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August 19, 2014
BOARD OF SELECTMEN’S MEETING TUESDAY, AUGUST 19, 2014

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

1.      Chairman Conlon convened the meeting at 6:37 p.m., in the Cronin Conference Room of the Town Hall.

Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously at 6:37 p.m. to enter Executive Session to consider the purchase, exchange, lease or value of real property (0 Central Avenue), believing that having this discussion in open session would have a detrimental effect on the bargaining position of the body and to return to open session.

2.      Chairman Conlon reconvened open session at 7:40 p.m.

3.      The Board confirmed the following future meeting dates:  August 26 at 8:00 p.m. (after the Milton landing site walk at 6:30 p.m.), September 2 at 7:00 p.m., September 3 at 7:00 p.m. at the Council on Aging, September 9 at 7:00 p.m. and September 23, 2014 at 7:00 p.m.

4.      J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to approve the current payroll and vendor warrants.

5.      Keith Mills, 39 Hawthorn Road, Peter Jackson, 14 Capen Street and David Conant, 152 Eliot Street addressed the Board regarding their concerns about the Hendries building and the future development of the area.

6.      In conformity with the requirements of Section 22 of Chapter 166 of the M.G.L., the Board convened a public hearing upon request from NSTAR Electric to install conduit in Eliot Street and Brush Hill Road.  The hearing was continued from August 12, 2014.

        All abutters have been notified and René Banks Clark was present to represent NSTAR Electric.

        After discussion, Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously to approve a request from NSTAR Electric to install approximately 9 feet of conduit at pole 43/8, Eliot Street to provide overhead electric service to #50 Eliot Street.

        After discussion, Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously to approve a request from NSTAR Electric to install 8 feet of conduit at pole 27/50 and to install approximately 6 feet of conduit at pole 27/58, Brush Hill Road to provide overhead electric service to #1000 and #1016 Brush Hill Road (Curry College).

7.      The Board met with Building Commissioner Joseph Prondak to discuss a request from Attorney Ned Corcoran for the Board of Selectmen to authorize the Building Commissioner to extend the building permits for the proposed mixed use project at 10 Adams Street (formerly 2 Adams Street).

After discussion, the Board agreed to authorize the Building Commissioner to extend the building permits for the proposed mixed use project at 10 Adams Street (formerly 2 Adams Street), contingent upon the Special Permit (issued by the Planning Board) and a variance (granted by the Zoning Board of Appeals) being valid.  Should the Special Permit and/or the variance be lapsed, these permits can be reissued by the pertinent government body.

8.      Pursuant to Massachusetts General Laws Chapter 139, Section 1, the Board convened a public hearing to determine whether or not to issue an order adjudging a building located on a parcel of land at Central Avenue and Eliot Streets (ownership of which is unknown) to be a nuisance or dangerous to the neighborhood and to describe its disposition.

        Attorney Brandon Moss stated that the public hearing was noticed by legal ad in the local newspaper and by posting a written notice on the building.   Building Commissioner Joseph Prondak gave the Board evidence on the current condition of the building.  The owner of the parcel is unknown and, upon inquiry, no purported owner came forward at the hearing.  Based on Mr. Prondak’s opinion that the building was unsafe to occupy or to repair, J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously, pursuant to Massachusetts General Laws Chapter 139, Section 1, to adjudge the existing building located on a certain parcel of land containing approximately one thousand two hundred twenty (1,220) square feet, located at Central Avenue and Eliot Streets, Milton, Massachusetts, between property owned by the Town of Milton and property owned by Carrick Realty Trust, a nuisance to the neighborhood, and/or dangerous, based upon the testimony and evidence received, and to issue written order to prescribe the disposition of the building.

9.      The Board met with Chief Wells, Public Works Director Joseph Lynch and Town Engineer John Thompson to discuss a request for a temporary 30 day restriction as part of a new initiative which will overhaul and redesign Blue Hills Parkway from Route 138 to the Boston line.  

        After discussion, Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously to approve a 30 day experimental restriction to close Eliot Street to all Eastbound traffic from Blue Hills Parkway and to allow BETA Group working on behalf of DCR to collect traffic data from Willoughby Road and Curtis Road, and Briarfield Road between Brook Road and Hawthorn Road. (Data will be collected on day 2, day 7 and weekly until the trial ends.  The trial period will begin the week of September 15 and last for 30 days unless terminated earlier by the Board).

