Land Court judge rules in favor of Graves Light owners in property tax suit

By Christopher Haraden

A long-awaited decision by a Massachusetts Land Court judge has determined that Graves Light is not within Hull’s boundaries and its owners do not owe property taxes to the town.

A JUDGE HAS RULED THAT GRAVES LIGHT IS NOT PART OF HULL, BUT DID NOT INDICATE THE COMMUNITY IN WHICH IT LIES. [JENNIFER WHELAN PHOTO]

Judge Diane Rubin issued her decision on Aug. 1, eight months lawyers presented closing arguments, and more than a year after they submitted 151 exhibits during a trial last summer. The 50-page decision included a detailed analysis of historic records stretching as far back as the Colonial Land Grants from 1634 and multiple maps, deeds, and other documents. The judge also visited the remote Graves Ledge at the entrance to Boston Harbor to survey the seascape with her own eyes.

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Click here to read the full 50-page Graves Light decision

Click here to read the two-page Graves Light judgment

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Her months of research and review resulted in the comprehensive decision document, which incorporated expert testimony from both sides and concluded with the fairly straightforward statement on the very narrow issue of the suit – whether Hull could claim the lighthouse for taxation purposes: “I find that Graves Ledge lies neither within the municipal land nor tide water boundaries of the Town of Hull.”

The suit was filed in February 2020 by David and Lynn Waller and Robert Sager, who bought the property in 2013 from the federal government for $933,888 and received a tax bill for $3,552.42 for fiscal year 2020. Waller contended that Graves Light was not previously included in the Hull assessors’ database like other public properties, but was arbitrarily added after he bought it.

“In our heart of hearts we knew we were right and we stood our ground,” David Waller said this week. “We had so many wonderful supporters throughout this process who reached out to us, creating a groundswell of support. It feels good to be vindicated and we want to thank our Mintz legal team as well as the judge for her carefully crafted and well-reasoned decision.”

“Based on her interpretation of the many documents and trial testimony, the judge concluded that Graves Island is not within the tidal or land jurisdiction of the town,” Town Counsel James Lampke said. “She did not declare in whose jurisdiction it is in, but alluded to any further action on that issue involving the Commonwealth and Boston.”
“The decision was very complete, detailed and thorough,” Lampke added. “It is clear the judge spent a lot of time on the 150+ exhibits, many stipulations and other matters pertaining to the case. She noted in her decision the many state, federal, and other documents which identified Graves Ledge as being within Hull, but concluded, particularly based on historic and legal documents, that it was not in fact within Hull.”

Waller said his deed from the federal government describes the property in terms of latitude and longitude, and references Broad Sound Channel, a shipping route in the Boston Harbor Islands National Recreation Area. Documents provided by a US Coast Guard office in Virginia indicated that “the property is not located within the corporate limits of any municipality.”

In court filings, Lampke disputed this characterization, noting that unlike other states, Massachusetts does not recognize unincorporated areas. The judge mentioned this issue, but sidestepped drawing a conclusion.

“I decline to wade into these deep waters, because I conclude this issue is not squarely

before the court,” Rubin wrote in the decision. “…I decline to decide whether there can be unincorporated land in Massachusetts, having concluded the issues raised by the amended complaint and counterclaim, and in light of the town’s late presentment of this issue which is not necessary to the disposition of this case.”

Lampke filed a counterclaim against Graves Light and Fog Station LLC, Waller’s corporate entity, in order to prevent further renovations of the 113-foot-tall lighthouse without permits from the Town of Hull.

During the trial, Waller’s lawyer, Peter Biagetti, presented documents and maps dating as far back as the 1600s that he says indicate that Graves Light is not within Hull’s boundaries. Lampke, a lighthouse historian, has introduced other maps that show the opposite circumstance, as well as documents from the federal government that list Graves as part of Hull.

Graves Light has been on the National Register of Historic Places since 1981. Graves Ledge was named for Thomas Graves, vice admiral of John Winthrop’s fleet and a resident of Lynn who became America’s first foreign trader.

Under the terms of the sale, the Coast Guard maintains the Graves fog horn and beacon, which began flashing its 2-2-2 signal in 1905. The Wallers and Sager renovated the lighthouse and use it as a vacation home.

Waller said he acted in good faith and the renovations to the property comply with regulations, and the attempts to collect property taxes are an example of “mistreatment” by the town. Lampke framed the dispute as a border-protection issue, and asserted that the town was not interested in preventing Waller from doing further work on the property, but sought clarity on the exact location of the town’s offshore boundaries.

