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2003-3-5 Board of Selectmen Minutes

BOARD OF SELECTMEN                                              March 5, 2003

The meeting was called to order at 7:33 p.m.  Present were Chairman John Tuffy, Selectmen Elizabeth Sullivan and Andre Martecchini and Town Manager Rocco Longo.

OPEN FORUM:  There was no one present for this portion of the meeting.

CPC LAND ACQUISITION ARTICLE 13:  The selectmen went directly to this agenda item since the representatives for STM Article 4 and Kidsave International were not present at this time.

Holly Morris of the Community Preservation Committee spoke about the proposed purchase of 11.52 acres of open space on Franklin Street.  Paul Swanson has offered this to the town for its assessed value of $71,800.  The Purchase and Sale was signed and an August passing date has been set.  This land is significant because it is contiguous with the existing Trout Farm land.  

Betsy Sullivan moved to approve the Community Preservation Committee’s Land Acquisition Article 13 purchase of Paul Swanson’s land on Franklin Street, identified as Duxbury Assessors’ Lot 020-033-000 and consisting of 11.52 acres for a purchase price of $71,800 plus costs.  Andre Martecchini seconded.  The board voted in favor, 3-0.

KIDSAVE INTERNATIONAL – MIRACLE WALKATHON FUNDRAISER:  Katie Boc addressed the board about this organization, which brings international children from various institutions to the area for 8 weeks each summer to live with local families and attend summer camps.  She expects 40-50 walkers to participate.  The date is set for May 24, 2003 with a rain date of May 25, 2003.

Andre Martecchini moved to approve the Kidsave International Miracle Walk on May 24, 2003 (rain date May 25, 2003) subject to police department approval.  Betsy Sullivan seconded.  The motion passed, 3-0.

TOWN MANAGER REPORT:  Mr. Longo had no report to give at this time.

ONE DAY LIQUOR LICENSES – DUXBURY BAY MARITIME SCHOOL:  Two separate requests were made for one-day liquor licenses.  TIPS training  and liquor liability insurance are in place.  

The first was for a party to honor Sherm Hoyt for his service to the school.   Betsy Sullivan moved to approve the application for a one day liquor license for the Duxbury Bay Maritime School for  April 14, 2003 at the Duxbury Senior Center from 6:30 to 8:30PM to honor Sherm Hoyt.   Andre Martecchini seconded.  John Tuffy added a condition that the Emcee announce the location of the fire exits at the start of the party.  The board voted in favor, 3-0.

The second was for the “Opening of the Bay Clam Jam”, an annual fund-raiser held at Mattakeesett Court under a tent.  Betsy Sullivan moved to approve the application for a one day liquor license for the Duxbury Bay Maritime School for Friday, May 23, 2003 from 6:30 to 11:30.  Andre Martecchini seconded.  John Tuffy noted that the police chief stipulated that due to the number of guests, a police detail would be necessary.  The motion passed, 3-0.

MINUTES OF FEBRUARY 24, 2003:  Andre Martecchini moved to accept the minutes as written.  Betsy Sullivan seconded.  The motion passed, 3-0.

VOTING ON ARTICLES:  
ARTICLE 6 – CAPITAL BUDGET      
Andre Martecchini moved to reconsider the previous vote on the capital budget.  Betsy Sullivan seconded.  The motion passed, 3-0.

At the recommendation of the DPW Director and the Water Superintendent, Andre Martecchini moved to recommend changes to Article 6, Capital Budget, Water Department items as follows:
System Rehabilitation cost change from $100,000 to $75,000.
Water Main Replacement cost  change from $45,000 to $0.
Vulnerability Assessment Cost change from $20,000 to $30,000.
These changes were applied to the FY04 FAC column of the warrant.  Net change =$0.
Betsy Sullivan seconded.  The motion passed, 3-0.

ARTICLE 21 – GRANTS AND/OR GIFTS FOR CODE COMPLIANCE AT WRIGHT BUILDING
Andre moved to reconsider the board’s previous vote on Article 21.  Betsy Sullivan seconded.  The motion passed, 3-0.

Andre Martecchini moved to support a revised motion for Article 21 to allow the acceptance of grants and/or gifts specifically awarded for the purpose of making all or part of the Wright Building ADA or otherwise code compliant.  Betsy Sullivan seconded.  The motion passed, 3-0.

