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Board of Selectmen
August 16, 2011
7:00 PM - Open Session
North Hearing Room 3rd Floor, Hingham Town Hall
Present: John A. Riley, Chairman; Laura M. Burns; Bruce Rabuffo; Ted Alexiades, Town Administrator; and Betty Foley, Assistant Town Administrator
With a quorum present, Chairman Riley called the meeting to order and reviewed the order of the agenda.
Questions from the Public: There were no questions from the public.
Public Hearing/Grant of Location on the Petition of Nationalgrid to Install and Maintain Gas Service Main in Clark Road: Dennis Regan, Permit Representative, was present representing Nationalgrid. Mr. Regan requested consent to install and maintain approximately 610 feet more or less of 2" gas main in Clark Road, as more fully described in the Petition of Nationalgrid for Gas Main Locations dated May 9, 2011. Harry Sylvester, Assistant Projects Engineer for the Hingham Department of Public Works (DPW), reviewed the months of negotiations with Nationalgrid to reach this point, the reaching of an agreement for the restoration of Main Street, the main's age and leak history, and the work and road reconstruction schedules. Mr. Rabuffo inquired about the timing of the reconstruction of Main Street. Discussion followed regarding coordination of efforts. Mr. Regan acknowledged the receipt of the requirements of the DPW and his and Nationalgrid's acceptance of the terms. Ed Rose of Clark Road provided public comment and thanked everyone involved in this project.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve the Grant of Location request of Nationalgrid to install and maintain approximately 610 feet, more or less of 2 inch gas service in Clark Road from the existing 4 inch gas main in Main Street Easterly to House #21, all of which is to replace the existing 1 ½ inch gas main in Clark Road. This approval is subject to the stipulations of the Department of Public Works, including Nationalgrid covering the cost of the restoration of Main Street. A vote was taken and all were in favor; the motion passed.
Public Hearing on the application of Paragon Funding Group III, LLC d/b/a Wahlburger's, Paul J. Wahlberg, Manager, 19 Shipyard Drive for a Restaurant All Alcoholic Beverages License: Jeffery Tocchio, Esquire, and Paul J. Wahlberg were present representing the applicant. Ms. Burns read aloud the public hearing notice. Mr. Tocchio stated that Mr. Wahlberg is the manager of the applicant. Mr. Tocchio reviewed the location, proposed menu, request for an all alcoholic beverage license, the square footage, the inclusion of a patio, the site features, the provision for outdoor dining and the use of glass dividers on a masonry foundation like Alma Nove, the inclusion of 120 total seats with 80 indoors and 40 seasonal outdoors, the hours being 11:00 am to 1:00 am daily with last call at 12:00 to 12:15 am, the doors and egress, and the financing. He stated that Mr. Wahlberg Paul is the manager at Wahlburger's and Alma Nove and will be back and forth between both, he will have the same TIPS type program, there are two investors, they are working on promissory notes now, there are no pledges to investors, and there is a pledge to the landlord like the other Shipyard leases. Ms. Burns and Mr. Rabuffo expressed appreciation for the investment into the Shipyard and the proper handling of alcohol at Alma Nove. Discussion followed regarding TIPS training and ongoing training. Chairman Riley inquired about the ownership of the Alma Nove license. Mr. Tocchio stated that the ownership is not an issue for a Section 12 license, unlike a Section 15 license, and that Mr. Wahlberg is permitted is to be a manager at two different locations. Carol Meyer of the Hingham Journal inquired about the site and the menu. Mr. Wahlberg stated it is not the Pizzapalooza site but it is in the same building. He also reviewed the menu. There was no other public comment.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the application of Paragon Funding Group III, LLC d/b/a Wahlburger's, Paul J. Wahlberg, Manager, 19 Shipyard Drive, for a Restaurant All Alcoholic Beverages License for the operating hours of 11:00 AM to 1:00 AM 7 days a week, subject to the approval of all Town boards and departments, completion of the premises in accordance with the building plan as submitted, submission of a valid certificate of insurance evidencing liquor legal liability insurance coverage in at least the minimum statutory amounts, and the approval of the Massachusetts Alcoholic Beverages Control Commission. A vote was taken and all were in favor; the motion passed.
