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Selectmen's Meeting Minutes 4/24/07
Board of Selectmen’s Meeting
April 24, 2007

Chairman Whitcomb called the meeting to order at 4:00PM with Mrs. Bohman, Mr. Bergstrom and Mr. Summers present.

Mrs. Bohman moved the Board of Selectmen vote to approve the minutes of the April 17, 2007 Board of Selectmen’s meeting.  Mr. Bergstrom seconded the motion.  The Board of Selectmen voted three in favor, one abstention (Mr. Whitcomb did not attend the meeting).

Director of Coastal Resources Ted Keon rose to address the meeting and report the results of a recent Northeaster.  Mr. Keon said the town landings had endured action typical of a Northeaster without enduring severe changes.    

The South Way did not open up and there is no new inlet as some people had hoped.  The North Beach wash over was significant and water is still flowing through at high tide.  Orleans personnel has been pumping water off the spit since there were many deep holes caused by the storm and the holes are still holding water.  A considerable amount of beach has been lost at Nauset.  Pochet experienced a sizeable overwash also.  Mr. Keon said the roads are impassable.  Some cabins on the spit also experience  flooding but no structural damage has been threatened.  It is not clear at this time whether the break will fill with sand and so it is difficult to determine if the tide flows will change near Crow’s Pond or the Pleasant Bay area landings will be affected.

Chief Pawlina told the Board of Selectmen it is extremely difficult to safely manoeuvre the beach.  The Chief reported many vehicles have been driving out on the beach and he agreed with Orleans personnel that the roads should be closed.  There were two incidents were vehicles had gotten stuck.  When the beach reopens, Chatham personnel will assess the roads.  This could be as early as next week.  Chief Pawlina said there is still water on the spit even at low tide.

One issue of concern that needs to be addressed is a way for traffic to turn\change direction before the new break.

Mr. Whitcomb thanked Mr. Keon and Chief Pawlina for their reports.

Public Forum/Chamber Request

Ms. Danielle Jenloz, representing the Chamber of Commerce submitted a request to place sixteen to eighteen banners noting Chatham’s National Trust for Preservation Award.  They would like to display the banners throughout the summer promoting Chatham’s receipt of nationwide recognition as one of twelve distinctive destinations in the United State for 2007.   Mr. Bergstrom moved the Board of Selectmen grant the display of banners for the month of May.  Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.  In June the Board of Selectmen will consider leaving the banners displayed through the summer.

An announcement was made that the Munson Gallery and shops are extending an  invitation to their  spring stroll on Thursday evening April 26 from 5:30PM until 7:30PM all the shops will be open.

Affordable Housing Discussion

William Bystrom, Chairman of the Affordable Housing Committee, addressed the Board.  Mr. Bystrom introduced the members present: Ms. Eldredge; Mr. Kelleher; Mrs. Seldin; Mr. Dean.  Mr. Bystrom said Mr. Christie, Ms. DeZitter and Ms. Matteson were unable to attend this meeting.  He also introduced our consultant Laura Shufelt and a representative from the Harwich Ecumenical Council for the Homeless, Cindy Small.

Explanation of terms

Ms. Seldin and Ms. Shufelt reviewed the criterion for  work force housing (affordable) and the  various scenarios that apply.  They reviewed definitions and terms as they apply to affordable housing.

Ms. Seldin said the need in Chatham is above the 10% guideline recommended for Chatham.  She noted density will have to be allowed if the private sector is called upon because density is necessary for the private developers to meet the financial goals of their investments.  The 10% guideline allows points which are favored on applications for State and Federal monies. Also, if the Town meets its goal of 10% we would have more control or may even avoid unfriendly Chapter 40B’s.

When asked for clarification, Ms. Shufelt said the Chatham preference is based on the following:
someone who lives or works in Town;
someone who went to school in Chatham or to the Technical school while living in Chatham;
someone who has close family ties.

Mr. Whitcomb asked if the requirements could be made more exclusive.  Ms. Shufelt explained the US Constitution protects a person’s rights to live wherever they desire and a person’s residence is effective immediately where they decide to reside.

Mr. Summers said it was not made clear when the Board of Selectmen supported Lake Street, and other affordable programs, that there were regulations in place that prohibited the Town from giving preference to those who grew up here.

Mr. Summers also said he feels there is a conflict with the developer being the  screening committee for the people who are leasing the apartments.