The board members emphasized the importance of making sure the petitioner understands that receiving a grant or a gift for this purpose does not guarantee use of the building to the party obtaining the funding.

STM ARTICLE 4 – INCREASING NUMBER OF SELECTMEN TO FIVE:  Nicholas Pagliarulo arrived at this point and the board put aside their business to allow Mr. Pagliarulo to address them with his citizen’s petition to increase the board from 3 to 5 members.

Mr. Pagliarulo provided a printed report and an overhead presentation on statistics of 3 vs 5 member boards (currently 60/40 split in Massachusetts) as well as some of his ideas Duxbury’s problems and how additional selectmen might make a difference in handling them.

Mr. Pagliarulo mentioned patronage and croneyism several times in his presentation, but would not elaborate on any details.  He alleged fiscal irresponsibility but could not acknowledge being at town meeting to take part in votes.  Fincom and BOS members explained to him that spending is only done with town meeting approval, which requires citizen participation.  Mr. Martecchini pointed to the Town’s AA2 rating as proof of financial responsibility.  

Mr. Martecchini made a positive motion to support Special Town Meeting Article 4.  Betsy Sullivan seconded.  The motion failed, 0-3.  The members thanked Mr. Pagliarulo for his time.

ATM ARTICLES CONTINUED:  
ARTICLE 25 – PROTECTIVE BYLAW:  The board returned to its review of ATM Articles, beginning with Article 25, the amended Protective Bylaw.  This article contains the document that CPZBIC has been working on for over 2 ½ years to restructure the Bylaw and make the provisions more “user-friendly”.  

Discussion centered on the many amendments that would be taken to the floor of town meeting.  Some in attendance felt that there were too many and it would make things too confusing.  Others felt that the committee working on the plan had worked long enough, and would not last until another town meeting.  They felt the time to go before town meeting is now, even though the document itself is not perfect.  The final cleanup and fine tuning could be handled by the Planning Board.

Andre Martecchini moved to accept CPZBIC’s report and to have it presented at town meeting.  Betsy Sullivan seconded.  The motion passed, 3-0.

ARTICLE 26 – NEIGHBORHOOD BUSINESS DISTRICT REZONING – KINGSTOWN WAY
Andre Martecchini moved to endorse.  Betsy Sullivan seconded.  The motion passed, 3-0.

ARTICLE 27 – NEIGHBORHOOD BUSINESS DISTRICT REZONING – TREMONT STREET
Andre Martecchini moved to endorse.  Betsy Sullivan seconded.  The motion passed, 3-0.

ARTICLE 28 – NEIGHBORHOOD BUSINESS DISTRICT REZONING – TREMONT STREET
Andre Martecchini moved to endorse.  Betsy Sullivan seconded.  The motion passed, 3-0.

ARTICLE 29  – NEIGHBORHOOD BUSINESS DISTRICT REZONING – ALDEN ST & RAILROAD AVE
Andre Martecchini moved to endorse.  Betsy Sullivan seconded.  The motion passed, 3-0.

ARTICLE 30 – PUBLICLY OWNED LAND DISTRICT – ALL TOWN-OWNED LAND
Andre Martecchini moved to endorse.  Betsy Sullivan seconded.  The motion passed, 3-0.

ARTICLE 31 – AMENDMENT OF ZONING MAP – ADDITION OF NOTES
Andre Martecchini moved to endorse.  Betsy Sullivan seconded.  The motion passed, 3-0.


ARTICLE 40 – ELIMINATE 15% COVERAGE RATIO ON SMALL LOTS – CITIZENS PETITION
A major problem with this article is the fact that no specific percentage was offered to replace the current fifteen percent.  Discussion in favor of further consideration revolved around making small but significant improvements to older, smaller homes; for example, enlarging an existing kitchen or bath.

Comments against allowing this change included the possibility of a trend toward tearing down these smaller homes, which represent some of the town’s most reasonably priced, affordable real estate.

Andre Martecchini moved to approve the motion.  Betsy Sullivan seconded.  The motion FAILED, 0-3.

At 10:37 Betsy Sullivan moved to adjourn.  Andre Martecchini seconded.  The motion passed, 3-0.

Nancy Moody