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Board of Selectmen - Minutes

August 8, 2006
Regular Session 7:05 pm
Mr. Edmundson, Ms. Tully, Mr. Riley

Voted - to accept the minutes of July 11, 2006 (Mr. Riley and Ms. Tully)

Voted - to accept the minutes of June 5, June 6, June 20, July 3 and July 25, 2006.

Transfer Station Enforcement Regulations
Mr. Sylvester explained the enforcement regulations are necessary to achieve DARP (DEP Approved Recycling Program) status.  This approval is necessary in order to save the town money, etc.  There are three levels of enforcement for transfer facility rules:  the first offense is treated with a friendly reminder and a form; a second offense is dealt with by a violation form and the privilege of using facility will be suspended until the resident/commercial hauler meets with the Superintendent of the Department of Public Works or his designee; and after a third offense privileges are suspended for one year.  These regulations are based on the recommendation of the DEP and have been customized to Hingham.  Mr. Sylvester said that while there are not a lot of violations they do occur on a regular basis.  There will be no additional personnel required to monitor the facility and the enforcement regulations.  The Town will also continue to work on the composting commitment, notifying people of recycling commitments on website and public outreach efforts.  Mr. Edmundson noted the importance of making further progress on the goals of increased recycling.  Mr. Cristello commented on the new signage at the transfer station.  The paper alone that was not recycled in 2005 cost approximately $250,000.

Voted - to adopt the Transfer Station Enforcement Regulations as recommended by the Department of Public Works.

Mr. Cristello advised that Coler & Colantonio had established criteria for the proper application of stop signs, stop lines and crosswalks.  A copy of this will be distributed to the Planning Board for their comments.

Tunnel Cap Guidelines and Uses
Mr. Rabuffo reported that the Development and Industrial Commission had some preliminary discussions with the T and the Commission is recommending changing the use of the right of way from what it used to be to what it should be.  It is felt that this should be a multi-faceted tunnel cap with a 4-5 wide pedestrian-friendly path with four entrances.  There are practical issues that must be considered such as maintenance removal of garbage, etc.  The MBTA will retain ownership of the right of way.  There will be three shafts 10' square and three feet high as well as a 60' high pole for communications in back of Hennessey's.  The T wants two parking spaces for access to the communications pole. 

The Development and Industrial Commission suggested the creation of delivery zones and the discouragement of deliveries on North Street.  The recommendation is that no parking be allowed on the tunnel cap except for emergency vehicles.  Vans and box trucks could enter from southeastern end of the tunnel cap; 18-wheelers will not be permitted on any portion of the tunnel cap.   The Commission felt that the use of dumpsters should be discourage but commented that this is more easily said than done.   Mr. Riley expressed concern about dumpsters in the downtown on the tunnel cap and suggested a separate area such as in back of Walsh and Packard.  He noted that the four restaurants at the Harbor end of North Street share a common dumpster.  Ms. Tully applauded the use of the tunnel cap as something that is inviting.  Having the tunnel cap be a pleasant part of the downtown area is important.  Mr. Edmundson asked what would work best in terms of designating loading zone areas.  Ms. Tully suggested that section of South Street that is one way to its intersection with North Street.  Mr. Brown noted that the Snug and Hennessey's combined have about 28 deliveries per week.  Mr. Brown said that he felt the merchants could work as a team and reach a solution for dealing with refuse.  Ms. Sullivan strongly supported the banning of deliveries on North Street.  Mr. Cristello suggested the tunnel cap plan be submitted to the T for approval.


Voted - to adopt the Tunnel Cap Guidelines as recommended by the Development and Industrial Commission.

Lincoln Maritime Lease
Mr. Edmundson said that time had been taken to clarify the language on the non exclusive use of the wharf, the length of the leases and the compensation.  Mr. Riley explained that he had met with Mr. Cataldo, reviewed the Lincoln Maritime tax returns and asked for a timeframe that was more in keeping with the long-term plan for the harbor.  Ms. Tully said she is in full support and feels the improvements are more than adequate compensation for the use of the wharves.  The negotiated change is fine with Mr. Edmundson.

Voted - to sign a non-exclusive lease with Lincoln Maritime Center for the property known as Barnes Wharf for a term of five years.

Voted - to sign a non-exclusive lease with Lincoln Maritime Center for the property known as Steamboat Wharf for a term of five years.

Amending Traffic Rules and Regulations
Ms. Tully explained that there had been discussion that once the construction was done the intersection of Main and South Streets will be a three way stop.


