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2003-6-30 Board of Selectmen Minutes
BOARD OF SELECTMEN                                                      June 30, 2003

The meeting was called to order at 7:35 p.m.  Present were Chairman Elizabeth Sullivan, Selectmen John Tuffy and Andre Martecchini and Town Manager Rocco Longo.    

OPEN FORUM:

There was no one present under Open Forum.

POLE HEARING –BIRCH STREET:

Mr. Daryl Crossman, Manager Rights of Way for Verizon requested the Board grant permission to place approximately 30 feet of conduit from Pole 9 Birch Street to Griswold Lane.  This petition is necessary in order to bring service to a new subdivision.  Mr. Martecchini requested the following verbiage be added as an additional condition subject to granting permission:

“Pavements and adjacent grounds disturbed by construction should be restored to their original condition, subject to the approval of the Town of Duxbury DPW Director.”

Mr. Crossman indicated he was in agreement with Mr. Martecchini’s request.  Mrs. Sullivan noted that letters to abutters were sent on June 18, 2003 and there has been no objection.  A letter of approval from Peter Buttkus, DPW Manager has also been obtained.

Mr. Martecchini moved the Board grant the pole petition from Verizon New England, Inc., and NSTAR Electric Company proposing to place approximately 30 feet of conduit from Pole 9 Birch Street to Griswold Lane as shown in the application dated 6/6/03, as amended.  Mr. Tuffy seconded the motion.  The motion passed 3-0.

TOWN MANAGER BRIEF

Mr. Longo provided a brief update on the following topics:
Scott Myers Appeal
Fluoride in the water
Duxbury Beach Access
Duxbury Beach Cleanup (seaweed, rocks)
Snug Harbor Septic System –7/14/03 Board of Selectmen Agenda Item
DPW Budget Presentation by Tom Daley – 7/14/03 Board of Selectmen Agenda Item
Supreme Court preserves narrow use of affirmative action in college admissions.
REQUEST TO GRANT APPLICATION FOR LICENSE TO CHRIS CONNORS (CDogs)

Mrs. Sullivan noted a letter written to the Board by Mr. Chris Connors, which indicated he would like to continue the operation of his mobile vending business d/b/a CDogs, in Duxbury, for the summer.  He would like to set up in Snug Harbor on Washington Street for the 4th of July Parade and again at the end of the parade near the school complex while the parade is ending and when the awards are being presented.  He would also like to be able to serve at functions and private parties on an ongoing basis.

Mrs. Sullivan indicated approval letters were obtained from Chief Mark DeLuca, Chief William Harriman, and Richard MacDonald, Director of Inspectional Services, subject to all of the requirements of the Inspectional Services Department.  Mr. Connors has renewed his food service permit for 2003 and per the Board of Health, if he wishes to make himself available to serve functions and private parties, he must pull a caterer’s permit for each function.

Mr. Tuffy moved the Board grant a license to Mr. Chris Connors, d/b/a CDogs, to operate a mobile vending business and set up for the 4th of July Parade.  Mr. Martecchini seconded the motion.  The motion passed 3-0.

REQUEST FOR A ONE-DAY LIQUOR LICENSE – DUXBURY RURAL AND HISTORICAL SOCIETY

Mrs. Sullivan noted a letter from the Duxbury Rural and Historical Society requesting the Board grant a One-Day Liquor License for their Art & Antiques Auction to be held on the grounds of the Nathaniel Winsor, Jr. House, 479 Washington Street on July 12, 2003 from 5:00 p.m. – 10:00 p.m.  

Mrs. Sullivan indicated the following documents were obtained:
Liquor Liability Insurance Certificate in the amount of $1,000,000.
TIP’s Certificate
Approval letter from Richard R. MacDonald, Director of Inspectional Services.
Approval letter from Chief William Harriman.
Approval letter from Chief Mark DeLuca with the stipulation that a police detail must be mandated if there is a volume of parking on Washington Street.

Mr. Tuffy moved the Board approve a One-Day Liquor License to the Duxbury Rural and Historical Society for their Art & Antiques Auction to be held on the grounds of the Nathaniel Winsor, Jr. House, 479 Washington Street on July 12, 2003 from 5:00 p.m. – 10:00 p.m., subject to approval from Chief DeLuca to arrange for a police detail if mandated.

