November 2, 2005
Regular Session
Mr. MacIver, Mr. Edmundson, Ms. Tully
The Board resumed open session at 6:35 PM.
Public Hearing - Erickson Retirement Communities for the storage of propane
Steve Shavitz of Eastern Propane Gas explained that the purpose of the propane on site is to provide temporary heat to the buildings under construction. This is similar to the temporary propane heat that was provided to Derby Street Shoppes and Town Hall while the projects were under construction. The total amount of propane on site would be more than 5,000 and thus requires a permit. Mr. O'Donnell, 9 Old Quarry Way, asked how close the tanks would be to his property. It appeared that the closest tank would be approximately 1500 feet away.
Voted - to grant CNL Retirement ER4LP c/o Erickson Retirement Communities a License to temporarily keep and store 5,000 gallons of propane gas, in five 1000 gallons ASME steel tanks aboveground at 300 Linden Ponds Way. These tanks will be used for the purpose of heating the buildings during construction.
Public Hearing - Grant of Location for installation of Gas Main in Foley Beach Road
Mr. O'Leary explained that the gas main had already been installed due to the very poor condition of the main. Mr. O'Brien of Foley Beach Road is appreciative of the fact that a section of the main was replaced but questioned the condition of the main to the left of 23 Foley Beach Road. Mr. O'Leary advised that while the bare steel main became pitted and then eventually began to leak in one section. The pipe to the left of #23 did not have any evidence of leaks therefore it was determined that it was unnecessary to replace that portion of the gas main. Mr. O'Brien said that it took a half dozen calls to get this section of main replaced and expressed concern about the length of time to get response to this type of problem.
Voted - to approve the Grant of Location of Keyspan Energy Delivery to install and maintain approximately 420 feet, more or less of 2-inch gas main in Foley Beach Road, from the existing 2 inch gas main at house #23 in a southerly direction to house #35.
Public Hearing - Grant of Location for installation of gas main in Williams Street
Mr. O'Leary explained that Keyspan is being proactive replacing bare steel that has a leak history with plastic. No one spoke in opposition to the petition.
Voted - to approve the Grant of Location of Keyspan Energy Delivery to install and maintain approximately 265 feet, more or less, of 2 inch main, from the existing 2 inch main, in Williams Street at house #7 in a westerly direction to house #13.
Public Hearing - Grant of Location for installation of gas main Del Prete Drive
A Del Prete Drive resident had requested gas service last spring and purchased new appliances for this service. No objections were made to this grant of location but the Board did remind Mr. O'Leary that the request must go before Conservation Commission because of the proximity to wetlands.
Voted - to approve the Grant of Location of Keyspan Energy Delivery to install and maintain approximately 425 feet, more or less of 2 inch gas man in Del Prete Drive, from the existing 2 inch gas main, at house #6 in a westerly direction to house #12. This application is approved subject to the stipulations of the Department of Public Works and the Conservation Commission.
Quarterly Financial Report
Mr. Alexiades noted that there are not a lot of surprises in this report. On the revenue side, property tax collections remain strong and within forecasted amounts; building revenues remain strong; and short-term rates are up which will improve investment income. The Town has not established a policy of what to do with excess interest income over projections. Mr. Alexiades suggested that if the projection were to stay at a reasonable amount, it would be advisable to let excess interest income flow into surplus revenues and, ultimately, free cash. Mr. MacIver asked about revenues that were substantially up such as ambulance receipts. Mr. Alexiades noted that it looks as if ambulance revenues will exceed projected amounts by almost $100,000. On the expenditure side there is nothing particularly unusual. Fire Department overtime is significantly over but the salaries are far below the projected numbers. This is due to the coverage of eleven vacant positions through overtime shifts. The energy cost increases are not factored into the first quarter numbers. The old contract prices for energy were in place for the first two months of the year. Mr. Cristello noted that the legislature will uncap the lottery next fiscal year but this year there is a decrease in net state aid. The MMA is talking about a town circuit breaker for things like extraordinary expenses such as huge snow removal costs.
