May 17, 2005
Regular Session 6:37 PM
Mr. MacIver, Mr. Edmundson, Ms. Tully
Public Hearing - Complaint of M. Salerno and N. Pincov against Diane and Benjamin Bastianelli
Mr. MacIver swore in all those who would give testimony during the course of the public hearing. Mr. Currie advised that on December 8 of last year the Bastianellis' dog got loose and bit both Ms. Pincov and Mr. Salerno. Prior to that at the Thanksgiving high school football game, the same dog bit a woman spectator. Mr. Currie tried to contact the victim but received no response. Mr. Salerno and Ms. Pincov, both of 59 Cross Street, advised the board that this is a quality of life issue. Ms. Pincov explained that at 7:15 AM she stepped out of the house to walk her 10-pound Pomeranian and the rottweiler named Bear came running toward them. Ms. Pincov picked up her dog and the larger dog began attacking both the Pomeranian and her. Mr. Salerno went out to assist. His sister, Ann Salerno, observed Ms. Bastianelli walk slowly into the yard as the rottweiler jumped at Mr. Salerno. Ms. Salerno went on to say that her young daughter is very fearful because of this dog. The Salernos reported that approximately ten days prior to this incident the dog had also gotten loose. Immediately after this incident a second rottweiler was brought onto the property. Ms. Pincov submitted pictures of the injuries she received due to the dog attack and informed the board that due to these injuries she was unable to some of the basics of daily living and was in physical therapy until the beginning of March.
Diane Bastianelli and Benjamin Bastianelli said they have lived next door to the Salernos for many years and take this very seriously. Ms. Bastianelli explained that on the morning in question she let the dog out and he managed to get out through the fence by way of a break that she had no idea existed. She called out Bear assuming he would come back. She was standing on the deck when saw him running toward the street so she went through the house and down the street to the stop sign. At that point Ms, Bastianelli looked through the yard and saw the dog in a scuffle. Ms. Bastianelli explained that she ran as fast as she could, got the dog and brought him home. At that point she called her husband and left him to handle things. Ms. Bastianelli said the Salernos' dog tormented her dog on a daily basis by constantly barking and running at the property line. Mr. Bastianelli advised that when the incident occurred he went to the hospital and sat with Michael and Nancy and has expressed sorrow for inconvenience and problems that have occurred. Mr. Bastianelli said he had advised the Salernos that it was his intention to install additional fencing and subsequently placed additional stockade fence around the property.
Mr. Bastianelli explained that his intentions are to have the dog in competition for agility. The dog has been through 15 weeks of training at the Hingham Rec Center and is currently training in Norwell. The dog was barely a year old at the time of the incident. Mr. Bastianelli reported that the Animal Control Officer has visited several times and the muzzle order is always in compliance. Mr. Edmundson asked about the earlier incident at the high school. Mr. Bastianelli explained that he had been playing with the dog, the dog was jumping around and a woman went by and he jumped on her. The EMT for the youth football game was there and looked at the injury. Mr. Bastianelli gave this woman his name and phone number but never heard anything about it again. When the animal control officer told him that the November incident had been reported it him by surprise because he chased the woman down to make sure everything was ok.
According to Mr. Bastianelli his dogs are bred for two different types of competition. The older dog is bred for an agility style of competition involving a great deal of training; the other dog for pulling competitions. In pulling competitions dogs pull a specific amount of weight for a certain distance at a certain amount of time. This is not an inexpensive hobby. Each dog costs about $2,000 and the training to date amounts to about $3,000. Mr. Bastianelli felt that the problem is that they are rottweilers but said there is not anything in the breeding of these dogs that would cause aggressiveness. The Bastianellis characterized what happened as a dogfight because both of the dogs were young.
The Board questioned what controls are in place to avoid any future incident. The Bastianellis explained that all the doors of the house open to fenced enclosures with the exception of the front door, which has a door closer on it. They walk the dog on a leash and the dog is never outside without a muzzle. The new fencing includes a failsafe mechanism and visual isolation. Two Bastienllis own two other dogs - another rottweiler and a mixed breed sheltie shepherd.
