October 24, 2006
Regular Session 7:35 pm
Mr. Edmundson, Ms. Tully, Mr. Riley
Mr. Edmundson recused himself.
Ms. Perini advised the Board that she would like to have a two-mile bicycle route for the Kids Pan Mass Challenge. The Police and Fire Departments are working with the organizers of the race to ensure a safe event.
Voted - to support the Pan Mass Challenge Kids ride subject to the approval of police and fire departments.
Mr. Edmundson rejoined the meeting.
Mr. Hersey presented the Board with a deed and pictures that he claimed evidenced encroachment onto the More Brewer Park. He requested that the Board take action Mr. Hersey claimed that the encroachment extended for 10-15 feet into the conservation land.
Public Hearing - Webber Development LLC
Mr. Cassis asked that the Board approve the transfer of a Restaurant Common Victualler All Alcoholic Beverages License to Webber Restaurant Development. Citizens Bank was the secured party on the pledge of the license from Black Fin Chop House and Raw Bar. The bank wishes to transfer the license to the Webber family who currently operates the Gibbet Hill Farm. The Webbers plan to extensively renovate the property. The upstairs will be painted; the bar downstairs will be enlarged; the bathrooms will be made handicap accessible; and there will be a lift to the second floor where there will be private dining rooms. The renovations are expected to cost $1.2 million. The new restaurateurs hope to open around the middle of May.
Voted - to approve the application for transfer of the Restaurant Common Victualler License of Citizens Bank of Massachusetts, as secured party of Chop House Associated Limited Partnership d/b/a Black Fin Chop House and Raw Bar, 1217 Main Street to Webber Restaurant Development, LLC, d/b/a Scarlet Oak Tavern, Thomas A. Totman, Manager. This vote is subject to the approval of the ABCC and the requirements of all Town Boards involved.
Mr. Edmundson noted that there are several liquor licenses for the Shipyard that are not being used; Boston Golf also has a license that has not been used due to the fact that the clubhouse has not yet been constructed. The Aloha Restaurant closed and remained closed for 16 months before the license was called in. Mr. Edmundson asked the members of the Board their feelings regarding the holding a license for a long period. A brief discussion ensued regarding the sale of the business including the transfer of an alcoholic beverages license. It was noted that it seems unusual that something that is an asset of the Town becomes an asset for a business as well. Ms. Tully suggested that perhaps the Board should review the policy regarding the pledge of an alcoholic beverages license to a lender.
Appeal of the Decision of Tree Warden Re: Trees on West Street
Mr. Stigliani explained that the removal of the trees is the result of a filing by CBB. The roadway alignment, which is incidental to the railroad restoration, necessitates the removal of these trees. The trees are located on either side of the Gilmartins' driveway at 6 West Street. One of the trees will be outside the curbing so there is no doubt that the tree must go. The second tree is just inside the curb and could possibly be saved depending upon what happens during the placement of the curb. The possibility of saving one of the trees is remote and it would have to be an onsite decision. Ms. Gilmartin spoke to the beauty and buffer benefits of the trees. Ms. Bewick said one of the things never examined in the Greenbush project was the effect of the loss of trees. Ms. Bewick suggested that by way of mitigation the T should replace the trees with mature trees planted as close to the track as possible. Mr. Edmundson asked Ms. Gilmartin if the replanting of trees in front of their house would be of any help. Mr. Stigliani said he would make the best effort to save one of the trees and, if that is not possible, to replace the trees after consultation with the Gilmartins.
Voted - to uphold the decision of the Tree Warden to remove two public shade trees in front of six West Street.
Public Hearing/Grant of Location to Aquarion Water in the area of 224 Beal Street
Mr. McLellan explained that the request is to tap into the Aquarion line on Beal Street to provide water to the Back River Town Homes and to the sports fields on Beal Street. Mr. Sylvester has given a letter of requirements to the developer. Coler and Colantonio has determined the 8 inch main is sufficient to service both the domestic and fire needs of the townhomes as well as the field house. Aquarion Water will take over the mains when installed. Mr. Margetts explained that Beal Street will have to be closed one lane at a time for approximately a day in order to complete the project. Once the approval is obtained, the main could be installed next week. The water balance plan is pending and the Water Supply Committee will get involved in the plan.
