MANCHESTER-BY-THE-SEA

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1 MANCHESTER-BY-THE-SEA BOARD OF SELECTMEN TOWN HALL Manchester-by-the-Sea, Massachusetts Telephone (978) FAX (978) MINUTES OF THE BOARD OF SELECTMEN September 25, :30 p.m. Town Hall MEMBERS PRESENT: Chairman Boling, Vice Chairman Beckmann, Mr. Kehoe, Mr. Steinert & Ms. Driscoll MEMBERS ABSENT: STAFF PRESENT: Mr. Federspiel, Town Administrator, Ms. Brown, Town Planner, Chief Conley, Chief of Police, Chief Kramlinger, Chief of Fire Department and Ms. Hunter, Clerk Finance Committee GUESTS: PRESS: Abigail Bliss, Gloucester Times At 6:30 p.m., Chairman Boling called the meeting to order noting that the meeting was being video/audio-taped by volunteers from Cape Ann T.V. and audio-taped by Ms. Hunter and asked that if anyone in the audience was taping the meeting, they should let the Board of Selectmen know. Public Hearing Nuisance Dogs Residing at 12 Woodcrest Rd. Mr. Kehoe moved to open the Public Hearing on Nuisance Dogs at 12 Woodcrest Rd., Ms. Driscoll seconded the motion. The motion passed. (Ms. Beckmann recused herself.) Chairman Boling stated that the Board would take evidence during the hearing and it was procedural to swear in the public who would be testifying. Members of the public were sworn in. The hearing began with Chief Conley s statement to the Board of Selectmen. Chief Conley is requesting the Board of Selectmen, pursuant to authority established by M.G.L. c. 140/157 and Town bylaws Section 28 (G 1,2,3), to schedule a hearing for the purposes of determining a nuisance dog(s). Specifically, two dogs belonging to Christopher and Catherine Glass, of 12 Woodcrest Rd, have been the focus of several communitywide complaints over the past 9-months. Animal Control Officer Gilson has intervened on several occasions and I have unsuccessfully attempted to mediate a resolution since May Given the breadth and volume of complaints I suspect both dogs may fit the criteria. The dog owners, however, are entitled to due process and an opportunity to provide testimony in defense of this proposition. Officer Gilson reports: A typical response was to send a cruiser to the house, in which case they would usually contact Cathy Glass or a family member who would bring the dogs inside. If a unit was not available, the Dispatchers or myself would contact Cathy Board of Selectmen minutes Page 1

2 by phone and ask her to bring the dogs in. At one time, I did observe the dogs barking when I pulled up and the dogs were brought inside upon my arrival. The length of the barking may be at issue, I think there is no question that the barking is very frequent and very loud. Chief Conley concluded, should the Board determine the dogs to be a nuisance as defined by statute, I would recommend ordering the owners to take remedial action which may include, but not limited to: dog walking, daytime care and barking remediation training devices. Additionally, should the dogs be determined to be a nuisance, I would instruct Officer Gilson, when reasonable, to begin issuing Notice of Violation with appropriate fines. Chief Conley further stated there was no evidence of abuse of the dogs. Chief Conley s statement was handed to Chairman Boling. The Board had no questions for Chief Conley at this point in the hearing. Ms. Melia, 27 Woodholm Road, was the first neighbor to testify. She stated she loves dogs. The dogs at 12 Woodcrest Rd. bark every day and all day and the barking has been going on for months. Mr. Kehoe asked if there had been any damage or interference in her life due to the barking. Ms. Melia restated the dogs bark 8:00 a.m. to 4:00 p.m. every day, it is a nuisance. Chairman Boling asked if she had ever complained to the Police. Ms. Melia stated she had not, but noticed that others had complained from reading the Cricket. Ms. Melia also stated she had not spoken directly to the Glass about the barking. Ms. Melia added, on the coldest day last winter the dogs had been left outside. Mr. Stember, 9 Woodcrest Road, stated he was sad and his stomach was in knots to be speaking to the Board on this issue. He has known many dogs and had no issues with dogs. However, the past two years have taken a toll on himself and his wife personally and the neighborhood in general. Two years ago, the Glass had a dog named Luna who was on a stake in the yard from early in the morning until late in the evening and constantly barking. Mr. Stember sent a letter to the Glass requesting they meet to discuss the barking. According to Mr. Stember, Mrs. Glass stated that Luna was a barking breed dog and needed to use her voice. According to Mr. Stember, Luna tragically passed away and for a while the neighborhood was quiet. The Glass then purchased two more dogs of the same breed and upon maturity the barking once again became an issue. Mr. Stember indicated this demonstrated a pattern of behavior. The dogs are loud, large and scary. Despite conversations and complaints from neighbors there appeared to be no way of affecting change. He stated, he and his wife cannot enjoy their deck and sleep with a white noise machine. Ms. Hirnak, Mr. Stember s wife, works from home and cannot hear on conference calls, cannot concentrate and is frequently disrupted by the barking dogs during her work. Mr. Kehoe asked if the dogs could be heard barking when they were inside. Mr. Stember replied no. Mr. Kehoe asked if there had been a change recently. Mr. Stember replied considering the hearing, he believes, things had improved. Mr. Stember indicated he had letters from his wife, Ms. Hirnak and neighbors Ms. Markos and Mr. Bellucci, 6 Running Ridge Row, for the Board, Chairman Boling accepted the letters. Board of Selectmen minutes Page 2

