Town of Hanson - Board of Selectmen
Meeting Minutes – Hanson Town Hall
September 28, 2010 – 7:30 p.m.
Members Present: Christopher Colclough, Stephen Amico, James Egan, Donald Howard and David Soper
Members Absent:
Others Present: Rene’ J. Read, Town Administrator and Executive Assistant Meredith Marini
I 7:35 p.m.~~~~~~~Chairman Colclough called the meeting to order. Chairman Colclough welcomed the members of Boy Scout Troop 34, who lead the Pledge Allegiance. Chairman Colclough read the announcements and upcoming meeting schedule.
II MINUTES
June 22, 2010
August 24, 2010
September 14, 2010
MOTION by Amico, second by Howard to approve the minutes of June 22, 2010,
August 24, 2010 and September 14, 2010 as presented. Voted 5 - 0
III TOWN ADMINISTRATOR REPORT
Mr. Read reported that Assessor, Cindy Long, informed him that the Town of Hanson Fiscal 2011 tax rate has been certified at $12.10 per thousand.~ For comparison purposes, the Town of Hanson Fiscal 2010 tax rate was $11.98. The values are virtually unchanged.~ The average single family dwelling’s bill (based on an average value of $325,500), in FY 2010 was $3,899.49 and FY2011 will be $3,938.55
Fire Department - Fire Chief has asked that the Board vote to adopt the provisions of MGL 48,
Section 59A, which addresses mutual aid.~ Mr. Read concurred with the Chief’s recommendation.
MOTION by Amico second by Howard to adopt MGL 48, Section 59A relative to Mutual Aid agreements. Voted 5 - 0
Mr. Read read a letter from Paula Paylor of 36 Stonebridge Drive dated September 20, 2010:
Dear Board of Selectmen:
On July 10, 2010, I was pinned between my parked car and another moving vehicle. ~Within three minutes, Charley Barends, Tim Royer, and John Rothwell were among the first responders. ~Paul Proudman and Gary Smith followed immediately. ~The quick response demonstrated by the Hanson EMTs and the fire department, their professionalism, and training, not only saved my right leg from amputation, they saved my life. ~Within thirty-five minutes, I was med-flighted to Mass General.
One hopes they never need the services of this department, but one never knows. ~The residents of Hanson should be proud and confident. ~This group of professionals deserves the support and praise from all residents.
My family and I will always be in debt to this well trained, compassionate department.
Respectfully,
Paula Paylor
Mr. Read extended his thanks to the Fire Fighters.
RFPs – Mr. Read reported that the Ambulance Bids are due on Thursday, September 30, 2010 at 2:00 p.m. The deadline for the Cell Tower Bids have been extended to Friday,
October 29, 2010 at 12:00 p.m.
IV NEW BUSINESS
Appointment of New Police Officer ~ Chief Savage informed the Board that due to the resignation of Patrolman Brian Kenny, a vacancy was created. Consequently, he formed an assessment panel and four candidates from the current auxiliary force applied for the position. The Chief indicated that all four candidates were qualified. The assessment panel ranked the candidates and the Chief is recommending that the top ranked candidate, Michael Bearce, be appointed as patrolman. Town Administrator Rene’ Read concurred with the Chief’s recommendation. The Chief indicated that Mr. Bearce has been a dispatcher for five years. Mr. Bearce has a strong work ethic and is able to multi-task. The Chief indicated that Mr. Bearce will be a good fit for the department. The Chief
requested that the appointment be effective November 8, 2010 which will afford him time to fill the dispatch position Mr. Bearce will be leaving.
MOTION by Amico, second by Egan to appoint Michael Bearce as a patrolman effective
November 8, 2010. Voted 5 - 0
Request from Troop 34 to use the Town Hall Green for Pumpkin Sale October 9 – 11, 2010 – Scoutmaster Dave Winter informed the Board that the Troop hopes to have enough pumpkins to sell through the weekend.