Voted - to approve the petition of Aquarion Water Company for a Grant of Location to install approximately 55 feet of 8-inch water main in the vicinity of 224 Beal Street. The main will originate in the easterly side of Beal Street at an existing 8-inch water main and then continue in a westerly direction where it will proceed into the Back River Town Homes Project. This vote is subject to the Special Provisions of the Department of Public Works.
Shipyard Utilities Issues
Mr. Riley noted that there is a provision in the permit issued by the Board of Appeals that requires existing utilities be placed underground. The area in question is on the north side of Lincoln Street. The poles on the southbound side will remain. Mr. Cook explained that in 2002 when the Shipyard made its application for the permit SeaChain offered to eliminate the overhead utilities on its side of Lincoln Street. The Zoning Board of Appeals incorporated that into the decision. That left the utilities on the south side as was their understanding. Mr. Trendowicz explained that the electrical line currently on the north side of Lincoln Street feeds only the south side of the street. The Shipyard power will come from a new feed that will be underground on the north side of Lincoln Street. Mr. Trendowicz explained that even if the service feed was underground on the north side it would have to go across the street in at least five different locations and then up the pole to feed the various businesses on that side of the street. Mr. Riley has instructed the HMLP to stop all work on the project until this matter is resolved. Mr. Edmundson asked how timely this matter is. Mr. Riley said that although he would like to get this resolved it might be advisable to have a site visit. Mr. Edmundson recommended the debate be discontinued for the evening and a site visit arranged.
Community Preservation Ballot Question
Ms. Reardon said she had worked very hard to pass the CPA question several years ago and the vote before the Town this year is very important. In 2002 the Town did a master plan that addressed land use, growth and development, the need for open space, preservation of historic assets and affordable housing. The adoption of the Community Preservation Act has been of great help to Town in trying to implement that master plan. Ms. Talmage reviewed the particulars of the Community Preservation Act and the revenues and expenditures since the Town adopted the CPA. Cities and towns who have adopted the program automatically receive a proportional share of the state match. The source of the state match is recording fees at the registry of deeds. So far the funds available for match have exceeded the request for funds so Hingham has received a 100% match each year so far. Presently 110 towns have enrolled in the program; 17 towns have the question on the ballot this year; and one town, Hingham, has a question whether to repeal it.
Ms. Talmage explained that the Committee has made the applications are widely available and the criteria are also widely available. The project managers have a hands- on approach. The Committee makes recommendations to Town Meeting and the Town Meeting must approve any funding. The projects have protected open space, historic resources and the provision of affordable housing in the community. Mr. Riley asked if there was a sense of what the Selectmen's role should be in land acquisition. Ms. Talmage explained that many of the land projects originated with the Open Space Acquisition Committee or are brought to the Open Space Acquisition Committee. In the late fall when it appears that the slate of projects is together the CPC meets with the Board of Selectmen. In the past several years there have been executive sessions with the Board of Selectmen about potential real estate transactions. The land has to be for sale or the owner must be willing to be approached. Mrs. Reardon pointed out that there are some properties that are valuable in and of themselves in relation to properties the town already owns. There are properties with conservation restrictions that, although someone cannot actually walk on them, have value because they protect landscapes, streetscapes or abut other conservation properties. Ms. Berry noted that in the case of the property behind 730 Main Street that was acquired as a result of last year's Town Meeting vote land abuts Fulling Mill Pond and is important as a part of the watershed. Mr. Edmundson said it was his experience that as projects became more seriously considered the Selectmen would get briefed and be asked for comment. Mr. Riley asked if one realized that a property was being marketed for development how would the Community Preservation Committee become involved. Anyone can bring forward a project. Mr. Riley said there had been some comment that the discussion this evening could be a one sided forum but he noted that this is an open meeting and anyone is welcome. This forum is the right thing for the town. Mr. Swanson said the Bare Cove Park Committee was very fortunate to be the recipient of a CPA grant that will aid the committee in its goal to return the land to a natural state for the public to enjoy and the increase in wildlife habitat. Mr. Doyle noted that the Town had received state matching funds amounting to 2.5 million dollars. Mr. English said the Harbor Development Committee has been the recipient of CPA grants for Whitney Wharf as well as a second project examining the entire inner harbor area to come up with a master plan. Ms. Talmage noted that the application is published in the paper with companion stories. The application is also available on the website, the library and various town offices. The largest single acquisition to date is the Hatch Dunlap property (17 acres for $900,000). The deadline for applications December 4th.
