Back to Board of Selectmen Meeting Minutes 2008

Board of Selectmen - Meeting Minutes

March 18, 2008
Regular Session 7:45 pm
Ms. Tully, Mr. Riley, Ms. Burns

Public Hearing – Asian C Restaurant
The owner of Asian C requested an entertainment license for the hours of 8-12 on Thursday through Saturday evenings. The music would be light – pops, R& B, jazz. The restaurant has had no infractions relative to its liquor license. Mr. Kwong, an abutter to the restaurant, said there are three houses that back up to the restaurant and he expressed concern that there maybe some noise spillover to the residential neighborhood especially during the summer months. Ms. Coyle, also an abutter, asked that the restaurant keep things quiet, particularly in the parking lot. Mr. Lui agreed to do everything possible to keep things quiet.

Voted - to grant a Weekday Entertainment License to Asian C Restaurant for the hours of 8 pm to 12 Midnight on Thursday, Friday and Saturday evenings.

Warrant Article re: 40R
Ms. Burns explained that normally the Planning Board makes its recommendation to the Advisory Committee. In the article there is provision for a town board to review the project and apply the previously approved design standards. The board was to consist of a member of the Board of Selectmen and a member of the Planning Board and a member of the Zoning Board of Appeals. The Planning Board suggested that the board consist of the entire Planning Board and the entire ZBA instead as is currently done with large projects. The proposed change will keep things consistent with the way they are being done now. Mr. Riley agreed that there is a fair amount of oversight and that this is a good change for the town.

Voted - to recommend the revised 40R Warrant article as written.

Public Hearing – Sons of Italy Change of Manager
Mr. Gondveer, the proposed new manager of the Sons of Italy Lodge No. 1850, explained that he has worked for Burke Distributing Company and is in the process of arranging for TIPS training. There have been no infractions at the Sons of Italy. Mr Gondveer will advise the Selectmen’s Office when TIPS training is completed.

Voted - to approve the request of South Shore Lodge No. 1850, Sons of Italy in America to change the manger for their Club Common Victualler All Alcoholic Beverages License to Eric P. Gondveer, subject to the approval of the ABCC.

Public Hearing – 99 Restaurant Change of Manager
Ms. Masure , the proposed new manager of the 99, explained that she has been TIPS trained and that all hourly employees for the 99 are required to be TIPS trained. The training is updated annually.

Voted - to approve the request of O’Charley’s Inc. d/b/a 99 Restaurant & Pub to change the manager for their Restaurant Common Victualler All Alcoholic Beverages License to Teresa M. Masure, subject to the approval of the ABCC.

Mr. Riley recused himself from the meeting.

Ms. Tully explained that Mr. Deittrich, Mr. Walker and Ms. Walker purchased the former Settles Glass property. They then approached the Town about purchasing a portion of the town layout to add to the property. The area in question is approximately 3000 square feet. This proposal was of interest to the Town because they are in the process of preparing to repave North Street and tighten up the corner of North and Station Streets. The designer was asked to design something that could accommodate large trucks and

allow for right and left turns. The design allows for a U-turn around the island on Station Street. Ms. Burns said that she felt that this would meet the desires of the HDIC to tie both ends of North Street together. She also noted that this puts some land back on the tax rolls.

Voted - to support the warrant article to discontinue a portion of the public way that abuts the east side of Station Street and the south side of North Street at the intersection of North and Station Streets.

Mr. Riley rejoined the meeting

Community Preservation Articles
Mr. Edmundson said that Harbor Development Committee had originally proposed a bridge for pedestrian access around the inner harbor. The current proposal is for a walking bridge adjacent to the existing abutment. The CPC recommends reallocating the funds originally committed to the bridge to Whitney Wharf for the creation of a walking bridge. The money will be used to do the engineering studies. It is expected that the actual cost of the bridge would be a six figure amount.

