SEPTEMBER 4, 2007 BOARD OF SELECTMEN
Chairmen John Donahue called the regular meeting of the Raynham Board of Selectmen to order at 7:22pm.
Present were John Donahue, Donald L. McKinnon and Joseph Pacheco.
Mr. McKinnon motioned and Mr. Pacheco seconded to accept the minutes of the August 21, 2007 meeting as printed. Mr. Donahue made it unanimous.
Mr. Donahue informed all that the Board was returning from an Executive Session regarding Litigation.
7:23pm-Public Hearing – Regan Circle residents complaint of noise and odors from G. Lopes, 184 Broadway.
Mr. Perry, Health Agent, was present. Mr. Donahue stated that no formal action/violation has occurred and that the Board of Health has not issued an order against G. Lopes. Kelly Pedersen, 88 Regan Circle, was present and stated that residents of Regan Circle was recently notified by the DEP regarding the site approval for G. Lopes to crush asphalt shingles as part of the company’s operation. She informed all of her concerns especially with present odors and clouds of black dust that infiltrates her yard and house; constant loud noise from the machinery; piles of dirt as high as the birm located along the rear portion of her property; containers located on the property with liquid leaking from them along with tires in a wet pond area; and the concerns for the quality of the water in the
neighborhood. She said that Mr. Lopes and his foreman has been contacted on numerous occasions about their concerns and has cooperated in alleviating them. Mrs. Pederson stated that she would like to be informed of the permanent intent of G. Lopes operation and his solution to the issues. Kathryn Ciliberto, 38 Regan Circle, was present and informed that her home is the furthest from G. Lopes main operation, but the quality of life for her family has diminished due to the black dust filtering into her home, noise and the heights of the dirt pile. Mrs. Pederson stated that approximately two weeks ago an odor filled the air that just made you sick when you stepped outside. Sandra Willis, 151 Regan Circle, was present and informed that the family pools has constant black dirt floating on the water. Mrs. Willis stated that a previous agreement with G. Lopes was for their Saturday operations to begin no earlier than 8am, but informed the operation
starts well before 8am. Lisa Livingstone, 54 Regan Circle, was present and said she has contacted Mr. Lopes and his foreman numerous times regarding issues such as the recent foul odor two weeks ago to noise of dump trucks as early as 3am. Christine Nelson, 126 Regan Circle, was present and stated that not just noise and odor is a concern, but also vibration in her home. Mr. Benedelli from the North Raynham Water District was present and stated that the operations of G. Lopes was in a Zone 2 area which does not allow manure of any type to be stored on the property.
He stated that the recent approval from DEP regarding the asphalt operation does not seem to be an issue for the Water District, but has requested monitoring for the site. Shephard S. Johnson, Attorney for
G. Lopes Construction and Mr. Gilbert Lopes Jr., owner of G. Lopes were present. Mr. Lopes stated that the operation at 184 Broadway contains no hazardous materials. Mr. Lopes admitted to storing cow manure on the property over the winter months, but said that it has been completely removed. Attorney Johnson informed that Mr. Lopes has hired Greenspan Environmental to conduct tests regarding the concerns with air quality and noise. Attorney Johnson stated that siltration has been installed around the property for any concerns regarding the quality of water. Attorney Johnson stated that the operation at 184 Broadway is not a nuisance and that all residents who moved into Regan Circle knew of the operations at G. Lopes. Green Seal Environmental representative said that a series of test regarding
air and noise was conducted on August 28, 29, and 30 during normal operating hours only and the location of the equipment was installed on top of the berm. The Board was informed that test results would be available within two weeks. Mr. Lopes stated that the concerns with a dumpster noise at 3am could not be from his property, but probably was from Market Basket. Green Seal Environmental representative informed that the report would contain recommendations for sound monitoring, equipment location, dust control and stock piling. Attorney Johnson stated that Mr. Lopes is responsive and will take every effort possible in taking an aggressive approach to the issues at hand.
Mr. Lopes addressed the concern regarding vibration and said a seismologist was hired when complaints were brought to his attention, and the equipment, which was causing the vibration, was removed from the property. Mrs. Pederson expressed concerns regarding a roadway where trees have been completely cleared during the past ten years. Mr. Perry stated that a nuisance has taken place and that the noise and dust complaints should be looked into. Mr. Perry suggested a definite time frame in which the Board would receive a copy of the test results from Green Seal. Attorney Johnson stated that all results would be available in two-weeks.
