April 12, 2005
Regular Session 8:05
Ms. Tully, Mr. MacIver, Mr. Edmundson
Public Hearing - Kay's Harbor Corporation for an Entertainment License
Mr. Di Carli explained that Stars on Hingham Harbor is seeking a one day a week entertainment license. The request is not specific as to the night since some performers are not available on every night. The request is for acoustical music with small amplifiers. The music would be in the backroom next to the bar with the window closed. The Board expressed concern at the 1:00 AM end time and recommended that the request be modified to end at midnight.
Voted - to grant an entertainment license to Kay's Harbor Corporation d/b/a Stars on Hingham Harbor, Edward A. Kane, Manager, 2-4 Otis Street, for no more than two people playing acoustical music. This license is granted with the stipulation that the entertainment is limited to one night per week, excluding Sundays, between the hours of 8:00 P.M. and Midnight.
Public Hearing - Street Acceptance of Maryknoll Drive and Brandon Woods Circle
Mr. Corcoran explained that there had been some irrigation systems within the layout and some of the highway bounds were not visible. These issues have been corrected. The remaining issues are limited to drainage structures that need to be cleaned and, in some cases, pointed. The Planning Board is required to hold a certain amount of money, which would be more than adequate to perform any work not done.
Voted - that the Town accept the laying out, as a Town way, of a way beginning at the intersection of Charles Street, running in an easterly direction a distance of 2,385 feet, more or less, through a turnaround, as shown on plan entitled: "Roadway Acceptance Plan & Profile Maryknoll Drive, Hingham, MA", dated September 23, 2004, prepared by Coler & Colantonio, Inc., Engineers and Scientists, as revised from time to time, and the name Maryknoll Drive be given said way.
Voted - that the Town accept the laying out, as a Town way, of a way beginning at the intersection of Maryknoll Drive, running in an easterly direction a distance of 384 feet, more or less, through a turnaround, as shown on plan entitled: "Roadway Acceptance Plan & Profile Maryknoll Drive, Hingham, MA", dated September 23, 2004, prepared by Coler & Colantonio, Inc., Engineers and Scientists, as revised from time to time, and the name Brandon Woods Circle be given said way.
Project Turnabout Land Transfer Warrant Article
Mr. Edmundson explained that there had been several meetings with the Hastings Companies regarding the plan to purchase the Project Turnabout Land and transfer a portion to the Town and in return receive a parcel that is currently a part of Bare Cove Park. Mr. MacIver remarked that the Board has been kept apprised of the process as it occurred. This was a pretty interesting example of incentive zoning. This is a positive commentary on the way things can be done to benefit everyone. The Planning Board voted in favor of both proposals last night. The Planning Board's vote was contingent upon the development agreement being signed before Town Meeting. Ms. Murphy said that everything appears to be on the right track and that there would be a signed document. Ms. Tully said this is an example of town departments working together to see the town is well served. Mr. Hastings has worked cooperatively with the town.
Voted - to recommend that the Town authorize, but not require, the Board of Selectmen to (1) sell or transfer a portion of a parcel of land shown on Assessors' Map 69, Key 44 known as Bare Cove Park located on Beal Street for the minimum consideration of $1.00 and (2) acquire a portion of a parcel of land shown on Assessors' Map 46, Key 13 known as Project Turnabout located on Beal Street for the minimum consideration of $1.00 both on such terms as the Board of Selectmen deems proper and (3) authorize the Board of Selectmen to seek a special act of the legislature to accomplish this land transfer.
Voted - to support Article 34 to amend the Zoning By-Law in the Zoning Map, Part A by (1) removing from Office Park District and including in the Official and Open Space District, a piece of land, or a portion thereof, shown on Assessors' Map 46, Key 13; (2) removing from Office Park and including in Residence District E a parcel of land, or a portion thereof, shown on Assessors' Map 46, Key 13; and (3) removing from the Official and Open Space District and including in Residence District E a parcel of land, or a portion thereof, shown on Assessors' Map 69, Key 44.
Athletic Fields in Bare Cove Park/School Depot Area
This has been a part of the Bare Cove Park Master Plan right along. The number of sports fields has been reduced from five to four to allow for better drainage. The warrant article deals with that portion of the money that will come from bonding. Mr. MacIver thanked the Community Preservation Committee for the long and thorough deliberation and also thanked the Sports Partnership for their support.
Voted - to recommend that the sum of $1,085,312 be appropriated for the construction of municipal outdoor recreational and athletic fields, including the development of land and the construction of facilities, and that to meet this appropriation, the Treasurer with the approval of the Board of Selectmen, is authorized to borrow the sum of $1,085,312 under and pursuant to Chapter 44, Section 7(25) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefore.
