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HomeMy WebLinkAboutMinutes - BoS - 09/21/2009 Minutes—Board of Selectmen September 21, 2009 Selectmen Present: Paul Carlson, Chairman Karen Quigley Frederick Koed Ralph Dormitzer Edwin G. Carr Others Present: William R. Griffin,Town Manager Chairman Paul Carlson called the meeting to order at 7:OOPM. Town Manager's Report Town Manager, William Griffin, stated that at this point the Town of Hull has not sold the minimum amount of stickers required to allow Hull to use the Cohasset RTF for recycling. Selectmen's Comment Period Selectman Karen Quigley stated she had received a call from Judeth Van Hamm inquiring about the Hull use of the Cohasset RTF. They discussed recycling initiatives for the Town of Hull which most likely Judeth will follow up on. Selectman Quigley also mentioned the letter from Tom Hamilton commending Harbormaster Lorri Gibbons and her assistants for their rescue of his boat. She also asked Mr. Griffin who would be the designee to the State for the new Open Meeting Law requirement. Mr. Griffin stated that he thought it would be the Town Manager, but that he is waiting on more information from the State. Selectman Quigley also asked about a notice in the packet about inviting local licensing authorities and licensees to a seminar in Duxbury. Mr. Griffin stated that his office mailed invites to all the licensees for the morning session and that his assistant will be attending the afternoon session. Selectman Ralph Dormitzer stated that he has received numerous calls in regard to the Police Chief selection process. Chairman Carlson announced that the first game at the turf field is on Friday night and that there is an opening ceremony beforehand. He also reminded the community of the geothermal meeting sponsored by the Alternative Energy Committee that is taking place on Tuesday the 22"d at the library. Licenses& Permits—Selectman Dormitzer moved to approve a one day liquor license for beer and wine the South Shore Art Center for a luncheon on Friday, October 16,2009 from 11:30-2PM. Selectman Frederick Koed seconded the motion and the vote was unanimous (5-0). Selectman Dormitzer moved to approve a one-day liquor for a wine tasting event at the South Shore Art Center on Saturday,October 17th from 7-10PM. Selectman Koed seconded the motion and the vote was unanimous (5-0). Mr. Griffin asked the Board to sign the already approved beer and wine restaurant license for 3A Pizza and Grill. Draft Letter of Interest on Minot Ledge Light—Selectman Carr moved to approve the draft letter as written. Selectman Quigley seconded the motion and the vote was unanimous(5-0). Selectmen—9.21.09-JBO 1 Minutes—Board of Selectmen September 21, 2009 Draft Letter to Executive Office of Transportation on South Shore Transportation Needs—After a brief discussion,Selectman Quigley moved to approve the letter as written. Selectman Carr seconded the motion and the vote was unanimous(5-0). Pat Martin—Town Hall "Haunted Happenings"Tour—Kathy O'Malley, President of the Cohasset Historical addressed the Board. Ms. O'Malley explained that the society had approached Pat Martin to do a fundraiser which would include a haunted house at the Wilson House. Ms. Martin has planned an all day event for Saturday, October 17t". Ms. O'Malley is before the Board tonight asking for permission to give tours of the Town Hall (Pat Martin arrives at the meeting). Ms. Martin then reviewed the type of tour she would like to conduct at Town Hall. Selectman Quigley asked what access they would need to Town Hall. Ms. Martin stated it would only be the front and back door of the old portion of Town Hall. Chairman Carlson also suggested they use the front door for handicapped access. Ms. Martin then reviewed the events of the day. They will also provide the Town with a certificate of insurance. The Board wished them luck with their event. Mary Goodwin, Public Health Nurse, Dr.Joe Godzik Board of Health Agent and Mr.Stephen Bobo, Board of Health member—H1N1 Flu Update—Mary Goodwin addressed the Board and stated that the Board of Health has been working with the schools and will give in school H1N1 clinics at the Middle High School. After that they will do family flu clinics, probably for children three years and up as this flu is hitting school age children and pregnant woman. At this point they do not have the vaccine as it is not available, but they have ordered approximately 900 doses. Mary Goodwin then reviewed the basic steps to follow if you think you have the flu. The Board of Health has also been giving out the seasonal flu vaccine at various clinics. Dr. Godzik explained that the seasonal flu affects mostly seniors and high risk adults whereas the H1N1 is affecting mostly children. Mr. Bobo then addressed the brain fitness that is available at the library. There has been a donation to continue