REQUEST FOR A ONE-DAY LIQUOR LICENSE – MUSCULAR DYSTROPHY/ALS EVENT – OCEANS OF LOVE

Mrs. Abigail R. Forrest requested the Board grant a One-Day Liquor License for a Muscular Dystrophy/ALS Event called “Oceans of Love” being held on July 26, 2003 at 195 Standish Street from 5:30 p.m. – 10:00 p.m.   All proceeds from the event are to benefit the Muscular Dystrophy Association’s ALS division, which is dedicated to fight against Amyotrophic Lateral Sclerosis (ALS).

Mrs. Sullivan noted the following documentation has been obtained by Mrs. Forrest:

Certificate of Liability Insurance listing the Town of Duxbury as additional insured in the amount of $1,000,000.
TIP’s Certificate
Approval letter from Chief Mark DeLuca
Approval letter from Chief William Harriman
Approval letter from Richard MacDonald, Director Inspectional Services, subject to the applicant receiving all required permits from the Inspectional Services Department.

Mr. Martecchini moved the Board approve a One-Day Liquor License for a Muscular Dystrophy/ALS Event called “Oceans of Love” to be held on July 26, 2003 at 195 Standish Street from 5:30 p.m. – 10:00 p.m. subject to receiving all required permits from the Inspectional Services Department.  Mr. Tuffy seconded the motion.  The motion passed 3-0.

REQUEST TO HOLD A BLOCK PARTY – 51 CLEARWATER DRIVE

Mrs. Sullivan noted a letter from Lisa DeMeritt requesting permission to hold a Block Party on Saturday, July 16, 2003 from 2:00 p.m. – 11:00 p.m. at 51 Clearwater Drive.  Letters of approval were obtained from Richard MacDonald, Director of Inspectional Services, Chief William Harriman and Chief Mark DeLuca, with the stipulation that safety mandates must be adhered to in order to ensure the safety of neighboring homes.  

Mr. Tuffy moved the Board approve a request to hold a Block Party at 51 Clearwater Drive on Saturday, July 26, 2003 from 2:00 p.m. – 11:00 p.m. subject to the conditions outlined in Chief Mark DeLuca’s memo dated June 27, 2003.   Mr. Martecchini seconded the motion.  The motion passed 3-0.

CORNERSTONE LODGE - REQUEST PERMISSION TO CHARGE FOR PARKING ON JULY 4, 2003

Mrs. Sullivan noted a letter to the Board from Bruce Tenney, Treasurer of the Corner Stone Lodge A.F. & A.M. requesting permission to charge for parking on their property located at 585 Washington Street on Friday, July 4, 2003.  As in the past, there will be signs by one of their driveways stating that there would be a charge for parking on their property.  These signs would be put up on the morning of July 4th and removed one the parade is over.

Mr. Martecchini moved the Board approve the Corner Stone Lodge’s request to charge for parking on their property located at 585 Washington Street on Friday, July 4, 2003.  Mr. Tuffy seconded the motion.  The motion passed 3-0.

Mrs. Sullivan requested that Chief Mark DeLuca be informed.

THANK YOU – CHANDLER PTA - $470.00 DONATION TO FUND A CAMPERSHIP

The Board of Selectmen extended their thanks to the Chandler PTA for a $470 donation to fund a campership to the Duxbury Recreation Department Kids Camp for the summer of 2003 for a qualified Chandler student.  

Mr. Martecchini moved the Board accept with graciousness from the Chandler PTA, a check in the amount of $470.00 to fund a campership to the Duxbury Recreation Department Kids Camp for the summer of 2003 for a qualified Chandler student.  Mr. Tuffy seconded the motion.  The motion passed   3-0.  

CERTIFICATE OF VOTE – LAND SWAP – SERGE ROY, 580 FRANKLIN STREET

Mr. Longo informed the Board the “Certificate of Vote” is to convey to Serge Roy and Caroline Roy a parcel of land located at 580 Franklin Street in Duxbury, Ma. that was acquired by the Town for conservation purposes and will be used for residential purposes.  In consideration of conveyance, Serge & Caroline Roy will convey to the Town of Duxbury a parcel of land to be used for conservation purposes.  The conveyance was authorized by vote at the March 10, 2001 Annual Town Meeting (Article) by a 2/3 vote of the Massachusetts Legislature (Ch. 141 of the Acts of 2001).

Mr. Tuffy moved the Board sign a Certificate of Vote to finalize the land transfer at 580 Franklin Street.  Mr. Martecchini seconded the motion.  The motion passed 3-0.

