Hull Town Meeting Approves Eminent Domain for Two Beach Avenue Properties

Town meeting approves governance change for municipal light plant and $17.96 million for sewer system improvements

HULL - May 5 and 6 - Hull town meeting voters have authorized the Select Board to acquire two Beach Avenue properties through eminent domain for dune restoration and flood protection, while rejecting a similar measure for a third property.

The votes came during Monday's first night of the annual town meeting at Hull High School, where residents also approved a $52.6 million budget for fiscal year 2026.

The eminent domain articles, which sparked extensive debate, aim to restore protective dunes along Beach Avenue to mitigate coastal flooding. The measures authorize the Select Board to acquire the properties by gift, purchase, eminent domain or other means.

Chris Krahforst, Director of Climate Adaptation and Conservation, explained the town's rationale for the acquisitions.

"Back in 2019, in order to receive funding from the State to do our adaptation and our resiliency work in this Town, as you all know, we are pretty much sitting on a peninsula at the forefront of the Atlantic Ocean, and we do experience coastal storms and overwash," Krahforst said.

He identified three critical vulnerable areas along Beach Avenue, including properties at 33 Malta Street and 31 Beach Avenue, where the natural dune has been compromised, and at 169 Beach Avenue, where a path cuts through an otherwise robust dune.

"The dune actually sacrifices itself and it gives up its sand and absorbs that energy. If it wasn't there, the things that it would encounter would be your property downstream," Krahforst explained.

Town Manager Jennifer Constable emphasized the financial impact of flooding in these areas.

"Two of the properties, 31 Beach Avenue and 33 Malta Street in particular, are in an area known as a repetitive loss area," Constable said. "That means that properties in that area, to be specific, 41% of the properties have accumulated over $16 million in just federal FEMA assistance alone because of repeated flooding."

Property owners affected by the measures spoke passionately against the articles.

John Ferrara, owner of 169 Beach Avenue, defended his family's stewardship of their dune.

"We love our dune. It's our only line of defense. It's beautifully massive. A professional ecologist rated it the highest and most thickly vegetated portion of dune at Nantasket Beach," Ferrara said. "When we learned of the town's dune maintenance from flood protection goals, we were in total support."

Robert McEvoy, owner of 33 Malta Street, expressed frustration with the town's approach.

"I didn't ask for this fight. We have asked to work with the town," McEvoy said. "I want to work with the town of Hull. I want to work with all of the citizens here, but they're talking about taking away property that's been in my family for over 100 years."

Select Board member Jerry Taverna, speaking as a private citizen, opposed the articles despite agreeing with their intent.

"In a perfect world, that dune is big and beautiful and stretches the entire length of the beach," Taverna said. "The problem with this issue is, number one, we went through it last year, and it was torture for me personally as a public official. Number two, the town hall lost a lawsuit."

After extensive debate, voters approved the eminent domain measures for 33 Malta Street (233-81) and 31 Beach Avenue (235-83), but rejected the article for 169 Beach Avenue (152-162).

Earlier in the meeting, voters unanimously approved the town's $52.6 million operating budget for fiscal year 2026. The budget represents a 4.9% increase in departmental spending, reflecting cost of living increases and newly negotiated contracts.

Constable highlighted several significant budget changes, including additional staffing for the fire department, police department, and library.

"The library has seen a significant increase in programming and visitors and activity within the library," Constable noted.

The budget also includes funding for beautification efforts and IT upgrades.

In other business, town meeting voters:

- Approved $1.06 million in Community Preservation Act funds for seven projects, including $530,000 for Jones Park improvements, $137,500 for boathouse restoration, and $125,000 for Paragon Carousel roof replacement

- Authorized $500,000 for Department of Public Works projects, including rehabilitation of the Draper Avenue pump and MBTA bus stop improvements

- Approved $1.5 million for a new rescue ambulance and fire engine

- Rejected a citizen's petition to rezone several town-owned parcels as public open space

The meeting adjourned until Tuesday evening, when voters will take up the remaining articles on the warrant.

May 6 - Hull town meeting members have voted to remove the town manager as the Hull Municipal Light Plant Manager and restore statutory authority to the Light Board of Commissioners. The decision, which passed with a vote of 165 to 37, marks a significant change in the governance structure of the town's municipal light plant.

The article, presented by Jacob Vailancourt, sought to restore the light board's authority to make policy, hire and fire the municipal light plant manager, and perform other responsibilities as it did prior to 1993.

"This article tonight that's before you, it's not about politics, it's about power, and not just electricity, but also the power of voters to oversee and guide one of our town's most important public services," Vailancourt said during his presentation.

