The Board of Selectmen met this evening with Chairman William Hardin presiding. In attendance were Jeffrey Tufts, Frederick Clark, Patricia Webster, Carla Goodwin and Town Adm. Kevin Paicos.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve General Minutes dated 5/4/98.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve Executive Session Minutes dated 5/4/98.

Hardin read the notice RE: Memorial Day Parade on 5/25/98, for the public’s information.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve a Yard Sale for the Sons of Italy to be held at the 138 Motel parking lot on 6/6/98, with a rain date of 6/7/98, from 8:00AM to 4:00PM.

Hardin read the letter from D. Oliver.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve the Closing of roadways, as requested by D. Oliver for the OAHS Graduation ceremonies on 6/7/98, subject to the usual conditions.

Paicos noted that Special Counsel has suggested sending letters RE: the violations found during the Sting Operation to all those establishments that violated the law, warning them that if a Sting Operation at a later date finds them in violation again, further action will be taken. Paicos suggested that Special Counsel draft the letter.

Clark noted he wants the Sting Operations to continue. Tufts noted he is waiting to receive a picture of the person used in the Sting Operation. Paicos noted Chief Bates will submit a picture for the Board.

On Goodwin’s motion, seconded by Clark, the Board voted unanimously that a letter be sent to the establishments in violation noting that if there is a second violation, further action will be taken, and that the letter be drafted by Special Counsel.

RE: an incident noted in a recent Police Incident Report, the Board on Clark’s motion, seconded by Hardin, voted unanimously to hold an Adjudicatory Hearing to determine further facts.

Clark noted he wants more information on Mr. P. Lolito of LEC Consultants. He wants the names and addresses of his Contractors and sub-contractors; wants to know what the liability is to the Town; why this special designation is necessary; why McGregor & Shea needs this designation, with a list of their contractors also.

Paicos noted that Lolito is the Environmental Consultant on the MBTA project and also appears before our Conservation Commission as a botanist to defend his clients.

Paicos noted RE: McGregor, this is a precaution, and he is not exactly sure why it is being requested.

Paicos noted that he is aware that McGregor is involved with a lawsuit vs the Town of Raynham and he thinks that is why G. McGregor feels the need for this designation.

Clark’s motion, seconded by Webster to table this to the 6/2/98 meeting for further information, was not voted at this time. Tufts questioned how many times does Lolito appear before our ConCom, and does McGregor have to use this particular consultant. Goodwin questioned what the suit involves between McGregor vs Town of Raynham. M. Lincoln who was in attendance at the meeting noted that he would respond to these questions.

Motion was voted unanimously.

Attorney M. Lincoln, Attorney G. Mair in attendance.

Hardin noted that the Board has received a number of complaints RE: this project. Hardin noted the letter received from Special Counsel J. Hamilton as well as a letter from DHCD. Hardin noted that all allegations are just that until they are substantiated. Hardin noted we need to find out the facts. Hardin noted that after the meeting the list of allegations/deficiencies will be sent to the Developer for a response. At that time the Developer will be invited to a Selectmen’s Meeting for further discussion of same.

Brenda Kates, 43 Kevins Way read from a prepared statement and thanked Paicos as well as the Selectmen for this opportunity to discuss these severe problems. Kates noted she has been shuffled from department to department and between the developer to the contractors. Kates noted she wants resolution to this. Kates noted the Town representatives voted in favor of this LIP without requiring a bond for the project. Kates noted she has pictures to document the deficiencies. She noted there are drainage problems, roadway problems, lighting problems. She noted that Kristens Way has no lights or trees as promised, and has drainage problems. She noted that the Town acted without requiring a bond and the residents are left holding the bag (see attached ).

Susan Lemoie - 46 Kristens Way - Noted she is a Civil Engineer and that the Welch’s do a nice job with home construction, but she is embarrassed to say she lives in this development with a dirt road and not even a base coat. She noted she has pictures from the last storm with her kids toys floating into the next yard. She noted she has a "drainage river" between the two yards, and it is unsafe as well as unhealthy. She noted that her car has been severely damaged this winter, due to no lighting in area, her car was vandalized and spray painted. Kates noted the lack of lighting fosters the vandalism, and there have been many complaints of vandalism in the neighborhood. She noted there was supposed to be a living fence in the back berm with equal or greater value to those at the entrance way to the development. RE: living trees/fence, some people have dirt and wood chips.

