MassVoter.com← Marshfield Select BoardMarshfield Select Board · 2022–2023 Board · Regular meeting
February 13, 2023
18 recorded votes, 2 with disagreement.
Sources: Official minutes (PDF)
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Present: Stephen R. Darcy, James J. Kilcoyne, Lynne E. Fidler
Absent: None
Every vote, in order
Open the meeting at 6:30 p.m.
To open the meeting at 6:30 p.m.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to open the meeting at 6:30 p.m. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Close the public comment portion of this hearing
To close the public comment portion of this hearing.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to close the public comment portion of this hearing. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Grant an after the fact, Earth Removal Permit, pursuant to Chapter 70, §70-4 of the General Bylaws of the Town of Marshfield, to Starboard Academy, for the proposed Earth Removal shown on the Site...
That the Select Board grant an after the fact, Earth Removal Permit, pursuant to Chapter 70, §70-4 of the General Bylaws of the Town of Marshfield, to Starboard Academy, for the proposed Earth Removal shown on the Site Plan dated August 11, 2022 and Site Restoration Plan (N/A) based on the finding that the proposed operation, as conditioned, (1) will not be injurious or dangerous to the public health; (2) will not produce noise, dust or other effects observable from adjacent property in amounts seriously objectionable or detrimental to the normal use of the property; and (3) will not have a material adverse effect on the water supply, health or safety of persons living in the neighborhood or on the use of or amenities of adjacent land. Conditions are as follows: 1. Permit is limited to the work shown in the approved Plans and any deviation shall require further Select Board approval. Finished grades shall be substantially as indicated on the approved site plan. 2. The Applicant shall inform the Select Board, Building Commissioner, Planning Board Police (Traffic Safety) and DPW of the name and contact information for the (1) Project Manager; (2) Contact Person at Firm Performing the Site Work and Trucking and Hauling. 3. The Applicant shall provide the Building Commissioner with interim weekly documentary evidence of the quantities of material excavated, the date of removal of such material, the location of the disposed materials, and the owner of the vehicle used to transport
Yes: Darcy, FidlerNo: Kilcoyne
From the minutes
“Stephen Darcy moved that the Select Board grant an after the fact, Earth Removal Permit, pursuant to Chapter 70, §70-4 of the General Bylaws of the Town of Marshfield, to Starboard Academy, for the proposed Earth Removal shown on the Site Plan dated August 11, 2022 and Site Restoration Plan (N/A) based on the finding that the proposed operation, as conditioned, (1) will not be injurious or dangerous to the public health; (2) will not produce noise, dust or other effects observable from adjacent property in amounts seriously objectionable or detrimental to the normal use of the property; and (3) will not have a material adverse effect on the water supply, health or safety of persons living in the neighborhood or on the use of or amenities of adjacent land. Conditions are as follows: 1. Permit is limited to the work shown in the approved Plans and any deviation shall require further Select Board approval. Finished grades shall be substantially as indicated on the approved site plan. 2. The Applicant shall inform the Select Board, Building Commissioner, Planning Board Police (Traffic Safety) and DPW of the name and contact information for the (1) Project Manager; (2) Contact Person at Firm Performing the Site Work and Trucking and Hauling. 3. The Applicant shall provide the Building Commissioner with interim weekly documentary evidence of the quantities of material excavated, the date of removal of such material, the location of the disposed materials, and the owner of the vehicle used to transport the material. 4. All auto and truck access ways to all active and inactive mining operations for sand and gravel must have controlled access by lockable gates. 5. All trees are to be cut, not bulldozed. Stumps may not be buried on the site except in accordance with a site assignment issued under G.L. c. 111, § 150A. 6. Excavation at or near the property line is permitted, as per the Approved Plans. 7. Earth must be removed to contours substantially as set forth in the Approved Site Plan. 8. The regrading, restoration and seeding of each grid or disturbed area shall be completed substantially in accordance with the Approved Restoration Plans and Landscape Plan, and any requirements set forth in the final Conservation and Management Permit issued by the Mass. Division of Fisheries and Wildlife (Natural Heritage and Endangered Species Program). 9. All access roads leading to public ways shall be treated to minimize dust and mud for a distance of not less than fifty (50) feet back from the public way. Any spillage on public ways shall be cleaned by the Applicant on a daily basis and any damage caused by any truck traffic shall be repaired at the cost and expense of the Applicant. 10. A final report, prepared and certified by a registered civil engineer, licensed to practice in the Commonwealth of Massachusetts, shall be forwarded to the Board, Building Commissioner, Planning Board and DPW at the completion of the earth removal project. The report shall state the amount of earth removed from the site and shall certify that such removal was in substantial compliance with the approved plans. 11. All truck traffic associated with the earth removal operation shall be routed to and from the site via Commerce Way to Enterprise Drive to Plain Street. 12. There shall be no trucking or hauling activities on Sundays or Holidays which shall include Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, New Years' Day, President's Day, Patriot's Day, Memorial Day, Juneteenth, Independence Day, and Labor Day. 13. There shall be no on-site rental of materials, and the site may not be used to stockpile materials for rental. 14. Measures shall be provided to control nuisance dust emissions during earth removal operations to minimize the impacts on any abutting property or streets and ways. Water spraying or other methods of controlling dust shall meet all air pollutant standards as set forth by Federal and State regulatory agencies. 15. There shall be no site work related to earth removal or trucking and hauling operations on weekdays before 7:30AM or after dusk or 6PM, whichever is earlier, or on Saturdays or Sundays. 16. The Applicant shall post a surety bond in the amount of $100,000 with the Town's Treasurer Collector in a form acceptable to Town Counsel prior to the commencement of any work. Lynne Fidler said that condition number 2 should include the ZBA and recommended that the conditions also include a limit per day. Michael Maresco said that the Board can put a limit on the number of trucks per day. Stephen Darcy asked Michael McDougall how much would be removed per day. Michael McDougall said no more than 500 cubic yards. James Kilcoyne mentioned the notes from Attorney Galvin regarding the Site Restoration Plan and asked if additional conditions could be added to reflect the emails received from the Town Planner and Town Counsel today. The Chair said that he would not add these conditions. Stephen Darcy asked Mr. McDougall how many trucks per day. Mr. McDougall said there would be a maximum of 22 trucks per day. Stephen Darcy asked for a second on the original motion before he makes the additions recommended by Ms. Fidler. Lynne Fidler seconded the motion. The vote was 2:1. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – nay; Ms. Fidler – aye..” (Motion: Darcy, second: Fidler)
Add the ZBA to the second condition and to add a condition #17 to limit the cubic yards per day to 500
To add the ZBA to the second condition and to add a condition #17 to limit the cubic yards per day to 500.
Yes: Darcy, FidlerNo: Kilcoyne
From the minutes
“Stephen Darcy moved, seconded by Lynne Fidler, to add the ZBA to the second condition and to add a condition #17 to limit the cubic yards per day to 500. The vote was 2:1. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – nay; Ms. Fidler – aye..” (Motion: Darcy, second: Fidler)
Approve the request of Verizon New England and NSTAR Electric dba Eversource Energy to place one jointly owned pole on Carolyn Circle, necessary due to request to attach facilities
To approve the request of Verizon New England and NSTAR Electric dba Eversource Energy to place one jointly owned pole on Carolyn Circle, necessary due to request to attach facilities. Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to approve the request of Verizon New England and NSTAR Electric dba Eversource Energy to place one jointly owned pole on Carolyn Circle, necessary due to request to attach facilities. Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Approve the request of Verizon New England and NSTAR Electric Company dba Eversource Energy for the installation of one pole on the southerly side of Ocean Street
To approve the request of Verizon New England and NSTAR Electric Company dba Eversource Energy for the installation of one pole on the southerly side of Ocean Street. New location being approximately 880 feet east of the centerline of Old Colony Lane, 40 feet easterly of existing pole 7/79, and 95 feet easterly of existing pole 7/80. And to install one pole, on the southerly side of Ocean Street. New location being approximately 745 feet west of the centerline of Musket Road and 60 feet westerly of existing pole 7/80 and 75 feet easterly of existing pole T7/79. This installation is being requested by Eversource to upgrade services to provide for the distribution of intelligence and telecommunications and the transmission of high and low voltage, electric current.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to approve the request of Verizon New England and NSTAR Electric Company dba Eversource Energy for the installation of one pole on the southerly side of Ocean Street. New location being approximately 880 feet east of the centerline of Old Colony Lane, 40 feet easterly of existing pole 7/79, and 95 feet easterly of existing pole 7/80. And to install one pole, on the southerly side of Ocean Street. New location being approximately 745 feet west of the centerline of Musket Road and 60 feet westerly of existing pole 7/80 and 75 feet easterly of existing pole T7/79. This installation is being requested by Eversource to upgrade services to provide for the distribution of intelligence and telecommunications and the transmission of high and low voltage, electric current. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Support the request of the Superintendent of Schools for the Town of Marshfield to join the South Shore Regional Vocational School District by placing the question on the STM Warrant to be taken...
To support the request of the Superintendent of Schools for the Town of Marshfield to join the South Shore Regional Vocational School District by placing the question on the STM Warrant to be taken up at the Annual Town Meeting on April 24, 2023.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to support the request of the Superintendent of Schools for the Town of Marshfield to join the South Shore Regional Vocational School District by placing the question on the STM Warrant to be taken up at the Annual Town Meeting on April 24, 2023. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Approve the request of the Marshfield Public School Department to place signs to advertise kindergarten registration at Town buildings and schools from February 1, 2023 through March 17, 2023
To approve the request of the Marshfield Public School Department to place signs to advertise kindergarten registration at Town buildings and schools from February 1, 2023 through March 17, 2023. Signs must be 10 feet away from the street.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to approve the request of the Marshfield Public School Department to place signs to advertise kindergarten registration at Town buildings and schools from February 1, 2023 through March 17, 2023. Signs must be 10 feet away from the street. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Accept the ethics disclosure submitted by Karen Horne
To accept the ethics disclosure submitted by Karen Horne.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to accept the ethics disclosure submitted by Karen Horne. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Appoint Pamela Harght to an at large seat on the Open Space Committee for the remainder of a three year term that expires on June 30, 2024
To appoint Pamela Harght to an at large seat on the Open Space Committee for the remainder of a three year term that expires on June 30, 2024.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to appoint Pamela Harght to an at large seat on the Open Space Committee for the remainder of a three year term that expires on June 30, 2024. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Approve the request of ALS One to hold their 8th Annual Polar Plunge on Saturday, April 1, 2023 at Rexhame Beach from 12:00 p.m. until 2:00 p.m. Surf chairs will be available for handicapped...
To approve the request of ALS One to hold their 8th Annual Polar Plunge on Saturday, April 1, 2023 at Rexhame Beach from 12:00 p.m. until 2:00 p.m. Surf chairs will be available for handicapped attendees if needed.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to approve the request of ALS One to hold their 8th Annual Polar Plunge on Saturday, April 1, 2023 at Rexhame Beach from 12:00 p.m. until 2:00 p.m. Surf chairs will be available for handicapped attendees if needed. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Approve an application for a one day all alcohol license for the North River Art Society's Festival Poster Competition on March 10, 2023 from 7:00 p.m. until 9:00 p.m. at 157 Old Main Street
To approve an application for a one day all alcohol license for the North River Art Society's Festival Poster Competition on March 10, 2023 from 7:00 p.m. until 9:00 p.m. at 157 Old Main Street.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to approve an application for a one day all alcohol license for the North River Art Society's Festival Poster Competition on March 10, 2023 from 7:00 p.m. until 9:00 p.m. at 157 Old Main Street. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Approve the request from the Marshfield Police Department for permission to accept a gift of $526.47 from Cheryl Mezzetti and Steve Tobias to be used specifically for the DARE Education Program
To approve the request from the Marshfield Police Department for permission to accept a gift of $526.47 from Cheryl Mezzetti and Steve Tobias to be used specifically for the DARE Education Program.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to approve the request from the Marshfield Police Department for permission to accept a gift of $526.47 from Cheryl Mezzetti and Steve Tobias to be used specifically for the DARE Education Program. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Approve the request from the Veterans Services Department for permission to accept a donation of $1,000 from the Marshfield DAV. The donation will be used to assist our veterans and their families...
To approve the request from the Veterans Services Department for permission to accept a donation of $1,000 from the Marshfield DAV. The donation will be used to assist our veterans and their families in time of need.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to approve the request from the Veterans Services Department for permission to accept a donation of $1,000 from the Marshfield DAV. The donation will be used to assist our veterans and their families in time of need. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Accept the minutes of January 23, 2023 as written
To accept the minutes of January 23, 2023 as written.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to accept the minutes of January 23, 2023 as written. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Request that the Town Administrator draft a response to the Brant Rock Village Association based on the discussion this evening by the Board on the answers to questions raised at their December 5,...
To request that the Town Administrator draft a response to the Brant Rock Village Association based on the discussion this evening by the Board on the answers to questions raised at their December 5, 2022 meeting.
From the minutes
“Stephen Darcy moved, seconded by James Kilcoyne, to request that the Town Administrator draft a response to the Brant Rock Village Association based on the discussion this evening by the Board on the answers to questions raised at their December 5, 2022 meeting. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
Go into Executive Session to discuss pending litigation that if discussed in open session may have a negative impact on the litigating position of the Town, not to return to open session
To go into Executive Session to discuss pending litigation that if discussed in open session may have a negative impact on the litigating position of the Town, not to return to open session.
From the minutes
“Mr. Darcy moved, seconded by Mr. Kilcoyne, to go into Executive Session to discuss pending litigation that if discussed in open session may have a negative impact on the litigating position of the Town, not to return to open session. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye, Mr. Kilcoyne – aye, Ms. Fidler - aye..” (Motion: Darcy, second: Kilcoyne)
Close the executive session at 9:00 p.m. and adjourn the meeting
To close the executive session at 9:00 p.m. and adjourn the meeting.
From the minutes
“Mr. Darcy moved, seconded by Mr. Kilcoyne, to close the executive session at 9:00 p.m. and adjourn the meeting. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Darcy, second: Kilcoyne)
From the Marshfield Select Board’s official minutes, posted on the town website. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos of current members: stills from WATD News candidate videos (Chris Rohland and Rick Smith, 2026) and Marshfield Community Media’s “Meet the Candidates” (Eric Kelley). Former members show initials.
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