Family still seeking answers months after discovery of ‘desecration’ of gravesite

By Carol Britton Meyer 

Former Hull resident Cindy Deegan is seeking answers to what she refers to as “the desecration of [her] parents’ graves” at Hull Village Cemetery by a group of volunteers who said they had permission to “clean up” veterans’ gravesites.

BEFORE AND AFTER. Cindy Deegan is seeking answers to what she refers to as the ‘desecration’ of her parents’ graves at Hull Village Cemetery. Last fall, a group of volunteers removed bushes and other landscaping, saying that they had permission from the town to clean up veterans’ gravesites. [Photos courtesy of Cindy Deegan]

She recently asked The Hull Times to look into the situation after earlier contacting the town manager and DPW director.

While living in Hull, Deegan decorated her parents’ graves with seasonal flowers. Since moving to Florida 20 years ago, Deegan and her husband have visited the site two or three times a year – weeding, cleaning up the area, and trimming the bushes.

However, Deegan was unpleasantly surprised during a visit to her parents’ graves last December to find the bushes ripped out and other damage. With assistance from her husband and a couple of cemetery workers, 2.5-gallon buckets of dirt were brought to the site to fill in the dug-up areas.

According to the Hull Police Department’s weekly log, residents called police on Sunday, November 5 to report trees and bushes being cut down in Hull Village Cemetery. An officer reported speaking with a member of the group who said they were “cleaning up veterans graves and have permission from the town to do so,” according to the police report, but later agreed to stop work.

After contacting the town manager’s office in December, Deegan told The Hull Times that she received a letter in January, signed by William M. Fleck, offering an apology and noting that “our goal, as volunteers, was to locate and clean up veterans’ gravesites.”

Fleck noted in the letter that at one point he was out of town and that he called “the superintendent” and was informed that the memorial bushes had been cut and that he didn’t know “who cut the memorial shrubs and plantings. I am truly sorry I was not there to stop it.”

The “official town manager envelope is postmarked Jan. 24, 2024,” Deegan said, noting that Fleck’s letter was mailed in an envelope printed with the town manager’s office as the return address.

On April 3, Deegan sent a letter to the town manager and DPW director asking for an explanation and who the responsible parties are, noting that several other graves were also affected.

After following up again by sending an email to all five select board members on April 18, Deegan heard back from Chair Greg Grey within an hour with an apology for the delay “in anyone getting back to you. Many graves during that period of time also experienced what your family did unfortunately and we apologize for this. A group of people who thought they were doing a good thing without permission were stopped once we were made aware of the situation. They have been spoken to about this and have admitted that they should not have done any work up there. I will follow up with the town manager to see what we are doing moving forward.”

Select board member Jason McCann also responded to Deegan’s recent email, saying he was “very, very sorry to hear of your experience” and that he was aware of Grey’s reply.

“We are looking into next steps,” McCann said.

The Hull Times reached out to Town Manager Jennifer Constable for information who is responsible for the damage done at the cemetery, and next steps to rectify the issue and we await her response.

“I am going to get to the bottom of this if it’s the last I do,” Deegan said in an email. “I want my parents’ graves restored to what [they were] before – and I want the responsible party/parties to be held accountable for the damage that was done at their site.”

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Meet the candidates running for local office at forum on May 2

League of Women Voters members from Hull, under the auspices of the LWV of Hingham, are sponsoring a local candidates forum on Thursday, May 2, at 7 p.m. in the auditorium at the Memorial Middle School, 81 Central Ave.

At the forum, each candidate will be invited to make a two-minute statement, beginning with candidates for offices that are uncontested. Candidates in contested races will have the opportunity to make statements and answer questions posed by a moderator so long as at least two candidates in the race appear at the forum.

The League of Women Voters is a non-partisan political organization. As an organization, we do not support or oppose candidates or political parties. The League encourages informed and active participation in government, works to increase understanding of major public policy issues, and influences public policy through education and advocacy. Through study and consensus around issues, we advocate for change.

We are a three-tier organization – national, state, and our local Hingham League, which serves Cohasset, Hingham, and Hull. We hold candidates forums, the town meeting warrant review, register voters, meet with our legislators, and hold a variety of public education forums to encourage all to have a voice in their government.

For more information, contact Kim Kingston at kkingstonlbk@gmail.com.