Update from Recycling Committee
Mr. MacIver explained that it is a continuing goal of the town to bring recycling to the forefront at the transfer station. This does helps for the budget as well as for the environment. One of the biggest problems is the recycling of cardboard. Mr. Stathopoulos explained that for every ton put in recycling it is one less ton the Town has to pay for. The revenue from recyclables cannot be relied upon because of the cyclical nature of the products. One of the biggest comments is the discouragement of people seeing residents ignoring recycling. Mr. Stigliani advised that bulky waste would be accepted on Saturday, November 12 from 8 to 12 noon. There will be a limit of 50 permits issued for bulky waste.
Housing Partnership Update
Mr. O'Brien explained that the committee had been working on the RFP for the Selectmen's parcel. The committee hopes to have the final copy after the November 17 meeting of the partnership. The committee is requesting that the Cantebury Estates funds designated for housing-related issues be directed to a 21 E study of the Selectmen's parcel. Gale Associates has quoted a price of $21,000 for the study. An additional suggestion has been made for a traffic study of the Beal Street development. The Partnership is thinking of a "district" approach that would consider known projects that would be coming down the line, i.e., the train, housing projects, the DPW project. Mr. MacIver commented that the 21 E would benefit the town and would level the playing field between non-profit and for-profit entities. The suggestion of a traffic study is new and the Selectmen would like time to review this. CPC funds had paid for the wetlands to be flagged and $38,000 has paid to create the form A plan. The timeline devised by the Housing Partnership calls for the RFP to be ready for the Board to review after the Committee's November 17 meeting. The RFP should be ready to go out in January.
Discussion of Development Agreement with Hastings LLC
Mr. MacIver outlined the Board's objectives for the evening's discussion. The Board has entered into a negotiation to review the development agreement and plans from the developer. They have identified a few issues that stand in the way of a signed agreement. The problems have crystallized: (1) the discovery of contaminants on property owned by the town and developer; (2) the use and configuration of the dagger at the conclusion of the project and the extent to which the configuration of the dagger conforms to the intent of town meeting; and (3) the issues revolving around the approved density of the project, ground coverage and approved buildable area. Mr. Hastings would like to slightly modify the agreement to allow more first floor area and reduce the second floor area. Mr. Edmundson said he would like to have Mr. Hastings agree that we all know the issues and ideas and then hear from other interested parties. Mr. Hastings said that just prior to 2005 Annual Town Meeting the Board of Selectmen entered into a development agreement anticipating town meeting action. In investigating the land being given by the Town to Hastings Companies it was evident that there was contamination in the form of asbestos covered pipes, debris, buried foundations, etc. Currently the land drains from Beal Street to the river (dagger area). In designing condos there will be a natural basin for drainage. There are two existing drives, sewer manholes, trash, etc. in the dagger area which will be cleaned up and then there will be an easement which would be part of the title on property given to the Town. The site is flat but the area of the dagger undulates and the natural contours cause the land to drain to the river. The landscape architect has created subtle grade changes that would not be visible to the naked eye and would allow for 100% recharge into the aquifer. The land could be developed without grading towards the dagger. If the drainage was changed to head towards Beal Street it might impact dagger area to the point that natural vegetation would die off because water would not be coming into the area. Mr. Hastings said the issue before the selectmen is that they have the right to accept or reject the title with the easement. Mr. Edmundson asked if there was an alternative. Mr. Hastings replied physically yes, would he do it - no. Mr. Swanson advised that the Bare Cove Park Committee reviewed revisions to plan and felt that the changes were benign and would be unnoticeable. If he did it the other way the water would be run into the drainage on Beal Street that goes into the Back River with no treatment at all. Another issue has been raised about the acceptance of the drainage easement in the title. Town Counsel has reviewed the question and said it is not a material change to the town meeting vote. Mr. Hastings explained that his request to change lot coverage was an attempt to work out some type of equitable agreement to cover the cost of the clean up and the deterioration of the real estate market. The 45 units, including the 5 affordable units, are restricted so that first floor can be no more than 4500 sq feet. Mr. Hastings would like to increase the first floor coverage by 5,000 sq ft and to shrink down the second floor. This would permit the master suite to be on the bottom floor. Ms. Murphy explained that the Planning Board was concerned about what the development would look like. Mr. Edmundson asked if there were environmental concerns or is it about the amount of the parcel that would be occupied by the first floor. Mr. McGrath noted that under existing zoning the applicant could build a 45-50,000 sq ft office building. In this particular case, there is not regulation about coverage but more a minimum amount of open space. Mr. McGrath said this is significant because the benefits of this entire project as presented to town meeting are preservation of open space and benefits to the park. The question was raised as to whether this would cause the value scale being put off kilter - should the Town be receiving some value in return. The requested increase would allow 60% of the units to have first floor master suites whereas before it was 50/50, The amount of impervious cover allowed on the site before the development agreement was massively more impervious.
