BOARD OF SELECTMEN’S MEETING
JULY 22, 2014
Chairman Walker opened the meeting at 7:00 p.m. with the pledge of allegiance to our flag. In attendance were Selectmen Walker, Bear, Bulgaris, Jespersen, Mountain and Town Administrator Tracy Blais.
Eric Svahn, Chair of the Municipal Building Committee gave a brief report on the progress of the committee. He noted to date there is no budget and no site but they were considering four possible options. He spoke briefly on the hardships under which our police department is working. More public participation is needed in this process and the committee would like to have liaisons from the Board of Selectmen, Finance, Capital Planning and the Planning Board, he stated. Our current goal is to consider the two best options, noting merits and costs. He stressed the importance of a “public awareness program” on which the Selectmen all agreed. Selectman Bulgaris
suggested a citizen from each area of town be appointed to the committee. Steve Fram of Forest St., Byfield expressed interest and was appointed on a motion by Bear, seconded by Bulgaris and voted unanimously. Damon Jespersen will be liaison from the Selectmen with Bulgaris as back up and Martha Taylor will be the initial liaison for the Planning Board.
At 7:25 p.m. the legal notice for a public hearing for a section 15 wine & malt package store license for Plum Crazy, 134 Northern Blvd. was read by Chairman Walker and the hearing was opened. The applicants advised that Plum Crazy is half restaurant and half convenience store from which they hoped to sell wine and beer. There is no liquor served in the restaurant. The previous owners operated in the same manner with a beer & wine license for the convenience store. There being no concerns or questions, Selectman Mountain moved to approve the wine & malt package store license, seconded by Selectman Bear and voted unanimously. This application will be submitted to ABCC for final
approval prior to issuance of the license. The hearing was closed at 7:35 p.m.
Channing Howard, Chair of the Historical Commission distributed copies of the final draft of the “Demolition Delay Bylaw” to the Board. He asked that the bylaw be placed on the Fall Town Meeting warrant. He also asked that the Selectmen approve scheduling two public workshops and give permission to release the bylaw on the web site. Howard gave a brief outline of the new changes. Selectman Mountain asked if these decisions could be put off until the end of the meeting to allow the board time to scan the update and Howard was agreeable.
Ellen Daly of 6 Olga Way spoke about the critical trash situation on the beach. She noted that the dumpster provided by the P.I. Foundation was not sufficient for the summer influx of beach goers, the signs need repair and there is no authority present to stop drinking on the beach, checking fishing licenses and ticketing cars illegally parked. The loss of lifeguards on the beach has added to this problem. Word is out that the beach is unmonitored and even if ticketed for parking it is still cheaper than most beaches in the area. Chairman Walker thanked Ms. Daly for her concern and input. He recognized the misuse of the dumpster on the beach and advised that parking initiatives were being investigated and a parking
survey was currently in hand for review. Chief Reilly noted that littering is against the law and fines can be imposed but unfortunately we do not have the manpower. He also admitted to public safety concerns and expressed hope that lifeguards could be reinstated in the future. TA Blais advised they were corresponding with the P.I. Foundation and were actively engaged with MVPC to address traffic and parking on the island. However, we still don’t have the resources to provide the services that have been cancelled over the years, she stated.
TA Blais briefly updated the Board on the rabid fox attacks in the Marsh Ave. area. The Police have issued a code red announcement and the ACO recommends keeping pets inside. Data collection is ongoing and the Patriot representatives conducting the review have proper identification in case of any questions. Thanks to the hard work of Ellen Jameson, MIIA has credited the Town $3,700 in recognition of our employee attendance at training seminars. With the approval of the Board, the Fall Special Town Meeting will be scheduled for October 21, 2014 at 7:p.m. at NES. Selectman Bear moved to approve the fall meeting date, seconded by Selectman Bulgaris and voted unanimously.
Financing has been secured for the new pumper for Protection #2 and the contract is being reviewed by Counsel. Protection #2 has also been awarded a grant in the amount of $250K to replace their tanker. On a final note, Blais welcomed Eileen Deveau as the new Town Accountant replacing Angel Wills.
Steve Long of Borrego Solar presented plans and applications for special permits for two proposed solar arrays. The first is 11 acres at 136 Main Street, owned by the Yesairs. He briefly described the project for the audience and noted he has been working with Conservation for wetland and storm water input. The second location is 10 acres at 8 Middle Road, owned by Nicholas Realty Co. This project was also described by Long and questions from the audience were fielded by Long. Selectman Mountain moved to accept the applications as presented, seconded by Selectman Jespersen and voted unanimously. Selectman Mountain moved to hold a public hearing August 26, 2014 @ 7:30 p.m. on
the two applications, seconded by Selectman Bear and voted unanimously. It was noted by the Borrego reps that they were under a time crunch as the deadline for applying for state incentives that would make the projects financially feasible was August 30th.
