The masks are back.

The School Committee, themselves wearing masks again at their Wednesday, Aug. 25 meeting, discussed Superintendent of Schools Jeff Szymaniak’s being notified at 3:45 p.m. that day that Department of Elementary and Secondary Education (DESE) Commissioner Jeff Riley has mandated masks in schools through at least Oct. 1.

School Committee Chairman Christopher Howard said the panel’s vote last week to follow DESE guidance on masks recommendations meant no further action was required.

“This board, this superintendent, didn’t mandate this policy,” Szymaniak said. “The Board of Education has authorized [it] and the Board of Education supersedes all of us right now. … It’s a mask mandate by the commissioner of education and we’re expected to follow that.”

He asked parents, whether they agree with it or not, to help schools keep in compliance with the commissioner’s policy. Szymaniak stressed that the district had a good year last school year, despite dealing with a mask policy.

No social distancing guidelines were issued, but Szymaniak said teachers have been asked to space students out to three-feet apart when they can. Assistant Superintendent George Ferro said the six-foot distance guidelines is still referred to when contact tracing is needed.

“I’m not happy that it came out after 3:30 p.m. today and was effective immediately,” Szymaniak said. “It put us into a scramble with our orientation …school committee. We did it, but it put people into a spin.”

He said that, if he had been out of the office for any reason at that time, “We’d be behind the 8-ball.”

Whitman Town Administrator Lincoln Heineman had informed Selectmen on Tuesday, Aug. 24 that the state Board of Education had approved the mandate and an order could be expected. Riley had told Superintendents that day that he was going to ask the board and ask to have the authority to exercise the right to mask students for public safety through Oct.1, pending the achievement of an 80-percent vaccination rate among students and staff in a given school.

Parents wishing to inform the district about their child’s vaccination status should do so by contacting their school’s nurse. While there is no provision for remote learning this year, if a student gets COVID, they will be instructed as any student absent with an illness.

As of Aug. 18, Hanson had a 39-percent rate among students ages 12 to 15, and 63 percent among ages 16 to 19. Whitman had a 50-percent vaccination rate of ages 12 to 15, and 63 among ages 116 to 19.

The state average for ages 12 to 15 is 63 percent, and is 67 percent for ages 16 to 19.

In response to a question from member Christopher Scriven, Szymaniak said his interpretation of the order is that the mask madate would remain in effect for all unvaccinated students indefinately even after a school reaches 80 percent vaccinated.

Szymaniak added that news reports he has read indicate a vaccine for ages 5 to 12 is expected in November.

“But the way I read this, our K-grade six kids are going to be masked indefinitely until the vaccination is available,” he said.

He pledged to find ways to help increase the vaccination rate.

“If needed, I will work with both fire departments and physicians they connect with to offer vaccine clinics so that we can hit that threshhold, if needed,” Szymaniak said.

The School Committee had voted 6 to 4 on Aug. 17 to follow DESE regulations, which only recommended masks at that time. The Mass. Association of School Superintendents (MASS) contacted Szymaniak on Friday, Aug. 20 to be on the lookout for a call from the commissioner that day, who provided information about the Aug. 24 Board of Education meeting.

“This is flowing quickly,” Szymaniak said.

In accordance with the state’s time on learning requirements, all students age 5, and staff in all grades, above were to immediately begin wearing masks through at least Oct. 1. Masks are required indoors in school except when outdoors, with the commissioner reviewing the situation in the near future. All visitors to school buildings are expected to wear masks in school buildings.

Masks are recommended, but not required for students under age 5. Students with medical or behavioral issues are exempt from the requirement, or may be permitted to use a face shield instead.

Mask breaks are permitted during the school day and masks are not required when eating or drinking. Masks are also not required for students playing certain instruments during band classes.

Masks are required for all students and coaches playing sports indoors.

Families are expected to provide masks, but schools should be able to provide disposable masks. Parents were issued a statement from Szymaniak with complete mask requirements.

“We have mask signs going up and we will continue to educate the public,” he said.

Committee member Mike Jones asked if the district could legally require vaccines.

“Legally, we probably can, but we haven’t said that,” Szymaniak said. I think as an employer, we can. There’s precedent and there’s law around that. We have not done that yet.”