Ms. Murphy identified three options: (1) follow through with the agreement, (2) both walk away and let the agreement unravel, or (3) negotiating on both parts to reach settlement. Ms. Tully recapped saying that the Town has an environmental issue on property that will remain Town property. Mr. Hastings approached the Board saying there was a problem, etc. The issue has been settled. Then Mr. Hasting accommodated us on the field; we could accommodate him on the drainage proposition. The town is getting playing fields cleaned up at no cost, Mr. Hastings is getting drainage and the dagger is not damaged. The Town got what was negotiated for. What remains the request for an additional 5,000 sq ft. The question is "do we want more 1st floor bedrooms in town?" There appears to be a need for that. Mr. Perry commented that there is an agreement in place. The area can be developed without use of the dagger and this revised proposal wasn't what the Town was presented with. Mr. MacIver noted there is a net benefit to the Town that cannot be realized without touching the dagger. The Town meeting vote empowers the Board of Selectmen to act on behalf of the Town. This is all in the terms and conditions of development agreement. The incremental cost to the open space is diminimus.
Mr. Issadore explained that as a result of the inspection the parties negotiated to reach an agreement. Ms. Tully said that at Town Meeting the proposal said a better road into Bare Cove Park, better playing fields, a buffer, etc. Town Meeting voted to forward based on a broad outline of what would be done. The Town now has all this being cleaned up.
The Town is still getting everything it bargained for. Ms. Tully recommended that the project go forward and, as far as the additional 5,000 sq ft, she doesn't see it as a problem. Mr. Edmundson said this is a political process and there are a lot of people who want to make this work. Although the Board may have the right to make these changes, if at the end of the day those who have brought us this far need to have some consensus, he would advocate extending for a couple of more weeks and see if all can find consensus.
Mr. MacIver noted that the Town was initially presented with a drainage plan that almost put this in jeopardy from the beginning. The public process would have to be expected. We are running into deadlines issues: Monday night there is a Planning Board hearing, Thursday there is a Zoning Board Hearing. This deal was not negotiated with the Planning Board. When we go before the Planning Board we should not be in the position to discuss the development agreement. There are questions that need to be answered but they don't appear to be insurmountable
.
Voted - to extend the date by which Hastings LLC has to terminate the development agreement under section 2D until November 16, 2005.
Voted - to sign an employment agreement with Finance Director/Town Accountant Ted Alexiades.
Voted - to submit comments to the MBTA on the Hersey Street Grade Crossing 60% Design Package No. 38.
Voted - appoint Scott A. Tracey a permanent police officer of the Hingham Police Department effective November 14, 2005 subject to the approval of the Department of Personnel Administration, Human Resources Division.
Voted - to grant Request for Counsel as submitted by the Conservation Commission.
Mr. Edmundson recused himself.
Voted - to grant a temporary liquor license to Hingham Nursery School for a fundraiser to be held on November 19, 2005 at Upper Weld Hall, St. John's Church.
Mr. Edmundson rejoined the meeting.
Meeting adjourned 10:55 PM.
Betty Foley, Clerk