March 3, 2004
The Board met in Regular Session at 7:30 p.m. in its meeting room
at Abbot Hall.
Present (constituting a quorum):
Jeffrey N. Shribman, Chairman
William M. Purdin William L. Woodfin, II
Judith R. Jacobi Harry C. Christensen
Anthony M. Sasso, Town Administrator
MINUTES. Motion made and seconded to approve the minutes of February
18, 2004. All in favor.
HARBOR AND WATERS BOARD. Power Boat Contract. Motion made and seconded to award
the contract for Harbormaster’s Power Boat to the lowest bidder, Eastern
Boats Inc. of Milton, NH in the amount of $168,238.00 and authorize Chairman
to sign on behalf of the Board. All in favor.
PERMISSION. Sandwich Boards. Letter from Linda Hanratty, Tower School Parents
Association Tower Fair Co-Chair requesting permission to place boards to announce
the Tower Fair scheduled for Sunday, May 16 at Tower School from 12 to 3:00
p.m. Motion made and seconded to approve the placement of the boards during
of May 11 to 16 at the Tedesco and Humphrey St. and Lafayette and Maple approved
locations. All in favor.
TRAFFIC AND SAFETY. Parking Space. Letter from Police Lt. Dave Millett recommending
that a fifteen minute parking time limit be set for the parking space that
currently exists at the northeastern corner of Pleasant and Cross Street, directly
of Village Rug Cleaners on Pleasant Street. Motion made and seconded to approve
the fifteen minute parking time limit. All in favor.
TRAFFIC AND SAFETY. Parking Sign. Letter from Police Lt. Dave Millett recommending
that a “No Parking Here to Corner” sign be placed at the twenty-five
foot mark from the southwest corner of Rolleston Road on Atlantic Avenue. Motion
made and seconded to approve the placement of the sign. All in favor.
HISTORICAL COMMISSION. Revolving Fund. Letter from Paul L. Lausier, Chairman
requesting continuance for fiscal 2005 the revolving fund approved, recommended
and authorized by Town Meeting for fiscal 2004. Motion made and seconded to
approve. All in favor.
PERMISSION. Use of Town Seal. Letter from Allison Arneill on behalf of the
Marblehead Conservancy requesting permission to use the Town’s Seal on the brochure
for the Board of Selectmen Perambulation (organized by the Marblehead Conservancy)
on May 15, 2004. Motion made and seconded to approve. All in favor.
PERMISSION. One Day Liquor License. Motion made and seconded to approve the
request of Bernard Bitman, on behalf of Temple Emanu-el for permission to sell
Annual Cabaret on March 14. (The Cabaret was originally approved for 2/1 at
the 1/14 meeting.) All in favor.
TRAFFIC AND SAFETY. Parking Space. Motion made and seconded to rescind the
approval of the creation of a handicapped parking space parallel to the curb,
on the northeasterly
side of Mugford Street, beginning at a point 78- feet northwest of the northwesterly
curb-line of Mechanic Street, thence continuing in a northwesterly direction
for a distance of 20-feet which was previously approved by the Board of Selectmen
on October 2, 2002. All in favor.
PERMISSION. Banner. Motion made and seconded to approve the request of Leslie
Gould, on behalf of the Chamber of Commerce to hang a banner across Pleasant
Street, that reads: Shop, Dine, Stay Marblehead, during the week of March 15.
All in favor.
PERMISSION. Sandwich Boards. Letter from George Gearhart, on behalf of Symphony
by the Sea requesting permission to place boards to announce the Symphony’s
concert scheduled for Saturday, May 1. The concert is scheduled to occur at Abbot
Hall at 8:00 p.m. Motion made and seconded to approve the placement of the boards
during the period of April 26 to May 3 at the Atlantic at Seaview; Lafayette
and Maple and Lafayette and Humphrey approved locations. All in favor.
INVITATION. Annual Banquet. Letter from Paul E. Jalbert, Secretary of the Gerry
#5 Veteran Fireman Association, Inc., inviting a representative of the Board
of Selectmen and his/her guest to attend the Gerry’s Annual Banquet on
Saturday, March 27 to celebrate its 48th year of incorporation.
