February 8, 2005
Regular Session 7:35 PM
Ms. Tully, Mr. MacIver, Mr. Edmundson
Conservation Commission Warrant Articles
Mr. Prentiss explained that the parcel of land adjacent to Foundry Pond has not had any taxes paid on it for the past 65 years. The Conservation Commission would like to see this property transferred to its care. The Board asked if a title search had been done on the property. Mr. Prentiss explained that it had not and the Commission would be unlikely to commit monies to a project that may or may not be Conservation Land. Mr. Edmundson said that he felt that Town meeting would be unwilling to give an open checkbook to the Commission. He recommended that the Conservation Commission get an estimate of cost for a title search, and an estimate of the acquisition cost of the property. The second article concerns a three-acre parcel adjacent to George Washington Boulevard that is currently under the control of the Selectmen. This environmentally sensitive property was taken for back taxes.
Voted - to recommend that the article transferring the care and custody of the parcel adjacent to George Washington Blvd. shown as Lot #2 on Assessors’ Map 21 from the Selectmen to the Conservation Commission.
Aquarion Water Company Update
Mr. Bingaman and Mr. Roland explained that Linden Ponds development would require additional water. Every gallon used by Linden ponds would be offset by the same number of gallons coming in from Cohasset and being mixed at the Turkey Hill storage plant. The Cohasset Water Company has been taking aggressive steps to solve the water quality issue. They will most likely have the problem corrected in the near future. The interconnection will not be activated if the standards are not being met. Cohasset is improving the distribution system and taking steps to deal with quality and odor issues. The Board asked Mr. Bingaman if it is Aquarion’s expectation that Cohasset will meet the government standards or meet the Hingham standard. Mr. Bingaman said it was expected that Cohasset would be in compliance with the federal standards. There are no standards for taste and odor. Cohasset plans on having a survey among residents to measure whether there has been improvement in Cohasset water. While Cohasset is doing those measurements Aquarion will conduct a similar survey. The ratio of mix Cohasset water will comprise less than 1% of average daily demand. At full build out of Linden Ponds the mix will be about 8.5% of demand. The concentration will be greater in certain areas.
Street Acceptance Public Hearing
Both Maryknoll Drive and Brandon Woods Circle have items that must be addressed prior to the roads be ready for acceptance as a public way. There are invisible fences and irrigation systems in the public right of way and some of the bounds are not visible. Mr. Cristello said that the developer had been told to take care of as many of those things as he can so that the process may go forward. Mr. Cristello suggested that the hearing be
continued to April 12 to allow the contractor to do the work. Hopefully, the only work remaining at that time would be to upgrade the catch basins. Ms. Lacy advised that except for those issues already mentioned the Planning Board recommends acceptance.
Voted - to continue the street acceptance hearing until April 12, 2005.
Ridgewood Crossing
Ms. Hall explained that the proposed easements for the Ridgewood Crossing would help solve the drainage issues on Woodlock Road and those of Snake Pond. The 12” outfall pipe would drain down toward landfill. Ms. Lacy advised that the two drainage easements are a condition of the project approval. The open space is a requirement of the Flexible Residential Development By-law. Mr. Stigliani said the DPW does on occasion pump Snake Pond to alleviate flooding. The access and egress to the development will be French Street, not High Street.
Voted – to recommend the Ridgwood Crossing Article as presented.
Lease on Hersey Street
Mr. Cristello explained that the landowner of the property behind the current Departmetn of Public Works building on Hersey Street has asked for a more formalized arrangement than what currently exists. The lease would run through 2006 with an option to extend through 2007. Mr. Stiliani advised the Board that the Town has been using that land since the 1930s. For a lengthy period of time there was no money involved. Later the arrangement called for a modest amount of money and on a handshake. This is a good conclusion to a long process.
Voted - to recommend warrant article entitled Lease Hersey Street DPW.
Easement – Cushing and Whiting Streets
There are planned improvements to the Cushing and Whiting Street intersection in connection with the Erickson Retirement Communities’ Linden Ponds project. The Town right of way is not wide enough to accommodate the necessary improvements. Mr. DeMatteo has leased the property on the corner to Boston Golf. Mr. Cristello said he has been in touch with both Mr. DeMatteo and Boston Golf. Most of the area is just sidewalk easement in the front or side setback. Less than 100 square feet that would actually become roadway. Linden Ponds had originally scheduled work for this spring but an extension from Mass Highway and the Town may be necessary to make this a fall project. The improvements will include changes in the signalization, left turn signals and crosswalks.
Voted - to recommend article entitled Easement – Cushing Street.