Voted - to recommend the transfer of $50,000 of unspent funds from Community Preservation funds previously appropriated at ATM 2003, art.21 to the Community Preservation Fund Open Space Reserve for a pre-engineering study, final design, and preparation of construction drawings and construction cost estimates to build a Mill Pond Outfall Crossing to enhance pedestrian access along the inner shoreline

The Amonte property is a 3.3 acre parcel on Rockland Street. It is a prime site on the Weir River that would allow for the building of a single house and does have a sewer connection. The purchase of this property was recommended by the Open Space Committee; the Conservation Commission also supports the acquisition. The transfer of the property is subject to a review of any environmental hazards prior to the closing. Ms. Burns said it seems to be the type of property that we would like to use Community Preservation Open Space funds for. Ms. Burns suggested that the possibility of hiring a contractor to do the clean up should be investigated. Mr. Riley agreed that it is a beautiful piece of property. He is of the opinion that the DPW could do the clean up on a rainy day.

Voted - to recommend that the Town appropriate the sum of $492,500 from the Community Preservation Open Space Reserve for the purchase of Lot 6 on Assessors’ Map 42, known as 144 Rockland Street, consisting of approximately 3.3 acres.

Conservation By-Law Article
Ms. Tully explained that the changes in the Conservation By-law would bring it into compliance with the state Wetlands Act and protect vernal pools. The changes would also allow the Commission to assess fines. Other communities in the area have done this and found that allowing the Commission to assess fines permits some follow up of those violating the by law. The contractor and homeowners are called to show cause hearings in case of violations.

Voted - to support the revised conservation by-law warrant article as written.

Otis Street Warrant Article
Mr. Cristello reported that at this time there is no proponent for the petition article.

Voted - to recommend no action of the 3 Otis Street warrant article

OPEB Funding
Ms. Burns noted that the Town has a huge liability for healthcare benefits for retirees that is currently unfounded. The proposed article would begin to fund that liability. Mr. Cristello explained that with all the other demands for funds an appropriation of $300,000
is recommended this year.

Voted - to support the warrant article to fund the Other Post Employment Benefits Trust with an appropriation of $300,000 from available reserves.

Reserve Fund
The Reserve Fund for the current fiscal year does not contain sufficient funds to cover the
hih snow and ice expense this winter. Mr. Cristello recommended that funds be transferred to the current year’s Reserve Fund.

Voted - to support the warrant article to transfer $200,000 to the FY08 Reserve Fund.

The Board discussed the article which would allow those businesses with a Common Victualler Wine and Malt Beverages License to also sell liqueurs by acceptance of Chapter 481 of the Acts of 1993.

Voted - to support the warrant article to accept Chapter 481 of the Acts of 1993.

During the permitting process for the new DPW facility it was discovered that there were not sufficient addresses on Fort Hill Street to give the new DPW BUILDING as well as the existing area buildings an appropriate address. It was suggested that the name Bare Cove Park Drive be given the roadway running off Fort Hill Street toward the DPW facility. Mr. Clough of the Bare Cove Park Committee said that the comments so far have been quite positive and it will bring the notice of the park out to Fort Hill Street.

Voted - to give the name Bare Cove Park Drive to the roadway extending from Fort Hill Street into the Park.

Mr. Riley recused himself.

The Zoning Board of Appeals sent a copy of the Newcastle Ridge proposal for the development of 36 units of housing in a single building on Ward Street. The building would contain four residential floors with underground parking. Ms. Burns said that the building would look wonderful at the Shipyard or in Cambridge. She expressed concern because Ward Street is still quite rural and to see this building would cause people to say “how did this get here?” She said that Ward Street is the wrong place for this type of building. The Zoning Board of Appeals had some concerns and asked them to go back and look at this. Ms. Burns noted that she did not believe there has ever been a denial of a 40 B in Hingham. It is the Town’s position that the 10% for affordable housing has been exceeded. Under a new court decision, once the 10% is met, a town can look at a project and see if it meets local needs. Ms. Burns said this proposal would materially detract from the character of Ward Street. She recommended that the Board ask the ZBA to deny the comprehensive permit request. Ms. Tully commented that the building would be the length of a football field.

Voted - that the Board of Selectmen will ask the Zoning Board of Appeals to take immediate action to deny the comprehensive permit request for the “Newcastle Ridge” 40B condominium project on Ward Street because the project does not meet local needs.