 “We thank Judge Rubin for her meticulous and thoughtful decision,” said Biagetti, the attorney for the Graves Light owners. “It’s a victory for every taxpayer who ever received an unfair tax bill but did not have the resources to fight back, unearth all of the historical records, make their case at trial, and secure a fair result.”

Lampke did not indicate whether the town planned to appeal Rubin’s decision, noting that it was still being analyzed.

“The town will likely have additional comment after the decision has been further reviewed,” Lampke said. “We are disappointed, but respect the judge and court and know that the town put forth a strong defense to this lawsuit.”

‘I like being challenged:’ Incoming town manager prepared for new leadership role

By Carol Britton Meyer

One word best sums up Town Manager Jennifer Constable’s feelings about stepping into her new role – “excited!”

“I’m really looking forward to the opportunity to get back to work in Hull and to working with the staff, select board, and other town boards and committees in a different capacity,” Constable told The Hull Times. “I missed being involved while I was on the sidelines” following her resignation as select board chair earlier this year prior to applying for the town manager position. The Select Board approved an employment contract with Constable last week.

Constable, who is looking forward to working with the “new and dynamic” select board following the recent town election, recently resigned from her job as Rockland’s assistant town administrator after four years in that role.

Constable’s past service to the Town of Hull during the 20 years she and her family have lived here, including the planning board and seven years on the select board, and her master’s degree in public administration, will hold her in good stead as she moves forward.

“When I first moved to Hull, I joined the affordable housing committee, and I was hooked,” Constable recalls.

She sees the role of town manager as “the glue that pulls things together.” Job responsibilities include guiding the select board, which is the policy-setter, and making sure members have all the information to make sound decisions, and supporting staff and department heads and ensuring they have all the resources they need “because they are the touchpoint of the community.”

Constable’s external relationships – including as a member of the Metropolitan Area Planning Council, the MBTA Advisory Board, Massachusetts Municipal Association, and the South Shore Coalition in addition to her past discussions with the Department of Conservation & Recreation as a select board member – will also contribute to a smooth transition into the town manager position.

Constable’s first priority will be talking with the staff, including department heads, to understand their work and their objectives, and meeting with the select board to learn more about its goals for the upcoming year.

“Having served on the board, I will have an understanding from both perspectives,” she said.

Working with the Hull Public Schools on the school building consolidation is also high on Constable’s list of priorities.

Enhancing communication between town government and citizens is another focus point “to ensure we’re engaging with the community” about important issues.

“I want the town to be proactive rather than reactive,” she said.

Challenges facing the town include dealing with climate resiliency issues and deciding “how the town wants to identify itself – what it is and who it wants to be,” Constable said. “That’s an issue we’ve struggled with, and I think having a master plan in place [would go a long way in accomplishing this].”

While her career going back more than two decades has been mainly in public service – and she had not earlier envisioned herself working in local government – doing so has proved to be the right choice, and she has no regrets.

“So many people supported me in applying for the town manager position that I felt energized to [do so],” she said.

“I like being challenged, and the town manager is challenged daily in different ways, which really holds my interest,” Constable said. “It’s also rewarding to see first-hand your work come to fruition and to know that you have a direct impact [on what’s happening in the community].”

When asked about serving in the town in which she lives, Constable sees no conflict.

“I’ve always been mission-driven and hold myself to a high standard, so [it makes sense to] want to [work] in my own community,” she said. “It’s almost as though I would hold myself to a higher standard, because if you’re living and working in the same town, you have to live with your decisions. You can’t retreat at the end of the day, because you’ll see members of the community in the grocery store, at the bank, and elsewhere.”

While dedicated to her new job and realizing it’s a 24/7 position, Constable said her family “will always come first.” Constable’s husband, Mark, and two children, Max and Madison, are supportive of her in this new role.

Constable sees a similarity between Yonkers, N.Y., where she grew up, and Hull, which she and her husband fell in love with while living in Quincy.

“There’s a lot of community spirit, economic and cultural diversity, and looking out for one another in both places,” she said. “Once we discovered Hull, we agreed that we would not be going anywhere else, despite earlier plans to return to New York. Although we have family, we feel as though Hull is also our family. We’re part of Hull and Hull is part of us.”

In her spare time, Constable enjoys spending time with her family and on the water, rowing and paddleboarding.

