Hull Board of Selectmen
Minutes
March 26, 2002
The Hull Board of Selectmen meeting was called to order at 7:32 pm on Tuesday evening, March 26, 2002 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 Phil Lemnios, Town Manager and James Lampke, Town Counsel.
The meeting opened with a moment of silence in honor of Michael (Mike) Linehan, a former member of the Hull Municipal Light Board, and community activist, who passed away this week.
7:30pm-Open Public Forum
Charles Gould, Edward Parent, and Linda Parent appeared before the Board to renew their request to name a portion of Wharf Avenue after the late Francis T. McDuff.
Gould, said of McDuff, who died a year and a half ago, that he served the community for over 50 years in the following positions, Board of Public Welfare, Board of Selectmen, Town Moderator (15yrs), Hull Advisory Board, Wharf Agent, Assistant Harbormaster and Town Auctioneer. He reminisced that as Chairman of the Board of Selectmen during the blizzard of '78, McDuff worked diligently to assist the many citizens devastated by that storm.
Gould said he felt that naming part of Wharf Avenue was a fitting tribute to McDuff, a lobster fisherman, who worked and fought for pier improvements and fishermen issues throughout the years.
The request, made previously, had been placed on hold because of the potential of development of the pier area. Reilly cautioned the applicants that the road may need to be moved, but, Linda Parent told Reilly that the family understands.
MacKenzie added that there has to be an access road regardless of what is constructed and the name will move with the road.
MOVED-Reilly: To dedicate a portion of Wharf Avenue from George Washington Boulevard, west 220' to the fence in honor of Francis T. McDuff and to be named McDuff Landing.
SECOND-Cutler
VOTE: UNANIMOUS in Favor
The Selectmen agreed to Linda Parent's request for the dedication ceremony to take place on Memorial Day.
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Selectmen Minutes, 3/26/02
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John and Eileen Struzziery were present to support Chief Russo's request to the Board to dedication a portion of the L Street Playground to their niece, Danielle Struzziery, who died tragically in a motor vehicle accident in Florida at the age of 18. Chief J. Nicholas Russo, had requested the Board to consider.
Danielle, who graduated from Hull High School in the top ten of her class, excelled in three varsity sports, one of which was softball.
Reilly told the members that the School Committee had voted to approve the naming of that portion of the field used for softball in honor of Danielle.
MOVED-Reilly: To dedicate that portion of the L Street Playground at N Street used for the Girls Softball Team to Danielle Struzziery with a name to be determined.
SECOND-Cutler
VOTE: UNANIMOUS in Favor
The members agreed to trying to have the dedication services on Memorial Day.
7:45 pm - Le Calypso, Inc. dba Le Calypso, 42 State Park Road, re:- Change of Manager
The Chairman swore in those wishing to testify following his calling the hearing to order on an application to change the manager for Le Calypso Inc. from Bathsheba Miller to William Bronstadt of 9 Damon Park Road, Hull.
Bronstedt told the Members that he is to be a business manager. He was the owner and stockholder in two electronic companies, he recently sold, and has good management skills. Although he said he has no liquor experience, he has studied the rules and regulations. Bornstedt said his key function is to be a business manager, not a bartender, for the owners, who are French nationals and not citizens.
Police Chief Donald Brooker submitted a disclosure notice as an abutter to the licensed premises.
MOVED-Reilly: That the Board finds, on the subject of the Chief's disclosure letter stating that he is an abutter, that his interest involved is not so substantial that it will effect the integrity of his service.
SECOND-Burke
VOTE: UNANIMOUS in Favor (Cutler abstained as an abutter)
MOVED-Reilly: To approve William Bronstedt as manager of Le Calypso, 42A State Park Road on the condition that he complete the TIP Service Course, or comparable, within three months, as per the regulations, and that all employees dealing with alcohol receive training as per the regulations.
SECOND-Burke
VOTE: Five in Favor; One Abstention (Cutler)
Continued
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MOVED Reilly: To amend the previous motion to include a reminder that he complete the TIP Service Program or the Board may take appropriate action including a show cause hearing.
SECOND-Burke
VOTE: Four in Favor; One Abstention (Cutler)
Hearing closed at 8:10 pm.
Minutes
MOVED-Cutler: To approve the minutes of January 8, 2002 as amended to reflect the name Cutler rather than Reilly under new business, second paragraph in regard to the Oasis, and a scrivener's error.
