Hull Board of Selectmen
Minutes
July 10, 2001
The Hull Board of Selectmen meeting was called to order at 7:35pm on Tuesday evening, July 10, 2001 at the Hull Municipal Building, 253 Atlantic Avenue, Hull, Massachusetts.
Present: Timothy MacKenzie, Chairman; Joshua Cutler, Vice Chairman; Thomas Burns, Clerk; John Reilly and Regina Burke, Members. Also present were Philip Lemnios, Town Manager and James Lampke, Town Counsel.
Burke asked for a moment of silence for Alan Markowitz who passed away on Sunday. She said Markowitz was the past President of Temple Beth Sholom, and an advocate and very successful fund-raiser for the Hull Scholarship Fund. Burke expressed her sympathy to the family. Reilly asked to include a moment of silence for Cynthia Siegan, who died this past week. Cynthia, he said, was a long time Hull Highway Department Administrator, as well as a community activist. He offered his sympathy to the family.
A moment of silence was observed.
Open Forum
Beach Management
Gerald Nirenberg, speaking for the Beach Management Committee, told the Selectmen that the Hull Conservation Commission had denied its Notice of Intent application to remove the cobble from the beach. He said the Committee has written and wishes to file an appeal, which needs to be filed by the Town, and he asked the Selectmen to agree to the filing. Nirenberg explained that he is not asking the selectmen to support the appeal but just to consent to filing it.
Leonard Hersch spoke in support of filing the appeal, as did Martha Horn, Chairman of the Conservation Commission, and Lemnios, Town Manager.
In response to Cutler's query of not seeing the document prior to the meeting, MacKenzie explained that it is a time-sensitive document that needs to be filed within 10 days.
MOVED-Reilly: To allow the filing of the appeal
SECOND-Burke
VOTE: UNANIMOUS
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Open Space:
Charles Santos appeared before the Board to request appointment to the Open Space Committee. MacKenzie explained that the Board will advertise prior to making any citizen appointments.
A letter from Jim Linville, Planning Board member requesting an appointment to the Open Space committee was noted.
Weir River Study Committee:
MOVED-Burke: To appoint Martha Horn as the Conservation Commission's nominee to the Weir River Study Committee.
SECOND-Burns
VOTE: UNANIMOUS
MOVED-Reilly: To appoint Daniel Neville, III as the Planning Board's nominee to the Weir River Study Committee.
SECOND-Burke
VOTE: UNANIMOUS
The applications for appointment of Samantha Wood and Lloyd Emery were put on hold until the advertising process is completed.
MOVED-Burns: To extend the membership of both committees to nine, which is an additional two on the Open Space committee and two on the Weir River study Committee and to advertise in time for a July 24th meeting with a response deadline of July 19th.
SECOND-Burke
VOTE: UNANIMOUS
7:45pm-Jian Dong Liang dba Hull Jade Restaurant, 516 Nantasket Avenue, Application for Common Victualer
The hearing opened at 8:00pm on the application of Jian Dong Liang for a Common Victualer License for the Hull Jade Restaurant, 516 Nantasket Avenue. All approvals have been received from Code Enforcement Officers.
MacKenzie swore the witnesses.
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Liang told the Board his restaurant is take-out and does not require a Common Victualer License but he would like to have two tables because he has been told construction workers may not want take-out and might need a table. He said the tables will be placed in the waiting area which is about 15' x 22'.
Police Chief Donald Brooker expressed some concern about how the two tables might impact parking in the area.
MOVED-Reilly: To issue the Common Victualer License.
SECOND-Cutler
Burke asked the applicant to describe his experience. He said he has operated a restaurant on Hancock Street in Quincy for ten years. He also said he expects to open on July 15th.
Stephen Mullen of Massasoit Avenue, an abutter, complained about the noise in the rear from the exhaust fans. Liang said he will work with Mullen to find a way to quiet the noise.
He also said his hours of operation will be 11:30am to 9:30pm from Sunday through Thursday and 11:30am to 10:30pm on Friday and Saturday.