Ms. Tully commented that she would not call this incident a dogfight since there was a human being involved. Mr. MacIver summarized the fact the animal is being trained for a hobby that is unusual in a neighborhood of this kind and remarked the Board has to take into account the owners, the objectives with the dog, the behavior, the routine performed with the dogs, etc. Mr. Edmundson asked the Chief to explain what it means to have the dog permanently restrained. Chief Carlson said the dog would be restrained in every form and fashion. He also noted that the obligation he has is to insure that the public safety is maintained. Chief Carlson said he would like to offer a written opinion prior to the next meeting.
Voted - to take under advisement the matter of the dog hearing regarding the Rottweiler owned by Diane Bastianelli until June 7 at 7:35 PM.
Dedication of Center Field
Ed Gay and Gail McMaster advised the Board that would like to name the field at the intersection of School and Common Streets in memory of Donna Powers. The plan would be to install a flagpole, new benches, a sign and to place a stone and signs on either side of the back stop in red or green dedicating the field to Donna Powers. Mr. MacIver remarked that he thought it a wonderful idea to commemorate Donna but, recognizing that this is a neighborhood, it would be advisable to take a little closer look at it. The size of the signs, the rock, and the backstop signs were discussed. Mr. Skinner requested that other options be considered a plaque on a bench or a tree with a plaque. Mr. Potter objected to naming the field after anyone and noted that the rock is large and unsafe with sharp edges. Ms. Tully agreed that Donna Powers did a wonderful job and deserves the town's thanks but noted there is a process that needs to be followed on Selectmen-controlled parcels. The board suggested a quick inventory of other fields that have been named for individuals and some indication of what physical improvements were included in the naming of each field.
Mr. Edmundson suggested a working group comprised of representatives of the neighborhood, Recreation Commission and proponents to discuss the various issues and try to reach some common ground. The Board will discuss the matter again on June 7
Report on Condition of Barn at 9 Ship Street
The Building Commission has attempted to contact the property owner regarding the results of the survey board (5 member board) that convened and concluded that the structure was beyond repair and must be removed. These findings were presented to owner with no response. The issue was presented to court with no response from the court. The Town advised the court that the petition would be withdrawn and the building taken down. Mr. Edmundson said that while counsel advised that it is within the Town's right to take this action and the view from the street shows that this structure is a danger to the public, the Board felt it appropriate to air this at a public meeting in order to allow the property owner to say anything he wishes while Town Counsel is present. The Board felt that it is important to have a hearing like this to make sure every opportunity is given the property owner.
Mr. Patch stated that the Town has interfered in the probate of his grandmother's estate. The inheritance is up in the air due to a divorce. The divorce court has yet to determine who will be dealing with the property. The neighbors built a tree house near the barn, 15 feet from the property line. Mr. Patch said that if the Town wishes to secure the barn,
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the Building Commissioner should state what he wants done to secure the building. The Historic Districts Commission issued a permit for repair of the barn. Mr. Patch alleged that the timing of events in September smacks of retaliation for his complaint to the AAB
on another matter. Mr. Patch claimed that although the Town was claiming a public safety issue, there are other barns in town that are in equally poor shape. The Board noted that Town has worked through probate courts and other courts with no cooperation from the property owner. The Board of Survey was convened; the property owner did not avail himself of the opportunity to be present or to appeal the decision of the Board of Survey. The Town took the extra step to go to the court to present the findings of the Board of Survey, etc. There was nothing forthcoming from the court. After review, it was decided that the court process might take longer than anticipated. This action started with a letter to Ms. Rankin about 9 years ago. Mr. Handorf noted the problems include (1) shingles and sheathing falling on his property, (2) a public health concern - neighbors have seen rats, feral cats, etc. and (3) it is an eyesore that cannot be rebuilt. Mr. Edmundson requested the copies of pictures of other barns that are falling apart. Mr. Edmundson advised Mr. Patch that he could still make a proposal to secure that barn. Ms. Tully said that if Mr. Patch, or someone else, did not have the authority to make the property safe and there is a safety issue, then it is up to the Town to act on things. Mr. MacIver noted that he was satisfied that all the bases have covered and it is incumbent upon the Selectmen to take action.
