BOARD OF SELECTMEN

NOVEMBER 21, 2006

Present: Paul T. Reidy, Chairman; Shawn Harris, Richard W. Murray, Joseph P. Norton, James E. Pollard

Richard H. Agnew, Town Administrator

Press: Scituate Mariner

1. The meeting was called to order at 6:38 PM.

2. ACCEPTANCE OF AGENDA

Mr. Harris made a MOTION that the Board of Selectmen VOTE to ACCEPT the Agenda for November 21, 2006. SECONDED by Mr. Pollard. No discussion. Unanimous vote. (5-0)

3. PENDING LITIGATION (Executive Session)

The Board of Selectmen entered into Executive Session for purposes of Pending Litigation and returned to Regular Session at 7:22 PM.

4. REGULAR SESSION CALLED BACK TO ORDER/ Walk-In Period

Regular Session was called back to order at 7:22 PM. There were no Walk-Ins this evening.

5. VOTE/ DRAINLAYER’S LICENSE

Mr. Frank Devine, partner of Mr. Thomas Driscoll, was present at tonight’s hearing. Mr. Driscoll, applicant, was unable to attend. Mr. Norton asked if this license was being applied for because Mr. Driscoll has a job “lined up” right now? Mr. Devine answered “yes”, a sewer connection for Mr. Tarantino on Satuit Trail. Mr. Driscoll is applying for this license because of this specific job. Mr. Norton does not have a problem if the drainlayers only want to do one or two jobs in Scituate. Mr. Reidy stated that the Selectmen want to guard against the list of drainlayers in Scituate becoming too long. Mr. Harris asked why the Performance Bond section of the application was not filled in? Mr. Devine stated that Mr. Driscoll did not take out the Bond in advance of the receiving the license. If the license is granted, a Bond must be in place to do work in Scituate. Mr. Pollard asked for an updated list of drainlayers and the current fee being charged. Mr. Pollard asked who checks the drainlayers’ references? Mr. Agnew answered “the Sewer Division supervisor”. Mr. Pollard would like to understand the process completely in order to properly license applicants.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to GRANT a drainlayer’s license for Thomas J. Driscoll, 968Central Street, East Bridgewater, MA. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Al Bangert, Ombudsman, wants to speak this evening about three areas affected by the Greenbush Line. Hollett Street will be striped and opened by tomorrow afternoon. North Scituate will be paved tomorrow, the lights changed on Friday and the barriers moved. Mr. Reidy asked if Mr. Agnew had received the environmental report back from DEP on this area? He is fearful that the area will simply be paved over. Mr. Bangert stated that the study area is “well away” from the area Mr. Reidy is concerned about. Mr. Reidy asked if the drainage work to be done in front of Mary Lou’s News, as outlined in the Capital Plan, would be done at the same time as the other work? Mr. Bangert answered “yes” and that the MBTA is working with Mr. Breen on coordinating the projects.

Henry Turner Bailey Road/ Route 3A - The Town is paying for this work via the Mitigation Agreement. The Town asked the MBTA to improve this intersection. It will be changed to a “T” shaped intersection with a traffic light. The Town reviewed the 90% design in January 2005. Rizzo, Cashman Balfour Beatty’s (CBB) engineering group, requested an Order of Conditions in September 2006. Rizzo met with the Conservation Commission in October 2006. The Commission asked that Rizzo change their plans for the intersection. Rizzo feels that the Commission’s request goes far beyond what is necessary. The MBTA is saying that they have completely engineered this intersection and are not willing to “re-engineer”. They will not pay for additional engineering. Mr. Bangert senses that there soon will be an impasse on this intersection. If the plans are not finalized and ready to move forward – the MBTA will simply move out of this area. This is a mitigation area;. An area that the Town asked the MBTA to re-design. Mr. Bangert would like some guidance from the Selectmen on how to move forward. Will the Town pay for a new design or let the MBTA build it “as is” and the Town can make improvements at a later date? Mr. Murray asked if the applicant for the Order of Conditions, at this location, is the Town or the MBTA? Mr. Bangert answered “the Town” and the work is being paid for by MBTA mitigation.

