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Board of Selectmen
March 22, 2011
7:04 PM - Open Session
North Hearing Room 3rd Floor, Hingham Town Hall
Present: Bruce Rabuffo, Chairman; John A. Riley; Laura M. Burns; Ted Alexiades, Town Administrator; and Betty Foley, Assistant Town Administrator.
Chairman Rabuffo called the meeting to order, reviewed the order of the agenda for the evening, and noted that the item Lease of an Alley on North Street has been tabled to a future meeting. He also extended a personal thank you to Dave Levenson of the Hingham Fire Department for its quick response and assistance with a family member’s recent accident.
Questions from the Public: There were no questions from the public.
Approval of Meeting Minutes: Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to approve the minutes of February 17 and March 1, 2011. There was no public comment. A vote was taken and all were in favor; the motion passed.
Traffic Committee Recommendations Regarding Independence Lane and Cushing Street:
Cushing, Main and South Pleasant Traffic Light: Chairman Rabuffo introduced the item, noting that in accordance with last year’s Town Meeting vote, the Board engaged the Traffic Committee to conduct a study regarding the installation and associated costs of a traffic light at Cushing, Main and South Pleasant Streets. He noted that tonight will be a summary of the findings, and the item will come back to this year’s Town Meeting for a vote. Paul Healey, member of the Traffic Committee and the Planning Board Director, addressed the Board and summarized the written report prepared by the Committee to the Board dated December 2010. He discussed the various groups represented by the Committee’s membership, the primary concern expressed by proponents of the light was safety, the Committee’s review of the facts, previous studies that were conducted on this intersection and on the Main and High Street intersection, the installation of a light at Main and High Streets, the collection of additional data, the findings that traffic volume has not risen appreciably in the last 10 or so years nor has the number of accidents, the Queue Study that was conducted, the hiring of an engineering firm to conduct traffic counts, the “F” level of service rating, the eight traffic warrants used to evaluate need for traffic signals, the cost estimate process, the physical configuration of the intersection, the options for a roundabout and an elongated roundabout, previous public meetings held with opportunities for public comment, the area being historic, and the estimated cost associated with the signal and the two roundabout options. Mr. Healey stated that the Committee concluded that the safety concerns raised by the proponents to justify a traffic light were not supported by the facts, that the accident rate did not exceed the state average, and that the cost to install a traffic control signal is not warranted from a public safety perspective. He also stated that the issue will continue to be reviewed by the Planning Board with future development and growth in the South Hingham area.
Discussion followed. Mr. Riley reviewed the reconstruction process of Route 228, the series of public meetings held, the absence of proponents of the light at those meetings, and recent discussions with the State that it is unlikely the State will do anything in the next five years. Ms. Burns expressed that sometime in the future some kind of control will be needed. Chairman Rabuffo stated that there are a number of intersections that the Board is monitoring, which it will continue to do, and that the Board endorses the report of the Traffic Committee. Chris Donovan, 12 Independence Lane, provided public comment and inquired if the traffic count has gone up on Main Street. Mr. Healey reviewed numbers, stating that it has but not appreciably. No formal action was taken was taken by the Board.
Independence Lane: Chairman Rabuffo stated that the issue of parking at the South School has come before the Board, with the question being what can be done to alleviate safety concerns. Parking on the side of the roadway is interfering with traffic and also the safety of children during drop off and pickup. Additional police presence has provided some relief, but more action may be needed. Sergeant Dearth, Hingham Police Department and representative for Chief Mills as Chairman of the Traffic Committee, addressed the Board. He stated that the Committee held public meetings in December, January and February; most complaints have come from Independence Lane residents regarding congestion; a secondary complaint has been regarding child safety; the presence of a police officer at 3:00 PM has helped but is not a permanent solution; and the school has provided input for a plan, which also has not been sufficient to eliminate the problem. He also reviewed the no parking regulations imposed on the area under the Town By-laws. He stated that the Committee came to the conclusion that permanent signage is needed. The Committee has voted to recommend to the Board that 16 to 20 No Parking Anytime signs be installed on the island and both sides of Independence Lane up to #12, which is approximately 300 feet in on Independence Lane; and that signs be posted on both sides of the road on Liberty Pole Road from #27 to #30, which is an extension from the current no parking regulations on Liberty Pole Road. He explained that No Parking Anytime signs would be consistent with other signage. Further, the Committee recommended that the signs be paid from the budget of the School Department and not DPW.
Chairman Rabuffo noted that the Board has received letters requesting day and time restrictions. Sgt. Dearth stated that No Parking Anytime signs are recommended because night events also are causing congestion. Mr. Riley inquired about staggering the school release time for “walkers.” Sgt. Dearth and Mr. Healey, also a member of the Traffic Committee, noted that it was discussed with the School Department but that it would present too many problems. Ms. Burns inquired as to why parking could not be permitted on one side of the road only, and she referenced parking at the Foster School. Sgt. Dearth stated that in addition to possible driver confusion, parking on one side essentially makes the road a one lane road with continued safety concerns. Chairman Rabuffo inquired if any engineering or other structural changes were considered. Sgt. Dearth responded that the island was put in as a safety design for traffic calming purposes and should not be removed.
