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Board of Selectmen Meeting Minutes 1-13-2015


Town of Newbury
Board of Selectmen

MINUTES



Date:           January 13, 2015

Present:        Chairman Geoffrey Walker, Selectmen, Chuck Bear and Damon Jespersen

Chairman, Geoffrey Walker called the meeting to order at 7:00 p.m. with the salute to the flag.

Citizen’s Concerns:  No citizen’s concerns

New Business:

The request of Margaret Gillis of the Museum of Old Newbury to place signs throughout the Town of Newbury from May 25th through June 15th for the 36th annual garden tour to be held June 13th and 14th, 2015 was explained by Ms. Gillis.

        Motion: A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to approve the request.

The current Commercial Clam Permit Application, 2014-2015 Season and the current Regulations for Clam Industry and Taking of Sea worms in Newbury, April 1, 2014 – March 31, 2015, in preparation for the February 1, 2015 distribution for the 2015/2016 season were discussed. No changes were made to the language of the application or to the regulations from the prior year.

        Motion:  A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to approve the Commercial Clam Permit Application, 2014-2015
        season and the current Regulations for Clam Industry and Taking of Sea worms in Newbury, April 1, 2014 – March 31, 2015 for distribution for the 2015-2016 season.

The 2015 Business License Renewals were reviewed.

        Motion: A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to approve all 2015 Business License Renewals listed as follows:
        
  • James Richard dba All American Automotive, LLC, 61 Main Street, Byfield, Used Car Dealer, Class II
  • Mohammed Almadani dba Ampet Inc., 34 High Rd, Gas, Automotive Repair, Sale of
related goods
  • Kevin Moazeni dba Seacoast Cycle, 4 Newburyport Turnpike, Used Car Dealer, Class II
  • George Jonaitis dba Plum Island Bicycle Rentals, 4 Plum Island Blvd, General Business
  • Howard Tolman dba Tolman Automotive, 24 Middle Rd, General Business/Automotive
  • Pert Lowell dba Pert Lowell Company, Inc., Lane’s End, General Business/Boat Restoration & Sales
  • Linda M. Gamache dba Sadie’s for Hair, 6J Fruit St, Beauty Salon
  • Norma D. Reader dba High Tail Acres, 120 High Rd, Farm Products: Feeds and  
Related Items
  • Jane M. Volpone, Treas./Clerk dba Volpone Towing Service, 88 R Newburyport Tpke, General Business/Towing
  • Gregg Pugh dba Plum Island Beachcoma Restraurant, Inc., 23 Plum Island Blvd,
Common Victualler
  • Sylvanowicz Family Associates, Inc. dba Main St Mini Mart and D&J Liquors, 53 Main St, Byfield, Common Victualler
  • Jeremy P. Keohane dba Jaiden Auto, 6 Newburyport Tpke, Used Car Dealer, Class II
  • Gail Gandolfi dba Flukes and Finds, 160 Hay St, General Business, Buy & Sell Antiques & Second Hand Articles
  • John P. Salter, Jr. dba Special Interest Autos of Newburyport, 196 Scotland Rd, Used Car Dealer, Class II
  • James R. Motzkin, Treasurer dba Newbury Auto Sales, Inc., 60 Newburyport Tpke, Motor Vehicle Junk License, Class III
  • Charon Pearson dba Pearson Hardware, 6A Fruit St, Byfield, General Business
  • Bob Hartigan dba Bob Lobster, 49 Plum Island Blvd, Common Victualer
  • Henry C. Becker dba Henry C. Becker Custom Building Ltd, 57 Southern Blvd, Custom Woodworking and Construction
  • Michael/Kate Duffield dba Newbury Kayak and Canoe, 291 High Rd, General Business/Marine
  • Carla Capolupo dba Carla Capolupo, 26 Plum Island Blvd, Parking Lot
  • Sandra Schauer & Cynthia Erekson dba The Quilted Acorn, 72 Newburyport Tpke, General Business
  • Brandon Kelly dba Store-U-Self Self Storage, 12 Kent Way, Byfield, General Business/Self Storage
  • David S. Pritchard dba Aran Trading Ltd, 108 Newburyport Tpke, General Business, Rental, Leasing &  Sales of Storage Containers & Truck Containers
  • William Pierce dba Willy P Dogs, 86 Newburyport Turnpike, Common Victualler
  • William Michael Pierce, Sr. dba Willy P Classics, 86 Newburyport Turnpike, Used Car Dealer, Class II
  • Gary Machiros dba Applied Automotive Technology, 4 Old Point Rd, General Business/ Automotive
  • Gary Machiros dba Angies Service, Inc., 1 Plum Island Blvd, Used Car Dealer, Class II
  • Edwin Carrier & Michael Tartaglione dba Autowerkes of Hampton Falls, Inc, 88 Newburyport Turnpike, Used Car Dealer, Class II
  • Shiela Bussone dba In The Barn, 286 High Road, Crafts, Gifts, Antiques, Collectible
The One-day Liquor License application for Protection Fire Co. No. 2, Retirement Party, Jan. 24, 2015 From 6-10 p.m. was reviewed.
        
