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November 22, 2004
SELECTMEN’S MEETING   MONDAY, NOVEMBER 22, 2004      5:30 P.M.

In attendance: Charles J. McCarthy, Marion V. McEttrick, James G. Mullen, Jr., David A. Colton, Town Administrator, Paula Rizzi, Executive Secretary


Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to accept the meeting minutes of November 8, 2004.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve Phase II earned college credits for the Fire Department in the amount of $68,124.55 reflecting 1,685 credits at $40.43 per credit.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted the following amendments to the Traffic Rules and Orders:

To amend Article V, Section 2 of the Traffic Rules and Orders of the Town of Milton, Parking, General Prohibitions, so as to include the following:

        Wharf Street: “No Parking” northerly side from Adams Street to 88 Wharf
        Street and “No Parking” easterly and westerly sides from 88 Wharf Street
        to 25 Wharf Street (Yacht Club)

To amend Article V, Section 7 of the Traffic Rules and Orders of the Town of Milton, Time Limited in Designated Places, so as to include the following:

        Wharf Street: “2 Hour Parking, Weekdays from 7 a.m. to 5 p.m.” on
        southerly side from Adams Street to 88 Wharf Street.

        Wharf Street: “2 Hour Parking, Weekdays from 7 a.m. to 5 p.m.” on
        the easterly sides from 88 Wharf Street to the MBTA parking lot
        entrance.

        Wharf Street Public Parking Lot (28 spaces): 22, “2 Hour Parking” Spaces,
        and 6 “ Business Service Zone” Spaces, weekdays from 7 a.m. to 5 p.m.

        Milton Landing Parking Lot: designate 6 spaces as “4 Hour Parking” Spaces,
        and 6 spaces as “2 Hour Parking” Spaces, weekdays from 7 a.m. to 5 p.m.

To amend Article V, Section 6B of the Traffic Rules and Orders of the Town of Milton (Service Zone), so as to include the following:

        Milton Landing Parking Lot: designate 12 spaces as “Business Service Zone”
        parking from 7:00 a.m. to 5 p.m.
                                        
Wharf Street Public Parking Lot: designate 6 spaces as “Business Service Zone”  Parking from 7:00 a.m. to 5 p.m.
        
To amend Article V, Section I, of the Traffic Rules and Orders of the Town of Milton, Handicap parking, so as to include the following:

        Granite Avenue - to designate a “Handicap Parking” space on the easterly
        side of Granite Avenue from a point two meters southerly of the driveway
        located at 464 Granite Avenue.
        To amend the Traffic Rules and orders as follows:

To place a “Slow-Curve” warning sign on the northerly side of Highland Street, 5 meters easterly of the Marshall Road intersection.

To give conditional approval of ten to fifteen new parking spaces and street scape improvements in the East Milton Square area as proposed by the Town Planner subject to funding.

The Board conducted a public hearing on Property Tax Classification under the provisions of Chapter 40, Section 56 of the Massachusetts General Laws.  The issues for discussion were: allocating of the local property tax levy amount, the five classes of property for FY 2005 tax bills, residential, open space, commercial, industrial and personal property.  

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to:  adopt a Minimum Residential Factor of 97.0282; that no residential exemption be adopted; that no open space discount be adopted; and that no small commercial exemption be adopted.

The Board continued its June 7, 2004 public hearing, pursuant to Chapter 138 of the Massachusetts General Laws, upon the request of the Fruit Center, Inc., 10 Bassett Street for a liquor license to sell at retail, wine, malt and cordials at 10 Bassett Street.

Attorney Michael Modestino responded to comments made in correspondence received from resident  Stephen V. O’Donnell regarding issues of space for a new “department” within the existing space.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to grant a seven day liquor license to the Fruit Center, Inc., 10 Bassett Street, to sell at retail, wine, malt and cordials at 10 Bassett Street, Milton, contingent upon the space for sale of beverages be no more than 200 square feet, and to forward the request to the Alcohol Beverages Commission.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and sign the renewals of Common Victuallers licenses for the following:

                                Radio Coffeehouse, 24 Central Avenue
                                Milton Youth Hockey, Ulin Rink
                                Java Jo’s Coffee Shop, 556 Adams Street
                                The Towne Deli, 27 Central Avenue
                                Newcomb Farms, 1130 Randolph Avenue
                                LETHE, LLC d/b/a Bruegger’s Bagel Bakery
                                CJ’s Sandwich Shoppe, Inc, 537 Adams Street
                                Sodexho Operations, LLC, 2 Granite Avenue
                                Mr. Chan’s Restaurant Group, 538 Adams Street
                                Ho Jarn,, Inc., d/b/a Mr. Chan’s 534 Adams Street
                                Dean’s Special Events Catering, 50 Terminal Street
                                A Lighter Fare, 110 Antwerp Street, Milton
                                Tino’s Pizza, 22 Central Avenue, Milton
                                Stella’s Luncheonette, 558 Adams Street
                                Starbucks Coffee, 552 Adams Street

                                G. H. Bent, 7 Pleasant Street

Marion V. McEttrick moved, James G. Mullen,Jr. seconded and the Board voted unanimously to approve and sign the renewal of an Entertainment License for Java Jo’s Coffee Shop, 556 Adams Street, Milton.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve and sign the renewals of Alcoholic Beverage Licenses for the following establishments:

                        East Milton Package Store, 368 Granite Avenue (7 day)
                        Central Liquor Mart, 26 Central Avenue (7 day)
                        Esprit du Vin (6 day)
                        American Legion Post #114, 123 Granite Avenue
                        Fuller Village, 1399 Blue Hill Avenue
                        Wollaston Golf Club, 999 Randolph Avenue