He said the district cannot legally ask a student to get the COVID vaccination, although certain vaccinations are required to attend school.

The Whitman-Hanson Regional School District voted 6-4 to amend to the mask policy to reflect the recommendation — rather than mandate — of mask wearing by the Department of Elementary and Secondary Education (DESE) at its Wednesday, Aug. 18. The Committee strongly recommends wearing masks. [See story, this page]. They were scheduled to continue discussion on COVID protocols at district schools on Wednesday, Aug. 25.

“Tomorrow, the governor can make a mask mandate,” Superintendent of Schools Jeff Szymniak said, noting that state protocols could change and that Connecticut Gov. Ned Lamont had mandated masks in his state’s schools Tuesday, Aug. 17.

Szymaniak said new teachers were to report Monday, Aug. 23 and he needed to have some direction. The issue was to be revisited this Wednesday, Aug. 25.

Those expressing disagreement with the vote pointed to concern over variants, discrepancies in where masks are required and social interactions with those who do not wear masks.

“I’m extremely concerned that a recommendation is viewed as an option,” said member Dawn Byers. “This is a public school and I support a universal mask mandate in W-H schools K-12.”

She noted that medical offices, public transportation and Whitman’s Duval’s Pharmacy require masks. Szymaniak recommended to continue following the COVID-19 protocols from DESE and the Mass. Department of Public Health (DPH).

Szymaniak said the district received close to 500 responses to his communication about state COVID recommendations for the fall, ranging “all over the place.”

That made up the committee’s public comment segment on the issue.

“I appreciate everyone who chose to respond,” Szymaniak said. “I want to make sure that folks in the community know that those responses will be … on our website.”

He said he is not permitted to ask vaccination status, but if parents inform the school nurse, it can help with contact tracing.

Chairman Christopher Howard stressed for the public than no one on the School Committee are doctors or epidemiologists.

“We try to be as informed as we can, we rely on the guidance of those that provide it,” Howard said.

“I have a second-grader who hasn’t had a regular school year,” member Hillary Kniffen said with some emotion. “I want nothing more for her, but I also know in our strategic plan, it says that we need to keep kids safe.”

She said that families who want to have their children masked deserve some safeguards in place. There should also be a benchmark as to when masks can be removed.

“Based on these comments, I also have a concern, myself, of the culture of school buildings,” Kniffen said. “I am pleading with families. Regardless of your persepective, you [should] teach your children to be kind, because you don’t know what other families are going through.”

Member Fred Small noted that a face-covering policy still in effect “references guidance that’s no longer there.” He also noted that summer camp program had no mask policy and, while some children wore masks, they were treated respectfully.

“We’ve got this,” said member Steve Bois, who works at the JFK Library where only six people are allowed entry at once. “We can do this.”

He supported the DESE and DPH guidelines.

Member Michelle Bourgelas noted that the American Academy of Pediatrics and the CDC recommend universal masking K-12 regardless of vaccination status. The Mass. Medical and Mass Academy of Pediatricians are asking Gov. Charlie Baker to mandate masks K-12 as well.

“There are other authorities besides DESE,” she said.

“One of the pillars of our district is a safe school environment for our faculty and staff, students and whoever our visitors are, said Szymaniak. “As of March 13, 2020, it has been challenging at best to maintain a safe environment — that pleases all, to make decisions that please all, and open school.”

He noted that people have had differing opinions since school doors closed on March 13, due to the COVID-19 pandemic.

The district has followed the recommendations of the DESE and DPH from the outset. When the school year ended on June 16, “I thought we were going to open like 2019 all over again,” he said. “We had high hopes that we wouldn’t have a conversation about masks and social distancing and all I knew was we were going to have a lot of hand sanitizer, because we got cases and cases and cases of that.”

With that in mind, he asked lead nurse Lisa Tobin to request a statement from both towns’ boards of health and the school physician, based on his intent to ask the School Committee to maintain and follow the DESE and DPH guidelines.