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Select board approves HRA’s parking vendor, grants licenses to new restaurant at wharf

By Carol Britton Meyer

Following the Hull Redevelopment Authority’s recent awarding of the contract to manage its 900-vehicle beach parking lots this summer to LAZ Parking, the select board this week supported that action.

The Drift will take the place of RED SKY at Steamboat Wharf this season.

The lot will operate from May 1 to Sept. 30, including the triangle parking area, and parkers will pay a $20 flat parking fee, payable by credit card only, as no cash will be accepted. Hours of operation are 8 a.m. to 6 p.m.

Laz Parking Director of Business Development Patrick Ford explained the payment process involving handheld credit card readers that scan a ticket to be displayed on the dashboard once the fee is paid. Flaggers will point drivers in the direction of available parking.

LAZ will pay $160,000 to operate the lots between Nantasket Avenue and Hull Shore Drive, with 50/50 revenue-sharing once LAZ reaches $450,000 in profits.

The company operates more than 1.2 million parking spaces in more than 3,000 locations and 400 cities across the country, including a number of beach lots in Rhode Island.

LAZ will work with the Hull Police Department to help alleviate any traffic issues on busy days and outlined plans to post signage before beachgoers reach the parking lots when they are full, to avoid traffic congestion and circling around looking for other places to park, and to socialize the cashless payment system in the local and surrounding area.

“We will do strategic marketing blasts throughout the Greater Boston area to get the word out,” Ford said.

For those still wishing to go to the beach during inclement weather, there will be a scan-to-pay option.

Police details will be present every Saturday and Sunday and on additional days based on the police department’s judgment.

Ford also said LAZ Parking is interested in hiring locally, including working with the schools, to fill parking attendant positions.

“That’s our ultimate goal,” he said.

In other business…

• The select board approved a request by Justin Gould and Andrew Spinale of Steamboat Wharf, LLC, to sublet the restaurant space in the marina building at 48 George Washington Blvd., where Red Sky has operated for a number of years, to David Peters of Steamboat Provisions LLC –under the new restaurant name, The Drift.

Peters has 17 years of experience in the restaurant business, starting as a dishwasher, moving up in the profession from there, and attending culinary school. He and his business partner are experienced in restaurant management.

“We love Hull and providing good food, drinks, and a good time for residents and businesses.” Peters said.

There are just a few changes in the menu, including eliminating sliders for bigger sandwiches while also serving flatbreads and cocktails, among other offerings.

The new restaurant owners are also working on finding a way to provide better sun screening for their outdoor dining guests.

• The board also approved a request by Armando Aguilar, Grand Knight of the Hull Knights of Columbus, to park 30 cars at 440 Nantasket Ave. during the beach season. The conditions relate to providing trash barrels and a bathroom for beachgoers using the lot and piping plover educational information provided by the beach management advisory committee.

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Next month’s town meeting to consider zoning changes, CPA projects, capital needs

By Carol Britton Meyer

Hull’s May 6 annual town meeting will feature 36 warrant articles, ranging from consideration of the municipal and school budgets and several Community Preservation Committee recommendations to increasing the rainy day fund by $100,000 – for a balance of $4 million – and appropriating up to $500,000 to continue pursuing a suit over contractor failure at the Crescent Beach seawall project.

The meeting will be held at Hull High School, 180 Main St., beginning a 7 p.m.

CPC recommendations include appropriating Community Preservation Act funds to hire a consultant to conduct a dog park feasibility study; resurface the exterior red zone of the Kenberma pickleball courts; install shade structures at Menice Field, the Dust Bowl, and the area adjacent to the pickleball courts; restore the Paragon Carousel lights; purchase veterans’ memorial grave markers for Hull Village Cemetery; restoration of the Hull Lifesaving Museum boathouse at Pemberton Point and of the steeple at St. Nicholas United Methodist Church; and more funds for the Village Fire Station rehabilitation.

Other articles request creation of a committee to review the town’s capital planning needs; establishing an opioid special revenue fund using proceeds from a settlement of suits brought by states against large pharmaceutical companies to be used for substance misuse prevention, harm reduction, treatment, and recovery support; appropriating $150,000 to conduct a feasibility study for a new combined public safety facility and up to $385,000 to equip, outfit, and update the Hull Community Television media center in anticipation of moving to Memorial School; and authorization to bond $2.4 million to replace the Pemberton Point commuter float. At the same time, the town is seeking grant money or a cost sharing arrangement with the MBTA to help fund the project.

