The weekly meeting of the Board of Selectmen was held on Tuesday evening, April 20, 2004 at 7:30 p.m.
Present: Eric W. Greene, Chairman; James M. Hardy
George Samia, Town Administrator
Karen Grabau, Adm. Assistant
John Stuebing, Town Counsel
Not Present: David L. Walsh, Clerk
M/Greene, s/Hardy, a unanimous vote, move to appoint James M. Hardy, Clerk pro-tem for the evening.
Public Hearing
M/Greene, s/Hardy, a unanimous vote, move to open the Public Hearing at 7:35 p.m.
Mr. Hardy read the following legal notice:
Notice is hereby given that pursuant to the requirements of M.G.L. Chap. 138, a Public Hearing will be held relative to the Application for Transfer of a Common Victualer - All Alcoholic License, as follows:
From: Special Events Catering, Inc.
Steven J. Gotreau, Manager
To: Creative Cuisine, LLC
Sheryll A. Gotreau, Manager
Premises: 390 Oak Street
Premises consists of Function Facility consisting of 2 functions rooms, 2 Bridal Rooms, 2 Photography Rooms, 4 Bars, 2 Offices, 1 Kitchen and 9 Bathrooms.
A Public Hearing will be held at the Town Hall, First Floor Conference Room, 175 Central Street, East Bridgewater on Tuesday, April 20, 2004 at 7:35 p.m.
James M. Hardy
Eric W. Greene
David L. Walsh
Board of Selectmen
Licensing Authority
Present: Sheryll Gotreau, proposed Manager
Mrs. Gotreau explained that she has worked for Special Events Catering for 12 years; has taken TIP training and plans to have a recertification class prior to starting new season; this will be a transfer of the license from Special Events to Creative Cuisine; no changes are being made to the facility except for some inside renovations.
M/Hardy, s/Greene, a unanimous vote, move to close Public Hearing.
M/Hardy, s/Greene, a unanimous vote, move to approve the Transfer of the Common Victualer – All Alcoholic License from Special Events Catering, Inc. to Creative Cuisine, LLC, Sheryll Gotreau, Manager, premises 390 Oak Street.
M/Hardy, s/Greene, a unanimous vote, move to approve the minutes of the April 5, 2004 meeting.
Board of Selectmen -2- April 20, 2004
M/Hardy, s/Greene, a unanimous vote, move to approve the minutes of the April 12, 2004 meeting.
M/Hardy, s/Greene, a unanimous vote, move to approve the recommendation of Susan Merritt, Chairperson of the East Bridgewater Cultural Council to appoint Laurie Grady and Joseph Damore to the Cultural Council effective immediately through June 30, 2007.
M/Hardy, s/Greene, a unanimous vote, move to approve the appointment of Richard M. O’Flaherty to the Old Colony Joint Transportation Committee effective immediately through June 30, 2005.
Board agreed to close the warrant prior to discussing articles on both Special and Annual Town Meeting warrants. Mr. Greene noted that he thought that articles for S.E. Regional regarding the funding formula, which were voted at last year’s town meeting needed to be placed on this warrant and revoted. It was agreed that these articles could be added to the warrant. Mr. Samia noted that the Personnel Board had approved a second article this evening and asked that that be placed on the warrant.
M/Hardy, s/Greene, a unanimous vote, move to approve closing the Warrants for the Special and Annual Town Meetings with the inclusion of articles for Southeastern Regional and the Personnel Board.
Public Hearing
M/Hardy, s/Greene, a unanimous vote, move to open Public Hearing at 8:00 p.m.
Mr. Hardy read the notice as follows:
Notice is hereby given that the Board of Selectmen of the Town of East Bridgewater intend to lay-out as a town way:
AAUNDREA’S WAY, as shown on a plan entitled “AS-BUILT PLAN of AAUNDREA’S WAY in EAST BRIDGEWATER, MASS.,” by Siegrist Land Surveying, 12 Keith Avenue, Brockton, MA, dated November 1, 2001.
