July 14, 2005
Regular Session 7:37 PM
Mr. MacIver, Mr. Edmundson, Ms. Tully
Fire Chief Duff introduced the new Acting Deputy Fire Chief Robert Olsson. Deputy Chief Olsson will
Public Hearing - Change of Officers and Directors of Bertucci's Restaurant and Change of Manager
The corporation is changing is changing operations nationwide by changing the officers and directors of the corporation.
Voted - to approve the application of Bertucci's Restaurant Corporation, Common Victualler All Alcoholic Beverages License d/b/a Bertucci's Brick Oven Pizzeria, 90 Derby Street for a Change of Officers and Directors, Change of Indirect Beneficial Interest, and change of d/b/a to Bertucci's Brick Oven Ristorante, subject to the approval of the Alcoholic Beverages Control Commission.
Voted - to approve the request of Bertucci's Restaurant Corporation, Common Victualler, All Alcoholic Beverages License d/b/a Bertucci's Brick Oven Pizzeria, 90 Derby Street for a change of manager from Edward A. Rush, Jr. to Deborah A. Collins, subject to the approval of the ABCC.
Public Hearing - Change of Officers and Directors of Chili's Bar and Grille
Voted - to approve the application of Brinker Masschusetts Corporation, Common Victualler, All Alcoholic Beverages License, d/b/a Chili's Bar and Grille, Cristina McShain, Manager, 6 Whiting Street, for a Change of Officers, and Directors, subject to the approval of the Alcoholic Beverages Control Commission.
Main High and Free Streets Intersection
Ms. Tully explained that 2 years ago a warrant article requesting a traffic light on Main Street was considered at the Town Meeting. A traffic study committee was formed and recommendations were made for engineering changes at both the Cushing/ South Pleasant/Main Street intersection and the High/Free/Main Street intersection. The changes were implemented and there appears to be a reduction in accidents at the Cushing and South Pleasant Streets intersection. The High, Free and Main intersection shows an increase in accidents rather than an improvement. Since Phase 2 of Route 228 reconstruction is planned for FY 2007 it is time to consider whether a change should be made at that intersection. Mr. Edmundson noted that the preponderance of accidents have been in the afternoon involving young drivers. Mr. Friedman noted a trend of accidents increasing over 10 years and said it is time to take action now. Mr. McAdams remarked that people make decisions based on frustration and road rage and this will continue to get worse with the Queen Anne Corner construction. The traffic will only continue to grow. Mr. Young noted that only half the recommendations have been done on Main Street overall. At Free, High and Main the only change implemented was the reducing of the turning radius and changing the island. Mr. Young listed items needing attention such as crosswalks, a center line on High Street, and moving trees and poles. All the Cushing Street recommendations were implemented.
Ms. Tully remarked that the alignment of High and Free Streets has been improved. It is much more direct than it was. The relocation of the High Street median has been done. The width of High Street has been reduced with pavement markings; pedestrian crossing signs and markings have been improved; the stop line has been located to bring the stop condition as far into the intersection as possible. Residents spoke for and against the signalization of the intersection. The Board encouraged people to write or call. Mr. Cook remarked that if traffic lights are installed there will be changes, but traffic signals may or may not solve the problem. Accidents will go from angle collisions to rear end collisions. He explained that because the stop requires people to slow down there would likely be less severe accidents. Mr. Edmundson said that he is attracted to the concept of rotaries and roundabouts. Ms. Tully said that she felt that all the appropriate actions have been taken and the recommendations of the committee have been implemented. The information on the last 10 accidents shows that the difficulty is accessing from High or Free. Mr. MacIver advised that he had tried to find distinguishing characteristics that would make this intersection different. He concluded that this is a unique intersection because it is a through intersection where you can get from one side of town to the other and there is also have a higher proportion in younger inexperienced drivers. Configuration changes have been made; the signalization option may be the next step. Signalization is not a panacea. Mr. MacIver said that the Board is not ready to vote but ready to consider a light option.
