SELECTMEN’S MEETING

April 8, 2003 7:00 p.m.

Bourne Town Hall Conference Room

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Town Administrator

William R. Griffin

Board of Selectmen

Mark A. Tirrell, Chairman

Linda M. Zuern, Vice Chairman

Richard E. LaFarge, Clerk

James T. Grady

W. Thomas Barlow

MOTION by Selectman Tirrell and SECONDED by Selectman Zuern the minutes of April 1, 2003 be accepted as presented.

Favorable: Selectmen Tirrell, Zuern and Grady

Abstained: Selectmen Barlow and LaFarge – newly elected

Selectman Zuern nominated Selectman Tirrell seconded by Selectman Barlow.

Selectman LaFarge nominated Selectman Grady seconded by Selectman Grady.

Vote on Selectman Tirrell

Favorable: Selectmen Tirrell, Zuern and Barlow

Opposed: Selectmen Grady and LaFarge

Selectman Tirrell is the new Chairman of the Board of Selectmen.

Selectman Barlow nominated Selectman Zuern seconded by Selectman Zuern.

Selectman Zuern is the new Vice Chairman of the Board of Selectmen.

Selectman Barlow nominated Selectman Grady and Selectman Grady declined.

Selectman Grady nominated Selectman LaFarge seconded by Selectman Zuern.

Selectman LaFarge is the new Clerk of the Board of Selectmen.

Correspondence was read by Chairman Tirrell.

Agenda Item # 10 Use of Town Property was taken out of order

MOTION by Selectman Zuern and SECONDED by Selectman Barlow to approve the request of the Hyannis Port Bike Challenge.

MOTION by Selectman Barlow and SECONDED by Selectman Zuern to approve the request of the Chamber of Commerce for their Concerts in the Park Program.

7:15 p.m. Smitty’s Sports Pub Hearing – Extension of premises.

Chairman Tirrell read the request to include in the premises 2 grassy areas.

Attorney Wagner and Daniel Smith of Smitty’s Sports Pub went over the reasons for the request to add the 2 grassy areas to premises.

The Town Administrator stated that a meeting was held today with the Police and Fire Departments as well as Mr. Smith. The Police and Fire Department submitted conditions. If the Board of Selectmen decides to add the grassy areas these conditions should be included. He went over the plan and the conditions.

Discussion was held.

MOTION by Selectman Barlow and SECONDED by Selectman Zuern to approve the extension of premises of Smitty’s Sports Pub to include two (2) grassy areas adjacent to the existing outside deck with the following conditions:

1. That two exits off the outside deck be maintained at all times.
2. That clear and unimpeded passage to the exits off the deck and through the two grassy areas to the parking lot be maintained at all times.
3. That exterior lighting approved by the Bourne Fire Department be installed on each side of the building to illuminate the pathway to the parking lot.
4. That no cooking takes place on the outside deck structure.
5. That the licensee prepare a site plan of the parking area for the licensed premise to be submitted to the Bourne Fire Department for its review and approval. The site plan shall detail the layout of customer parking and suitable fire lanes for emergency vehicle access.

MOTION AMENDED by Selectman LaFarge and SECONDED by Selectman Zuern to include:

6. Outside cooking facilities (gas, charcoal, wood etc.) subject to Bourne Fire Department’s approval.

Chairman Tirrell went over the letter that was received from the Town of Plymouth with their opinion. They are now asking our Board of Selectmen for theirs.

Selectmen Grady and LaFarge suggested an article or a resolution go before Town Meeting.

Selectman Zuern stated that a letter should be sent from the Board of Selectmen.

Discussion was held.

MOTION by Selectman Grady and SECONDED by Selectman Barlow that we (the Board of Selectmen) take no affirmative action.

Favorable: Selectmen Grady, Tirrell, Zuern and Barlow

Opposed: Selectman Zuern

Town Administrator commented on the lease of the Taylor’s Point Marina (Bourne Marina) with the Massachusetts Maritime Academy. He also commented on the Shore and Harbor Committee’s recommendations. There was a sub-committee formed and the consensus was that the Town should operate the Marina. He praised the Maritime Academy for the great job that they have done. He asked Department of Natural Resources Director George Weinert to go over the operation.