the program. There is a usage list of 90 people who use the program and that have to wait to get on to use it. The Board thanked everyone for the updates. Glenn Pratt — Bear Hill Tank Access Road - Water Commissioners, Glenn Pratt and Nathaniel Palmer, addressed the Board and gave an overview of the situation. There is a 2 million gallon water storage tank built behind the High School in 1965. Since 1989 the Water Department has had an easement up to the tank. The owner of 100 Pleasant Street is now building three houses. The owner of the land has agreed to relocate the Department's easement and right of way to lot 12, as well as build a new driveway and reconfigure the water main connection on Pleasant Street. The Water Department is requesting permission from the Board to allow a new driveway be built on the Town easement off of Reservoir Road, The Department has had a pipe line and Right of Way over the parcel since 1958 as well as the Town owned land since 1969. The plan is to build something very similar to what exists today. He stated that residents had expressed concern about the safety of the area and said that the Police and Fire Chiefs have both looked at it. Mr. Pratt stated the construction on the road will be minimal and that the road will remain a dirt road and will not be paved. Selectman Carr then read Police Chief James Hussey's letter aloud. In it, the Chief stated that he looked at the proposed location of the new driveway and does not see any safety concerns as there are already many"blind driveway" signs posted. There was further review of the area and the history of the previous takings. Chief Silvia then addressed the Board. He stated that he visited the site with Mr. Pratt and it is his opinion that as long as they had some emergency access to the property, he is fine with it. Selectman Carr asked if they had explored any other locations, perhaps across the ball field. Mr. Pratt said he wouldn't even try to approach that as it would cross too many private properties. Water Commissioner, Nathanial Palmer, stated that this option is shorter than others and takes it away from [additional] residences. He feels it is a very clean Selectmen—9.21.09-JBO 2 Minutes—Board of Selectmen September 21, 2009 option. Mr. Pratt stated that they would go up the road to check on the tank about 2-3 times a week to check on the gauges and security. Chairman Carlson asked if the Department would be coming to the Board for this approval if the new construction was not occurring. Mr. Palmer stated that the Department does work to remove unused easements or improve upon existing easements they have. He added that he does not understand what the controversy is over. Elsa Miller of 60 Reservoir Road addressed the Board. She stated that the minutes of the Water Commission were very confusing. She stated that the it was her understanding that the Water Department would not be consider [relocating the easement] because there would be such a high impact on the kids in the area. She feels that the relocation of the road is an additional safety hazard to what she feels is a very unsafe corner. She added that the Developer of the parcel purchased it knowing that this easement was on the property. Mr. Pratt said that the developer does not have a problem with the easement; it's the Water Department who wants to move it. Selectman Quigley asked a question regarding the easement and the right of way and if that allows access to and from the pipes etc. Attorney Lou Ross, of Town Counsel's office, addressed the Board and stated that he does feel it allows the access. Selectman Quigley stated that she does feel the corner is a very unsafe. Katherine Becker of 132 Pleasant Street, stated that over 40 children come down the street every morning. She requests that the Police look at the area during the morning so they can understand their concerns. Mr. Palmer stated that he does not see how this change would make it any less safe. Richard Stevens, the Developer, and also a resident of the Town living at 86 Beach Street, addressed the Board. He feels there has been a lot of misconception about the parcel. He stated they did do research on the property and worked with the Water Department and that they have the right to build the three houses with the easement. He stated that it is the Department who wants to move it to Reservoir Road. He stated that he does not have a prejudice either way [where the easement is located]. Virginia Brophy of 16 Beechwood Street and asked a series of questions about the easements and their differences as well as what this issue could be costing the Town. Mr. Pratt stated that the Developer is paying for the real estate costs and that is estimated at $4,900. Martha Gjesteby of 81 Old Pasture Road expressed her concern about the water that comes down from this proposed area and she feels there is