“It’s a peaceful, mind-clearing experience spending time on the ocean, where you’re in your own space,” she said.

Constable also enjoys doing yoga, “which gives me a mental break and helps keep me centered,” and playing golf.

Her favorite part of Hull is the ocean, sense of community, and the “boundless” opportunities for those raising a family or operating a business.

“I already see this happening,” she said. “It’s all about balancing the new with the old, which is what I’m hearing from the community.” A

Special Town Meeting warrant will include Fort Revere article; may go for more than one night

By Carol Britton Meyer

What started out as a special town meeting called by the select board in response to a citizen’s petition related to a potential additional package store license for the town has evolved into a warrant that will include at least nine agenda items – some of them controversial –  and possibly more.

Soon after the first citizen’s petition was submitted to the Town Clerk, a second one was submitted asking voters to amend the town’s zoning bylaw and overturn the ban on recreational marijuana sales resulting from a related 2018 town meeting vote. (See related story.) While those two articles are sure to be of interest to voters, so will the warrant article asking for town meeting approval of additional funding of as much as $1 million for the Fort Revere Tower rehabilitation project, because the bids came in much higher than the earlier $2.2 million borrowing approved at the May 2022 annual town meeting.

The special town meeting is scheduled for Thursday, Aug. 31, due to the state requirement to call for a special town meeting within a particular timeframe if requested through a citizen’s petition, even though summer is not considered the best time.

“I think this meeting will go longer than one night,” Town Moderator George Boylen told the select board Wednesday.  The dates to which the special town meeting may need to be continued have not yet been decided, but Wednesday, Sept. 6, and Thursday, Sept. 7, if a third night is needed are under consideration – working around summer vacation and Labor Day weekend and depending on the availability of Town Clerk’s Office staff and space at Hull High School, where the meeting will be held.

“It’s like trying to fit a square peg into a round hole,” Town Counsel James Lampke said, referring to the inconvenient timing of the meeting and the tight timeframe to prepare.

Chair Greg Grey noted that even though the special town meeting timing isn’t ideal and the Select Board could defer proposed articles other than citizen’s petitions – which must appear on the warrant – until the next town meeting, it might be wise to deal with them now because they would eventually need to be addressed and some are time-sensitive.

Other warrant articles relate to consideration of a revised accessory dwelling unit proposal geared toward aging in place and occupancy by family members; consolidating related warrant articles under a single vote in order to streamline the town meeting process – proposed by Boylen; changes proposed by Climate Adaptation & Conservation Director Chris Krahforst, with more details to come; and an appropriation to pay for highway department equipment in addition to three articles related to the recreational marijuana proposal.

All articles involving zoning bylaws have been referred to the Planning Board for its consideration at public meetings.

Citizen’s petitions for the Aug. 31 special town meeting will be accepted until Monday, Aug. 14, at 3 p.m., according to Town Clerk Lori West. A

Citizen’s petition relates to allowing recreational marijuana sales in Hull

By Carol Britton Meyer

A citizen’s petition submitted to the Town Clerk’s Office July 27 for the Aug. 31 special town meeting asks voters to amend the town’s zoning bylaw and overturn the ban on recreational marijuana sales resulting from a related 2018 town meeting vote.

Following certification of the required number of signatures, a warrant article asking voters to allow an existing registered marijuana dispensary in Hull to add adult use retail sales will appear on the warrant.

Last week, the Select Board acted upon another citizen’s petition calling for a special town meeting related to the potential granting of an additional package store license to the Town of Hull through special legislation – for the Quick Pick Food Store on Nantasket Avenue. Other warrant articles will also be addressed. (See related story.)

The green light for any such adult use retail sales would be subject to the issuance of a special permit and site plan approval by the Planning Board and the execution of a new host agreement between the registered marijuana dispensary and the town. Town meeting has the final say on all warrant articles. Passage of such a zoning bylaw requires a two-thirds vote of approval.

Hull resident Bruce McWhorter and others submitted the citizen’s petition containing 300 signatures on behalf of the Alternative Compassion Services medical marijuana dispensary on George Washington Boulevard, ACS Outreach Coordinator Ellen Kasper told the Hull Times. The article does not specifically name ACS. “Town meeting approval would be the first step,” she said.

ACS President Stephen Werther told the Hull Times that ACS would like to add adult use retail sales to the current dispensing of medical marijuana in order for the business to be more viable. “We’re a local company hiring local people, and we’re legal, regulated, we bring in revenue to the town, and our marijuana is tested,” he said.

