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April 28, 2014
BOARD OF SELECTMEN’S MEETING MONDAY APRIL 28,  2014


In attendance:  Denis F. Keohane, J. Thomas Hurley, Kathleen M. Conlon, Annemarie Fagan, Town Administrator and Paula Rizzi, Executive Secretary

1.      Chairman Keohane convened the meeting at 5:12 p.m. in the Cronin Conference Room of the Town Hall.

2.      The Board confirmed May 1, 2014 at 6:30 p.m. in the Cronin Conference Room and Monday, May 5 at 6:00 p.m. before Town Meeting and each night thereafter at 6:30 p.m., as future meeting dates.

3.      J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve the current payroll and vendor warrants.

4.      Planning Director William Clark read the following statement:  

“I wish to retract a statement that I made at the March 18, 2014 Conservation Commission meeting and apologize to the Milton Times and reporter Laura Griffin.  The item in question was correct and other statements that I made were inappropriate or untrue.

I am sure Ms. Griffin and I will not always agree in the future but I respect her efforts to keep the public informed.”
5.      Keith Mills, 39 Hawthorne Road and owner of Esprit du Vin, complimented the Board  on its 40B comment letter for the Hendries property and thanked members for “looking out” for the interests of the neighborhood.
        Peter Jackson, 14 Capen Street, addressed the Board in support of its efforts to complete the demolition of the Hendries building and inquired why the zoning articles being presented to the annual town meeting were not deferred to the October meeting.  Mr. Jackson also made some suggestions he thought were pertinent to the 40B comment letter to Mass Housing Partnership.
        Margaret Donovan, 41 Central Avenue, addressed the Board in support of the Hendries 40B comment letter, her concerns on the affordable component of the project, parking issues and the demolition process.

6.      Pursuant to Massachusetts General Law Chapter 139 Section1, the Board continued its public hearing to determine whether the property at 131 Eliot Street is a nuisance or a danger to the neighborhood.  Present were Attorney Brandon Moss from Murphy, Hesse, Toomey & Lehane representing the Town and Attorney Brian McDonough representing the Connellys.

        Selectman Hurley updated the Board on a recent meeting with the Connellys that was a follow up to the Board’s April 22 public hearing.  

        The Board reviewed the draft Demolition and Removal Agreement (the Agreement) that was jointly prepared by Attorney Moss and Attorney McDonough.  The Agreement includes a proposed deadline date of May 28, 2014 when Carrick Realty should submit a completed application for an Order of Conditions from the Conservation Commission, a completed application for a license from the MBTA, and a completed application for a demolition permit from the Milton Building Department.  

        Under the Agreement, the Town will be obliged to issue an Invitation for Bids (subject to appropriation) to award a contract for the demolition of the Town-owned portion known as 0 Central Avenue.

        Under the Agreement, Carrick Realty Trust would authorize the Town and its contractors to use the portion of the Carrick property at the corner of Central and Avenue Eliot Street for staging purposes.

        The Agreement addresses liability for both parties upon demolition.

        The Board discussed a time frame for asbestos removal and the documents needed from the structural engineer (including a narrative and an affidavit stating that he will be present during demolition).

        After discussion, Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted 2-1-0, with Kathleen M. Conlon voting yes, J. Thomas Hurley voting yes and Denis F. Keohane voting no, to continue the hearing to the May 1, 2014 when a final draft will be submitted for approval by the Board.

7.      The Board met with Planning Director William Clark and Town Counsel John Flynn.  Mr. Clark reviewed the Hendries 40B comment letter to the Massachusetts Housing Partnership.  

        After discussion, Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to approve the letter in principle (with minor changes suggested by the Board) and to authorize the Chairman to sign on behalf of the Board.

8.      J. Thomas Hurley moved, Kathleen M. Conlon seconded and the Board voted unanimously to approve the recommendation of the Capital Improvement Planning Committee for an additional FY15 department capital need in the amount of $25,000 to the General Fund for computer hardware replacements at the Library.

9.      Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously to approve a request from the Friends of Milton Crew to hold its 3rd Annual Ergathon on Sunday, May 4, 2014 at the following locations:  The Town Green, the Milton Public Library, the Plate, Steel & Rye and Starbucks, contingent upon approval by all entities affected by this event and to approve the temporary display (April 29 – May 4) of sandwich boards at the following locations:  the island by the Plate; the island by Milton High School; the island by Pierce Middle School; East Milton Deck and by Steel & Rye.

10.     Denis F. Keohane moved, Kathleen M. Conlon seconded and the Board voted unanimously to adjourn at 6:15 p.m.