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor
8:15 pm Public Hearing-Arnold Brothers, Inc. dba Port Side Wines, Prescott M. Arnold, Manager - re: Transfer of All Alcoholic (Annual) Package store License held by Sunset Liquors Plus, 305B - 307 Nantasket Avenue.
The Chairman called the meeting to order at 8:15 pm and swore in those wishing to testify.
Present for the applicant were: David Kellem, Attorney; Christopher, Greg and Prescott(Scott) Arnold; Linda Arnold and Marty Bloch, who owns a Weymouth package store and is to be a start-up consultant.
Arnold gave a presentation stating that he and his family were raised in Hull and graduated from Hull High School. He said the package store will have a nautical theme and specialize in fine wines, expecting to supply 200 to 300 labels, there will be beer, liquor and the Mass. State Lottery. His brother. Chris, worked 20 years in wholesale liquor and three years in retail and is TIP certified. Arnold said he is scheduled for the TIP Program in April.
MacKenzie told the applicants that the Selectmen consider sales to minors as a very serious offense, to which Arnold replied he took that matter seriously.
Town Counsel James Lampke asked the Selectmen to move into executive session to discuss one matter raised by the Police Chief, which was agreed to by the applicant.
MOVED-MacKenzie: To go into executive session to discuss the character and reputation of an individual, and to reopen in open session.
SECOND-Burke
ROLL CALL VOTE: Aye, Reilly; Aye, Burns; Aye. MacKenzie; Aye, Cutler; Aye, Burke.
The Board moved into executive session at 8:39 pm and returned to open session at 8:42 pm.
Continued
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MOVED-Reilly: To approve the transfer of the All Alcoholic Package (Annual) Store License to Arnold Brothers, Inc. dba Port Side Wines, Prescott M. Arnold, Manager 305B-307 Nantasket Avenue with Christopher Arnold as Assistant Manager with both to be TIP certified.
SECOND-Cutler
VOTE: UNANIMOUS in Favor
Hearing closed at 8:50 pm.
The Board recessed and resumed at 9:00 pm.
8:45 pm - Public Hearing-Continuation New England Resort Management, LLC dba Clarion Nantasket Beach Hotel, Kristie Henriksen, Manager re Application to amend description of Licensed Premises.
The Chairman opened the continued hearing at 9:00 pm and swore in those wishing to testify.
Present for the applicant were: Lawrence Kellem, Attorney; Ferdinand Kiley, Kristie Henriksen, Mgr.; Peter Kirk, Hotel Manager; and Tony Ambrose.
Town Counsel Lampke told the Board that according to his research, and advice from the ABCC, as presented in a written document, alcohol service to the apartment premises cannot be licensed. He said he spoke with an attorney at the ABCC, and that the statute specifically mentions condominiums, but not apartments. Therefore, the ABCC does not approve hotel alcohol service to the apartments.
Attorney Kellem presented an opposite opinion stating that because condominiums were privately owned and not managed by the license holders, which is required by law. Therefore, M.G.L. Ch 138, Section 12 was adopted to permit service to the condominiums. Since apartments were managed by the licensee they were permitted to provide alcohol, so they were not included in the legislation, he contended. Kellem said that apartment renters would be given all the rights of hotel guests.
Lampke pointed out that the statute was very specific in referring to "guest rooms" and public areas of the hotel or condominiums. Apartments do not fall into those categories under the ABCC, Lampke said.
Kiley offered as an example the Ritz Carlton Hotel on Arlington Street as an example of offering concierge services, including alcohol, according to his understanding.
Kiley also said he is willing to agree to the package store hours of 11am to 11pm and to no service on Sundays. He suggested that after credibility has been established he may then apply to amend the license.
Continued
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Chief Brooker told the Board he had spoken with the owner and an agreement had been reached on the hours and days of operation of the alcohol concierge service.
Cutler sought assurance from Lampke that approving the license would not be improper. Following that discussion of whether to grant the extension of the premises and let the ABCC, decide the legality, or deny the extension because counsel's opinion believes it not to be legal, a motion was made:
MOVED-Reilly: To approve the extension of the premises for New England Resort Management, LLC dba Clarion Nantasket Beach Hotel, 45 Hull Shore Drive, to amend the description to include the north building consisting of 30 apartments with alcohol to be served only between 11:00 am and 11:00 pm not including Sundays. In addition, wine and malt beverages will be served either in bottles or drinking glasses and that all other alcoholic beverages will be served in drinking glasses.