Mr. Donahue asked that a copy of the reports be forward to the Board on September 21, 2007. Board members asked Mr. Lopes for the proposed site of the asphalt operation. Mr. Lopes said that the asphalt would actually be crushed at their Taunton location and trucked to the Broadway site to process, which would be located in the front of the property. Mr. Perry asked if the cow manure has been permanently removed. Mr. Lopes confirmed that it has been and that he would not be bringing in any more manure to the site.
Mr. Donahue suggested having a representative from G. Lopes to sit with neighbors to talk about concerns. Mr. Lopes welcomed the suggestion to speak with the neighbors.
Attorney Johnson asked the Board for an extension for the submittal of the test reports until the parties meet. Mrs. Pederson presented the Board with photos taken of the G. Lopes property. Residents agreed to meet with G. Lopes on September 15, 2007; air and noise reports to be forwarded to the Board on October 9, 2007 and the Public Hearing continued until October 16, 2007 with periodic updates to Mr. Perry.
8:50pm – Public Hearing Closed
Mr. Donahue read correspondence from John Lucier, Park & Rec. Commission regarding his resignation. Mr. McKinnon motioned and Mr. Pacheco seconded to accept with deep regrets. Mr. Donahue made it unanimous.
Board Members agreed to schedule a joint meeting with Park & Rec. Mr. Donahue informed all that applications would be accepted through September 18, 2007.
Mr. Buckner’s Town Administrator’s Report was reviewed.
Mr. McKinnon discussed the different tribes associated with the Wampanoag tribe and said that a Rhode Island tribe has challenged the Governor of MA and Indian Affairs regarding the proposed site for the proposed Middleboro casino.
Mr. Pacheco informed all that the Governor has delayed the decision on the Middleboro casino.
Mr. Pacheco said that an intern from Bridgewater State College would be starting next week in the Town Offices.
Mr. Donahue commented on Officer Silveria and his enforcement of speed throughout the Town.
Mr. Donahue commended Mr. Stolte on the landscape around Town especially at the Merrill School and Borden Colony.
Mr. Donahue complimented the organizations throughout Town who have suspended activities after dark due to the threat of EEE.
Correspondence - Park & Rec forwarded a request for a 1-day liquor license for the Lions Club on September 8, 2007. Mr. McKinnon motioned and Mr. Pacheco seconded to approve the 1-day liquor license for the Lions Club on September 8, 2007. Mr. Donahue made it unanimous.
Correspondence – The Board received from Central Auto Group/Central Dodge a request to approve the use of rental land for additional parking of their cars. Mr. McKinnon informed that the area Central Dodge will be renting has been used previously for many years. Mr. McKinnon motioned and Mr. Pacheco seconded to approve the use of rental land, an area of approximately 75 feet by 300 feet, for additional parking. Mr. Donahue made it unanimous.
Correspondence – The Board received from the Daughters of American Revolution a request for a proclamation for Bells Across America week, September 16-23, 2007. Mr. McKinnon motioned and
Mr. Pacheco seconded to proclaim September 16-23, 2007 as Bells Across America week in Raynham.
Mr. Donahue made it unanimous.
Correspondence – The Board received a letter addressing concerns for the proposed Middleboro casino from Linda Turner of 27 Walter Drive. Board Members asked that information be forwarded to Ms. Turner regarding upcoming scheduled meetings regarding the proposed Casino.
Correspondence – The Board received an acknowledgement letter from Senator Pacheco regarding Bill 2531.
Correspondence – The Board received a request for Raynham to take part in the MA Recycling Campaign. Mr. McKinnon motioned and Mr. Pacheco seconded to participate in the MA Recycling Campaign. Mr. Donahue made it unanimous.
Correspondence - The Board received comments from Mr. Mastria of Mastria Subaru regarding the loading and unloading of vehicles on Rt. 44. Mr. Pacheco suggested Officer Silveria visit the area of auto dealerships along Rt. 44 during his patrol.
Correspondence – The Board received requests for Tag Days as follows: Gamma Phi Beta, September16, 2007; Air Force ROTC, car wash at Wal-Mart on October 6 & 7, 2007; Bridgewater/Raynham Regional High School, car wash at Wal-Mart on September 22, 2007; and Bridgewater Swim Team, car wash at Wal-Mart on September 15, 2007. Mr. McKinnon motioned and Mr. Pacheco seconded to approve the above listed Tag Days pending approval from the Water District. Mr. Donahue made it unanimous.
9:30pm – Mr. McKinnon motioned and Mr. Pacheco seconded to adjourn for the performance of administrative duties, signing Bills and Warrants with no business to be conducted afterwards.
Mr. Donahue made it unanimous.
Respectfully submitted,
Dawn M. Caradonna, Recording Secretary
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