Discussion and Vote on Fire Chief Finalists
Mr. Cristello advised that he and Mr. Basler have culled down the 16 candidates to six finalists. Interviews begin June 7 and the Board plans to vote by the June 21 meeting.
Voted - to name the following finalists to be interviewed for the position of Fire Chief:
Mark Duff David Damstra
Lance Benjamino Robert Keyes
Robert Olsson Francis Krause
And an alternate, Peter Finley of New Jersey.
Voted - to appoint Mark Duff Acting Fire Chief effective June 12, 2005.
Interviews for Police Sergeant
David Horte, an 18 year veteran of the force, told the Board that he was on the Metro Swat Team, did crash reconstruction for the Town and has had supervisory experience on the 4-12M shift. Office Horte developed an interest in law enforcement while in college, took the exam and was hired. He said the position of sergeant requires an ability to develop a rapport with the people you work with and to have their respect, a knowledge of laws and your men. One should lead by example and give officers a chance to grow on their own and to work things out. If it is going very wrong, tell them do it another way. Officer Horte advised his best format for working was to analyze and come up with a good solution. He said that, as a sergeant, you have to know the people you are working with, their strengths and weaknesses, the Massachusetts General Laws and policies and procedures. It is the sergeant's responsibility to give them guidance on their duties, responsibilities and how they function. Officer Horte said he has a lot of compassion for people that might cause him to be a little lenient. He told the Board that he has always been community policing oriented and has taught at the Citizens' Police Academy and the Junior Citizens' Police Academy. Officer Horte agreed that education is important stating that he came on the force with a Bachelors Degree and if he had time he would consider a Masters.
Darren McAdams said becoming a Hingham police officer fulfilled a childhood dream. He received an Associates Degree and could not continue for financial reasons, took an EMT course and got certified and then went to work at various jobs through the 80s and was appointed to the force in 1994. His expectations of police work were great and he has not been disappointed. The work is very satisfying.
Officer McAdams characterized himself as a "hands on" type of person who works with people instead of delegating and likes to show up at all calls when possible. If something needs to be done, he is willing to do the patrolman's job rather than pull someone off a job. He has been a field-training officer. The most difficult situations for Officer McAdams are those where you are trying to build probable cause - uou know you have the bad guy but you can't prove it. It is his expectation that although the Town is growing, the department is not necessarily going to grow so people will have to grow as individuals and take on more responsibility. There will be more calls for service. Officer McAdams is the last remaining bike patrol officer and he is recruiting some young patrolmen who want to do it. Officer McAdams said he is always looking for training opportunities and is currently three courses short of a Bachelor's Degree.
Richard Amonte grew up in town and would like to give back to the town. He has been very involved in the department's car seat program. Officer Amonte said he has a lot of information to pass on to the new people. He is currently a patrol supervisor two days a week on the day shift. Officer Amonte commented that he tends to go out and do the job to make sure it gets done, rather than delegating authority. The new men and women coming on the force are well educated but the need for good communication continues to be most important. He has been working with the Senior Center and a line of communication with Linden Ponds has been established. Officer Amonte said he has tried to improve the quality of life in the community by focusing on doing things that no one else is doing.
Voted - to sign contracts for DPW services as recommended by the Regional Consortium Project Director.
Voted - to submit an ANR Application for the Hersey House property.
Voted - to appoint the following Associate Members of the Zoning Board of Appeals for a one-year term:
Victor Baltera
Robert Bersani
James Broderick
Joseph Freeman
William M. Koplovsky
L. Bruce Rabuffo
Voted - to appoint Ronald Clough and Robert England to the Bare Cove Park Committee for a three-year term expiring in 2008.
Voted - to appoint William Helfrich to the Cable TV Advisory Committee for a three-year term expiring in 2008.