Voted - to amend the Traffic Rules and Regulations of the Town of Hingham, adopted by the Selectmen on May 31, 1939 and subsequent amendments thereto, as follows:
     STOP SIGNS

 Street Stopped             At Intersection of             In Direction of

 Main Street                  South Street                     Northerly
 Main Street                  South Street                     Southerly
 South Street                 Main Street                      Easterly

 The above stop signs will make this intersection a 3-way stop.

The Board will send a thank you letter to Senator Hedlund and Representative Bradley for their efforts in securing funds for the Town of Hingham in the FY2006 supplemental budget.  These monies include:  $900,000 in additional local aid/school aid for FY2007; $250,000 for the maintenance of a linked trail system for local and state parks along the Back River; $260,000 for the Hingham Harbor dredging program; and $100,000 for assistance to Hingham downtown merchants to offset losses from the Verizon telephone outage.

Voted - to send a letter of thanks to Senator Robert Hedlund and Representative Garrett Bradley for their exceptional work for the Town of Hingham on the FY2007 state budget.

Voted - to appoint Ann Ryan to the Council on Aging for a three-year term.
 
Voted - to appoint Virginia Winslow to the Bare Cove Park Committee for a three-year term.

Voted -  to appoint Helen O'Meara to the Council on Aging for a three-year term.

Voted - to appoint William Fideli to the Housing Partnership Committee for a term expiring in 2008.

Voted- to grant a one day liquor license to Holy Mary of the Light Festival c/o Sergio Pungitore, for their annual picnic to be held on September 3, 2006 at Barbuto's Grove, Oak St. from 1 PM to 9 PM.  (Raindate September 4)

Hingham Shipyard Update
Mr. Sklar of Samuels and Associates said that nothing has been filed at this point and Samuels is working on changes to the plans to respond to the issues raised relative to view corridors, buildings, etc.  The group has had a follow up meeting with the Planning Board regarding the proposed cinema and the scale as opposed to specific cinemas on the South Shore.  The cinema is an important leisure use and would add to the balance of certain types of shopping that would occur in early evening and entertainment.  Mashpee Commons has office and retail space as well as a cinema. The including of cinemas in mixed-use developments is commonplace.  Ms. Tully commented that when the Randolph cinemas opened up there were terrific traffic jams and asked what the impact of a 1000 seat cinema would be.   Mr. Cook responded that no traffic studies had been done yet but the traffic would generated at a time when there is not a lot of traffic on Route 3A.  The original traffic studies were done on the entire development program, the commuter boat, etc.  Mr. Scott of Patriot Cinemas advised that at least 8 screens were necessary to keep a theater viable.  Mr. Riley asked Mr. Sklar what reaction he had received from the Planning Board last night.  There was clear feedback from the Planning Board concerning the size and character of the theater.  It is Samuels' goal to be filing a formal application soon.  They said the theater adds a component that solidifies this for leisure time activities.  The coastal location is a wonderful draw for residential but the models have shown less draw for businesses because there is only half a circle.  The quality tenants are difficult to come by.   Mr. Gibbs asked what would happen to the building and how it would affect the village if the theatre were to fail for whatever reason.  Theatres are made with flat floors and the stadium component added later so it can be re-done easily.  Mr. Cullings questioned how the theater, traffic and commuter boat work simultaneously: the early movie at 7 is at about the same time when a commuter boat is arriving every 15 minutes with people coming to pick commuters up, etc.  Mr. Sklar said that New England is last in line to get a wave of development for a new town center type of development.  Mr. Edmundson commented that he felt that he learned a lot more this evening but didn't learn anything that changes his opinion about the cinema.  The examples used are places that don't have their own downtown, unlike Hingham.  He also expressed concern about the integration on a commercial development with cinema and residential.  Mr. Edmundson also expressed continued concerns about the view corridors and the number of restaurants and the square footage of restaurants.  Mr. Riley agreed with Mr. Edmundson and, although he would be willing to learn more about it, said the consensus seems to be against a cinema.   Ms. Tully said the retail circle resonated with her - a 180 degrees is more difficult than 360 degrees.  She said the mail is running 100% against the cinema but she is becoming more receptive.