Alma Nove – Entertainment License Request for Two-Person Musical Group Sundays 3-7pm through October: Paul Wahlberg, manager of Alma Nove, addressed the Board, stating that he is trying to enhance patio outside and the product for the customer, he would like to have live music on the patio on Sundays, and it will be amplified but with the glass windscreen the volume will be low. Ms. Burns discussed issues with neighbors and the environment of the Shipyard. There was no public comment.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve the application for a temporary entertainment license request from Alma Nove, 22 Shipyard Drive, per its application for a two person musical group on its outdoor patio for the hours of 3:00 PM to 7:00 PM on Sundays through October 2011. A vote was taken and all were in favor; the motion passed.
Fort Hill Veteran's House: Subordination and CPC Funding Contingencies: Dan Coughlin, representing the Community Preservation Committee (CPC), joined the meeting. He reviewed the 2010 Town Meeting article regarding the funding of $250,000 from CPC funds for veterans housing at 111-113 Fort Hill Street. He stated that there are four contingencies in the article, three of which have been satisfied with the fourth regarding financing still in progress, the Commonwealth has agreed in writing to fund the $750,000 but has said it may take up to two years, as a result there are no executed documents with the Commonwealth, the Town has a Right of First Refusal, Fort Hill is having to obtain construction financing, and the CPC recommended at its July 19th meeting to extend the contingency deadline to the end of year. Mr. Coughlin reviewed the Subordination of the First Refusal Right in connection with Rockland Trust's construction financing, Rockland Trust's request for the Subordination the Town's simultaneous funding with the State's funding, and the effect of the transactions. Discussion followed regarding a realistic contingency satisfaction date. Mr. Coughlin stated that Father Bill's expects to have documents in place in eight weeks with funding to follow later, and the Town and the Commonwealth will be on a parallel basis when they do fund. The Board expressed concern if there could be a potential future change in use from a veterans facility. Ray Estes, 92 Fort Hill Street and a member of the Group of Five, stated that there is a possibility that the Commonwealth may ask the Town to be in a subordinate position, the Town's right would be protected with agreements with the Father Bill's entities, a foreclosure is possible if there is a loan default, there are a number of things in place on the various governmental levels that would continue the use by veterans, and the Commonwealth's funding is specifically for this purpose. Mr. Coughlin stated that the Commonwealth funding will pay off the Rockland Trust loan; the right of first refusal will be in place when the Commonwealth funds; and if Rockland Trust forecloses, the Town will not have a right of first refusal but the Town will have nothing invested at that point. There was no public comment.
Voted – A motion was made by Mr. Rabuffo and seconded by Ms. Burns to approve the execution of Subordination – First Right of Refusal in connection with the Rockland Trust Company and Fort Hill Housing, Inc. financing transaction for 111-113 Fort Hill Street, Hingham. A vote was taken and all were in favor; the motion passed.
Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve an extension of the deadline for the resolution of all contingencies as described in Article 17 of the 2010 Town Meeting Warrant Supplement regarding Father Bill's & MainSpring, Inc. and 111-113 Fort Hill Street, to on or before December 31, 2011, as recommended by the Community Preservation Committee. A vote was taken and all were in favor; the motion passed.
