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Yarmouth Select Board · 2018–2019 Board · Regular meeting

October 16, 2018

12 recorded votes, 1 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Norm Holcomb, Tracy Post, Michael Stone, Mark Forest

Absent: Erik Tolley

Every vote, in order

Adopt an Order of Taking of real property pursuant to General Law c. 79, in the Town of Yarmouth, as authorized by Articles 32 and 33 at the 2016 Annual Town Meeting, for the purpose of...

Minutes, page 1

Adopt orderPassed · Unanimous, 4 present

To move that the Board of Selectmen adopt an Order of Taking of real property pursuant to General Law c. 79, in the Town of Yarmouth, as authorized by Articles 32 and 33 at the 2016 Annual Town Meeting, for the purpose of construction, maintenance, and roadway easements and fee interests associated with a roadway, utility and bridge improvement project on Main Street (Rte. 28) in the vicinity of Parker's River Bridge, Yarmouth, Massachusetts. To be taken are: The following portions of the property Located at 681 Route 28, Yarmouth, MA, supposed to be held by Gold Village-Waterside, LLC: An easement adjoining the southerly location line of the January 10, 1933 (Layout No. 2977) State highway alteration of Main Street (Route 28), and containing about 376 square feet and depicted as parcel 12-GR-3 on the sketch plan attached hereto as Exhibit A. An easement in a parcel of land adjoining the southerly location line of the January 10, 1933 (Layout No. 2977) State highway alteration of Main Street (Route 28), and containing about 505 square feet and depicted as parcel 12-D-2 on the sketch plan attached hereto as Exhibit A. A parcel of land containing about 358 square feet and depicted as parcel 12-4 on the sketch plan attached hereto as Exhibit A. A temporary easement in a parcel of land containing about 6,110 square feet and depicted as temporary easement 12-TE-5 on the sketch plan attached hereto as Exhibit B. Said temporary easement shall expire with the completion of the work c

From the minutes

“MOTION: To move that the Board of Selectmen adopt an Order of Taking of real property pursuant to General Law c. 79, in the Town of Yarmouth, as authorized by Articles 32 and 33 at the 2016 Annual Town Meeting, for the purpose of construction, maintenance, and roadway easements and fee interests associated with a roadway, utility and bridge improvement project on Main Street (Rte. 28) in the vicinity of Parker's River Bridge, Yarmouth, Massachusetts. To be taken are: The following portions of the property Located at 681 Route 28, Yarmouth, MA, supposed to be held by Gold Village-Waterside, LLC: An easement adjoining the southerly location line of the January 10, 1933 (Layout No. 2977) State highway alteration of Main Street (Route 28), and containing about 376 square feet and depicted as parcel 12-GR-3 on the sketch plan attached hereto as Exhibit A. An easement in a parcel of land adjoining the southerly location line of the January 10, 1933 (Layout No. 2977) State highway alteration of Main Street (Route 28), and containing about 505 square feet and depicted as parcel 12-D-2 on the sketch plan attached hereto as Exhibit A. A parcel of land containing about 358 square feet and depicted as parcel 12-4 on the sketch plan attached hereto as Exhibit A. A temporary easement in a parcel of land containing about 6,110 square feet and depicted as temporary easement 12-TE-5 on the sketch plan attached hereto as Exhibit B. Said temporary easement shall expire with the completion of the work contemplated in the Order of Taking. And the following Portions of the Property located at 703 Route 28, Yarmouth, MA, supposed to be held by Steven M. Katz: An easement in a parcel of land, adjoining the southerly location line of the January 10, 1933 (Layout No. 2977) State highway alteration of Main Street (Route 28), and containing about 349 square feet and depicted as parcel 12-GR-4 on the sketch plan attached hereto as Exhibit C. A fee interest in a parcel of land containing about 372 square feet and depicted as Parcel 12-6 on the sketch plan attached hereto as Exhibit C. A temporary easement in a parcel of land containing about 4,287 square feet and depicted as temporary easement 12-TE-7 on the sketch plan attached hereto as Exhibit D. Said temporary easement shall expire with the completion of the work contemplated in the Order of Taking. A temporary easement in a parcel of land containing about 413 square feet and depicted as temporary easement 12-TE-8 on the sketch plan attached hereto as Exhibit D. Said temporary easement shall expire with the completion of the work contemplated in the Order of Taking. And to award damages as follows: $900.00 for said Permanent Easement 12-GR-3; $1,200.00 for said Permanent Easement 12-D-2; $1,700.00 for said Parcel 12-4; $8,000.00 for said Temporary Easement 12-TE-5; $1,150.00 for said Permanent Easement 12-GR-4; $2,500.00 for said Parcel 12-6; $6,600.00 for said Temporary Easement 12-TE-7; and $650.00 for said Temporary Easement 12- TE-8. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

Read it in the official minutes, page 1 (PDF)

Vote to authorize a payment in the amount of $3,650.00 to Maritime Heritage Research Laboratories, LLC, for the acquisition by MassDOT of interests in portions of real property located at 674 Main...