Click here for the full text of the May 6 town meeting warrant

Memorial School improvements

Some of the articles relate to approving a sum of money to be specified at town meeting to pay for repairs and site improvements to the Memorial School to use part of the building as a new town hall; amending the town’s zoning bylaws to permit homeowners in the single-family district to create and rent an accessory dwelling unit within their primary residence under specific requirements; and appropriating the town’s share of the funding to rehabilitate the seawall along Nantasket Avenue opposite Mariners Park.

A number of Allerton Hill residents attended this week’s select board meeting, airing concerns about the seawall project, including the proposed one-way portion of the road, traffic and other issues.

A meeting with neighbors was held recently, with another to be scheduled prior to town meeting for further public input, Town Manager Jennifer Constable said.

She noted that the project will be primarily funded through state and federal grants and that it would be “catastrophic” if that seawall were to fail.

‘Keep an open mind’

Resident Patrick Finn urged the board to “keep an open mind,” while at the same time advocating for approval of the town’s share of the funding.

Select board member Irwin Nesoff urged town meeting voters to support the funding for the seawall.

“It needs to be replaced, and that’s what’s on the warrant,” he said. “If voters choose not to support it, that will put everyone at that end of town at risk. The issues that were brought up tonight can still be addressed, but they shouldn’t stop the replacement of the seawall moving forward.”

Select board member Brian McCarthy suggested reconsidering the one-way road aspect “or have the engineers [at least] explain why it has to be one-way.”

Still another article relates to updating the town’s zoning map to meet the requirements of the new state MBTA Communities legislation requiring as-of-right zoning for multi-family housing near public transportation for communities served by the MBTA to help address the state’s growing housing crisis.

While the town is not required to actually provide that housing, failure to pass this article would adversely affect the town’s eligibility for significant grant funds.

Floodplain overlay district proposed

There’s also an article related to amending the zoning bylaws to establish a floodplain overlay district bylaw, mapping special flood hazard areas as designated by the Federal Emergency Management Agency for administration of the National Flood Insurance Program, effective July 3, 2024.

Another article – divided into two parts – seeks to amend the Marijuana Overlay District zoning bylaw in order to limit marijuana establishments to retail only, limit the number of retailers to two by special permit, and to add language to further regulate marijuana retail establishments and medical marijuana treatment centers by special permit.

Overall, this article seeks to amend the bylaw in response to certain procedural issues identified by the state Attorney General in bylaws approved at prior town meetings, and the possibility of misinterpretation of voter intent.

The objective is to change language in the bylaw to ban cultivating, testing, and manufacturing or any other activity as defined under “marijuana establishments.”

The amended bylaw also contains updated zoning language and more modern terms and definitions that have changed over the last several years.

Favorable action on this article would allow the town to move forward with the article that was passed at the 2023 special town meeting as it was intended (to allow the sale of recreational marijuana in Hull), according to the advisory board’s comments in the warrant.

Public access ways

Still another article relates to attempts to resolve a disagreement with respect to the proper use of all town-owned public access ways – including the railroad right-of-way that runs parallel to Nantasket Avenue between L and XYZ streets.

Regardless of the outcome of that article, voters will also be asked to move that the select board stipulate that the railroad right of way from L Street to XY Street, which is unobstructed from December through April, continue to be unobstructed throughout the year, and that the town-owned barrier at L Street be removed and replaced by a lockable gate or chain that could be accessed by police and fire personnel for emergency use.

Ten articles will be addressed under a “consent agenda” adopted by the August 2023 special town meeting allowing the town moderator, in consultation with the select board and the advisory board chairs, to combine articles that are deemed “not likely to be controversial and not likely to generate debate” into one motion that can be passed by a simple majority.

If seven or more voters in attendance wish to hold an item from the consent agenda, that particular article will be removed and acted upon in the normal manner.

The articles that remain on the consent agenda will then be voted on as one motion, without presentation or debate.

Full details on all the warrant articles are available in the warrants that are mailed to every Hull household and also on the town website, and by clicking here.