an issue with the drainage in the area. She also stated that she feels that this "hearing is moot" if the Developer is not involved. Mr. Pratt explained that the drainage has been looked at. Selectman Quigley agrees that there is an issue with the stormwater water run off. There was then a lengthy conversation about the water pipes. Mr. Thomas Ogrodnik of 55 Reservoir Road expressed his concern about the language in the easement. Diane Esslinger of 123 Pleasant Street thanked Mr. Stevens for clarifying the situation; she feels this helps the neighbors. She feels there are going to be more costs than the $4,900 that has been estimated and she does not feel the Town should go to the Town. She wants assurance from the Water Department that the Town will not be saddled with the cost of updating the pipes when the road is moved. Mr. Pratt said that the $4,900 is just what is left to be done. He stated that Mr. Stevens has already paid $19,000 to disconnect the water main as well as other associated changes to the water main. Mr. Pratt stated that the Town will not assume any cost for moving the easement. There was further discussion regarding the cost of the upkeep of the existing vs. the proposed road. There was much opposition expressed from the audience stating that the Water Department at previous meetings has said they would not revisit the moving of the road and now has decided to try and do so. Mr. Pratt stated that it is the Water Commission's position that this route is the best option for everyone. Marty Corey, of 81 Pleasant Street, reiterated that this corner is very dangerous. He feels that moving the access road would increase the hazard and asked the Board to vote against it. Mr. Palmer asked those in the audience if what they wanted was the Department not to do anything. Members of the audience stated that everything is working the way it is and they should leave it that way.. Selectman Koed suggested that instead of discussing the safety of the children perhaps the Town should look into putting a steel guard rail on that corner. Chairman Carlson stated that if the discussion was going to be of safety, then the Selectmen—9.21.09-JBO 3 Minutes—Board of Selectmen September 21, 2009 Police Chief or one of his officers should be present. Selectman Dormitzer stated that he is looking for a compelling reason to make the change [of the road]. He does not feel the Department gains enough considering all of the opposition. He would rather see things stay the same with maybe slight modifications. Selectman Carr added that it sounds very clearl that there is a public safety issue and that needs to be addressed as well. Selectman Quigley stated that she agrees with Selectman Dormitzer. Selectman Koed stated that he feels the Board should be looking at a sidewalk and a guardrail improvement. Selectman Koed feels what the Water Department is proposing for a shorter route makes sense. Chairman Carlson agrees with Selectman Koed and does not feel moving the road would have a large impact on public safety. He does however want to look into making the intersection safer. Mr. Pratt suggested a committee be formed consisting of Selectmen, Water Commissioners, residents of the area and members of the School Committee to look at the safety and then come back to the Board with a constructive suggestion. Selectman Quigley asked what the new time constraints would be. Mr. Stevens feels confident that he can keep moving until the other issues are settled. Chairman Carlson feels the Safety Committee is separate from the access road. After a brief discussion, it was decided that that the safety issues should be resolved before a decision is made about the access road. Chairman Carlson suggested they take the idea under advisement to create a Safety Committee. Mr. Pratt offered to start putting the committee together. Review of Final Parking Regulations Recommendations — Selectman Koed moved to approve to replace or refurbish (2) signs at the main entrance of Sandy Beach and they will exclude the fine. Selectman Quigley seconded the motion and the vote was unanimous (5). Selectman Koed moved to add (2) permanent signs (attached to the fence) that read: "No Parking Either Side - Tow Zone" and to re-stencil the road on the Cunningham Bridge "No swimming/No jumping" —on both sides of the road. Selectman Dormitzer stated that he lives in that area and objects to the signs reading "Tow Zone". Selectman Koed suggested that perhaps someone could park there to fish—even if they are from out of Town. After further discussion, the Board agreed to contact the abutters for input and hold off on the vote. Selectman Koed moved to approve the re-stenciling the road on Cunningham Bridge to say "No swimming/No jumping on both sides of the road. Selectman Quigley seconded the motion and the vote was unanimous (5-0). On Margin Street, it has been