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04/23/2002 Minutes
                                                    Hull Board Of Selectmen

                                                                  Minutes

                                                              April 23, 2002

        The Hull Board of Selectmen meeting was called to order at 7:33 pm on Tuesday evening, April 23, 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
                        Philip Lemnios, Town Manager, and James Lampke, Town Counsel.

        The Chairman opened the meeting holding a moment of silence in memory of Paul Tarbox, Hull Council on Aging member who passed away this week.

7:30 pm - 7:40 pm - Open Forum

        Margie Peters of the No Place for Hate Committee appeared before the Board to notify them of a REC for Respect function at the Hull High School on Sunday afternoon between 1:00 pm and 4:00 pm.

        Myron Klayman, representing the Stone family of the former Paragon Park asked the Board to place a sign somewhere in the area of the former park to commemorate its existence and contribution to the community.  He suggested Rockland Circle at the site of the proposed new island.

        The Board agreed to look into the request and indicated it was favorably inclined.

7:45 pm - Hull Water Resources Committee Report

        David Irwin, Chairman, Edward Petrilak, Paul Paquin, and John McLeod, members of  the committee, read a letter on the feasibility of a water desalinization plant for Hull.

        Also present for the discussion was Tom Simitrow of Woodward & Warren, Helen Feola, Malcolm Brown, and Fern Coyle.

        The discussion centered on desalinization plants resulting in extremely pure water, and how it is preferable that the plant should draw from brackish water but, if necessary, sea water can be utilized.  The group plans to look at potential sites, cost effectiveness and feasibility.  The feasibility study was estimated to cost $40,000.

MOVED-Reilly:   To authorize the committee to proceed to phase II including        
                                    feasibility studies.
SECOND-Burke
VOTE: UNANIMOUS in Favor

        Burns said that the current report cost $10,000, and the next phase could cost $40,000. and wanted to note that desalinization is not free water, but very expensive

                                                              Page 1 of 5

Selectmen Minutes, 4/23/02
Page 2 of 5

8:15 pm - Jay Szklut - re: Executive Order 418 CD Plan

        Jay Szklut, Community Development Director and Town Planner explained EO 418 which, he said, is designed primarily to encourage affordable housing.  There is a grant to develop a Community Development Plan through State and Federal funding for which the Planning Board is requesting the Board
        Szklut said that the Planning Board is interested in pursuing the grant and is developing a scope of study, which Szklut said can be completed by June 30, 2003.  He said the Town has already developed a Vision Statement, a Harbor Plan, an Open Space Plan, an ADA Accessibility Plan, and other studies such as an Economic Development Plan.  The Community Development plan will provide additional information lacking from those plans.

        David Carlon, Planning Board member was present and supported applying for the grant of $30,000.  Carlon said his Board will concentrate on a Phase I, the beachfront, from Atlantic Avenue to Phipps Street.

MOVED-Cutler:   To endorse the EO418 application capping the grant application at
                                   $30,000.  
SECOND-Burke
VOTE: UNANIMOUS in Favor

                                                           TOWN MANAGER

        Lemnios informed the Board that the Boston Nautical Heritage group is seeking permission to use the Pemberton Pier for the visiting tall ship Kalmar Nyckel, which is  a 140ft., 3 masted replica of the original vessel that brought the first settlers to the Wilmington Valley area of Maryland from Sweden.  Delaware's Goodwill Ambassador, she was one of the tall ships brought to Hull just prior to the Tall Ship event in Boston 2000.

MOVED-Reilly:   To authorize the use of Pemberton Pier by the Boston Nautical
                                    Heritage Group for the docking of the Kalmar Nyckel tall ship
                                   over the July 4th holiday.
SECOND-Cutler
VOTE: UNANIMOUS in Favor     

        Lemnios also announced the retirement of Chief J. Nicholas Russo from the Hull Fire Department effective May 18, 2002.

        MacKenzie thanked the Chief for his many years of service and asked he be invited to a meeting for a proper thank you.

        Lemnios reported on the progress of the Spring Street and Main Street Reconstruction project and said the bid openings are scheduled for June 4th and a notice to proceed is hoped to be issued by the end of June.