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Marijuana sales will again be on town meeting warrant as votes needed to clarify past action

By Dolores Sauca Lorusso

Voters at the May 6 annual town meeting will once again consider regulations on the sale of marijuana in Hull, but the changes proposed in Articles 32A and 32B are intended to clarify past town meeting votes on the same issue.

“Town meeting can get messy sometimes,” Town Planner Chris DiIorio said at the planning board’s April 10 public hearing, adding that language needed to be cleaned up in the marijuana bylaw approved at special town meeting on August 31, 2023.

DiIorio explained when town officials looked at the bylaw more closely with legal counsel, they found the bylaw approved more than just retail marijuana establishments; it also removed some key details like buffer zones around children’s establishments; limiting retail to two businesses; and that no two retail marijuana establishments could be within 2,500 feet of one another.

As part of reviewing the town’s marijuana regulations, the town hired outside counsel (KP Law) to clarify what was adopted at the 2018 town meeting related to banning the sale of recreational marijuana in Hull and make recommendations for bylaw amendments to clear up confusion.

At the planning board public hearing, member Harry Hibbard said he was concerned voters will think a vote on retail marijuana is back on the table, when voters at special town meeting in August supported allowing the sale of recreational marijuana by a majority of 283 to 60.

He said people need to understand recreational marijuana is “approved and done,” and a vote against the marijuana zoning bylaw amendment and the general bylaw amendment next month does not change the approval of retail marijuana sales in Hull.

“We’re not changing what was passed (earlier),” Town Manager Jennifer Constable has said when the town meeting articles were discussed by various boards.

Click here to read the full text of the May 6 town meeting warrant

Town officials and legal counsel reviewed the tapes from the 2018 meetings to clarify the wording of the votes. It was identified that the moderator solicited a vote on the amendment to the motion, but didn’t go back for a vote on the original motion.

Constable has previously said the town “has been spending extensive time reviewing the bylaw and speaking with outside counsel to ensure it is effecting what we intended it to do and to move forward.”

Based on these reviews, the recommended amendments would add language that was included on the 2018 warrant to regulate marijuana establishments, allowing the sale of both medical and recreational marijuana but prohibiting marijuana cultivators, craft marijuana cooperatives, marijuana product manufacturers, independent testing laboratories, or any other type of licensed marijuana-related businesses.

“There was no ban posted in the bylaws prior to the initial town meeting … we told them [town officials and legal counsel], and they ignored us,” said Ellen Kasper, outreach coordinator for Alternative Compassion Services, which operates the town’s only medical marijuana dispensary on George Washington Boulevard.

“Legal counsel reviewed our petition in advance both times. We never heard back with changes,” said ACS President Stephen Werther. “We did not do anything but use the language on the town’s website.”

“The town messed up at a serious level two times,” Hibbard said. “At the eleventh hour, [town counsel] James Lampke said [the petition] can’t go forward…[a] tortured path all the way; I call this passive aggressive resistance.”

“It is confusing … not clear even sitting here in deliberations,” said planning board member Steve White. “We need to find ways to clarify at town meeting.”

Planning board Chair Meghan Reilly said if the new amendments pass, they “supersede” the bylaw at 2023 special town meeting, so that cultivators and testing labs will once again be prohibited.

In a vote of 5 to 1, the planning board voted to recommend marijuana bylaws in Articles 32A and 32B, and will announce its decision on the town meeting floor because the warrant has already been printed and mailed to voters. Member Jim Pitrolo was not in attendance at the hearing.

Nathan Peyton, who voted against the recommendation to town meeting, pointed out that over time, residents’ attitudes have changed toward recreational marijuana and have been “evolving for some time.”

“There is a growing acceptance in town…not sure this accurately reflects people’s thinking of what they want now,” he said.

According to Werther, the Attorney General certified the special town meeting vote on December 18, 2023, and they “continue to wait for review of the HCA [Host Community Agreement] application ACS submitted to the select board on November 10, 2023.”

A license for adult use retail sales requires a new HCA, a special permit and site plan review by the planning board, and a license from the select board. It also requires a determination that the applicant hasn’t negatively impacted the town in any way.

“We have been at the location two years and are good, quiet neighbors…we are active in the community supporting vets, senior programs, and the Anchor, even though we do not live in Hull,” said Werther.