MOTION by Amico, second by Egan to grant Troop 34 permission to use the Town Hall Green on October 9, 10 and 11, 2010 for a pumpkin sale. Voted 5 - 0
Vote New Pole Location – Union Park Street – Mr. Read reported that he conducted a hearing on Monday, September 27, 2010 at 10:15 a.m. Abutter Donald Ellis attended the hearing. All the other abutters were notified. The Highway and Water Departments forwarded their approval prior to the hearing. Mr. Read recommended that the Board vote to approve the petition with the condition that National Grid and Massachusetts Electric notify both the Highway and Water Departments when the installation will commence.
MOTION by Amico, second by Howard to allow the installation of two poles on Union Park Street as outlined in the petition and as recommended by the Town Administrator. Voted 5 - 0
Margaret McLaughlin request to use Town Hall Green Sat. Oct. 16th for annual Public Square Rosary
MOTION by Amico, second by Howard to grant Margaret McLaughlin use of the Town Hall Green on Saturday, October 16, 2010. Voted 5 - 0
Appointment to the Historical Commission – Stephen Kemmett 83 Bay State Circle has submitted an application for appointment to the Historical Commission. Mr. Kemmett will be filling a vacancy with a term to expire June 30, 2013.
MOTION by Egan second by Amico to appoint Stephen Kemmett to the Historical Commission, term to expire June 30, 2013. Voted 5 - 0
Vote to Accept gift from Robert Sutter ~ Mr. Read informed the Board that Robert Sutter offered a gift of $6,500.00 to purchase permitting software which will assist in the inspectional services departments.
MOTION by Amico, second by Howard to accept the generous gift of $6,500.00 from Robert Sutter. Voted 5 - 0
Vote Indian Head Green School Grant Applications ~
MOTION by Howard, second by Egan to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest dated September 22, 2010 for the Indian Head School located at 726 Indian Head Street which describes and explains the following deficiencies and the priority category for which the Whitman Hanson Regional School District may be invited to apply to the Massachusetts School Building Authority in the future repairs to its leaking roofing system under Priority 5; and hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building
Authority, or commits the Whitman Hanson Regional School District to filing an application for funding with the Massachusetts School Building Authority.
Facilities Director Ernie Sandland explained the project. Mr. Sandland indicated that slates have been falling from the Indian Head School roof for over a year. The staff has roped off the area to avoid injury. Mr. Sandland indicated that while the application does not guarantee funding for the project, the project meets several criteria and has a good chance of success. They are looking to rehab the gym and main building roof. Voted 5 - 0
V ONE DAY LIQUOR LICENSE
Jennifer Brogan, Fall River, Sat., Oct. 2nd 6:00 p.m. – 11:00 p.m. – Wedding
Christine Miller, Warwick, RI, Sun., Oct. 3rd 2:00 p.m. – 7:00 p.m. – Anniversary
Erin Donnelly, Holbrook, Sat., Oct. 9th 3:00 p.m. to 8:00 p.m. – Wedding
Nadine Rooney, North Carver, Sun., Oct., 10th 5:00 p.m. – 10:00 p.m. Wedding
Joanne Blauss, Hanson, Friday, Oct., 15th 6:00 p.m. – 10:00 p.m. Vendor Night
Alaina Leonard, East Bridgewater, Sat., Oct. 16th 3:30 p.m. – 8:30 p.m. Wedding
Nancy Acorn, Rockland, Sun., Oct. 17th 12:00 p.m. – 5:00 p.m. Wedding
Kim McKenna, Hanson, Sat., Oct. 23rd 6:00 p.m. – 11:00 p.m. Wedding
Jim Flanagan, Hanson, Fri., Oct. 29th, 7:00 p.m. – 12:00 a.m. Halloween Party
Jessica Salvati, Rockland, Sat., Oct. 30th 5:00 p.m. – 11:00 p.m. Wedding
Vanessa Titang, Revere, Sun., Oct. 31st 12:00 p.m. – 5:00 p.m. Wedding
MOTION by Amico second by Egan to grant the one day liquor licenses as presented.