Public Hearing - Deborah Cay Dog Related Incident
Mr. MacIver opened the hearing asked all who intended to give testimony at the hearing to stand and be sworn in. Mr. Currie explained that on May 29 the Hingham Police were called to 20 Lazell St on three separate occasions. The first complaint was by Mr. Honstra, the police listened to Mr. Honstra's side of the story and went to Ms. Cay's house. She refused to answer or come out of the house. Eventually the police left. The second call came from Mr. Britt. The police again responded. Ms. Cay was outside at this time and continued to harass both the neighbor and the police with her dog. Later Mr Britt called the police again. When they responded Ms. Cay again taunted the police. Finally Officer McAdams convinced her to put the dog in the house. She then invited Officer McAdams onto the property. All three dogs were then let out of the house and all three charged the officer. He yelled at them to stop; the two smaller dogs stopped the larger one continued on. The officer pepper sprayed the animal. Ms. Cay informed the Board that on the advice of counsel she would be unable to discuss this matter due to a case pending in Hingham District Court. Capt. Mills reported he made a concerted effort to converse with Ms. Cay and she would not. In his opinion the bottom line is that she has dogs that are aggressive and dangerous. Someone could get hurt and it is his recommendation that the dogs banned. Mr. Britt said Ms. Cay has said that she enjoys the fact that people are afraid of her animals. He expressed concerns for his family's welfare because of her having three massive dogs. Mr. Honstra characterized the dogs as a loaded gun - not a problem if had by someone who makes good decisions.
Sgt. Olsson was officer in charge of the station when the incident occurred. He went over to Lazell St. to assist officers hoping that having had prior dealings with Ms. Cay would help the situation. Ms. Cay deliberately invited Officer McAdams onto the property and then opened the door and let the dogs out to charge him.
Voted - to order that one male and two female black and tan rottweilers currently being housed at the property belonging to Deborah Cay, 20 Lazell Street, be removed from the Town of Hingham because of the vicious disposition of such animals as evidenced by their recent attack on Hingham Police Officer Darren MacAdams.
Hearing closed.
Appointment of an Officer to the Hingham Police Department
Capt. Mills recommended Heather Mendes for the position of Officer in the Hingham Police department. Mr. MacIver thanked all the candidates for the time and stressed that it was not an easy decision.
Voted - that the Board of Selectmen, while acting in the capacity of Appointing Authority for the Town of Hingham extends to Heather Mendes
a conditional offer of employment as a permanent police officer for the Town of Hingham. This offer is contingent upon the successful passing of all required medical and psychological screening examinations and all other requirements related to, but not necessarily limited to the following:
A. Successful passing of the required medical examination;
B. Successful passing of the required physical abilities test (PAT);
C. Successful passing of the required psychological screening process;
D. Successful passing of all other requirements for entrance into the police academy;
E. Entering into a satisfactory agreement with the Town of Hingham relative to payment of the $2,300 recruit training fee;
F. Any and all other requirements as mandated by law or regulation.
The first day of employment will coincide with the next available police academy as determined by the Police Chief
Application for Housing under the Local Initiative Program
Mr. Tocchio introduced Rod Gaskell, Steve Culla and Jason Riley all of whom are involved in the project at 269-271 North Street. After the initial visit with the Board the group spoke to the Housing Partnership and later with the Wednesday morning permitting group meeting. The main house was built between 1750 and 1760. The plan is that the existing three-family building will be broken up into four condominiums, one of which will be affordable. On the back section of the lot it is the plan to put in 4 units. This type of development is consistent with the master plan which requires residential units in or near the downtown. It is also consistent with the plan of residential units within walking distance of the future commuter rails station. Mr. MacIver said the units are appropriate it is the siting issue that is of concern. The Board said feedback would be requested from the Planning Board. Mr. Edmundson noted that it is more the policy issue from the point of view of policy impact. This is an evolving trend that is locating the residential units in the downtown area - this is a national trend. Ms. Tully noted that the fact that these are one and two bedroom units is what is makes this unique. She said the plan looks good but there is an overarching policy question that needs to be answered and the Selectmen are looking forward to the Planning Board's guidance on this issue. With the LIP process the decision is the Selectmen's and they will be careful to preserve their autonomy and come to an independent decision on this.
Voted - to grant the request of the Blackfin Chophouse and Raw Bar d/b/a Blackfin Restaurant, 1217 Main Street, Anthony Ambrose, Manager to remain open only for functions that have been previously booked and cease the daily operations of the Restaurant Common Victualler All Alcoholic Beverages License. Permission is also granted to enable Mr. Ambrose, to make arrangements to transfer the license, until December 1, 2005.
