Date: February 12, 2006
Date Minutes Approved: February 26, 2007
BOARD OF SELECTMEN MINUTES
Present: Elizabeth Sullivan, Chair and Andre Martecchini, Vice-Chair.
Absent: John Tuffy, Clerk.
Staff: Richard MacDonald, Town Manager; John Madden, Finance Director; and Barbara Ripley, Executive Assistant.
The meeting was called to order at 7:30 PM.
OPEN FORUM
No items were discussed.
VISIT FROM STATE REPRESENTATIVES
Representative Thomas Calter (Duxbury precincts 1 & 6) and Representative Daniel Webster (Duxbury precincts 2, 3, 4, & 5) made a visit to the Board of Selectmen meeting. Ms. Sullivan welcomed Mr. Calter, since he is new to the position. Discussion focused on the State budget. Mr. Webster commented that it is very early in the State budget season. He is hopeful that things will be slightly better for Duxbury State aid this year, but he does not expect any major change.
EXECUTE BOND SALE
Mr. Madden explained that Town of Duxbury received a favorable rate on a bond sale this week. He commended Duxbury Treasurer, Beth Conway, for her work on the sale. The bonds were issued for a variety of municipal purposes, including departmental equipment, school construction costs, and Water Department needs. The sale will be confirmed by a vote of the Selectmen.
Mr. Martecchini moved that the sale of the $1,150,000 Municipal Purpose Loan of 2007 Bonds of the Town dated February 15, 2007, to Fidelity Capital Markets Services is hereby confirmed. The bonds shall be payable on February 15 of the years and in the principal amounts and bear interest at the respective rates, as follows:
YEAR |
AMOUNT |
INTEREST RATE |
2008 |
$300,000 |
4.00% |
2009 |
$300,000 |
4.00% |
2010 |
$300,000 |
4.00% |
2011 |
$150,000 |
4.00% |
2012 |
$100,000 |
4.00% |
and further that the consent to the financial advisor bidding for the bonds, executed prior to the bidding for the bids, is hereby confirmed. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
CONTINUED DISCUSSION OF SENIOR TAX RELIEF ARTICLE
Ms. Joanne Moore, Council on Aging Director, was present. It was noted that Mr. Tuffy had some concerns about this article when it was originally presented last week. He had been concerned that the Town would be giving up control over the program by accepting the State statute (M.G.L. Chapter 59, Section 5K). However, Ms. Moore emphasized that the statute allows the municipality to make its own rules for the program. It has the benefit of taking out the middle step on taxes. Currently, the seniors are paid for their hours of work, and it is hoped that they will put the funds toward their property taxes. With adoption of the State statute, the hourly pay is subtracted directly from the participant's tax bill. It is still considered taxable income. Mr. Martecchini reported that another of Mr.
Tuffy's concerns was that, since the funds will come out of the Assessor's overlay account, that Town Meeting loses its ability to vote on the amount. However, it is such a small amount of money, that Mr. Martecchini believes that the benefits outweigh the negatives.
Mr. Martecchini moved that the Board of Selectmen support 2007 Annual Town Meeting Article #12, pertaining to Senior Tax Relief. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
MEETING OF WATER & SEWER COMMISSIONERS
Mr. Martecchini moved to adjourn the meeting of the Board of Selectmen with the intent of convening as Water & Sewer Commissioners. Second by Ms. Sullivan. Vote: 2:0:0.
Mr. Tom Daley (DPW Director) and Mr. Paul Anderson (Water Superintendent) were present to discuss the Birch Street Tank project.
The original plan for the Birch Street Tank project required a pump station. This was planned for the Surrey Lane/Stagecoach Road area. However, the Water Advisory Committee suggested the alternative of obtaining an easement from Mr. Earle Ricker on Mayflower Street. This would allow the Town to run a water main from the Evergreen treatment plant, over the land of Mr. Ricker, and up Mayflower Street to the existing water main in front of the Mayflower wells. The advantages of this alternative include: producing the optimal hydraulic situation for the entire Town; avoiding the difficulties of putting a pumping station in a residential neighborhood; avoiding daily maintenance associated with a pumping station; and fire protection /Town water for a number of properties along Mayflower Street.
The alternative plan adds $200,000.00 to the amount that would need to be bonded for the Birch Street Tank project. This would amount to a difference of $14,000 per year over the next twenty years. This amount is too small to affect water rates.
Mr. Martecchini noted that this item comes under Article 6 of the 2007 Annual Town Meeting warrant (Town capital budget). The Selectmen will be discussing and voting on the Capital budget as a whole at their meeting of February 26, 2007. Therefore, no vote was taken at this time.