Minutes, page 2

Adopt orderPassed · Unanimous, 4 present

To move that the Board of Selectmen vote to authorize a payment in the amount of $3,650.00 to Maritime Heritage Research Laboratories, LLC, for the acquisition by MassDOT of interests in portions of real property located at 674 Main Street, West Yarmouth, MA, shown as 12-PUE-1; 12-GR-1; and 12-1, as on the sketch plan to be recorded with an order of taking in connection with a roadway, utility and bridge improvement project on Main Street (Rte. 28) in the vicinity of Parker's River Bridge, Yarmouth, Massachusetts, and referenced in the Land Damages Agreement between MassDOT and Maritime Heritage Research Laboratories, LLC. The payment will be made from the United States Department of the Interior Hurricane Sandy Coastal Resilience funds, authorized under the Disaster Relief Appropriations Act of 2013 obtained by the Town for this project and not until such time that MassDOT has recorded an order taking said property in the Barnstable County Registry of Deeds, in connection with the Land Damages Agreement between it and Maritime Heritage Research Laboratories.

From the minutes

“MOTION: To move that the Board of Selectmen vote to authorize a payment in the amount of $3,650.00 to Maritime Heritage Research Laboratories, LLC, for the acquisition by MassDOT of interests in portions of real property located at 674 Main Street, West Yarmouth, MA, shown as 12-PUE-1; 12-GR-1; and 12-1, as on the sketch plan to be recorded with an order of taking in connection with a roadway, utility and bridge improvement project on Main Street (Rte. 28) in the vicinity of Parker's River Bridge, Yarmouth, Massachusetts, and referenced in the Land Damages Agreement between MassDOT and Maritime Heritage Research Laboratories, LLC. The payment will be made from the United States Department of the Interior Hurricane Sandy Coastal Resilience funds, authorized under the Disaster Relief Appropriations Act of 2013 obtained by the Town for this project and not until such time that MassDOT has recorded an order taking said property in the Barnstable County Registry of Deeds, in connection with the Land Damages Agreement between it and Maritime Heritage Research Laboratories. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

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

Vote to accept those temporary interests in land located at 674 Route 28, Yarmouth, MA as described in a Grant of Temporary Easement from Maritime Heritage Research Laboratories, LLC by and...

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To move that the Board of Selectmen vote to accept those temporary interests in land located at 674 Route 28, Yarmouth, MA as described in a Grant of Temporary Easement from Maritime Heritage Research Laboratories, LLC by and through its manager Barry Clifford, for the purposes of construction and maintenance associated with a roadway, utility and bridge improvement project on Main Street (Rte. 28) in the vicinity of Parker's River Bridge, Yarmouth, Massachusetts, pursuant to the authority granted to the Board by Articles 32 and 33 of the 2016 Annual Town Meeting. And for consideration of said grant, to make a payment of $1,700.00 to said Maritime Heritage Research Laboratories, LLC. The payment will be made from the United States Department of the Interior Hurricane Sandy Coastal Resilience funds, authorized under the Disaster Relief Appropriations Act of 2013, obtained by the Town for this project and not until such time that the Temporary Easement has been signed by Maritime Heritage Research Laboratories and Mortgagee.

From the minutes

“MOTION: To move that the Board of Selectmen vote to accept those temporary interests in land located at 674 Route 28, Yarmouth, MA as described in a Grant of Temporary Easement from Maritime Heritage Research Laboratories, LLC by and through its manager Barry Clifford, for the purposes of construction and maintenance associated with a roadway, utility and bridge improvement project on Main Street (Rte. 28) in the vicinity of Parker's River Bridge, Yarmouth, Massachusetts, pursuant to the authority granted to the Board by Articles 32 and 33 of the 2016 Annual Town Meeting. And for consideration of said grant, to make a payment of $1,700.00 to said Maritime Heritage Research Laboratories, LLC. The payment will be made from the United States Department of the Interior Hurricane Sandy Coastal Resilience funds, authorized under the Disaster Relief Appropriations Act of 2013, obtained by the Town for this project and not until such time that the Temporary Easement has been signed by Maritime Heritage Research Laboratories and Mortgagee. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

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

Vote to accept those temporary interests in land located at 668 Route 28, Yarmouth, MA described in a Grant of Temporary Easement from the Parker's River Realty Trust by and through its trustee...

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To move that the Board of Selectmen vote to accept those temporary interests in land located at 668 Route 28, Yarmouth, MA described in a Grant of Temporary Easement from the Parker's River Realty Trust by and through its trustee Gerald Manning, for the purposes of construction, maintenance, and roadway easements and fee interests associated with a roadway, utility and bridge improvement project on Main Street (Rte. 28) in the vicinity of Parker's River Bridge, Yarmouth, Massachusetts, pursuant to the authority granted to the Board by Articles 32 and 33 of the 2016 Annual Town Meeting And for consideration of said grant, to make the payment of $1.00 to Parker's River Realty Trust.

