May 9, 2006
The regular meeting of the Board of Selectmen was held at 7:30 P.M. in the Sharon Town Offices with Chair David I. Grasfield, Selectmen William A. Heitin and Walter Joe Roach and Benjamin E. Puritz, Town Administrator.
The meeting was called to order at 7:32 P.M.
Approve Minutes
The Minutes of April 25 and the Executive Session Minutes of April 4 were held until the next meeting.
VOTED: (Heitin/Roach) Voted unanimously to approve the Executive Session Minutes of April 4, 2006.
VOTED: (Heitin/Roach) Voted unanimously to approve the Open Session Minutes of April 11, 2006.
VOTED: (Heitin/Roach) Voted unanimously to approve the Executive Session Minutes of April 11, 2006.
Chair Grasfield recommended changes to the Minutes of April 25. These will be distributed again for approval at the next meeting.
The Executive Session Minutes of April 25 were not voted. The minutes of May 1 and May 2 from the meetings at the high school auditorium prior to Town Meeting were held at the request of Selectman Heitin.
Release Redacted Executive Session Minutes
Selectman Grasfield asked if there were Executive Session Minutes prior to 1990 to review for redaction and he was told that there are not.
Conditional Office of Appointment
Chief Bernstein was present to introduce Scott Ellis as recommended for Conditional Offer of appointment as a new Police Officer.
VOTED: (Heitin/Roach) Voted unanimously to accept Chief Bernstein’s recommendation to offer a conditional offer of appointment pending final procedures.
Letter of Appreciation - Officer Bishop
Chief Bernstein discussed the Letter of Appreciation included in the correspondence packet re Officer Kevin Bishop from the North Attleboro Police Dept. (Later this evening Chair Grasfield reads the entire letter).
Dog Hearing - Bowen - 347 S. Main Street
A Dog Hearing was held by request of Michael F. Pariella re that a dog owned by Messrs. Bowen at 347 South Main Street is a nuisance by reasons of continued violation of the Town of Sharon Leash Law. Animal Control Officer Diane Malcolmson was present as well as the dog’s owner, Mr. Bowen.
Mr. Pariella gave a brief history of a neighborhood dispute with Mr. Bowen. This is the second dog hearing re Mr. Bowen’s dog. The first hearing was held November 30, 2004. At that meeting, the Board took no action, but requested that Ms. Malcolmson visit the dog and the dog’s setting and assess the fencing along the property.
Mr. Pariella brought a DVD that allegedly shows Mr. Bowen’s dog off his leash and crossing Mr. Pariella’s property. Problems with the A/V equipment prevented the video from being shown.
Mr. Bowen was present and admitted that his dog has gotten off his runner a few times.
The Board requested that Ms. Malcolmson assess the fencing along Mr. Bowen’s property and report back to the Board.
This Hearing will be rescheduled due to the problems with the A/V equipment.
Dog Hearing - Machinton - 8 Burnt Bridge Road
A Dog Hearing was held by request of Diane Malcolmson, Animal Control Officer, re dogs owned by Mr. and Mrs. Stephen Machinton as being a nuisance by reason of excessive barking and disturbance of the peace. Mr. and Mrs. Stephen Machinton were present as well as being represented by Attorney Julie DiaLessi. A number of abutters were also present.
Diane Malcolmson, Animal Control Officer, gave a statement, including:
in 2004, Mr. Machinton contracted her to ask whether it was permissible to have 10 dogs at one residence in Sharon;
since the dogs were pets, a kennel permit (regulated by the ZBA) was not needed;
she explained that it was permissible as long as he abided by the Town’s dog laws and she stated that barking dogs were a disturbance of the peace;
she has received numerous calls from the neighbors that the dogs were barking all the time;
Burnt Bridge Road is on a quiet cul-de-sac;
Machinton’s installed a blue tarp over chain link fence in front of house to help alleviate problem;
attached garage also acts as an echo chamber when dogs are inside;
most dogs have now been debarked;
Machinton’s recently (April 18) had new fence installed; and,
she has had no new complaints since April 18.
