Milton, Massachusetts - March 6, 2008

John M. Shields moved, Kathryn A. Fagan seconded and the Board voted unanimously to accept a donation in the amount of $100 from the Milton PM Club to help defray training costs for the community team that participates in the Massachusetts Forum for Creating Healthier Communities.

5. Town Planning Director William Clark and Fair Housing Committee member Tom Callahan met with the Board to discuss the U.S. Housing and Urban Development HOME Program, a program that was created by the U.S. Department of Housing and Urban Development to provide funding to communities for the creation of affordable housing opportunities for households with income up to 80% of median income. The City of Quincy and Weymouth have formed the Quincy/Weymouth Consortium, receiving federal funding every year from this program.

The Town has been invited to join the Quincy/Weymouth Consortium which would make Milton eligible for $50,000 in funding ($5,000 would be designated for administration expenses by Quincy) that could assist first time home buyers with down payments and closing costs and low-moderate income homeowners in need of housing rehabilitation.

6. Town Counsel David DeLuca met with the Board to discuss a Common Victualler’s license application submitted by Wharf Street Restaurant Group LLC. Mrs. McEttrick reviewed the application and correspondence from the Board of Health that was a response to a request for comments. The following general conditions were agreed upon as necessary for this license to be issued:

· The applicant shall submit a plan drawn to scale by a registered architect or engineer (floor plan A1-1; site plan A1-2; prepared by R.G.O. Partnership, One Brighton Avenue, Boston, MA 02134, on file in the Selectmen’s Office) which shall show: the net floor area, the area of the room or rooms measured between the interior walls exclusive of stairways, service bars, hallways, lobbies, kitchens, waiting areas, etc., and dimensions of existing room or rooms, function rooms and rooms in which alcoholic beverages are to be served; the location of any proposed service bars, counters or waiting areas; the area to which seats of benches are to be securely fastened to the floor, commonly called booths; the areas where there are to be moveable or unsecured seats and tables; entrances and exits; all rooms not being requested to be licensed for alcohol service such as kitchens, coatrooms, lobbies and bathrooms; areas designated for storage of food, alcohol, refuse and used cooking oil; location and type of ventilation.

1. CAPACITY – Restaurant Seating capacity indoors may not exceed 97 seats, including service bar seating. Restaurant seating outdoors shall be limited to 40 or fewer seats during the period of May 15 through September 15. Seating at the service bar may not exceed 12 people.

2. HOURS OF OPERATION – Hours will be 5:00 p.m. to 10:00 p.m., Sunday through Thursday and 5:00 p.m. to 11 p.m., Friday through Saturday, with last service of food available at 10:00 p.m. Outdoor seating will be permitted on the patio only during the time period of May 15 through September 15. If the patio seating is allowed, the last service of food should be at 8:30 p.m. with all patrons required to be off the patio at 10:00 p.m.

4. REFUSE LOCATION AND REMOVAL – Refuse including used cooking oil shall be located so that it causes no offensive odors and presents no fire hazard. The timing of refuse removal shall be managed so as to minimize disruption to condominium residents and maintain a clean and odor free storage area

5. SECURITY SYSTEM/ALARM – The restaurant will install a security system and will have the system professionally monitored, in such a way that alarms are promptly investigated and can be turned off without undue disruption to the condominium residents or the public.

7. DELIVERIES – No deliveries will be made prior to 10:00 a.m. or after 4:00 p.m. Deliveries shall be made using the Wharf Street side of the building. If mutually agreeable to the restaurant and tenant, spaces may be “traded” to minimize inconvenience to all parties. Parking for deliveries to the restaurant shall at all times be done in such a way as to minimize disruption to other users of the parking area in front of the condominium. For example, delivery trucks shall use the parking space designated for commercial use if it is available. Wharf Street Grill will encourage companies making deliveries to use smaller truck sizes if available.

8. ALL OTHER - With respect to the provisions for parking, smoking, ventilation, access to common areas, compliance with condominium rules, Lottery and Keno sales, signage and utilities, the relevant provisions of the lease agreement between the parties and the relevant provisions of the Milton Planning Board decision dated February 28, 2008 are hereby incorporated by reference and made a part of the Common Victualler’s license.

John M. Shields moved, Kathryn A. Fagan seconded and the Board voted unanimously to approve the aforementioned conditions and the issuance of a Common Victualler’s license to Wharf Street Restaurant Group LLC contingent upon the applicant’s compliance with the aforementioned and agreed upon conditions.

7. Pursuant to Chapter 138 of the Massachusetts General Laws, the Board re-convened a public hearing upon the request of Wharf Street Restaurant Group LLC, d/b/a Wharf Street Grill, for a liquor license to expose, keep for sale, and to sell alcoholic beverages to be consumed on the premises by members and guests.

1. RESTAURANT NOT A BAR - Restaurant revenue from the sale of alcohol may not exceed 25% of total annual restaurant revenue. At the time of annual renewal of the liquor license the owner must provide a financial statement by a certified public accountant showing that restaurant alcohol sales in the preceding year do not exceed 25% of total restaurant revenue.

