Back to Board of Selectmen Meeting Minutes
April 20, 2010
Regular Session 7:05 pm
Ms. Burns, Mr. Rabuffo, Mr. Riley
There were no questions from the public.
Public Hearing – South Shore Country Club Management Committee
Mr. Friend explained that previously the Board had approved the extension of the premises to allow alcoholic beverages to be sold on the 18 hole golf course from a roving beverage cart, a snack shack to be located behind the 9th green and a seasonal tent adjacent to the lower dining room. People who are booking outings have indicated that they would like the beverage course as a part of the package. This is quite common in other municipal courses.
Voted - to approve the application of the South Shore Country Club Management Committee d/b/a South Shore Country Club to extend the premises of their Common Victualler Restaurant All Alcoholic Beverages License to allow alcoholic beverages to be sold on the 18 hole golf course, from a roving beverages cart, a snack shack to be located behind the 9th green, and a seasonal tent adjacent to the lower dining room, subject to the approval of the Alcoholic Beverages Control Commission.
Public Hearing – South Shore Country Club management Committee License Transfer
The ABCC suggested that the transfer be to Raffaels, not the Town. If there is an early termination or at the end of the lease the law calls for an immediate transfer of the license back to the town.
Voted - to approve the application to transfer the Restaurant Common Victualler All Alcoholic Beverages License of the Country Club Management Committee, d/b/a South Shore Country Club, Elio Ricci, Manager to Vista Verde Corp, d/b/a Raffael’s, at the South Shore Country Club, Elio Ricci, Manager.
Voted - to approve an amendment to the lease to Vista Verde Corp. d/b/a Raffael’s at the South Shore Country Club.
Voted - to approve the minutes of March 1, 2, 4, 11, 18, and March 23, 2010.
Voted - to waive the building permit fee for Young Electric for electrical work for a radio system for the Fire Department.
Voted - to waive the building permit fee for the Scoreboard on Beal Street.
Grant of Location
Dennis Regan, the permit representative of National Grid, requested the Board’s permission to replace the existing gas mains in Cottage and Ship Streets. There is a gas leak that was discovered by a private consultant and this is a replacement main. Mr. Nagle from National Grid Community Relations explained that one of the objections the company has is the request to remove the abandoned main or pay $10 per linear foot. He said this would add an undue charge to the ratepayers. Harry Sylvester said that an abandoned gas main costs the town money in down time. If in the course of roadwork a gas main is discovered, the DPW work crew has to wait for the company to send down a crew to identify the main and determine whether it is live or not. Then the Town has to remove the main and dispose of the old main at the Town’s expense.
Mr. Riley concurred with Mr. Sylvester’s description of the process and expense involved when an unexpected main is encountered. The resulting downtime costs the Town money. Mr. Nagle said that National Grid would be happy to look at and consider a bill from the Town for incurred expenses. Ms. Burns asked what surety the Board would have that they would actually get reimbursed.
Mr. Sylvester said that Beal Street reconstruction project was done by an engineer. The project was marked by Dig Safe but the abandoned main was not marked. When the abandoned main was found everything had to stop until National Grid corrected the unsafe condition. Mr. Rabuffo noted that this has gone on for some period of time. He further stated that the DPW is being pressured on the budget and they are spending time and money on an issue that is not their problem but something created by the utility company.
Mr. Toomey said there is no law on this but it is clear that the gas company is responsible for what they put in the street. This is a function of granting a location. A grant of location says we will give you one location, but not two. The important thing is that this is not about a fee that was just an option provided; it is the public safety issue. Mr. Toomey said the town is within its rights to ask to have it
removed in order to have the new pipe inserted. The Town is asking for removal of the main when it is abandoned. Ms. Burns asked if the $10/ft fee was sufficient to cover the costs involved. Mr. Toomey summed up by saying there are options: go toe to toe on this, formalize an agreement regarding the treatment of abandoned mains or the Town will send a bill whenever an abandoned main is encountered.
Mr. Riley said this appears to be a matter of convenience. When Aquarion replaces a water main they remove the old main is as the new is installed. Mr. Nagle said National Grid does not remove old mains in any city or town. The cost of removing an old main is something new and it is a cost. However, National Grid is willing to have conversations about what to do when the town runs into something. Mr. Rabuffo said it sounds like Mr. Nagle recognizes that there is a problem and the gas company is willing to talk about that problem.
Ms. Burns said she would be open to giving the friendly approach a try and talk about the costs we encounter when we run into abandoned mains. National Grid indicates they want to be a good neighbor however it does not get borne out in the actions we have seen on Beal Street. Mr. Toomey suggested an agreement that any costs the Town runs into due to abandoned mains, including Beal Street, would be National Grid’s responsibility. National Grid indicated that they would like to come to a resolution quickly.
Voted - to continue the public hearing/grant of location hearing on the request of National Grid to install a new gas main in Cottage, Ship and North Streets until May 4 at 6:00 pm.