Voted 5 - 0
VI OLD/UNFINISHED BUSINESS
Response to Dean Anderson inquiry dated July 27, 2010 ~ Mr. Read read into the record his response to Mr. Anderson:
Dear Mr. Anderson,
I am writing you with regard to a series of statements regarding building and zoning enforcement issues your read at a Board of Selectmen’s meeting on July 27, 2010, and delivered to our office on August 5, 2010.
As you know, several of the items you mentioned therein predated the arrival of the current Building Inspector, Bob Curran or I to our respective positions. As such, we are unable to offer any insights with regard to the processes followed (or lack thereof) or rationale associated with the decisions made (or not made) by the previous Building Commissioner.
Of the numerous points you raise, only some are in need of a reply since the remaining statements you make are just that – statements (which is not to say that they are based on fact but rather are your own subjective opinion). With regard to the other points mentioned therein, the Building Commissioner and I have conferred on these matters and offer the information below in reply.
In the first series of statements you make, items 1-11 appear to all relate to a fence issue and a remodeling project (a bathroom) which you contend had no permit issued. In fact, a permit for the bathroom remodeling project was issued on May 10, 2010. With regard to the fence, the previous Building Commissioner had suggested that fence location was acceptable however; a survey performed after the construction of the fence depicted the fence encroaching upon a paper street. Subsequent to that survey, the owner of the fence agreed to move the fence. Therefore, both of these issues have been adequately resolved.
Item 12 appears to relate to a septic system issue which I understand is currently being handled by the Board of Health. I have spoken with the Chairman of the Board of Health and he has advised me that this matter (a gray water pit) does not pose the same level of potential environmental threat that existed at your property. The Board of Health is in the process of pursuing compliance at this property through the use of Town Counsel. As you know, the property owner is in the process of trying to achieve compliance however, your repeated appeals of the various applications associated with this process has slowed this process thus extending the typical timeframe associated with concluding this type of project.
The next series of statements (items 1-20) appear to all relate to another neighbor and concern the construction of a garage. As you know, the majority of issues also occurred during the tenure of the previous Building Commissioner.
With regard to your statements made in items numbered 9-11, 15 and 18, I have conferred with the Building Commissioner on these issues and he has advised me that a special permit must be recorded within 24 months. In this case, the property owner failed to record the decision however; the property owner did act on the rights granted by the Board of Appeals prior to the conclusion of the 24 month deadline and the decision has since been recorded. Further, the Building Commissioner has stated to me that the structure you refer to as a “shed” is actually part of the rear of the garage on the property (which has a foundation and is attached) and is therefore not considered a “shed” nor is it considered a violation. Therefore, these issues have all been adequately resolved.
With regard to your statements made in items numbered 12 and 13, I have again conferred with the Building Commissioner on these issues and he has advised me that when the owner purchased this property, it contained two principle buildings on a small lot. The owner sought permission from the Board of Appeals to attach one of the buildings to the other and as a result of their approval of this request, the owner now has a property that resembles a single family home and is a structure that now meets the building code.
With regard to your statement made in the item numbered 14, as I previously noted, that issue predated the arrival of the current Building Inspector and as such, we are unable to offer any insights with regard to the processes followed (or lack thereof) or rationale associated with the decisions made (or not made) by the previous Building Commissioner.
With regard to your statements made in items numbered 19 and 20, I have again conferred with the Building Commissioner on these issues and he has advised me that on May 24, 2010, a permit was issued thereby allowing the property owner to complete the work. The Special Permit for this project was not recorded and the prior Building Commissioner did “stop work” on this project however, the prior Building Commissioner allowed the project to resume pending a stock list submittal to the Building Department. Again, since these decisions predated the arrival of the current Building Inspector, we are unable to offer any insights with regard to the processes followed (or lack thereof) or rationale associated with the decisions made (or not made) by the previous Building Commissioner. Nonetheless, the
property owner has recorded the Zoning Board of Appeals decision and has been issued a new permit to complete the project.
