Hull Board of Selectmen
Minutes
November 13, 2001
The Hull Board of Selectmen meeting was called to order at 7:32pm on Tuesday evening, November 13, 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, Member. Also present was Phil Lemnios, Town Manager and James Lampke, Town Counsel.
Minutes
MOVED-MacKenzie: To approve the minutes of August 14, 2001 as presented
SECOND-Burns
VOTE: UNANIMOUS in Favor
MOVED-Burns: To approve the minutes of August 28, 2001 as presented
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
MacKenzie announced that the Board of Selectmen has approved a new three-year contract with Town Manager Philip Lemnios.
Burke complimented Lemnios, and said Hull is fortunate to have his services.
Lemnios said he is personally pleased and thanked the members.
7:45pm - Public Hearing - re: Sunday Package Store Opening
The Chairman opened the hearing on permitting package stores to open on Sundays starting with the Sunday before Thanksgiving to New Years Day.
Following a discussion, with no public present to oppose a motion was made:
MOVED-Reilly: To allow the package stores to open on Sundays from November 18, 2001 to December 30, 2001 from 12 noon to 6:00pm.
SECOND-MacKenzie
Burke said she routinely opposes the Sunday openings, but because of economic conditions will support it this year.
VOTE: UNANIMOUS in Favor
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Selectmen Minutes, 11/13/01
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8:00pm - James M. DiNapoli, 36 J St. - re: -Public Hearing- Application for Class II Wholesale Car Dealers License
Mackenzie opened the hearing by swearing in those wishing to testify on an application for a Class II Wholesale Car Dealers License submitted by James M. DiNapoli for 36 J Street, his residence within a single family zone.
DiNapoli told the Board that all of his business is conducted on the telephone or off site. He said he does not bring vehicles home, nor does anyone do business at his home. DiNapoli also said he has no employees.
Two neighbors, Mel Silver of 21 J Street and a resident of 44 J Street expressed their concern over traffic, vehicles being parked or stored at the residence, and customers coming to the location.
Following questions from the Selectmen, DiNapoli assured those concerned that he is a wholesale broker and never physically takes possession of the vehicles.
MOVED-Reilly: To approve the license subject to the condition that said license is for the wholesale purchase and selling of used cars and is not to include retail sales, no tow trucks, flat beds or car carriers or vehicles being purchased or sold to be at the business address and that the business address to be used as a business office only, and subject to all other applicable laws, rules and regulations. There are to be no employees.
SECOND-Cutler
VOTE: Three ayes; One nay(MacKenzie) and One abstention(Burns)
Motion Passes.
The Board recessed at 8:41pm and returned at 8:50pm.
8:30pm - Nantasket Pier Update
The Selectmen were provided with a summary of events as of November 13, 2001 report from which a section was read aloud by MacKenzie as follows: "The negotiating team requested Sea Chain to consider relocating the housing/commercial structure to the "Henderson" lot to create more public area; to define the range of commercial options including health club, small theater or a bowling alley; consider making the housing units condominiums as opposed to rental units." The same three negotiation points were also made to Abbott.
Continued
Selectmen Minutes, 11/13/01
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Leonard Hersch offered objections to the negotiations being held in executive session and feels the public is being kept in the dark.
Lemnios spoke about a proposal by a developer to build a marina without residential units. The Town will provide the financing, but will require the developer assure payments of loans which may be beneficial and worth looking into. This is just a proposal and it has not been agreed to, Lemnios added.
MacKenzie said he is in full support of an appropriate use of the pier; Culter said that it is not the case that the Board is anti-development. MacKenzie said they are still working on getting a marina.
Licenses
Burns requested postponement of the renewal of alcohol licenses until the Police Chief signs off that there are no violations of the licenses.
Reilly disagreed stating the Board is the Licensing Authority and that if there were violations they would be handled by a Show Cause hearing. He said that if the Licensing Authority does not renew the licenses by January 1st they are automatically renewed and any problems would be addressed by a Show Cause hearing in the upcoming year. He added that the Police Chief always informs the Board of any violations and that if there are any they will be handled by a Show Cause hearing.
After additional discussion the following motions were made:
Unanimously voted to table a livery vehicle license replacing a vehicle that is currently licensed to Richard E. Laws, 58 Lynn Ave. on a motion by Reilly Seconded by Mackenzie.
Unanimously approved a lodging house license renewal to 165 Nantasket Realty Trust, dba Sandpiper Inn, Ferdinand J. Kiley, III Trustee, Heritage Management Co.,Inc. Manager on a motion by Reilly, seconded by MacKenzie.
Unanimously approved a lodging house license renewal to J. Michael Milligan, dba The Nantascot Lodging, John Trapp & Robert Blackler, Mgrs, 475 Nantasket Ave. on a motion by Reilly, seconded by MacKenzie.
Approved by a 4 to 1 vote renewal of an all alcoholic general on premises license, and entertainment license to Josephine a. Darcy for the estate of John F. Darcy, dba Pemberton Marina, 125 Main St. on a motion by Reilly, Seconded by Burke with Burns voting Nay.
Approved by a 4 to 1 vote renewal of a wines and malts package store to Thornton's Market, Inc. dba Riddle's Supermart, Raymond Riddle, Mgr., 505 Nantasket Ave. on a motion by Reilly, seconded by Cutler with Burns voting nay.
Continued License
Selectmen Minutes, 11/13/01
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Approved by a 4 to 1 vote renewal of an all alcoholic package store license to VVG, Inc. dba West Corner Liquors, Rosina Gratta, Mgr. 18 Nantasket Ave. on a motion by Reilly, seconded by Cutler with Burns voting Nay.
Approved by a 4 to 1 vote renewal of a common victualers license to Joseph Calabria, dba Caffe Calabria, 443 Nantasket Ave. on a motion by Reilly, seconded by Cutler with Burns voting Nay.
Approved by a 4 to 1 vote renewal of wines & malts with cordial(restaurant) license and entertainment license(live) to Joesph Calabria, dba Caffe Calabria, 443 Nantasket Ave. on a motion by Reilly, seconded by Cutler with Burns voting nay.
Correspondence
Discussed a letter from Anna M. Perry of 776 Nantasket Avenue in regard to the lack of suitable sidewalks in that area. Lemnios said there are no plans for sidewalks, and to construct any may require a bond issue. Lemnios will respond to Perry.
MOVED-MacKenzie: To go into executive session to discuss collective bargaining and strategy in litigation.
SECOND-Burns
Following a short recess at 9:55pm the Board returned at 10:02pm.
MacKenzie modified the motion to include a grievance and collective bargaining.
VOTE: Aye, Reilly; Aye, Burns; Aye, MacKenzie; Nay, Cutler; Aye, Burke.
Motion Passed
The Board moved into executive session at 10:04pm and thereafter adjourned.
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