BLACK BROOK PATH, as shown on a plan entitled, “ROADWAY ACCEPTANCE AND AS-BUILT PLAN OF BLACK BROOK PATH IN EAST BRIDGEWATER, MASSACHUSETTS,” by Outback Engineering, Inc., 106 West Grove Street, Middleboro, MA, dated June 22, 2003;
EMERY LANE, as shown on a plan entitled “ROADWAY AS-BUILT OF EMERY LANE IN EAST BRIDGEWATER, MASSACHUSETTS,” by Professional Land Survey Associates, 25R Central Street, East Bridgewater, MA, dated January 8, 1999;
JOSHUA LANE, as shown on plan entitled “ROADWAY ASBUILT PLAN, JOSHUA LANE, IN HANSON AND EAST BRIDGEWATER, MASSACHUSETTS,” by Land Planning, Inc., dated July 25, 2002, revised August 20, 2002;
NORTHVILLE AVENUE, as shown on a plan entitled “ROADWAY ACCEPTANCE and AS-BUILT PLAN of NORTHVILLE AVENUE in EAST BRIDGEWATER MASSACHUSETTS,” by Outback Engineering, Inc. 321 West Grove Street, Middleboro, MA 02346, dated January 5, 2004;”
Board of Selectmen -3- April 20, 2004
PLAIN STREET, as shown on a plan entitled “ROADWAY ACCEPTANCE PLAN and AS-BUILT PLAN for PLAIN STREET STATION 0+00 through STATION 5+57.82 TOWER HEIGHTS-PHASE III IN EAST BRIDGEWATER, MA.” by P.M.P. Associates, LLC, 200 North Bedford Street, East Bridgewater, MA, dated July 7, 2003 and revised August 22, 2003;
RAY WAY, as shown on a plan entitled “ROADWAY AS-BUILT PLAN RAY WAY PLYMOUTH STREET, ASSESSORS MAP 1, Plot 4 EAST BRIDGEWATER, MASSACHUSETTS,” by Michael J. Koska & Associates, Civil Engineers & Land Surveyors, Bridgewater, MA, dated September 15, 2003, revised November 10, 2003;
SAWMILL COVE, as shown on plan entitled “ROADWAY AS-BUILT OF SAWMILL COVE IN EAST BRIDGEWATER, MA,” by Professional Land Survey Associates, 25 R Central Street, East Bridgewater, MA, dated August 20, 2001; and
WILLIAM HERSEY LANE, as shown on a plan entitled “AS-BUILT PLAN- WILLIAM HERSEY LANE- EAST BRIDGEWATER, MASS.,” by Merrill Associates, Inc., 472 Columbia Road, Hanover, MA, dated January 20, 2004 and revised as of March 16, 2004;”
Copies of said plan and proposed lay-out are on file at the Board of Selectmen’s office, Town Hall, 175 Central Street, East Bridgewater, MA.
You are hereby notified that a public Hearing on said layout will be held at Town Hall Conference Room, East Bridgewater, Massachusetts, at 8:00 p.m. on Monday, April 20, 2004.
Present representing the Planning Board was Steve Belcher.
Board went over each lay-out and asked if there was anyone present to speak on them.
Gabrielle Olson, 3 Ray’s Way stated that she questioned the acceptance of the roadway as she felt there were several problems with drainage and road conditions on her street. Noted that there was a problem with the sidewalk placement as some of the sidewalk is on their property and not in the layout. Noted that she has sent letter to the Planning Board regarding problems. A discussion was held regarding this roadway. Mr. Belcher stated that he would discuss this with the Planning Board and John Delano at their next meeting.
Mr. Chad Hirtle, Aaundrea’s Way stated that he wanted his roadway to be accepted. It was noted that a letter had been received from Marcia Anapolsky, Adm. Assistant to the Planning Board informing the Selectmen that Aaundrea’s Way would remain a private way. Mr. Belcher stated that the Planning Board could discuss this at their next meeting and invited Mr. Hirtle to attend that meeting.
M/Greene, s/Hardy, a unanimous vote, move to close Public Hearing.