LETTERS TO GOVERNMENT OFFICIALS – NUCLEAR ADVISORY COMMITTEE

Mr. Martecchini noted that Duxbury citizens expressed their concern relative to potential threats to the Pilgrim Nuclear Power Station at the Special Town Meeting held on May 5, 2003, by approving a resolution to request local, state and federal officials to support, as an interim measure, the placement of all but recently unloaded spent nuclear fuel at the Pilgrim Nuclear Power Station in secured dry cask storage, and to further require unloaded fuel be placed in a low-density storage pool.  As a result, the Nuclear Advisory Committee submitted letters addressed to government officials to the Board of Selectmen and requested they be reviewed. The letters were addressed to the following individuals:

Chairman Nils Diage, U.S. Nuclear Regulator Commission
The Honorable Thomas K. Reilly, Attorney General
His Excellency Mitt Romney, Governor, Commonwealth of Massachusetts
The Honorable Robert L Hedlund, Senate
The Honorable Edward M. Kennedy, Senate
The Honorable John F. Kerry, Senate
The Honorable Thomas J. O’Brien, House of Representatives
The Honorable Daniel K. Webster, House of Representatives     
The Honorable William D. Delahunt, House of Representatives
Secretary Thomas Ridge, U. S. Department of Homeland Security
Mr. Martecchini further noted the letters had been reviewed by the Board and would be signed and mailed to the individuals listed above.

Mrs. Mary Lampert, Chair, Nuclear Advisory Committee thanked the Town for their support.  She further noted on July 17, 2003, the Nuclear Regulatory Commission will hold a public meeting at 7:00 p.m. at the Executive Office Center at Bayside, 200 Mount Vernon Street, Boston, to discuss whether there is a need to update the Environmental Impact Statements (EIS) for license renewals for nuclear power reactors. Mrs. Lampert submitted a press release to the Board and encouraged representatives from Town to attend, as well as Senator Hedlund and Representatives O'Brien and Webster.

20TH ANNUAL FUNDRAISER FOR THE EASTER SEAL SOCIETY - SOFTBALL MARATHON

Mr. James Cantwell addressed the Board regarding the 20th Annual Fundraiser for the Easter Seal Society in the form of a Softball Marathon which is scheduled to be held on Saturday, August 9 and Sunday August 10, 2003.  It will begin at 10:00 a.m. on Saturday the 9th and run until 10:00 a.m. on Sunday, the 10th.  Mr. Cantwell requested the Selectmen grant permission to use the lights, and waive the light curfew for the charity game, and to waive the field fee as well.

Mr. Martecchini moved the Board vote to waive the light curfew and to waive the field fee for the 20th Annual Fundraiser for the Easter Seal Society Softball Marathon to be held on Saturday 8/9/03 at 10:00 a.m. through Sunday, 8/10/03 at 10:00 a.m.  Mr. Tuffy seconded the motion.  The motion passed 3-0.  

COMMITTEE APPOINTMENTS:
Mr. Tuffy moved the Board appoint Mr. William J. Kearney to the Cable Advisory Committee for a three-year term to expire 6/30/06.  Mr. Martecchini seconded the motion.  The motion passed 3-0.

Mr. Tuffy moved the Board reappoint Mary Beth MacQuarrie to the Cable Advisory Committee for a three-year term as ex officio, to expire on 6/30/06 and to reappoint Lynn Smith to the Cable Advisory Committee for a one-year term to expire on 6/30/04.  Mr. Martecchini seconded the motion.  The motion passed 3-0.

Mr. Tuffy moved the Board reappoint Allison Cowen and Janet Ritch to the Duxbury Cultural Council for a three-year term to expire 6/30/06.  Mr. Martecchini seconded the motion.  The motion passed 3-0.

Mr. Martecchini moved the Board reappoint Joe Messina to the Conservation Commission for a three- year term, replacing Mark Mahoney, to expire 6/30/06.  Mr. Tuffy seconded the motion.  The motion passed 3-0.

Mr. Martecchini extended his personal thanks to Mark Mahoney for the work he did as a member of the Comprehensive Plan Zoning ByLaw Implementation Committee (CPZBIC)

Mrs. Sullivan noted that additional open appointments would be addressed at the next meeting to be held on July 14, 2003.

6/16/03 MINUTES:

Andre Martecchini moved to adopt the minutes of 6/16/03 as amended.  John Tuffy seconded the motion.  The motion passed 3-0.

Mrs. Sullivan moved to adjourn at 8:20 p.m.  Mr. Tuffy seconded.  The motion passed 3-0.

Karen McCann