February 14, 2006
Regular Session 7:35 PM
Mr. MacIver, Ms. Tully, Mr. Edmundson
Voted - to approve the minutes of January 12, 19, 24 and February 7, 2006.
Public Hearing - Transfer of All Alcoholic Beverages Common Victualler License
Representatives of Asian Fusion explained that they plan to operate a restaurant in the former Red Sauce location. The menu will feature both Chinese and Japanese cuisine including a sushi bar. Mr. Chen said he has operated two restaurants and is part owner of a Japanese steakhouse in Framingham. The owners of the restaurant will be the same five business partners who are currently operating the Japanese steakhouse. All are certified in the proper service of alcoholic beverages. The storage and handling of alcohol will remain the same as it was under the previous ownership. There have been no violations at the other restaurant. The hours of operation will be 11 am -10 pm on weekdays, 11-11 on Saturday and 12 noon -11 pm on Sunday. The kitchen will be updated to meet the needs of Asian Cuisine and there will be a sushi bar added. The staff will consist of 8 in the kitchen, one manager, one assistant manager, a hostess and six servers. Mr. Chen said that they hope to open in April.
Voted - to approve the request to transfer the Restaurant Common Victualler All Alcoholic Beverages License from Naked Fish Restaurants, Inc., d/b/a Red Sauce, 48 Whiting Street, Aldo Zegarelli, Manager to Asian Fusion Inc., d/b/a Asian C, Shun Li Chen, Manager, subject to the approval of all Town Boards, and the Alcoholic Beverages Control Commission.
Capital Outlay Report and Recommendations
Mr. Mooradian presented the Capital plan and the committee's recommendations. The Board noted that these have been difficult capital years. With the reductions in state aid it is the capital accounts that get hit. The Selectmen will take the recommendations under advisement and discuss them at a later meeting.
Housing Partnership RFP
This is the culmination of a long process. Mr. MacIver explained that there have been many factors considered and the RFP is now ready for the Selectmen to review and to send it out to the marketplace for a developer for the parcel.
Voted - to approve the request for proposals for the Selectmen's parcel on Beal Street as drafted by the Housing Partnership.
Mr. MacIver reported that the Historical Commission suggested that the Selectmen include a goal for preservation as one of their objectives. Virgnia Tay, a member of the commission, suggested that the board assigned a strong priority to development while, in actuality, the goals include many things other than development. Mr. MacIver explained that the board is not assigning a priority to development in its goals but many of the goals are pointing toward mitigating the impacts of development. The Commission has been invited to a meeting some time in the future. Ms. Tully said that her suspicion is that the letter was in response to the mailing sent out with the tax bill rather than the goals that were actually set last May. The goal process is a public meeting and the commissions are invited to attend. Mr. Edmundson remarked that the goals are about things that need to change. The Board does not reiterate the things that are important to us all the time such as the protection of the harbor, rivers, etc.
Voted - to send a letter to the Historical Commission in response to their suggestion that the Selectmen include as one of their objectives a goal regarding the importance of preservation in the town.
Hersey House
There is a proposed agreement would allow for the cessation of litigation regarding the Hersey House. This agreement is a means of facilitating the settlement between those two parties. The compromise does involve the cooperation of the town. The town would sell the landlocked parcel behind the former Colantonio house. Town meeting would still get a chance to give a thumbs up or down on the agreement to move forward with the project. This agreement is just a step in the process to get to town meeting and get the deal back on track.
Voted - to sign an agreement with Hastings Properties and Kimberly and John McDowell regarding the cessation of litigation activities and the extension of all litigation deadlines regarding the property formerly known as Parcel 144 on Assessors' Map 60.
Housing Authority Affordable Housing Project
Susan Connolly asked that the Selectmen recommend the removal of a use restriction on the deed to the Housing Authority property. The 30 year right of reverter expired on the property in the former naval ammunition depot in 2003. The right of termination remains with the Board of Selectmen to 2029. When the town deeded the land to the housing authority they started the clock over again. It is within the power of town meeting to remove the restrictions.
The land has been surveyed; the wetlands have been flagged.; and the 100 Beal Street property has been subdivided. The Conservation Commission has reviewed the plan. Community meetings will begin in March and the Housing Partnership and the Housing Authority will be meeting shortly. Ms. Burns asked if it was necessary to have town meeting vote to remove the restriction and if so, does it require a simple majority or a two thirds vote for the property interest.
Voted - to support the warrant article to remove the use restriction on property deeded to the Housing Authority.
Warrant Articles
Mr. Partridge explained that under state statute the deferral of real estate taxes for qualified elderly residents is allowed. The deferral may be paid off at any time or at the time of the sale of the property. The interest rate has been set at 8% for many years. This year the legislature passed a regulation allowing the town to set the rate. Since the citizens who are having difficulty meeting the tax bills are very low income, the Board of Assessors would like to put an article before town meeting to reduce the rate to a lower level. The Assessors are recommending 4%. Mr. Edmundson remarked that 4% seems a little on the edge. He noted that there should not be a situation where people are being punished but neither should the town provide an incentive for people to defer. Mr. Partridge said the rate can be structured in many different ways. The 4% rate was suggested because it was felt that it could go back to town meeting if there were a significant change in rates. Ms. Tully agreed that it would be good to tie it to something that reflects market conditions and eliminate the need to return to town meeting each year. Mr. Edmundson said it is necessary to change it often enough that there are no bad incentives but there should be some easy to figure rate, He suggested the Assessors attempt to find a way to take the market into account.