Voted - to appoint James Plotner to the Council on Aging for a three-year term expiring in 2008.
Voted - to appoint Eileen McIntyre and Blake Auchincloss to the Development and Industrial Commission for a five-year term expiring in 2010.
Voted - to appoint Johanna Seelen, John Pollick and Barbara Partridge to the Commission on Disability Issues for a three-year term expiring in 2008.
Voted - to appoint the following to the Fourth of July Parade Committee for a one-year term:
Alden Carpenter, MD Cynthia Tonucci
Shanna Nicholson Mary Ann Blackmur
Susan Hagstrom Kate Boland
Lewis Scotton Ronald Sherwood
Megan Buhr Edward Rinella
Virginia Spannagel Eric Gauthier
Mary E. Bridges Ruth Potter
Martha Harvey Mary Ellen Holt
Sherry Westleman
Voted - to appoint William S. English, Jr. and Gregg Synott to the Harbor Development Committee for a three-year term expiring in 2008.
Voted - to appoint the following Assistant Harbormasters for a one-year term:
Robert Blazuk
Daniel Gavin
Michael Hickey
Robert Jenks
Michael Murray
Voted - to appoint Eric Gauthier to the Housing Partnership for a three-year term expiring in 2008.
Voted - to appoint the following to the Memorial Bell Tower Committee for a one-year term:
Kenneth W. Drescher John McKendry
Shirley Newsom Nancy Stimson
Joan Getto Michael Shilhan
Dorcas V. Wagner Justine L. W. Thurston
Eugene Shaw Elizabeth Shaw
Voted - to appoint the following to the Memorial/Veterans' Day Committee for a one-year term:
Michael Cunningham C. Lee Shackford
John Overbagh Keith Jermyn
Lewis Scotton Joseph Willard
Richard Corcoran John Diggins
Michele Meade James Claypoole
Theodore Evangelides Stephen Kelsch
Voted - to appoint Lisa Virello and Scott Peterson to the Scholarship Fund Committee for a three-year term ending in 2008.
Voted - to appoint Charles J. Cristello as representative to the MAPC.
Voted - to grant a one day liquor license to Norman McCulloch for the following events to be held at the Broad Cove Ballroom.
May 30, 2005, an Antique Show & Sale
June 17, 2005, a fundraiser for (Pan Can) cancer research
Voted - to grant South Shore Catering Group, Inc. c/o Dale Allen Lawlor, a one day liquor license for the following dates at the Country Club, 274 South Street
May 23, 2005, a Golf Tournament, from 7AM to 11 PM
May 30, 2005, a Golf Tournament, from 7 AM to 11 PM
May 17, 2005
Mr. Cristello explained that Mr. Chan came very close to transferring the Aloha liquor license but the proposal was lost on an appeal by an abutter.
Voted - to grant Stephen Chan an additional extension of three months to transfer the Restaurant Common Victualler All Alcoholic Beverages License of Aloha Inc.
Ms. Tully read a letter from Mr. Cunningham regarding Memorial Day festivities which will begin at 11 AM in Veterans Memorial Park to be followed by the main ceremony at Noon in front of Town Hall. Mr. Edmundson congratulated Ms. Tully on her election. He also commended the Police Department on the response to the deaths in the land adjacent to Bare Cove Park. Mr. MacIver reported that the Taste of Hingham was quite successful. The Wastewater Management Planning Committee had a successful meeting last week. The revised scope of the project should be ready to go by mid-June. Mr. Cristello reported an email from Mark Duff advised that the town would receive a $153,000 reimbursement for snow removal cost. The work on lifting the cables at the Central Street intersection is ahead of schedule and everything looks good and Verizon's contingency plans are in place. The skim coat on North Street in front of St. Paul's should be done soon. There will be some drainage changes for Town Brook. Now that the culvert is in at the South Shore Country Club there is too much standing water without additional grading. It was not permitted at the state level so that has to go before the Conservation Commission.
Meeting adjourned 10:55 PM.
Betty Foley, Clerk