Ms. Lacy, Mr. Prentiss and Mr. Cristello attended the meeting on the ENF filed by Aquarion Water Company relating to the opening of Well No. 4. The comment period for this project will extend to the 29th of April. There still are quite a few unanswered questions and the Mr. Cristello recommended that the Board suggest that an environmental impact study be required for this project. Mr. MacIver noted that the secondary development that might be occasioned by development of a sewer should be considered and it requires that an amount of due diligence be exercised both in the opening of Well #4 and the Wastewater Management Plan.
Voted - to submit comments to the Executive Office of Environmental Affairs on the Environmental Notification Form regarding Free Street Well #4.
MMA has a local aid lifeline initiative to restore local aid cuts made over the past several years. This aid takes the form of additional assistance, Chapter 70 funds and lottery funds. This would not help the current year but would help next year when there is a sizeable deficit that has to be made up.
Voted - to support the MMA Local Aid Lifeline Plan.
The town has been discussing with Cashman the contractor's desire to close two intersections downtown for at least a month. The Town had an agreement early on that only one intersection at a time would be closed. If the work has to be done consecutively instead of concurrently it would add three months to the job downtown. This will cost more in terms of details and will be limited to as short a duration as possible. If an intersection could be kept open with a detail officer, that would be the requirement. It would push all the traffic through one intersection. This would mean that all excavation would be done before the holiday season. Roger Fernandes has seen this and been at the discussions. The merchants are not aware of this at this time. Mr. MacIver said he would be inclined to say yes because even if it does slip there will time to complete this phase of the project prior to the holiday season. Mr. Edmundson felt approval should be conditional on sufficient police details and outreach to merchants. Provisions should be made for immediate feedback directly through Sgt. Corcoran and Mr. Fernandes. Every effort should be made to keep parking open as much as possible. Ms. Tully said perhaps a skim coat on the North Street road surface would help to handle traffic. She also suggested some temporary lining on the roads for crosswalks, etc. The Station Street area needs lines as well.
Sue Sullivan advised the Board that the Taste of Hingham would be on April 30 on that section of North Street between Settles Glass and 3A. It would be very helpful to the merchants to advertise this. The sign would be located on Stars property for no more than 10 days with the advice of the Police Dept. The rain date will be May 7.
Voted - to allow a Taste of Hingham banner no larger than 6' by 24" on land adjacent to Route 3A for no more than 10 days.
Overview of Zoning Articles
Article #25 would rectify a error on the zoning map. Many of the residences around the Country Club were zoned as Residence D they have been subject to a note saying that it must be treated as Residence A.
Article #26 seeks to clarify the "60/40" rule. There has been a lot of trouble in measuring buildings in this town. There is a height limitation of 2 ½ stories as long as no more than 60% of the basement is visible above finished grade it does not count as a story.
Article #27 clarifies the maximum height, in feet, allowable under the 2 ½ story limit.
Article #28 addresses the fact that Business and Open Space Districts have no minimum frontage specified in the By-law. There are two or three lots that have less than 20' but they would be conforming because they are grandfathered.
Article #29 seeks to clarify the definition of dwelling. With this amendment dwelling will refer to no more than one dwelling on a lot unless otherwise expressly permitted in the By-law.
Article #30 defines the single-family dwelling unit in a farm area as an accessory use. The dwelling would require a Special Permit A1.
Article #31 would require all multi family developments to include at least 10% affordable units, as defined by DHCD.
Article #32 would clarify that section of the By-law dealing with non conforming uses by stating such non-conforming uses expire after two years of not being used.
Voted - to grant a one-day liquor license to St. Paul Parish for a volunteer appreciation dinner on April 30, 2005.
Voted - to appoint Martha Harvey, 210 Charles Street, to the Fourth of July Parade Committee.
Voted - to renew the Limousine License of Wendy W. Tompkins, d/b/a Pride Limousine, 72 Sharpe Street. Pride Limousine has been approved for one vehicle at this time.
Voted - to renew the following Limousine Driver's License for Pride Limousine:
Robert J. Brady
Christopher D. Garland
Michael C. DiMarzio
Wendy W. Tompkins
Selectmen/Town Administrator's Reports
Mr. MacIver attended the Metro Future project yesterday. There is re-adjustment trying to engage the business community. The plan is to work on a baseline and on alternative futures using 5, 10 and 15 year time frames. Mr. Edmundson reminded everyone that hazardous waste day will be May 21 noting that the line can get quite long as the morning progresses. Ms. Tully advised that the Green RFP Committee met last Thursday and a representative of an architectural firm made a presentation. Dr. Galo attended because she would like to see this in future construction. At that meeting Ms. Amster spoke about the noise in her classroom and the difference made by replacement tiles. Mr. Amster is determined that two more meetings will complete the work of the committee. They will submit a report to the Board of Selectmen and the State of the Town Forum meeting.
Voted - to approve the minutes of January 18 and 25, 2005.
Meeting adjourned 9:30 PM.
Betty Foley, Clerk