Mr. Pollard noted that it seems like the problem arose at the last moment. The Town was given 30%, 60% and 90% designs along the way – did the Conservation Agent respond to any of those designs? Mr. Michael Clark and Mr. Mark Stewart, members of the Conservation Commission, stated that neither had seen the 30% and 60% designs. Mr. Vin Kalishes, Conservation Agent, was not present at tonight’s meeting. Mr. Clark stated that projects such as this go to a public hearing process according to the Wetlands Protection Act. Mr. Pollard believes the Conservation Agent should have looked at the designs well before this date. Mr. Clark stated that the Commission was asked to review the drainage issues in this area. Mr. Reidy noted a discussion that had taken place regarding the reduction of asphalt in this area. Mr. Bangert believes Mr. Matt Lundsted, CEI, reviewed the designs. Mr. Agnew asked how Massachusetts Highway issues are addressed as to what will and what will not be allowed along this State Highway? Mr. Clark stated that the Commission is not outlining specific techniques to solve the problems. They are asking that the engineer come back to the Commission with upgraded “best practices”. The Commission also has some concerns with the large “Welcome to Scituate” sign on Route 3A.

Mr. Norton believes this all comes down to a money issue. Mr. Agnew stated that the Town does not have money for this project. Mr. Clark noted that the drainage system goes from the intersection into the Bound Brook. Bound Brook is a perennial stream that is impacted by roadside drainage. The Wetlands Protection Act requires that the MBTA do improvements to the “maximum extent possible”. If they cannot make such improvements, they must document why they cannot. The MBTA has said they do not have to do anything. Mr. Clark believes there are some solutions that could be implemented. The Commission does not feel the design engineer has met the necessary design standard that would be needed for the Commission to issue an Order of Conditions. They have also not demonstrated why they cannot meet a “best practices” design standard. The Rizzo group did not attend the Commission’s public hearing on this matter. The Commission has issued an Order of Conditions based on how the engineer should meet the standard.

Mr. Reidy asked if this should go back to the Rizzo group at this point? Mr. Clark believes it should; the Commission is simply looking for some improvements. Mr. Bangert can ask the Rizzo group to look at the Order of Conditions and the suggested improvements. Mr. Murray believes it is “a shame that we are at the 90% design phase and this has not been fully addressed”. He hopes that in the future the Commission will be more proactive when receiving percentage design plans. Mr. Clark believes it would cost less than $10,000 to make the necessary improvements. Some grant money has been received by the Town that might be able to be used. This is an opportunity to improve on what is currently there. Mr. Conway, Conservation Commission, noted that there was no discord during the meeting when the engineer was actually present. A letter received from the MBTA, at a later date, caused the disagreement. Mr. Conway asked if there is a “sign off” procedure on percentage designs? Mr. Bangert answered “yes”, each Department has to “sign off” at each level. Mr. Reidy asked Mr. Bangert to convey the Town’s needs regarding this area to the MBTA’s engineering group.

Mr. Murray asked that Mr. Agnew review the “sign off” procedure at the Town level. Mr. Agnew understands that various Departments are asked to make comments on percentage designs, which are then compiled by the Ombudsman and forwarded to the MBTA. Mr. Clark noted that storm water standards have changed from the time the original designs were put forward.

7. VOTE/ HISTORIC RESOURCES TRUST/ Cudworth House Roof

Mr. Agnew stated that roof repairs are needed at the Cudworth House. There are some funds leftover from the Lawson Tower project that could be used for the repairs. The Selectmen would need to vote to transfer these funds over. Mr. Pollard asked Mr. Agnew to find out how much remains in the Historic Resources Trust. Was the project put out to bid? Mr. Agnew believes only one quote was received from a contractor. Mr. Reidy stated that the contractor is a “historical contractor” and that may be a requirement of the job. Mr. Norton and Mr. Harris believe there are other competent roofers in Town that could do the job. No vote was taken this evening.

8. DISCUSSION/ FIRST CLIFF/ Sunset Road area/ Edward McLaughlin

Mr. Edward McLaughlin, a resident and builder for the past thirty years, and Ms. Mary Jenkins, 22 Sunset Road, were present at tonight’s meeting. Ms. Jenkins is an abutter to the subject property and will convey neighborhood opinions, as well. Mr. McLaughlin stated that he has had two parcels, containing approximately four acres of land, on Sunset Road under agreement for three years with the MacDonald family. He would like to propose that the Community Preservation Act Committee(CPAC) consider buying this property as open space for the Town. He has made an initial presentation to the CPAC. There is some speculation on whether this property can be developed or not. Mr. McLaughlin believes it can be developed. The lots have frontage on Sunset Road. He would like the Town to have “the last crack” on the last four acres of open space in the Harbor. He is interested in seeing what can be done for the neighbors and can also benefit the Town.
Mr. McLaughlin stated that this is the manner in which he has operated his business over the years. He believes less is more in terms of the number of houses built. He noted that as a developer, he recently improved a water line on Tilden Road.