Selectmen Minutes, 4/23/02
Page 3 of 5

                                                                  LICENSE

Unanimously Approved on a motion by Burke, seconded by Cutler an all alcoholic seasonal club license renewal to the Hull Yacht Club, Inc., Fitzpatrick Way, subject to the Manager's name being placed in the record and on file.

8:30 pm - Chris Emanuello - re: Dog Hearing (Rescheduled)

                                                             MISCELLANEOUS

Congratulated the Hull Municipal Light Department on receipt of  the Environmental Merit Award from the EPA in recognition of its exceptional work and commitment to the environment in 2001.  MacKenzie had offered the nomination.

To schedule an appointment on the request of David G. Ray for appointment as an Associate Member on the Conservation Commission.

Noted a letter from John Boyd, Chairman of the Conservation Commission, in regard to a drainage problem in the Park Ave./Rockland House Rd. neighborhood.

Reilly requested the Town Manager contact the MDC in regard to having the bathroom facilities ready for use early enough to service the tourists and suggested scheduling a meeting with them to implement a smooth transition from winter to summer.

                                               CONTINUED TOWN MANAGER

        Lemnios reported on an invitation to attend “Freedom Through Victory” celebration at the Boy Scout Building on May 4th at 10:00 am.

        Lemnios said that on April 27, 2002 at 10:00 am, a Saturday morning, there will be a public informational meeting to answer questions on the school building project in preparation of the debt exclusion vote at Town Meeting which begins on May 13th.

9:00pm-Cont. Public Hearing-John L. DiVito re: Request to Store Trailer at 9 Kenton Ave.

        Burns recuses himself as an abutter.

        MacKenzie opened the continued hearing with the reminder that the applicant had been asked to return the Board with a plan and that the witnesses are still under oath.

        MacKenzie swore in additional witnesses, and said that the Board will first hear from the applicant and then from any witness who did not speak at the opening hearing.

        DiVito read from the bylaw and said he complies as there is no congestion, no blocking of views, and it is not injurious to health or safety.  He argued that since he meets the provisions of the law that he should not be denied.

        
Selectmen Minute, 4/23/02
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        Burke asked him about his line of Business to which DiVito responded - a contractor.  Burke than asked if he has a storage yard at his place of business, which DiVito than said is 110 miles away.

        John Silva of 25 Winthrop Avenue spoke in favor of the issuance of the permit and said he was the most affected neighbor.  Terry Connell of Nantasket Avenue spoke in opposition.

        Cutler said he met DiVito at the premises and that he is amenable to not store the boat and trailer on the property at the same time.

MOVED-Cutler    To approve the permit to Mr. DiVito with the understanding that  
                                    the boat and RV not be stored at the same time.
SECOND-Reilly

        Following further discussion the consensus of the Board was to add to the motion the wording “provided there shall be screening in the form of a 6' fence on the northwestern side.

VOTE: Two Ayes; Two Nays (MacKenzie and Burke)
MOTION FAILS

        DiVito also claimed that since permits expire at the end of December that so far this year there is only one trailer in Town that is now legal.

        Cutler said that DiVito's points are well taken and agreed that enforcement is spotty.  Cutler offered his opinion that to be fair the law should just say you can't live in the trailer.

        DiVito asked if anyone on the Board has a relationship with the witness Mrs. Lathrop, to which MacKenzie responded that she works at the same school, but not in a close relationship.  When asked Lampke responded that MacKenzie could request an opinion from the Ethic Commission, but that at most it would probably require a disclosure.

        Following further discussion DiVito was asked if he would be willing to withdraw the application without prejudice, and he agreed.

MOVED-Reilly:   To permit the withdrawal of the application without prejudice.
SECOND-MacKenzie
VOTE: UNANIMOUS in Favor

Hearing closed at 10:00 pm

MOVED-MacKenzie:        To go into executive session to discuss strategy in litigation in                                                  regard to the Oasis, strategy relative to collective bargaining,
                                                and sale, lease or disposition of real property.


Selectmen Minutes, 4/23/02
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SECOND-Burke
ROLL CALL VOTE:   Aye, Reilly; Aye, Burke; Aye, Burns; Aye, MacKenzie; Aye,  
                                     Cutler.

        The Board moved into executive session at 10:05pm and  therefore adjourned.