APPROVED 10-31-05
BOARD OF SELECTMEN MINUTES Date: October 24, 2005
Present: John Tuffy, Chair; Elizabeth Sullivan, Vice-Chair; and Andre Martecchini, Clerk.
Absent: No members were absent.
Staff: Richard MacDonald, Acting Town Manager; and C. Anne Murray, Dept. Secretary.
The meeting was called to order at 7:00 PM. At that time, Ms. Sullivan made a motion to enter Executive Session, for the purpose to consider the taking, purchase, exchange, lease, or value of real property in accordance with Massachusetts General Laws, Chapter 39, Section 23B, Subsection 6, and to reconvene in Open Session afterward. Mr. Martecchini provided a second for the motion. A roll call vote was taken. Mr. Tuffy “aye”, Ms. Sullivan “aye” and Mr. Martecchini “aye”. The motion passed unanimously. (3:0)
The meeting was re-convened at 7:42 PM.
OPEN FORUM
No items were discussed.
TRANSFER OF EXISTING AQUACULTURE GRANTS / Mr. George Shamma
Mr. Shamma briefly addressed the Board as a follow up to submitted correspondence. Due to health issues he is unable to continue farming his aquaculture grant. He asked the Board to allow him to transfer his grant. He thought the moratorium was on the grants, but now understands it is on the applicants as well.
Mr. Tuffy pointed out that the moratorium adds a twist but the main concern is regarding the concept of the transfer. He cited the wording of Section 8.2.3. “A licensee proposing to transfer his/her license shall first notify the licensing authority in writing that he/she no longer wishes to operate a license and requests a transfer of his/her licensed area to a designated recipient. Such recipient shall thereupon file an application under Paragraph 7 of these Regulations. Thereafter, the application shall be treated, insofar as applicable, as a new application.”
The Board asked for some clarification of the advertised sale and made some general comments.
The Board noted that Mr. Shamma advertised the sale of his “Oyster Farm Grant.” Members noted that Mr. Shamma may sell his equipment, etc. The grant, however, may not be sold because it is a “grant” given by the Town.
Don Beers, Harbormaster, recommended Mr. Shamma’s situation be reviewed by the Shellfish Advisory Committee (SAC) for a recommendation. The SAC is meeting this Thursday.
The Board agreed. Mr. Shamma is to make arrangements with Don Beers to bring his situation to the SAC for review and recommendation, and then to return to the Board of Selectmen.
CONTINUED PUBLIC HEARING: AQUACULTURE GRANT APPLICATIONS
Before discussion of the individual grant applicants Mr. Tuffy asked someone from the Duxbury Bay Management Commission (hereafter DBMC) to give a synopsis of the recommendations.
Ned Lawson, Vice-Chair of DBMC, said the recommendations fell into three categories:
1. One grant in which there are some concerns regarding natural shellfish and location.
2. Several others that approval is recommended, but they need conditions to keep within the 3-acre limit.
3. A few grants in the area between the main channel and the Two Rock channel for which there are two divergent points of view. There is a cluster of grants already in this area and some members are concerned as to the concentration. Other members do not see that as a problem. Given that the DBMC and the SAC will be addressing this issue during the moratorium and without sufficient reason at this time to deny requests, the DBMC recommendation is for approval.
William A. Bennett, P.O. Box 2426, Duxbury.
Mr. Bennett was not able to attend. Paul Binsfield, member of the Shellfish Advisory Committee (SAC), presented on Mr. Bennett’s behalf. The requested grant is approx. 75 ft. East of existing grant and 100 ft. South of Christian Horne’s grant. Approval would bring his grant to a total of 3 acres. DBMC recommends approval. Harbormaster stated that there are no navigation concerns. No comments from the public.
Ms. Sullivan made a motion to approve the aquaculture grant application of Mr. William A. Bennett as to concept, location, and size, pending all Federal, State, and Local reviews and approvals. Mr. Martecchini provided a second for the motion. Motion unanimously passed with vote of (3:0).
Peter W. Evans, 11 Alden ST, Duxbury.
Mr. Evans stated his grant request is for 3 acres located approx. 100 ft due East of A. Bennett’s grant in cluster of existing grants. SAC and DMBC will be discussing this area further but given that there are no aesthetic or ecological concerns recommendation is for approval. Harbormaster voiced no concerns. No comments from the public.
Mr. Martecchini made a motion to approve the aquaculture grant application of Mr. Peter Evans as to concept, location, and size, pending all Federal, State, and Local reviews and approvals. Ms. Sullivan provided a second for the motion. Motion unanimously passed with vote of (3:0).
