Date: April 23, 2007
Date Minutes Approved: April 30, 2007
BOARD OF SELECTMEN MINUTES
Present: Andre Martecchini, Chair; Jon Witten, Vice-Chair, and Elizabeth Sullivan, Clerk.
Absent: No members were absent.
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
Mr. Dick Whitney, Chairman of the Duxbury Council on Aging was present. He reported that on April 17, an appreciation luncheon was held for Duxbury Senior Center volunteers. State Representatives Thomas Calter and Daniel Webster presented a proclamation to the volunteers, thanking them for their 25,551 hours of service. Mr. Whitney read the proclamation, and noted that the volunteer service equated to hiring thirteen full-time staff people. Mr. Martecchini praised the volunteers also. He said that this Town "runs on volunteers", and that Duxbury would not be nearly so nice a place without them.
EVENT PERMIT REQUEST
Mr. Michael O'Connell, member of Duxbury Oyster Festival, Inc., was present. He requested permission to hold the second annual Duxbury Oyster Festival at the Winsor House Inn on Sunday, April 29, 2007 from Noon to 6:00 PM. The event will benefit the Oyster Festival Scholarship Fund, and Crossroads for Kids, Inc. The event will be very similar to the one held last year, with one exception. The Oyster Festival has requested permission to have an acoustic bluegrass music band play outdoors, under the tent.
Mr. Martecchini noted that the festival will help to promote the Town's oyster industry, which has been gaining recognition throughout the country, and is a very important part of Duxbury. He noted that letters have been received from public safety departments, which have listed their requirements for ensuring a safe event. He noted that all abutters within 300 feet of the property were notified about the event, and tonight's meeting, via US Mail. Two comments from abutters were received via telephone call to the Selectmen's office. Ms. Jean McCutcheon said that she has no problem with the event itself. However, she requested that the organizers make sure that the event ends on time, and that party-goers do not remain outside the Winsor House after 6:00 PM. Mr. O'Connell said that he would take
responsibility for this. Ms. Donna Stewart objected strongly to having outdoor music in the residential neighborhood. Mr. Martecchini said that the 6:00 PM ending time, and the benefits of the event to the community, lead him to support it.
Ms. Sullivan moved that the Board grant permission to Michael O'Connell, as a representative of the Duxbury Oyster Festival, Inc., to hold the Second Annual Oyster Festival at the Winsor House Inn on Sunday, April 29, 2007 from Noon until 6:00 PM, contingent upon the requirements set out by public safety officials on the event permit.
Second by Mr. Witten. Vote: 3:0:0.
PUBLIC HEARING: WINE & MALT RETAIL LICENSE APPLICATION: FOODIES DUXBURY, LLC
Ms. Sullivan announced that she would recuse herself from the discussion and votes on this topic, because the applicant is a client of the bank at which she is employed. She left the room.
Present were:
Victor J. Leon, applicant
Robert L. Allen, Jr., applicant's attorney
Mr. Martecchini asked if there were any objections to waiving the reading of the public hearing notice. There were no objections.
Mr. Allen gave a brief overview of the application. Mr. Leon described his career in the food retail business, and the success of the Foodies Urban Market operation in placeSouth Boston. Mr. Leon and his attorney emphasized that Foodies plans to invest a great deal of money in order to create a business that Duxbury can be proud of. In order to ensure the success of the venture, Foodies would like to offer a large range of products. Mr. Leon stated that, although Foodies Urban Market in South Boston does not currently sell alcohol, that they are applying to do so, because expanding the range of products aids the viability of the business.
Mr. Leon clarified that he is the owner of the Foodies business. His son, Victor G. Leon, will be the manager of the Foodies Market in Duxbury.
Mr. Leon said that he is a part-owner in a licensed restaurant in Maine, so he has some experience with alcohol sales. He said that he and his son will become TIPS certified (Training Intervention Procedures). He also said that special registers will be used which prevent under-age sales. These registers "lock" until a birth-date is given for alcohol sales.
Mr. Witten asked whether the applicant would object to a condition on the license prohibiting exterior signs advertising liquor. The applicant said that they would consider this issue.
Mr. Witten asked whether Mr. Leon or his son had ever been convicted of a felony. Mr. Leon responded that they had not.
Mr. Witten asked whether the applicant would object to a condition limiting the floor space devoted to wine/beer sales to 522 square feet (the amount shown on the application floor plan). The applicant stated that this would be acceptable, plus or minus a foot or two. He said that he understands he would have to make formal application for any substantial increment in floor space devoted to wine/beer.
Mr. Martecchini asked whether there were any comments from the public.