“Seeing what’s going on with the rest of the country’s school systems, I don’t think we should act individually,” Hanson Health Agent Gil Amado stated. “Mass. Counties are now in the CDC high-risk category. I believe the governor, along with DESE/DPH, will come out with other guidance in the near future,”

School physician David Belcher said he felt the proposal was “as good as it’s going to get at this moment.”

“People need to be aware that this is a fluid situation and if COVID numbers climb quickly after the start of school, universal masking may be necessary,” he said, although he added he hoped it would not be the case. “The Delta variant appears to behave a little differently and affect children more.”

Whitman Health Agent Daniel Kelly reached out to board members individually about the DESE recommendation, and will not be able to discuss it as a board until Aug. 24. But the board is in support of DESE’s recommendation — with some changes.

“The number one consideration is the safety of students and staff,” Kelly wrote. “The board recommends the use of masks in all schools to keep everyone as safe as possible.”

The district received a memorandum requiring full-time in-person education of all school districts and programs for the 2021-22 school year from DESE and the DPH on June 30 of this year.

“I am not allowed to offer a remote program for next year,” Szymaniak said.

The memorandum quoted CDC guidelines that vaccinations and continued masking was recommended for all K-12 schools and — because in-person instruction is so important — schools without universal vaccinations should implement physical distancing to the extent possible. DESE and the DPH noted Massachusetts has among the highest vaccination rates in the nation and the efficacy of the vaccine.

Vaccination rates for 12- to 15-year-olds in Hanson are: One dose — 249; fully vaccinated — 198; 16- to 19-year-olds One dose —  402; fully vaccinated — 358. That represents 39 percent for 12- to 15-year-olds  and a 63 percent for 16- to 19-year-olds.

For Whitman 12- to 15-year-olds: One dose — 430; fully vaccinated — 337; 16- to 19-year-olds One dose —  537 (the number of fully vaccinated was apparently omitted). That represents 50 percent for 12- to 15-year-olds and a 63 percent for 16- to 19-year-olds.

“We’re under the state average for both,” Szymaniak said.

Tobin said she is applying to the DESE to test in all district health clinics.

Test and Stay affects quarantining. A rapid test is given to staff and students identified as close contacts to a COVID case. Tests are administered for five straight days as long as they remain asymptomatic and test negative they do not need to quarantine. Symptomatic testing allows a student to stay in school if they test negative.

“This fall DESE and DPH strongly recommends that all students in kindergarten through grade six wear masks when indoors, except students who cannot do so due to medical conditions or behavioral needs,” the memo stated. “Masks are not necessary outdoors and may be removed while eating indoors.”

The agencies also recommend that unvaccinated staff in all grades, unvaccinated students in grades seven and above and unvaccinated visitors wear masks indoors. They recommended that vaccinated students be allowed to remain unmasked.

Those at high risk for disease from COVID, or with a household member who is at high risk, is encouraged to mask regardless of vaccination status.

“Any child or family who prefers to mask at school should be supported with this choice,” the memo continued. A federal order requires all students and staff to wear masks on school buses. Masks must also be worn in school health offices.

District and schools are also encouraged to maintain and establish a “robust testing” program for COVID-19, including both diagnostic testing and screening and pool testing provided at no cost to districts — especially important during cold and flu season.

DESE and DPH indicated they will be releasing updated contact tracing and quarantine protocols.

HANSON — The Board of Selectmen on Tuesday, Aug. 12 took issue with a Zoning Board of Appeals vote against supplying information to interim Town Administrator Lisa Green for a grant application for Mass Housing funds.

Selectmn support the non-competitive grant application. Any community that applies, receives funding.

Green said the grant provides civil engineering services as technical assistance to municipalities going through the 40B process.

“When I approached the ZBA, the administrative assistant informed me they already had a civil engineer who was on the staff already who was overseeing all of this, so they declined going forward with the grant,” she said.

Selectman Laura FitzGerald-Kemmett asked why the ZBA would be allowed to decide whether Selectmen proceed with a grant application.

“We voted to move forward with the Mass Housing Partnership grant,” she said. “Why are we allowing the ZBA to decide whether we are going to move forward with that or not?”

Green said there was information for the application that the ZBA needed to provide. She said the ZBA felt it would only confuse things to bring on a second civil engineer.