At select board meetings held over the past few months, since the retail vote at special town meeting, select board member Irwin Nesoff has said “it is time to begin moving forward with this…whether we get 1 or 3 or 20 businesses interested in a possible HCA with the town doesn’t affect the application process.”

The town can negotiate two recreational marijuana agreements. At the select board meeting on April 17, Constable said the request for applications for adult use will be on the agenda for the May 1 select board meeting.

Nesoff replied he is “concerned because the board did vote to post a request for applications on or about April 1, and May 1 is no longer ‘on or about.’”

While ACS advocated for the warrant article at the special town meeting, any business can now apply for a recreational marijuana license with the town.

Another Hull business, Skarr Inc., owned by Mambo’s restaurant’s Anthony Ghosn, has already submitted an application. Constable confirmed ACS and Skarr Inc. will not need to resubmit when the RFA is posted.

“The big benefit to the town from recreational marijuana sales is that the host community receives three percent of the 20% sales tax on recreational marijuana sales,” Werther said. “We have lost a whole year of revenue as a company and the town lost a year of revenue from the 3% sales tax.”

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Paperwork snafu delays Tipsy Tuna’s music license renewal

By Carol Britton Meyer

The select board approved the renewal of Tipsy Tuna’s seasonal all-alcoholic and common victualer licenses Wednesday night to allow the business to open on May 1 for the new season, but stopped short of approving the requested entertainment license renewal.

The Tipsy TUNA has an outdoor stage where live music is performed regularly in the summer season. the select board this week said it is unclear whether the venue has a current live entertainment license.

However, concerns aired by Porrazzo Road residents George Marcus and Kerry Farley during the meeting about the loud noise from the live outdoor entertainment during past seasons were not the reason for the delay, but the discovery that there’s no license allowing live entertainment currently in effect for Tipsy Tuna to renew.

While town staff will do research back to 2020 related to whether a license allowing live entertainment was ever issued to owner Freidy Elkhoury in the past, that information would have no effect on the current status, Town Counsel James Lampke said.

While the Tipsy Tuna currently holds a license for juke box, karaoke, and piped-in music, Elkhoury would need to submit a modified request to include live entertainment in the entertainment license renewal for the board’s consideration if he wishes to do so, which would require a public hearing. The restaurant doesn’t start offering live entertainment until Memorial Day weekend, so there is still some time to resolve the issue.

The board also questioned the 1 a.m. end time for entertainment on weekdays.

There have been 39 “disturbance” calls to the Hull Police over a 24-month period related to Tipsy Tuna, according to Town Manager Jennifer Constable, although it’s unclear how many different people called in those complaints. Farley played the sound from a video recording of an earlier live performance at Tipsy Tuna for the board to hear the level of the noise from the band that was playing.

“This is a beach town, but it’s also a residential community, and we have to be equally concerned about both [businesses and residents],” board member Irwin Nesoff explained.

“It’s a quality-of-life issue,” Chair Greg Grey said.

Another Porrazzo Road resident, though, said he hears more noise from yelling and other disturbances at another restaurant in the area than from Tipsy Tuna. “I don’t have much of a problem with the music,” he said.

Elkhoury said he’s heard about the complaints and is planning to build a roof over the outdoor stage and direct the speakers toward the beach to help lessen the noise impact from live entertainment, which, however, he is no longer allowed to offer until the related issue is resolved.

“I’m struggling to make it during the 14 weeks we’re open. The businesses on both sides of Tipsy Tuna have music, so it’s not just one location,” he said. “I apologize for any complaints and issues, and am willing to listen and make it right.”

Board member Jerry Taverna asked that a discussion about developing an entertainment policy for the area be put on the agenda for an upcoming select board meeting.

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Temple’s parking approved pending fix at ‘dangerous’ Coburn Street beach path

By Carol Britton Meyer

The select board approved Temple Beth Sholom’s request to allow beach-season parking for up to 50 cars at 600 Nantasket Avenue with several conditions, including that the lot may not be used for that purpose until the nearby Coburn Street access path safety issues are resolved.

THE BEACH ACCESS PATH AT COBURN STREET, WHICH IS IN NEED OF SAFETY UPGRADES.

The beach management advisory committee met prior to this week’s board meeting, according to Chair Susan Mann, who is also a member of the plover ambassador committee.