Louis Fisher - 26 Kristens Way - Noted he has worked for 26 years with the US Dept. of Justice and the Welch publication states that the houses will be well built, but also the sales brochure lists there will be wide sidewalks; granite curbings; living walls behind the homes. Fisher noted that the drainage issue is so bad that 3-5 days after rainfall there is still 3-4’ of water running down the street, and it takes 6-7days of sunshine to dry up the water. Fisher expressed concern with the stagnant water sitting for days. Fisher noted the lighting problem is a public safety issue in particular in light of the vandalism issues.

Denise Bell 28-30 Kristens Way - noted she agreed with Louis Fisher’s comments.

Dianna Servello - 101 Kevin’s way - RE: advertisement in brochure for development, she was told about the benefits such as street lights, sidewalks, living walls, etc. at dozens of sales meetings as a RE Agent for the development. (see attached copy of sales brochure).

Mr. Kudcey - 93 Kevin’s Way - expressed concern with issues i.e. sidewalks, curbsides, road needing to be repaved, no streetlights.

At this point in the meeting Selectman Webster expressed concern that this meeting is grossly unfair in its format. Webster noted she wanted to hear the concerns but noted that everyone needs to work together to complete the unfinished items. Webster noted she didn’t want the meeting to get out of hand.

Bob Pearson - 68 Kevins Way - noted the water stays for 3-5 days outside his home. He also noted that he paid for a jog in his house, and has 3 bathrooms with the tile not properly installed. He noted that when it rains the kitchen gets water inside. He noted it is basically a nice house inside, but has some areas to be fixed also.

Selectman Tufts suggested RE: drainage issues that the Engineering Dept. ascertain what the problem is and make recommendations on how to get the drainage up to spec for the development. Tufts also suggested checking to see if the streetlights match the specs for the development with what is actually existing.

Paicos noted there will be several steps involved. Step 1 - to make a list of all complaints/deficiencies. Step 2 - send the Engineering Dept. out to conduct an on ground inspection per the plans approved by the Selectmen and the DHCD. Step 3 - send the list of shortcomings to the Developer and ask the Developer what his intentions are to resolve the deficiencies. Paicos noted that some things the Town cannot enforce, i.e. bathroom tiles not installed correctly, but DHCD may have an agreement on those types of items interior to the homes.

Janet Kelly - 84 Kevins Way - Questioned if the approved plan has been matched up to the existing development yet. Paicos noted no, it will be done after this meeting tonight. Kelly questioned why this hasn’t been done yet to check for the completion of the project. Paicos gave a brief explanation of the LIP process vs a typical sub-division.

Keith Lapides - 51 Kevins Way - noted that quite a bit of water has built up and is eroding his side yard as well as the driveway. He noted he has spent over $2,000 of his own money, and wants to know who will be responsible for these types of repairs. He further questioned who will be responsible when a car comes through the development and due to the water loses brakes and hits one of his kids, will be sue the Town or the Developer.

Emily Lapides - 51 Kevins Way - Questioned why are the residents in this position, with no streetlights, sidewalks and kids can’t even get off the school bus without stepping into deep water. She noted this is four years later, why is this still the same condition. She noted she is astounded that after four years the Selectmen state this is the first time they heard about these problems. She noted she can’t understand why this is happening. She noted she and her husband spent their life savings to buy a nice home in a nice neighborhood. She noted there are so many safety hazards i.e. no sidewalks, and not being able to walk in the street due to the flooding; kids are in danger with no sidewalks and high waters; property is being ruined and she is embarrassed to live there. She noted she was one of the first buyers and put her faith in Dave and Dennis Welch. She noted her kids can’t go outside the door because water is running through the yard also.

Ann Marie Worth - 106 Kevins Way - noted the motto of Welch Building is "where you love to come home". She noted she is embarrassed to live there. She noted that several lots are unsold and have become trash filled. She noted those lots could be cleaned up. She noted they started clearing to build more homes and there was a fire down there last month. She noted this is a safety hazard, and she doesn’t know if the fire was set. She noted she has two teenagers and is concerned with kids going down in the wooded area drinking and doing drugs. She also expressed concern that there is hunting going on down there.

