Town of Hanson - Board of Selectmen
Meeting Minutes – Hanson Town Hall
October 22, 2013
Members Present: Steven Amico, James Egan, Donald Howard and David Soper
Members Absent: Richard Flynn
Others Present: Town Administrator Ronald San Angelo and
Executive Assistant Meredith Marini
I~ 7:35 p.m. Chairman Egan called the meeting to order, led the pledge allegiance. Chairman Egan requested moment of silence for Father Mark Hannon. Chairman Egan read the announcements & upcoming meeting schedule. Mr. Amico invited residents to the upcoming Maquan School Building committee meeting.
II TOWN ADMINISTRATOR’S REPORT - Mr. San Angelo reviewed the Maquan School Building Committee meeting results. The Committee discussed the reasons that the project failed at Town Meeting which included lack of time to educate the voters, the current economic climate and the logistics at Town Meeting. The Committee has requested an extension of time from the MSBA. Due to the MSBA schedule, the extension would not exceed March 1st. Mr. San Angelo worked with the Town Clerk and the Superintendent to set a schedule for the next Town Meeting and potential election. The Committee had suggested that the Town Meeting occur on a Saturday in order to get a larger voter turnout. The
suggested date for Town Meeting would be Saturday, January 25, 2014 with the election occurring on Saturday, March 1, 2014. MSBA has looked at all the options for the school and made the determination that construction of a new school and demolition of the Maquan and Indian Head were the best use of the MSBA funds. Mr. Amico indicated that if the project fails, the Town will go to the end of the line for funding of any project. Repairs will still be needed for both properties. Mr. San Angelo indicated that the $500,000 appropriation for the feasibility study has been spent on this project and new funds would need to be appropriate for any new project.
Highway staffing changes – Mr. San Angelo reported that Highway Supervisor, Richard MacKenzie retired after several years of service to the Town. Mr. San Angelo indicated that the position has been posted and David Hanlon has been hired to replace Mr. MacKenzie, due to his years of experience at the Highway Department. The position of Senior Heavy Equipment operator has been filled by Michael Means. Mr. San Angelo was very happy with the quality of staffing at the Highway Department and was pleased that the employees are willing to move up in the department.
Solid Waste Disposal – Mr. San Angelo indicated that Plymouth County has now started a group of towns interested in working together to provide solid waste disposal. Mr. San Angelo recommended that a meeting with the County Commissioners to discuss the issue.
Review Hanson Strategic Plan Goals & Objectives – Mr. San Angelo indicated that as a result of a discussions at the Department Head Meeting, he requested that the Board to determine their Goals and Objectives prior to distribution to the public. Mr. San Angelo presented the Board with list of suggested goals which included in part stabilized tax rate, affordable housing, improvements to the Transfer Station, beautification of the Town, economic development, quality of educations, activities for seniors. Mr. San Angelo indicated that space would be available for residents to add their own goals.
MOTION by Amico, second Howard to approve the list of goals and objectives as printed. Mr. Soper would like the Board to discuss the Goals prior to sending them out. After brief discussion the Board agreed to send out the Goals and Objectives first and then prioritized the list based on the responses. Voted 4 – 0
III NEW BUSINESS
Road Opening Waiver Request – On October 2, 2013 Kevin Crowley of 639 State Street submitted a request for a waiver to open State Street. Highway Surveyor Robert Brown has denied the road opening permit as State Street has been repaved within the last five years. Mr. Crowley indicated that he and his brother have been in the process of acquiring the parcel for two years. They have recently purchased the property and have begun clearing the parcel and anticipate installing the foundation next week. Mr. Crowley explained that when he was obtaining the necessary permits, including water, he was informed that the street could not be open due to fact that the street had been paved within the last 5 years. The denial of the road opening permit has created a hardship for him as he has
invested a lot of money into the building the house. He has investigated the cost to install a well and it is cost prohibitive. Mr. Crowley assured the Board he will make any repairs to the road in accordance with the Highway Surveyor’s specifications. He has experience in the field from his 15 years of work in Pembroke. Mr. Crowley indicated that other communities allow road opening permits.