“During that meeting, I brought up an issue regarding the Coburn Beach path, which has deteriorated and is a considerable safety hazard,” she told the board this week. “There’s a two-foot drop from the old concrete seawall. It’s pretty dangerous for people with kids and beach carts.”

Other conditions linked to the parking permit include that the temple distribute an educational flier about protecting the piping plovers in the area, provided by the beach management advisory committee, and will post signs directing beachgoers to other access points that are more navigable until the Coburn Street path is fixed.

Mann noticed the item on Wednesday’s select board agenda regarding the temple’s request and sent a letter to the board with photos showing the condition of the access path. This concern prompted Mann to recommend that the Coburn Street access path be closed until repairs are made.

“This is town property, and someone could get hurt,” she said, also noting that the Warren Street path has similar issues.

Climate Adaptation & Conservation Department Director Chris Krahforst – who also attended the meeting – agreed that the path is “in dire need of repair” and explained that his department is attempting to get the work done in the near future.

The project has been stalled in the process of working with state agencies, including the Natural Heritage program that’s involved with protecting threatened species such as piping plovers, but Krahforst said the conservation department may issue an emergency request to get the work done by the town’s department of public works as soon as possible.

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Conservation updates: Helping the piping plovers, and why the town won’t plant beach grass this year

By Chris Krahforst, Director | Hull Climate Adaptation and Conservation Department

Piping Plovers, our avian seasonal residents of Nantasket Beach

Mass Audubon and the town are working to ensure the protection of this state-listed shore bird and will be presenting a few short articles during April and May to provide you with some interesting information about these birds. Look for more information in upcoming editions of The Hull Times. These birds are protected by state and federal law, and the town will ensure best practices are taken for their protection and success (e.g., fireworks are illegal and last year was identified as a cause for a “taking.” More on that later).

The piping plover is a small, stocky shorebird that has populated Nantasket Beach in recent years, usually arriving by mid-March. In fact, as of this writing, they have begun to arrive! These shore birds have a sand-colored upper body, a white underside, and orange legs. While in Massachusetts for the breeding season, adults sport a black neck band and their short bill brightens to orange. They arrive in the spring to raise their families and love our wide, flat beach.

Over the millennia, their strategy for success has been to hide in plain sight from predators by blending in with their surroundings. They can be very challenging to see; you may have to watch and wait until they move in order to spot them. Plovers lay their eggs laid on the sand and pebble beach, and their eggs appear no different from pebbles. However, their distinctive, flute-like piping sounds can alert you to their presence. Adults on their breeding territory also use variations of these notes to fiercely defend their turf from neighboring piping plovers.

On Nantasket Beach, they have grown to a dozen or more parental pairs which spread out so each family has enough prime foraging habitat for their four chicks to develop from the size (and look) of a cotton ball to full grown. As soon as the chicks hatch, their parents guide them to the buffet of flies, beetles, worms, and small crustaceans found on the sand and tidal flats. Chicks can be capable of flight in just four weeks, which makes beach life much safer for them.

Piping plovers have been breeding on the Atlantic Coast far longer than humans have been flocking to these beaches. Today, there are fewer than 4,000 of these specialized birds left on the planet, and half of them breed in Massachusetts. To us, piping plovers may appear to be abundant, but globally they are threatened with extinction and thus dependent on our protection in order to persist. For more information on these threatened creatures please visit the town’s plover information page, at www.town.hull.ma.us/sites/g/files/vyhlif3286/f/uploads/2021_june_2_hull_info_session.pdf

On beach grass planting…

Nearly every year in early spring, the town sponsors an annual beach grass planting on our dunes. Some of you who participated in past planting events may have noticed how lush and green the dunes appear in recent years. Our grass planting has greatly helped to stabilize the dunes.

Dunes are important because they protect landward property from storm waves that surge up the beach. The dune gives up itself to the pounding waves while providing storm surge protection and flood control to the adjacent neighborhoods. Planting beach grass in areas of the dune that were damaged by storms has resulted in the lush dune system we have today. So, why not continue to plant again this year? Since we have worked to establish such a strong base of beach grass in our dunes, Massachusetts Coastal Zone Management suggests that we let what we have planted do its job. Beach grass likes to grow and move into new accumulating sand, typically be sending forth new growth through its rhyzomes (roots). Sometimes you can overplant and stymie this natural growing process. That is why, when we do plant, we make sure our individual culms (baby beach grass) are planted one-and-a-half feet from each other. This year (and last year) the town did not sponsor an annual beach grass planting day. This does not mean this event will not occur again in the coming years, it just depends on whether the dunes (and the current growing beach grass) need our help.

