July 11, 2006
Regular Session 7:35 PM
Ms. Tully, Mr. Riley
Ms. Sibor advised the Board that she and many of her neighbors are very concerned about the issues at 1150 Main Street. She said that the neighborhood is looking to the Selectmen for guidance.
Dr. Fernandes explained that in 2002 the Coreys built a new home on two acres of the 16-acre property located at 1150 Main Street. The Coreys then asked permission to build a barn in the wetlands. A six-stall barn was then constructed under a special permit issued with conditions that they comply with Board of Health and Conservation Commission orders. Dr. Fernandes remarked that none of these conditions have been met. The Coreys then proceeded to demolish greenhouse and build a farm utility building. The building permit was issued for a utility building - it now contains stalls. Dr. Fernandes noted that yet another building was converted to stable use. It was also noted that the first structure was supposedly for personal use and the use of the second building is a change from what was originally presented. According to the information the neighbors have received, a riding stable is exempt from zoning if on five acres or more.
The riding facility is in the aquifer zone and horse droppings were being dumped in the area. There have been months of hearings based upon the Notice of Intent filed by the Coreys. The Conservation Commission's Order of Conditions instructed that paddocks be removed from wetlands and the wetlands re-vegetated. Once the Order of Conditions was issued and the Coreys appealed to the DEP. The DEP has made several site visits and is about to issue a superseding order. Dr. Fernandes noted that the Health Officer had advised there is a health regulation on the books limiting the number of horses to 10. The Coreys have 17 horses. The Board of Health tested the stream, found a very high coli form count and subsequently mandated a dumpster on site for disposal of manure. The Conservation Commission approved house and barn only. The neighbors advised the Board that the Coreys have plans to build an indoor riding arena and lighted riding arena. They also noted that the website says the riding academy is adjacent to 400 acres of town land that can be used for riding.
The abutters agreed that the stable has a right to exist under the state agricultural regulations. However, wetlands should be protected and reconstructed. Abutters also noted that the Coreys are breeding horses at their location. The Coreys claim the agribusiness state law supersedes town regulations. Mr. Prentiss said the state guidelines are more stringent than the order issued by the Conservation Commission and it would be unique if DEP went against its own guidelines. Orders of Conditions can only be overturned in court. The Board of Health has autonomy in the town and it cannot be overturned by the state.
Ms. Power remarked that an appropriately sized well-managed operation could have a positive influence on the neighborhood. The neighbors would hope that this could be done in a way compatible with a residential neighborhood. She said this is a complex issue - it is new and agribusiness will take time for the boards. The operations are not complying with the way business is done in Hingham. They are not complying with the Building Department, Board of Health or Conservation Commission. Ms. Power said it is easier to ask forgiveness than permission. Town boards have tried to work with the Coreys and reach a win-win solution. She urged that everyone be careful that the integrity of the process and the integrity of the boards are supported and to consider when it is an appropriate time and circumstance to penalize the owners for not being in compliance. Dr. Fernandes made three suggestions: (1) that the town make a formal complaint to the state Department of Agricultural Resources and request the Carousel Academy license be suspended until it complies with local boards; (2) enforce town regulations; and (3) coordinate a town response and provide support in dealing with the issue. The Board said Mr. Cristello would contact town counsel about numbers 1 and 2 to see what can be done. The Board will take the matter under advisement and consult with town counsel.
Voted - That the Board of Selectmen, pursuant to Massachusetts General Laws Chapter 40 Section 8C, herewith approve the acquisition of the following gifts of land by the Conservation Commission for conservation purposes:
Parcel Donor
351 Gardner Street, Hingham Paul G. Hughes
27 Winfield Road, Hingham
26 Harvest Lane, Hingham
4 Woodbridge Road, Hingham Seven Kress Farm Realty Trust Joseph R. Kennedy, Trustee
45 New Bridge Street, Hingham Estate of Gertrude M. Higgins
Voted - to grant the House of Prayer Lutheran Church a one-day liquor license for September 30 and October 1, 2006, for their Annual Oktoberfest.
Voted - to grant a temporary liquor license to the Panagia Greek Orthodox Church for Taverna 2006 to be held July 14, 15 and 16 at Glastonbury Abbey.
Voted - to appoint Mathew E. MacIver as Representative to the South Shore Coalition for a term expiring in 2009.
Voted - to appoint Mathew E. MacIver as Representative to the Metropoltan Area Planning Council to fill an unexpired term ending in 2008.
Voted - to appoint Eugene Babin as a member of the Conservation Commission for a term expiring in 2009.
Voted - to appoint Richard Morgan a member of the Commission on Disability Issues for a term expiring in 2009.
Selectmen/Town Administrator's Reports
Mr. Riley met with representatives of the shipyard and Samuels Associates to discuss the project in general and what might be expected from them for the Town. Samuels will spend this month speaking to people in town and trying to do a better job reaching out to people. Mr. Riley said he had spoken to representatives of Samuels concerning reservations about the cinema. They said there is a need for a draw to get people up Shipyard Drive. Samuels will return in August to discuss matters further before filing plans in late August or early September. Ms. Tully reported that she had a meeting with Mr. Murphy, Ms. Port, Ms. Sherwood, Mr. Seelen, Mr. Cristello and Mr. Alexiades about the Central Fire Station project. The estimate is the bids will be between $1.1 and $1.4 more than originally estimated. This is largely due to delay and some requirements by the Historic Districts Commission. She noted that this probably means a special town meeting once bids are open. Mr. Cristello advised that Representative Bradley reported that the money for dredging survived the Governor's veto. The Town can begin the process with Waterways and get started. It will be necessary to argue for full funding in the next budget. Mr. Cristello also noted that the Department of PublicWorks will be holding a bulky waste Saturday collection this weekend.
Meeting adjourned 8:40 pm.
Betty Foley, Clerk