The second warrant article submitted by the Board of Assessors concerns an adjustment of asset and income limits for married couples. The Town Meeting last year made changes to the single asset and income limits but did not make corresponding changes for the married couples. The limits for singles are currently at the maximum by law. The Assessors suggest that the limits for married couples be raised to the maximum allowed by law.
Voted - to support the article to allow a change in the income and asset levels for married couples qualifying for real estate tax exemptions.
The third article submitted by the Assessors pertains to the CAMA program currently used by the Assessors' office. Several years ago the DOR put together 79 towns in a municipal agreement for this software. If the Assessors wish to continue with the program currently being used it is necessary to renew out agreement. Mr. Partridge said the program has been serving the town well for a number of years and there is no reason to change at this time.
Voted - to support the article to extend the intermunicipal agreement for software for the Assessors' Office.
Mr. Cristello advised that the Board of Health has submitted an article that would allow the town to enter into an intermunicipal agreement to provide assistance to area towns in case of necessity. This provides a framework for providing this type of service which has been done on an informal basis up to this point.
Voted - to support the Board of Health entering into an intermunicipal agreement for providing assistance to neighboring towns.
Sidewalk Clearing By-law
Ms. Tully explained that this proposed by-law is an outcome of the discussion at the State of the Town about sidewalk clearing issues. The town owns two sidewalk clearing machines. The proposed by-law is a recognition that these resources cannot always be deployed right after a snow storm. It would be prudent to ask business owners to clean the sidewalks in front of their places of business. Ms. Tully noted that the State of the Town Forum was more about residential sidewalks. This addresses the issue more in the terms of business and industrial. Dawn Sibor forwarded the Town of Brookline's by law about the clearing of sidewalks and the proposed by-law was modeled on that. It would be nice to be able to provide a list of those people who would be available for hire to clear sidewalks. Ms. Sneath remarked that it is hard to legislate a change of culture - the article raises more questions than solutions. There are residences in the business and industrial district. She recommended that this not be a warrant article but that the effort be made for a change of culture. Mr. Edmundson noted that there are no penalties attached to this. What the by-law tries to do is to send a message out that it is important to clear sidewalks. The Board took the matter under consideration and in order to get more data and more opinions from the public.
Street Acceptance - Brewer Way and Olmsted Drive
Mr. Price of 4 Olmsted Drive remarked that the feedback regarding street acceptance has not been particularly positive to date. The residents of the streets did review the old conditions list. Drainage and easement issues need to be dealt with but there are questions as to whether there is any room to alter the prior decisions. Ms. Tully noted that the waivers of requirements that would have been necessary many years ago would be the same today. There has been significant Planning Board input as well as input from the engineer for the Hingham Municipal Light Plant. Mr. Healey said that this is the third time that he has had to address this issue. At the time the subdivision was being built the applicant made a representation that, in exchange for some relief from the Planning Board, the road would always remain private. This is expressly contained in the deeds. Mr. Healey stressed the implications of relaxing these limitations would be a bad omen. Many of the subdivisions the Planning Board addresses require an affirmation from the developer as to whether it will remain private or become public. If the roadway was to remain private and certain concessions were made because of that it is difficult to revisit that later. Residents asked if the streets were changed to conform, as much as can be changed, could they get relief? The Board relies on the Planning Board to advise whether the streets will conform. Mr. Smith said the neighborhood came asking for a snow plow and the Selectmen said no. Can a creative solution be found? Ms. Tully said the "creative solution" may be semantics. What the Board is looking at is what is it about his roadway that makes it different from roads that have town approval. If the rules had changed enough in the past twenty years then the Board could have considered it but there have not been significant changes. Mr. Murphy said he was instructed to go down
and talk to the Planning Board but felt there was no room for discussion. He argued that the curves are not significant and the width of the roadway should not be problematic. Mr. Healey explained that the Planning Board has certain responsibilities and that the neighborhood was a very difficult subdivision to build. Everyone knew the roadway was private. The integrity of the decision has to be respected. Mr. Healey expressed the Planning Board's concern that a representation is made that a roadway will always remain private and then some years later the residents want acceptance.
Voted - to proclaim March as Red Cross Month.
Selectmen/Town Administrator's Reports
Ms. Tully said there has been discussion of changing overnight parking rules downtown. Parking would be allowed in the Station Street lot by permit only. Residents within the overlay district who do not have on site parking would be eligible for permits. There would be a fee associated with the permit. Mr. Edmundson reported that he had followed up with Light Board. They indicated that they had not seen the letter so the letter has been resent and they will take it up on the meeting of March 6. Mr. MacIver will attend the MAPC Meeting which will be the second phase of process and assessment of where we are in terms of growth. Mr. Cristello noted that although the town is currently in the TIP for 2007 there is a possibility that the project will be bumped since the 2006 TIP had to be reduced because of the amount of aid available.
Meeting adjourned 10:05PM.
Betty Foley