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July 5, 2005
SELECTMEN’S MEETING         TUESDAY, JULY 5, 2005         5:30 p.m.                             

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


Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the June 20 and June 23, 2005 meeting minutes.

In accordance with Chapter 138 of the Massachusetts General Laws a Public Hearing upon the request of Acapulco’s Mexican Family Restaurant for a license to sell all alcoholic beverages at a restaurant at 88 Wharf Street, Milton was continued from June 20, 2005.

Paul Needham, attorney for the Wharf Street residents, addressed the Board regarding an incident at the Amesbury Acapulco’s restaurant that he feels has a bearing on the issuance of a liquor license to 88 Wharf Street.

Nicholas Felici, attorney for the applicant,  provided information regarding a food liquor breakdown in his applicant’s restaurant.

Town Administrator David Colton read a memo from Steven Crawford, Building Commissioner and SED Associates regarding the ventilation system proposed for the restaurant.

        Traffic and parking issues were discussed at length.  

The Board noted receipt of correspondence from Mary Harkins Sullivan, 88 Wharf Street,  from staff at the Law Offices of Thomas S. Eisenstadt, 60 Adams Street, and a response to the Report of the Traffic Commission meeting of 5/25/06 by Gerard L. Gaughan.
        
The Board was introduced to Mr. Efrain Ramirez, the proposed manager for Acapulco’s.  Mr. Ramirez informed the Board of his work history and his qualifications to be manager at 88 Wharf Street and answered questions from residents of 88 Wharf Street.

Selectmen McCarthy asked the applicant to consider the following options: a  smaller overall operation;  no sit-down bar area, only alcohol service at tables; no service of alcohol without food.  He feels that the Town should work to resolve parking issues and asked the Town Administrator to develop a matrix identifying the parking usage at Wharf Street.  Mr. McCarthy also requested that the Town Administrator contact Town Counsel for an interpretation of the special permit, how it defines parking at Wharf Street, whether the “deeded” spaces are in violation of this permit and whether the Amesbury incident has any bearing on the issuance of a license in Milton.

Special Counsel David DeLuca addressed the Board and urged them to continue the hearing process.  He feels that issues can be resolved through input from the applicant and residents.  He advised the Board not to let the incident in Amesbury influence its decision on the issuance of a liquor license in Milton.

James G. Mullen, Jr. moved, Charles J. McCarthy seconded and the Board voted unanimously to continue this hearing until July 18, 2005.

The Board met with Jeff Grant, Chair of the Commission on Disability.  Mr. Grant submitted a document on disk and hard copy regarding the Americans with Disabilities Act as it pertains to accommodations at public meetings and recommended that the Board make it available at Town Hall, the library and the Council on Aging.  He suggested that this information, which is available in video format, should be viewed at a Department Head meeting.  Selectman McCarthy suggested that it be put on the website.

Charles J. Mc Carthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to make copies of Mr. Grant’s document available at Town Hall, at the main Library, at the Council on Aging, on the Town’s website and to host Mr. Grant at the next department head’s meeting to provide training on this most important matter.

The Board met with Building Commissioner Steven Crawford to discuss zoning issues at Curry College, Prince and Quentin Streets, Eagle Farm, Pine Tree Brook, and 389 Reedsdale Road.  The Board also discussed the Zoning/Building Health Codes Committee.  Mr. Crawford feels that there is no need for this committee.  Town Administrator David Colton will speak to the current members of this committee to determine if there is a need for it to continue.

Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to approve the request of Walter Chan for a 22” x 15’ 2” sign (with awning 29” x 15’2”) at 538 Adams Street (Fiesta Mexican Grill and Ice Cream Restaurant) that will be consistent with existing signs at Mr. Chan’s establishments at 534 and 534A Adams Street as recommended by the Sign Review Committee.

Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to award a contract for repairs to a retaining wall on Randolph Avenue between Milton Academy and St. Elizabeth’s Church to Mario Susi and Sons, Inc. of Dorchester, MA in the amount of $323,147.50.

Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to award contracts for waterworks supplies to the following vendors:

        Ferguson Waterworks and Vellano Brothers, Inc. for DUCTILE IRON PIPE
Ferguson Waterworks, Vellano Brothers, Inc., Stiles Co., Inc., Public Works Supply Company, E.J. Prescott, Inc. and Ti Sales, Inc. for MAIN PIPE FITTINGS/REPAIR CLAMPS/WATER SERVICE & GATE BOXES
        Public Works Supply Company for FIRE HYDRANTS


Ferguson Waterworks, Vellano Brothers, Inc., Ti-Sales, Inc., and Stiles Company, Inc., and E.J. Prescott, Inc. for BRASS GOODS
Ferguson Waterworks, Vellano Brothers, Inc., Ti-Sales and E.J. Prescott, Inc. for PVC SEWER PIPE/CLAY TO PVC TRANSITION COUPLINGS
Ferguson Waterworks for NON-STOCK INDIVIDUAL ITEMS TO BE PICKED UP FOR JOBS IN PROGRESS.

Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to accept funds in the amount of $9,068 from Corcoran Construction Corporation to pay for repairs to Highland Street in areas cut and patched during the construction of Milton Highlands.

The Board received a confirmation letter from Representative Angelo Scaccia pledging his support of House Bill H2408 ‘An Act Relative to the Taxation of Telecommunication Companies’.

10.     The Board and Mr. Colton discussed the recent application filed by Milton Hospital  
with the Board of Appeals for a variance for a proposed addition.  

11.     Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to authorize the Town Administrator to ask the Board of Appeals for a continuance of the hospital variance hearing so that department heads can have a chance to review the application.

12.     The Board deferred a discussion on the June 23, 2005 public hearing regarding the development of the Town Yard to its July 18, 2005 meeting and agreed to invite Attorney Jon Whitten to attend for that discussion at 8:00 p.m.

13.     Charles J. McCarthy moved, James G. Mullen, Jr. seconded and the Board voted unanimously to adjourn at 10:30 p.m.