VOTE: UNANIMOUS
The hearing adjourned at 8:20pm and the Board recessed and returned at 8:35pm.
8:00pm - Show Cause Hearing (The Sandbar)
MacKenzie called the hearing to order at 8:35pm for a Show Cause Hearing in regard to Robert J. Peters, President, South Shore Foods, Corp. dba The Sandbar, 276 Nantasket Avenue for an alleged violation that took place on Monday, April 23, 2001 on or about 11:30pm resulting from disorder of an assault and battery and domestic abuse; and that Brian More, Assistant Manager, being aware failed to notify the Hull Police department; and that Julian Tucker, an employee being aware failed to notify the Hull Police department; and that Brian More, assistant Manager failed to instruct Julian Tucker, a bartender employee, of the Rules and Regulations and for failing to post same.(See file documents).
Jeffrey Sobczak, provided a letter from the Corporation Treasurer authorizing him to represent them.
Police Chief Donald Brooker told the Board that he and Town Counsel James Lampke met with Sobczak and that after due deliberation, negotiation and consideration of the offenses as alleged in the complaints currently before the Licensing Authority, he recommended to, and the licensee agreed with the following disposition of the charges:The licensee in consideration
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of the offenses agrees to a four-day suspension of the all-alcoholic beverages license; (B) The dates of the suspension to be determined by the licensing authority, one of which is to be a Monday, being the same day of the week the offenses occurred. He suggested it be four days in a row either from Monday through Thursday of one week or a Monday and Tuesday, two weeks in a row, starting immediately.(C) In consideration of the above, he said, the Town will move to dismiss violation number 4, being 204CMR 2.05, Licensed Premises. (D) The licensee is found responsible for violations numbered 1, 2, and 3, as alleged in the complaint specifications. (See file)
MacKenzie asked Sobczak if he had agreed with the Chief's report to which Sobczak responded,"Yes."
MOVED-Reilly: The Licensing Authority finds that Violation #1 did take place as did Violation #2 failing to notify the Police Department, as did Violation #3 failing to educate the employees and that a four-day suspension be ordered for Monday and Tuesday July 16th and 17th and July 23rd and 24th.
SECOND-Burke
VOTE: UNANIMOUS
Burke reminded Sobczak that when it comes to alcoholic licenses the "devil is in the details" so that it is important to observe all the rules. She added to make sure all of the employees are informed.
MOVED-Reilly: That Violation #4 of 204CMR 20.5 be withdrawn.
SECOND-Burke
VOTE: UNANIMOUS
Hearing adjourned at 8:44pm
8:30pm - Public Hearing - re: Clarion Nantasket Beach Hotel, Kristie Henricksen, Mgr. - Application for all alcoholic (annual) as an Innholder, Innholder License and an Entertainment License at 45 Hull Shore Drive.
The hearing was called to order by the Chairman at 8:45pm who swore in witnesses.
In addition to the manager, Kristie Henriksen the following were present for the applicant: Ferdinand Kiley; Barbara Kiley; Lawrence Kellem, Attorney; Peter Kirk; and Lisa Pickering.
Kellem presented a bound packet containing pertinent information and said they are requesting an all alcoholic, common victualers/innkeepers and entertainment license for the premises at 45 Hull Shore Drive. He said all abutters were duly notified.
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Kellem introduced Henriksen as the manager of Siros Seaside Restaurant, whom he said has considerable experience.
A Limited Liability Company has been created, Kellem said, and explained that there are three legal entities involved: Surf/Nantasket; New England Management Company; and Siros Seaside Restaurant, LLC. The hotel dba is Clarion Nantasket Beach Hotel, Kellem said, and the restaurant seating capacity is 225 persons.
Kellem told the Board that he contacted the ABC Commission and has basically followed its recommendations in framing the application to include all the owners, but Siros is an indirect beneficiary.
Henriksen told the Board that Siros has 190 employees, all of who are TIP certified from Quincy and she will have Hull's employees certified as well.