Tisha Petersen, 30 Brewster Road, provided public comment, stating that she wants to keep the integrity of their neighborhood, there is a major breakdown in communication in the community, there are no signs that this a school zone or saying to slow when coming off of Main Street, instead of No Parking signs there should School Zone signs, she believes 90 percent of the problem has been resolved with recent initiatives, there is no literature telling parents where to park, she hopes the Board will consider an alternative to No Parking signs, the Board has been hearing only from one part of the Liberty Pole community, she is concerned parking will trickle down another street, she was unaware of parking restrictions, and she was not aware of any prior meetings. Mr. Healey commented that geographically South School is different from Foster. With the traffic volume and children crossing the road, often unaccompanied, the Committee is trying to eliminate the dangerous situation of crossing Liberty Pole and also trying to make sure that fire trucks can get through, as there was an instance where on a real call they could not get through. Sgt. Dearth stated that the South School principal has sent out several flyers, and the prior meetings of the Committee were posted as required by statute. Myrna Fellers, Brewster Road, provided public comment, stating one of the reasons why she wanted to live there is the community, there was a lot of snow this year, to do the Liberty Pole Loop one has to pull out onto Main Street which earlier was referenced as having an “F” level of service, the Loop is not convenient or practical, and the decision is based on one situation. Sgt. Dearth noted that the first complaint was in October before the snowfall. Ms. Burns inquired about the possibility of another guard on Independence. Discussion followed regarding crossing guard proximity. Nancy McAloon, 22 Independence Lane, provided public comment, stating that the issue is not because of snow, there are emergency vehicle concerns, she originally suggested many possible options which the Committee reviewed but has reasons for not implementing, the newly configured entrance has not helped, and she is concerned with children’s safety. Kelley Cyr, 15 Brewster Road, provided public comment, noting the lack of sidewalks, school policy against children walking who are younger than third grade, and the need to address the issue on a community level.
Chairman Rabuffo reminded the public that the issue started as a safety issue on Main Street, which is a state road, and the Board had asked the Traffic Committee to conduct a study because police action did not work. Harry Sylvester, also a member of the Traffic Committee, stated that residents came to all three prior meetings, members of the Committee visited the site, the Committee had asked the School Department for alternating release times and putting in an additional bus, the recommendation for 24-hour No Parking was because of night events and hazards at dusk, people’s properties are getting rutted, the roads are not wide enough even with parking on one side, and the Committee considered all of the issues very thoroughly. Ms. Burns inquired where people would park if no parking were enacted, and if parking would be allowed on Loring. Mr. Healey stated that there is no prohibition but it requires crossing Main Street. Discussion followed regarding crosswalk locations.
Ray Estes, 92 Fort Hill Street and member of the School Committee, stated that he did not know if signs are a solution, explained the term “walker” and the school’s policy not to provide bus service within one mile of the school, opined on possibly better communication between the Committees and the Board, took issue with the School Department paying for signs, and wanted to work on the issue more closely with the Traffic Committee. Chris Donovan, 12 Independence Lane, provided public comment as to what was studied when the school was built. He also stated he was in favor of restricted hours and starting with a limited number of signs.
Discussion followed regarding the lack of school bus service for children as young as five or six years old. Mr. Estes suggested that prior to the Board making a decision, the Traffic Committee and School Committee could meet. Chairman Rabuffo stated that because of concerns with safety the issue needs to be brought to closure. He noted that the Board will be meeting again on March 31st and April 5th, and he suggested that the School Committee and Traffic Committee publicize a date and convene to discuss options. Discussion followed regarding meeting dates. Chairman Rabuffo stated that he will put this item back on the Board’s agenda for its April 5th meeting. No formal action was taken by the Board.
Warrant Article Regarding Sewer Property Acquisition: ARTICLE P. Will the Town (1) authorize, but not require, the Board of Selectmen to acquire or obtain by eminent domain or other means an interest in real property for purposes of developing a wastewater treatment facility to serve the Industrial Park Area Sewer District (created by Article 32, 2010 ATM) including dispersal area, utility corridor, access easements or roadways and (2) raise and appropriate, borrow or transfer from available funds a sum of money for said acquisition(s), or act on anything relating thereto?(Inserted at the request of the Sewer Commission) Jon Asher, member of the Advisory Committee, addressed the Board, and summarized the recent presentation at the Board’s March 8th meeting regarding the Industrial Park Area in South Hingham, the Board’s approval of Article Q regarding engineering and the Advisory Committee’s subsequent approval as well, and the preliminary presentation of Article P. He stated that Mr. Alexiades and Mr. Riley have been negotiating the terms of acquisition of a site where the wastewater treatment plant can be constructed. He reviewed a suggested motion with one modification as recommended by the Advisory Committee. Mr. Alexiades stated that an environmental assessment of the site is now being conducted using funds approved in an article last year. Ms. Burns and Chairman Rabuffo commented favorably on the potential expansion of the commercial tax base and the provision of some relief to residential taxpayers.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to sign an Agreement with James and Jan Dwyer, Trustees of the Dwyer Family Trust regarding the undeveloped parcel of land shown as Lot 9 on Assessors’ Map 208. There was no public comment. A vote was taken and all were in favor; the motion passed.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to recommend the following article to Town Meeting: That the Town (1) authorize, but not require, the Board of Selectmen to acquire or obtain by eminent domain or other means an interest in real property for purposes of developing a wastewater treatment facility to serve the Industrial Park Area Sewer District (created by Article 32, 2010 ATM) including dispersal area, utility corridor, access easements or roadways and (2) that the Town hereby appropriates $160,000 to pay costs for said acquisition and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor. There was no public comment. A vote was taken and all were in favor; the motion passed.