Board of Selectmen -4- April 20, 2004
M/Hardy, s/Greene, a unanimous vote, move to a hereby layout as a town way, in accordance with the description, for the following:
AAUNDREA’S WAY, as shown on a plan entitled “AS-BUILT PLAN of AAUNDREA’S WAY in EAST BRIDGEWATER, MASS.,” by Siegrist Land Surveying, 12 Keith Avenue, Brockton, MA, dated November 1, 2001.
BLACK BROOK PATH, as shown on a plan entitled, “ROADWAY ACCEPTANCE AND AS-BUILT PLAN OF BLACK BROOK PATH IN EAST BRIDGEWATER, MASSACHUSETTS,” by Outback Engineering, Inc., 106 West Grove Street, Middleboro, MA, dated June 22, 2003;
EMERY LANE, as shown on a plan entitled “ROADWAY AS-BUILT OF EMERY LANE IN EAST BRIDGEWATER, MASSACHUSETTS,” by Professional Land Survey Associates, 25R Central Street, East Bridgewater, MA, dated January 8, 1999;
JOSHUA LANE, as shown on plan entitled “ROADWAY ASBUILT PLAN, JOSHUA LANE, IN HANSON AND EAST BRIDGEWATER, MASSACHUSETTS,” by Land Planning, Inc., dated July 25, 2002, revised August 20, 2002;
NORTHVILLE AVENUE, as shown on a plan entitled “ROADWAY ACCEPTANCE and AS-BUILT PLAN of NORTHVILLE AVENUE in EAST BRIDGEWATER MASSACHUSETTS,” by Outback Engineering, Inc. 321 West Grove Street, Middleboro, MA 02346, dated January 5, 2004;”
PLAIN STREET, as shown on a plan entitled “ROADWAY ACCEPTANCE PLAN and AS-BUILT PLAN for PLAIN STREET STATION 0+00 through STATION 5+57.82 TOWER HEIGHTS-PHASE III IN EAST BRIDGEWATER, MA.” by P.M.P. Associates, LLC, 200 North Bedford Street, East Bridgewater, MA, dated July 7, 2003 and revised August 22, 2003;
RAY WAY, as shown on a plan entitled “ROADWAY AS-BUILT PLAN RAY WAY PLYMOUTH STREET, ASSESSORS MAP 1, Plot 4 EAST BRIDGEWATER, MASSACHUSETTS,” by Michael J. Koska & Associates, Civil Engineers & Land Surveyors, Bridgewater, MA, dated September 15, 2003, revised November 10, 2003;
SAWMILL COVE, as shown on plan entitled “ROADWAY AS-BUILT OF SAWMILL COVE IN EAST BRIDGEWATER, MA,” by Professional Land Survey Associates, 25 R Central Street, East Bridgewater, MA, dated August 20, 2001; and
WILLIAM HERSEY LANE, as shown on a plan entitled “AS-BUILT PLAN- WILLIAM HERSEY LANE- EAST BRIDGEWATER, MASS.,” by Merrill Associates, Inc., 472 Columbia Road, Hanover, MA, dated January 20, 2004 and revised as of March 16, 2004;”
Open Forum
Mr. Greene opened the Open Forum and stated that anyone wishing to speak on an issue, would be limited to 2-3 minutes. Expected everyone to observe decorum of meeting.
Board of Selectmen -5- April 20, 2004
Mr. Philip Zentz, Belmont Street stated that he had been asked by a neighbor to read a letter, as the neighbor could not attend tonight’s meeting. Mr. Zentz then read the following:
Dear Sirs:
My name is Robert J. Van Deusen and I am a recent implant in this Town as well as a registered voter. I was not able to attend this meeting because of a previous engagement so I asked my neighbor Phil Zentz to read this aloud.
In response to a proposal that unites the Town and Allied Waste to re-open the Town Dump located on Thatcher Street in the Town of East Bridgewater I wish to object with the utmost force that I could ever commit.
First of all without hesitation, I would like to admit that if I knew or suspected anything like this would occur I would have chosen another Town to purchase a home, certainly not East Bridgewater.
