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Selectmen minutes December 16, 2002
The weekly meeting of the Board of Selectmen was held on Monday evening, December 16, 2002 at 7:33 p.m.

Present: James F. Morey, Chairman; James M. Hardy, Clerk; Eric W. Greene
        Michael Botelho, Executive Secretary
        Karen Grabau, Adm. Assistant

Mr. Morey announced that he would not be seeking reelection in April. Extended his appreciation to the Board members for their counsel and assistance. Noted that his primary reason for not seeking another term was family commitments.

Mr. Greene stated that he was sorry to hear of the decision and noted that Mr. Morey has been an asset to the Board and that the board has worked well over the past years.

Town Clerk, Marcia Weidenfeller announced the dates and schedule for Town Election, April 12, 2003, as follows:

        Annual Town Election                                            April 12, 2003
        Nomination Papers available in Town Clerk’s Office              January 6
        Final Date to pick up Nomination Papers                         February 20
        Final Date to submit Nomination Papers                          February 24

Offices to appear on warrant for Town Election are:
        Town Clerk                      1 position              Three year term
Selectmen                       1 position              Three year term
        Assessor                        1 position              Three year term
        Assessor                        1 position              Two year term
        Assessor                        1 position              One year term
        School Committee                2 positions             Three year term
        Housing Authority               1 position              Three year term
        Housing Authority               1 position              One year term
        Library Trustees                2 positions             Three year term
        Board of Health                 1 position              Three year term
        Highway Surveyor                1 position              Three year term
        Park Commissioner               1 position              Three year term
        Water Commissioner              1 position              Three year term
        Planning Board                  2 positions             Three year term

Mrs. Weidenfeller suggested that anyone interested in taking out nomination papers should contact her office and they will have papers filled out for candidate. Also noted that fifty signatures are needed on nomination papers and all signatures must be registered voters in town.

Mrs. Weidenfeller also announced that Census Forms will be sent out either the end of this week or the beginning of next week. Boxes for return of forms will be available at all town banks, Library, and Town Hall outside Selectmen’s Office and at Town Clerk’s Office.


Steven Sears, member of the Conservation Commission and Jon Fabroski met with the Board to discuss the Carver Cotton Dam.

Mr. Fabroski stated that he and other interested residents and the Conservation Commission had met with state and federal officials last week to discuss options for the dam site. Noted that the main concern was a fish passage up river.

Board of Selectmen                              -2-                            December 17, 2002

A discussion was held regarding information Mr. Fabroski has gathered regarding grants, which would be available to either remove the dam or refurbish it. Grants are available to do a study to find out the best solution to restore the fish. Mr. Fabroski noted that there were five state agencies represented at last weeks meeting and they offered assistance with grant; felt that this was a constructive meeting; voiced his disappointment that none of the Selectmen attended.

Mr. Sears explained that the background of how the Conservation Commission became involved in the matter. Stated that the ultimate goal is to restore river and have some type of fish ladder. Meeting gave the commission an idea of what options were available and which grants were viable. Explained that either the Town or a non-partisan group could apply for the grant.

Mr. Fabroski noted that in order to apply for the grant, etc. they need the Board of Selectmen to send a letter to the owner of the dam, Mr. Heavey, requesting his approval to allow whoever does study to go on his land to conduct study. Also explained what would be included in the study.

A discussion was held regarding water rights, easements, liability, etc. It was agreed that the town needs to know what is needed to allow the study as far as DEM and DEP are concerned.

Mr. Hardy asked who was the appropriate body to go for the study, i.e. non-partisan group or Conservation Commission. Mr. Sears stated that he felt that the Conservation Commission was the appropriate group.

M/Hardy, s/Greene, a unanimous vote, move to endorse the option to apply for grants to study Carver Cotton Dam and to direct the Executive Secretary, Conservation Commission along with Jon Fabroski to be part of the grant application process.

Mr. Hardy requested that Mr. Fabroski and the Conservation Commission report back to the Board of Selectmen as process moves along.

Open Forum
Gene Ortenzi questioned what the status was on his request regarding reimbursement for engineering at his property on North Water Street and what was the status of work on the Forge Pond Dam.

Mr. Botelho explained the problems with the dam and informed Mr. Ortenzi that there was an engineering study being done and that repairs could begin in Spring.

Mr. Botelho explained the background regarding the North Water Street, i.e. flooding of land, water run-off, Order of Conditions, etc. Stated that the Selectmen had requested Conservation Commission’s engineer look over original plans and give an opinion as to how much of the engineering would have been avoided if the town’s drainage had been corrected prior to the Order of Conditions. Noted that Conservation Commission was still waiting for a response from John Delano; spoke with Susan Malloy last week; will speak to her again this week.