Ms. Shufelt said it is typical for the developer, who is also the landlord, to be the monitoring agent assigned by Zoning Board of Appeals.  She also noted the Department of Housing and Community Development (DHCD)  has privatized monitoring services and requires an audit for purposes of tax credits by the Internal Revenue Services.

Mr. Summers said he has concerns about the Rent to Own program because he is aware that one of the buyers is in danger of foreclosure on the property they purchased through the program.

Mr. Robert Ryder, from the gallery, said the survey administered by the Town does not represent the needs of the Town because of the misconception that the affordable programs would give an incentive for those who grew up in Chatham to stay in Town and have first rights to the affordable housing.

A citizen, Mr. Steve Buckley, said he questioned the oversight of the program.  Mr. Whitcomb said he felt Mr. Buckley’s comments may be better suited in a different context, since this was a discussion about affordable housing, not necessarily concerning the process used for admission into the Lake Street development.

Mr. Bergstrom asked Ms. Shulfert  what percentage of respondents to the survey would fit the criteria for affordable housing.   Mr. Bergstrom is still of the opinion that different criteria  needs to be used to address the working force that do not meet the requirements of the area medium income.  Ms. Shulfelt said it may be  advantageous to develop a program that considers a variety of the percentages in the scales allowed.  Ms Shufelt said the lower income levels -  below 50% are taken care of with other programs.

Principal Planner Terry Whalen, Committee member and habitat recipient Betty Eldredge and Committee member Jack Kelleher reviewed the progress that has been made to date and the Town’s affordable housing inventory.

Ms. Shufelt reported on the needs survey and housing summit.

The Planned Production Plan draft Executive Summary was reviewed with emphasis on goals and objectives, and production initiatives.

Mr. Summers said he felt the housing summit was a good forum to determine the desires of the Town relating to affordable housing.  He has always been an advocate of modifying the bylaws to allow accessory apartments.  Mr. Summers also feels more education is needed to help owners understand the accessory apartment bylaw that was implemented for affordable housing.  He also felt the Town should consider an amnesty program for existing apartment.

Mr. Whitcomb said he felt the most immediate success would come through accessary apartments.  
It was generally agreed a range of options is needed to target various uses.

Mr. Bergstrom asked if the amnesty program was instrumental in creating affordable accessary apartments in Barnstable.  Ms. Shufelt said 50% of the inventory came from existing apartments that were made legal by the program.  Also in response to Mr. Bergstrom, Ms. Shufelt said the Board of Health Regulations only prevented a few accessory apartments.

Mr. Whitcomb said it escapes him why the Town should want to eliminate four units that allow above 80% of AMI and has been a successful program just to add them to the 10%.

Mr. Summers said he likes the idea of  tax relief for developers who include affordable apartments.  He also would like to take a closer look at in-field lots.  He does not support the $60,000 buy down program and said he is not in favor of any more large scale apartments such as the Lake Street project.

Mrs. Bohman said twenty-seven units seems aggressive but supports the draft Plan.  She felt it was a well thought out document.

Mr. Bergstrom said it seems we need an aggressive approach and he felt  all new multiple housing should include affordable units.  If tax relief would support that then he is willing to try it.

Mr. Whitcomb noted affordable housing is the Board of Selectmen’s #1 goal and realizes it is a challenging topic.  He is in favor of looking at the land locked undersized lots and tax relief as an incentive program.
He is not in favor of the MCI housing going to a fifteen year lease but fully supports the home buyers program.  He also said he would like to support private development if it included affordable units and the Town could change the protective bylaw without detriment to the Town.

Mr. Bystrom said the Committee will need the support of the  Board of Selectmen to afford zoning changes.

Ms. Seldin said the buy down program is not just a hand-out as Mr. Summers stated because it keeps the property purchased in the affordable range in perpetuity.  Mr. Summers disagreed because he said it sends the wrong message to people who have worked and struggled to buy a house and he believes the restriction will hurt the buyers in the long run because of restriction on resale value.

Mr. Beane said the Town will need to hold public meetings and improve public relations to build consensus on the Plan.

Ms. Small asked for support of the Plan to help all working families.   

The meeting adjourned at 7:00PM.

Respectfully submitted,

Ramona M. McDonald
Recording Clerk

Town Seal
Town Offices 549 Main Street, Chatham, MA 02633
Phone: 508.945.5100    Fax: 508.945.3550

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