Grant of Location – Industrial Park Road
Mr. Todjakian said the Hingham Municipal Light Plant had been approached by A. W. Perry regarding the proposed South Shore Hospital building. There is an existing service that would be in the proposed parking lot of the South Shore Hospital building. The line could not easily be moved to another pole. The Light Plant will install a new pole. Mr. Rabuffo asked about burying the service to the building. The new building will have underground service.
Voted - to approve the Grant of Location request of Hingham Municipal Light Plant and Verizon New England, Inc. to locate one new pole, pole #8A on Industrial Park Road, as shown on plan marked HMLP No. 3-10A, dated March 19, 2010.
The Traffic Committee recommended making the southernmost side of the Fort Hill Street/New Bridge Street traffic island one way from Fort Hill Street to New Bridge Street. The signage is the only change. Eileen Richards of Plymouth River Road said that this sounds very similar to what was proposed and implemented at the intersection of Main and South Pleasant Streets and that has worked. Mr. Estes most people will not travel westward on the left side but something is necessary. He has seen accidents occur there. Mr. Estes pointed out that there is a stop sign at the end of New Bridge Street that people hardly ever obey. Ms. Burns said that the police department will most likely begin some enforcement with the change.
Voted - to amend the Traffic Rules and Orders at the intersection of Fort Hill and New Bridge Streets - so that the island separated connector roadway linking Fort Hill Street to New Bridge Street south of the traffic island be restricted to one way traffic in the northeasterly direction, and that a sign be placed on the east end of the island directing traffic westbound on New Bridge Street to keep right of the island.
Voted - to install a crosswalk in the area of 59 Water Street. The condo association that owns 59-61 Water Street would assume the initial cost and the town would then assume future responsibility.
Overview of Zoning Articles
Ms. Burns said that as a matter of custom the Board of Selectmen does not vote on zoning articles but does hear an overview of the proposals.
Article 40
Ms. Lacy advised the Board that the current zoning by-law requires a certain amount of parking spaces per square foot of usage. Two development proposals at the shipyard had wanted more parking spaces than the by-law requires. The proposed zoning amendment would impose a requirement for a Special Permit in order to allow parking in excess of the amount required by the by-law. The Planning Board would have the opportunity to meet with the applicant in order to assess the necessity of a larger parking.
Article 41 requires an additional submittal to include an outdoor lighting plan prepared in accordance with guidelines promulgated by the Illuminating Engineering Society of America. Advisory voted against this. Ms. Lacy said this refines that requirement added last year relative to offsite lighting impacts.
Article 45 Last year the Board of Selectmen created a Harbor Task Force to include all the groups involved with the harbor with the goal of making it as accessible and enjoyable as possible. There are 11 parcels in this area; three are zoned as Waterfront Business and the remaining parcels are Official and Open Space. At some point the Town may want to look at a town-owned facility for marina or a concession stand. For the three privately owned parcels this amendment would allow two stories and the setback could be consolidated on one side of the parcel to provide view shed protection. It would also allow for a limited design review for the Planning Board.
Article 46 contemplates a recreational fields overlay district. Eileen Richards asked if there was any discussion of a lighting by-law versus an overlay district. Ms. Lacy said the lighting by-law was on the table but the Planning Board made a decision that they would rather refer to the most up to date industry standards. This particular article came in as a petition article and the Planning Board felt that it was their obligation to make it the best field lighting article ever. If this article is adopted only the Zoning Board of Appeals would be involved in approving or acting on it. Ms. Richards said the Town of Needham adopted a one year by-law and t was understood that it would be opened up for review and discussion after one season.
Article 43 The Farmers’ Market and concessions stands are not a permitted use in Open and Official Space. This proposed amendment would make seasonal concession stands at the recreational fields as well as the Farmers’ Market at the Bathing Beach a permitted use.
Article 44 The Zoning Board of Appeals approached the Planning Board regarding use variances. The Board of Appeals said the use table was out of date. This will be the beginning of an ongoing update of the use table. .
Reports
Mr. Rabuffo said the Harbormaster asked to engage a lawyer on rules and regulations. The Fire Chief has been down to inspect the standpipe on the waterfront and he reported that great progress had been made. The Town will be receiving Chapter 90 monies amounting to $ 565,744 for next year’s budget. Mr. Rabuffo said he would also be working on putting together the letter to be sent to the legislative delegation on unfunded mandates.
Ms. Burns reported that she received a phone call from a state agency that makes recommendations on the MORE grants. The woman who called just wanted to make sure that the Town is really behind this initiative. Ms. Burns said she had assured her that this is Hingham’s top priority and she also stressed the importance to economic development. The called indicated that the reviewers were going to recommend this grant to the Secretary and the Governor.
Meeting Adjourned 9:10 pm.
Betty Foley. Clerk