M/Morey, s/Hardy, a unanimous vote, move to send a letter to John Delano asking that he expedite his report on the North Water Street site.

Mr. Ortenzi noted that the Town was losing money, as he receives an abatement on the taxes on that land due to the water problem and his being unable to build on land until Conservation Commission approves.

Mr. Greene requested that Mr. Botelho inquire as to the amount of abatement Mr. Ortenzi receives from the Assessor’s Office.

Board of Selectmen                              -3-                            December 16, 2002

Town Counsel, John Steubing informed the Board that he has spoken with the Ethics Commission and has some answers regarding the appointment of John Haines, Tree Warden as Temporary Highway Surveyor. Explained potential issue was the compensation of an elected officials also serving as an appointed official has the potential for a conflict of interest. Noted that person could run for and be elected to two positions. Suggested that the best way to handle this was to designate Tree Warden, Overseer of Solid Waste and Highway Surveyor as Special Municipal Employees. Then Mr. Haines would be covered under exemption as Special Municipal Employee. Noted that he has spoken to State Ethics Commission and they agree with this option.
Also noted that as of this time, Mr. Haines has not received compensation for Temporary Highway Surveyor.

M/Hardy, s/Greene, for purpose of discussion, move that the positions of Temporary Highway Surveyor, Overseer of Solid Waste and Tree Warden be classified as a special municipal employees under the terms and conditions of General Laws Chapter 268A.

It was noted that this classification could be removed by the Selectmen, at a future date, if not needed.
VOTE: Yes – Greene, Hardy, Morey; a unanimous vote in favor.

M/Hardy, s/Greene, for purpose of discussion, move that the financial interests of John Haines and his immediate family in the positions of Temporary Highway Surveyor, Overseer of Solid Waste and Tree Warden be exempted from the provisions of General Laws Chapter 268A, Section 20.

A short discussion was held regarding special municipal employees, other positions that have been designated this way; it was noted that the position of Temporary Highway Surveyor goes away after town election.

VOTE: Yes – Greene, Hardy, Morey; a unanimous vote in favor.

Open Forum closed at this time.

M/Hardy, s/Morey, move to approve the minutes of the December 9, 2002 meeting.
VOTE: Yes – Hardy, Morey; Abstain – Greene

M/Hardy, s/Greene, a unanimous vote, move to approve the renewal of the following Class I License renewal for the period of January 1, 2003 to December 31, 2003:

        LICENSE #2
        Camping USA, Inc.
        815 Bedford Street
        E. Bridgewater, MA 02333
        1. License is Limited to sale of Utility Trailers
        2. Utility Trailers shall be limited to not more than six (6), not to be larger
                than eight (8) feet, and shall be kept in the fenced in area
        3. Overnight storage of recreational Vehicles to be limited to rear of property
        4. Hours of Operation: Monday - Saturday 9 a.m. - 7 p.m.; Sunday 10 a.m. - 5 p.m.

Board of Selectmen                              -4-                            December 16, 2002

m/Hardy, s/Greene, a unanimous vote, move to approve the renewal of the following Coin-Operated/Automatic Amusement License for the period of January 1, 2003 to December 31, 2003:

Brendon’s Pub           
James Brendon Barlow, Manager                   
579 West Street                                                 
1 Juke Box              
                        2 Pool Tables
                        3 Videos

m/Hardy, s/Greene, a unanimous vote, move to approve the renewal of the following Entertainment License for the period of January 1, 2003 – December 31, 2003:

                Brendon’s Pub
                James Brendon Barlow, Manager
                579 West Street

m/Hardy, s/Greene, a unanimous vote, move to approve the renewal of the following Common Victualer License for the period of January 1, 2003 – December 31, 2003:

        License #15                                             License #34
        Village Nook Family Restaurant                          Lighthouse Seafood
        Cheryl Litterio, Manager                                        Phyllis G. Madden
        31 Central Street                                       650 Plymouth Street
        Hours: Mon – Sat. 6 a.m. – 3 p.m.                       Hours: 10 a.m. – 9 p.m.
Sun. 6 a.m. – 1 p.m.                                    Monday - Saturday
                Friday & Sat. evening 11 p.m. – 4 a.m.

