APPROVED 10-31-05
BOARD OF SELECTMEN MINUTES Date: September 19, 2005
Present: John Tuffy, Chair; Elizabeth Sullivan, Vice-Chair (arrived late); and Andre Martecchini.
Absent: No members were absent.
Staff: Richard MacDonald, Acting Town Manager; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were discussed.
REQUEST FOR EVENT PERMIT: Brittany Lampert Road Race/October 23, 2005
Ms. Laurie Reney, Board member of the Brittany Lampert Foundation, was present. She announced that this would be the final Brittany Lampert Road Race. She commented that it has been a very successful fundraiser, with no negative incidents over the years. Mr. Martecchini made a motion to grant approval for the seventh and final Brittany Lampert Road Race on Sunday, October 23, 2005, beginning and ending at Chandler School. Mr. Tuffy provided a second for the motion, which carried unanimously (2:0).
SWEARING-IN CEREMONY FOR DEREK RAPPAPORT: Firefighter/Paramedic
Ms. Nancy Oates conducted the swearing-in of Firefighter/Paramedic Derek Rappaport, such swearing-in being witnessed by Fire Chief Kevin Nord, Mrs. Rappaport, and approximately eight members of the Duxbury Fire Department in dress uniform.
TRIATHLON
Mr. Martecchini described the triathlon race, held in Duxbury on September 18, 2005, as a very successful event which showcased Duxbury nicely. The event proceeded without major problems, except for some traffic congestion. He thanked public safety officers for their assistance with and supervision of the event.
PUBLIC HEARING: AQUACULTURE GRANT APPLICATIONS
Ms. Sullivan arrived at this point.
Mr. Al Hoban (Chairman of the Shellfish Advisory Committee) and Mr. Ned Lawson (member of the Duxbury Bay Management Commission) described the process whereby the SAC and DBMC reviewed applications.
1) John Brawley, 18 Bay View Road. The SAC recommended approval of this application as amended to include no hard structures and as amended to be reduced in size to 1.5 acres. The DBMC recommended approval of the application as amended also. Mr. Martecchini expressed concerns about sailboarders in the area. Mr. Beers, Duxbury Harbormaster, explained how these concerns could be addressed through modifications to the grant boundary markers.
Mr. Martecchini made a motion to approve the amended aquaculture grant application for Mr. John Brawley as to concept, location, and size, pending all Federal, State, and Local reviews and approvals. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
2) Ms. Blake Doyle, 149 Abrams Hill Road. The SAC recommends approval of this application as amended to limit hard structures to the North/Northeast half of the lease, only in deep water. The DBMC recommends that the applicant be allowed to re-submit an application for a different location. The objections to the proposed location include: No information about the proximity of existing or historic marine grasses; limited information about existing or historical shellfish resources; pre-existing density of grants; conflicts with boat traffic.
Ms. Doyle said that it is actually better to concentrate the grants in one area, so that recreational bay users can become accustomed to the navigational issues in that area, rather than having these issues spread in many areas of the Bay. Mr. Beers said that he also favors this location. Mr. Dahlen said that he would like to see a set of criteria established whereby the suitability of a location could be determined.
Mr. Bill Driver, Cape Verde Terrace, commented on the malleable nature of the cages, and on their usefulness for advancing oysters through the juvenile stages.
Mr. Martecchini made a motion to approve the amended aquaculture grant application for Ms. Blake Doyle as to concept, location, and size, pending all Federal, State, and Local reviews and approvals. Ms. Sullivan provided a second for the motion.
Under discussion of the motion, Mr. Martecchini said that he planned to vote against the motion. He said that the DBMC has just been established. He would like to work with them prior to issuing more of these permits. Ms. Sullivan said that while she is an advocate of the DBMC, that this applicant has followed all procedures as requested, and that it seems unfair to change the rules mid-stream.
The vote on the motion was two in favor and one opposed (Martecchini).
3) Mr. Robert Knecht, 62 Cove Street. The SAC recommends approval of the application, with the provision of no hard structures, and a reduction in size to 1.5 acres. The DBMC recommends denial, stating that the proposed location is too close to the beach channel, and that marine grasses have not been shown on the application. The applicant stated that the proposed location has been moved from the beach channel area, and that the marine grasses were shown on a supplement to the application. Mr. Martecchini said that this information had not been made available to the Selectmen.