The town pays for the ZBA engineer’s services through applicant’s fees.

“I don’t see it as competing engineering,” FitzGerald-Kemmett said. “I see it as we’re asking for a deeper dive on environmental engineering questions. …Their engineer only takes it to a certain level and the applicant is paying for it. … With all due respect, I don’t really care what the ZBA thinks of this grant.”

As an elected board, the Selectmen have a responsibility to the town and abutters regarding environmental contamination and stormwater management through a second review by a civil engineer.

“We’re not taking orders from any board,” Selectman Jim Hickey said, noting the Mass Housing Grant is non-competitive — if the town applies, they receive the funding. “This is the board that runs the town.”

Selectman Joe Weeks agreed that the decision rests with the Selectmen.

The board also discussed improving procedures for the application and appointment procedures for filling vacancies on town committees, with an eye toward attracting more residents to getting involved.

“I’ve gotten a little bit of feedback and I’m trying to be responsive,” FitzGerald-Kemmett said. “We always have an abundance of openings and we don’t always have people signing up for them.”
FitzGerald-Kemmett said she wanted to make sure there is a policy and procedure that immediately acknowledges a person’s interest and application, letting them know it will be considered by the board. They would then be invited to meet with the board and a follow up with them, if they are appointed with instructions for being sworn in and information on who the committee chairman is and how they could contact them.

“I just want to make sure that we’re hand-holding people and being super appreciative of anybody that’s stepping up to be a volunteer,” she said.

Administrative Assistant to Selectmen Greer Getzen said she always follows up with applicants, sending them a letter thanking them for their interest and a date when Selectmen would be scheduled to vote on their application to make sure they are available. She also followed up with information on being sworn in by the Town Clerk.

“During COVID, I supplied [the Town Clerk’s] information, phone number and her email, so that they could contact her to make an appointment,” Getzen said.

FitzGerald-Kemmett wondered if the Town Hall’s appointment-only phase during COVID could be where “things jumped the track a little bit.”

She also stressed it is not intended as a reflection on Getzen or Green.

“This is an inherited and historical issue,” FitzGerald-Kemmett said.

Getzen replied that her correspondence was even more specific at that time.

“I’m glad to hear that,” FitzGerald-Kemmett said, adding that the current list of vacancies could be reviewed to determine if they are, indeed, still vacant as well as whether there are vacancies not listed.

Chairman Matt Dyer suggested the town’s volunteer handbook be listed among the information offered on the town’s website.

Getzen said a link could be added for that.

More information about committee portfolios and a more straightforward assessment of time commitments required would help market the openings more effectively, FitzGerald-Kemmett suggested.

“I think when you boil it down to that, people may think, ‘I could do that. I have wanted to give back, but I didn’t know what the time commitment was,’” she said.

Curt M. Tarvis II, who was elected to the Cemetery Commission echoed the point that there is little information about committees on the website.

“If there was more information available, you may get more volunteers,” he said.

“I honestly think we are not doing ourselves any favors,” FitzGerald-Kemmett agreed. “We bemoan the fact that … we’re reading all these [vacancies], but we’re not doing anything to help the situation. … If we can get some more people on these boards, it’s more engaged citizens, and god knows, we need more engaged citizens.”

She also said it could be a path to more people running for elective office.

Getzen said that, with a dedicated IT person coming on board, there will be more information on the site.

HANSON — While it isn’t yet clear how the Delta variant of COVID-19 might effect the town’s October special Town Meeting, holding the session outside is off the table because of annual concerns about mosquito-borne diseases such as West Nile Virus and Eastern Equine Encephalitis (EEE).

Selectmen began taking a look at the options during the board’s Tuesday, Aug. 10 meeting.

“We are quickly approaching October, which is crazy to think — especially with the Halloween candy at Shaw’s being out for a few weeks, now,” Selectmen Chairman Matt Dyer said to open the discussion on the venue and format for the Town Meeting, as well as some of the articles planned on the warrant.

Dyer suggested looking to use the gym at WHRHS again.

“That’s why I asked to have [the discussion] on the agenda,” said Selectman Laura FitzGerald-Kemmett. “I just thought, if we want to do that, there’s only about six weeks or something, and I thought that went very well.”