Let’s see how the grass does again this year!

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HRA selects national firm to operate parking lots; no cash payments to be accepted

By Dolores Sauca Lorusso

The Hull Redevelopment Authority has awarded the contract to manage its 900-car beach parking lots to “the largest, fastest-growing privately owned parking operator in the United States” this summer.

LAZ Parking will pay the town $160,000 to operate the lots between Nantasket Avenue and Hull Shore Drive, with 50/50 revenue-sharing once LAZ reaches $450,000 in profits. The company will not accept cash payments, opting instead to require credit card payments.

Parking officials used the analogy of going from a “cigar box to a rocket ship” to stress how much this new system will change the “parking dynamic at the beach” from the cash-based-business people have become used to during the past 30 years.

The bid from LAZ was the higher of the two bids the HRA received in response to the request for proposals; the second bid of $150,000 was submitted by Henry Dunn of Dunn Rite Parking Inc.

Dunn questioned whether the HRA was legally allowed to restrict accepting cash; however, followed up by saying “they [LAZ] out bid me, so no problem.”

HRA attorney Paula Devereaux told members that the state prohibits discrimination against cash buyers at retail establishments offering goods for sale.

“Nothing is black and white, but don’t see how a parking lot is recorded as a retail establishment,” said Devereaux.

According to HRA Chair Dennis Zaia, in his proposal, Dunn scratched out parts key to the fundamentals of the RFP, such as accepting credit card payments and the entire section on the electronic management system.

The RFP had been advertised as required, and the bid process began on Zoom on April 8, while the decision was made in person, at Memorial Middle School, on April 9.

As a relative of HRA member Bartley Kelly has been a previous operator of the parking concession, Kelly did not participate in any of the parking lot management discussions, drafting of the RFP, the bid opening, or the contract vote.

Zaia said there are three categories on the standard RFP evaluation form; the first category of price was ranked at 50%; the second category of the ability to satisfy the terms and conditions of the agreement was set to 45%, while the third category, the experience of the vendor, was evaluated at 5%.

Members of the HRA were schooled by legal counsel on state procurement laws and on the need to identify the critical factors for the proposal to be considered responsive to the request.

Determined “critical” to the RFP were the ability to accept credit card payments, taking no cash so that all parking transactions can be tracked via a phone app or handheld scanner, and offering reporting to analyze the data collected.

Today LAZ operates more than 1.2 million parking spaces in more than 3,000 locations and 400 cities across the country, including 10 lots for the beaches of Rhode Island. 

“At peak volume there will be nine staff members attending the lots…on days there is not staff due to inclement weather, there will be a QR code,” LAZ Director of Business Development Patrick Ford said.

LAZ Regional Vice President Brian Haley added that the QR code also can be used to disseminate information to customers about events or promote local businesses.

“This will be informative moving forward and we will gain a lot of data,” said Zaia. “The four of us have a vested interest in the manner in which the parking lots operate, and we want to learn…over the next few weeks there will be a lot of collaboration between us and LAZ.”

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After marathon session, Planning Board approves Paragon Dunes special permit conditions

By Dolores Sauca Lorusso

The planning board went into overtime last Wednesday night to approve special permit conditions for the Paragon Dunes project before the clock struck midnight. Board members voted in favor of the motion to “approve the conditions as corrected with the second round of edits completed as of 11:50 p.m.”

The conditions were agreed to by all voting members who were in attendance, except for Harry Hibbard, who left before the meeting was adjourned, stating for him that the late hour approaching midnight was “pumpkin time.”

The approval of the Paragon Dunes plans granted by the planning board on March 20, for a four-story, 132-unit building at the site of the Paragon Boardwalk, was subject to the conditions the board began to review on April 3 and subsequently approved on April 10. In order to accommodate a 20-day appeal period in time for the developer to meet is anticipated closing date of April 30, the vote needed to occur last Wednesday.

“I apologize for pushing the board to such lengths, but the decision needs to be filed to town clerk,” said Adam Brodsky, legal counsel for the Procopio Companies. “[It would be a] shame if we spent the last six months only to have a great benefit to the town disappear because of timing issues.”