Charles B. White, 381 Washington ST, Duxbury.
Mr. White stated his grant request is for 1.4 acres approx. 100 feet East of Christian Horne’s grant. DBMC recommends approval. Harbormaster voiced no concerns. No comments from the public.
Mr. Martecchini made a motion to approve the aquaculture grant application of Mr. Charles White as to concept, location, and size, pending all Federal, State, and Local reviews and approvals. Ms. Sullivan provided a second for the motion. Motion unanimously passed with vote of (3:0).
John W. Brawley, 18 Bay View Road, Duxbury. – Second application
Mr. Brawley stated his grant application is for .5 acre in the same vicinity (Hunt’s Flat area) of the above-mentioned grant application of Mr. White. This grant application would be in addition to the 1.5 acre grant he already holds. DBMC recommends approval. Noted that the DBMC specifically liked his concept of separating the areas where he will use hard structures during the nursery stages versus soft (i.e., mesh bags) during the grow out phase. Harbormaster voiced no concerns. No comments from the public.
Mr. Martecchini made a motion to approve the aquaculture grant application of Mr. John W. Brawley as to concept, location, and size, pending all Federal, State, and Local reviews and approvals. Ms. Sullivan provided a second for the motion. Motion unanimously passed with vote of (3:0).
Mark Bouthillier, 600 Summer ST, Duxbury,
Mr. Bouthillier stated his grant application is for a 3 acres due East of Peter Evans’ grant and North of John Brawley’s. DBMC recommends approval. Harbormaster voiced no concerns. No comments from the public.
Mr. Martecchini made a motion to approve the aquaculture grant application of Mr. Mark Bouthillier as to concept, location, and size, pending all Federal, State, and Local reviews and approvals. Ms. Sullivan provided a second for the motion. Motion unanimously passed with vote of (3:0)
Claire Bezdek, 223 Marshall ST, Duxbury.
Ms. Bezdek’s grant application is for 3 acres South of the end of Two Rock Channel. Her application is being recommended for continuation.
Don Beers: Confusion regarding the grant location and location of wild shellfish in the area. He suggested to the Board to continue her hearing to a date set certain. In the interim he will arrange a meeting with the wild fishermen to try to resolve any issues.
Representative for the DBMC mentioned that in testimony from shell fishermen was that there are wild shellfish (razor clams) in the grant area, and their concern is her bouys are close to wild shell fishing area. John Carnuccio, Chairman DBMC, speculated that the bouys might have moved since her application was originally filed. DBMC concurred with Harbormaster’s recommendation. No comments from the public.
Mr. Martecchini made a motion to continue the hearing of Ms. Claire Bezdek’s grant application to 7:35pm on November 14, 2005. Ms. Sullivan seconded the motion. Motion unanimously passed with vote of (3:0)
Henry McCarthy, 231 Bolas RD, Duxbury.
Mr. Henry McCarthy requested 2 acres North of Clark’s Island with the understanding that if approved he will relinquish the one-acre grant (Grant #6424-5) he currently holds. This would give him a total of 3 acres. DBMC recommends: approval of the grant conditioned on the release of one acre of Grant 6424-5. No comments from the public.
Mr. Martecchini made a motion to approve the aquaculture grant application of Mr. Henry McCarthy as to concept, location, and size, pending all Federal, State, and Local reviews and approvals, with the condition that Mr. McCarthy relinquishes the one-acre grant (Grant #6424-5) he currently holds upon approval of this grant application from fore-mentioned authorities. Ms. Sullivan provided a second for the motion. Motion unanimously passed with vote of (3:0).
P. McCarthy, 80 North ST, Duxbury
Mr. Paul McCarthy stated his grant is for site approx. ¾ of a mile north of Clark’s Island.
DBMC recommends: Approval of the grant conditioned on the release of Mr. Paul McCarthy’s existing .57 acre grant (GRANT# 2811-2-39). No comments from the public.
Mr. Martecchini made a motion to approve the aquaculture grant application of Mr. Paul McCarthy as to concept, location, and size, pending all Federal, State, and Local reviews and approvals, with the condition that Mr. Paul McCarthy relinquishes the .57-acre grant (Grant #2811-2-39) he currently holds upon approval of this grant application from fore-mentioned authorities. Ms. Sullivan provided a second for the motion. Motion unanimously passed with a vote of (3:0)
7:45 PM PRESENTATION BY DUXBURY BAY MANAGEMENT COMMISSION (DBMC)
Mr. John Carnuccio, Chairman, explained that the DBMC was established in 2002 with the charge to develop the Draft Duxbury Bay Management Plan (hereafter “Plan”). He presented to the Board copies of the Draft Duxbury Bay Management Plan. A copy is available on the town website and one will be placed in the library soon.