3 Mr. Kordonis, 9 Highwood Road, stated he frequently walks with his small children past 12 Woodcrest Rd. on his way to his relatives home at 6 Running Ridge Row. His children are afraid of the dogs and their loud barking. Chairman Boling asked how often he passed 12 Woodcrest Rd. and Mr. Kordonis stated a couple of times a week, but his children pass the home more often with their babysitter. They try to avoid the barking dogs because of the children s fear and the intimidation from the barking. Mr. Chiarito, 14 Woodcrest Road, lives next door to the Glass family. He is a dog owner and knows the enjoyment a dog brings to families. He has made complaints about the dogs to the police. He works from a home office and cannot use speaker phone because the barking dogs disrupt his conversations. He cannot nap on his back porch without being woken by barking dogs the frequency of barking is dozens of times a day. Chairman Boling asked if there had been improvement recently. Mr. Chiarito indicated in the past month the dogs did not appear to be out as often and the barking was reduced. Mr. Chiarito stated the dogs bark at bikers, walkers and cars. Chairman Boling asked how long Mr. Chiarito had been a resident, he replied 12 years. There were no additional questions from the Board. Mr. Glass, 12 Woodcrest Road, the dogs owner spoke next. He thanked the Board and Chief Conley and apologized to the neighbors for his dogs barking. He stated his dogs did bark, they are 1 ½ year old Great Pyrenees (a large breed of dogs, each dog weighs 100 lbs.) He stated the dogs bark at a reasonable level. He stated the dogs are not left out alone, there is usually someone at home with the dogs. Mr. Glass provided a packet of material for the Board including receipts for electric fence, collars for the dogs, dog training and a letter indicating the dogs were registered support animals for 2 of his children with disabilities. He and his family are working to limit the barking. Mr. Glass also stated the dogs were not left unattended or tied to a stake in the yard. He indicated the dogs did not bark at the neighbors from 14 Woodcrest when they were walking their dog. The dogs did not bark at the mailman, UPS delivery person or others they recognize and know. The dogs are friendly, and people are welcome to come into the yard and pat the dogs. Chairman Boling asked if there was a stake in the yard and when the electric fence was installed, Mr. Glass restated there is no stake in the yard. Mr. Glass and Ms. Glass indicated the fence was installed in September Mr. Boling asked if the dogs were left out alone and if other people tended to the dogs. Mr. Glass stated, they are outside alone, however, there is always someone at home to bring them in, including mother-in-law and his father who reside with Mr. and Ms. Glass and their 5 children. Mr. Glass further stated the dogs were not out before 6:00 a.m. or after 8:00 p.m. Mr. Glass stated to the neighbors working from home that they live in a neighborhood not a business district. The noises in the neighborhood are typical of any neighborhood with children playing, dogs barking and other noises. Mr. Kehoe asked if Mr. Glass understood the neighbors statement that the dogs were an imposition on their lifestyle; was that something you would object to? Mr. Glass indicated the neighborhood has changed around his family and may be a quieter neighborhood today than when the family originally settled. Mr. Kehoe indicated there Board of Selectmen minutes Page 3