In summary, when the current Building Commissioner started employment with the Town of Hanson, numerous violations existed on properties along Ocean Avenue. Mr. Curran has met with the State Building Inspectors and worked to solve all of the issues there with the exception of the issues at 51 and 62 Ocean Avenue which are now in litigation. As you know, those are both properties owned by you.
Within your series of statements, you have attempted to assert a claim that the Town employs a strategy of selective enforcement. This is not an opinion that I share nor would any reasonable person reviewing the town’s recent building and zoning enforcement record. I have reviewed a number of zoning and building violations throughout the Town of Hanson that Mr. Curran has pursued since his arrival here and the clear majority of which have all been adequately addressed by the respective property owners. Only a small number of property owners have not yet achieved compliance but are in the process of doing so. Simply put, there is no evidence that you are being singled out via “selective enforcement” as you have tried to imply.
Typically, zoning, building code and conservation enforcement are complaint driven processes. If a neighbor sees what they perceive as a potential violation, a call is placed to the respective office and an investigation is performed. I have found no instance where any of your complaints (against either Town of Hanson, town officials or neighbors), letters, or requests have been filed in any context other than that of some form of retribution for actions taken against you for various violations you have committed. That said, as I have tried to carefully explain to you on repeated occasions, it has been my impression over the last several months that you alone hold the key to
achieving compliance with any of the issues associated with your own property. I have discussed with you that it appears you are attempting to portray yourself as some sort of victim in the various cases the Town has against you and vice versa when in fact, they were all brought forth as a result of your own misdirected actions.
As I have also stated to you, if you were to achieve compliance with regard to the various violations that you have committed, the Town of Hanson would have no reason to continue notifying you of said violations and, ultimately, pursuing these matters in court. Yet you still continue to show disdain for the Town of Hanson regulations, and most recently the Massachusetts Housing Court, by choosing not to comply with the rules and spending inordinate amounts of time arguing seemingly frivolous points when all of that same energy could be put toward a more positive and productive goal of simply following the rules.
As you know, you are embroiled in a series of law suits and countersuits with not only the Town but your neighbors. You have also stated publicly that it is your intent to force the town to continuing spending money to defend your claims. I think it is safe to surmise that the Town of Hanson has grown tired of these antics.
The questions you should ask yourself, Mr. Anderson, are what do you hope to gain by any of this? Wouldn’t it be easier to simply follow the same rules that have been applied equally to the
vast majority of Hanson’s citizens – most of whom seem to grasp these simple concepts? I can find no rational reason why the Town of Hanson should continue to engage in this ridiculous charade at the expense of the citizens simply because you don’t like to hear the word “no.”
Thank you for your time and attention.
VII COMMITTEE REPORTS – Winter Street Bridge project – Mr. Howard reported that project is moving along and he expects the project to be completed in October. Maquan School Building – Mr. Amico reported that a number of parents attended the open house at Maquan and were made aware of several issues with the building.
VIII EXECUTIVE SESSION – Chairman Colclough announced that the Board would be going into Executive Session to discuss strategies regarding pending litigation.
MOTION by Amico, second by Egan to go into Executive Session discuss strategies regarding pending litigation. Roll Call Howard Aye, Amico Aye, Colclough Aye, Egan Aye and
Soper Aye. Voted 5 – 0.
8:15 p.m. Brief Recess
8:26 p.m. Returned to open session
IX ADJOURNMENT
MOTION by Egan, second by Howard to adjourn. Voted 5 - 0
8:36 p.m. Meeting Adjourned
Respectfully submitted,
Meredith Marini,
Executive Assistant
Approved and Voted 4 – 0
October 19, 2010
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