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted 2-0-1 (James G. Mullen, Jr.) to approve and sign a Sunday Opening permit for Central Liquor Mart, 26 Central Avenue, and East Milton Package Store, 368 Granite Avenue, to sell alcoholic beverages between 12:00 Noon and 6:00 p.m. on Sundays year round.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve a permit for Esprit du Vin to sell alcoholic beverages on  Sundays during the holiday season until New Year’s Day, subject to the conditions of the Alcoholic Beverages Commission.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve a contract in the amount of $56,000 with Weston and Sampson Engineers for the designing and bid process for the third year of a ten year sewer rehabilitation plan, funded through Articles 21 and 26 of the 2004 Annual Town Meeting, and to authorize the Town Administrator to sign and execute this contract.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve a contract with Weston and Sampson Engineers in the amount of $59,600 that will create the town’s sewer and drainage system in Geographic Information System format, funded through Articles 21 and 26 of the 2004 Annual Town Meeting, and to authorize the Town Administrator to sign and execute this contract.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointment of Adam DeCoste of 262 Taylor Avenue, Plymouth, MA to a vacant W-2 position in the Department of Public Works, subject to the approval by the Personnel Board.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the appointment of Jamaal A. Studmire, 8 Francis Street, Milton, to the position of substitute Traffic Supervisor subject to approval by the Personnel Board.
Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve a memo to the Metropolitan Planning Organization regarding local community representation in this organization.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Milton Art Museum Foundation to hang a banner at the corner of Randolph Avenue and Reedsdale Road from November 23 through December 3, announcing its Holiday Art Sale fund raiser on December 3 and December 4 at the First Congregational Church.

Marion V. McEttrick moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of the Milton Garden Club to hang a banner on the East Milton Fire House from November 23 through December 3, announcing its annual Greens Sale on Saturday, December 4.

Charles J. McCarthy moved, Marion V. McEttrick seconded and the Board voted unanimously to approve the request by the Milton Rotary Club to place a lighted Christmas tree in the Baron Hugo Gazebo during this holiday season, and to hold an observance at 7 p.m. on Thursday, December 9, 2004, during which the individual lights, donated in memory of loved ones, will be lit and the names of the individuals will be read.

Town Administrator David Colton reported to the Board that the results of a neighborhood survey among residents of Thacher Street has resulted in a majority of those residents voting for sidewalks on both sides of Thacher Street between Central Avenue and Canton Avenue.  

Mr. Colton also reported on a Bicycle Advisory Committee meeting that was held on December 10th, on recent improvements that were made to the Jewish War Veterans memorial at the corner of Blue Hills Parkway and Blue Hill Avenue, and the Board of Health Flu Clinic schedule.

The Board voted unanimously at 7:15 p.m. to adjourn and to meet with the Planning Board to discuss proposed zoning bylaw changes.


1.      Chairman McCarthy convened a joint meeting with the Planning Board to discuss proposed zoning bylaw changes to be submitted for the 2005 Annual Town Meeting.
        
In attendance were: Alexander Whiteside, Chair, Edward Duffy, Bernard J. Lynch, III, and Town Planner, Aaron Henry.

2.      The Boards discussed Article 8 of the February 23, 2004 Special Town Meeting, an article to amend the Zoning Bylaws to prohibit drive-through food service.

It is the opinion of Mr. Whiteside that our business district is too small to accommodate a drive- through and that the business district will suffer if we have one.

A double article and an article with “high standards” were both discussed.

        Mr. Whiteside agreed to compose an article for the Annual Town meeting.

3.      The Boards discussed a proposed Home Occupation Bylaw that would legalize the 500 plus home businesses in town.  This would be an effort to help people, not constrain them.

Chairman McCarthy recognized the work of the former Home Occupation Study Committee.

The proposed draft article that was presented by Town Planner Aaron Henry specified that:  businesses shall be restricted to no more than 400 square feet and no outside storage of materials is allowed; only persons residing at the premises may work there; there shall be no display of merchandise and the appearance of the dwelling shall not be altered in any manner; no traffic shall be generated and no commercial vehicles will be allowed; no noise, odor, dust or fumes shall be created by the business; home occupation shall not be prohibited by any lease or rental agreement; home occupations involving sexual-oriented business, vehicle or boat repairs, wood or metal construction, biological farming or biological agents and research shall not be permitted, and any violation of the previous conditions shall be cause for revocation of the home occupation business license.

The Boards agreed in concept to this draft and agreed to “fine tuning” it and to co-sponsor it for the Annual Town Meeting.

4.      The Boards discussed a proposed Impervious Surface Zoning Bylaw that would address hard topping front and back yards.  It was suggested that to address this issue, three approaches could be taken:  an amendment to the existing bylaw that would add an open space requirement to Zone C, an amendment to the existing bylaw that would deal with front-yard setback and the use thereof; and an amendment to the existing parking bylaw.
        
5.      The Boards discussed a proposed Mixed-Use Overlay District Bylaw that would permit quality, mixed-use development on smaller lots in the Milton Village/Central Avenue Business District combining both business and residential uses.

6.      A tentative date of February 17th was set for a public hearing for these proposed changes by the Planning Board.

7.      Aaron Henry presented both boards with a time line chart for the purpose of expediting the zoning bylaw amendment process.

James G. Mullen, Jr. moved, Marion V. McEttrick seconded and the Board voted unanimously at 8:30 p.m. to adjourn.