Frank Straughn - 31 Kevins Way - Noted he saw a man walking in the development with a gun.

Anthony Sferrazza - 38 Kristens Way - Asked what the time frame is from tonight to when the engineering dept. will go out to investigate the problems. Paicos noted that within the next 1-2 months he hopes to have a list for the developer to respond to.

Sergio Servello - 101 Kevins Way - Noted the streets haven’t been swept in over 2 years and due to the excessive water, this needs to be done to get rid of sand. Paicos gave a brief explanation of the street acceptance policy and the inability of the Town to expend money on unaccepted streets for anything except keeping roads open for safety vehicles.

Michelle Torrey - 28 Kevins Way - Noted she has water in her basement up to 3’ deep. She noted she had to have the Fire Dept. come and pump out and due to this she lost her heating system already, at a cost of $500. She noted she has foundation leaks. She noted the wood used for her window sills looks like it came from other jobs. She noted she has a serious electric problem with live wires in her daughters bedroom exposed. She questioned how the occupancy permit was granted with these types of violations. She noted she still has water in her basement and she is not happy with the quality of her home construction. She noted that no one comes out to fix anything. She has gone without heat on several occasions when she lost her heat due to the water in the basement. (see attached list).

Alan Kates - 43 Kevins Way - Noted the drainage goes into the woods and there are trees sitting in 3-4’ of standing water. This is killing the trees and creating mosquito problems with standing water. He noted the trees lining one side of Kevins Way will die due to this condition.

John Horan - 22 Colleen Mary Way - Asked to see the Spec Plan and analysis of the plan given by Welch Builders and wants to know what the Town was told vs what the residents were told RE: advertisements/promises of the development. He noted he had a lake on Colleen Mary Way and has pictures with a row boat. He noted that he had water in his basement and his heating system had to be replaced along with his bulkheads. He noted he has 75 patches in the basement where water pours through into the basement. He noted Welch Builders dug a trench to try to remove the water. He noted that he ended up with cement dust in his entire house due to digging the trench. He expressed concern with probable mosquito infestation due to all the standing water over the past three months.

Jeff Pugsley - 42 Kristens Way - questioned how does acceptance of streets take place, and questioned why the Town didn’t want this development built. Hardin gave a brief explanation of the process for street acceptances.

Selectman Tufts suggested giving a description of a comprehensive permit process for the residents to know how this came about.

Roger Hill gave a brief explanation of the drainage system required by the Planning Board and the Rules and Regulations, for typical sub-divisions.

Tufts questioned if the Housing Partnership had to approve the Marketing Package.

Paicos gave a general overview of the LIP process. Paicos noted this is the first LIP process the Town went through and he was not clear who exactly had jurisdiction to enforce these issues. Paicos noted he went to the State DHCD to discuss this and the State suggested 1) to catalog the deficiencies, 2) the Engineering Dept. look at the plan filed and what actually exists, 3) a report be put together for the Developer listing all the deficiencies 4) find out from the Developer what will be done and when it will be done, 5) Then the Town based on the response of the Developer will decide what, if any further action will be taken.

Scott Kudsey - 93 Kevins Way - noted he went to a meeting with Dennis and Dave Welch and was told that Matt Welch won’t do anything further until Phase III is given approval, and wanted to know if this is true. Paicos noted the Town had no contact as such. Paicos noted that approval or disapproval of additional parts of the project in no way can be conditional on the early part of the project. Kudsey noted that at that same meeting Dennis Welch stated that his uncle Matt Welch will not let him do any work on the project due to not having approval for Phase III.

Robin Bamford - 26 Colleen Mary Way - noted she has twins and has to put them in the car to take them somewhere to go for a walk, due to the circle in the cul-de-sac having water there. She noted she has a 5 year old and she can’t let him out of the house or to get on the bus, without having to drive him, due to the water. She noted she has had to use a row boat due to the water and that her kids aren’t safe.

Robin Knowlton - 7 Colleen Mary Way - noted she has had to use a canoe in this water and that her brakes rusted in one year. She noted the builder put a load of dirt in the place where the mailbox is to be able to get her mail due to the deep water. She noted she fears a child will be found floating in this "river".

Robin Cavicchi - 60 Kevins Way - noted how much her yard has eroded due to the water. She noted that the lot next to her house is unfinished and looks like a dump. She noted she can’t let her child out to play.

Perry Tse - 77 Kevins Way - Noted he too has experienced the same problems as described i.e. drainage, water in streets, etc. He noted he wants to hear from Matt Welch why we don’t have the things that have been promised.

Hardin noted Matt Welch couldn’t be forced to speak.

Bob Worth - 106 Kevins Way - questioned what the mechanism is to enforce correcting deficiencies that are documented. Hardin noted he couldn’t speculate what action would be taken, at this time. Paicos noted he didn’t want to pre-suppose what the Developer’s actions will be. Paicos read from the DHCD letter recently received.

Keith Lapides - 51 Kevins Way - questioned why there is no bond for this development. Hardin noted this is an LIP development, not a standard sub-division.

Susan Lemoie - 46 Kristens Way - questioned if this LIP was approved by the State. Paicos stated yes. Lemoie noted that Welch Brothers want permission to fix the drainage and to do a topcoat and noted that the piping is already underground. She questioned why Welch Brothers get to continue building in Town with all these defects existing in the LIP.

Brenda Kates - 43 Kevins Way - noted that Matt Welch and the Selectmen have been aware since 4/11/97, of the problems with a petition that had 50 signatures that listed the problems. She noted that DHCD told her that Matt Welch has not complied with the requirements.

A resident, no name or address given, asked if the Selectmen agree that the marketing literature and plan need to be complied with. Paicos noted that whatever the plan states will have to be done.

Tufts noted that the marketing materials as well as the plan need to be checked for deficiencies and to see if it all matches what was approved by the Easton Housing Partnership.

A resident, no name or address given, questioned RE: LIP if the Town ever raised the issue of a bond, and wants an answer to the question of whether the issue of a bond being a requirement was ever discussed.

Resident of 14 Colleen Mary Way asked for a list, in writing, of the differences between a regular development and an LIP. Tufts noted there is a memo from the Engineering Dept. as to where the deficiencies were deviations from a regular development plan.

Kudcey - 93 Kevins Way - questioned if everyone will be notified of the meeting minutes and the letter eventually sent to the Developer as a result of this meeting. Paicos asked all who wanted a copy to call the office with these requests.

Denise Bell - 30 Kristens Way - noted that her backyard which should have a living wall, has an old construction trailer that has been trashed and is a hazard as well as an eyesore. She noted that Welch’s office abuts her property line and at the closing of her home, they assured her that the trailer would be removed. She noted that Dave Welch stated the trailer belongs to Matt Welch and he won’t move it now. M. Lincoln noted the trailer has nothing to do with this hearing.

Robert Worth - 106 Kevins Way - noted there are a number of dead standing trees on many of the lots due to sitting in deep water, and they are a hazard and could fall over anytime.

Alan Kates - 43 Kevins Way questioned if it is a breach of contract RE: no sidewalks, streetlights, drainage problems, etc. Special Counsel Mair noted that if the contract lists these items the residents should have a warranty.

Resident of 14 Colleen Mary Way - asked if there is anything else for the residents to do to expedite this situation. He noted that each family is paying taxes to this Town.

Tufts suggested allowing an "Open Comment" period for written reports to be submitted from residents. Hardin asked that anyone with written comments, submit them within the next week to the Selectmen’s Office.

Robin Knowlton - 7 Colleen Mary Way - noted they want to be kept apprised of the situation all along the way.

Selectman Goodwin suggested the group designate one or two persons to communicate with the Selectmen from the neighborhood. She noted there will be a report with the deficiencies and a letter sent to the Developer. She noted that the Board recognizes that serious problems exist and that they are all taxpayers who want to be able to be proud of their homes. Goodwin noted the process is cumbersome but tonight has begun to bring forward the deficiencies.

George Ravanis - 34 Kevins Way - questioned Matt Welch, asking if there is a problem with fixing the street.