In working on the Plan the DBMC recognized the following categories:
· Water Quality
· Boating & Safety
· Shellfish, Shellfishing, & Aquaculture
· Moorings
· Bay Access
· Restoration
· Bay Management
For each category they looked at the history, current state, scientific data, and current management. The Plan includes some broad recommendations. The DBMC recommended to the Board that task forces be set up to establish more specific guidelines.
Mr. Carnuccio wanted to acknowledge the efforts of the following individuals, who worked so diligently on this project:
Dan Baker
“Skip” (William A.) Bennett
Colleen Carroll
Joe Conway
Shawn Dahlen
Kathy Gould
Donald Gunster
Debra Katz
“Maggie” (Margaret) Kearney
“Jack” (Jackson S.)Kent, III
John Kolstad
Ned Lawson
Russ McAulliff (Kingston)
Jon Nash
Dick Whitney
Ex Officio Members:
Don Beers, Harbormaster
Dennis M. Pearse, Executive Officer
Betsy Sullivan, Board of Selectmen
Robert Fultz, Consultant
The Board thanked Mr. Carnuccio for his leadership of the DBMC, acknowledged the long-term commitment made by all of the above, and thanked them for their efforts.
Ned Lawson said the overall state of the Bay is very healthy with two-thirds flushed with each tidal exchange. There are, however, issues with storm water runoff and user conflicts. The pressure points are aquaculture and mooring issues, and these are the areas where task forces are needed.
Jon Nash mentioned that articles regarding the Bay will be included with the copy of the Plan put in the Library and will be added to the website.
Before moving on to other business, Shawn Dahlen brought to the Board’s attention a request for a letter in support of a No Discharge Zone for Duxbury Bay. Mr. Tuffy instructed the Secretary to draft a letter for the Board.
TOWN MANAGER’S BRIEF
1. Two, Free Flu Clinics:
For residents 65 Years or older and those with chronic conditions:
On November 3, 2005 from 9:00 AM – 11:30 AM at the Senior Center
For any resident:
On November 16, 2005 from 4:00 PM – 7:00 PM at the Senior Center
Anyone with questions should contact the Board of Health.
2. Emergency Dispensing Sites (EDS)
Mr. MacDonald mentioned that the Board of Health and Emergency Management are working to establish Emergency Dispensing Sites (EDS), which would be used in the event of pandemics or bioterrorism incidents.
3. South Shore Coalition Subregional Area Study
We received a copy of the South Shore Coalition Subregional Area Study, which is a study of regional traffic patterns. The copy will be available in the Town Manager’s office for anyone who would like to review it.
4. Conflict of Interest Matter
Mr. MacDonald alerted the Board that there is a potential conflict of interest matter regarding a member of the Zoning Board of Appeals. He has received numerous calls about it.
5. Eastern Equine Encephalitis (EEE)
Spraying has ended. Field hours remain the same.
MINUTES
Mr. Martecchini made a motion to approve the minutes of the Executive Session of October 11, 2005 as written, and given the confidential nature of the King Caesar Fund the Minutes will remain sealed. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
Mr. Martecchini made a motion to approve the Minutes of October 11, 2005 as written. Ms. Sullivan provided a second for the motion, which carried unanimously (3:0).
Mr. Martecchini made a motion to approve the Minutes of October 18, 2005 as written. Ms. Sullivan provided a second. The motion passed with Mr. Tuffy abstaining. (2:0:1).
COMMITTEE APPOINTMENTS/RE-APPOINTMENTS
No appointments or re-appointments made.
Ms. Sullivan mentioned the Youth Commission is in need of members and encourages interested parties to apply for appointment.
OTHER BUSINESS
Invitation has been extended to the Board for members to attend the Veterans’ Day observance. Mr. Tuffy will attend on behalf of the Board.
ADJOURNMENT
Mr. Martecchini made a motion to adjourn the meeting at 8:55 PM. Ms. Sullivan provided a second for the motion, which passed unanimously. (3:0).
Respectfully Submitted,
C. Anne Murray
Dept. Secretary
Town Manager / Board of Selectmen
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