Hersey House Proposal and Zoning Article: Chairman Rabuffo stated that the Request for Proposals (RFP) for the disposition of the Hersey House, which was issued in February, contains a series of criteria for the Board to use in its proposal evaluation and selection process. Two proponents submitted two bids each. Ms. Foley stated that she created a grid for evaluation purposes, wherein the criteria of Price, Full or Partial Parcel, Intended Use, Contingencies, Historic Preservation Restriction, and Effect on Neighborhood from each of the four proposal was rated individually as Highly Advantageous, Advantageous, Not Advantageous, and Unacceptable. Chairman Rabuffo explained that further definition is provided in the RFP on the rating system. Ms. Foley stated that she put together a composite rating, which provided as follows:
McDowell Proposal #1 ($1,250,000, full parcel, residential use with the Hersey House and possibly a second unit in the back, no specific contingencies other than as outlined in the RFP): 16 Highly Advantageous, 2 Advantageous, 0 Non Advantageous, and 0 Unacceptable.
McDowell Proposal #2 (part of the whole parcel, $850,000): 5 Highly Advantageous, 10 Advantageous, 3 Non Advantageous, and 0 Unacceptable.
Now Communities Proposal #1 (full parcel, 16 units, $1,050,000): 3 Highly Advantageous, 5 Advantageous, 2 Non Advantageous, and 8 Unacceptable.
Now Communities Proposal #2 (full parcel but Hersey House deeded back to the Town, $600,000): 3 Highly Advantageous, 1 Advantageous, 6 Non Advantageous, and 8 Unacceptable.
Based on the composite rating, Mr. McDowell’s Proposal #1 received the highest vote. Chairman Rabuffo stated that he would like the Town Administrator to begin the process of negotiating the final agreement with the selected bid.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to authorize the Town Administrator to negotiate a final agreement with Mr. McDowell for the Hersey House for not less than $1,250,000. There was no public comment. A vote was taken and all were in favor; the motion passed.
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley that the Board recommend to Town Meeting that the Town amend the Zoning By-laws of the Town of Hingham adopted March 10, 1941 in the Zoning Map Part A, as heretofore amended, by removing from Official and Open Space and including in Residence District A a parcel of land on North Street shown on Assessors’ Map 60, Lot 143. This would ask Town Meeting to rezone the entire Hersey House parcel Residence A. There was no public comment. A vote was taken and all were in favor; the motion passed.
Mr. Bob Falvey inquired whether or not the court recently issued a decision. The Board responded that they are still awaiting a final decision, a preliminary decision was issued, they hope to hear in a few days, and until then they cannot comment further.
Other Votes for Consideration:
Voted – A motion was made by Ms. Burns and seconded by Mr. Riley to withdraw the proposed warrant article relative to the lease of two acres at the Landfill. There was no public comment. A vote was taken and all were in favor; the motion passed.
Voted – A motion was made by Mr. Riley and seconded by Ms. Burns to close Main Street between Elm and South Streets on May 21st for the Taste of Hingham. There was no public comment. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator Reports:
Chairman Rabuffo announced that he is having ongoing discussions with his counterparts in Hull and Cohasset to see if there are any areas for cooperation among the communities. He also thanked the State Police for their response to a recent report of a potential bomb at the Derby Shoppes.
Mr. Jim Watson made public comment regarding the decision not to purse solar panels at the Landfill and asked if there was any consideration given to methane tapping. Chairman Rabuffo noted that the Board’s decision reflects the vote of the Advisory Committee. Ms. Burns and Mr. Alexiades stated that a study was done regarding methane but due to size there is not sufficient economic value.
Mr. Bob Falvey commended the high school girls hockey team for winning the Division 1 title. Ms. Burns also commended the team for winning the Sportsmanship Award.
Executive Session/Adjournment: Chairman Rabuffo announced that the Board will adjourn to executive session to discuss pending litigation and will not return to open session.
Voted - A motion was made by Ms. Burns and seconded by Mr. Riley to adjourn to executive session, not to return to open session this evening, for purposes of discussing strategy with respect to litigation because an open meeting may have a detrimental effect on the litigating position of the Town. A vote was taken by roll call and showed as follows: Chairman Rabuffo – yes, Mr. Riley – yes, Ms. Burns – yes. The motion passed.
The open session adjourned at 8:56 PM.
Respectfully submitted,
Laurie Zivkovich, Clerk Pro Tem
Documents (a complete meeting packet of supporting documentation is on file and available for public review in the Board of Selectmen’s office):