BOARD OF SELECTMEN JULY 8, 2002
The meeting was called to order at 7:02 p.m. Present were Selectmen John Tuffy, Chair, Andre Martecchini, Elizabeth Sullivan and Rocco Longo, Town Manager
OPEN FORUM
There was no one present under the Open Forum
UPDATES FROM ROBERT TROY, TOWN COUNSEL
Daniel M. Mulhern, Trustee of the Adam Realty Trust vs. Duxbury Zoning Board of Appeals (Land Court Misc. No. 248268).
This action is an appeal of a Decision of the Board of Appeals denying the Plaintiff’s application for a Special Permit for alteration of a preexisting nonconforming structure on Gurnet Road. The case was tried before the Land Court in February. On March 25, 2002, the Land Court Judge that heard the case visited the site for a view. Recently a proposed Agreement for Judgment that would serve to resolve the case was forwarded.
Mr. Troy informed the Board of Selectmen the Town has negotiated a settlement. It was felt Mr. Mulhern’s proposal to expand the second floor of his home located on Gurnet Road would be detrimental. Mr. Mulhern therefore agreed to a five-year deeded restriction on the ocean side of his property. His proposed expansion on the Gurnet side however, which consisted of a 10 x 25.6 ft. deck, was no more than what everyone else has. Mr. Troy also noted there were no objections from the Board of Appeals and Building/Inspectional Services. Mr. Galvin, attorney for Mr. Mulhern, was also present and he indicated that he felt this was a good compromise.
Mrs. Marcia Dowd, an abutter to Mr. Mulhern, stated her objections, stressing the importance of retaining the character and charm the area has enjoyed for over 100 years.
Both Mrs. Sullivan and Mr. Tuffy noted they have looked at the property. Mrs. Sullivan was of the opinion Mr. Mulhern’s proposal would indeed be a compromise on the ocean side and suggested the neighbors propose a moratorium. Mr. Mulhern stated that he would agree to such a moratorium if his neighbors would agree to one as well.
The Board of Selectmen favorably voted to accept the agreement for judgement as presented by Mr. Troy.
Delano Property
Mr. Troy informed the Board of Selectmen he received a 21E report from Coneco, Environmental Consultants, and has exercised the Town’s right to conclude that the Town is not satisfied with the condition of the premises. He further stated they have until July 16th to work out two potential problems.
Officer Robert Fontaine’s Retirement
Mr. Troy informed the Board that negotiations have been concluded resulting in the subsequent resignation of Officer Robert Fontaine from the Duxbury Police Department .
As of July 1st all of Officer Fontaine’s equipment and police responsibilities have been extinguished. His resignation is effective July 21, 2002 and he will be paid for a period of five months.
Mr. Longo informed the Board he supports this recommendation and feels it is the best way to proceed because, with this agreement, a disciplinary hearing would not be necessary.
The Board of Selectmen favorably voted to execute the agreement for retirement for Officer Robert Fontaine beginning 7/1/02.
Mr. Tuffy wished Officer Fontaine all the best in his future endeavors.
OPEN FORUM
Mr. Tuffy called Open Forum once again, in case there were late arrivals. No one was present under Open Forum.
CHESTNUT ST. PROJECT - UPDATE
Duxbury’s new DPW Director, Mr. Tom Daley, provided the Board with a tentative schedule of events that will take place on Chestnut Street. He noted that Nstar’s work should be completed in a few weeks. Adelphia will follow, however, their timeframe for completion is “up in the air.” Mr. Daley also spoke to a Verizon representative who indicated they are ready to proceed once Adelphia is done.
Several homeowners who reside on Chestnut St. were in attendance and voiced their concerns regarding safety issues, i.e., the location of their mailboxes, grading problems, the need for crosswalks, and speeding. A letter from Mrs. Mary Ott, 196 Chestnut St. to Mr. Andre Martecchini, dated July 2, 2002 listing these concerns is attached and made part of these minutes.
The Board asked Mr. Daley to follow-up on these concerns and provide the Board with a more definitive report on the DPW’s course of action at the next Board of Selectmen meeting to be held on July 29, 2002. Mr. Daley also agreed to meet one-on-one with homeowners to address their specific personal property issues.
BUSINESS
Town Manager’s Brief
Mr. Longo indicated he did not have a Town Manager’s Brief.
Outside Water Restrictions
Mr. Tuffy referred to a memo from Carl Hillstrom, Water Superintendent dated July 6th which states that in order to meet anticipated Summer water use demands, he is requesting the Board impose voluntary outside watering restrictions. Outdoor watering by water users with odd numbered addresses is restricted to odd numbered days. Outdoor watering by water users with even numbered addresses is restricted to even numbered days. All outdoor watering to be done between the hours of 6:00 a.m. – 9 a.m. and 6:00 p.m. – 9:00 p.m.
Mr. Longo informed the Board that Mr. Hillstrom will come to the next Board of Selectmen meeting (or sooner if necessary) if “mandatory” water restrictions become necessary. A press release will be issued.
4th of July Committee
Mr. Martecchini formally thanked the 4th of July Committee for all the work they did to make the 4th of July festivities a success. It was very well run and the Saturday night party was a lot of fun.
Expansion of Locations to Operate a Hot Dog Cart License – Chris Connors d/b/a C Dogs
Mr. Tuffy informed the Board that Mr. Connors has decided to withdraw his application at this time.
$1,000 Donation of a Gift – Marge Parcher Fund (July 4th Parade) from The Philanthropic Society, Inc.
The Board favorably voted to accept a donation in the amount of $1,000 as a gift to the Marge Parcher Fund from The Philanthropic Society, Inc.
Committee Appointments – Re-Appointments (Nuclear Advisory Committee)
The Board of Selectmen favorably voted to appoint Kevin W. Craig, Barbara Pye and George Lewis to the Nuclear Advisory Committee for a three-year term to expire 6/30/05.
The Board of Selectmen favorably voted to re-appoint Mary Lampert and Rebecca McInnis to the Nuclear Advisory Committee for a three-year term to expire on 6/30/05.
Committee Appointment (Old Colony Planning Council)
The Board of Selectmen favorably voted to appoint Alec Clement as a delegate to the Old Colony Planning Council for a one-year term to expire 6/30/03.
Committee Re-Appointment (Old Colony Elderly Services)
The Board of Selectmen favorably voted to re-appoint Anne W. Hill to a second term as a delegate to the Old Colony Elderly Services for a one year term to expire 6/30/03.
Alternate Appointment – Zoning Board of Appeals
The Board of Selectmen favorably voted to appoint Mark Moriarty and Stephen S. Jones as alternate members of the Zoning Board of Appeals for a term of one year, to expire 6/30/03.
Municipal Commission on Disability (Re-appointment)
The Board of Selectmen favorably voted to re-appoint Lynn Smith as a member of the Municipal Commission on Disability for a three-year term to expire on 6/30/05.
Shellfish Advisory Committee (Re-appointment)
The Board of Selectmen favorably voted to re-appoint Clint Watson and Paul Binsfield as members of the Shellfish Advisory Committee for a three-year term to expire on 6/30/05.
June 24, 2002 Board of Selectmen Minutes
The Board of Selectmen favorably voted to accept the minutes of June 24, 2002, as amended.
The meeting adjourned at 9:20 p.m.
Karen McCann
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