The sale of marijuana is legal in Massachusetts but is not legal at the federal level.

A big benefit to the town if recreational marijuana sales were to be allowed in Hull, Werther said, is that the host community receives three percent of the 20 percent sales tax on recreational marijuana sales.

The town of Rockland has received a significant amount of tax revenue generated by its three recreational marijuana dispensaries – a total of $2.4 million from Fiscal 2021 through Fiscal 2023 – an example, Werther noted. He predicts that if the sale of recreational marijuana is ultimately allowed in Hull, tax revenues could also be significant, even from the one dispensary  – ACS – that’s currently in town. This potential revenue could end up topping restaurant and hotel tax revenues, he speculated.

“If we sold [recreational marijuana in addition to medical marijuana], I believe we would draw more business from Hull, Hingham, Cohasset, Scituate, and the surrounding area,” he said.

The initial purpose of the citizen’s petition was to call for a special town meeting to discuss the proposed adult use retail sales, but by the time it was filed, a special town meeting had already been called related to the liquor license warrant article submitted by Hull resident Christine Rivieccio and others July 17.

Submission of the adult use retail sales citizen’s petition follows an unexpected twist to the citizen’s petition submitted by Meghan Sylvester and others that was considered at the spring 2023 town meeting related to allowing Alternative Compassion Services to add retail sales of marijuana by special permit, subject to site plan review.

At that time, Sylvester offered a substitute motion on behalf of the petitioners, which was approved by voters, that “Based on information we were given by Town Counsel after town meeting began, I move that Article 18 be referred to the zoning bylaw committee without prejudice for consideration of the article at any special or Annual Town Meeting.”

The deferral was requested at that time because the article addressed only the zoning prohibition on retail marijuana, not the ban contained in Hull’s general bylaws.

A negative vote on the zoning change at the Spring 2023 town meeting would have prevented the issue from being considered again at town meeting for at least two years.

Citizen’s petitions for the Aug. 31 special town meeting will be accepted until Monday, Aug. 14, at 3 p.m., according to Town Clerk Lori West. A

Special Town Meeting called related to request for additional package store license

By Carol Britton Meyer

The Select Board this week acted upon a citizen’s petition bearing the requisite 200 signatures to call a Special Town Meeting related to the potential granting of an additional package store license for the Quick Pick Food Store on Nantasket Avenue.

The date was set for Thursday, Aug. 31, at 7 p.m. at Hull High School, 180 Main St. When such a citizen’s petition is submitted and the signatures validated – as is the case with this one – the state requires that a Special Town Meeting be called within 45 days of receipt of the petition (July 17 in this case).

The required 100 signatures were also gathered for submission of the related warrant article asking the town to vote to authorize the select board to petition the General Court for an act of special legislation granting an additional liquor license for the sale of all alcoholic beverages to be drunk off the premises (package store license), submitted by Hull resident Christine Rivieccio, 16 Merrill Road, and others.

The wording of the article could change on the floor of Special Town Meeting, according to Town Counsel James Lampke, who also noted that Quick Pick already sells beer and wine and that a package store license would allow the store to also sell other kinds of alcohol. The town currently has the ability to issue four package store licenses, which have already been assigned.

Whether there will be other warrant articles for voters to consider is not certain at this time. However, the deadline for submitting additional citizen’s petitions is Monday, Aug. 14, at 3 p.m.

Lampke explained that even if voters approve the citizen’s petition request, the ultimate decision rests with the state legislature. The Select Board would also weigh in. Lampke also noted that it’s unusual “for someone to ask the town to petition the legislature to grant an additional liquor license for a particular location.”

Resident Anne Murray asked the board if in the future the details of such a request could be posted on the agenda so citizens “will understand what the agenda item is all about.” The agenda only mentioned a request for the Select Board to schedule a Special Town Meeting related to the citizen’s petition and the opening and closing of the warrant, with no further information included.

Murray also encouraged the board to educate residents that there is a cost to calling a Special Town Meeting – ”around $8,000 I’ve heard” – to address an issue or issues that didn’t appear on the regular Town Meeting warrant.

The Advisory Board will hold public meetings on the article(s) leading up to the Special Town Meeting. A

Temporary public comment policy approved; vacant board of assessors’ seat filled

By Carol Britton Meyer

The Select Board took a final vote this week on its temporary public comment policy, unanimously approving allowing individuals to speak on virtually all agenda items during board meetings in most cases, effective immediately.