Mr. Edmundson said that he had supported the Community Preservation Act in 2001 and still does. There are great benefits to the town in terms of open space, historic preservation and affordable housing. The process guarantees a very careful review of the projects and Town Meeting is critical. Ms. Tully said she is very supportive of the program and also feels it is one of the best growth management tools the Town has and it would be foolhardy to turn down matching state funds for these projects. She also remarked that the Town was prescient in 2001 and that the Town has benefited greatly because it was adopted so early. She remarked that one does not have to agree with every single project in order to see the value of this program. Mr. Riley agreed but said he felt the Selectmen should have a greater role in land acquisitions. Mr. Hersey remarked that the Boards who oversee certain conservation properties are not fulfilling their responsibilities.
Voted - the Board of Selectmen recommend a no vote on Question 4 and vote and to keep the Community Preservation Act.
Voted - to authorized Chairman Edmundson to write a letter to the editor of the Hingham Journal on behalf of the Board in support of the Community Preservation Act.
The Board reviewed the progress to date on the goals set for this year.
Mr. Cristello explained that the Town has been pursuing the easement from Boston Golf and the Hillshire Realty Corporation. The agreement is that they will let the Town take the land in order to allow room for a turning lane from Cushing and Whiting Streets. Mr. Cristello remarked that this would, hopefully, take place next construction season. It will be necessary to get permission from one homeowner to make some drainage improvements on her land.
Voted - to sign an Order of Taking and an Agreement for Taking for a parcel of land shown as "Proposed Sidewalk Easement 1034 S. F." on a plan of land entitled "Taking Plan at Whiting Street @ Cushing Street in Hingham, Massachusetts" prepared by Daylor Consulting Group, Inc. and dated February 24, 2006.
Voted - to appoint Ann Manning to the Council on Aging for a three-year term expiring in 2009. Ms. Manning replaces Ann Ryan who has resigned.
Voted - to appoint Brian Willard a special police officer for a one year term.
Voted - to grant a one day liquor license to Crow Point Association for a fundraiser to be held at the Hingham Community Center on November 4, 2006, from 7 PM to midnight.
Voted - to approve the minutes of August 8, 22, September 7 and 19.
Selectmen/Town Administrator's Reports
Ms. Tully reported she had attended a meeting at Aquarion Water Company with a delegation from Kenya. Mr. Cristello explained that he had asked Mr. Stigliani to look into the situation Mr. Hersey had brought up regarding the vehicle with the expired sticker. The vehicle is meant to remain in the DPW yard. Mr. Cristello also reported that there is an ongoing project at Bare Cove Park. In doing this project it was discovered there were some original asbestos roofing tiles scattered in an area. This has been reported to the DEP and has been cordoned off until further investigation has been completed.
The Board voted, by roll call vote, to adjourn to executive session for purpose of discussion of matters related to a possible real estate transaction:
Ms. Tully - yes
Mr. Riley - yes
Mr. Edmundson - yes
Open session adjourned 10:05pm.
Betty Foley, Clerk