Highway Surveyor, Robert Brown indicated there is a five year moratorium and road cuts are only allowed in emergency situations. Mr. Brown noted he would allow cutting at the edge of the road and sending a bullet underground but it is not possible. The cut needs to be made in the middle of the road. Mr. Brown is concerned about the fall out if he allowed the road opening. Mr. Brown pointed out that Chapter 90 funds cannot be used for these repairs. Mr. Amico asked Mr. Brown for his recommendation. Mr. Brown recommended that the Board deny the request. Mr. Crowley indicated that his repair will be as good as the Town’s repair and he would come back in the spring if the repair failed. The Water Department would be doing the work, but Mr. Crowley will pay for the entire
project.
Mr. Crowley noted that the area would only be 3 ½ feet by 3 ½ feet on the far side of the road. He feels that waiting three years is a long time to wait to get water.
Mr. San Angelo is concerned that if the Board approves the request, it will have difficulty justifying denial of future requests. Chairman Egan noted that this is the first time the matter has been addressed at the Board. Mr. Brown indicated that this is the first time he has been requested a waiver. He is in favor of a solution with the exception of going across the road. There will also be a path in the road.
Mr. Howard discussed the process of paving and the necessity of waiting a year to infared the patch, repave and smooth out the patch a year thereafter. Mr. Howard not in favor of dugging up the road, but suggested pushing the pipe and looping from the opposite side of the road.
Mr. San Angelo indicated that if the Board agrees to the road opening, a contract would have to be drafted by counsel indicated that Mr. Crowley will provide all the necessary repairs in the future.
Mr. Amico sympathized with Mr. Crowley situation. He is concerned about future requests and feels the Board should go with the Highway Surveyor’s recommendation to deny the request. Mr. Brown pointed out that previous requests were submitted to the elected Highway Surveyor who denied them. Mr. Brown has denied other requests for services but this is a different situation as construction has already commenced. As the appointment Highway Surveyor, he denied the request, but will defer to the Board if they wish to grant the request.
MOTION by Amico, second by Howard to deny the request for a road opening permit. Voted 4 – 0
Class II Hearing – Class II License request Revel Toney, GIC, LLC d/b/a Upscale Autos at 169A Franklin Street.
MOTION by Amico, second by Howard to open the hearing for a Class II license. Voted 4 – 0
Mr. Amico read the hearing notice:
The Hanson Board of Selectmen will hold a hearing on the request of Revel Toney of 20 Alpine Street, Boston, MA for GIC, LLC d/b/a Upscale Auto’s for a Class II License at 169A Franklin Street, Hanson. Said hearing will be held on Tuesday, October 22, 2013 at 8:00 p.m. in the Selectmen's Meeting Room, Hanson Town Hall.
Mr. Revel Toney indicated that he wants to start a used car business. It is a family owned business. It will be a twenty car license. Mr. Jeff Miller, the property owner, was present and indicated that he has cleaned out the property. Building Inspector Robert Curran was present and indicated that the fence is not up. He recommended that the Board hold the license until the fence is installed. Mr. Soper noted that Mr. Toney is from Boston and asked where the business will be based. Mr. Toney indicated that he will operate in a trailer on the premises. Mr. Toney will be on the premises from 9:00 to 5:00 p.m. Mr. Toney will be repairing the vehicles on the premises. Mr. Miller indicated that he will be restoring the fence in the form of a chain style fence to keep separation
from the businesses. Mr. Miller will be installing the fence this week.
MOTION by Amico, second by Howard to close hearing. Voted 4 – 0
MOTION by Amico, second by Howard to approve the license contingent upon the Building Inspectors approval of a fence. Voted 4 – 0
Livery License – Lifts by Luke 391 Liberty Street, Hanson, MA – Mr. Donald Ford, Jr. submitted a request for a Livery License. This is a new license. Mr. Ford indicated the he would only be operating one vehicle at this time.