In a joint meeting, the Board of Assessors and Select Board voted unanimously to appoint Donna Sullivan to the Board of Assessors to fill a vacant seat with a term expiring May 20, 2024.

Sullivan worked in the Assessors’ office for 32 years before retiring from that position and has “a vast knowledge of [its workings],” she said before the vote. Both boards agreed wholeheartedly.

In other business at the meeting, the board approved Town Accountant Mike Buckley’s request for Fiscal 2023 year-end transfers from the town’s health insurance fund totaling $243,873 for the following purposes – Select Board (contractual payment to a long-term employee), $65,512; town counsel services related to resolving issues associated with the last town election, $24,959; town clerk, $5,200 to pay for expenses related to the second limited-hour town election; town buildings (Town Hall in particular), $80,077; overage for police department vehicle maintenance, $25,753; workers’ compensation (the town is self-insured, which could be revisited in the future, Buckley said in response to a question from a board member), $5,285; and town insurance for all town buildings, $37,087.

The board also approved George Boylen’s request to hold the annual St. Mary of the Assumption Festival on Sunday, Aug. 13, starting at 9:30 a.m. with a procession from A street Pier to the St. Mary of the Assumption Church (208 Samoset Ave.) for a Mass at 10 a.m., followed by the festival on church grounds.

“The Hull Police Department escorts the procession from the pier back to the church,” Police Chief John Dunn, who is also serving as acting town manager until Jennifer Constable assumes the permanent role, said. “It’s a very nice event.” A

HRA steps back to invite public to submit ideas for alternate uses of the HRA land

By Dolores Sauca Lorusso

As the Hull Redevelopment Authority (HRA) explores modifications to its draft Urban Renewal Plan (URP) they are “stepping back” to invite Hull residents to submit their unique “visions” for the land. The HRA’s goal with their call for ideas is to “gather more information” to offer additional “choices” for community consideration. 

The HRA is “committed” to actively expanding their research on “suitable alternatives” to the existing draft URP. However, they do want people to understand the goals of the HRA are the same ones the redevelopment authority was founded on. 

“We are just looking to meet those goals in another way than already proposed…highest and best use is often spoke of in terms of dollars and cents, but there is a greater picture,” said HRA Clerk, Adrienne Paquin. 

Open space has been a major focus of the dialogue in the HRA public forums. “I want to see ideas that generate economic development beyond the four concepts in the current plan…provide overall quality to the community for our children and grandchildren; a centerpiece for the town to create a net benefit for Hull,” said HRA Vice-Chair, Dan Kernan. 

“Community wants open space; we (HRA) need to determine how we get there and fund continuously to maintain…no matter what we do there will be a cost associated,” said Bartley Kelly, long-time HRA board member and current Treasurer. 

“I am all for hearing alternate visions that will work, accomplish the goal, and are good for the community…will get behind that 100%,” said Kelly, also reminding everyone “the economic piece is not etched in stone.”

Citizens are encouraged to get their ideas in during the next couple of weeks. In August the HRA will begin to invite those who have made submissions to come to an HRA Board meeting to make their “pitch.” After the presentation there will be time for discussion and questions. Ideas sent in will also be reviewed and put on HRA02045.com for people to read. 

Patrick Finn, Chair of the Zoning Board of Appeals, has already submitted his personal vision for the land for review by the HRA and it is likely he will be the first to present. 

SOS, Save Our Space, has been working on their vision for the HRA property and will be submitting it to the HRA as soon as it is complete. 

“It is important to give a lot of thought to how to address this important piece of land in the heart of our community,” said Liz Kay, who has been a member of the core SOS team since its inception. 

“I am encouraged that the HRA Board is supporting looking at other options…it is hopeful,” she said. 

Dennis Zaia, HRA Chair said, “We are not going to make any decisions, but the board and others can understand more fully different points of view to come to an understanding of how to best use the property for the community at large.” 

The HRA board is considering all the ideas that have been voiced so far about open space, as well as other alternate uses of the land.  Zaia explained that all notes from the breakout sessions at the public forums are on the HRAO2045 website and those who would like to read them can find all the “granular detail” there. 

Steve Cecil, consultant from Form and Place, is working with his team to categorize the comments gathered at previous public forums. Zaia expressed “some of these comments may be the beginnings of ideas and visions, which will be presented.”