School officials helped set up the socially distanced meeting so people felt safe to attend, which helped attendance, she said.

The issues included on the warrant will likely include a residency requirement to the bylaw for all appointed volunteers, which FitzGerald-Kemmett and Selectman Joe Weeks submitted.

The deadline to submit articles for the warrant is Aug. 24.

FitzGerald-Kemmett sought to clarify that there may come a time, when a long-time town volunteer with a great deal of institutional knowledge, may have to sell their home as they age or are renovating a home and have to live elsewhere for a time.

“I don’t want to paint ourselves into a corner,” she said. “I’d like to have some proviso where the board could make an exception knowingly.”

Interim Town Administrator Lisa Green said neighboring Whitman recently passed a bylaw that addressed that exact issue. She said she would reach out to Town Clerk Dawn Varley to obtain a copy of the bylaw and is planning to also contact Town Counsel Kate Feodoroff for her opinion on the issue.

“This is on an exception basis, with the whole board making a decision on a majority vote,” FitzGerald-Kemmett said of the residency article.

A citizen’s petition being circulated may or may not include that proviso, she said.

“If there’s anyone that would like the town to consider a certain article of business, please check in with the town clerk to make sure that you get all the rules and guidelines on how to create a citizen’s petition,” Dyer said.

One petition, by resident Frank Melisi, has already determined to be invalid because of formatting errors, and Dyer said Selectmen were working with him to help correct the errors.

“I would like for us to talk more broadly about citizens’ petitions and come up with a process … to help people, so that they don’t have this extremely frustrating experience of trying to do what I think is the most pure form of democracy,” FitzGerald-Kemmett said.

Selectmen’s Administrative Assistant Greer Getzen said a lot of towns have formalized a handout to help guide residents through the citizen’s petition process.

FitzGerald-Kemmett said that, in the past, even when the process had been followed, petitions have been awkwardly or inaccurately worded. She suggested that a remedy would be to pass it by town counsel or to Green to make sure the wording was correct.

Green said that would be up to the board.

“I’m just wondering if the board has an appetite to have our town counsel review these at their hourly rate,” Green said. “I’m willing to help anybody out. I don’t want to steer people in the wrong direction.”

She said some towns with larger legal services budgets can make more use of town counsel in such cases.

Selectman Kenny Mitchell said people seeking to introduce a citizen’s petition should reach out to the Selectmen chairman, send it to Green and let the board review it.

“If it’s something that makes sense, it won’t have to go through the citizen’s petition route,” Mitchell said. “We can create an article, if we agree to it.”

He did not agree with offering town counsel services.

Selectman Jim Hickey agreed, but argued that town counsel review should be allowed in cases where the board does not agree with a citizen’s petition.

Weeks agreed with those suggestions, arguing it helps protect the board as well.

“Cover all the bases,” he said. “Maybe we should have a larger, open conversation about the use of town counsel related to these things.”

Weeks also said that, while there is a recall law in Hanson related to elected officials, one does not exist pertaining to appointed officials. He argued removal authority should be built into appointing authority.

“One of the things we’ve been trying to get clarification on is removal of appointed officials at any given moment,” he said. “I think it’s time we had that conversation for the only reason being if we do put a residency requirement in there, we have no backing, from my understanding, to remove them.”

He argued a lot can happen in the span of a three- or five-year appointment if people move out of town.

Dyer suggested the wording of such an action should be ironed out for discussion at the next Selectmen’s meeting.

WHITMAN — Pedestrians trying to get safely to Whitman Park will now have a fighting chance to successfully cross Park Avenue in that effort, thanks to a traffic island and sidewalk project now underway on the road.

Thanks to a $363,000 state Complete Streets grant, the DPW is making a change to the traffic island between Colebrook Cemetery and Whitman Park, where work had initially been concentrated, but new sidewalks on the opposite side of Park Avenue are now being included in the project.

“There was never any easy way to cross there,” Parks and Highway Superintendent Bruce Martin said of the traffic island, noting that the old crosswalk was more than 70 feet long, from when the East Middle School was there.