From the minutes

“MOTION: To move that the Board of Selectmen vote to accept those temporary interests in land located at 668 Route 28, Yarmouth, MA described in a Grant of Temporary Easement from the Parker's River Realty Trust by and through its trustee Gerald Manning, for the purposes of construction, maintenance, and roadway easements and fee interests associated with a roadway, utility and bridge improvement project on Main Street (Rte. 28) in the vicinity of Parker's River Bridge, Yarmouth, Massachusetts, pursuant to the authority granted to the Board by Articles 32 and 33 of the 2016 Annual Town Meeting And for consideration of said grant, to make the payment of $1.00 to Parker's River Realty Trust. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

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

Vote to authorize Dan Knapik, Town Administrator, to execute any and all documents and agreements necessary, in connection with the Parker's River Tidal Restoration Bridge Replacement Project; the...

Minutes, page 3

ApprovePassed · Unanimous, 4 present

To move that the Board of Selectmen vote to authorize Dan Knapik, Town Administrator, to execute any and all documents and agreements necessary, in connection with the Parker's River Tidal Restoration Bridge Replacement Project; the eminent domain takings of real property and votes related to said project; and to further authorize Mr. Knapik to administer the payment of damages and compensation as voted by the Board to the owners of real property acquired for the aforementioned project.

From the minutes

“MOTION: To move that the Board of Selectmen vote to authorize Dan Knapik, Town Administrator, to execute any and all documents and agreements necessary, in connection with the Parker's River Tidal Restoration Bridge Replacement Project; the eminent domain takings of real property and votes related to said project; and to further authorize Mr. Knapik to administer the payment of damages and compensation as voted by the Board to the owners of real property acquired for the aforementioned project. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

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

Vote to adopt the Fuel Efficient Vehicle Policy as presented

Minutes, page 5

ApprovePassed · Unanimous, 4 present

To move that the Board of Selectmen vote to adopt the Fuel Efficient Vehicle Policy as presented.

From the minutes

“MOTION: To move that the Board of Selectmen vote to adopt the Fuel Efficient Vehicle Policy as presented. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

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

Vote to adopt the Green Communities application and Town Energy Reduction Plan

Minutes, page 5

ApprovePassed · Unanimous, 4 present

To move that the Board of Selectmen vote to adopt the Green Communities application and Town Energy Reduction Plan.

From the minutes

“MOTION: To move that the Board of Selectmen vote to adopt the Green Communities application and Town Energy Reduction Plan. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

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

Vote to hold the Town debt exclusion vote on the same day as the DY District vote on building the new school

Minutes, page 5

ApprovePassed · Unanimous, 4 present

To move that the Board of Selectmen vote to hold the Town debt exclusion vote on the same day as the DY District vote on building the new school.

From the minutes

“MOTION: To move that the Board of Selectmen vote to hold the Town debt exclusion vote on the same day as the DY District vote on building the new school. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

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

Call the question for a vote

Minutes, page 5

ApproveFailed · 2–2

To move to call the question for a vote.

The minutes give only the count (2 in favor, 2 opposed), not how each member voted.

From the minutes

“MOTION: To move to call the question for a vote. Motion by: Tracy Post Seconded by: Mark Forest Yea 2 Nay 2.” (Motion: Post, second: Forest)

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

Approve the recycling sticker fee for residents only

Minutes, page 5

ApprovePassed · Unanimous, 4 present

To move that the Board of Selectmen approve the recycling sticker fee for residents only.

From the minutes

“MOTION: To move that the Board of Selectmen approve the recycling sticker fee for residents only. Motion by: Tracy Post Seconded by: Mark Forest Yea 4 Nay 0.” (Motion: Post, second: Forest)

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

Appoint Jeff Colby, Erik Tolley, Brian Gardiner, Judy Tarver, Curt Sears, Joseph Rodricks, Mark Galkowski, Sharon Wimer, and Thomas Griffiths to the DPW Building Committee

Minutes, page 6

AppointPassed · Unanimous, 4 present

To move to appoint Jeff Colby, Erik Tolley, Brian Gardiner, Judy Tarver, Curt Sears, Joseph Rodricks, Mark Galkowski, Sharon Wimer, and Thomas Griffiths to the DPW Building Committee.

From the minutes

“MOTION: To move to appoint Jeff Colby, Erik Tolley, Brian Gardiner, Judy Tarver, Curt Sears, Joseph Rodricks, Mark Galkowski, Sharon Wimer, and Thomas Griffiths to the DPW Building Committee. Motion by: Mark Forest Seconded by: Mike Stone Yea 4 Nay 0.” (Motion: Forest, second: Stone)

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

Adjourn the meeting

Minutes, page 6

ProceduralPassed · Unanimous, 4 present

To move that the Board of Selectmen adjourn the meeting.

From the minutes

“MOTION: To move that the Board of Selectmen adjourn the meeting. Motion by: Mark Forest Seconded by: Tracy Post Yea 4 Nay 0.” (Motion: Forest, second: Post)

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

From the Yarmouth Select Board’s official minutes, posted in the town’s Agenda Center and its Archive Center (2018 and 2019). We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Yarmouth (Tracy Post, Liz Argo); The Provincetown Independent, courtesy Mark Forest (Mark Forest); Cape Cod Times (Joyce Flynn); AARP (Dorcas McGurrin)

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