MOVED-Reilly: To issue a new Innholder/Common Victualer License to New England Resort Management, LLC. dba Clarion Nantasket Beach Hotel, Kristie Henriksen, Mgr. for the premises at 45 Hull Shore Drive being the restaurant, breakfast room/function room, hotel rooms, lobby and roof with hours of operation for victualers 6:00am to 12:00pm.
SECOND-Cutler
VOTE: UNANIMOUS
Noreen Campadelli of 387 Nantasket Avenue spoke in favor of issuing the licenses.
MOVED-Reilly: To issue a new Innholder all-alcoholic license to Resort Management, LLC dba Clarion Nantasket Beach Hotel, Kristie Henriksen, Mgr. for the premises at 45 Hull Shore Drive being the restaurants, function area, lobby, guest rooms, penthouse and deck.
SECOND-Burke
MacKenzie and Burns raised concerns about issuing a license for the roof. Cutler disagreed and said as long as it was not outside he didn't object. Lemnios suggested that the roof was not included in the advertisement so that it should be advertised first. MacKenzie raised the issue of whether or not the Planning Board has the authority to waive the height of the hotel.
MOVED-MacKenzie - A substitute motion: To grant an all alcoholic license as applied for in the application excluding the roof.
Following a comment from Kiley that at the moment the penthouse is the only function room the Members voted.
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VOTE: Three Ayes; Two Nays(MacKenzie and Burns)
The Board recessed at 9:50pm and returned at 9:56pm.
Kellem asked that the roof and penthouse be removed from the vote as, he said, he agreed with Lemnios that it should be advertised, and he was concerned that including these area now might delay State approval.
MOVED-Reilly: To reconsider the vote on the liquor license application
SECOND-Burke
VOTE: Four Ayes; One Nay (Cutler)
MOVED-Reilly: To rescind the vote on the liquor license application
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
MOVED-Reilly: To issue a new Innholder All-Alcoholic License to Resort Management, LLC dba Clarion Nantasket Beach Hotel, Kristie Henriksen, Mgr. for the premises at 45 Hull Shore Drive being the restaurants, function area, lobby, guest rooms, and deck.
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
In reference to the entertainment license and following a discussion with Police Chief Donald Brooker who said that one of our bylaws does not permit music to be heard on any sidewalk, a vote was taken.
MOVED-Reilly: To issue a new Entertainment License to Resort Management, LLC dba Clarion Nantasket Beach Hotel, Kristie Henriksen, Mgr. for the property on 45 Hull Shore Drive to include disco, karaoke, instruments and dancing in all areas covered in Alcohol License from 11:00am to 12:00pm.
SECOND-MacKenzie
VOTE: Four Ayes; One Nay (Cutler)
MOVED-Reilly: To research the bylaw in regard to hearing music on the sidewalk
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor.
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Correspondence
Following interviews based upon written requests for appointment the Selectmen took the following votes:
UNANIMOUSLY appointed Samantha Woods to the Weir River Estuary Study Committee on a motion by MacKenzie, Seconded by Cutler.
UNANIMOUSLY appointed Lloyd Emery to the Weir River Estuary Study Committee on a motion by MacKenzie, Seconded by Cutler.
Neville asked the Board what the mandate of the Committee is to be, and the area included. MacKenzie responded that the area is from Straits Pond to Worlds End Channel and the committee is to report its findings, etc. by March of 2002.
Old Business
MOVED-MacKenzie: To form an Open Space study committee
SECOND-Cutler
VOTE: UNANIMOUS
MOVED-Cutler: To nominate Burns as the Selectmen's appointee to the Open Space study Committee
SECOND-Burke
VOTE: UNANIMOUS in Favor
Town Manager
Lawry Reid appeared before the Board to discuss the Lake and Pond Watershed Demonstration, Restoration and Protection Grant Projects, particularly for straits Pond. The first is a $100,000. a year up to three years. The grant application requires municipalities to be co-applicants, and Reid, speaking as President of the Straits Pond Watershed Association, is asking the Hull, Hingham and Cohasset Boards of Selectmen to participate. The grant requires a 25% local match of which 80% can be in-kind services.
MOVED-Reilly: That Hull be the lead applicant for the grant provided Hingham and Cohasset will participate
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
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A second grant request made by Reid for the three Towns was tabled because it requires implementation after the third year.