While the actual project is expected to cost about $100,000 more when completed, Martin said Chapter 90 funds and town roadwork money will be used for parts of the project not covered by the grant, such as engineering services.

Quite a bit of money was saved, however, by having DPW personnel tear out the old sidewalk and traffic island.

Removal of the old traffic island and relocating it closer to the park will provide safer access via cement sidewalk on the traffic island.

Traffic cones and barrels have been used to get drivers accustomed to the new roadway.

“You’ll have to come down and take a 90-degree turn onto Park Avenue, where before it was almost like an on-ramp to a highway,” Martin said. The change is intended to slow people down and increase safety for pedestrians.

The Park Avenue sidewalk installation is part of that project.

“We have many sidewalks that aren’t great, but that one was really bad. It was falling, it had big chunks taken out of it, the fact that there’s the church there and they don’t have any off-street parking …” He said curbing had been chunked off.

ADA-compliant curb cuts will be located at each intersection and one from Alden Street to the park. There will also be a “bump-out” in front of All Saints Episcopal Church — where the sidewalk will extend into the roadway about five feet — providing an oasis for pedestrians crossing from the church to cross over to Hayden Avenue where they may have parked.

The competitive grant is one that the state awards to make roads more pedestrian and bicycle friendly.

“We actually put in for the grant for, like, four years in a row,” Martin said. “We got denied and then, finally, we got it.”

While the town tweaked their application a little bit each time, Martin said it comes down to the fact that it’s a competitive process, with every city and town in the state putting in for funding that can only fulfill a few applications each year.

“They might have liked our proposal year one, but they might have also liked somebody else’s,” he said.

With the Bipartisan Infrastructure Bill now before Congress, Martin said he hopes that means money will trickle down to the town, and asked state officials about that likelihood.

“Their answer was they don’t know,” he said, noting it is still too early to say.

Another, $185,000 Shared Streets grant — more tied into COVID funding — received the first week in July, will be used to upgrade sidewalks for greater safety in Whitman Center, according to Martin.

Originally, the town had been interested in upgrading the town parking lot off Washington Street, but that was rejected last year. When the town reapplied this year, the focus was on bump-out areas on all four corners of the Washington-Temple streets and South Avenue intersection to reduce the distance pedestrians have to walk and allow some green space in the center, Martin said.

He admits it might be a little controversial as people are confronted with the change. No parking spaces are expected to be lost to businesses, Martin emphasizes.

“In order to receive the grant, we had to have the work done by December of this year, so we’re scrambling a bit right now,” he said, noting that there is also the usual paving projects and curb work to do as well as the two grant-funded projects.

HANSON — The Board of Selectmen, on Tuesday, July 27 voted to propose articles for special Town Meeting consideration to codify services to examine town by-laws and streamline the one-day liquor license approval process.

Town Administrator Lisa Green said there had recently been discussion about the status and condition of general and zoning by-laws and thinking about possibly having a company come in and codify, update and index them, as well as placing them on the town website.

Green said she contacted General Code, a company she had worked with through her former employer.

“I was absolutely pleased with them in the work that they put forward,” she said. “At the end of this process we will have by-laws [in which] the language is correct, there’s no question, there’s no guessing, there’s no dead end, so to speak.”

Green said she has seen some zoning by-laws, especially, that direct you somewhere but, “You get there and there’s nothing there, so it’s anybody’s guess as to what that means.”

Codification will address all that, she said.

General Code’s proposal would cost under $10,000, according to Green. The firm would also keep by-laws up-to-date online for an annual fee of $11.95.

“We can use our best judgment as far as procurement,” she said. “This is probably a two-year process.”

It would have to come back before Town Meeting in 2023 for adoption when the codification process is complete.

“I think this would be a great thing for the town of Hanson to move forward on,” said Selectmen Chairman Matt Dyer. “If anyone has gone onto our town website, all our by-laws are kind of different sections, different links that you have to click on, and you can’t even do a control-find and try to find anything, because it’s just a scanned PDF.”

He did ask how the company would work with existing by-law committees.

Green said the firm would probably work through her, and send her a copy when they complete their legal analysis. She would separate and give to each committee the by-laws that pertain to them. The committees could decide how they want to proceed.

