Date: July 9, 2007
Date Minutes Approved: July 23, 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
Ms. Selden Tearse, 704 Bay Road, inquired about the status of Zoning Bylaw Section 615, which she said was declared invalid by a judge during consideration of the Bay Farm Montessori expansion case. Mr. Martecchini said that there is ongoing litigation with regard to the Bay Farm case, and so the Selectmen cannot comment on it at this time.
ONE-DAY LIQUOR LICENSE REQUEST
Ms. Allison Arnold was present to represent Mr. Patrick Browne of the Duxbury Rural and Historical Society. Ms. Arnold explained that the license is being requested for a private rental (wedding) at the Nathaniel Winsor, Jr. House. The Fire and Inspectional Services department initially had concerns about the proper functioning of exit lights and the alarm system. Ms. Arnold produced a letter stating that the alarm system received a favorable inspection on July 6, 2007, and that the exit lights are in proper working order. The Fire Department will provide an approval letter to the Selectmen's office prior to the event.
Ms. Sullivan moved that the Board grant a one-day liquor license to Mr. Patrick Browne, as a representative of the Duxbury Rural and Historical Society, to hold a wedding at the Nathaniel Winsor, Jr. House on July 28, 2007 from 5:00 PM until 10:00 PM, contingent upon meeting all requirements listed in memoranda from the Town's public safety departments. Second by Mr. Witten. Vote: 3:0:0.
SCHOOL COMMITTEE: STATEMENT OF INTEREST
School Superintendent, Susan Skeiber, and member of the School Committee were present. Member Anne Ward explained that the Massachusetts School Building Authority requires a "Statement of Interest (SOI)" from communities with school building proposals. The Committee requests that the Selectmen sign SOI's for the Middle School and High School because they are nearing the end of their fifty-year useful life. An SOI is requested for the Chandler School because of roofing problems. Ms. Sullivan commented that the current School Building Authority process is discouraging for communities like Duxbury, and seems to be skewed toward urban communities.
Ms. Sullivan moved that: Having convened in an open meeting on July 9, 2007, the Board of Selectmen of the Town of Duxbury, in accordance with its by-laws, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority Statements of Interest dated July 9, 2007 for the Chandler School, the Duxbury Middle School, and the Duxbury High School located at 93 Chandler Street, 130 St. George Street, and 130 St. George Street respectively, which describes and explains the deficiencies and the priority categories for which Duxbury may be invited to apply to the Massachusetts School Building Authority in the future; and hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an
application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the Duxbury Public Schools to filing an application for funding with the Massachusetts School Building Authority. Second by Mr. Witten. Vote: 3:0:0.
DEPARTMENT TRANSFER REQUESTS
Mr. Madden explained that M.G.L., Chapter 77, Section 1, Acts of 2006 allow for transfers between departments during the last two months of any fiscal year, or during the first 15 days of the new fiscal year, upon approval by the Selectmen and Finance Committee.
After discussion of each item, the following votes were taken:
1) Mr. Witten moved that the Board of Selectmen allow a transfer of ($1,420.77) from Harbormaster Expenses to Harbormaster
salaries, to cover a payroll deficit. Second by Ms. Sullivan. Vote: 3:0:0.
2) Ms. Sullivan moved that the Board of Selectmen allow a transfer of ($2,957.24) from the Unemployment Insurance Account to
Non-Contributory Pensions, to cover Cost of Living Allowances for retirees. Second by Mr. Witten. Vote: 3:0:0.
3) Mr. Witten moved that the Board of Selectmen allow a transfer of ($401.53) from the Veteran's Services Budget to the Public
Celebrations budget to cover a shortfall in expenses for the Memorial Day parade. Second by Ms. Sullivan. Vote: 3:0:0.
4) Ms. Sullivan moved that the Board of Selectmen allow a transfer of ($7,000.00) from Transfer Station Expenses to DPW Building
Maintenance, to replace carpets in the Police Station due to mold. Second by Mr. Witten. Vote: 3:0:0.
5) Ms. Sullivan moved that the Board of Selectmen allow a transfer of ($10,000.00) from Transfer Station Expenses to Central
Building Expenses, due to unexpected Central Building costs. Second by Mr. Witten. Vote: 3:0:0.