Hersey House Presentation
Mr. Hastings said he had appeared before the Historic Districts in order to give them a sense of what was being proposed.  Mr. Richardson found that Hersey House in its present state was changed to a Greek Revival about 100 years ago.  In the restoration it would make sense to maintain that Greek Revival look.  Historically, between the current Hersey House and the church on the corner of Thaxter Street there was a structure called the Thaxter House.  Mr. Hastings' plan calls for a very small ¾ colonial to be between the Hersey House and the church.  This would, in his opinion, give visual relief between the North Street streetscape and the new village in back of Hersey House.  Mr. Hastings said the Hersey House is in a very rapid state of decline and needs to be relocated to a new foundation. His present plan calls for 13 market rate units, 5 affordable units, one ¾ colonial and the Hersey House for a total of 20.

Mr. Hastings noted that the developer of any 40B is limited to a 20% profit by law.  Given the desirability of the location and the value of the restored Hersey House, he said it is entirely possible that the return would be far in excess of 20%.   Ms. Tully said she would like a summary of what the Historic District Commission thought of the proposal. 

Ms. Young noted that the comments made by the board members were made keeping in mind that this was a 40B.  The feeling was that the Hersey House should be moved to a new foundation.  Secondly, some liked the idea of the ¾ colonial - others weren't sure.  A couple of members were concerned about the loss of the estate-like setting of the Hersey House if the new house was built.  Everyone on the Commission is concerned that it be restored accurately to reflect its current style.  Mr. Riley suggested that the Town require a letter from DHCD that the units would indeed qualify as affordable before moving forward.   Mr. Cristello noted that it was DHCD's recommendation to use federal funds to get beyond the 151 b program.  Mr. Hastings agreed to seek a letter from the Department of Housing and Community Development.  

Residents questioned the impact on abutters and the streetscape.  Concerns were expressed regarding the moving of Hersey House, the emergency access to Hersey Field and the number of units planned for the area in back of Hersey House. Mr. Edmundson responded to concerns regarding the economic impact of residents selling homes to move to Hersey House saying that these impacts on the town were considered.  The Town has given the authority, the selectmen have voted, there is a purchase and sale agreement in place.  Mr. Edmundson defined the options as (1) to move the Hersey House or require that it stay where it is and (2) to allow a second single-family house to the left of Hersey House or not.  Mr. Riley expressed opposition to moving Hersey House.  Mr. Edmundson noted that the Historic District Commission did not seem to be really opposed to moving it.  He said he would continue to talk to people around town to get their opinions.  Mr. Riley expressed concern about the density.  Mr. Edmundson noted that the original proposal was for up to 21 units.  There are now 18 in the back.  Ms. Tully agreed that 18 units was not a problem. 

Voted - to sign the deed for a parcel of land as shown as Parcel A on a plan entitled "Approval Not Required Plan of Land 224 Beal Street, Hingham, MA 02043" dated June 21, 2005 prepared by Coler and Colantonio recorded with Plymouth County Registry of Deeds in Plan Book 50, Pages 182-183.

Voted - to sign a Declaration of Restrictions on a parcel of 2.48 acres shown as Lot C on a plan entitled "Proposed Zoning Plan of Land" prepared by Coler & Colantonio dated March 14, 2005 and revised March 28, 2005.

Voted - to sign an easement agreement with Back River LLC covering the land shown on a plan entitled "Easement Plan 224 Beal Street, Hingham, MA 02043" prepared by Coler & Colantonio dated July 25, 2006.

Ms. Tully reported that Ms. Sherwood has been chairing the Central Fire Station Building Committee for the past year and half but personal obligation require that she step down as chairman.  Ms. Ferrante has agreed to step in and carry the ball over the finish line.

Voted - to appoint Alison Ferrante as chair of the Central Fire Station Building Committee.

Voted - to loan the 1942 Torrent Firehouse Sign, on a permanent loan status, to the Bare Cove Fire Museum.

Voted - to grant Request for Counsel as submitted by the Fire Chief.

Voted - to grant Request for Counsel as submitted by the Police Chief.

Selectmen/Town Administrator's Reports
Ms. Ferrante and Paul Murphy were in this week to discuss the Central Fire Station plans.  The drawings are available and the pre-bid walk though is August 16.  Filed sub bids are due September 6.  Mr. Murphy felt there was a strong indication that there would be a lot of competition.  The general contractor bids are due September 20.  Ms. Tully noted that there is the potential for a special town meeting to be held October 16 if additional funds are needed based on the fire station bids.   Mr. Riley reported that he had attended the Aquarion Water celebration last week and the demolition celebration at the shipyard this morning. 

Voted - by roll call vote, to adjourn to executive session to discuss matters related to real estate and not to return to open session this evening.

Ms. Tully - yes
Mr. Riley - yes
Mr. Edmundson - yes

Open session adjourned 11:10pm.

Betty Foley
Clerk