SECOND-Burke
VOTE: Four, Ayes; One, Nay (Burns)
Questions were raised by citizens, but no one spoke in opposition to the granting of the extension of the premises.
Hearing closed at 9:49 pm.
9:15 pm - Public Hearing - Z-Chef, Inc. dba Z-Chef, Keith Garvin, Manager - re: Application for All Alcoholic (Seasonal) Package store License, 94 Main Street.
The Chairman opened the hearing at 9:50 pm and swore in those wishing to testify
Regina Burke recused herself as an abutter to 94 Main Street.
Keith Garvin, Manager and shareholder of Z-Chef, a catering service, told the Board he is TIP certified and Bar Code Certified, and has a license under MGL 138, Section 22, to transport alcohol. He said he has operated the catering business for ten years and has been incorporated nine years.
He explained his reason for applying for the license is to enable him to purchase alcohol wholesale and resell it to his customers, which he is not permitted under the current rules of operation. He also said that when he delivers the alcohol to a location, he stops serving at 11:30pm, but does not allow the host to keep any leftover alcohol until the next day. A license would permit him to take it back to his location, because he would own it.
Several issues were raised such as a license is granted to an assigned person and location. Nothing would prevent the transfer of the license to a new person, who could then open a package store at that location. Another issue is the requirement to be open to serve the public needs.
Continued
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Michael McDonald, an abutter; John Kelly; Taylor Tibbetts, (whose family owns A Street Liquors); and Denise Fisher, opposed the application.
Reilly commended the applicant on exploring for the proper licenses, and asked Garvin if he would be willing to withdraw the application without prejudice, to which he agreed.
MOVED-Reilly: To permit the withdrawal of the application without prejudice
SECOND-Cutler
VOTE: UNANIMOUS in Favor
Regina Burke of 168 Cadish Avenue, speaking as a citizen and member of the Hull Chamber of Commerce requested a letter of support for legislation for the type of alcohol license the applicant is seeking.
MOVED-Reilly: To write a letter to the ABCC and to approach Senator Hedlund and Representative Bradley
SECOND-Cutler
VOTE: UNANIMOUS in Favor
Hearing closed at 10:43pm.
9:30 pm - Eileen Commane, Massachusetts American Water Company re: Water Supply Update and (2) Grants of Location.
Keith W. Bossung, of Mass. American Water Company presented the Hingham/Hull Water Supply Update to the Board with charts and statistics, and the Town of Hingham, Board of Health MAWC Water Supply Update data. He warned of a water shortage from the drought and wanted to discuss ways in which the public can help.
Because of the lateness of the hour, Bossung requested the Board to schedule a public hearing, similar to the ones conducted in Hingham, to discuss water supply.
Members agreed to postpone the discussion to another evening.
Also, requested were two grants of location:
1. Duck Lane to replace 190' of an existing 2" diameter water main with an 8" diameter water main as well as an extension of 110' of 8" diameter water main; and
2. Barnstable Road near North Truro to extend an existing water main with approximately 300' of 8" water main.
Continued
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MOVED-Reilly: To approve the grant of Location on Duck Lane and the extension.
SECOND-Cutler
VOTE: UNANIMOUS in Favor
Burns reminded the Members that Barnstable Road had been newly paved and that a five-year ban exists on digging into a newly paved road.
Lemnios suggested that, although expensive, the new infrared system can minimize the damage to the new road.
The Board held the matter over.
Burke addressed the written request of the Animal Control Officer for a hearing to ban two dogs from 12 Rockaway Avenue because of numerous alleged complaints. A list of complaints was submitted to the Board with the letter.
MOVED-MacKenzie To hold a public hearing on two dogs from 12 Rockaway Avenue on April 2, 2002.
SECOND-Cutler
VOTE: UNANIMOUS in Favor
MOVED-MacKenzie: To enter into executive session to discuss the sale or disposition of real property and not return to open session.
SECOND-Cutler
ROLL CALL VOTE: Aye, MacKenzie; Aye, Reilly; Aye, Burns; Aye, Cutler; Aye, Burke.
The Board moved into executive session at 11:20pm and thereafter adjourned.
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