BOARD OF SELECTMEN

APRIL 15, 2008

Present: Shawn Harris, Chairman; John F. Danehey, Richard W. Murray,
Joseph P. Norton, Paul T. Reidy

Press: Scituate Mariner

1. The meeting was called to order at 6:30 PM.

2. ACCEPTANCE OF AGENDA

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to ACCEPT the AMENDED Agenda for April 15, 2008. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (4-0) Mr. Murray was not present for the vote.

2a. PENDING LITIGATION (Executive Session)

The Board of Selectmen entered into Executive Session at 6:35 PM via roll call and returned to Regular Session at 6:55 PM.

Mr. Murray entered the meeting at 6:35 PM.

3. WALK –IN PERIOD – No walk-ins this evening.

4. VOTE/ DRAINLAYER LICENSE APPLICATION

Applicant was present at tonight’s meeting.

Mr. Danehey made a MOTION that the Board of Selectmen VOTE to APPROVE the application for a Drainlayer’s License for Hanson Fuel Co., Inc., Hanson, Massachusetts and further to authorize the Chairman, on behalf of the Board of Selectmen, to sign the application for this Drainlayer’s License. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

5. VOTE/ OUTDOOR ENTERTAINMENT PERMIT/ 12 Mitchell Avenue

This item will be postponed until May 13, 2008.

6. AWARD CONTRACT/ Marina Improvement Project/ Phase I

Harbormaster Mark Patterson and Howie Kreutzberg, Chairman of the Waterways Commission, were present at tonight’s meeting. Mr. Patterson stated that this contract will cover Phase I of improvements to the Scituate Marine Park. Twenty-five bid packets were picked up by potential bidders, three bids were returned and opened on March 26, 2008. CLE Engineering reviewed the bids, on the Town’s behalf, and recommended awarding the contract to the qualified, low bidder – AGM Marine. The Harbormaster, Department of Public Works and Waterways Commission concur with CLE’s recommendation and ask that the Board award the contract to AGM Marine.

Mr. Norton made a MOTION that the Board of Selectmen VOTE to AWARD the contract for the Scituate Marine Park Improvements – Phase I, Contract No. WY-01-08 to AGM Marine Contractors, Inc. of Mashpee, Massachusetts for a total bid price of $596,330.00 with payment to be made at the unit prices and/or lump sum prices pending receipt of a Certificate of Insurance, 100% Performance and 100% Labor and Materials Bond. SECONDED by Danehey. No discussion. Unanimous vote. (5-0)

Mr. Murray stated that the Harbormaster’s office, Town Hall Departments and the Waterways Commission all contributed “hundreds of hours of work to get this project to this point”. This Park was purchased by the Town in 2004 and there has been steady progress made since that time in regard to planning and eventual implementation of the many facets of this project. Mr. Murray specifically thanked Harbormaster Patterson, Mr. Kreutzberg, Mr. Agnew and Mr. Paul Scott.

7. DISCUSSION/ VOTE/ SEWER TIE-IN / First Parish Road/ Hall Avenue/ B. Sullivan

Attorney Brian Sullivan and his clients, Mr. and Mrs. Richard Ferrini, were present at tonight’s meeting. Mr. Sullivan explained that the Ferrinis would like to request a sewer tie-in for their property fronting First Parish Road. Originally, the Ferrinis lived at 80 First Parish Road in an old Sea Captain’s home, which abuts Hall Avenue (a private way). They sold this home a number of years ago, but kept the subject property. They would like to build a single-family, single-level home at this location and retire in Scituate. The home would be built out of all the “buffer” zones and would require a determination of applicability from the Conservation Commission and eventually, a building permit. A manhole connecting Lantern Lane to sewer is located opposite the subject property. In addition, a neighbor has a sewer spaghetti line that runs along Hall Avenue to First Parish Road. Mr. Harris asked for the length of frontage on First Parish Road? Mr. Sullivan answered 74.47 feet. Discussion continued on ownership of 6 lots on Hall Avenue, easement rights on Hall Avenue and neighbors’ rights concerning Hall Avenue. Mr. Danehey expressed concern over how the lots on Hall Avenue are linked to the lot that fronts First Parish Road. There seems to be a gap between the six lots and the front lot. Mr. Sullivan explained that ownership to the middle of Hall Avenue connects the properties. He understands that this is a “unique” situation. Mr. Danehey agreed that it is “creative way” in which to link the properties. Mr. Sullivan reminded that “law does not contemplate the shape of a lot”. Mr. Danehey is concerned that anyone could buy frontage on a sewer line imply to get a landlocked piece of land sewered. “Hatherly Road would be one example.” Mr. Sullivan noted that this is a request for a single-family home on one lot. Mr. Harris asked if this is a Form A lot? No answer was recorded.

Mr. Norton asked Mr. Sullivan why the landowners would not have gotten all their permits in order to build the house prior to requesting a sewer tie-in? Mr. Sullivan stated that he has already spoken with the Building Inspector in terms of legal frontage. It appears that it is legal to build a house at this location subject to approval from the Conservation Commission and Board of Health. He further stated that installation of a septic system on this property would not be possible due to placement of the house on the lot. Mr. Norton reminded that there are existing homes in Scituate in desperate need of sewerage, never mind empty lots. Mr. Reidy spoke with the Building Inspector about this lot this evening. He (Reidy) thinks the applicant should probably speak with the Building Inspector, then the Conservation Commission and then the Board of Selectmen, as the Sewer Commissioners. “It would make our job easier if they had

already signed off.” Mr. Sullivan stated that the Building Inspector, Mr. Neil Duggan, cannot approve a building permit until he has seen definitive plans. Discussion continued on the required number of feet fronting a sewer line in order to tie-in. It was asked if the Ferrini’s could sell of 10’ of their frontage and allow others to tie-in? Mr. Danehey concurred that it would be a good idea for these applicants to come back after getting approval from the other groups. Potentially, there may be a problem if this property were sold in the future. Discussion continued on possible deed restrictions for this property. Mr. Harris concurred and asked if Mr. Sullivan could speak with Mr. Duggan on this matter prior to returning to the Board. Mr. Sullivan stated that he would do so.