Mr. McLaughlin believes the property on Sunset Road would be a wonderful opportunity for a Town park. Mr. Norton noted that the Selectmen would not be making a decision on this matter this evening – this is strictly an informational session. Ms. Mary Jenkins stated that she resides at the end of Sunset Road and is the fifth generation to live there. First Cliff was originally developed by mossers. The bridge on the causeway was not built until the 1850’s. The MacDonald family are the only ones that have any land left in this area. She believes this is an incredible opportunity for the Town and will truly define the way the Harbor looks fifty years from now. More specifically, it is the peninsula area that almost divides the Harbor in half and is easily viewed when sitting at the Mill Wharf Restaurant. Ms. Jenkins stated that she was asking the Selectmen, as a resident and owner/heir of the property, to work with other Town boards “to make this happen”. She said the “final numbers are negotiable”. Ms. Jenkins noted that this property could be connected with the Scituate Marine Park via a boardwalk. The Trustees of Reservations has walked this property with Ms. Jenkins and are interested in helping to manage it.

Mr. Murray asked if any Town departments had “weighed in” on the buildable/non-buildable aspect of this proposal? Mr. McLaughlin answered “not yet”. He pointed to the map and the road that had been laid out in the 1930’s. It would be considered “pre-existing, nonconforming frontage”. Mr. Murray asked how many homes could be built there? Mr. McLaughlin answered “three, possibly four” and he cautioned that another developer could “do something a lot different”. Mr. Murray appreciated getting the information on this proposal in the early stages. Dr. Hart Peterson, president of the First Cliff Association, which represents fifty families in this area, stated that the group voted unanimously that this land remain undeveloped. They would like to see the environment and the character of the Harbor preserved in perpetuity. He noted that the Stellwagon Bank group is also interested in the property. Mr. Conway, Conservation Commission, asked if the First Cliff Association would be willing to buy the property and put it into a trust? Dr. Peterson stated that unfortunately the group’s dollar amount would “be shy by a few decimal points” from the asking price. Mr. Reidy thanked everyone for attending tonight’s meeting. He noted that there have been some recent discussions on the amount of CPC money spent in the West End and maybe the Harbor area should be examined. Mr. McLaughlin hopes that other developers will think along these lines and speak to the Town first.

9. DISCUSSION/ NO DISCHARGE AREA/ Waterways Commission

Mr. Howard Kreutzberg, Chairman of the Waterways Commission, Mr. William Schmid, Vice Chairman of the Waterways Commission, Mr. Mark Patterson, Harbormaster, and Mr. Jason Burtner, Coastal Zone Management, were present at tonight’s meeting. Mr. Schmid read an overview of the No Discharge Area (NDA) project. Testing was done in Scituate Harbor this past summer and, as in past years, the standard was not met. The NDA project will be an initial step towards educating the general public. He noted that there are currently eight NDA’s in Massachusetts and the goal is to increase the area to include from Bourne to Cohasset. This would mean no discharge, of any kind, in the designated areas. The law currently reads that some treated materials are admissible. The new designation would not allow any dumping. It was noted that Duxbury would be included in this new grouping. Mr. Norton asked if the Town’s sewer treatment plant would realize any impact from this program? Mr. Burtner answered “no”. Mr. Murray noted that the NDA does not apply to bilge water. Mr. Norton asked if there was a “down side” to this program? Mr. Schmid has not found one. The Town of Plymouth recently endorsed the program. Mr. Reidy asked who would enforce the NDA? The Harbormaster, Environmental Police and the Coast Guard. Mr. Kreutzberg stated that better pump-out facilities would be offered to boaters. A new pump out facility will be added at Cole Parkway. Discussion continued on the need to better educate the public on this subject. Mr. Pollard supports this concept and asked where the effluent from the pump-out facilities would go? Mr. Schmid stated that the effluent from the pump-out facilities and from the boats goes to the sewer treatment plant. Mr. Murray noted that public meetings on this topic will be held and the NDA would not be implemented until 2008. A sufficient number of pump-out facilities need to be in place prior to its implementation. He further stated that this is not an “enforcement item”. We simply want to make Scituate Harbor as clean as possible for our sailing programs, etc. Mr. Burtner stated that this will be a Federal program under the EPA and a provision within the Clean Water Act. Mr. Reidy asked where the NDA zone ends when a boat exits the Harbor? Mr. Burtner stated that currently, the zone ends one to one and one half miles offshore. He was uncertain where the new designation line
would be. Mr. Murray asked if the Harbormaster’s office endorses the NDA or would it be seen as an “undue burden”? Mr. Patterson stated that the Harbormaster’s Office fully endorses the NDA.

