Selectmen’s Meeting Minutes of August 24, 1999
Present: Chairman Daniel Webster, Judy Murdoch, Peter Jones, Catherine Kuchinski and Executive Secretary Joseph Nugent.
I. Webster called the meeting to order stating the first item on the Agenda is the request for release from 61A - Rick Connole Lot 1A-2 off Monponsett Street. We have received responses from Assessors, Building, Planning, Treasurer/Collector, Water. Nugent will send a reminder to those who have not responded. Kuchinski would like to look at the entire holdings of that area to know the entire extent of ownership to make a better judgment.
II. Attorney Bowen present from Kopelman and Paige to discuss the Adult Entertainment bylaw.
Attorney Bowen discussed Licensing Vs Zoning
A. Zoning - unless a community has zoning re: adult entertainment then they can go anywhere in a commercial zone. Licensing - if you turn down an applicant the burden of proof is then on the Town for the reasons why they have turned down the license. It is best to use zoning for this type of problem.
Bowen explained that the Town needs to either A. pick a spot to allow Adult Entertainment or B. Set an overlay district and allow special permits, set criteria for special permits ie. 1,000ft from schools and churches. ( the Town has to allow for a spot though it cannot be impossible)
Lindquist asked if the Town could put this into their bylaws instead of zoning bylaws. Attorney Bowen stated that the problem is that you can adopt a town bylaw but it is subordinate to State Laws. Bowen also stated that licensing is a last trench defense, the first line of defense has got to be zoning.
O’Toole reviewed with Bowen that if you put it in a zoning district under Special Permit it is not by right but by Special Permit and if you don’t meet the specified criteria then the Town can turn them down.
Jones - stated that the Town must first decide if they want to do anything about the issue and then they must decide whether it is through zoning with an overlay district or through special permit. There was some discussion over the licensing powers of the Selectmen (Bowen will send a package of information for the Board)
After much discussion the Board thanked Attorney Bowen for his information. Jones asked the Town Planner if she could work out a plan with a map using circles to show where adult entertainment could possible go. The Board agreed to set a meeting date for next week to discuss this issue.
Murdoch is concerned we are rushing through this bylaw.
II. Alan Hanscom - VHB Engineering: present to update the Board on the status of the Plymouth County Hospital Property:
1. All field work is complete - 20 soil samples were taken
a site plan was presented which shows the Underground Storage Tanks
The areas of identified soil contamination are:
1. Tank at the Hospital
2. Maintenance and Shed- Gasoline Contamination
3. Minor Area- Stressed Vegetation
2.Waste Disposal Areas: White Goods and Large Debris in area #1 and #3. Monitoring Well at that location - no significant ground water impact. #6 has a fuel oil release which was reported to the MCP.
3. Buildings- there are identified significant asbestos issues.
Tanks that are contaminated: 2 reportable releases on behalf of Plymouth County Commissioners- basically there was environmental contamination. The County has 60 days to respond with immediate response action plan or take care of problem and document it.
Discussion regarding reuse planning: VHB can use a graphic to help with options. The Board discussed using a consultant for help with the reuse plan that would be beneficial to the Town.
III. Goals and Objectives and Evaluation Tool- add to the next agenda
IV. Murdoch presented a petition article she has been working on regarding the use of Machine Guns in the Town of Hanson. She read the proposed Article to the Board.
V. Accept resignation of William Baldwin effective September 1, 1999. Motion by Kuchinski to accept the resignation, second by Jones. 4-0 Vote.
VI. Request for appointment- Motion by Jones to appoint Virginia Young to the Cultural Council to expire 6/30/01, second by Kuchinski. 4-0 Vote.
Executive Secretary’s Report:
Letters asking the Board for support with staff hours dedicated to the Old Colony Planning Council for a management study of the area. Kuchinski wanted to know if this has been discussed with other Boards and are they willing to dedicate any hours to this project. After some discussion, Jones made a motion to have the Chairman sign the letter of support if Nugent can come up with 84 hours from various related boards, second by Murdoch. 4-0 Vote.
A support letter is also requested of the Board for the Source Water Protection - No services requested. Motion by Kuchinski to sign the letter of support (redating the letter), second by Jones. 4-0 Vote.
Contract for Boat Ramp on behalf of Hanson. The Board agreed to have the contract prepared they must set aside 3 spaces for cars with Trailers, 6 spots for Car Top Boats, and a sign. The Town will maintain the ramp and in return the State will do engineering and supply materials to complete Boat Ramp.
Webster discussed the Boat Ramp specifications regarding the Board of Appeals site plan approval. Motion by Jones to sign the contract, second by Murdoch. 4-0 Vote.
Nugent read a letter from Ed Bates of the Parks and Fields Commission thanking the Board Members for their time and effort but the members of the Parks and Fields have voted to pass on development of this land due to safety issues. Webster thanked the Parks and Fields Commission for their work on this worthwhile project.
Nugent read a letter regarding a 45 Star American Flag used at the Funeral of Charles Atwood who died in 1910. The letter requested that the Board display the flag in the Town Hall. Motion by Jones to accept the flag, second by Kuchinski. 4-0 Vote.
Vote to schedule a recall election- October 30th 10:00 a.m. - 7:00 p.m. Motion by Kuchinski, second by Jones. 4-0 Vote.
Murdoch noted that donations are down this year. The drop off points are Shaw’s, Senior Center and St. Joseph’s Church and the phone # to call is 293-3502.
Webster announced that the Clerical Union Arbitration is scheduled for September 13th. We should prepare an article for the October Special Town Meeting in case we need additional funding for Fridays. Motion by Murdoch, second by Jones to prepare an article for additional funding (as an insurance policy)4-0 Vote.
Webster also mentioned that the Selectmen should begin to work on the search for the Executive Secretary.
Kuchinski asked the Board if the Conservation Commission can hold their scheduled courses in the Selectmen’s Meeting Room. Kuchinski will be attending. The Board agreed by consensus to allow.
Motion by Murdoch to move into Executive Session under #6 and #3, second by Kuchinski. Roll Call Vote: Murdoch, aye; Kuchinski, aye; Webster, aye; Jones, aye.
Kuchinski announced that she and Peter Jones attended the dedication of the Carolyn Moore Ready Conservation Area. It was a great day!!
Motion by Murdoch to adjourn, second by Kuchinski. 4-0 Vote.
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