Mr. Brian Cook, local attorney and former Vice-President of the Duxbury Business Association, read a letter that he had prepared for the Board of Selectmen. In the letter he stated that the presence of a food market is very important to a community; not only as a source of groceries, but as a local gathering place. He urged the Selectmen to do anything they can to assist the success of the Foodies venture, so that people can start believing in the Duxbury Town center again.
Ms. Mandy Fariello, direct abutter, said that she has two concerns: a) compressor noise; and b) smells and noise related to the dumpster. She said that in the last few months of the A&P operation, that these two issues had become very problematic. Mr. Leon said that the new compressor should be much less noisy. Also, it will be moved closer to the front of the store, so it is unlikely that it will bother Ms. Fariello. Mr. Leon also said that the dumpster will be new. He wants to work closely with the neighborhood to make sure that the frequency and timing of servicing the dumpster work best for everyone involved.
Attorney Gerald Caruso introduced himself as the attorney for Duxbury Wine & Spirits, the Wine Depot & Liquors, and Bennett's General Store. He said that he will represent these stores in an appeal to the Massachusetts Alcoholic Beverage Control Commission, if the Selectmen grant a license to Foodies. He stated that the application before the Selectmen is incomplete. He said that Question 14 on the application did not list all of the entities that have a financial interest in the application. He said that the property owner, Trapelo Realty, has a financial interest. The lease gives Trapelo Realty a portion of Foodies' revenues.
Another incomplete aspect of the application is the financing information (Question 13). Mr. Caruso said that a portion of the building renovations will be financed through a loan. The ABCC should have the financing information to further investigate financial interest in the license.
Mr. Caruso then stated that the larger issue is the issue of the public good. He said that there are already an adequate number of places to buy alcohol in the Hall's Corner neighborhood. The addition of a new license will only serve to hurt the existing businesses. In fact, he said, the Duxbury Board of Selectmen denied a license application in 1998 for the Hall's Corner Store, for the reason that there were already two retail licenses in the neighborhood. Also, the Town voted (2:1) against the Massachusetts ballot question in November 2006 regarding wine sales in grocery and convenience stores. Therefore, he said that the Foodies application is not compatible with the desires of the community.
Mr. Caruso said that Foodies Market should be very successful without alcohol sales. The agreement to lease the property is not contingent upon a license to sell wine/beer. Also, he noted that the applicant has no real experience in handling alcohol sales.
Mr. Witten asked Mr. Caruso about the standard which the Massachusetts Alcohol Beverage and Control Commission uses to evaluate the vote of the Board of Selectmen. Mr. Caruso said that the ABCC would conduct a "de novo" evaluation, which means that they would look at everything from the beginning. The standard would be to make certain that the Board of Selectmen had not acted in an arbitrary and capricious manner.
Attorney Allen responded to some of the issues raised by Mr. Caruso. He said that the ABCC does not count a landlord/tenant relationship, even when the landlord earns a portion of the tenant's sales, as having a direct financial interest in the liquor license. Also, he said that financial documents, such as loan papers, are usually not even prepared by the time the applicant applies for a liquor license. His experience has been that the ABCC asks for them later in the process. The purpose of requesting the financial information is to ensure that the license applicant has enough funding to be successful.
Mr. Joseph Carroll, owner of Duxbury Wine & Spirits, said that the license application should be rejected for two reasons. First, the Town voted 2:1 to reject the "Wine in Grocery Stores" initiative on the November ballot. Second, the Selectmen rejected a retail license application in 1998 because there were already a sufficient number of licenses in the neighborhood. The same number of licenses still exists today.
Mr. John Shea, 435 Bay Road, said that the license application should be rejected because there is no public need for another place to buy alcohol in that area
Mr. Eric Johnson, Duxbury resident, said that granting a wine/malt license to Foodies is essentially a gift. Could Foodies buy an existing license instead? Mr. Carroll said that this would not help the situation since it would still result in too many stores in the area.
Mr. Martecchini said that the current situation is very different from that of 1998. In 1998, Duxbury had a grocery store in Halls Corner. The departure of the A&P has left a gaping hole in our business center. Mr. Martecchini said that he was part of a group that tried very hard for three years to fill that space. It was very difficult to find someone willing to do it. Foodies is willing to come to Duxbury, and invest a significant amount of money in the store. The applicant feels that offering wine & beer will help their enterprise to be successful.
The applicant agreed to Mr. Martecchini's request to continue the hearing in order to clarify whether additional financial information is needed.
Mr. Witten moved that the public hearing for a Wine & Malt Retail application by Foodies Duxbury, LLC be continued to May 14, 2007 at 7:35pm, pending a written extension from the applicant. Second by Mr. Martecchini. Vote: 2:0:0. Attorney Robert Allen provided a written extension on behalf of his client.
