HomeMy WebLinkAboutBOS MINUTES 4-1-1970April 1, 1970
i Meeting called at 7:30 P.M.
All members present, and the Town Manager,
The minutes of the previous meeting were approved as submitted with one
correction to be made on the vote count on page one from 2"1 to 2_0,'
Upon a motion by Selectman Zecher, seconded by Selectman Main it was voted to
approve the Treasurerts Warrant in the amount of $22,845,29.
Letter read from James T. Grady, Town Counsel regarding his filing with the
Superior Court on the complaint filed by Mrs.,Margot Jellinek with regard
to the legality of holding the Town Meeting without the distribution of
Town Reports prior to the Meeting.
Communication received from the Massachusetts Bar, Association regarding Law
Day USA on May 1, 1970 with a Proclamation enclosed for the Board's approval,
Upon a motion by Selectman Zecher, seconded by Selectman Conroy it was.vbted
to proclaim May 1, 1970 Law Day in the town.
The Clerk read a Decree received from the Board of County Commissioners re-
garding the petition filed by the Town which authorizes the Town to make new
railroad grade crossings at Oakland and Maple Streets because of public nec-
essity and convenience. Descriptions of the land involved for the crossings
on Maple and Oakland Streets were described by deed form.
Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was voted
to grant renewal Hackney Carriage Licenses for Carr & Cripps, Inc. for 1967
Checkers 1966 Checkers 1964 Plymouth Fury 1 and 1965 Plymouth cabs.
Upon a motion by Selectman Clemmey, seconded by Selectman Conroy it was voted
to grant a renewal Hackney Carriage License for Ideal Taxi, Charles D. Miller,
for a 1965 Ford Cab.
The Town Manager advised that last week Mrs. Guild was at the meeting regard-
ing who was going to maintain the water level within the Mill Street pond.
The Town Manager read a copy of a letter sent to her from the Department of
Natural Resources in answer to a letter written by her regarding the dam at
the Mill Street pond. The letter stated in part that this would be a private-
ly owned pond and that the water and flowage rights are privately controlled.
Therefore, there is no agency which can compel the owner to maintain the pond
at his expense for the benefit of adjoining landowners or the general public.
The County Commissioners could compel the owner to repair and strengthen the
dam or break open the dam so that it did not hold back a dangerous amount
of water during flooding periods. To ensure that the pond would be maintained
at a desirable level would be to negotiate an agreement with the owner, or
purchase the water rights. It was suggested that the town Conservation Com-
mission could possibly work out an arrangement with the owner of the water
rights to maintain a desirable water level. Another letter was read addressed
to the County Commissioners from the Universal Engineering Corp. advising,
in part, that the prime concern of the County was the proper repair and
operation of the dam as it relates to the safety of property, and that Mrs.
Guild's argument would appear to be a civil matter.
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The Town Manager advised that the question was who should or should not
maintain the pond and made the following recommendations of what should be
done. He advised that the planks were removed from the dam during a high
water condition, but advised that he did not feel that the town should get
into the maintenance of privately owned dams as it would set an example. We
could have similar conditions in other places. There should be an under-
standing of the property owners in the area to maintain the dam,
Selectman Zecher agreed with the Town Manager, but thought that because the
planks were removed by the town that the town had an obligation to put them
back. He recommended that if Mr. Gonsalves is willing to do it, the town
should put the boards back, and from t,:hen on it is privately owned. After
further discussion, upon a motion by Selectman Zecher, seconded by Selectman
Conroy it was voted that the town replace the planks, and make any other
repairs necessary to put the dam in working order, the work to be done after
proper permission is received from Mr. Gonsalves. Action on this matter
will not be setting a policy on repairing dams in the future.
Selectman Zecher questioned regarding the condition of the street markings
done only about six months ago. Questioned whether or not there was any
guarantee from the contractor. Discussion followed and it was agreed that
the specifications should be more rigid, the Town Manager to check with Eric
Redfern regarding State specifications for road markings.
Mrs. Tarantino, spoke for a group from Mill Street, regarding making a road
study of Mill Street. She outlined the necessary steps to be taken by the town
for this survey; that road engineers would have to be broughtin, but at the
expense of the town. She also discussed an alternate route; and a discussion
took place regarding the problems involved. She :Vgquested the Selectmen
to make a motion and take a vote that the necessary steps for a road study be
started, this study to begin when the road has been repaired and opened for
traffic. There was further discussion and it was finally agreed that the
Board would meet'.Satutday morning .;.Apti1 4, at,'1Q:00 A.M. at the Town Hall
to go down to Mill Street to talktosomq people regarding an access road, and
review the problem in general.
John Cananzey presented the Board members with letters regarding a gravel
removal fee policy, but the Chairman advised that this would be discussed
at next weekfs meeting.
Upon a motion by Selectman Conroy, seconded by Selectman Zecher it was voted
to go into executive session.
The regular meeting adjourned at 8:30 P.M.
[executive session ,. APRki. !l, 1.970
Discussion with Lincoln Noble, Airport Manager, in regard to Carlton Whitney
Aero. leasing Area "D ", Airport Comm:isri.rnxexs to meet with Ai.rpor.t Advisory
Committeo April 8, 1970 foc fixEttter discusri,on,
Lyman C. Avery, Superintondent wC Schools, appeared boPoro the Selectmen to
ask their help and support for a committee on Brag problems in Mansfield.
Selectmen Conroy and Main to serve on said Committee,
Meeting adjourned at 10:53 P,M,