MOTION by Amico, second by Soper to approve the Livery License for Lifts by Luke. Voted 4 – 0
Building Inspector – Violation of Junk By-law Art. 3, Sec. 11 – 81 Ocean Avenue – Building Inspector Robert Curran was present and distributed information about complaints received from a neighbor that property owner Kevin Smith was violation of the junk by-law, along with a letter sent to Mr. Smith dated October 10, 2013 and photographs of the property. Mr. Curran feels that the situation is in violation of Art. 3, Sec. 11. The homeowner, Kevin Smith works as a contractor and brings material from his jobs. Mr. Curran allowed Mr. Smith to install a Quonset style hut, temporary structure, to store the material however the junk and debris is littered throughout the property. Mr. Curran feels the property is devaluating the neighbors’ properties.
Chairman Egan requested a motion to declare the property is detrimental to the public safety, health and good.
MOTION by Soper, second by Amico to declare the property as detrimental to the public safety, health and good for discussion.
Mr. Smith indicated that his neighbor is taking picture from over the fence and no one can see it. He is working on his house. Mr. Smith explained that he had flood last year and had to take everything out from crawl space. He is working on cleaning up he yard and nothing stays for more an a few days. Mr. Smith indicated that he has improved the front of the property.
Mr. Curran indicated that he does not need to stand on a ladder to view Mr. Smith’s property. He noted that if a neighbor can view the debris from a second floor window, it devalues her property.
Mr. Curran indicated that in the past Mr. Smith has cooperated, but at this point he has not. Mr. Curran has to protect the property values of all the property owners. The situation at Mr. Smith’s property is detrimental to Mrs. Hayward’s property value.
Mr. Soper noted that according to the photos presented, the materials are left on the property for more than a few days. He feels that Mr. Curran has been more than fair and should pursue the matter to the fullest extent.
Mr. Amico also pointed out that the materials stay for much longer than a few days. Mr. Smith indicates that the non-construction materials stay for no more than two days. He is recycling every few days. Mr. Curran indicated that today some clean-up work has been done.
Mr. Egan indicated that Mr. Smith has to accelerate his clean up. Mr. Smith feels that he is being harassed by Mrs. Hayward. Mr. Smith fills the Quonset hut with his personal belonging. Mr. Smith indicates that all the material on the property belong to him. Over the last two years he has been clearing out two 10 x 20 storage containers and brings the items to him.
Mr. Curran feels that this issue is going to get out of control and he needs the Board’s support. He noted that Mr. Smith in the past has been cooperative. Mr. San Angelo asked for clarification of the motion th Mr. Curran was requesting. Mr. Curran wants the Board to determine that Mr. Smith is in violation of Article 3 – 11. Mr. Egan indicated that he read the specific verbiage of by-law as part of the motion.
Mr. Anderson is concerned no one dealing with the rest of the town. On Dec. 1, 2010 property on across from Shaws is disgusting. Mr. Egan requested that Mr. Anderson keep his comments to the matter currently being discussed.
Mr. Smith asked if he has a right to appeal. Mr. San Angelo suggested that Mr. Smith seek his own counsel. Mr. Smith indicated that if he doesn’t get an answer he will leave the yard the way it is and the Town can take him to court.
Mr. Anderson asked what section of the By-law is being addressed. Mr. Egan indicated that the violation is Article 3 – 11, Section 1. Mr. Egan read the entire section of the by-law.
Sec. 1. No person shall store or place, or permit to be stored or placed on premises which he owns, leases or occupies any debris, junk scrap metals or other waste material or products, which in the opinion of the Board of Selectmen shall be considered detrimental to the public safety, health and good.
Mr. Amico acknowledged that Mr. Smith did a good job on his front yard, but he needs to clean up the property. Mr. Smith feels he is being pushed by one neighbor. Chairman Egan pointed out that Mr. Smith must abide by the by-law.
Mr. San Angelo pointed out that there is a penalty associated with the violation which is $20.00. Mr. Curran indicated that he will determine that Mr. Smith is working to keep the property from being detrimental or a violation, he will not write a ticket. Mr. Soper requested a letter from Mr. Curran that the matter is closed
Mr. Amico asked if tabling the matter until November 5th would be amenable to Mr. Curran. Mr. Egan recommended moving forward the vote.
