BOARD OF SELECTMEN’S MEETING
JULY 28, 2011
Chairman Story called the meeting at PITA Hall to order at 10 a.m. In attendance were Selectmen Story, Bulgaris, Mountain, Walker and Town Counsel Tony Penski. The main purpose of the meeting was to discuss the status of a Notice of Intent relative to the Town’s Order of Conditions for the placement of material along a heavily eroded stretch of dunes south of State Groin #1 on Plum Island.
Conservation Agent Doug Packer noted that initially this order was for extra materials from the dredging project. Later, when it was obvious there would be no extra, it was amended for any material. Mr. Connors and Mr. Nee exercised their rights under this permit and DEP stepped in. DEP has asked the Town to close out the permit. Initially DEP was told no by the Town. Packer advised there were three options regarding this NOI – close it out, do nothing and leave everything status quo, or modify the NOI and sign a resolution that Mr. Connors has provided for the Board’s review and consideration. Selectman Walker moved to keep things as is (do nothing), seconded by Selectman Bulgaris and opened to
discussion. Chairman Story commented that if the Town closes this permit out, DEP may never allow one again and modification may also not be looked on favorably. Counsel Penski advised that it is a question of law at this time and if a judgment is coming forward from the administrative hearings it makes more sense to make no changes. When the Town filed the Order of Conditions it was for excess material from the dredging project for homeowners to use for the profile plan as filed. Material would be stockpiled on Olga Way. The Town never envisioned they would be involved in any of the work because it is all on private property - the work would be done by third parties, the homeowners. Connors noted that it was never in the order of conditions that the potential surplus would cover the needs and extra material would need to be brought in as needed. Packer agreed that from a
practical standpoint it was the same – we would end up with sand on the beach according to the profiles submitted. Steve Bashaw of 35 Annapolis Way commented that they had a vehicle to protect the dunes and protect the homeowners and the water/sewer system. The center is susceptible to a breach which could shut down the whole island. It seems that this is a good vehicle as it stands for three years with the possibility of a three year extension at the determination of the local Conservation Commission. The Newbury Wetlands Bylaw and Mass Wetlands Protection Act were discussed and Connors noted that no work identified in the NOI is outside private property and the owner of record is the person responsible to insure the scope of work of the Order of Conditions is not exceeded. Selectman Walker asked if anyone in the audience had a negative connotation to this project. There was no one. The possible impact of the resolution and reasons for the DEP hearing on the
order of conditions were briefly discussed. Counsel Penski stated that if we are still within the profile of the order of conditions he had a problem with adopting the resolution as presented. He stated he would rather the Board did nothing or closed it out. Selectman Bulgaris noted that there was a motion on the table to do nothing. Selectman Walker asked what the resolution did and did it help the property owners in any way. Penski replied that if adopted it will show up at the administrative hearings with DEP and might conceivable end up drawing the Town into these actions. From a legal standpoint he did not recommend adopting this resolution. Story commented that if in three years there is more sand made available we can use it because of this permit. He asked for a vote on the motion to keep the permit open – status quo and do nothing. It was
voted unanimously. Walker asked if this resolution would be considered a modification or amendment. Packer noted that Conservation has four pages of conditions attached to this order of conditions. It can be modified but under modification it is subject to appeal of what is in the modification. Walker moved to table the resolution for further review and to revisit it at a future meeting, seconded by Bulgaris and voted unanimously. Connors was asked to provide the Selectmen with information showing why this resolution has merit.
A one-day liquor license for Protection Fire Co. #2 for a function on Saturday, July 30th from 7 p.m. to 12 midnight was approved on a motion by Selectman Bulgaris, seconded by Selectman Walker and voted unanimously.
On the recommendation of Chief Reilly, Daniel Jenkins was appointed as Reserve Dispatcher for a one year term on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously.
On the recommendation of Acting Town Clerk Leslie Haley, David W. Roberts was appointed as Burial Agent on a motion by Selectman Bulgaris, seconded by Selectman Mountain and voted unanimously.
The date for the Special Town Meeting was set for September 27, 2011 at 7 p.m. at NES on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously. The warrant for the STM was declared open and it was determined that the warrant would be closed to petition articles on August 31, 2011 on a motion by Selectman Walker, seconded by Selectman Mountain and voted unanimously.
The meeting was adjourned at 11:05 a.m. on a motion by Selectman Walker, seconded by Selectman Bulgaris and voted unanimously
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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