Discussion of Bare Cove Park Committee Goals and Regulations: Mr. Alexiades provided a summary of the new process he has begun of meeting with all committees appointed by the Selectmen to assist them with goal setting. Patti Coyle, Chair, and Tom Burbank, were present representing Bare Cove Park Committee. Ms. Coyle stated that the primary goal of the Committee is public safety, park usage by people without dogs has increased, a number of special events now take place in the park, the Committee is having trouble with dogs, and the number of persons not obeying the rules by controlling their dogs or picking up after them has increased. She reviewed her conversations with Chief Peraino regarding Leslie Badger's (Animal Control Officer) involvement in the park; tree maintenance by Public Works; her request for approval of posting donated signs at all four park gates; a request to add to the regulations a prohibition against use of metal detectors in the park because of it prior use as an ammunition depot; a request to add a regulation requiring that dogs be leashed from the parking lots to the painted yellow lines; paid dog walkers having six to ten dogs and not having all of them under their control; the availability of the Committee's identified set of regulations at the park's kiosks, on the Town's webpage and in pamphlet form; the payment of Leslie's Badger overtime rate with funds from the Friends of Bare Cove Park; and the average number of hours spent by Ms. Badger in the park in July being 14 hours. Ms. Coyle summarized that her request to the Board was to approve a regulation prohibiting the use of metal detectors, approve a regulation requiring dogs to be leashed between the parking lots and the painted yellow lines, the approval to post the additional signs as presented, and a waiver of the payment of sign permit fees. Mr. Alexiades suggested that the Board take the matter under advisement in order to review any potential legal issues, and he will communicate and work with the Committee. Jim Watson, 291 Rockland Street, provided public comment stating that he thinks a lot of latitude is allowed in the park. He also commented on a recently completed open space plan. Mr. Burbank commented on a study on access to the park and a bill several years ago to fund a walkway and loop connecting neighboring parks. Ms. Foley commented that she was part of the working group for the connection of parks, there was a lack of funding at that point, but the plans are still there. No formal action was taken.
Greenbush Trust: Andrea Young and Virginia Tay, Chair, were present representing the Hingham Historical Commission. Ms. Tay stated that the Geenbush fund is a preservation trust. She reviewed the earmarking of funds, the preservation aspect as well as enhancement aspect, the idea being to be a broad based mitigation fund, $50,000 being the maximum to be awarded per any application with a maximum of $100,000 per year for all grant awards, and the desire to have the funding exist in perpetuity. Chairman Riley summarized that the Greenbush Preservation Trust Fund was established to fund efforts to mitigate the effects of the Greenbush Rail project on historic properties located in historic districts or eligible historic districts along the Greenbush Right of Way. Ms. Young reviewed the MBTA's identification of properties along the track, the historic list, the number of properties given money by the MBTA to date, and the number of properties remaining that may require mitigation. Ms. Tay stated that going forward the funds should be used for properties, streetscapes, landscapes, stone walls and properties requiring the biggest need for restoration. Discussion followed regarding the Lincoln Building and available maps for determination of properties. Ms. Burns expressed concerns with the guidelines presented to the Board, in particular #2 – Eligible Historic Resources and Letter of Intent to Determine Eligibility and the two different ways for determining eligibility. Ms. Young explained the current listings, the State Register, eligible districts, and the ability to add to the list of historic properties if a property was missed. Discussion followed regarding the term "eligible districts." Ms. Burns inquired about the language "Alterations and improvements made prior to executing a contract are not eligible for reimbursement unless specifically provided for." Tom Wilson, member of the Historic Commission, offered an example. Discussion followed regarding the date of receiving the grant and individuals who already may have made repairs but could not have applied without an application process in place. Ms. Burns also inquired about #7 – Allowable Costs for Grants from the Trust Fund and access to other funding mechanisms. Ms. Young stated the Commission used guidelines from the Community Preservation Act. Chairman Riley questioned #10 – Application and Information and who will monitor the applicant. Discussion followed. Ms. Tay stated that they would like to run it like the CPC with a Commission designee for each project. Ms. Burns expressed concern with the inclusion of "demonstrated financial need" in #4 – Historical Commission Review of Projects based on her understanding of the intent of the grant. Mr. Rabuffo was in favor of holding funds in perpetuity and would like added a definition of "other real property" in Item #2 and the incorporation of the role of the Board of Selectmen in the administration of the funds since the Board is the signatory to the original agreement. Mr. Alexiades suggested that the Board take the matter under advisement pending legal and further administrative review. Ms Young reviewed her anticipated timeline to start extending grants. Mr. Alexiades said his intent is to bring it back to the Board on August 30th. Carol Meyer of the Hingham Journal inquired as to the proof required by an applicant and if the MBTA is still involved. Ms. Tay stated that funds can be used for beautification and the MBTA is not still involved.