recommended to add (2) "No parking this side" signs to sidewalk side of street. Selectman Dormitzer said that he needs to go out and look at the site. Mr. Griffin stated that this suggestion is based on public safety. The Board will go out and look at the site and will hold off on voting. The Board reviewed the many recommendations for the Government Island area. One recommendation is to put 6 signs in the upper lot at light keeper's house that state "Parking by permit or for light keeper functions only — Tow Zone". Selectman Dormitzer is against the use of "Tow Zone". Selectman Quigley stated that she had spoken with Dick Avery who is the Chairman of the Lightkeepers Association and he stated that he is in favor of the signs saying "Tow Zone". After further discussion, the Board agreed to remove the words "Tow Zone" from the signs in the upper lot, but keep "Tow Zone" on the lower portion of Government Island. Selectman Koed moved to approve all 9 Government Island recommendations as amended. Selectman Carr seconded the motion and the vote was unanimous (5-0). The Cohasset Village recommendations will be held until the Board hears from the Chamber of Commerce. The Board will wait to make the recommendation on Border Street until the residents have been contacted. Update on Status of Sandy Cove Access—Selectman Dormitzer recused himself from the discussion and moved to a seat in the audience. Chairman Carlson stated that he had a meeting with Dr. Connolly on July 24t" and discussed the concept of an easement and a license. Dr. Connolly was then going to go back and draw up a license and the Town would draw up an easement. The final version of the Town's proposed easement was sent to Dr. Connolly on August 91". The Board had not heard from Dr. Connolly Selectmen—9.21.09-JBO 4 Minutes—Board of Selectmen September 21, 2009 until the last few days. Dr. Connolly informed Chairman Carlson that his Attorney was drafting up the license now and would like to discuss this with Mr. Greaney. It is then his hope to have the revision in the next few days to the Board. Chairman Carlson stated that he feels the process is moving forward. Selectman Carr stated that there is a Fall Town meeting coming up and he hopes that they [Dr. Connolly and Mr. Greaney, etc.] will give them something quickly for the Board to review so they don't miss a deadline for Town Meeting. Selectman Quigley stated that she would be In favor of giving them a deadline. She feels if they don't, that the issue could go on forever. She asked if the Board should even consider a license. Chairman Carlson asked if Town Counsel, Attorney Lou Ross, could address this. Attorney Ross explained the difference between an easement and a license. An easement is an interest in real property and is permanent and registered at the Registry of Deeds. A license is revocable at will. Mr. Griffin stated that it his understanding that the land owners do not want any permanent encumbrances on their properties and that they are hoping that the Town will eventually find a permanent solution to the Treat's Pond situation. Selectman Carr stated that they have been working hard with the Attorneys and the land owners and they know what language needs to be in there for the Town to agree to a license. He feels that anything less than that would be disingenuous. Selectman Koed stated that the Board knows that this is a public safety issue. He would like to get a camera down the pipe to see what if anything needs to be repaired. He asked if the Board needs the land owner's permission to do so. Attorney Ross said that he did not think so, but it would be worth asking for [permission or language in the license]. Selectman Carr asked if the license could be drafted by the next meeting. Attorney Ross said that it could be as it is nearly done. Chairman Carlson suggested the Board put this on the agenda in two weeks and let the land owners know that if at that time things have not moved forward further, the Board will take action for Town Meeting. Mr. Griffin reminded the Board that language for such articles already exists. Speaking as a private citizen, Ralph Dormitzer stated that he feels the Board does have the right to send a camera down the pipe. Attorney Ross does not recollect that right, but will look into it further. Selectman Quigley asked for copies of the deeds of the land owners along the access. Mr. Peter Whittemore of 47 Elm Court asked a series of questions of the Board. Mr. Dormitzer asked that those affected by a possible Town Meeting be invited to the next meeting where this will be discussed. Chairman Carlson asked that this be placed on the October 51n agenda. Selectman Carr moved to adjourn the meeting. Selectman Koed seconded the motion and the vote was unanimous(5-0). Meeting adjourned at 1013M. Respectfully submitted, Paul Carlson Chairman Selectmen—9.21.09-JBO 5