PERMISSION. One-Day Entertainment License. Letter from Chris Shea, Managing
Partner of The Landing Restaurant requesting permission to play music in the
Pub on March 17 from 7 to 10 p.m. Motion made and seconded to approve provided
that no music may be heard on the streets outside of the Pub. 4-0. Mr. Christensen
PERMISSION. Walk-a-Thon. Letter from Tom Christian, Director of Someone Else’s
Child Foundation, requesting permission to have a walk-a-thon at 9:00 a.m. on
Saturday, October 2, 2004 at the Neck loop to support programs at RAW, an after-school
art therapy program; North Shore’s Children’s Hospital and Someone
Else’s Child. Motion made and seconded to approve the Walk-a-thon, subject
to Police and Fire Department approval. All in favor.
PERMISSION. Use of Abbot Hall. Letter from Thomas Commeret, Head of Marblehead
Community Charter Public School, requesting use of the Abbot Hall auditorium
for its eighth grade graduation ceremony on Wednesday, June 23 from 6 to 9:30
p.m. Motion made and seconded to approve. 4 in favor. Mr. Woodfin against.
PERMISSION. Sandwich Boards. Letter from Peggy Wyman, Parent Liason for Musicals
of Marblehead Middle School requesting permission to place boards to announce
two of the School’s upcoming musicals:
• “Honk” (the musical version of the Ugly Duckling will be held at
the High School on March 19 and 20.
• “Once on this Island” will be held at the High School on April 2
Motion made and seconded to approve the placement of the boards during the
period of March 15 to 22 for the “Honk” show and March 29 to April 4 for
the “Once on this Island” show at the Lafayette and Humphrey; Pleasant
and Essex; Tedesco and Humphrey St. and Lafayette and Maple approved locations.
All in favor.
PRESENTATION. Eagle Court of Honor. Matt Brosnan, Marblehead High School Senior,
appeared before the Board to present the community-service project that he
organized to achieve the Boy Scout Troop 11 prestigious rank of Eagle Scout.
organized a work party to complete rebuild a trail in Wyman Woods. Mr. Brosnan
planned the project and recruited 37 people to help with the work. It was executed
over two days in late November 2002.
LICENSES. Common Victualer. A public hearing was held on the application to
extend the hours of operation on the Common Victualer License issued to Andrew
and Matthew J. O’Connor, Managers and Members of 126 Ventures, LLC, d/b/a
Jack-Tar American Tavern (former d/b/a The Patriot), 126 Washington Street, hereinafter
the “Applicant”. Mr. Kramer, Mr. O’Connor and their attorney
James L. Rudolph, P.C. of Rudolph Friedmann LLP, 92 State Street, Boston, MA
appeared in connection with the application. The Applicant rescinded their request
to modify the hours of operation.
All Alcoholic Beverage License. A public hearing was also held on Applicant’s
application for an All Alcoholic Beverages as a Common Victualer License for
their business 126 Ventures, LLC, d/b/a Jack-Tar American Tavern (former d/b/a
The Patriot), 126 Washington Street. Mr. Kramer, Mr. O’Connor and Mr. Rudolph
appeared in support of their application. Ms. Helaine Hazlett, of 12 Clifton
Avenue, also appeared in support of the Applicant. Motion made and seconded to
continue the hearing on March 10 at 7:35 p.m. 4-0. Mr. Christensen recusant.
LICENSING. Rio Grande Café. Mr. Gordon J. Howard, President of F & H
Enterprises, Inc., d/b/a Rio Grande Café, 12 School Street, appeared before
the Board together with Ms. Jeannine Camarda (owner of 12 School Street) to give
an updated status report of the business and leasing of the building, in light
of the closure of this restaurant. Ms. Camarda advised that a potential purchase
of the business, inclusive of the license, is imminent. Mr. Howard and Ms. Camarda
were scheduled to appear before the Board on March 31 at 7:35 p.m. to update
the Selectmen further.
All Alcoholic Beverage License. A public hearing was also held on the application
of Dan Suriyamongkol, Manager of CPMS, Inc., d/b/a Sticky Rice, 26-28 Hawkes
Street, for an All Alcoholic Beverages as a Common Victualer License for his
business CPMS, Inc., d/b/a Sticky Rice, 26-28 Hawkes Street. Mr. Suriyamongkol
and Amorn Phongtong, President of CPMS, Inc. appeared in support of their application.
Motion made and seconded to continue the hearing on March 10 at 7:50 p.m. 4-0.