         Motion: A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to approve the one-day Liquor License Application for Protection  Fire Company No. 2, January 24, 2015 from 6-10    p.m.

The letter of resignation of Department of Public Works Director, Timothy Leonard Sr., effective January 12, 2015, was read and accepted.

The request of Cathy Pugh of Plum Island Beachcoma for live amplified music on all Sundays from 4:00 to 7:00 p.m. was discussed. Cathy explained the appeal hearing at the Massachusetts Board of Building Regulations and Standards she and her husband Gregg Pugh and Town of Newbury Building Inspector, Sam Joslin, attended on December 16, 2014. The BBRC reviewed the definition and conditions of a nightclub and determined that Plum Island Beachcoma was not classified as a night club if live entertainment was presented on Sundays (only) from 4:00 p.m. to 7:00 p.m. Selectman Jespersen stated that the Pugh’s had done due diligence in going before the State as suggested by the Town and therefore consideration should be given for that. Selectman Bear emphasized the need and requested the continued practice of a good neighbor policy in regard to the amplified music. Chairman Walker stated that with the absence of Sam Joslin to report further on the BBRC hearing, if any stipulations had been missed and later reported by Sam, the Beachcoma must abide by the requests of the Building Inspector. Cathy Pugh agreed to all.

        Motion: A motion was made by Selectmen Jespersen, seconded by Selectman Bear voted unanimously to approve the request of Cathy Pugh of Plum Island Beachcoma for live amplified music on all Sundays from 4:00 to       7:00 p.m.

Minutes:

        Motion: A motion was made by Selectman Bear, seconded by Selectman Jespersen and voted unanimously to approve the minutes of the December 23, 2014 meeting as presented.

Board and Committee Reports:

John O’Connell of Storm Water Management gave an update to the Selectmen on the new draft, National Pollutant Discharge Elimination System (NPDES) storm water program permit issued by the EPA.

Public Hearing:

Motion: At 7:30 p.m. a motion was made by Selectman Jespersen seconded by Selectman Bear and voted unanimously to open the public hearing of the Newbury Board of Selectmen for a Water Supply Protection Overlay District Special Permit for development of a mixed-use commercial building at 76 Newburyport Turnpike, Map R47, Parcel 16, for applicant Michael Houlihan, Roots to Wings Yoga and Healing.

John Weis, Chairman of the Planning Board called the Planning Board meeting to order and opened the public hearing for site plan review approval for development of a mixed-use commercial building at 76 Newburyport Turnpike, Map R47, Parcel 16, for applicant Michael Houlihan, Roots to Wings Yoga and Healing.

The legal notice for the joint public hearing was read by Selectman Jespersen. Discussion followed pertaining to the absence of a super majority vote (4 out of 5 members) of the Board of Selectmen. Town Planner, Martha Taylor, reported that Town Counsel had recommended that the joint meeting be continued with a reconstituted Board of Selectmen following the Special Election of February 10th.   

        Motion: A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to continue the public hearing of the Newbury Board of Selectmen for a Water Supply Protection Overlay District      Special Permit to the February 18th meeting of the Planning Board.

Motion: A motion was made by Planning Board Chairman, John Weis, seconded by John O’Connell and voted unanimously to continue the public hearing of the Planning Board for site plan review approval to February 18th.

Warrants:

         Motion: A motion was made by Selectman Bear, seconded by Selectmen Jespersen and voted unanimously to approve the Warrants as presented. Warrants presented were signed by the Board of Selectmen.

Meeting Updates:

Selectman Bear reported that at his invitation, he had an informal coffee meeting with several Byfield community members to discuss topics important to them. Also in attendance were members of the School Committee. Topics discussed were the stadium at the High School and the proposed new, combined Police Station and Town Hall.  

Executive Session:  No Executive Session

Adjournment:

        Motion: At 7:45 p.m. a motion to adjourn was made by Selectmen Jespersen, seconded by Selectman Bear voted unanimously.

Respectfully submitted,
Ellen Jameson
Executive Administrator