Kelly prompted those who have said they “do not like the plan” to help identify the “sweet spot” that creates “connection and sense of space” while also achieving the goals.  “It is going to take compromise on all sides,” he said. 

As interested parties submit their “dreams” for the HRA land, the HRA board would like them to think about how much of the land should be dedicated to open space, the best types of open space for the town, as well as costs of funding, operations, and future maintenance.

Zaia said “Ideas should have some meat on them…for example a person may say a performance center; that is not enough. Need something more to firm it up. What does it look like?  What are the costs and expenses? How can we make it happen?

 “We need to listen more to each other, not just the four of us (HRA Board) but all who attend the meetings…have awareness there are other ways to achieve what we all want.”

The HRA board and the consultants will organize all ideas to assist in the development of alternative Urban Renewal Plan concepts. 

“We want all ideas on the table; come share how it will work, the pros and cons…in the end it all comes down to whether it is implementable,” said Kelly. “Whatever is brought to the table must provide economic development to the town; how it provides it is the thing that can be debated.” 

“To improve the space, we have to take into consideration the rest of the town and what will be good for all,” said Kernan. 

The HRA challenges everyone to “imagine what is possible” when submitting their ideas to Contact@HRA02045.com. A

Select Board delays final vote on public comment policy to July 26

By Carol Britton Meyer

The select board continues to refine a temporary public comment policy that would allow individuals to speak on virtually all agenda items during board meetings unless the board articulates a specific reason not to allow it.

“This is a work in progress,” Town Counsel James Lampke said this week, noting that the board “recognizes that public comments are important.”

The board voted affirmatively on an updated version that Lampke will review and revise and then present a clean copy at the July 26 meeting, at which time the board will take another vote. The temporary policy would take effect immediately once it gains final board approval.

In essence, the board will accept public comments on individual agenda items, except on the rare occasion when, for a specific reason, it decides not to due to time constraints, a full agenda, or to allow time to address other matters. But this decision cannot be made randomly. The board may also defer comments until an upcoming meeting.

The intent is for the chair, Greg Grey, to conduct all meetings in “an orderly and peaceful manner while recognizing the public’s rights of free speech,” Lampke said.

Each speaker, other than applicants making a presentation, the select board, town counsel, the town manager, and other staff, will have two minutes to present comments after being recognized by the chair. The chair could then decide to allow someone to speak a second time on the same agenda item after all those interested in speaking on that topic have had an opportunity to make their comments.

Speakers are required to identify themselves by name and address for the record, and are encouraged to confine their comments to matters related to agenda items.

“The select board is not obligated to respond, but may do so if [its members] wish,” Lampke said.

All individuals wanting to speak are encouraged to maintain “order and civility” and to present their remarks in a respectful manner, “treating others as you would wish to be treated,” Lampke explained. The policy is being drafted in response to a Massachusetts Supreme Judicial Court case that determined that municipalities could not prohibit “rude” public commentary at meetings, but could put limits on how the public-comment period is managed.

“Let’s play it by ear and see how it goes, and the other four board members will act as watchdogs,” board member Jerry Taverna said.

In accordance with state law, “no person shall disrupt the proceedings of a meeting,” Lampke said. “If after a clear warning from the chair [this behavior] continues, the chair may order that person to withdraw from the meeting and could authorize a constable or other officer to remove [him or her] from the meeting. Hopefully, we will never get to that point.”

Lampke added that he has always recommended that when a discussion gets heated, that the chair call for a five-minute recess.

“Most of the time when the meeting resumes, everyone has calmed down, and the meeting can proceed in an orderly fashion,” he said.

The temporary policy also states that comments made by the public during public meetings “do not reflect the views or positions of the select board or the town.”

The same rules apply to both in-person and remote meetings.

Lampke called the temporary policy that was reviewed this week “a working document,” based on recent court decisions, other communities’ policies, and other sources.

Select Board begins negotiating new town manager’s employment contract

The select board met in executive session Wednesday night to negotiate an employment contract with incoming Town Manager Jennifer Constable.

INCOMING TOWN MANAGER JENNIFER CONSTABLE

Constable recently was chosen by the select board from among three finalists to replace the retiring Philip Lemnios. She recently resigned from her job as Rockland’s assistant town administrator after four years in that role.

Constable’s service to the Town of Hull over the past 20 years includes terms on the affordable housing committee, planning board, and seven years on the select board. She holds a master’s degree in public administration.