Attorney DiaLessi spoke on behalf of the Machintons, making statements including:
Machintons went through great pains to determine that Town was amendable to home with multiple dogs;
not noticed about excessive barking;
kennel, not a garage, constructed for animals, no echo chamber;
neighbors unhappy with blue tarp;
removed tarp at the request of neighbor trying to sell home;
dogs have all been debarked in 2004 which lowers the pitch of the bark;
there is a golden retriever in the neighborhood that barks;
secretary did not provide all documents she requested;
no information that Police have been called in the middle of the night; and,
as far as she knows, there are no substantive correspondence re numerous complaints;
Ms. Malcolmson gave a statement including that the neighbors have been very patient. She played a tape recording of a telephone message left by Dr. Cheema, 11 Burnt Bridge Road, where Dr. Cheema is trying to be heard over the noise of barking dogs.
Dr. Cheema discussed his own efforts in trying to deal with the problem directly with Dr. Machinton, trying to be very courteous and welcoming. He said he would have brought his own counsel if he had known that Dr. Machinton would be so represented. He stated that Dr. Machinton has indicated that he does not plan to stay in his house due to structural problems. Dr. Cheema went on to explain how the continuous noise impacts his sleep and profession and how he could have signed hundreds of complaints. He went on to say that the children in the neighborhood were being affected psychologically.
Mr. and Mrs. McPherran of 7 Burnt Bridge Road also made statements of the negative impact of the dogs barking to the neighborhood, including the children. Other complaints included the kennel located in front of the house and the blue tarp affecting the character of the neighborhood.
Mr. McPherran discussed concerns with housing values in this neighborhood of new homes. Mrs. McPherran spoke of her child who wants to stay inside.
Chair Grasfield suggested that at the next Town Meeting the Town could vote on a bylaw to limit the number of dogs to a residence. He further stated he hoped that the neighbors would work with Diane Malcolmson and Town Counsel to look for a solution and expressed the opinion that the removal of the dogs would be drastic.
Attorney DiaLessi rebutted some arguments presented including loss of property values and issues related to excessive barking. She stated that children are still seen riding their bikes and that there was a party held in the neighbor’s front yard. She invited the board to visit the property and to be a witness to the level of noise.
The Board agreed it would come by at random times. In answer to the question, Ms. Malcolmson said that in checking with the Machinton’s former town, there had not been any complaints or issues.
This Hearing will be continued.
Affordable Housing - Winslow Rd. Site
Jane Desberg, Chair of the Sharon Housing Partnership presented a Priority Development Grant Application seeking funds of $25,000 to proceed with the steps necessary to draft a Request for Proposal for development of the Winslow Road site.
Chair Grasfield read the project description:
Develop an eleven (11) acre town owned parcel as affordable housing located between Winslow Road and Hixson Farm Road. The wetlands have been flagged and the survey and perc tests completed. Based on this information, 11.31% of the parcel is deemed buildable. This parcel abuts the housing authority property Chapter 667-1 elderly/handicapped housing complex and some moderately priced single family housing. The Town of Sharon plans to build several three bedroom affordable home units on the site. 70% will be designated for local preference.
The application needs to be followed by a signed letter from the Chief Elected Official submitting the application.
VOTED: (Heitin/Roach) Voted unanimously that the Board of Selectmen approve the Priority Grant Fund Application as written.
Ms. Desberg will work with the Selectmen’s Office in getting a letter drafted to be signed by Chair Grasfield.
Avalon Bay - LIP Application
Executive Session
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session to discuss the Memorandum of Understanding (MOU) and, at the end of this discussion, to move back into Open Session and continue discussions re Avalon Bay.
The Board entered into Executive Session at 8:58 P.M.
The Board reconvened in Open Session at 9:35 P.M.