        License #33                                             License #39
        Satucket Pizzeria                                       Piece A Cake
        Craig & Lisa Thayer, Mgr.                               Maureen Quinn, Mgr.
        650 Plymouth Street                                     25 Central Street
        Hours: Monday – Thurs. 11 a.m. – 9 p.m.         Hours: Wed. 11 a.m. – 5 p.m.
                Friday & Sat. 11 a.m. – 10 p.m.                         Thurs. 12 p.m. – 7 p.m.
                Sunday 12 noon – 8 p.m.                         Fri. 11 a.m. – 5 p.m.
                                                                        Sat. 10 a.m. – 5 p.m.
                                                                        Sun. 8:30 a.m.–12 noon

M/Hardy, s/Greene, a unanimous vote, move to approve the request of James Brendon Barlow, Manager of Brendan’s Pub, 579 West Street for an extension of hours on Tuesday, December 31, 2002 until 2:00 a.m.

M/Hardy, s/Greene, for purpose of discussion, move to disapprove the request of the Old Plymouth Street Condominium Association for a streetlight at Pole #3 on Old Plymouth Street as recommended by the Chief of Police.

It was noted that the Board requests input from the Chief of Police and Building Inspector on all requests for street lights and that there is specific criteria that must be met for approval. Chief of Police, John Silva has recommended that this request not be approved as it does not meet the criteria. Mr. Greene requested that within the Board’s response to the Association, that the be informed that they can privately have a street light installed and have the cost placed on their bill.

VOTE: Yes – Greene, Hardy, Morey; a unanimous vote to disapprove the request.
Board of Selectmen                              -5-                            December 16, 2002

M/Hardy, s/Greene, a unanimous vote, move to approve the request of the Zoning Board of Appeals to book the new conference room for the first Wednesday of each month or the second Wednesday when there is a holiday.

It was noted that the work on the new conference room on the second floor is being done by students of S.E. Regional School.

M/Hardy, s/Greene, a unanimous vote, move to approve the Fortune Telling License renewal for the period of January 1, 2003 to December 31, 2003 for
                        Jeanne Eli dba Jeanne Psychic Studio
                        15A North Bedford Street

m/Hardy, s/Greene, a unanimous vote, move to approve the meeting schedule for the Board of Selectmen for 2004:

Monday, January 6               Monday, May 5                   Tuesday, September 1
Monday, January 13              Monday, May 12(ATM)             Monday, September 8
Tuesday, January 21             Monday, May 19          Monday, September 15
Monday, January 27              Tuesday, May 27         Monday, September 22
                                                                Monday, September 29

Monday, February 3              Monday, June 2                  Monday, October 6
Monday, February 10             Monday, June 9                  Tuesday, October 14
Tuesday, February 18            Monday, June 23         Monday, October 20
Monday, February 24             Monday, June 30         Monday, October 27

Monday, March 3         Monday, July 14         Monday, November 3
Monday, March 10                                                Monday, November 10
Monday, March 17                Monday, July 28         Monday, November 17
Monday, March 24                                                Monday, November 24
Monday, March 31

Monday, April 7                 Monday, August 11               Monday, December 1
Monday, April 14                                                Monday, December 8
Tuesday, April 22               Monday, August 25               Monday, December 15
Monday, April 28                                                Monday, December 22
                                                Monday, December 29

M/Hardy, s/Greene, a unanimous vote, move to approve the request of the Building Inspector to allow for an adjustment of fees for building permits, plumbing/gas permits and wiring permits to become effective January 1, 2003.

It was noted that fees have not been changed since November 1998.

M/Hardy, s/Greene, a unanimous vote, move to approve the renewal of the Common Victualer – All Alcoholic License for Connie’s Inc. dba Sergio’s, John Sergio, Manager, 34 Bedford Street to be issued upon receipt of license fee.

A discussion was held regarding the taxes owed, transfer of license process, status of transfer, ABCC role in license.

Board of Selectmen                              -6-                            December 16, 2002

M/Hardy, s/Greene, a unanimous vote, move to approve the renewal of the Class II License for the period of January 1, 2003 to January 1, 2004 as follows:

        LICENSE #1
        Edward P. Flint dba Flint & Son Used Auto Parts
        557 No. Central Street
        E. Bridgewater, MA 02333
        Restrictions: 1. No junk cars to be stored in front of fence between            
                                                         garage and roadway leading to the junk car storage area
                                  2. Hours: 8 a.m.  - 5 p.m. Mon - Sat.

It was announced that the HUGS Giving Tree still had names ornaments on it and that anyone who would like to take an name and should do so on Tuesday as gifts are due at Police Station on Wednesday.

M/Hardy, s/Greene, move to close Open Session and go into Executive Session for the purpose of discussing pending litigation with the Zoning Board of Appeals and to discuss contract issues and will not be returning to Open Session.
VOTE: Yes – Greene, Hardy, Morey; a unanimous vote in favor.

Meeting adjourned at 8:45 p.m.

        Board of Selectmen

Town of East Bridgewater, 175 Central Street, East Bridgewater, MA 02333-0386
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