Historical Master Plan Project: Dennis Corcoran, Director of the Hingham Public Library, and Suzanne Buchanan, representing the Hingham Historical Society, were present. Mr. Corcoran stated that tonight he will be seeking the Board's support and suggesting a vehicle for going forward. Mr. Corcoran summarized the background to the project, including the involvement of Hingham Public Library, the Historical Society, Town Clerk, Historical Commission/Historic Districts Commission and the School Department; the need for preservation; application for funding from the Community Preservation Committee; the funding in 2008 after Town Meeting to assess the state of the collections; the contract in 2009 with Northeast Document Conservation Center to conduct a baseline survey; and the RFP issued in 2010 and the selection of Inlook Group and its preparation of the Master Plan. Ms. Buchanan stated that Hingham is one of the most documented towns in the Northeast in terms of buildings and families. Ms. Burns discussed a summary of two tracks for moving forward and reviewed a proposal for a Historic Archive Task Force. Discussion followed regarding the purpose of the Task Force, availability of staff time to commit to the project, and the cost of staff involvement. Mr. Alexiades advised that the Board take the matter under advisement. Ms. Buchanan provided an update on the Richardson Family collection. No formal action was taken.
The meeting recessed at 9:20 pm and reconvened at 9:25 pm.
Hingham Middle School Proposed Project Discussion: Ray Estes, Chair of the School Building Committee, and Jim Jordan, principal architect with Ai3 on the project, joined the meeting. Mr. Estes reviewed a letter dated August 31, 2011 from Ai3 to Mr. Estes regarding 2006 Conceptual Cost Estimates Hingham Middle School; the three conceptual options of Option 1 Renovation/Addition, Option 2 Renovation/Addition with only the existing science labs remaining for renovation, and Option 3 All New; and the four sets of costs for each option (straight costs, costs of extended construction duration and construction contingency, escalation costs, and soft costs). Mr. Estes stated that in 2006 there was no model school program, the numbers were produced prior to knowing the structural integrity of building which was revealed this past winter, a number of unknown conditions with additional costs were discovered during the Plymouth River and Foster renovations, these costs are not based on what currently is being designed, the costs do not reflect the model school benefits, the estimate of $50 to $57 million for the current design was based on $275 per square foot with 164,000 square feet, when the project goes to bid it could be less, the current estimate is $280 per square foot, the actual square footage is now 176,385, the additional footage is because the MSBA guideline did not include an auditorium, he is anticipating a 40 to 44 ½ percent reimbursement, the maximum reimbursement is 44.42 percent, the MSBA might not participate in a renovation, the MSBA has indicated that the model school program is the best choice, and if the MSBA would participate the reimbursement rate would be lower. Mr. Rabuffo stated that he would like to see the estimates that went into the 2006 numbers. Chairman Riley noted the numbers are just a conceptual budget. Mr. Jordan reviewed how the numbers were developed. Discussions followed regarding obtaining two separate cost estimates for the actual project. Mr. Estes reviewed revised drawings and the upcoming meeting schedule. Chairman Riley questioned if there were excess costs in the circular design. Mr. Jordan stated that they do not see a premium. Chairman Riley noted that this is the second time that Hingham residents will be asked to fund a middle school. Discussion followed regarding geothermal HVAC systems and the East School analysis provided by Mr. Estes. Mr. Riley requested further information for the next meeting on September 6th. Lizzie Eldridge, 154 Union Street, inquired why the MSBA would have recommended a renovation if based on the 2006 numbers a renovation would be more expensive. She also asked for a cost estimate without the barrel and the bay with straight lines. Beth Rockoff, 36 Pleasant Street, spoke in opposition to the construction of the Middle School as proposed. Christine Smith, 2 Park Circle, read the Town Meeting warrant article that voted to support a new model school program. No formal action was taken.