Easement – Gardner Street
Mr. Cristello explained that easements would be necessary for the sidewalk on Gardner Street. These are the same owners who were involved in the hearings last year. The Town has not yet advised the landowners of this year’s article. The Board will put off voting on the easement until the owners have been contacted and had an opportunity to express their opinions. The funding of the Gardner Street sidewalk would be from capital outlay but the easements could be obtained now even if the project would not be funded this year.
Snow and Ice Budget
Mr. Stigliani explained that the DPW crews have been going continuously since the blizzard and the sidewalks are not all done yet. The maximum progress with this type of snow is about 2 miles per day and there are about 60 miles of sidewalk in town. Some removal of snow mounds was necessary before the sidewalks could be cleared. The appropriation for snow this year was $187,742; the amount spent to date is $643,472. Snow removal in the Square costs about $2,000 per hour. There may be some prospect for receiving funds from the federal government for some of these costs related to the blizzard.
Solicitation By-Law
The Board reviewed the revised solicitation by-law.
Voted – to recommend adoption of the revised Solicitation By-law.
Greenbush Land Conveyances
MBTA needs easements from Town for drainage in order to pump from tunnel into Town Brook if there is a water problem. Mr. Cristello noted that the Town has to make sure that there is not a constant inflow of groundwater into Town Brook. There has to be a trap drain at Fort Hill Street that also requires an easement. The T will not need some of the former Hingham Lumber site parcels; these will be given to Town. There is another easement underneath the track that has been billed on separately to the Town. Mr. Cristello advised that there would be a meeting with the T this month to finalize these articles.
Lease - Credit Union
Hingham Credit Union has been located over by the School Depot property for many years with no formal arrangement. The master plan for Bare Cove Park and the School Depot shows that building being used in the future by the School Department. The Credit Union is seeking assurance that they will not be evicted on short notice and are, therefore, looking for a five year lease. The School Department does not expect any use of that building in the five year anticipated timeframe. Mr. Edmundson noted that it would be the intention of the Board to have a market rate lease that would give the Credit Union
some degree of security. The wording of the article is based on the fact that the law requires a procurement process in leasing out real property.
Voted – to recommend the warrant article entitled Lease to a Credit Union.
Retirement Credit – G. Shaw
This article would allow Mr. Shaw to receive credit for his service as a call firefighter.
Mr. Shaw said he has spoken to Representative Bradley who said he was hopeful that the legislation would pass before town meeting. Mr. Cristello said if the legislation were not enacted prior to town meeting, it would be necessary to have a current town meeting vote.
Voted – to support the article requesting special legislation to authorize the Town to grant Glenn Shaw retirement service credit for his time as a permanent call firefighter.
Retirement Credit – D. Lincoln
Mr. Lincoln said he would like to receive credit for his service as a call firefighter in Hingham. Mr. Lincoln explained that he joined the call department in 1960 and was still a call firefighter in 1995. He was hired as a dispatcher in 1995 and he received a letter from Chief Wehter a letter stating he would be eligible to buy back up to 5 years of credit. Mr. Lincoln said he attended over 3,000 fires for the Town. Mr. Cristello recommended that the Board consider any approval be name-specific.
Voted – to recommend that the Town petition the Great and General Court to enact special legislation to authorize the Town to grant Donald Lincoln retirement service credit for his time as a permanent call firefighter.
Lease of Barnes Wharf
Mr. Cataldo explained that there is no documentation that would say Lincoln Sailing has a right to be on Barnes Wharf and no annual review on the Town’s part. Mr. Edmundson noted that the structure is ADA compliant. He commented that it would be prudent for the Town to enter into an agreement with a sailing club. Whatever terms the Board may set, may come back regarding other parcels in the future. The Harbor Development Committee supported the idea of formalizing the relationship between Lincoln Sailing and the Town. Mr. Edmundson suggested that the subject be tabled for a couple of weeks in order to discuss a review the bylaws of the organization as a part of the procurement decision.
Lease Steamboat Wharf
Mr. Cataldo explained that Lincoln Sailing has expanded quite a bit and sees an opportunity for a little more space. Under the sailing club’s proposal the wharf would be open to anybody but Lincoln would like to put a dock at the end of the wharf. Mr. Cataldo said it is their assessment that although the wall of the wharf is solid, there are a number of sinkholes inside the perimeter of the wall and the wharf is completely overgrown. It is anticipated that some filling in of the sinkholes inside the perimeter of the wharf and clearing of the overgrowth would be necessary. At some point it might be desirable to put some type pavilion type facility on the wharf. Mr. Edmundson said while he views the present activities on Barnes as being grandfathered, he would consider this to be a new venture. Ms. Merrill remarked that the Harbor Development Committee is looking for more public access and, theoretically, this goes along with that idea. The Board listed some concerns and asked for advice from Harbor Development and others regarding security, access, moorings, and vegetation. Is Lincoln Sailing the best or only organization to use this property? Could there be multiple, non-competing uses. Ms. Wagner said it is difficult to see how conservation of vegetation and multiple uses could be accomplished. It was pointed out that there is a significant portion of the tip that is in the flood plain, which would require any pavilion to be much further back on the wharf and would preclude other uses. The Board continued consideration of the article until March 1 in order to allow time for comment.