The warrant for the State Primary September 9, 2014 was signed by Board for Town Clerk Leslie Haley.
A new business license for Henrica J. Kruijf d/b/a Ocean Haircut @ 12-49th Street was approved, contingent on proper permits being issued by the Building Inspector and BOH, on a motion by Selectman Bear, seconded by Selectman Jespersen and voted unanimously.
A license renewal for blue, the Inn on the Beach for their parking lot @ 11 Fordham Way was approved on a motion by Selectman Mountain, seconded by Selectman Bear and voted unanimously.
A late application for a commercial clamming license was discussed and approved for Ben Stickney, 18 Fruit Street on a motion by Selectman Jespersen, seconded by Selectman Bulgaris and voted unanimously. Mr. Stickney was present at the meeting.
A request from Plum Crazy to change the parking by permit signs in the vicinity of the restaurant was tabled until the parking study comes available.
Gregg Pugh of the Beachcoma appeared before the Board to plead his case for amplified music at his restaurant on Sundays from 4-7 p.m. His original request for unamplified music was tabled at the last meeting pending receipt of a more descriptive request. Pugh suggested installing a decibel reader outside the building to insure the noise level from the building was not offensive to the neighbors. What is acceptable, be it amped or un-amped, he asked. The dates would be Sundays from 4-7 p.m. through October or the end of the year if acceptable. Sam Joslin advised that language within the state building code was very vague and he suggested the town set some guidelines regarding entertainment licenses and
what type of entertainment should trigger input from fire and police. He also suggested online training in crowd control for Pugh’s staff. Chairman Walker asked the crowd who was in favor of Pugh’s request and the majority raised their hands. There was no one in opposition. Several people praised Gregg’s charitable endeavors, generosity and support of the community. Acting on the original request for un-amped music on Sundays 4-7 p.m., as Mr. Pugh did not submit an updated written request, it was moved by Selectman Mountain, seconded by Selectman Jespersen to allow un-amped music on Sundays 4-7 p.m. through January 1st, - the motion was voted 4-1 with Bulgaris opposed. Pugh was advised he could return at any time with a written request to change this decision.
A one-day liquor license for Protection #2 for an event Friday, August 15, 2014 from 5-10 p.m. was approved on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
A one-day liquor license for Richard Delmonico for a wedding @ SPLF Saturday, August 2, 2014 from 2-9:30 p.m. was approved on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
A one-day liquor license for Sticky Molasses LLC for a wedding at SPLF Saturday, August 23, 2014 from 4-9:30 p.m. was approved on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously.
Appointment renewals were approved for Rebecca Takesian for the Recreation Committee and Tim Leonard for Special Police/Deputy Emergency Management Director on a motion by Selectman Bear, seconded by selectman Jespersen and voted unanimously.
It was voted unanimously on a motion by Selectman Jespersen, seconded by Selectman Mountain to refund the “commercial clamming permit” fee to the Foley family for David Foley (deceased) as recommended by the Fish Commissioners.
The minutes of the June 17th meeting were accepted as presented on a motion by Selectman Bear, seconded by Selectman Bulgaris and voted unanimously. The minutes of the July 14th meeting were accepted as presented on a motion by Selectman Bear, seconded by Selectman Jespersen and voted by Bear, Bulgaris, Jespersen and Walker. Selectman Mountain abstained as he was not present at that meeting.
A Conservation Restriction for the Marsh Meadow Subdivision was signed as moved by Selectman Mountain, seconded by Selectman Jespersen and voted unanimously. Martha Taylor explained there was a discrepancy in the dates signed on the first restriction and it was returned for correction.
A letter of thanks to the Town from the BCAC for support of their Byfield Music and Arts Festival held at Manter Field was read and filed.
A letter from the Yankee Homecoming Committee regarding their Homecoming King and Queen was read and filed.
Channing Howard, Nancy Thurlow, Jan Forrest and Lon Hachmeister, members of the Historical Commission spoke on the final changes of the Demolition Delay Bylaw which was presented earlier in the evening to the Board. The commission explained the final changes noting this is a general bylaw. They asked to move forward with public workshops and to place the info on the town website for the general public. Two workshops have been scheduled, Howard noted. It was moved by Selectman Bear, seconded by Selectman Jespersen to place the bylaw on the fall town meeting warrant, allow two workshops to be held and to make the website available to the Historic Commission for info to the public.
Selectman Mountain asked about “demolition by neglect” and Howard advised it was covered by the bylaw. The motion was voted unanimously.
Warrants were signed for TA Blais.
At 9:25 p.m. the meeting was adjourned on a motion by Selectman Bear, seconded by Selectman Jespersen and voted unanimously.
Respectfully submitted,
Kathleen Sirois, Admin. Asst.
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