Mr. Christensen recusant.
OLD & HISTORIC DISTRICT COMMISSION. Appointment. Susan A. Bragdon, 4 High
Street was interviewed for the position as alternate on this Commission. Motion
made and seconded to put Ms. Bragdon’s name into nomination. All in favor.
Motion made and seconded to appoint Ms. Bragdon to this position. All in favor.
LICENSING. Pledge of License. George Shube, President of D. J. Colbert, Inc.
d/b/a Shube’s Liquor Store, 32 Atlantic Avenue, appeared before the Board
to request permission to pledge his All Kinds of Alcohol Retail Package Store
License to Salem Five Cents Saving Bank, in a connection with a loan made to
his corporation. Motion made and seconded to approve the request. On a polled
vote as follows: Mr. Christensen: in favor; Mr. Woodfin: in favor; Mrs. Jacobi:
in favor; Mr. Purdin: in favor and Mr. Shribman: in favor.
PERMISSION. Signage. Carol Moore, 57 Devereux Street, owner of Ship Shape located
at 128 Washington Street, appeared before the Board to request approval to
hang her business’ sign over a public way which was recently approved by the
Old and Historic District Commission. Motion made and seconded to approve subject
to receipt of the requisite insurance prior to the hanging of the sign. All in
FIREWORKS COMMITTEE. Letters from Police Chief James Carney and Fire Chief
Barry Dixey were read in connection with their notification to the Board that
respective department would be unable to provide the necessary personnel needed
for adequate public safety, at the planned July 4th fireworks display this
year. Michael Mentuck, Fireworks Committee Member, appeared before the Board
to the planned cancellation of this year’s fireworks display and to propose
suggestions to permit the display. Mr. Mentuck will meet with Anthony M. Sasso,
Town Administrator, Chief Carney and Chief Dixey and report back to the Board.
Motion made and seconded to take no action at this time.
APPRECIATION. An endearing letter to the Board of Selectmen, copied to the
Police and Fire Departments was received from Karen Picariello expressing appreciation
to each respective department and members of the community in connection with
the assistance and kindness afforded to her and her family during the recent
fire at her home on Baldwin Rd.
ANNOUNCEMENT/INVITATION. Boy Scouts of America Troop 11. Letter from Jerome
P. Bergeron, Troop 11 Eagle Court Chairperson announcing that Steven Thomas
of 27 Canterbury Road, has achieve the rank of Eagle Scout. Mr. Bergeron’s
also extended an invitation to the Board of Selectmen to attend the Eagle Court
of Honor ceremony planned for Wednesday, March 17 at 7:30 p.m. at St. Stephen’s
Methodist Church. Motion made and seconded to invite Mr. Burnett to appear the
Board of Selectmen and present his Eagle Scout project and to send a letter to
him to congratulate him on his achievement. All in favor.
BOARD OF ASSESSORS. Disciplinary Action. A letter from Kenneth Taylor, Chairman
of the Finance Committee, was read concerning an occurrence at a recent Finance
Committee Liaison meeting involving actions of Michael C. Johnson, the Assistant
Assessor. Richard O. Riess, Chairman appeared to dispute various points of
the letter and to indicate that he would be preparing a response to Mr. Taylor’s
letter. Mr. John Kelly, Secretary of the Board of Assessors, appeared to clarify
portions of the letter. It was noted that Mr. Johnson was disciplined in the
form of a one week leave of absence from his position without pay.
ANNOUNCEMENT. Book Signing. Hilary Lay, Manager of the Spirit of ’76 Bookstore,
appeared before the Board to announce a book-signing scheduled for Saturday,
March 6 from 11 a.m. to 1 p.m. at the Boston Yacht Club. Ben Sherwood, author
of The Death and Life of Charlie St. Cloud, will be available to sign purchased
copies of his novel, which is set in Marblehead, at this event.
BUILDING DEPARTMENT. Appointment. Letter from Robert S. Ives, Building Commissioner
requesting permission to change the hours of the Assistant Wire Inspector position
from full-time (40 hours) to part-time (20 hours). Motion made and seconded
to approve. All in favor.
ANNOUNCEMENT. Mr. Purdin advised that he will not be running for re-election
to the Board of Selectmen this year.
Motion made and seconded to adjourn at 10:43 p.m. All in favor.
Ursula M. Kretschman