2. HOURS OF OPERATION – Hours of operation must be consistent with hours of the Common Victualler’s license. The sale of alcoholic beverages is limited to the times the dining room is open and food is available. No alcoholic beverages shall be sold and/or served at counters, lobbies or similar locations notwithstanding the fact that food may be available at such locations. No alcoholic beverages shall be sold or served from the premises to be consumed outside the premises, i.e. curb service, window service, and take-out service.

3. SEATING – The number of seats at service bar where alcohol is to be served may not exceed 12 seats; Food service must be available at service bar; alcohol service is prohibited without service of food, except that no more than two alcoholic beverages may be served to a patron at a service bar without service of food.

4. EMPLOYEE TRAINING – Licensee must participate in a program designed to train employees in methods of observation and detection to avoid serving or selling alcohol to intoxicated persons or minors. All employees, whether full or part-time or occasional who engage in the sale, pouring or service of alcohol shall, within thirty (30) days of their employment, be required to participate in and receive certification by the following training programs: Training for Intervention Procedures by Servers of Alcohol (T.I.P.S.); Alcohol Intervention Methods (A.I.M.); other training programs offered by a certified trainer and other training programs previously approved by the Board of Selectmen. Employees shall be re-certified by an approved training program or in-house trainer at intervals of no more than three years. Licensee must maintain a file containing the copies of current certification records for all employees engaged in the sale, pouring or service of alcohol. The file shall be available for examination upon request of the Milton Board of Selectmen or the Milton Police Department.

5. SALE OF ALCOHOLIC BEVERAGES – The sale of alcoholic beverages at reduced or discounted prices during specified times, including, without limitation, “happy hours” and “two for the price of one” specials is expressly prohibited. The sale or service of alcoholic beverages in pitchers is prohibited.

John M. Shields moved, Kathryn A. Fagan seconded and the Board voted unanimously to approve the aforementioned conditions and the issuance of a liquor license to Wharf Street Restaurant Group LLC contingent upon the applicant’s compliance with the aforementioned and agreed upon conditions and to forward the pertinent paperwork to the ABCC for its approval.

8. Kathryn A. Fagan moved, John M. Shields seconded and the Board voted unanimously to amend Article V, Section 8, of the Traffic Rules and Regulations of the Town of Milton, Two-Hour Parking, so as to include the following: Eliot Street – to designate the first twelve marked parking spaces in front of 95 Eliot Street from the intersection of Central Avenue as “Two Hour Parking”.

9. The Board discussed Article SS, the proposed snow removal article, submitted by the Board for inclusion in the Annual Town Meeting warrant. Discussed were concerns about enforcement, shoveled areas being plowed over by the Town and the imposing of a municipal lien in response to sidewalks not being cleared.

11. John M. Shields moved, Kathryn A. Fagan seconded and the Board voted unanimously to approve forwarding to the Warrant Committee a Reserve Fund Transfer request in the amount of $12,438 to Selectmen’s Professional Services to cover fees for December 2007.

12. John M. Shields moved, Kathryn A. Fagan seconded and the Board voted unanimously to approve forwarding to the Warrant Committee a Reserve Fund Transfer request in the amount of 6,196 to Veterans’ Benefits to cover the expense of state approved veteran benefits through February 2008.

14. Kathryn A. Fagan moved, John M. Shields seconded and the Board voted unanimously to approve the request of the Mystic Valley Amateur Radio Group to use the Baron Hugo Gazebo on Saturday, June 28 and Sunday, June 29, for their annual Amateur Radio Field Day.

15. Kathryn A. Fagan moved, John M. Shields seconded and the Board voted unanimously to approve the request of the Park Department to use the Baron Hugo Gazebo on the following dates for its annual Summer Band Concert series on Tuesday evenings from 6:00 p.m. to 8:00 p.m.: June 3, 17, 24, July 1, 8, 15, 22, 29, August 5, 12, 19, and 26 (rain date), and Thursday, June 12 for a “kids” concert.

16. John M. Shields moved, Kathryn A. Fagan seconded and the Board voted unanimously to approve the request of St. Elizabeth’s parish for a one day liquor license for a St. Patrick’s Day Party to be held on Friday, March 14, from 7:00 to 11:00 p.m. at St. Elizabeth’s Church Hall.

17. John M. Shields moved, Kathryn A. Fagan seconded and the Board voted unanimously to approve the request of St. Mary of the Hills parish for a one day liquor license for a social to be held on Saturday, March 15, from 8:00 p.m. to 12:00 a.m. at St. Mary of the Hills School Hall.

18. Kathryn A. Fagan moved, John M. Shields seconded and the Board voted unanimously to approve the request of the Department of Public Works to award the contract for the administration of its annual Household Hazardous Waste Day, which will be held on Saturday, April 26, from 9:00 a.m. to 12 noon, to Enviro-Safe at a cost savings of approximately $900 to the Town.