Mr. Martecchini made a motion to approve the amended aquaculture grant application for Mr. Robert Knecht as to concept, location, and size, pending all Federal, State, and Local reviews and approvals. Ms. Sullivan provided a second for the motion.
Mr. Tuffy noted that the size has been reduced, and the location has been moved to the west. There are no hard structures. Ms. Sullivan agreed that these features made her inclined to want to vote in favor of the application. Mr. Beers added that the location was moved after a negotiation process where the needs of wild fisherman were considered. Mr. Martecchini maintained his concern about voting in the absence of more substantial review of the entire aquaculture program by the DBMC. The vote was two in favor of the motion, and one against (Mr. Martecchini).
4) Mr. William McCormick, 5 Abrams Hill Road. The SAC recommends approval of this application in concept (as amended with additional terms and conditions – no hard structures) and location and size, (as amended – reduced in size to 1.5 acre) pending all Federal, State, and Local reviews and approvals. Mr. McCormick was not present at the hearing, but was spoken for by Mr. Robert Knecht. The DBMC recommends that the application not be approved in the proposed location until the following information is provided and resubmitted to the DBMC for additional review: 1) Dimensions of the area; 2) The proximity to existing and/or historical marine grasses; 3) The presence of existing and historical shellfish resources; and 4) A chart showing the location
of the proposed grant with GPS boundary data.
Mr. Beers said that he would work with the applicant to change the boundary markers, if the application is approved.
Mr. Martecchini made a motion to approve the application of Mr. William McCormick, as amended to 1.5 acres, as to concept, location, and size, pending all Federal, State and Local reviews and approvals. Ms. Sullivan provided a second for the motion.
Mr. Martecchini said that he would like to remain consistent in his concern about needing more substantial review of the aquaculture program by the DBMC. The vote in favor of the motion was 2:1 (Mr. Martecchini opposed).
5) Remaining applications: Mr. Hoban noted that the Shellfish Advisory Committee provided recommendations on all remaining applications, because they were required to do so within a certain time frame. However, the Duxbury Bay Management Commission did not have time to review the remaining applications. Ms. Sullivan asked whether there would be any objection to continuing the hearing for the remaining applications to October 24 at 7:35 PM. There were no objections.
Mr. Martecchini made a motion to continue the public hearing for the aquaculture grant applications of 1) William Bennett; 2) Peter Evans; 3) Charles White; 4) John Brawley – second application; 5) Mark Bouthillier; 6) Claire Bezdek; 7) H. McCarthy; and 8) P. McCarthy to October 24, 2005 at 7:35 PM. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
TOWN MANAGER BRIEF
Mr. MacDonald reported that the Town Green irrigation project is completed; the Animal Control Building is near completion; and the Keene Street drainage project is complete except for clean-up and paving.
DISCUSSION RE: LIQUOR LICENSE POLICY
Mr. Tuffy noted that the Trustees of the Duxbury Free Library have approached the Selectmen’s office about the possibility of obtaining a one-day liquor license for a fundraising event. Before going to the expense of obtaining liquor liability insurance and engaging a caterer, the group wanted to know whether the Selectmen would be opposed to allowing liquor events at that location. Mr. Martecchini said that he would prefer wine and beer events only. Ms. Sullivan and Mr. Tuffy said that they would not have an objection to all-alcohol events, so long as the schools were brought into the planning process to avoid issues with multiple events, and possible traffic congestion.
Ms. Sullivan noted that she would prefer that one-day liquor licenses for Town buildings be used for non-profit fundraising only. She said that she did not feel that licenses should be issued for private events in Town buildings, such as weddings. Mr. Martecchini and Mr. Tuffy agreed.
APPOINTMENTS
Local Housing Partnership: Mr. Martecchini made a motion to appoint Mr. Thomas O’Regan to be the Board of Health representative to the Local Housing Partnership, for a three-year term to expire on 6/30/08. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
North Hill Advisory Committee: Ms. Sullivan made a motion to re-appoint Mr. Robert DiRamio and Mr. Michael Marlborough to the North Hill Advisory Committee, for three-year terms, to expire on 6/30/08. Mr. Martecchini provided a second for the motion, which carried unanimously (3:0).
ADJOURNMENT
Mr. Martecchini made a motion to adjourn the meeting at 9:25 PM. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
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