At its June 28 meeting, the board appointed Police Chief John Dunn acting town manager and approved a proposal by Lemnios to provide interim consulting services from June 30 until Constable begins her duties. 

The board did not return to open session following the executive session Wednesday.

-- Carol Britton Meyer

HRA promoting two-way road plan to improve safety, ease traffic bottlenecks

By Dolores Sauca Lorusso

Regardless of what happens with proposals to develop the Hull Redevelopment Authority’s property, the board is moving ahead with plans to reconfigure the traffic flow by creating narrower, two-way roads along the HRA land and in the Surfside business district.

The traffic plan is similar to the road pattern that existed in the area before the HRA property was consolidated in the 1970s.

“The two-way road is important regardless of what happens with the HRA” Chris DiIorio, director of community development and planning, said at a recent meeting of the authority.

Kevin Dandrade, principal at TEC incorporated, who has been working with the town and the HRA since 2015, summarized the benefits of the two-way road: It improves the safety and quality of pedestrian spaces, allows for the “right-sizing” of Nantasket Avenue, eliminates current traffic bottlenecks, improves access for businesses and emergency services, and the transfer of surplus land to HRA will allow new road design to activate pedestrian space and knit together Surfside and Kenberma.”

Longtime HRA member Bartley Kelly, who also is the town’s building commissioner, said there are “three stakeholders” that own affected property: the town, HRA, and the state Department of Conservation and Recreation.

“All three have to sign on to this improvement, and it is an improvement,” he said.

The transfer of land from the town to the HRA is not “simply a transfer,” said Kelly, adding the HRA will compensate the town “based on current land values.”

“There will be an HRA property transfer to the town for Edgewater extension, so the transfer goes both directions,” DiIorio said.

According to Kelly and DiIorio, the DCR has not been “responsive” regarding the two-way road plan proposal.

“Hopefully the lack of engagement will change with the new commissioner,” said Kelly.

DiIorio believes the DCR will eventually “get on board with” the changes because the agency will see the benefits.

“Perhaps a better strategy to get a response from the DCR regarding the proposed two-way road plan would be to incorporate those goals in the two-way road plan,” said Patrick Finn of Telegraph Ave.

According to Finn, state Sen. Patrick O’Connor presented a letter from the DCR to the select board this spring that “clearly stated the intent of the DCR to implement the goals of their master plan.”

Finn would like everyone to work together to pursue “fully funding the DCR Master Plan, along with the two-way road plan” to ensure the goals of both plans are incorporated in the HRA’s draft plan.

“The DCR mission is recreation, the HRA mission is development that produces tax revenues,” he said. “Let the DCR build their public boardwalk, rather than the HRA precluding the possibility of a widened pedestrian boardwalk with shade structures, benches, and a raised two-way bike lane.”   

HRA member Adrienne Paquin agreed the situation for bikers could be improved in the plan, saying the current plan for bikers “does not make sense to her.”

Safety has also been identified as a key concern in the decision to implement the two-way road plan. According Kelly, over the last three months there have been two rollover accidents on Hull Shore Drive, as well as some “near misses” with drivers going the wrong way on the road.

The current road allows people to pass, creating a “multi-lane threat,” while two-way traffic offers “safer crossing for pedestrians with single lane controls and better cross ]walk areas,” said Dandrade. “The signal at Edgewater extension offers the ability to control traffic with a signal for multiple purposes.”

Sue Vermilya, a founding member of SOS, Save Our Space, inquired about cost and the expected duration of construction.

Dandrade said the street reconfiguration will cost approximately $8 million. “Always flexible with how things go with construction…can specify that the bulk of the work be done in the shoulder season so no to tie up traffic in the busy season,” he said.

“It is going to cost a lot of money…funding is the biggest hurdle; MassWorks looks at economic development for any money,” said DiIorio. He said this a town project; therefore, the town is “exploring all other available sources of funding.”

MassWorks funded the preliminary work, while the initial 25% design was funded by the HRA.

Paquin expressed a desire to “decouple” the two-way road plan from the HRA Urban Renewal Plan discussions, rather than “linking them completely together so there is no flexibility at all.”

According to Dandrade, the reconfiguration received select board endorsement and town meeting approval in 2018 and has “utility” all by itself, but is “beneficial to the redevelopment of the HRA property.”

“The whole town benefits from the two-way road system,” Kelly said.