Planning board Chair Meghan Reilly said the proponents did not explain their timetable in detail when the planning board opened the public hearing.

Director of Community Development & Planning Chris DiIorio said that without approval that evening, the developer would “not be in line with the 20-day appeal period after filing with the town clerk.”

“Let’s make changes, respond tonight, and move forward,” DiIorio said.

“[I would] hate to see it fall through when we are this close,” Reilly said. “I thought what we needed to do to meet the deadlines of the proponent was to close the public hearing and vote on the project, which we did.”

Click here for the full special permit application, plans, and other resources

Member Jeanne Paquin concurred it was “not conveyed at all that today was the deadline for conditions… this board has bent over backwards to get through the process; the proponent should have told us when the application was submitted that they had a deadline.”

Prior to leaving, and before the second set of edits, Hibbard made a motion to vote on the conditions as amended; however, the motion did not pass.

“What is stopping us from approving this as amended tonight?” asked Hibbard. “The proponent has a deadline; every condition has a deliverable or due date attached to it.”

After Hibbard’s departure, the board deliberated and approved a motion to stay and make the edits in real time.

“Conditions are always evolving,” Paquin said. “This is a big deal in town, and I want to treat it as such. Over the years, there have been times when the proponent has not understood what we are approving is what is getting built; I am not saying that will happen here.”

The board did not want to vote on the conditions without a full review of the edits to be sure they accurately reflected the revisions that had been discussed. After a brief recess, the members proceeded to review the newest copies of the conditions that DiIorio had edited and printed for review.

In a statement sent to the Times, Procopio Vice President of Development David Roache said: “We appreciate the hard work and long nights of the planning board in collaborating to craft a shared vision for this project. We look forward to bringing it to reality.”

The conditions state the planning board “reserves the right to inspect the site for compliance with the approved site plan and architectural documents at any time, and notify the DRB [Design Review Board] when the board will be inspecting the site.”

One section of the conditions that caused considerable concern was modification. The initial draft stated that if modifications to the site development are required, the applicant shall submit a written request to the building commissioner specifying the proposed changes. Then the building commissioner, along with the town planner, would determine if the modifications were minor or major. Only if a request was major would it be submitted to the planning board for review. In the revised condition, the request is submitted to the planning board.

“Given the degree of public comment, the decision on what is major or minor change should come to the planning board first,” Reilly said. “[I am] not comfortable with that wording as-is. We have put in a lot of work and had feedback from the community.”

Paquin agreed it should be up to the planning board to determine what is a major or minor change.

“The building commissioner did not sit in on the meetings; he does not know what the planning board and citizens fought for,” Paquin said. “Any deviation from the plan is a change and needs to be approved.”

Requirements for easements with the DCR, MassDOT, and the ArtWalk are built into the conditions, along with an agreement to maintain the open space shown on the Public Access Diagram dated March 18. The developer also will pay the town a $50,000 parking mitigation fee.

“Need to give them as much time as possible to acquire easements,” said DiIorio. “They can’t build until they have them.”

“A lot of good ideas in their plans are also contingent on getting easements…if they don’t get easements from DOT and DCR then plans will have to change,” said Design Review Board Chair Tom Burns.

The developer also is required to submit architectural details for cornices, columns, eaves, gutters, roof rakes, siding, trim colors, and other details for approval by the planning board in consultation with the DRB.

Members of the Design Review Board said they were happy that some of their concerns were addressed with the conditions; however, they said they would have preferred to see “stronger language” concerning items that may have a future cost impact to the town, such as underground electrical lines and infrastructure upgrades.

“Unfortunately, our primary concerns about the density of the project, length of the wall of building on George Washington Boulevard, relationship to the comfort station, and lack of commercial parking were not fully addressed,” said DRB member Julia Parker. “We look forward to the conservation commission’s review of the project and their comments, and thank the planning board for their efforts.”

One of the conditions stipulates that there will be no apartment leases or sublets shorter than a term of six months.

Member Nathan Peyton said a subletting restriction takes away a tenant’s “financial freedom, because subletting is a tenant’s right.”

Hibbard countered by saying the condition does not prohibit subletting, it just enforces a minimum of six months, “protecting against people doing one-month rentals at the beach.”

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