Mr. Norton congratulated Mr. Patterson on his recent appointment as Harbormaster. Mr. Reidy thanked everyone for attending tonight’s meeting.

10. APPOINTMENTS/ Water Resource Committee

Mr. Harris noted that every applicant for the Water Resource Committee was excellent. He hopes that applicants will not be discouraged if they are not appointed at this time. Mr. Reidy explained that the Board would entertain nominations and vote on each nomination.

Mr. Norton NOMINATED Mr. Lance Van Lenten. SECONDED by Mr. Pollard. Unanimous vote. (5-0)

Mr. Pollard NOMINATED Mr. Robert Murray. SECONDED by Mr. Norton. Unanimous vote. (5-0)

Mr. Murray NOMINATED Mr. Jeffrey Rosen. SECONDED by Mr. Norton. Unanimous vote. (5-0)

Mr. Harris NOMINATED Dr. Hart Peterson. SECONDED by Mr. Norton. Unanimous vote. (5-0)

Mr. Norton NOMINATED Mr. John Brown. SECONDED by Mr. Harris. Mr. Norton and Mr. Harris voted “yes”. Mr. Reidy, Mr. Murray and Mr. Pollard voted “no”. The vote does not carry. (2-3)

Mr. Pollard NOMINATED Ms. Elise Kline. SECONDED by Mr. Murray. Unanimous vote. (5-0)

Discussion continued on the excellence of all the applicants and the possibility of appointing alternate members. Mr. Norton suggested that the newly appointed Committee make the decision on alternate members. Mr. Reidy thanked all the applicants and reiterated that deciding on only five participants was extremely difficult. Mr. Norton concurred and suggested that Mr. Van Lenten be “acting Chairman” until a new Chairman is voted by the Committee.

The Board designated the following terms: Van Lenten – 3 years, Murray – 3 years, Rosen – 2 years, Peterson – 2 years, Kline – 1 year.

11. ACCEPT RESIGNATIONS / Board of Registrars/ Council on Aging

Mr. Norton made a MOTION that the Board of Selectmen VOTE to ACCEPT the resignation of Anne Torrey from the Board of Registrars and further that Board thank Ms. Torrey for her many years of dedicated service to the Town. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the resignation of Dick Sherrell from the Council on Aging and further that the Board thank Mr. Sherrell for his dedicated service to the Town and the Council on Aging. SECONDED by Mr. Harris. No
discussion. Unanimous vote. (5-0)

12. HISTORIC COMMISSION/ Charge & Announce Openings on Commission

Mr. Murray read the “charge” for the new Commission. The Commission will be made up of five members with staggered terms of one, two and three years. He encouraged interested citizens to apply via letter to the Selectmen’s office.

13. OPEN ANNUAL TOWN MEETING WARRANT/ March 3, 2007

Mr. Norton made a MOTION that the Board of Selectmen VOTE to OPEN the March 3, 2007 Annual Town Meeting Warrant at 9:00 PM and close said Warrant on December 5, 2006. SECONDED by Mr. Harris. No discussion. Unanimous vote. (5-0)

14. OTHER BUSINESS

Mr. Norton asked for an update on educating school age children about the train. Mr. Reidy learned from a Cub Scout group that the spoke to this evening that Safety Officer Wood would be coming to Wampatuck School soon to present a program on the train. Mr. Norton reiterated that this program must reach all the children prior to the first train “rolling”.

Mr. Pollard gave an update on streetscapes work being done in Greenbush.

Mr. Harris suggested that Widow’s Walk Golf Course be free to Scituate residents on Thanksgiving Day. Mr. Agnew stated that tee times have already been booked for that date this year. Mr. Norton suggested that a “free day” be offered to residents in the spring.

Discussion on traffic enforcement officer. Mr. Reidy noted the Traffic Rules and Regulations Committee memorandum reminding that signage and traffic lights are not meant to enforce speed limits. He believes it is extremely important to add a traffic enforcement officer. Mr. Norton and Mr. Murray concurred. Mr. Agnew stated that this position was removed from the Police Department’s budget a few years ago as part of the override. Mr. Pollard expressed a different thought – everyone in a cruiser is a traffic enforcement officer. He would like the statistics on the number of written warnings and citations in Town. Mr. Agnew noted that there is a problem when a traffic officer is designated and still has to respond to calls just like all the other officers. Mr. Reidy reinforced the importance of the position with the train coming. Staffing levels were discussed.

