BOARD OF SELECTMEN June 3, 2002
The meeting was called to order at 7:05 p.m. Present were Selectmen John Tuffy, Chair, Andre Martecchini, Elizabeth Sullivan as well as Rocco Longo, Town Manager.
OPEN FORUM
There was no one present under the Open Forum.
EXECUTIVE SESSION
At 7:05 p.m. Mr. Tuffy moved to go into Executive Session to discuss strategy with respect to the taking, purchase, exchange, lease or value of real property and to reconvene in Open Session in accordance with Mass. General Laws, Chapter 39, Section 23, Subsection 6. A roll call vote was taken - Mrs. Sullivan "aye", Mr. Martecchini - "aye" and Mr. Tuffy - "aye."
At 7:50 p.m. there was another roll call vote taken by Mr. Tuffy as the Executive Session adjourned. Mrs. Sullivan - "aye", Mr. Martecchini - "aye" and Mr. Tuffy - "aye."
The meeting resumed in Open Session at 7:54 p.m. and there was no one present under the Open Forum.
SHELLFISH AQUACULTURE GRANT HEARING
Present for discussion with the Board of Selectmen: Donald Beers, Harbormaster and Stephen Gilbert.
The Board of Selectmen voted to grant a Shellfish Aquacultural Grant License to Stephen Gilbert as to concept and location pending all federal, state and local reviews. Primary License area request: East of Eagles Nest Point, Northwest Kirbys Flat. Size: 2 acres.
ARTICLE 3 - ACQUIRE A PARCEL OF LAND FOR OPEN SPACE PURPOSES
& Purposes of the Community Preservation Act
The Board favorably voted to execute a Purchase and Sales Agreement between Abdulkader Hamadeh and Chafik Hamadeh as Trustees of 1004 Congress Street Realty Trust and the Town of Duxbury. Description of the Land: Situated on the Northerly side of Congress Street in Duxbury and being shown as "Parcel E" on Sheet 5 of a subdivision plan shown on file at the office of the Town Clerk and recorded at Plymouth County Registry of Deeds at Book 42, Page 534. The land consists of approximately 32.4 acres, more or less. The cost of purchasing this property will be $110,000.
Board of Selectmen Meeting
Page 2 - June 3, 2002
HISTORICAL COMMISSION - DISCUSSION - STM ARTICLES - Articles 8 & 9
Present for discussion with the Board of Selectmen: Martha Himes, Co-Chair, Julia Kispert, Co-Chair, Susanna Sheehan, and Jody Hall
ARTICLE 8 - DEMOLITION DELAY BYLAW - CHANGE OF LANGUAGE
To see if the Town will vote to amend The Protective Bylaw, Section 911, by deleting throughout the term "Director of Inspectional Services" and substituting throughout in place of the deleted term the phrase "Zoning Enforcement Officer."
Ms. Himes apologized to the Selectmen as she referenced the wrong section of the bylaw that needed to be changed. The Board explained to her that the article would have to be indefinitely postponed at the Special Town Meeting on June 17, 2002.
ARTICLE 9 AMEND ZONING BY LAW, SECTION 911 - ADD 911.4 - UNAUTHORIZED DEMOLITION
To see if the Town will vote to amend its Zoning ByLaw, Section 911, by adding the following Section 911.4 entitled "Unauthorized Demolition;"
Section 911.4 Unauthorized Demolition
Any person violating any of the provisions of section 609 of this ByLaw may be subject to fines up to $2,000 for each offense.
No building permit shall be issued or be valid for a period of two (2) years after completion of such demolition with respect to any parcel or premises upon which a regulated building or structure has been demolished by an intentional or grossly negligent violation of section 609 of this Bylaw, or take any action in relation thereto.
Ms. Himes explained that the Historical Commission is seeking to penalize people who intentionally demolish old buildings that fall under the Town's demolition delay bylaw.
Mr. Martecchini felt that the article as presented did not address the concerns that the Board of Selectmen expressed regarding the same article from the March 2002 Annual Town Meeting. Mr. Martecchini was in favor of the goal of the article, but suggested that it should be amended to allow the Building Inspector to be able to issue a building permit within the two year penalty period, if in his opinion, the partially demolished building represented a safety hazard or was an eyesore to the community. As currently worded, no building permits could be issued for two years. The Historical Commission thought the Building Inspector already had the ability to issue a building permit at any time for a safety related issue. This needs to be clarified with Richard MacDonald.