4 appears to be a dichotomy of people able to live a normal life without disruption. Mr. Glass does not feel that the dogs bark for an excessive period. Mr. Kehoe asked about the notice regarding private dog training how long has that gone on and will the dog training continue. Mr. Glass indicated his wife would be better able to respond to that question. Ms. Glass, 12 Woodcrest Road, stated we are responsible dog owners. We wait to put the dogs out in the morning until 7:00 a.m. and the dogs are not left unattended, if they bark they are called in. The dogs are emotional support animals for two sons. Ms. Glass further stated we are working to resolve the situation, but dogs are going to bark. Ms. Glass is working with a new trainer, special collars were purchased, and the dogs are being trained to stop barking on command. The dogs are beginning to respond to the training. Ms. Glass indicated if this did not work then the dogs would be sent to a special training camp for 2 weeks. Chairman Boling asked when the electric fence was purchased, and Ms. Glass indicated there had been a previous electric fence purchased in 2015 but was not as effective as the current electric fence which was suggested by a neighbor and installed in Ms. Glass went onto state they are reasonable people who want to remain in the neighborhood and reiterated dogs are going to bark but their dogs do not bark continuously. Ms. Ava Glass (the daughter), 12 Woodcrest Road, spoke on behalf of her family. She indicated they were a busy family who drop everything to tend to the dogs. She also stated she felt bad the neighbors feel the way they do. Ms. Daly, 20 Forest Street, spoke in support of the Glass family and stated the dogs are well cared for and friendly. The dogs do not attack or growl. She further stated the Glass are responsible loving dog owners. Ms. Melia, 27 Woodholm Road, stated she has resided in the neighborhood for 39 years and never recalls dog barking like this. Mr. Sean Chiarito, 14 Woodcrest Road, stated the dogs do bark at him and the barking can be intimidating. On occasion the dogs have barked at him aggressively. Chairman Boling asked Chief Conley what had been done to mediate the issues. Chief Conley indicated that beginning in May 2017 he became involved in the situation and attempted to mediate in response to concerned neighbors. It is apparent, according to Chief Conley, all sides are entrenched. By the end of August when there was no relief and it appeared that the barking exceeded community standards, the only recourse was to file for the hearing. The Chief s concern was responding to barking dog complaints took Police Department resources from one part of Town to another and that the situation needed to be adjudicated at the Board of Selectmen level. Chairman Boling accepted three letters into testimony. The letters were from: Chrissa Markos and Keith Bellucci, 6 Running Ridge Row Carl Anderson, 10 Woodcrest Road Michela Hirnak, 9 Woodcrest Road Board of Selectmen minutes Page 4

5 Mr. Kehoe moved to close the evidentiary part of the hearing, Ms. Driscoll seconded the motion. The motion passed unanimously. Mr. Kehoe initiated the deliberations by stating there was a dichotomy of opinions regarding the imposition of barking into the neighborhood from okay we take care of it to the barking is disruptive to the life style of the neighbors. It appears the dogs owners have worked to improve the situation and there has been some improvement in the past few weeks. Mr. Kehoe suggested the Board come back in a set period to determine if the excessive barking has been stopped. Mr. Steinert outlined four areas of concern: 1. Track noise to the neighbors 2. Neighborhood relations 3. Dog noise impact on property owners and 4. Residual impact to the Town. Mr. Steinert suggested keeping the dogs inside except when outside for walks. Ms. Driscoll stated the Glass needed additional time to curtail the barking and the opportunity to continue working with the trainer to make that happen. Chairman Boling stated there is a dichotomy of opinions, but the facts presented indicate there is frequent and loud barking and that rises to the level of nuisance. The Chief of Police and the Animal Control Officer will be directed to manage the situation and report to the Board of Selectmen. Chairman Boling moved based on facts presented at the public hearing and not limited to Police Reports the Board of Selectmen find the 2 dogs at 12 Woodcrest Road as nuisance dogs by frequent loud barking. The Animal Control Officer and Chief Conley will work on a mitigation program with monthly status updates to Chief Conley and in two months an update to the Board of Selectmen. Mr. Kehoe offered a friendly amendment that the mitigation program will last for up to 6 months. Friendly amendment was accepted. Mr. Kehoe seconded the motion. The motion passed unanimously. Mr. Kehoe moved to close the public hearing, Ms. Driscoll seconded the motion. The motion passed unanimously. Town Energy Program Update, Manchester Energy Efficiency Programs (MEEP) Committee Mr. Stalling, a member of the MEEP Committee presented the Board with a threepronged approach for the Town to move forward on solar energy related projects. 1. Sign up the Town s small electric accounts with the Clean Energy Collective, earning net metering credits estimated at $4K to $5K in annual savings. 2. Sign up the Town s larger electric accounts (30) with a project by Borrego Solar, earning net metering credits of $35K to $45K in annual savings. 3. Install solar arrays on Town s Water Plant, Sewer Plant and Fire Station. Offer the new electric production to Town residents and businesses. Earn $3K to $5K Board of Selectmen minutes Page 5