Voted - to amend the Traffic Rules and Orders of the Town of Hingham, adopted by the Selectmen on May 31, 1939, and subsequent amendments thereto be and hereby are further amended to make a portion of South Street a one way street as follows:
By adding to Article VII, One-Way Streets, Section I, the following:
South Street: From Main Street, in a northeasterly direction, to North Street.
Mr. Cristello reported that in going through the facets of permitting for the fields and the Project Turnabout property it became apparent that there were some variances and waivers that would be needed that are specifically prohibited in the Development Agreement. Ms. Murphy has drafted a sample amendment. These are minor issues and the potential impacted areas are very small. The Planning Board and Zoning
Administrator cannot remember why these particular restrictions were put in.
Voted - to sign an amendment to the development agreement with Thomas Hastings Co., LLC.
Voted - to support the Units-Only Local Initiative Application for three, single family units at Ridgewood Crossing.
Voted - to recommend a transfer from the Reserve Fund to the Legal Services Account in the amount of $4,689.
Voted - to recommend a transfer from the Reserve Fund to the Historical Salaries Account in the amount of $58.
Voted - to recommend a transfer from the Reserve Fund to the Weights & Measures Expense Account in the amount of $337.
Voted - to recommend a transfer from the Reserve Fund to the Veterans' Agent Salary Account in the amount of $143.
Voted - to waive the permit fee for two tents on the courtyard to be used by the Recreation Department for extra outdoor space during the summer camp sessions.
Voted - to approve request for counsel as submitted by the Building Commissioner.
Voted - to grant Ivana A. Machado, a Common Victualler's License, for Red Peppers restaurant, 6 North Street, subject to the approval of Town Board's.
Voted - to grant the South Shore Catering Group, Inc, a one-day liquor license for the following golf tournaments from 9 AM to 7 PM:
July 16, 17, 18, 25, and 30th.
August 1, 5, 8, 13, 14, 15, 19, 22, 26, 29, and 31st.
Voted - to appoint Rev. Gary Ludwig to the Housing Partnership for a three-year term.
Voted - to appoint David J. Mehegan to the Library Trustees for a three-year term expiring in 2008.
Voted - to appoint the following to the Bare Cove Park Committee:
Paul Doyle for a three-year term expiring in 2008
Timothy O'Neill to fill an unexpired one-year term ending in 2006.
Voted - to appoint Stephen McLaughlin to the Zoning Board of Appeals for a three-year term expiring in 2008.
Voted - to appoint the following alternate members of the Zoning Board of Appeals for the upcoming year:
Steven David
Jamey Tesler
Voted - to appoint Robert M. Egan, Michael Simpson, Richard Wakem and Michael Yanovitch as Deputy Building Commissioners for a one-year term.
Voted - to appoint Brian McPherson as Plumbing Inspector for a one-year term.
Voted - to appoint George Rittershaus, Jr. and Francis J. Yetman as Deputy Plumbing Inspectors for a one-year term.
Voted - to appoint John A. Stoddard, Jr., Kevin J. Bulman, Patrick Cannon and Russell McLoud as Deputy Wire Inspectors for a one-year term.
Voted - to appoint Susan Kiernan to the Council on Aging for a three-year term expiring in 2008.
Voted - to appoint Joanna Pollick a member of the Council on Aging for a three year term.
Voted - to appoint Avis Goldstein and Emily Hutchinson to the Cultural Council for a three-year term expiring in 2008.
Voted - to appoint the following members of the Country Club Management Committee for a term expiring in 2008:
Daniel Walsh
Timothy Curry
Voted - to appoint Richard Callahan to the Harbor Development Committee for a three year term expiring in 2008.
Voted - to appoint David Beal as an Associate Member of the Harbor Development Committee.
Voted - to appoint William S. Thayer, A.I.A. and Martha Saunders to the Historic Districts Commission for a three-year term expiring in 2008.
Voted - to appoint Winston I. Hall as an alternate to the Historic Districts Commission for a three-year term expiring in 2008.
Voted - to appoint the following members of the Historical Commission for a three year term expiring in 2008:
Gary Tondorf Dick
Kathleen Sutton
Sarah Dewey
Voted - to appoint Virginia Tay a member of the Historical Commission to fill an unexpired term ending in 2006.
Voted - to appoint David Orlandi and Robert Blazuk special police officers for a one year term.
Voted - to appoint Leslie Kehoe a member of the Traffic Committee for a three year term.
Betty Foley, Clerk