George Weinert went over the reasons why Bourne Marina should be taken over by the town.

Discussion was held.

Steve Mealy, Chairman of the Shore and Harbor Committee commented on the budget of the Massachusetts Maritime Academy and complimented their operation.

Commodore Richard Gurnon of the Massachusetts Maritime Academy commented on the Academy’s history and operation of the Bourne Marina and stated that they would like to continue to operate the Marina.

Tom McKenzie, manager of the Bourne Marina for the Massachusetts Maritime Academy commented on finances.

Mark DeCicco, a patron of the Marina, commented on maintenance, expenses, and fees.

Discussion was held.

Town Administrator commented on the seven-month budget of the Bourne Marina starting in November, as that is when the contract expires with the Massachusetts Maritime Academy.

Selectman LaFarge suggested a business plan.

Selectman Grady stated that a decision should not be made tonight and stated his reasons.

Discussion was held.

Documents were requested by the Board of Selectman to include comments from the Shore & Harbor Committee, financials from the Massachusetts Maritime Academy, grant documents, contract and amendments with the Academy and comments from Mr. DeCicco’s group.

MOTION by Selectman Grady and SECONDED by Selectman Barlow tocontinue this matter for 2 weeks for the purpose of gathering further information from the sources that were just indicated (comments from the Shore & Harbor Committee, grant restrictions, financials from the Massachusetts Maritime Academy, contract and amendments with the Massachusetts Maritime Academy and comments from Mr. DeCiccio’s group) and it be put on the agenda at that time for consideration by the Board of Selectmen.

Discussion was held.

Chairman Tirrell went over the history of the Pilgrim Pines Development and stated that the Board of Selectman decided to appeal the decision of the Board of Appeals. Now, the Board of Appeals has asked the Board of Selectmen to reconsider its action.

Lee Berger, a member of the Board of Appeals, expressed his apology for comments made in the press by the Board of Appeals.

John Priestley, Chairman Board of Appeals, went over the tools and guidelines the Board of Appeals had to work with for this Comprehensive Permit.

Lee Berger commented on the process the Board of Appeals used to come to this decision.

MOTION by Selectman LaFarge and SECONDED by Selectman Barlow to reconsider the decision to appeal the Board of Appeals Decision.

Favorable: Selectmen Tirrell, Grady, LaFarge and Barlow

Opposed: Selectman Zuern

Discussion was held.

Selectmen Grady and LaFarge gave their reasons for reconsidering due to the recent decision of the Massachusetts Supreme Judicial Court where 40B supercedes all local zoning.

Selectman Zuern stated her reasons for not reconsidering vote.

Town Counsel Robert S. Troy gave his opinion on this matter and in light of a recent decision of the Massachusetts Supreme Judicial Court, felt that the Board of Selectmen might want to reconsider their decision on this Comprehensive Permit. He also stated that if they wanted to appeal it must be filed by tomorrow.

James Abdu member of the Board of Appeals commented positive on the project.

MOTION by Selectman Grady and SECONDED by Selectman LaFarge this Board (of Selectmen) take no legal action concerning the Comprehensive Permit granted by the Zoning Board of Appeals concerning Pilgrim Pines.

Chairman Tirrell thanked the Board of Selectmen for electing him Chairman and welcomed the two new Board members.

Selectman Barlow thanked voters for their support.

Selectman Zuern commented on the change in organization of the board.

Selectman LaFarge thanked the people who voted for him.

William R. Griffin, Town Administrator will schedule the articles for the Annual Town Meeting for next week for the Board take a position. The following week will be the articles for the Special Town meeting.

There is a vacancy for a representative of the Board of Selectmen on the ISWM Working Group Committee.

Selectman Grady volunteered to be a member of the ISWM Working Group.

James Mulvey of Buzzards Bay commented on the draft letter from the Pollution Task Force, and the 40B project.

Charles Miller of Monument Beach commented on Taylor’s Point Marina.

MOTION by Selectman Barlow and SECONDED by Selectman Zuern to adjourn.

Meeting adjourned at 9:30 p.m.