Selectman Laura FitzGerald-Kemmett said the codification process could look at existing by-laws for outdated language while the Zoning By-law Committee continues to look at what the town has, not through the lens of existing regulations, but by the feedback from people trying to locate businesses in town.

“It doesn’t make sense [for the Zoning By-law Committee] to start meeting in any material way until this exercise is done,” FitzGerald-Kemmett said.

Selectman Kenny Mitchell also noted there has been a suggestion to bring a name change for the board to Select Board, and asked how difficult that would be.

“There’s a lot of by-laws that would have to be changed as a result of that,” he said, asking if the company could help with it.

“I will say that’s a really easy fix,” Dyer said, noting that a search and replace function on a computer could make that change.

Green said gender-specific language would be changed to gender neutral at the town’s request.

Selectman Joe Weeks asked about coverage for zoning workload.

“The key in that is how are they defining ‘new laws?’” FitzGerald-Kemmett said. “I presume they are defining that as new state laws.”

Weeks said he wanted to be able to realistically budget for any changes.

“If it’s reasonable, then we just budget for it and it just becomes part of our cadence going forward at Town Meeting,” FitzGerald-Kemmett said.

Green indicated she would obtain information on the cost going forward once the project is complete and the town enters the maintenance phase.

The board also voted to support special legislation that would allow the town administrator to sign one-day liquor licenses.

“[Over] the last couple of weeks, it just seems that us meeting biweekly, isn’t sufficient enough to get one-day liquor licenses signed off on,” Dyer said.

His motion was intended to allow Town Counsel Kate Feodoroff to draft special legislation for Town Meeting to consider, allowing the town administrator to approve such licenses.

I think it’s a good idea, it’s very ministerial,” Selectman Laura FitzGerald-Kemmett. “It’s not like we really have a discussion about it. … We get the paperwork from the Camp Kiwanee guys and they’re listing what type of event it is and they’re using a prescribed … bartender. There’s not a lot of variety.”

Selectman Jim Hickey said he thought the idea was a good one in light the recent situations where license were approved after the fact.

Mitchell also suggested placing an application deadline prior to an event to prevent the need for retroactive license approvals for weddings and similar events.

In other business, Police Chief Michael Miksch informed the board that officer Kevin McCarthy is retiring Saturday, July 31m but has agreed to remain as a part-time officer, to help with details and events, as of Aug. 1.

Bridgewater resident Ryan Shaugnessy, an EMT who has put himself through a part-time police academy, has been forwarded to be offered the conditional position as a student police officer effective Sept. 20. Shaugnessy is currently a Plymouth County Sheriff’s Department deputy and part-time correctional officer. When the department became part of the regional dispatch center, five dispatchers were lost and put on four full-time officers.

HANSON — Conflict of interest concerns were among the issues surrounding a proposed 40B development, which the Board of Selectmen discussed on Tuesday, June 29 during a review of the MassHousing determination of project eligibility for the Cushing Trails development off of Spring Street.

“The elephant in the room is that the chair of the Zoning Board is also the developer of this and there have been constituents that have raised concern about other members of the board being closely tied to this,” Selectman Joe Weeks said. “To not address that is a little naïve, so I think we have to find a way to have a joint meeting.”

Michael O’Shaughnessy, representing ZBA Chairman William Cushing who is also the project developer, said Cushing is going to recuse himself from the decision to the point where “I don’t expect he’s going to be at any of the hearings.”

Selectman Laura FitzGerald-Kemmett said that, since the ZBA is an appointed board — with an appointment slated for the same agenda — she expects them to “exercise their duties with as much impartiality as possible.” She also said she expected Cushing to recuse, but that other members of the ZBA, who have professional relationships with Cushing will still be participating in the meeting.

Selectmen Chairman Matt Dyer also suggested that ZBA members call the Mass. Ethics line to get an opinion on the issue and that the town clerk be consulted to determine that the proper ethics paperwork had been filed.

“It’s not unusual for a developer to be a member of a local board, either,” said O’Shaughnessy. “It happens in every town.”

He said the MassHousing letter is the first step to go before the Zoning Board of Appeals. The state agency has asked the developer to address Selectmen’s concerns submitted during the commentary phase.