Appointments: Voted - A motion was made by Ms. Burns and seconded by Mr. Rabuffo to appoint Brian O'Leary to the Bare Cove Park Committee for a three-year term expiring in 2014; to reappoint Joseph Freeman to the Board of Appeals for a three-year term expiring in 2014; to reappoint Alan M. Kearney, David W. Anderson and Mario Romania, Jr. as Associate Members of the Board of Appeals for the ensuing year; to reappoint Susan B. Berry to the Historic Districts Commission for a three-year term expiring in 2014; to reappoint Christopher F. Burns and John A. Riley to the Community Preservation Committee for a three-year term expiring in 2014; and to reappoint James O'Brien and Timothy White to the Affordable Housing Trust for a two-year term expiring in 2013. A vote was taken and all were in favor; the motion passed.
Amendment to Lincoln Maritime Center, Inc. Lease Agreement – extension of notification date to November 30, 2011 and current lease term to November 30, 2012: Voted – A motion was made Mr. Rabuffo and seconded by Ms. Burns to approve the First Amendment to Lease between the Town of Hingham and Lincoln Maritime Center Inc. Mr. Rabuffo summarized the terms of the First Amendment. There was no public comment. A vote was taken and all were in favor; the motion passed.
Request for a Temporary (One-Day) Entertainment License for Scarlett Oak Tavern for private, employee appreciation party on Monday August 22, 2011 from 5:00-8:30 pm: Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to approve the temporary entertainment license request of Scarlett Oak Tavern for a guitarist/vocalist to perform from 5:00 PM to 8:30 PM in the outside Garden on Monday, August 22, 2011 for an a private employee appreciation party. A vote was taken and all were in favor; the motion passed.
Selectmen/Town Administrator Reports: None.
Adjourn Open Session: Voted – A motion was made by Ms. Burns and seconded by Mr. Rabuffo to adjourn the open session. A vote was taken and all were in favor; the motion passed.
The open session adjourned at 11:04 PM.
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):
1. Correspondence – August 16, 2011
2. Notice of Public Hearing; Petition of Nationalgrid for Gas Main Locations dated May 9, 2011, for Clark Road; Letter dated May 23, 2011 from Harry Sylvester to Dennis Regan; Memo dated August 9, 2011 from Roger Fernandes to Ted Alexiades Re: Town of Hingham Final Negotiation Result Regarding Main Street and Clark Road
3. Notice of Public Hearing on the application of Paragon Funding Group III, LLC d/b/a Wahlburger's, Paul J. Wahlberg, Manager, 19 Shipyard Drive for a Restaurant All Alcoholic Beverages License; Memo dated August 12, 2011, from Laurie Zivkovich to Board of Selectmen regarding same
4. E-mail dated August 8, 2011 from Tracy Smith requesting an entertainment license for Alma Nove
5. E-mail from Susan Murphy to Betty Foley RE: Father Bills/Fort Hill – Subordiation; Subordination –Right of First Refusal; First Refusal Right 111-113 Fort Hill Street, Hingham, MA
6. Memo dated August 10, 2011 from Bill Reardon to Selectmen Re: Fort Hill Veterans' House
7. Letter dated June 21, 2011 from Patti Coyle, Bare Cove Park Committee, to Selectmen
8. Memo dated August 12, 2011 from Andrea Young to Hingham Board of Selectmen Re: Greenbush Preservation Trust Fund; Memorandum of Understanding Concerning Greenbush Rail Project
9. Master Plan for the Preservation of and Access to Hingham's Historical Collections December 2010 pp 1-11
10. Letter dated August 15, 2011 from L. Scott Dunlap, Ai3 Architects, to Mr. Raymond Estes re: 2006 Conceptual Cost Estimates
11. First Amendment to Lease between the Town of Hingham and Lincoln Maritime Center, Inc.
12. E-mail dated August 15, 2011 from Ken Robicheau to Laurie Zivkovich re: request for temporary entertainment license
DISTRIBUTED AT THE MEETING:
13. Historic Document Preservation Project; Historic Archive Task Force Proposal
Approved: August 30, 2011