Mr. Martecchini moved to adjourn the meeting of the Duxbury Water & Sewer Commissioners and to re-convene as the Duxbury Board of Selectmen. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
PLANNING & ZONING ARTICLES FOR 2007 ANNUAL TOWN MEETING
Present for the discussion of these articles were:
James Lampert, ZBA Chairman
Elizabeth Lewis, ZBA Vice-Chairman
Planning Board Vice-Chair: George Wadsworth
Planning Board Members: Angela Scieszka, Brendan Halligan, James Kimball,
and Harold Moody
Christine Stickney, Planning Director
Diane Grant, Administrative Assistant to the Planning Board
TOWN MEETING ARTICLE #34: OWNER'S PETITION TO RE-ZONE PROPERTY ON KINGSTOWN WAY (BONGI'S TURKEY FARM)
Also present were:
Thomas Pierce, property owner
Robert Galvin, Mr. Pierce's attorney
Mr. Galvin explained that the owner had received permission from the Town to expand one of the buildings for his business. However, when he went for financing, the bank had an issue with the non-conforming use. (The property is currently zoned as RC--Residential Compatibility. ) Therefore, the owner is requesting a change to Neighborhood Business zoning, which would reflect the actual use. The owner has no current plans to sell the property.
The original petition was to re-zone three parcels, all owned by Mr. Pierce. However, the owner has decided to ask for the re-zoning of only one parcel.
Mr. Wadsworth, Planning Board Vice-Chairman, said that the Planning Board held a public hearing on the petition on February 5, 2007. They have taken the matter under advisement until February 26, at which time the Planning Board is expected to vote. One of the issues under consideration is whether this amounts to spot-zoning.
Mr. Martecchini said that we clearly have a business at this location, and that it makes sense to have the zoning reflect this. Ms. Sullivan agreed, adding that the Bongi Turkey Farm Business has been an excellent community business.
Mr. Martecchini moved that the Board support Article 34 of the Annual Town Meeting Warrant, pertaining to the re-zoning of land owned by Mr. Thomas Pierce. Second by Ms. Sullivan. Vote: 2:0:0.
ANNUAL TOWN MEETING ARTICLE #28: Amend "Coverage" definition in Duxbury Protective Bylaw
Ms. Stickney said that this article was the result of a collaboration between the Planning Board, Conservation Commission, Inspectional Services Department, and Zoning Board of Appeals. The purpose of the article is to clarify the definition, so that "coverage" is being calculated the same way between commissions and departments.
Ms. Sullivan noted that, in the proposed definition, projections from buildings would be considered "coverage", even if they are above ground. She said that this will add to the difficulty of being able to improve one's property. Planning Board members said that the projections prevent stormwater from entering the ground and re-charging. Mr. Martecchini said that this is not true, that it depends on wind direction, and that the water normally finds its way under the projection.
Ms. Lewis agreed that the projection issue is problematic. For example, a surveyor normally makes calculations from the ground. Now, calculations will have to be made from the roof.
After further discussion, Mr. Martecchini moved that the Board of Selectmen support 2007 Annual Town Meeting Article #28, pertaining to the definition of "coverage" in the Protective Bylaw. The motion failed. Vote: 0:2:0.
ANNUAL TOWN MEETING ARTICLES #31 & 32: DEFINITIONS OF GRADE & HEIGHT
Ms. Stickney said that in the current Protective Bylaw, there is no definition for "Grade". Sometimes, people alter the ground before they build structures. These articles attempt to determine whether "height" should be measured from the natural grade or the altered grade.
Mr. MacDonald noted that these definitions would be very difficult to enforce.
It was also noted that floodplain issues can have an impact here. Houses are sometimes mounded to avoid floodplain problems.
Mr. John Wisbach, 52 Josselyn Avenue, noted a situation on Landing Road where the houses were mounded due to floodplain issues.
After further discussion, Mr. Martecchini moved that the Board of Selectmen support 2007 Annual Town Meeting Article #31, pertaining to the definition of "Grade" in the Protective Bylaw. Second by Ms. Sullivan. Motion failed. Vote: 0:2:0.
Next, Mr. Martecchini moved that the board of Selectmen support 2007 Annual Town Meeting Article #32, pertaining to the definition of "Height" in the Protective Bylaw. Second by Ms. Sullivan. Motion failed. Vote: 0:2:0.
ANNUAL TOWN MEETING ARTICLE #33: PIERS
Mr. Lampert explained that the Protective Bylaw currently requires the Zoning Board of Appeals (ZBA) to require that a pier is built over the shortest distance of salt marsh. The ZBA would like the Conservation Commission to take the lead in suggesting the best design of piers.
After further discussion, Mr. Martecchini moved that the Board of Selectmen support 2007 Annual Town Meeting Article #33, pertaining to the design of piers. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
ANNUAL TOWN MEETING ARTICLE #25: MULLEN RULE
Ms. Stickney explained that this provision was just added to the Massachusetts General Laws in 2006. Adoption of this law by the Town allows members of boards, committees and commissions to participate in voting on an adjudicatory matter even though they may have missed one of the prior meetings. Before such vote, however, the "missing" member must certify that he/she has examined all evidence of the missed hearing.