Mr. Riley rejoined the meeting.

Mr. Cristello Plymouth County Health Group would give way to a new group effective July 1. The Selectmen have to execute the agreement to join the group and appoint a regular and alternate representative to the Plymouth County Group Health Care Plan.

Voted - that the Town of Hingham signify its decision to join the Plymouth County Health Group by the Boards execution of the Plymouth County Health Group Agreement for Joint Negotiation and purchase of Medical, Dental and Life Insurance Coverages.

Voted - to appoint Charles Cristello the representative to the Plymouth County Group Health Care Plan.

Voted - to appoint Betty Foley the alternate representative to the Plymouth County Group Health Care Plan.

Parking in the Merchants Lot
There has been a request to limit the parking in the Merchants Lot to 2 hours. Those spots are reserved for those down in the area for relative short amounts of time. Ms. Burns asked where someone could park if he or she were going to be in the Square for more than two hours. Mr. Cristello said longer term parking is available on Elm Street and Station Street. The Traffic Committee is looking at certain other locations that might permit extended parking hours. Mr. Riley said he was at the Traffic Committee meeting when this was discussed and he supports this measure. Ms. Burns said she would prefer to see this come up in a package where you could see the impact in other areas. Mr. Cristello said that the overall thrust has always been to allow merchants in that area and they will have stickers. For the most part, the lot will function the way it does now. He reported that Mr. O’Neill who represents the Selenkow family, the owners of the lot, was very much in favor of this. The Board took this under advisement and will discuss if at the April 1st meeting.

Voted - to recommend a debt service budget of $5,165,320

Voted - to recommend a Retirement budget of $2,824,348

Voted - to recommend a Workers Compensation $300,000

Voted - to recommend a reduction of the previously voted Article 4 by $100,000.

Mr. Cristello noted that the Office of Environmental Affairs has not paid a lot of attention to the issues raised in the letter re: the Naval Air Station project change. The letter he suggests the Board send requests again that they look at the impacts on Abington St and other area roads such as Exit 15.

Voted - to send a letter to Sec. Ian Bowles regarding the South Weymouth Naval Air Station Notice of Project Change.

Mr. Cristello reported that he has confirmed that the design money is still available for redesign of the Exit 15 interchange.

Voted - to advise the DPU that the Board does not support of the Hingham Light Plant’s request to transfer surplus pension funds from the Town’s General Fund to the Hingham Municipal Light Plant Depreciation Account.

Voted - to appoint Leslie Badger Inspector of Animals for the year May 1, 2008 through April 30, 2009.

Voted - to grant a Special Liquor License to Hingham Youth Hockey for a fundraiser to be held at Old Ship Parish House on April 4, 2008.

Voted - to grant a Special Liquor License to the Resurrection Church for a fundraiser to be held at the church hall on April 12, 2008.

Voted - to appoint Elizabeth Klein to the Hingham 375th Anniversary Committee.

Voted - to grant Request for Counsel as submitted by the Planning Board.

Voted - by roll call vote, to adjourn to exec to discuss real estate and return to open session after a discussion of the property adjacent to the Department of Public Works

Mr. Riley – yes
Ms. Burns – yes
Ms. Tully – yes

The Board resumed open session.

Hersey Property Warrant Article
Voted - to recommend that the Town appropriate $1,900,000 to be expended under the direction of the Board of Selectmen to acquire a parcel of land, adjacent to the Department of Public Works Building on Hersey Street, consisting of approximately 6.6 acres, shown as Lot 1 on Assessors’ Map 79. Of this amount $75,000 will be spent to mitigate environmental contamination on the property, including engineering services. To meet this appropriation 1) the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow up to $1,450,000 under and pursuant to Chapter 44, Section 3, of the General Laws, or pursuant to any other enabling authority and to issue bonds or notes of the Town therefore and 2) that the sum of $450,000 be transferred from available reserves.

Voted - to sign the Agreement between the Town of Hingham and the Estate and Heirs of Louise A. Hersey.

Meeting adjourned 9:30 pm.

Betty Foley, Clerk