starts at 195 and goes through the park to School Street under Oak Street to Norton. Hodges Brook has been Anflueneed by I_95, C,C.& F, would put a pipe line caqrOssc their property, and bring it into the brook, It would not be detrimental to anyone!s property. The present problem is due to I ®95, In the area of Datsun Motors and West Street and interchange. All of this water would be directed to this point, could go into Hodges Brook immediately ® pro- posed alternative to direct the water to a new channel to West Street through the park to meet Hodges Brook, At the Zayre building there has been a 4811 pipe that intercepts water on West Street because of inadequate drainage, Would join-:a system under proposed route 25 and over to Hodges Brook, Mr, Moore advised that the whole watershed is contributing to Hodges Brook. Bdcause ,: the project will cause greater Flow, runoff was suggested by Natural Resources, will double the amount of runoff, but Mr. Moore advised it would be less than double for the whole watershed, Acting Chairman Saunders questioned -Abe people present if anyone required a clarifying statement regarding Mr, Moore's explanations. Chad Maurer, Town Planngr stated that there are two points the Planning Board wants to clarify for the relocation of Hodges Brook,reggrding the whole area within the industrial park, and the increasdd rate of runoff generated from the park. What effect would it have on the area downstream relative to the water within the park. Most of the drainage will be going down Hodges Brook, and will not affect the park, and will arrive in the southern area of Hodges Brook. Harold Jacobi, Attorney for Leo Parente questioned whether that plan was a re- sult of a hydraulic study or just a plan. All areas are sources of water or watershed, Natural storage area is in the park, questioned that in this de- velopment with blacktop surface won't the natural storage area be diminished in the park, and increase the flow. Questioned what effect there will be on School and West Street runoff. Mr. Moore advised it is a hydraulic study ® deals with area of the watershed. Quantity of water that occurs from the land from the development, Some wet land here perhaps a does not amount to 30 acres. Paul Dalton advised that it would be 10°15 acreas of wetland, 4 Herb Levine, 20 Walnut Street advised that he attended a meeting a month ago regarding the relocation of Hodges Brook, information meeting. Has the Board approved the relocation of Hodges Brook as it was presented. Chairman adr wised it was approved, and the town is going to do a further study below School Street, Natural Resources would not approve this unless a study was made of the brook further down, No study been made regarding this channel. Natural Resources asked that examination be made of the School, Oak and railroad areas. There will be a need for modifications. Robert Bottomley of the Norton Conservation Commission questioned regarding the water going into Wading River. Mentioned salt, oil, and some diesel oil, and questioned what effect this would have on the water, and was advised there would be traps for the oil and salt like on the state roads. Would not have that much effect on it. Would not destroy a logical stream. Selectman Curtis Dahl, Selectman from Norton questioned the effect on the Wading River, When you develop land, the water runoff is faster, get a large surge of water. Could be flooding in Norton because of this drainage. Mr. Moore advised that opposite Oak Street, as youlapproach the railroad tracks, there is a vast swamp area. Water flow would be blunted before it reaches Oak Street, Louis Garland, 860 West Street spoke regarding relocating a section of it. There are 1,600' where Hodges Brook enters C.C.& F. property down through an enlarged channel. Bypassing the channel will take some of the flow. Any flooding will continue to flood. The Chairman requested statements by people present in favor or opposed to the proposal. There were none of the group in favor, Attorney Jacobi was opposed to the plan. Informed meeting that he represented Leo Parente of West Street. Necessary to put things straight. Mr. Parente had this problem of flooding his property after 1-95, and it would be doubled by the industrial park. Would not give.the'town permission to come in on his land and widen the basin of Hodges Brook. Would come in and enlarge':the'channel over his land to alleviate flooding. He was skeptical. of the plan. Retained the firm of Cushner & Cushner., and we have retained the services of Dr. Elliott Childs, hydrologist, formerly with the Army,, Corps of Engineers. Result of his study determined area is a natural watershed - a wetland area. Prior to I -495, and based upon that gtudy the whole area encompasses 65 acres of natural wetland. The result will be to push an enormous amount of water. down West St, through Mr. Parente's property. If the areas are filled, runoff is going to be at a much faster rate. Mr. Parente. is not in favor of stopping C.C.& F., but wants to know that his property will not have more water. Agree with Mr.Maurer relcontac,ting a consulting engineer. Ask the Board to wait for a completion of report from Dr. Childs. Town Planner Maurer stated that because contacted Natural Resources today, and Natural Resources advising that we are sider an extension of time. Attorney should be complete within seven days, it is done properly. the Planning Board was concerned, he learned that if the Selectmen write to seeking expert advice, they would con_ Jacobi advised that Dr. Childs' report Paul Dalton - extend time.. and see that William Gross, 860 West Street advised that the source of the brook is there and has been for years. Had problems of flooding, and it has been worse since - 5 - I-95 and 495, Town would have to take care of it. Would like to see this 'thing taken care of - should be looked into now, cleaned out as it has been in the past. Would take care of additional water, Would like to see natural stream retained and cleaned out, Louis Garland - natural flow of brook was cleaned out - water would go down through there. Water flowing into our property and Mr. Parente-'s. Should be cleaned out `and:widened' and left in, °its .present location 0.' Paul Dalton advised that C.C.