Mr. Lampert said that adoption of this Rule will greatly help the ZBA, especially with Chapter 40B applications. Mr. Martecchini said that this is long overdue, and agreed that it will help the Town.
Mr. Martecchini moved that the Board of Selectmen support 2007 Annual Town Meeting Article #25, pertaining to adoption of M.G.L. Chapter 39, Section 23 (the Mullen Rule). Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
ANNUAL TOWN MEETING ARTICLE #29: PLANNED DEVELOPMENT APPLICATION PROCEDURES
Ms. Stickney explained that there are very complicated land use development issues surrounding the remaining Planned Development parcels in Town. Therefore, the Planning Board would like to require applicants to submit Preliminary Qualification materials prior to a formal application. In that way, some problems can be addressed in advance. Without this Town Meeting article, submission of a Preliminary Qualification prior to the formal application is optional.
Mr. Lampert said that he has not yet been able to clarify whether State law would permit this requirement. Mr. Martecchini suggested postponing a vote on the article until this clarification is received from Town Counsel.
ANNUAL TOWN MEETING ARTICLE #26: ZONING MAP/ AMENDMENTS TO PUBLICLY-OWNED LANDS DISTRICT
Ms. Stickney explained that this amendment includes recent acquisitions by the Town. In addition, due to a resident's inquiry, the map has been revised to show a third category---Duxbury Housing Authority (Town/State entity) for depiction only.
Mr. Martecchini moved that the Board of Selectmen support 2007 Annual Town Meeting Article #26, pertaining to amendments to the Publicly-Owned Lands District of the Duxbury Zoning Map. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
ANNUAL TOWN MEETING ARTICLE #27: REVISIONS TO ENTIRE ZONING MAP
Ms. Stickney reported that the entire zoning map has been updated to reflect lots as they appear in 2006 per our Geographic Information System (GIS) data. All sheets will have these changes plus other minor revisions that have been discovered since the original revision of the map in 2004.
Mr. Martecchini moved that the Board of Selectmen support 2007 Annual Town Meeting Article #27 which updates the entire Duxbury Zoning Map. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
ANNUAL TOWN MEETING ARTICLE #30: DEMOLITION DELAY PROCEDURES
Ms. Barbara Kiley, Chairman of the Duxbury Historical Commission was present. She said that this article was presented to Town Meeting last year, and was defeated by only six votes. She noted that the Town has had a Demolition Delay Bylaw since 1999. A six-month delay is not enough of a deterrent to persuade buyers to consider alternatives to teardowns. The article seeks to increase the delay period to twelve months.
Ms. Sullivan said that this could have a detrimental effect on those people who just want to do a partial demolition so that they can improve their homes. She feels that the Town Meeting article is too restrictive for homeowners.
Mr. Martecchini said that he is in favor of the article. The permitting process for doing anything with a property takes six months anyway. Therefore, the Demolition Delay Bylaw does not accomplish much unless it adds some time to that.
Since it was obvious that any vote on this would result in a tie, the matter was tabled until three Selectmen would be present.
ANNUAL TOWN MEETING ARTICLE #3: COMPENSATION OF ELECTED OFFICIALS
Mr. MacDonald noted that neither the Moderator nor the Town Clerk has requested a raise for FY08. The Finance Committee has recommended that compensation of all Town officials remain the same as in FY07.
Mr. Martecchini moved that the Board of Selectmen vote to support 2007 Annual Town Meeting Article #3 in the amounts shown under the "Requested" column of the Warrant. Second by Ms. Sullivan. Motion passed. Vote: 3:0:0.
TOWN MANAGER BRIEF
· All departments are extremely busy with Town Meeting preparation.
· The Cable Advisory Committee deserves recognition for their efforts to resolve the Town's contract with COMCAST. Hopefully there will be a resolution soon.
ISSUING TOWN MEETING WARRANTS
Annual Town Meeting: Mr. Martecchini moved that the Board of Selectmen issue a warrant for the 2007 Annual Town Meeting containing 42 articles, with final language and ordering as shown in the draft dated 2/12/07. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
Special Town Meeting: Mr. Martecchini moved that the Board of Selectmen issue a warrant for the 2007 Annual Town Meeting containing 9 articles, with final language and ordering as shown in the draft dated 2/9/07. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
MINUTES
Mr. Martecchini moved to accept the minutes of February 5, 2007 as written. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
ANNOUNCEMENT
Ms. Sullivan urged all registered voters to attend the Annual Town Meeting on March 10, 2007 beginning at 9:00 AM in the Performing Arts Center.
ADJOURNMENT
Mr. Martecchini moved to adjourn the meeting at 9:34 PM. Second by Ms. Sullivan. Motion passed. Vote: 2:0:0.
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