6) Mr. Witten moved that the Board of Selectmen allow a transfer of ($9,000.00) from Transfer Station Expenses to DPW
Administration Consultant Fees, to provide funds for an existing conditions site survey for the proposed Police Station at
Exit 11. Second by Ms. Sullivan. Vote: 3:0:0.
7) Mr. Witten moved that the Board of Selectmen allow a transfer of ($5,000.00) from Transfer Station Expenses to Lands and
Natural Resources Service Contracts, to fund a contract for tree removal (due to insect defoliation and drought). Second by
Ms. Sullivan. Vote: 3:0:0.
POLE HEARING: VERIZON NEW ENGLAND INC. & NSTAR ELECTRIC COMPANY / South Station Street
Mr. Daryl Crossman, Right-of-Way Agent for Verizon was present. He explained that the pole is necessary to provide telephone and electric service to a new residence. Mr. Martecchini noted that certified letters were sent to direct abutters about tonight's hearing. He noted that the DPW Director, Mr. Daley, requested that approval be granted with the condition that the new pole not be located any closer than two feet from the edge of the existing gravel way. He noted that the Director of Lands and Natural Resources, Mr. Buttkus, stated that a large Pitch Pine tree would have to be removed for the pole and wires. Mr. Buttkus was present and said that the tree is not in the public way, but on Town of Duxbury Water Department property. The Water Superintendent visited the site and had no objections to the
tree removal. Mr. Buttkus said, that as Tree Warden, he does not believe this is a significant or rare tree, and has no objections to its removal.
Ms. Sullivan moved that the Board approve the placement of Pole 290/10PB on South Station Street, subject to the condition that the pole be placed no closer than two-feet from the edge of the existing gravel way. Second by Mr. Witten. Vote: 3:0:0.
POLE HEARING: VERIZON NEW ENGLAND, INC. & NSTAR ELECTRIC COMPANY / Elm Street
Mr. Daryl Crossman, Right-of-Way representative from Verizon, was present. He said that the pole is necessary to provide service to a new residence. Mr. Martecchini noted that direct abutters were notified of tonight's hearing via certified mail. An abutter, Mr. George Wadsworth (115 Elm Street) was present. His surveyor has provided a plan which calls into question whether the proposed pole location is actually on the public way, or on private property. Mr. Steve Sullivan, the owner of the new residence was present. He said that he would not mind if the pole was on his property. Mr. Martecchini said that it is very important that the pole be located on public property. He said that he would like to see the hearing continued until Mr. Wadsworth can meet with the Town's DPW Director, and discuss
the street layout issues. Mr. Martecchini moved that the hearing be continued to July 23, 2007 at 7:35 PM. Second by Ms. Sullivan. Vote: 3:0:0.
FOODIES DUXBURY, LLC: WINE & MALT RETAIL LICENSE RE-APPLICATION
Ms. Sullivan recused herself from the discussion and vote, due to a financial relationship between Ms. Sullivan's employer and the applicant.
Present were:
Mr. Victor J. Leon, applicant
Mr. Victor G. Leon, applicant's son
Mr. Robert Allen, applicant's attorney
Mr. William Kaull, Jr., Managing Agent for Trapelo Realty (owner of property for proposed license)
Mr. Louis Cassis, attorney for group opposing license
Mr. Martecchini explained that the Board voted on June 4, 2007 to waive the one-year waiting period for a re-application for a liquor license by the same applicant for the same location. This is because Mr. Leon's lease with Trapelo Realty has been made contingent upon the liquor license.
Mr. Allen said that Mr. Leon believed, from the beginning, that the Town would be receptive to a liquor license for his store. Mr. Leon believes that a liquor license is necessary for the success of the store. Mr. Kaull said that only two legitimate offers have come in for grocery stores in that space prior to Mr. Leon's offer. Both offers were contingent on a liquor license, due to the belief that this would be necessary for business viability. Mr. Allen responded to a prior complaint that there are too many liquor licenses in the Hall's Corner area. He said that Hall's Corner is one of only a very few business areas in Duxbury, so it is natural that the liquor licenses would be concentrated in those business areas.