Vailancourt argued that Hull has operated outside the structure intended by Massachusetts state law, specifically Chapter 164, which applies to municipal light plants. He cited instances where funds were transferred from the light plant to other town departments, which he claimed was not in keeping with the law.

"What's happened since 1993 under the structure we're under is that funds have been coming out of the light plant in a way that's not compatible with Chapter 164," Vailancourt said. "This is essentially an abuse of the funds. And it's raising the cost to the ratepayer and subsidizing the taxpayer."

Light Board member Dan Ciccariello spoke in support of the article, emphasizing that his position was based on principle rather than personal feelings about the current town manager.

"I have utmost respect for the town manager. I think that she's very competent, and this article has nothing to do with her at all personally," Ciccariello said. "We're trying to protect the rate payers' money because we're trying to protect an independent municipal light so that the citizens of town will not be subservient to a corporate infrastructure known as National Grid."

Select Board Chair Irwin Nesoff spoke against the article, noting that the board had voted 4-0 to oppose it. He cited the town charter, which gives the town manager authority to supervise the light plant's operation.

"Under the current structure, Hull has kept rates low and provided consistent, reliable service," Nesoff said. "If the light board is not asking for this change and is not unanimous in supporting the article, the Select Board cannot support it either."

Town Manager Jennifer Constable also opposed the change, explaining that the current structure includes checks and balances, with the light board setting rates and advising on policy.

"The intent is not to discourage debate, but rather to improve debate and the overall flow of town meeting," Constable said.

In another significant vote, town meeting approved a $17.96 million appropriation for improvements to Hull's sewer collection system and wastewater treatment facility. The funds will be used for various upgrades, including secondary clarifier improvements and collection system repairs.

John Struzziery, Director of Wastewater Operations, explained that the improvements are needed for the aging system, parts of which are over 50 years old.

"We're trying to be proactive in order to avoid these things from happening, because we've found that by being proactive, we can get more work done at less money," Struzziery said.

The work will be funded through a 2% loan on the treatment plant improvements over a 20-year period, and collection system work will be funded at a 2% interest rate over a 30-year period.

"By seeking this additional funding, we'll be able to plan this work properly and get more work done more effectively and efficiently," Struzziery said.

The Advisory Board unanimously supported the sewer improvement article, noting that the access to funding through the state's critical infrastructure revolving fund is quite affordable.

Other notable votes from the meeting included:

- Approval of a change to the town's general bylaws reducing the speaking time at town meetings from seven minutes to five minutes for the first time a person speaks on an article

- Approval of $500,000 from free cash for Department of Public Works projects including fencing repairs, transportation-related infrastructure, and rehabilitation of the Draper Avenue pumping station, DPW garage, and salt shed

- Approval of $1.49 million for Fire Department equipment, including a new rescue ambulance and fire engine

- Approval of a special act authorizing the town to establish a schedule of fines for parking violations up to $100

- Approved amendments to the town's Accessory Dwelling Unit bylaw to comply with state requirements

The meeting also established three special funds: a Special Injury Leave Indemnity Fund, a Workers' Compensation Fund, and an Employment Liability Reserve Fund, each with an initial funding of $100,000.

The town meeting will continue with additional articles, including zoning bylaw amendments related to accessory dwelling units and signs.

May 7 - Hull residents have voted to establish a community housing trust fund and rejected a proposal for a quorum requirement at the annual town meeting. The gathering, which took place at Hull High School, saw discussions on several important issues facing the coastal town.

With a strong 126-6 vote, residents gave the green light to Article 25, creating the Hull Community Housing Trust Fund. This trust aims to boost affordable housing options in the area.

Bob Pezzini, a member of the affordable housing committee, explained, "This gives us a way to get affordable housing done. Having access to CPC money and the ability to act quickly to acquire properties and negotiate with current owners is crucial."

A seven-member board appointed by the Select Board will lead the trust, with the power to use existing resources for real estate development activities.

However, residents shot down Article 38, which proposed a quorum requirement of 150 voters to start town meetings. The measure failed with a 95-22 vote.

One resident against the measure pointed out, "If you count the people in this room right now, we wouldn't have 150. We'd have to adjourn the meeting and come back tomorrow night."

In other decisions, voters approved increasing the local room occupancy tax from 4% to 6%, passing with a 134-6 vote.

The article's supporter noted, "We're a beach town like the Cape. Everyone stays here. It's a summer community." They added that the tax increase could bring in an extra $150,000 annually for the town.

Residents also voted to repeal a 2018 bylaw that prohibited recreational marijuana establishments, aligning local rules with the town's 2024 approval of retail marijuana sales.

The third night of Town Meeting, which ran late into the evening, covered a range of topics from zoning changes to financial appropriations.

Full meetings available via Hull TV. Night 1 and Night 2 and Night 3.