Mr. Murray noted the Selectmen’s Policy asking that larger developments come to the Selectmen first to explain their project. He understands that this is a much smaller project, but thanked Mr. Sullivan for bringing it to the Board’s attention. “In terms of setting a precedent, he would like to have Town Counsel’s opinion on this.” Mr. Norton asked if this Board can impose deed restrictions. Town Counsel could answer that question and whether the other lots could potentially be tied in at a future date. Mr. Norton cautioned that even if a building permit is granted for this property, it does not automatically guarantee a sewer connection. Mr. Sullivan stated that he would get a letter from the Conservation Agent as to what needs to be done at this location. It was decided that this discussion would be continued to the May 13, 2008 Selectmen’s meeting. Mr. Norton asked if a sewer connection is the only option at this location?
No answer was recorded.

8. VOTE/ HAWKER PEDDLER’S LICENSE RENEWAL/ Nona’s Homemade

Mr. Murray made a MOTION that the Board of Selectmen VOTE to RENEW the Hawker/Peddler’s Ice Cream Vendor License for Hingham Yogurt, Inc. d/b/a Nona’s Homemade. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

9. 7:45 PM/ UPDATE/ STATE BUDGET - postponed to May 13, 2008 meeting.

10. PROCLAMATION/ Arbor Day

The proclamation was read by Mr. Danehey.

11. OTHER BUSINESS

Mr. Murray referenced a memorandum distributed by the Department of Public Works regarding water main flushing. Stockbridge Road, the Driftway and the Cliffs will be done anytime between April 14th and May 2nd. This process is done twice a year. Questions should be directed to the Water Division. Mr. Murray noted a recent AP article printed in the Patriot Ledger and the Boston Globe entitled “US Water Systems Need Costly Fixes”. This is exactly what the Water Resource Committee and the Selectmen have been discussing over the past year for Scituate and as it turns out, it is a national problem. Apparently $277 billion is needed nationwide to fix this problem. Mr. Harris noted that Scituate started to address the water infrastructure piece at its recent Annual Town Meeting.

Mr. Danehey stated that a Housing Summit will be held at the Scituate Public Library on Thursday. The consultant will be present and it will be an opportunity to generate ideas for affordable housing in Scituate.

Mr. Danehey noted that the Gazebo on Cole needs some sprucing up.

Mr. Reidy noted the need for volunteer grant researchers and writers. At a recent Traffic Rules and Regulations Committee meeting, concerns were raised about the newly proposed marina in Humarock and the lack of parking. Mr. Murray noted that the Chapter 91 license does not necessarily require public access parking. Mr. Reidy believes it depends on the way the Chapter 91 application was originally filed.

Mr. Norton noted that tonight’s meeting would be the last Selectmen’s meeting for Mr. Reidy. He thanked Mr. Reidy for his service to the Town and the Board for the last six years. He noted Mr. Reidy’s excellent work on the Financial Forecast Committee along with Mr. Frank DiCesare. Scituate’s Financial Forecast puts the Town “way ahead of other towns and puts us in good stead for the future”. Mr. Norton also thanked Mr. Reidy for being a dedicated liaison member to many committees, commissions and boards over the years. “Don’t be a stranger!” Mr. Harris thanked Mr. Reidy and mentioned how easy it always was to contact him (Reidy). “Many members of the Board will miss you.” Mr. Murray noted that the first year he (Murray) was on the Board, Mr. Reidy was Chairman. “I looked up to you from the start. You were a good model and I greatly applaud you.” Mr. Danehey stated that he looks forward to Mr. Reidy being re-appointed as the Traffic Rules and Regulations liaison!

Mr. Norton presented a gift to Mr. Harris as the outgoing Chairman of the Board of Selectmen. It was a difficult year with the Town’s ongoing financial constraints and the start-up of the Greenbush Line. “You took the lead and handled these issues and it was a great year. The year was made easier by your Chairmanship.” Mr. Harris thanked the Board for their kind words and said that their support made his job “easy”. He agreed that there were some difficult meetings “sitting in the center seat”, but he was always able to contact Board members at work and at home and he greatly appreciated that. “It was a group effort.”

Mr. Harris announced that there are two vacancies at the Council on Aging that will hopefully be filled during the month of May.

12. Correspondence – None

13. Minutes

Mr. Murray made a MOTION that the Board of Selectmen VOTE to ACCEPT the Minutes of March 29, 2008 and April 1, 2008. SECONDED by Mr. Reidy. No discussion. Unanimous vote. (5-0)

14. ADJOURNMENT

Mr. Reidy made a MOTION that the Board of Selectmen VOTE to ADJOURN the meeting at 8:05 PM. SECONDED by Mr. Danehey. No discussion. Unanimous vote. (5-0)

BOARD OF SELECTMEN

______________________________________
Shawn Harris, Chairman

______________________________________
John F. Danehey

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Richard W. Murray

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Joseph P. Norton

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Paul T. Reidy

Respectfully submitted,

Kimberley A. Donovan
Administrative Assistant