At this point in the meeting, Matt Welch’s Attorney Ronald Chungafung noted the purpose of his and Matt’s attendance is to hear the complaints of the residents. He noted he doesn’t want to make a response until he receives the list of deficiencies from the Town. He noted that at that time he will share Matt Welch’s response with the residents.

Roger Hill questioned Special Counsel and Town Counsel as to what rights the Engineering Dept. had to go onto this property. Lincoln noted that the Engineering Dept. will need Matt Welch’s permission to go on a private way. Paicos noted he is sure there is a provision to allow access for purposes of ascertaining deficiencies.

Ann Marie Worth - 106 Kevins Way - asked if each resident could give permission to allow the Town on each of their properties. Paicos noted the Town will inspect the project in whatever way is legally possible.

Hardin reminded the residents to submit any additional information/comments, in writing, within a week, to the Office.

Tufts asked that the hearing be extended to 5/30/98, for written testimony to be sent to the Board of Selectmen, 136 Elm Street, No. Easton.

At this point in the meeting Ann Marie Worth asked the Board to identify themselves.

Each person at the table did so.

Paicos noted that Nick Mirrione wants to install a Victorian Style light in the Frothingham Elms Subdivision. Paicos noted this doesn’t interfere with the Planning Board’s Rules and Regulations. Tufts noted the height is an issue with street lamp posts. Tufts noted he wants to be sure the proposed light post will be a height that won’t interfere with trucks. Tufts noted the lights must be higher than eye level, when driving a truck. Paicos noted he recommended reporting to the Planning Board that the Selectmen have no objection as long as the height is acceptable and safe.

Clark noted that Eastern Edison should be notified to see if these proposed lights would follow Edison’s "standard". Clark noted he wants to see detailed drawings/information on the lights i.e., height, shape, placement, and are they in existence in any other area of Town or surrounding community to be seen by Board.

On Clark’s motion, seconded by Webster the Board voted unanimously to table this issue to the 6/2/98 meeting for the following information: 1) detailed drawings that show the style, size, shape, height of the proposed lights; 2) list of any areas in Town, or in surrounding communities, where they can be viewed; 3) agreement from Eastern Edison that they will be able to maintain these lights, are they up to Edison’s "standard".

Webster questioned what are the lumens, but Clark noted this information would be included in the detailed drawing/plans he has requested.

At this point in the meeting on Clark’s motion, seconded by Webster, the Board voted unanimously to take Proclamations under emergency conditions.

On Clark’s motion, seconded by Webster, the Board voted unanimously to approve Eagle Scout Proclamations for Mark Begley, Eric Hamlin and Michael Hirsch.

Paicos noted that a copy of the memo given to P. Webster, RE: Civilian Dispatch will be given to each Selectmen.

Paicos noted he attended the New Bedford City Council meeting and they agreed to disagree. Paicos noted that Raynham will be attending a New Bedford meeting on 6/10/98. Paicos noted that He will be attending and asked if any Selectmen are available that they attend.

Paicos commended those involved, in particular Wayne Southworth, with the Canoe River Awareness Day he recently attended, noting it was superb.

Paicos noted he recently attended the dedication of the living tree in memory of Officer Al Belmonte, and thanked those involved in planning the Day.

Paicos noted the upcoming retirement party for three Firefighters to be held this coming Friday.

Tufts noted that the lawns/landscaping at some buildings, i.e. Center School, are not up to the Town’s standards. Tufts asked for a policy on buildings RE: lawns/landscaping maintenance at the Center School and Pine Street Playground.

Tufts noted that we need to do something with the Zipper on Rt. 138 in the middle of the street. He noted this needs to be corrected and the State has no plans to fix this. Hardin noted the State has no plans to repave the corrugated area on Rt. 138. Tufts also noted the need for the sidewalk to be extended on Rt. 138.

Goodwin noted the resignation of B. Paras from the Board of Appeals and P. Yochim from the Planning and Zoning Board, and asked that the resignations be noted.

Hardin asked that each Board member give him a list of vacation times, before the next meeting, so he can put together the schedule of meetings for the Summer.

At 9:35PM, on Clark’s motion, seconded by Goodwin, the Board voted unanimously by roll-call to go into Executive Session for the purpose of Potential Litigation and Collective Bargaining, not to return to Open Session.

APPROVED___________________________________

DATED_____________________________________