Ms. Anne Antonellis, 102 Washington Street, said that she was speaking as an individual, but also noted that she is the former co-chair of the Economic Advisory Committee, and the current president of the Duxbury Business Association. She is very much in favor of the liquor license. She said that competition is helpful to the business environment, and listed a variety of "duplicate" businesses in the Halls Corner area (multiple dry cleaners, lawyer offices, etc.)
Mr. John Bear, King Caesar Lane, former member of the Economic Advisory Committee, spoke in favor of granting the license. He introduced Mr. Vern Powell, retired Marketing Executive for Star Market and Shaws Supermarket. Mr. Powell stated that the ability to sell beer and wine is essential for Foodies for survive in the competition with much larger markets located in the vicinity.
Ms. Gail McCormick, 52 Bay Road, said that she has visited the Foodies location in South Boston, and that it is a "fabulous" place. She urged the Selectmen to grant the license so that Duxbury can have a market like this. She noted that she obtained a large number of signatures on a petition to grant the liquor license.
Mr. Alden Rinquist, 25 Shipyard Lane, spoke in favor of granting the license.
Ms. Jeanne Clark, 88 Surplus Street said that, without a grocery store in that location, it is as if Duxbury has lost its community center.
Ms. Meghan Greenstein, 216 Washington Street, former co-chair of the Economic Advisory Committee, said that the existing liquor stores are losing their business to Kingston stores, because of their proximity to grocery stores. Local liquor stores, she said, will actually be helped by the presence of Foodies.
Mr. Ken Drummond, 73 Tussock Brook Road and owner of Video Scene, said that his business has been hurt substantially by the loss of a grocery store in the Plaza. He urged Selectmen to grant the liquor license so that Foodies can be successful.
Mr. Brooks Holmes, 12 Massasoit Road, spoke against the application. He said that granting a license would decrease the value of the existing licenses because they become less scarce commodities.
Attorney Cassis made the following points against the granting of the license:
· 600 signatures had previously been gathered on a petition against the license
· There is no question that there is a public need for a grocery store, but not for a liquor license
· Duxbury is already "over-licensed". The Town has more than its quota of licenses.
· Duxbury citizens voted 2:1 against the November 2006 Ballot question allowing wine in grocery stores.
· Mr. Leon has no experience selling alcohol.
· Package stores have a stronger motivation for avoiding sales to minors, because violations lead to the shutdown of the whole
operation. A grocery store in violation would still be able to operate the majority of its business.
· Minors are more noticeable in a package store than a grocery store. The sales staff would be more likely to notice their
presence.
· The applicant does not list sources of financing on the application.
· The applicant is threatening the Board by saying that his store will not come to Duxbury unless the license is granted.
Mr. Leon explained that the liquor license contingency was taken out of the original lease because the waiting period for license approval would have delayed septic system installation, and therefore the opening, by far too long. Mr. Leon allowed the license contingency to be removed from the lease, because his understanding was that the Town would be in favor of it. It was clear to the landlord and Mr. Leon from the beginning, he said, that the license was part of the package.
Mr. Joe Conway, 22 Josselyn Avenue, spoke in favor of the application, especially since his understanding is that the Millbrook Market (food mart with liquor) is expected to close.
Mr. Martecchini ended discussion on the issue. Mr. Martecchini moved that the Board of Selectmen, as the Liquor Licensing Authority for the Town of Duxbury, grant an Annual Wine & Malt Retail Package Store License to Foodies Duxbury, LLC (Victor Leon, Manager) for 46 Depot Street, conditioned upon meeting all relevant Rules and Regulations for the operation of a liquor establishment in the Town of Duxbury:
Such Conditions include (but are not limited to):
· Completion of a CORI check with no negative findings
· Signed Worker’s Compensation Affidavit
· Provision of Proof of Worker’s Compensation Insurance
· Payment of Annual Fee (currently $1,000.00 for Retail Wine & Malt)
· Meeting all Building Department and Board of Health Regulations
· Server Training Certificates for all employees selling alcohol
· Receipt of a DBA Certificate from the Town Clerk
· No exterior advertising permitted for sale of wine or malt
· No wine or malt tasting events permitted inside or outside of the store
· The area designated for sale of wine and malt shall be limited to the
522 sf (± 10sf) shown on the submitted Drawing R-1 (Fixture Plan)
Under discussion of the motion, Mr. Witten read from a prepared statement. The statement explained that, while he had voted against the license in the past, new information regarding the lease arrangement between the leasor and leasee has caused a change in his opinion.