Easement for Whitney Wharf Bridge
Ms. Merrill explained that in order to connect the Town Pier to Whitney Wharf it would necessary to go across private property. The owner of the private property has certain details that he would like included in an agreement, as does the Town. Issues that are being discussed include Old Salt’s request that the Town pay for sonic tubes, repair the seawall, and preserve room at end of town pier for the crane truck. The owner would grant a permanent right of way and in return would like to store floats over on the Lincoln sailing wharf. There would be a dinghy dock for transients only. Mr. Edmundson asked when the cost of some of these items would be known since it would be beneficial to know the cost of anything that night be a condition of the easement. Mr. Tocchio will speak with his client and get back by the first of March. The Board will wait for further information before voting on this article.
Home Rule Petition re: Short-term Borrowing
Short-term borrowing was discussed as a strategy to handle debt issues going forward. State law allows 2 years of short-term borrowing and then it has to be bonded. It was the opinion of a bond counsel that the Long-term Debt Committee would look favorably on extending the short-term borrowing with some principal payments. The second portion of the bill would allow the Town to pass on the exact borrowing cost of a betterment. We build the borrowing cost into the betterment already so it seems burdensome to add 2% to the cost to the homeowner. This would allow the Town charge homeowners short-term rates which are considerably lower than long- term rates right now. State agencies are already allowed to do this. It should save homeowners $400-$600 per year in betterment costs.
Voted – recommend the article entitled home rule petition regarding short-term borrowing
Land Acquisition Mass Highway
The property in question is a 15-acre tract adjacent to Bare Cove Park which was the subject of a similar article at last year’s annual town meeting. Representative Bradley and Senator Hedlund are trying to attach this request to a bigger piece of legislation. Mass Highway apparently would like to get rid of this parcel and the Governor put in his budget to transfer this property to the EOEA.
Voted – to recommend the article entitled Land Acquisition Mass Highway.
Liquor Licenses - Site Specific
The 2004 Annual Town Meeting petitioned for, and received, an additional alcoholic beverages license for Linden Ponds. The intent was that the license be site-specific but somehow that was lost from the legislation. This article seeks to remedy that. The Board would also like to have the license for the Country Club be site specific.
Voted - to recommend the article that would authorize special legislation to make certain liquor licenses site specific.
Voted - to continue the Verizon hearing until February 15, 2005.
Voted - to approve minutes of December 7, 2004
Voted - to grant Hingham Bay Club, LLC an Entertainment License for Valentine’s Day festivities on February 12 and Monday February 14, 2005 from 4:00 P.M. to midnight.
Voted - to grant Aloha Restaurant, Inc., Stephen K.W. Chan, Manager, a three month extension to transfer his Restaurant Common Victualler All Alcoholic Beverages License. (He was previously granted a three months extension which is up)
Voted - to grant Request for Counsel as submitted by the Police Chief.
Selectmen/Town Administrator’s Reports
Mr. Edmundson spoke to Representative Bradley and he will be in to see the Board at the end of March. Mr. Edmundson will be going to Washington and hopes to spend time discussion of transportation authorization for the shipyard. A number of letters have been received in favor of the ice rink. A No Place for Hate event will take place this Saturday from 5-7 PM. Mr. MacIver will be attending a meeting at Boston City Hall with the Citizens Advisory Council for Massport regarding noise studies. Hopefully, this may result in moving the traffic further offshore. Ms. Tully reported the Town is continuing to have meetings with Verizon and MBTA about traffic design at the intersection of Hersey, Thaxter, North and South Streets. The Lincoln Day Ceremony was wonderful, as was the proclamation was written by Bill Salisbury. Mr. Cristello has been meeting with Steve Becker and Dennis Corcoran regarding visual aspects and design issues of the website. The Town is on its way to a bigger and better web presence. Mr. Cristello reported that he had had a conference call with Hanover Town Administrator Steve Rollins about a web administrator to be shared between the two towns.
The Board voted by roll call vote to adjourn to executive session for purposes of contract negotiations and not to return to open session this evening.
Mr. Edmundson – yes
Mr. MacIver – yes
Ms. Tully – yes
Open session adjourned at 10:10 PM.
Betty Foley Clerk