Additional Correspondence
Unanimously endorsed the Hull Academic Support Coalition (HASC) third annual four-mile roadrace to be held on July 28, 2001 along Hull Harbor on a motion by Reilly, seconded by Burke.
Approved placing a storage trailer on the Daley and Wanzer parking lot during the company's vacation on a motion by MacKenzie, seconded by Cutler and voted four in favor with one abstention.(Burke)
Unanimously voted to direct the Town Manager to request the owner of the so-called Showboat land to remove the billboard on a motion by MacKenzie, seconded by Cutler.
Tabled a request from Al Tartarini for a resident parking sign on in front of 26 & 28 Porazzo Road which the Police Chief said he did not recommend.
Unanimously approved the request of a resident in a letter dated June 28, 2001 for a 50th Anniversary surprise party.(Name and address withheld for obvious reasons)
Unanimously appointed Mark Borhneim as the Planning Board's representative on the Open space committee on a motion by Reilly, seconded by MacKenzie.
Town Manager
The Town Manager presented a list of reappointments for various Town departments and asked if the Selectmen wished to exercise their right to object or if they wished to waive that right.
MOVED-Cutler: To waive the right to object to any of the appointments.
SECOND-MacKenzie
Reilly stating he has had several verbal complaints against the Conservation Administrator that he would like to have her appear prior to reappointing.
MOVED-Reilly-Substitute Motion: To approve the list with the exception of the Conservation Administrator
SECOND-Burke
VOTE: Three, Ayes; Two, Nays (MacKenzie & Cutler)
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MacKenzie and Cutler said they are satisfied with the work and have had no issues. Burke said that she, too, is satisfied, but has had some issues.
MOVED-Reilly: To schedule an appointment with the Conservation Administrator
SECOND-MacKenzie
VOTE: Four Ayes; One Nay (Cutler)
Additional Correspondence
Took no action on a request to have a campfire on the beach made by Andrew Cohen of Kenberma Street.
On a letter from Holly Hanlon of Jack Conway Real Estate in regard to placing signs on the sidewalk which the Police Chief said is in violation of the bylaw, a vote was taken.
MOVED-Reilly: To direct the Conway office to remove any signs on the sidewalk unless they do not impede access.
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
Licenses
Unanimously approved a one day all-alcoholic license to Knights of Columbus for July 21, 2001 from 7:00pm to 12:00 midnight on a motion by Reilly, seconded by Cutler.
Unanimously approved a one-day all-alcoholic license to Knights of Columbus for July 28, 2001 from 7:00pm to 12:00 midnight.
A request from Henry Dunn to increase the number of licenses cars to be parked on the HRA land by 200 cars.
Chief Donald Brooker suggested that the selectmen hold a show cause hearing based upon the applicant's penchant each year to not license enough cars, and then violate his license by parking more cars than allowed. The Chief said Dunn has violated his permit again this year and has been charged.
MOVED-Cutler: To hold a Show Cause Hearing for open air parking for Henry Dunn
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
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MOVED-Reilly: To adopt a policy that parking lot license applications which are to be approved must be for the maximum number of cars that a lot will hold
SECOND-Cutler
VOTE: UNANIMOUS in Favor
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MOVED-Burns: To appoint Sarah White to the Open Space Study Committee
SECOND-MacKenzie
VOTE: Four Ayes, One Nay (Reilly)
Reilly had suggested that since the Selectmen plan to advertise for applicants that White's appointment be delayed. He said the Bornheim appointment came about as a direct result of the Planning Board's nomination.
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Directed Town Manager to notify MDC that the bathhouse closed at 3:00pm last weekend and that it should be open much later.
MOVED-MacKenzie: To go into executive session to discuss strategy in litigation.
SECOND-Burke
VOTE-ROLL Call: Aye, MacKenzie; Aye, Cutler; Aye, Burns;Aye, Burke; Aye, Reilly.
The Board moved into executive session at 11:35pm and thereafter adjourned.
8/7/01
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APPROVED
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