& F. could not go on Mr. Parente's property, so they made this change. Leo Parente, Jr. while at Natural Resources talked with A.M. Cousens and asked if they could guarantee that they could improve our land at the head of Hodges Brook and what they are going to do at the end, Carl Scheffy, 739 School Street stated that he would be at the bottom end of all this drainage:. He was advised there wasa,newculvert put in on new School Street and should be adequate for present needs, The Chairman closed the hearing at 9:22 P.M, Selectman Main came to the meeting during the hearing, Upon a motion by Selectman Caponigro, seconded by Selectman Main it was voted that the Board of Selectmen write a letter to the Massachusetts Department of Natural Resources, indicating that we have held this hearing, and because of the magnitude of the project the Board needs more time to study the plans, and due to the fact that the Planning Board and an interested abuttor have hired Consulting Ehgineers to review the project the Board will make its re- ommendations after reviewing the Planning Boardfs report not later than October 15, 1971, the Board of Selectmen will submit its recommendations to the Depart- ment of Natural Resources. Upon a motion by Selectman Caponigro, seconded by Selectman Titus it was voted that the Board of Selectmen arrange a meeting with the Department of Natural Resources, and the Planning Board immediately after the Planning Boardts report is given. Town Manager reported on the bids received for oil for the roads, Upon a motion by Selectman Main, seconded by Selectman Caponigro it was voted to award the bid to Trimount Bituminous. Discussion regarding Town Manager having the right to award bids without approva: the Board to see specifications before they go out for bid, Town Manager recommended awarding the bid for corrugated pipe to Penn Culvert, and to get any size or length that it is necessary to order, and for concrete pipe, the bid was awarded to the Massachusetts Correctional Institute. Town Manager advised the Board that there had been a problem in the Light Dept, with the billing machine. Had to have machine taken into Burrough's office for repairs. Hope to keep it in operation. Built to fit a particular problem, They are the only one that makes this machine, and it will take 8 - 9 months for delivery. The price of a new machine would be $6,400. Suggested purchasing it and have it go into the departmentts budget for 1972. When questioned by Herb Levine, the Town Manager advised that Southeastern Regional, Nunable at this time to handle this type of work by computer, not set up to do municipal account ing. After discussion, it was agreed that the billing machine should go out for bids. ® 6 Off Elm Street Discussion regarding set of plans /sent to the Board of Health. Question of adequate drainage and sanitary distribution, looks like multi dwelling complexes, The original plan was supposedly submitted before apartments were excluded from the agricultural zone. Selectman Main questioned how much runoff is going to be created and how much pipe under Elm Street can be handled. The Town Manager and Town Counsel to inquire of these people the questions that have come up; intended use and volume of extended use and drainage and disposal plans, If these are;:acceptable a recommendation will be made. November 10, 1971 dead- line for approval. Would like to know how many people are going to live in this area. The Town Manager submitted his Water Report to the Board and advised some of the computations are from Whitman and Howard's report and some from the Water Department downstairs. The first thing is a Master Plan. Could determine where to run mains, etc. Without this with the expansion we are getting, beginning to get concerned about whether o.r.not,:lve,have,3vater and, sewerage egduph, and where we should start planning. Would like approval to put these as article: in the Town Meeting for this phase of the report. Regarding Witches Pond o talked with owners. Interview well worthwhile,, knew we had to have water, No trouble to buy the land, if so, town could take it by eminent domain, Selectman Main, as other members of the Board, commended the Town Manager for a fine job in compiling facts and figures for this report. Need more water and with new industries, need more. Like to see the Board set up articles on Witches Pond, and appropriate money.' for. Witches -Pond, As far as the Dustin well, go along with the recommendations of Whitman and Howard and put these articles in. The Town Manager discussed other phases of the report with the Board. Selectman Caponigro spoke regarding the Boardfs representative for Self Help. They have had a:Selectman on the program, and advised he was the Board1s repre- sentative for this year and the term ends as of January 1, 1972, It is hard to get to meetings because of this meeting, and he suggested appointing someone who has no` -. other commitments, In January,,instead of appointing a Selectman, the Board should appoint an individual from town. A motion was made by Selectmen Caponigro, and seconded by Selectman Main that effective January 1, 1972 Mrs. Margot Jellinek be appointed the Board's re- presentative on the Head Start ppogam, Vote on this motion was held until next week for Mrs. Jellinek's answer. Town Manager advised that he met with two members of the Fish and Game •Associa® tion. There is a question of ownership of the dam. Had Ralph Maloon do a sur- vey.,. Going back to the Organization and discuss problem and reasons why, and will report back to me. If they own the land where the dam is, might have to buy the land. Selectman Titus brought up about the School Committee denying 20 -30 school children from the Franklin Street and Magna Vista area transportation on the bus because they live within 1 1/4 miles of the school, These children will be walking down R't. 106 to the junction of Pratt and East and go the High School. 7 There are no sidewalks in this area, and there is fast traffic; and it will be dangerous in the winter months with%snow on the ground. Up to this year they have bused these children from this area. Should remedy this situation. He suggested that the town build a sidewalk along 106 and on down to the school, the Finance Committee to be.asked to consider the proposal. After discussion, it was 'suggested that a; letter be written to the School Committee requesting that they reconsider their vote until corrective action can be taken, Selectman Saunders reported that he met with Mr. Ferrier to discuss the latest rate proposal regarding apartments who own their own transformers. The result was they considered the rate of apartment developments has been diminished, and the fact that our rate::of return on transformer investments is fairly good it was agreed that for the time being,will go with the present 'rate and not introduce this new rate, Selectman Caponigro brought up the matter of any person wishing copies of plans and specifications should be allowed to have them.bebause Of. the :vay:the'ad reada.:_The,..Town Manager advised that only qualified bidders receive plans and specifications. After a discussion, upon a motion by Selectman Main, seconded by Selectman Titus it was voted that a copy of the plans be given to any qualified bidders, all other interested persons to be charged $1.00 per page. 3_1 vote a Selectman Caponigro opposed, Upon a motion by Selectman Titus, seconded by Selectman Main it was voted to close the meeting at 10:50 p.M.