Secondly, and honestly, if the Board even considers this proposal I personally will stand fast in my efforts to block any incremental advancements that the proposal may incur toward its goal to accomplish a sleazy deal such that is being made.
Thirdly, all environmental Agencies with enforcement powers will certainly be notified and I will continue to keep abreast of their progress as well as maintain an open line of communication with such agencies until or unless the proposal or project has discontinued.
Lastly, let’s be honest, we will know the health risks involved in having a community dump such as the noisy trucks nigh and day, the contaminated water as caused by run-off and other environmentally associated risks that it brings.
Please in the interest of our health and environment for all the people in this and surrounding Towns stop this idea to bring the Town Dump back.
Respectfully Submitted
Robert J. Van Deusen
Tax-Payer/Voter
Mr. Zentz then asked several questions of the Board relative to the proposal submitted by Allied Waste to the Town. Mr. Zentz commented that he felt the Board had the right to refuse the offer and not negotiate with Allied.
Board members expressed that they wished the townspeople to have the right to vote on this issue. Mr. Greene explained the various hearing, etc. that have to be held by the Planning Board and Board of Health and noted that citizens can attend the meetings and voice their opinions. A discussion was held on the process.
Atty. Stuebing noted that the Planning Board zoning change hearings, Board of Health site assignment hearings and Board of Selectmen host community contract negotiations could be held simultaneously.
Bill St Jacques, Captains Way resident, stated that he was against the landfill reopening and wanted to be on record.
Open Forum closed
Board of Selectmen -6- April 20, 2004
Board discussed the Annual Town Meeting warrant. It was noted that there was an article by petition for a noise by-law. Atty. Stuebing stated that since it was submitted by petition, he did not feel that it should be rewritten by counsel. Noted that he questioned the 6 p.m. time frame for the decibels to be reduced to 5. Also noted that the fines could not be more than $300 and the $500 in the by-law was not allowed by MGL.
Mr. Hardy stated that he questioned why definitions included air contaminants,i.e. pollen, etc. felt that if it is a noise by-law these definitions should not be included. Also questioned that under the noise regulations 3.f. noted lawnmowers. Noted that he had concerns that this would cause many residents to be unable to use their power tools, lawnmowers, etc after 6 p.m.
A resident noted that any 2-cylinder engine would produce sound higher that 5 decibels.
Atty. Stuebing recommended that all voters look over the article and become familiar with what the articles read and what is included on the warrants.
M/Hardy, s/Greene, a unanimous vote, move to approve the placement of all articles submitted on the Special and Annual Town Meeting Warrants with the addition of articles from SE. Regional School and Personnel Board.
Board Discussion
Mr. Hardy updated those present on the FY05 Budget. Explained that the Financial Team has worked on the budget and have used available funds to offset the deficit, i.e.Free Cash -$674,000; Stabilization Fund - $750,000; Overlay surplus - $227,000; Ambulance fund - $300,000.
Mr. Samia explained how funds were used and what this means for planning the next budget.
Mr. Hardy stated that the Board needs to find ways to cut operating costs. Noted that there is an energy problem in Town Hall, various sides of building are not uniform in heat and cooling; felt that Town Hall needs to be closed on Fridays, curtail use of building in evening.
Mr. Greene suggested that the Building Committee look into changes to the HVAC system for town hall; meet with engineer and see what can be done to make the system worked better.
Correspondence
1. Planning Board letter re: timeframe for Allied Waste proposal – Board agreed to send a letter back to Planning Board agreeing with time frame.
2. E-mail from Howard Wilbur – Rail/Trail meeting.
3. Letter from Cultural Council re: moving $1,000 funding for Recreation Commission into their budget. It was noted that the Recreation Commission is not longer active. Discussed new law, which allows funds to be moved within budget without a town meeting vote.
M/Hardy, s/Greene, move to close Open Session and go into Executive Session for the purpose of discussing pending litigation and will not be returning to Open Session.
VOTE: Yes – Greene, Hardy; a unanimous vote in favor.
Meeting adjourned at 9:45 p.m.
_______________________________Clerk
Board of Selectmen
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