Mr. Reidy referenced grant monies available through the EOEC for bicycle racks. Mr. Agnew believes that the Scituate Rotary Club applied for the same grant is currently building bike racks for the Town.

Mr. Reidy asked that curbside pick-up be a topic at a future Selectmen’s meeting. Mr. Murray expressed an interest in formal Request for Proposals going out to some of the larger companies regarding the operation of the Town’s Transfer Station. Mr. Agnew stated that he and Mr. Harris wanted to speak to the companies first about municipal solid waste, recycling and bulky waste. Mr. Reidy noted the sign posted at the exit to the Transfer Station that says “thank you for recycling and saving the Town $157,00.00”. Mr. Agnew stated that the figure does not include operating costs. Four companies looked carefully at running the Transfer Station, but they could not come close to the price the Town is running it for. Mr. Reidy noted that Plymouth and Braintree are going to curbside pick up. Mr. Pollard stated that he had recently read a newspaper article about Plymouth’s DPW
director’s research on this matter. He offered to contact Plymouth’s director to find out more
information. Mr. Agnew noted that Plymouth runs three transfer stations. Mr. Paley asked what the Town would do with the Transfer Station if it goes to curbside pick-up? Mr. Agnew believes it
would still be used for C & D and bulky waste. Mr. Murray believes yard waste would go there, as well.

Mr. Reidy noted the document on the Sewer Division’s twelve-month rolling averages. It appears that the Inflow & Infiltration (I & I) Program is not effective. Mr. Norton stated that he had originally asked to see this report on a regular basis to see how close the Town was coming to reaching the plant’s maximum level. Discussion continued on the amount of rainwater going into the effluent, which then enters the plant. Mr. Reidy stated that in any given month, “if there is a large rain event, we get crushed”. Mr. Pollard suggested asking Mr. Rowland, Sewer Division Supervisor, to a future meeting to explain the numbers. He would like to support I & I, but he is not seeing the benefits.

Discussion continued on the number of drainlayer applications and the fact that many are not local contractors. Mr. Murray believes the board should be supporting the local contractors. Mr. Agnew noted that many of the drainlayers are just getting the license for one job. There is a concern about the local people getting “backed up” with jobs. Mr. Harris expressed concern over the qualifications of some of the applicants. It was suggested that after the next Selectmen’s meeting, a six-month moratorium be placed on new drainlayer applications.

Mr. Pollard stated that he would follow up with Mr. Agnew on applicants for Town Counsel.

Mr. Murray stated that the ramp supporters forwarded a letter regarding the removal of the granite blocks at Conservation Park. He wants to make certain that particular items have been taken care of at this site well in advance of next summer.

Mr. Murray spoke about the order in which developers come before various Town boards, commissions and committees. He suggested that a policy be formed by the Selectmen in which an order is specified. Perhaps any builder/developer with a sewer and/or water issue should come to the Selectmen first. Mr. Reidy wonders if parking issues should also come to the Selectmen first. Mr. Murray agreed and noted that parking and sewer seem to be the two, big issues. Mr. Agnew stated that State law dictates when an application is received there are only a certain amount of days in which to hold a public hearing, etc. Mr. Pollard suggested that Mr. Agnew get input from the various departments about upcoming projects at the weekly staff meeting. Mr. Agnew knows that various builders/developers have been told to go the Selectmen first, but they do not always do that. Mr. Murray offered to draft a written policy on this topic. Mr. Pollard asked for a list of residences that have tied into sewer over the past three years. Mr. Norton has concerns that residences that are not in failure are being allowed to tie-in. Mr. Agnew reminded that if public sewer runs in front of a property, the owner has a right to tie-in.

15. CORRESPONDENCE – None

16. MINUTES

Mr. Harris made a MOTION to ACCEPT the Minutes of October 17, 2006 and November 13, 2006. SECONDED by Mr. Murray. No discussion. Unanimous vote. (5-0)

17. PENDING LITIGATION (Executive Session)

The Board entered Executive Session via roll call at 9:45 PM and did not return to Regular Session this evening.

18. ADJOURNMENT

The meeting was adjourned at 9:45 PM.

BOARD OF SELECTMEN

__________________________
Paul T. Reidy, Chairman

__________________________
Shawn Harris

__________________________
Richard W. Murray

__________________________
Joseph P. Norton

__________________________
James E. Pollard

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant