James J. Kilcoyne

“Mr. Darcy moved, seconded by Mr. Kilcoyne, to moves to appoint Lynne Fidler to the Marshfield Housing Partnership as a voting member. Ms. Fidler abstained from voting. The vote was 2:0. Roll Call Vote: Mr. Darcy – aye; Mr. Kilcoyne – aye; Ms. Fidler – abstain..” (Motion: Darcy, second: Kilcoyne)

Read it in the official minutes, page 6 (PDF)

“Mr. Kilcoyne moved, seconded by Ms. Fidler, to table the Board discussion to a subsequent meeting. The vote was 2:1. Roll Call Vote: Mr. Darcy – nay; Mr. Kilcoyne – aye; Ms. Fidler – aye..” (Motion: Kilcoyne, second: Fidler)

Read it in the official minutes, page 5 (PDF)

“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)

Read it in the official minutes, page 3 (PDF)

“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)

Read it in the official minutes, page 4 (PDF)

“James Kilcoyne moved, seconded by Lynne Fidler, to approve this article as read. Roll Call Vote: Mr. Kilcoyne – aye; Ms. Fidler – nay. The motion failed with a vote of 1:1..” (Motion: Kilcoyne, second: Fidler)

Read it in the official minutes, page 2 (PDF)

“James Kilcoyne moved, seconded by Lynne Fidler, to approve this motion as read. Roll Call Vote: Mr. Kilcoyne – aye; Ms. Fidler – nay. The motion failed with a vote of 1:1..” (Motion: Kilcoyne, second: Fidler)

Read it in the official minutes, page 2 (PDF)

“James Kilcoyne moved, seconded by Lynne Fidler, to approve this ballot question as read. Roll Call Vote: Mr. Kilcoyne – aye; Ms. Fidler – nay. The motion failed with a vote of 1:1..” (Motion: Kilcoyne, second: Fidler)

Read it in the official minutes, page 2 (PDF)

“Stephen Darcy moved, seconded by James Kilcoyne, to accept the donation from Michael Maresco of wreaths and bows valued at $169.97 to decorate the Town Hall entrance. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye;.” (Motion: Darcy, second: Kilcoyne)

Read it in the official minutes, page 5 (PDF)

“Stephen Darcy moved, seconded by James Kilcoyne, to waive all Building Department fees associated with the second floor renovations at Town Hall. The vote was unanimous. Roll Call Vote: Mr. Darcy – aye;.” (Motion: Darcy, second: Kilcoyne)

Read it in the official minutes, page 5 (PDF)

“Stephen Darcy moved, seconded by James Kilcoyne, to approve the Change of Manager from Michael Pavone to John Mahoney. The vote was 2:0 with one recusal..” (Motion: Darcy, second: Kilcoyne)

Read it in the official minutes, page 3 (PDF)