Vote in favor of the Motion: 2:0:1 (Ms. Sullivan abstained).
Ms. Sullivan returned to the Selectmen's table at this point.
TRANSFER OF LIQUOR LICENSE: SUN TAVERN
Present were:
Mr. John Cowden, applicant
Ms. Laurie Cowden, spouse of applicant
Mr. Barry Smith, applicant's attorney
Mr. Kevin Dubois, current Sun Tavern owner
Mr. Witten recused himself from the discussion and vote on the matter and left the hearing room, since he had previously represented an abutter's group in opposition to an expansion plan by the current owner.
Attorney Smith explained that no change in the license is being requested, other than a change in the Manager. He said that Mr. Cowden has twenty-five years experience in the hospitality industry, and can be expected to continue the success of the Sun Tavern operation. Mr. and Mrs. Cowden have formed the Nantuxbury LLC which will purchase the real estate. They have formed The Sun Tavern, Inc. to lease the property from Nantuxbury LLC and operate a restaurant.
Mr. Martecchini noted that the Police and Board of Health departments had no objection to the application. The Fire and Inspectional Services Department noted that the Sun Tavern is in need of a working sprinkler system. The time for installation of this system has been extended in the past, but cannot be extended past the upcoming license renewal season (November 2007). Mr. Smith noted that the closing on the property will be contingent upon final installation of this system.
A discussion of the hours of operation resulted in a decision to maintain the existing hours.
Ms. Sullivan moved that the Duxbury Board of Selectmen, acting as the Licensing Authority, vote to transfer the All-Alcoholic Common Victualler License held by the Sun Tavern Restaurant, Inc., dba The Sun Tavern, Kevin Dubois, Manager, to the Sun Tavern, Inc., dba The Sun Tavern, John J. Cowden, Jr., Manager, such premises located at 500 Congress Street, and such license subject to:
· Satisfactory completion of a CORI check
· Signed workers compensation affadavit
· Provision of Proof of Worker's Compensation Insurance
· Payment of Annual Fee (currently $1,000.00 for Retail Wine and Malt)
· Adherence to Board of Health and Building Department regulations
· Server Training Certificate for the manager and bartenders
· Receipt of a DBA certificate from the Town Clerk
· Hours of Operation: Monday through Saturday: 8:00 am to 11:00 pm AND Sundays and Holidays: 12:00 pm to 1:00 am.
Vote in favor of the motion: 2:0:1 (Mr. Witten abstained.)
TOWN MANAGER BRIEF
Mr. MacDonald noted that construction costs (and therefore permit revenue) were lower in June.
Mr. MacDonald reported that the FY09 Budget Task Force continues to work hard on a plan for FY09.
MINUTES
Ms. Sullivan moved that the Board accept the Executive Session minutes of June 25, 2007 as written, to be sealed until the matters discussed have been resolved. Second by Mr. Witten. Vote: 3:0:0.
Ms. Sullivan moved that the Board accept the Open Session minutes of June 25, 2007 as written. Second by Mr. Witten. Vote: 3:0:0.
TARKILN COMMONS
Mr. MacDonald said that the Massachusetts Housing Agency called him to say that the State was giving the developer the option of withdrawing the application or having the State deny it. Mr. MacDonald has asked to have this information in writing from the MHA, but has not yet received it.
COMMITTEE APPOINTMENTS/ RE-APPOINTMENTS
See next page for listing of appointments.
BIRCH STREET TANK and MAYFLOWER STREET WATER MAIN
Mr. Witten moved that the Board grant authority to the Town Manager, Mr. Richard MacDonald to file applications and execute agreements for grant and/or loan assistance as well as furnishing such information, data and documents pertaining to the applicant for a grant(s) and/or loan(s) as may be required; and otherwise to act as the authorized representative of the Applicant in connection with the application to the State Revolving Fund for the Birch Street Tank and the Mayflower Street Water Main. Second by Ms. Sullivan. Vote: 3:0:0.
ADJOURNMENT
Ms. Sullivan moved to adjourn the meeting at 9:25 PM. Second by Mr. Witten. Vote: 3:0:0.
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