6 annually and provide lower cost green energy to residents who do not have an opportunity to install their own solar. Mr. Stalling indicated the Solar Program currently on the table expires in March 2018 and will provide the Town with the highest level of credits against the Town s energy consumption. It is recommended that the Town move to maximize credits and conservatively save between $35K to $45K in electric service bills annually. The Town s first step in the process would be to sign a Letter of Intent with the provider to begin discussions and allow the provider to procure funding for the project. The next step is to clearly define a Purchase Power Agreement, for 1.2 Million Kilowatt Hours. Ms. Beckmann asked what other communities were moving forward with their Solar Programs, Mr. Stalling will follow up with that information. Chairman Boling inquired about the length of the contract and if the 25-year term was negotiable. Mr. Stalling indicated it was an industry standard. Chairman Boling also asked what would happen if a better opportunity presented itself during the terms of the contract, was there a means to change providers. Mr. Stalling indicated that the terms of the contract would be closely monitored and as opportunities developed discussions with the provider would take place. The Board asked Mr. Stalling to follow up in 3 areas: 1. Identify other Communities in Cape Ann pursing this opportunity. 2. Contract provisions and notifications 3. Provide a sample letter of intent. The Board is interested in pursuing the options of placing solar arrays on Town structures, a final decision will require a change in the by-laws and will need to be presented to the residents at the Annual Town Meeting in April Mr. Stalling will provide requested information to the Board at the October 2, 2017 meeting. Town Road Speed Limits and Complete Streets Discussion Chairman Boling stated the road stripping recommendations were as follows: Pine Street, the recommendation is to have a wider shoulder on the outbound side from Central up to Deer Hill and from there go with a centerline. The 10- foot travel lanes and 3+/- foot shoulders. Stripping on Bridge and School Streets will be removed, and the lines redone according to the recent shift to accommodate parking on the inbound lanes. Ms. O Rourke, 10 Forest Street inquired about all users and bike lanes. Mr. Federspiel indicated that project was out of the scope of work and would require an investment of $1.5M. Ms. Davis, 4 Sumac Lane asked where the stripping would be on outbound shoulder on Bridge Street. Mr. Federspiel replied that to afford people in parked cars some degree of safety the stripe would be in between original and new line. Chairman Boling asked that further questions on stripping be directed to the Town Administrator or DPW. Board of Selectmen minutes Page 6

7 Chairman Boling allowed for active community participation and discussion during the hearing on the Complete Streets Projects for submission to the Complete Streets Funding Program. The Town Planner will complete the grant application requesting $400K to fund the proposed projects. Chairman Boling indicated several projects had the community s full support with two projects open for debate. 1. Harbor St. and Bridge St. intersection, specifically the elimination of the traffic island and the need for flashing lights at crosswalk. 2. Pine St. and Bridge St./Central St. intersection round about, this project will require a test to be conducted in the spring of 2018 with final information available on June 1, Mr. Rossi, 89 Bridge St. suggested going through the proposed projects. He recommended a redesign for the Harbor St. and Bridge St. project, stating there was a hill obstructing view of on-coming traffic and slips made it safer for cars pulling out. He agreed with the need for crosswalk flashing lights. Mr. Chapman, 131 Bridge St. agreed with the visibility issues raised regarding the Harbor St. and Bridge St. project and indicated removing the traffic island would cause problems for neighbors backing out of driveways and trucks use of the island for turning around. He is in favor of the side walk improvements and crosswalk flashing lights. Chairman Boling recommended pulling this project off the list for redesign and future consideration. The crosswalk flashing lights will be part of the Route 127 project. Mr. Centner, 72 School St., Chairman Bike/Pedestrian Committee, indicated the Committee supported the proposed projects. Mr. Harris, 26 Tappan St., Chairman Downtown Improvements Project, indicated the most important project to address is the Pine St. and Bridge St./Central St. project, stating this was a significant intersection requiring modification and improvements. Mr. Carlson, 9 Walker Road, supports the Pine St. and Pleasant St. intersection project. He stated it has been an issue for 17 years and is a serious concern given the number of children going and coming home from school. Chairman Boling assured Mr. Carlson it was on the list. Ms. Beckmann initiated discussion on the Pine St. and Bridge St./Central St. project and the need to evaluate proposed changes to this intersection. Chairman Boling proposed a formal round about test for the spring. The test will be take place with final recommendations presented on June 1, 2018 and funding requested in the following year s grant request. Mr. Federspiel outlined the final projects for the Complete Streets Grant. The projects are as follows: 1. Beach St. and Union St. 2. Central St./Union St. and School St. (eliminate back in parking) 3. Washington St./Summer St./Sea St. Board of Selectmen minutes Page 7