10.     J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to approve the temporary seasonal appointments of Alec Sartanowicz, Anthony Nocella and Alston Potts as Engineering Interns students in the Department of Public Works.  Mr. Sartanowicz and Mr. Potts have been approved by the Personnel Board, Mr. Nocella’s appointment is contingent upon approval by the Personnel Board.

11.     Denis F. Keohane moved, J. Thomas Hurley seconded and the Board voted unanimously to approve the appointment of Mathew Murphy to the position of Maintenance/Painter in the Consolidated Facilities Department (W3) contingent upon a pre-employment physical and a satisfactory background check.

12.     J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously
to appoint of Joseph M. Reardon, 49 Grafton Road, to the Norfolk County Advisory Board to serve through August 2015.

J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously to appoint Cindy Christiansen, 59 Collamore Street, to the Airplane Noise Advisory Committee to serve through July 2015, contingent upon approval by the Board of Health and Ms. Christiansen’s pending motion to withdraw as a party to the litigation, Fleitman v. FAA, being allowed by the Court of Appeals for the First Circuit.

13.     The Board deferred discussion on the Firefighter’s Medical Expense Override ballot question.

14.      Ms. Conlon, on behalf of the Board, made the following statement relative to the town-owned property at 0 Central Avenue:   

The Board of Selectmen believes that the highest and best use of the Town-owned property at 0 Central Avenue is to combine it with the property at 131 Eliot Street, which is owned by Carrick Realty Trust, and to build a mixed-use, commercial and residential development on the site.

To that end, at the suggestion of Senator Brian Joyce and through the efforts of many Town employees, Town Counsel and elected officials, and thanks to the support of Governor Patrick, the Town obtained special legislation authorizing us to acquire a small parcel, title to which has been unclear, and to convey that parcel and the Town's parcel to Carrick for fair value as determined by the Board of Selectmen.  The sale would be contingent upon Carrick obtaining a special permit from the Planning Board.  

The Board of Selectmen is committed to negotiating in good faith with Carrick Realty Trust to achieve an outcome that will be in the best interest of the Town.  There are important issues at play.  Achieving more affordable housing in Milton is an important objective of the Board.  So too is preserving what little business space we can, given that the property is located in a business district, and that the Town has a small commercial tax base that has shrunk even more in recent times.  Traffic and the adequacy of parking in the Central Ave/ Eliot St business district are also important considerations.

We have reached out to Mr. Connelly, the principal of Carrick Realty, and we are hopeful that we will reach an agreement that produces a mixed-use development and a positive outcome for the Town and Carrick.  Mr. Connelly has a business to run but he is also our neighbor and we believe he will work with us to achieve the best outcome for an important gateway to our Town.
     
15.     Mr. Keohane clarified his statements about the issue of airplane noise.  Mr. Hurley updated the Board on a meeting with Representative Timilty regarding the lease agreement for the Ulin Rink.

16.     During Citizens Speak Response, Chief Richard Wells reported on the recent complaints regarding the noise associated with motorcycles and foreign made street bikes in our neighborhoods.  Chief Wells assured the Board that his department responds to the noise complaints and understands residents’ frustration.  Chief Wells promised to do everything he can to deal with this issue.  Chief Wells stated that Milton Police will not pursue these vehicles at high speeds because there is too much potential for harm to residents.  Mr. Hurley asked that information about the demolition of 131 Eliot Street and 0 Central Avenue be added to the Town’s website.

17.     Kathleen M. Conlon moved, J. Thomas Hurley seconded and the Board voted unanimously at 8:54 p.m. with Kathleen M. Conlon voting yes, Denis F. Keohane voting yes and J. Thomas Hurley voting yes to enter executive session to consider the purchase, exchange, lease or value of real property (0 Central Avenue), to conduct strategy sessions in preparation for negotiations with nonunion personnel (Deputy Police Chief’s contract), to conduct contract negotiations with nonunion personnel (Town Administrator’s contract), to review executive session meeting minutes for release to the public and to return to open session to adjourn.

18.     J. Thomas Hurley moved, Denis F. Keohane seconded and the Board voted unanimously at 9:12 p.m. to adjourn.