Moved to the vote - Voted 4 – 0
Acceptance Gifts – Dr. Shelton Yunes to the Police Department Gift Account –
MOTION by Amico, second by Howard to accept the gift of $2,000 from Dr. SheltonYunes to the Police Gift Account. Voted 4 – 0
Board of Health – Hazardous Waste Day location request Sat. April 5, 2014.
On October 2, 2013 the Board of Health submitted a request to use the Plymouth County Hospital for the Hazardous Waste Day collection site.
MOTION by Amico, second by Howard to allow the Hazardous Waste Day at the Plymouth County Hospital for discussion. Mr. Soper asked if the Fire Chief has been consulted.
The Board inquired why the event is not held at the Transfer Station during non-business hours on a Wednesday or Sunday. Mrs. Marini indicated that the Board of Health will be discussing the matter. Chairman Egan is not in favor of holding the event at the Plymouth County Hospital.
Mr. Amico withdrew his motion, Mr. Howard withdrew is second.
MOTION by Amico, second by Soper to table the matter. Voted 4 – 0
Appointment to Board of Registrars – Marion Elms 532 County Road Term to expire 6/30/14
MOTION by Amico, second by Howard to appoint Marion Elms to the Board of Registrars.
Voted 4 – 0
IV OLD BUSINESS
Discuss Sexual Harassment Policy – Mr. San Angelo presented the Board with a recommended Sexual Harassment Policy. He indicated that the policy is created from the State policy.
MOTION by Howard, second by Soper to approve the Sexual Harassment policy as presented.
Voted 4 – 0
V LICENSES:
One Day Liquor License – Camp Kiwanee
Cara Marie Reading-Butman, Pembroke, Nov. 2nd, 6:00 – 11:00 p.m. – Retirement party
MOTION by Amico, second Howard to approve the One Day Liquor License as presented. Voted 4 – 0
VI APPROVE MINUTES
September 10 & 17, 2013
October 1 & 7, 2013
Mr. Amico requested an amendment to the minutes of October 1, 2013 to delete the notation the
Mr. Howard was late. Mr. Howard had arrived on time.
MOTION by Amico, second by Howard to approve the minutes of September 10th and 17th as printed, October 1st as amended and October 17th as printed. Voted 4 – 0
VII COMMITTEE REPORTS
Maquan School Building Comm. – Mr. Amico deferred to Mr. Hayes. Mr. Hayes indicated that he was asked to inform the Board that the Insurance Company came into town to inspect the schools. The insurance company wants the Maquan cafeteria floor to be repaired immediately, which is approximately $10,000; several faucets leaking with a $5,000 estimate. Boiler room piping is leaking an anticipated cost of $5,000 – $50,000. The insurance company requested it inspected immediately. Mr. Soper asked why the insurance company did an audit at this time. Mr. San Angelo asked for a defined capital improvement plan for the school buildings. Mrs. Marini indicated that the Capital Improvement plan has been
submitted.
Mr. Hayes informed the Board about the financial impact of the feasibility study. Town’s share $219,000. Mr. San Angelo indicated that he was aware of the issue and will be discussing the matter with the Town Accountant.
Holiday Committee – Mr. Amico indicated that the committee will be meeting on Monday,
October 28th at 7:00 pm at the fire station. The event will be on Saturday, December 14th from 3:00 to 8:30 p.m. The group is requesting permission to use the Town Hall Green for the event.
MOTION by Howard, second by Soper to approve the use of the Town Hall green for the Tree Lighting on Saturday, December 14, 2013. Voted 4 – 0.
Mr. Amico indicated that there will be a 12 - 15 minutes fireworks display over the pond at 7:00 p.m. A barge will be launched on the pond. The Fire Department has approved the fireworks display. The Tree will be lit at 6:30 p.m. A DJ will be on hand for entertainment. Newcomb Tree will be trimming the existing tree on the green to be used for the tree lighting. Donations are being accepted.
Mr. San Angelo informed the Board that he may be called out of town due to a family illness.
VIII ADJOURNMENT
MOTION by Howard, second by Amico to adjourn. Voted 4 – 0
9:14 p.m. Meeting Adjourned
Respectfully submitted,
Meredith Marini,
Executive Assistant
Approved and Voted 3 – 0 – 1 (Flynn)
November 19, 2013
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