8 4. Route Norwood Ave. and Brook St. 6. Washington St. and Norwood Ave. 7. Beach St. 8. Pine St. and Pleasant St. 9. School St. and Lincoln St. Mr. Kehoe moved to approve the finalized list presented by Mr. Federspiel, Ms. Driscoll seconded the motion. The motion passed unanimously. Speed Limits and Safety Zone Mr. Centner, 72 School St., Chairman Bike/Pedestrian Committee, initiated the discussion with a request the Town consider defining a Safety Zone to include all streets within a one-mile radius from the center of Town (Town center defined as the train station). The speed limit within the Safety Zone would be 20 mph. Pedestrian advocates like to say, Twenty is plenty to illustrate that busy urban areas should never have speed limits over 20 mph. 93% of all people hit would survive a crash at 20 mph. Chief Conley indicated he was in favor of the reduced speed limit. The Chief also indicated that increased signage will help to reduce speed. All citizens who spoke to the establishment of the Safety Zone with a 20-mph speed limit supported the implementation of the Safety Zone. Ms. Beckmann stated creating a Safety Zone is one of the most important things we decide for the community we will define the Town as a Slow Town. Ms. Beckmann moved to accept the recommendation by the Bike/Pedestrian Committee to create a one-mile Safety Zone within a one-mile radius of the Town Center, Ms. Driscoll seconded the motion. The motion passed unanimously to the applause of the gathered citizens. Fall Town Meeting Article Discussion Warrant Articles: The Scenic by Law addition has been removed from the Warrant. Noise ordinance language section b has been amended to allow for BOS to provide exemption for work by/for municipality on behalf of the Town as approved by BOS. Article regarding Conservation Committee the Committee was unable to meet there is no final answer on possible amendments. BOS decided to leave Article on the Warrant with the hope that Conservation Committee would meet prior to final posting of the Warrant Articles in the Cricket. Board of Selectmen minutes Page 8

9 Consent Agenda BOS Minutes Town Clerk Resignation Letter Allie s Beach St. Café Common Victualler License 2017 Request to Declare Old Police Lockers Surplus Request to Declare Fire Truck Surplus Special Event Request: Touch-a-Truck on October 21, 2017 from 8AM-4PM Donation from First Baptist Church Fire Truck Fund ZBA Appointment John Binieris Mr. Kehoe moved to approve Mr. Binieris appointment to the Zoning Board of Appeals for a one-year term, Ms. Beckmann seconded the motion. The motion passed unanimously. Mr. Kehoe moved to accept the Consent Agenda, Ms. Beckmann seconded. The motion passed unanimously. Reserve Fund Transfers Veterans Services Qualifying Veteran $10K Mr. Kehoe moved to approve the transfer of $10K to Veterans Services, Ms. Driscoll seconded the motion. The motion passed unanimously. Fire Department Staffing $25K Mr. Kehoe moved to approve the transfer of $25K for Fire Department staffing, Ms. Beckmann seconded the motion. The motion passed unanimously. Thermal Imaging Camera Replacement Fire Department $10K Ms. Driscoll moved to approve the transfer, Ms. Beckmann seconded the motion. The motion passed unanimously. Correspondence FEMA Letter Dated Letter of Map Revisions (LOMR) MASSDOT Letter Dated Lincoln St/Sawmill Brook Bridge Inspection Report Summer Hill Trust Water Abatement Application Dated There was no discussion on correspondence. Town Administrator s Report 1. Construction Updates: By the end of the month, all water line work will be completed. The replacements of the sewer pumps are going smoothly, and the work will be completed by the end of October. Additional sewer line work will be done in the next few weeks. Dredging will start the first of October. Currently working on new protocols for informing the public about construction work, road closings and expected impacts. Board of Selectmen minutes Page 9

10 2. Hazard Mitigation Plan: Town Counsel advises against singling our any sub group of property owners. The Plan is designed as a town-wide plan. Notices and information should be provided town-wide. 3. Medical Leave Status: The hearing requesting a full review by a panel of physicians for Meola went well. We are hopeful that this will occur, and we will eventually get the case resolved. Other Matters, As May Not Have Been Reasonably Anticipated by the Chair (Discussion Only) Mr. Kehoe moved to adjourn the meeting. Motion was seconded and the meeting adjourned. Board of Selectmen minutes Page 10