One was the board’s request that some units be designated as handicapped-accessible.

“The developer is going to work with whoever has a specific need for an ADA unit … to make sure the unit functions for him or her, and we’ll meet their needs,” O’Shaughnessy said. “Generally, just getting into the unit is the issue.”

Grades and ramps are usually the bigger issues, with interior adjustments such as larger doors and hallways also being accommodated.

FitzGerald-Kemmett asked at what point the work would be done and whether the ADA accommodation would be advertised.

“We’re happy to work with your Housing Authority if that’s the best way to make this known,” O’Shaughnessy said. “We’re willing to work with people to accommodate their needs, but we’re not advertising specifically as ADA.”

Selectmen also requested that the developer be more responsive to the local housing needs as identified in its approved 2019 Housing Production Plan, and designate a larger number of three-bedroom units as affordable.

“It kind of ran the gamut as to what your needs are,” O’Shaughnessy said of the town’s plan. “We were focused on providing two-bedroom units and the thought was … some people want to downsize and that’s why we’re pushing the two-bedroom units.”

State and local housing agencies have an agreement that 10 percent of units built must be three-bedroom units and that more were included in the proposal than originally planned because of the Selectmen’s request.

Traffic volume and safety concerns were among the most notable objections to the proposal from Spring Street residents and town officials. O’Shaughnessy said a traffic impact study was filed with the ZBA on Monday, June 28, which he said seems to indicate there will be no impact.

“But it’s a public document,” he said.

Recreational elements the Selectmen requested has been discussed.

“I don’t want to say no and I don’t want to say yes,” O’Shaughnessy said. “I’d like to address that with the ZBA as the permit process goes forward.”

“It seems that quite a few of these things are going to be deferred to the ZBA,” FitzGerald-Kemmett said. “I understand it’s under their jurisdiction, but yet I’m feeling as though we’re not going to have that opportunity to speak to ZBA, so I’m wondering if we could contemplate how we could open up that line of communication with ZBA to make sure our needs and the things we’ve heard from our constituents are being contemplated by the ZBA.”

Dyer suggested a joint meeting with the ZBA. FitzGerald-Kemmett also suggested an independent review might be advisable, especially of the traffic study.

O’Shaughnessy said the ZBA’s comment period, including an opportunity for the Selectmen to express concerns, would provide such opportunities. He said the ZBA hires its own consultant to review traffic impacts.

The developer has consulted with the Water Commissioners, as they were asked to do on the potential to make some improvements to the water line on Spring Street and is waiting to hear back. Drainage concerns regarding drainage impact on abutting properties have met town regulations, O’Shaughnessy said, but stressed he was not involved in that phase of the planning.

A sidewalk on one side of the street plan has also been eliminated to control drainage problems.

Weeks, who chaired the Planning Board when the Cushing proposal was introduced for eight houses, said it was not approved at that point because of water access issues and asked if they had documentation of the Water Commission saying that is no longer an issue. He said storm water management was also an issue with eight units and asked how it could be less of one with 40 units.

O’Shaughnessy said that discussion centered on replacing the line on Spring Street and not tying into the abutting street, but leaving it dead-ended for installing hydrants.

At the applicant’s expense a water line would be installed from Spring Street to the project, where there is currently no line.

O’Shaughnessy said reduction of impervious pavement and handling of all storm water on site should resolve the issue via above ground retention basin, the infiltration system will be below ground.

“Are there plans to have a collegial conversation with the abutters to try to speak to them about what their concerns may be before you go full-bore into it,” FitzGerald-Kemmett said.

“We’re happy to talk, and we’ll see if we can resolve the problem,” O’Shaughnessy said. “If we don’t know about it, we can’t do it.”

Selectman Jim Hickey said, while his knowledge of the drainage issue is limited, the idea of removing one of two planned sidewalks to improve drainage posed the question of why.

“Water runoff would be more of a concern if there was sidewalks on both sides,” he asked. “I’m glad I asked you this question now and not in the hallway [as O’Shaughnessy had suggested residents could do if they didn’t wish to speak in a meeting], because that makes absolutely no sense to me.”