Richard A. Gelerman, Town Counsel, reported on recent changes that have been made to the draft Memorandum of Understanding in response to several letters sent by the abutters and Avalon Bay Citizen’s Advisory Committee. Items discussed included:
sewer agreement between the Town and the Town of Norwood/restrict extensions to the sewer agreement/restrict other development on this site - put public deed restriction in place;
limits to be placed on access road;
role of the Zoning Board of Appeals;
Town Counsel’s statement that he represents the “Town’s interests” and how it may be different from the neighborhood’s interests;
resistance to deed restrictions on further development;
questions re sewer-tie in for single lot at 60 Edge Hill Road;
questions re discount from Town to developer for water hook-up fees;
benefits to the Town re LIP 40B Avalon Bay development;
agreed to funds toward signalization/sidewalks/water main upgrade;
meeting goals of the Affordable Housing Plans;
request for access road restrictions in perpetuity;
water pressure issues;
primary access on Norwood Street;
value of mitigating measures (up to 4.5 million);
costs of on-site septic system;
MOU still being negotiated; and,
abutters want to be notified when Avalon Bay goes before ZBA.
This item will be continued.
Recess
The Board took a brief recess at 10:20 P.M.
The Board reconvened at 10:25 P.M.
Action Items
The Board had no changes.
Request for Banner
VOTED: (Heitin/Roach) Voted unanimously to approve a banner for Our Lady of Sorrows Church for the dates of September 11 - 18, 2006.
Award Bids - SERSG
The Board reviewed the Spring Procurements for Paper and DPW Supplies and Memo from Lara Thomas, dated May 3, 2006.
Questions were asked about Aggregate Industries, the low bidder for concrete.
VOTED: (Heitin/Roach) Voted unanimously to award the bids for Paper and DPW Supplies FY 2007 to the low bidders as listed in the attached Memo from Lara Thomas, dated May 3, 2006.
The Board will sign the Contract Award Sheets, as follows:
W.B. Mason, Co., Inc., under the SERSG Paper Supplies IFB at the prices described for a twelve month period commencing 7/1/06; and,
the bidders listed below under the SERSG DPW Supplies IFB for a twelve-month period commencing 7/1/06.
Water Meter Technical Evaluation Subcommittee
The Board discussed the withdrawal of Ed Welch from this Committee. It was recommended that the Board go forward with the number of people now serving on the Committee. Mr. Hooper was present and stated that he did not need additional technical advice. Selectman Roach recommended that the Board not make another appointment to that subcommittee.
Sharon Day
Selectman Roach made announcements about the events planned for Sharon Day to be held on June 11, 2006. He requested interested volunteers and anyone interested in having a float in the parade to step forward.
Board of Health/Resignation of Sherwin Z. Goodblatt
Chair Grasfield noted the Resignation from Sherwin Z. Goodblatt and thanked Mr. Goodblatt for his service on the Board of Health. He noted that a candidate has been queried to fill the vacancy, but that he has indicated that he is not interested. This vacancy has been posted on Cable TV.
New Advisory Committee on Energy
Chair Grasfield noted correspondence from Rosemary Tambouret, Lynn Wolbarst and Joan Spiegel wanting to start an advisory committee on energy. The Board thought it was a great idea and would like to make it a town-wide body, to include additional members from the School Department and other boards and committees. Mr. Puritz suggested that Ed Connelly be contacted as a resource to the group. Discussions will continue at the Board’s meeting of May 16.
Letter of Appreciation - Officer Kevin Bishop
Chair Grasfield read the letter from the North Attleboro Police Dept, re incident that took place on March 14, 2006 regarding an unlawful sex act taking place in that Town. Officer Bishop, while off-duty, confronted and pursued the suspect leading the North Attleboro Police to the apprehension of a sex offender.
Letter of Thanks
Chair Grasfield read a letter of thanks to the people of Sharon for his election three years ago. He is not seeking re-election, but plans to stay involved by writing for Sharonupdate.com.
Executive Session
VOTED: (Heitin/Roach) Voted unanimously to enter into Executive Session for the purpose of discussing items of Real Property Acquisition, Collective Bargaining, and Pending Litigation, and, at the conclusion thereof, to adjourn for the evening.
Roach, aye; Heitin, aye; Grasfield, aye.
The Board recessed to Executive Session at 10:45 P.M.
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