Board of Selectmen Meeting
Page 3 - June 3, 2002
BUSINESS
Town Manager's Brief
Mr. Longo updated the Board on the following issues:
1. New Positions: Announce the new DPW Director by Friday of this week.
Announce 2-3 finalists for the Planning Director by the end of this week as well.
Adelphia Cable announced that they would rebate every subscriber to compensate for the recent outage. The amount of compensation will be 8 hours.
State Revenue - State's FY-03 projection may be very close to level funding. Lottery receipts will come in higher than projected due to the recent $300,000,000 (Three Hundred Million dollar) prize in one of the lottery games. The Town will need to make minimal revisions to its budget.
Emergency Management Training - Excellent Commentary from FEMA officials for the recent exercise.
Bay Road Area Shared Septic System - Final contract details and close out project.
Snug Harbor/Blue Fish Shared Septic System Review - CDM, Inc. out of Cambridge has been retained to do the review for the town in the amount of $4,500.00.
Strategic Planning Goals and Objectives - first draft - should be reviewed by the Board at a later date.
Dispatcher Contract - Ready for signature.
Montenegro Visit - Mr. Longo has been invited to participate in an opportunity to assist local government in Montenegro along with three other Town Managers from Massachusetts. The trip, which will be fully paid for by the federal government, will be for two weeks and is scheduled for the last two weeks in July.
PETITION TO RELOCATE POLE
The Board of Selectmen favorably voted to endorse the relocation of one Pole 15 on Enterprise Street. The pole is to be relocated 20' in a northerly direction at the request of the Commonwealth Electric Company.
COMMITTEE APPOINTMENT - CONSERVATION COMMISSION
The Board of Selectmen favorably voted to reappoint Samuel Butcher to the Conservation Commission for a three-year term to expire on 6/30/05.
COMMITTEE APPOINTMENT - COUNCIL ON AGING
The Board of Selectmen favorably voted to appoint William Tenhoor as a member of the Council on Aging for a three-year term to expire on 6/30/05.
Board of Selectmen Meeting
Page 4 - June 3, 2002
COMMITTEE APPOINTMENTS - PIERS
The Board of Selectmen appointed the following residents to the Pier Access and Shoreline Study Committee (PASS):
William Tenhoor
John Hegarty
Shawn Dahlen, act as liaison between the Duxbury Bay Management Committee and the Pier Study Committee.
Paul Brogna
Peter Roveto
Edward Devnew, Jr.
Heidi Pape Laird
Elizabeth Sullivan, BOS representative (non-voting member of this committee) Ms. Sullivan will be the facilitator between the two committees acting as the Board's representative on the Duxbury Bay Management Committee as well.
A member of the Planning Board will be appointed at a later time in an advisory capacity to the PASS committee as well as the Duxbury Bay Management Committee.
The charge of the committee is as follows:
Study, develop and recommend regulations and design guidelines for the siting, permitting and design of piers in Duxbury Bay.
Engage consultants or other services or materials required for the work of the PASS Committee. Such services shall not exceed $10,000 (the amount appropriated at the 2002 Annual Town Meeting), unless otherwise supplemented by private donations. All funds shall be expended under the direction of the Town Manager.
Coordinate the activities of the PASS Committee with the Bay-wide Study Committee.
Produce recommendations for consideration at the March 2003 Annual Town Meeting.
ANONYMOUS GIFT - ANIMAL SHELTER
The Board of Selectmen favorably voted to accept a generous gift in the amount of $1,000, which was made anonymously, for the new Animal Shelter.
5/20/02 Minutes
The Board voted to approve the minutes of May 20, 2002 as drafted.
Board of Selectmen Meeting
Page 5 - June 3, 2002
Miscellaneous
1. Article 11 and 12 of the Special Town Meeting
Present for discussion with the Board of Selectmen: J.R. Kent, Jr. and Jackson Kent, III of Bayside Marine Corporation.
Article 11: Amend Article 200, Section 202.1 by extending the Neighborhood Business District 4 (NB4) Boundary District and Zoning map of the Town of Duxbury.
Article 12: Amend Article 400, Section 402,3,15 of the Schedule of Use Regulations to allow boat sales, service and outdoor business and storage in the NB4 district by special permit.
Mr. Kent gave to the Board a copy, that is attached and made part of these minutes, which outlines to the Attorney General exactly what he is hoping to do with the passage of the Article 11 and 12.
The Board of Selectmen will not be meeting on Monday, June 10, 2002. They instead will meet on Wednesday, June 12, 2002 at 7 p.m. in the Mural Room - Lower Level of Town Hall.
The meeting adjourned at 8:58 p.m.
Becky Ford
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