AQUACULTURE RENEWAL HEARING: GEORGE SHAMMA
Ms. Sullivan returned to the meeting at this point.
Present were:
George Shamma, Applicant
Donald Beers, Harbormaster
Al Hoban, Chair of Shellfish Advisory Committee (SAC)
This public hearing was advertised in the Duxbury Clipper on April 11, 2007. Mr. Hoban said that everything is in order to renew the grant, and indeed, the SAC voted to recommend favorable action by the Board of Selectmen.
Mr. Witten moved that the Board of Selectmen renew Aquaculture Grant #6718-2, for George Shamma, for a ten-year period. Second by Mr. Martecchini. Vote: 3:0:0.
DUXBURY STUDENT UNION UPDATE
Mr. Steve Jones, president of the Duxbury Student Union was present to give a progress report. He said that they are extremely close to signing an agreement with a management organization, and that they plan to be ready to open in mid-late May. They would like to have an Open House on prom night (May 19), so that visitors to the prom entrance festivities can stop by to see the Center. He said that they plan to introduce the Center by making summer memberships available for $25.00. In September, they plan to make annual memberships available for $125.00.
Mr. Jones provided a three-year budget for the center. He showed that $58,782.00 is needed for Year 1 (May 2007-April 2008). He also provided a schedule of fundraising activities that should more than provide the needed amount.
Mr. Jones said that a lease from the Town is needed. Ms. Sullivan said that she would first like to see the terms of agreement with the management company. It was agreed that Mr. Jones would contact the Selectmen when this is ready.
COMMITTEE ASSIGNMENTS
It was agreed that Mr. Witten would be the Select Board's liaison to the boards formerly served by Mr. Tuffy.
TOWN MANAGER BRIEF
· There is an informational meeting about the status of the Logan Airport overflight noise study on
May 2 in Congressman Delahunt's office. Mr. Martecchini, Mr. Witten, and Mr. MacDonald plan to attend.
· A new comprehensive permit application is underway for "The Commons at Tarkiln". Most of the
nine-acre property is in Kingston. However, thirty units will be proposed in Duxbury. More information
will be provided as it becomes available.
· The lottery drawing for Merry Village will be held on April 24. Only five applications were made to be in
the lottery, and only one of those applications was from a Duxbury resident. Selectmen expressed
disappointment in this result, and asked Mr. MacDonald to investigate how the application process
was advertised by the developer.
· Last week's storms created challenges with beach management. The off-road vehicle area is
temporarily closed until repairs can be made. Special attention is being paid to our endangered
species.
· Praise is due to our public safety departments who provided excellent service to the community
during the storms. Damage estimates to the Town are at approximately $500,000.00. The seawalls
seem to be okay.
MINUTES
Mr. Witten moved to accept the minutes of April 9, 2007 as written. Second by Mr. Martecchini. Vote: 2:0:1 (Ms. Sullivan abstained.)
COMMITTEE APPOINTMENT
North Hill Advisory Committee (NHAC): Mr. Witten moved to appoint Mr. Bob McGill to fill an unexpired term on the NHAC, such term to expire on 6/30/08. Second by Ms. Sullivan. Vote: 3:0:0.
OTHER BUSINESS
Conservation Commission: Mr. Martecchini recognized Dr. Thomas Gill, a member of the Conservation Commission, for completing a State course in the fundamentals of conservation commission practices. He applauded this extra effort by a citizen volunteer, noting that Conservation Commission decisions can be very technical.
West Bay Landing (Local Initiative Project (LIP) Proposal): Mr. Martecchini received a request from the Planning Board that the Selectmen collect funds from the developer for an engineering review of the proposal. He stated that he would rather not do this. He said that the process is in such preliminary stages, that there is not really enough information to conduct a review. Mr. Witten disagreed, saying that a nominal review (say $2,000.00) could be conducted in order to establish conditions for the project. He noted that the Zoning Board of Appeals cannot demand things from the developer of a Local Initiative Project that the Selectmen have not set as conditions. Ms. Sullivan agreed with Mr. Martecchini that it is too early in the process for an engineering review. She said that the
Board needs a reputation for being careful, but not for charging unnecessary fees. All three members agreed that it would be a good idea for the Selectmen and the Local Housing Partnership to set guidelines for any future LIP applications. Mr. Witten said that he could provide samples of guidelines that are used in other towns. A discussion of these guidelines was placed on the agenda for May 14.
Mr. Martecchini made a motion to request an engineering review fee in the amount of $2,000.00 from the developer of the West Bay Landing proposal. Second by Ms. Sullivan. Vote: 1:2:0. (Motion failed.)
ADJOURNMENT
Mr. Martecchini moved to adjourn the meeting at 9:35 PM. Second by Ms. Sullivan. Vote: 3:0:0.
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