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March 12, 2014
Warrant Committee
March 12, 2014
Twenty ninth meeting

Present:        T. Hays, K. Sorgi, D. Turner, P. Pasquerella, S. Genega, J. Wilson, S. Loranger, R. Boehler

Absent:         K. Chase, N. Bourque, G. Noonan, C. Cahill, C. Tougias, S. McCurdy, J. Schindler

Attendees:      Joseph Prondak, Joseph Lynch, Katie Conlon, Annemarie Fagan, Paul Hogan, Jean Falconi

Reserve Fund:   $240,877.00

  • Chair Hays called the meeting to order at 7:35 pm in the Carol Blute Conference Room.
  • Chair Hays recognized Joseph Prondak, Building Commissioner to present the article submitted for the Annual Town meeting to amend the Zoning Bylaws Section X1-Penalties, which is Article 13 of the 2014 Annual Town Meeting Warrant.
  • On a motion made by Member Genega and seconded by Member Wilson the Warrant Committee voted 8/0/0 to RECOMMEND that the Town vote to amend Chapter 10 of the General By-laws, known as the Zoning By-laws, by adding the following sentence at the end of Section XI.A, Section XI. B., and Section XI.C:
“During the year after an initial violation is cited to the violator by the Building Commissioner, each fortnight, during which the violation continues, shall constitute a separate offense.”
As amended, Section XI. would read:
“Section XI.  Penalty.
  • Any person, firm or corporation who violates, disobeys, neglects, or refuses to comply with Section III.B.l.(a) or (b) of this By-law shall be fined in a sum not to exceed fifty dollars ($50.00) for each offense. During the year after an initial violation is cited to the violator by the Building Commissioner, each fortnight that such violation continues shall constitute a separate offense.
  • Any person, firm or corporation who violates, disobeys, neglects, or refuses to comply with any other provisions of this By-law shall be fined in a sum not to exceed three hundred dollars ($300.00) for each offense. During the year after an initial violation is cited to the violator by the Building Commissioner, each fortnight that such violation continues shall constitute a separate offense.
  • Any person, firm or corporation who violates any provision of this By-law, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition in accordance with Chapter 40, Section 21D of the Massachusetts General Laws. A noncriminal disposition under this subsection C shall not preclude further judicial proceedings regarding continuing violation of the Zoning Bylaws beyond the date of said noncriminal disposition.
Each violation of Section III.B.l.(a) or (b) of this By-law shall be punishable by a fine not to exceed fifty dollars ($50.00) for each offense. Each violation of any other provision of this By-law shall be punishable by a fine not to exceed three hundred dollars ($300.00) for each offense.
During the year after an initial violation is cited to the violator by the Building Commissioner, each fortnight that such offense continues shall constitute a separate offense.”.

  • Chair Hays thanked Mr. Prondak for his presentation.
  • Chair Hays recognized Joseph Lynch, DPW Director to present Article 17 of the 2014 ATM Warrant, seeking funds for a DPW Feasibility Study.
  • Chair Hays thanked Mr. Lynch for his presentation of the DPW Feasibility Study article.
  • Chair Hays recognized attorney Paul Hogan and his client Jean Falconi, of Falconi Properties to present the article for the Home Rule petition for a liquor license for Milton Theatre, LLC which is article 39 of the 2014 Annual Town Meeting Warrant.
  • On a motion made by Member Genega and seconded by Member Sorgi the Warrant Committee voted 6/2/0 to recommend RECOMMEND that the Town vote to authorize the Board of Selectmen to petition the General Court to enact legislation in substantially the following form, provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition.
AN ACT AUTHORIZING THE TOWN OF MILTON TO ISSUE AN ADDITIONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES OF A CERTAIN RESTAURANT
Be it enacted by the Senate and House of Representatives in General Court assembled, and by authority of same, as follows:
SECTION 1. Notwithstanding the provisions of sections 11 and 17 of chapter 138 of the General Laws, the licensing authority of the Town of Milton may grant an additional license for the sale of all alcoholic beverages to be drunk on the premises of the restaurant located at 554-558B Adams Street, which is owned by Milton Theatre, LLC or its successor in interest, provided that any successor in interest shall be subject to approval by the Milton Board of Selectmen and the Alcoholic Beverages Control Commission; provided however, that an application to transfer the license to a successor in interest shall be granted and approved according to the standard for a new license; and provided further that all procedures set forth under section 15A of chapter 138 shall be applicable thereto. The license shall be subject to all of said chapter 138, except said section 17. The licensing authority shall not approve the transfer of the license to any other locate.
SECTION 2: This act shall take effect upon its passage.

  • On a motion made by Member Genega and seconded by Member Loranger the Warrant Committee voted unanimously to adjourn at 9:26 pm. 8/0/0
Reserve Fund:   $240,877.00

Respectfully submitted,
Tricia Cahill, Warrant Committee Clerk