Town of Chatham, MA - Selectmen's Meeting Minutes 5/8/07

Ms. Connors moved the Board of Selectmen vote to approve the minutes of the May 1, 2007 Board of Selectmen’s meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. David Oppenheim told the Board of Selectmen a request for public records cost the Boatyard owners $300.00 and took more than the ten days allowed by the Public Records Law. He said another request was made and the Boatyard owners were told it would be six weeks until the request could be met. He said he felt it was embarrassing for the Town since we have paid so much for computers to aid the Town employees in their work.

Ms. Danielle Jenloz, Executive Director of the Chatham Chamber of Commerce said she had received notice that fraudulent $100 bills are being circulated on the Cape and wanted to let everyone know they should be cautious.

Ms. Jenloz also said she has received positive feedback about the banners in general but some will be removed or moved after more input is received and considered.

The Chamber also wanted to invite everyone to the business exhibition being sponsored by the Chamber on May 19, 2007 at the Chatham Bars Inn from 9:00AM until 4:00PM.

Mr. Whitcomb announced the Chatham Lightfoots will be going to Florida for a competition and are requesting the Board of Selectmen allow them to sell cotton candy at the Maritime Festival to help with their funding. Ms. Connors suggested the representatives coordinate with the organizers for a location on May 12. Ms. Connors moved the Board of Selectmen vote to approve the request. Mrs. Bohman seconded the motion and the Board of Selectmen voted four in favor one abstention (Mr. Whitcomb did not participate in the discussion or the vote because of a personal interest). The motion passed.

Director of Coastal Resources Ted Keon rose to update the Board of Selectmen on the new washover on Nauset Beach. Mr. Keon said this break does not have the same characteristics as the 1987 break because the tide action is carrying silt back onto the spit. He and Dr. Graham Geist both felt the action was encouraging but at the same time it was noted that it would be very difficult to predict what will happen in the area. Mr. Keon said there was a consensus that it would be beneficial to keep vessels out of the new breach so that the natural action would not be interrupted.

Mr. Bergstrom said he feels the Town needs to make a decision soon about what course of action the Town needs to take. He asked if the permitting process should be started now to ready us for the break not repairing itself.

Mr. Keon said there is local, State and Federal jurisdictions in this area. He noted there are many concepts of what could be done but any plan would be undefined because it is too soon to develop plans without know what the long term effects of the breach are.

Mr. Summers suggested allowing the harbormaster to ban vessels from the breach so that boat traffic does not have a negative impact.

Mr. Smith said he feels it is mostly an opportunity to educate boaters and he feels they will respectfully honor the ban.

Mrs. Bohman moved the Board of Selectmen vote to support the Harbormaster imposing an emergency order to suspend navigation for 30 days under Section 1023(a) of the Waterways Bylaw as follows:

No motorized vessel may enter or transit the inlet in Nauset Beach (North) between approximate position 069 degrees 56.10; 41 degrees 42.35 and 069 degrees 55.70; 41 degrees 42.39, to be followed with public hearings by the Waterways Advisory Committee. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

When asked by Mr. Whitcomb, Dr. Geist said developing characters at the north side of the mouth of the cut could indicate closing of the breach but reiterated the difficulty of try to predict what will develop.

Police Chief Mark Pawlina reported vehicle traffic is open but there is no longer a middle road after road 7 through the first village. Orleans has indicated they will be questioning the number of vehicles that will be allowed on the beach this season especially overnight contained vehicles. There is no access to the other side of the breach. Mr. Whitcomb asked if this would affect the sale of permits. Chief Pawlina said this will require more discussion and they will make people aware of the possibility of restrictions when they apply for a permit.

A representative of the Mass Beach Buggys Association said they want to work with the Town to be let out on the new point. Mr. Whitcomb noted several discussion may need to take place before the busy season. He suggested we need to develop a plan and possibly begin the process of permitting for action by the Town.

Mr. Richard Miller, from North Chatham told the Board the residents on the shoreline across from the breach have begun organizing. He noted permitting can take up to two years based on past experience. He also said the mainland that could be effected has thirty five homes at risk at a total assessed value of $150 million dollars. He feels dialogues need to begin to discuss spoil placement.

Attorney William Riley, representing a property reminded the gallery nine houses were lost in 1987 with the first breach. He said we need to learn from that and act sooner rather than later. He asked that the Town be supportive and proactive in protecting the shoreline.

Mr. Robert Del Savio from Bargmann Hendrie told the Board of Selectmen June 12^th has been set for the final date of completion of the Community Center. He said the Town will be seeing lots of activity as the builders finish up.

Mr. Summers asked about irrigation and planing schemes. Mr. Del Savio said the Town will be finishing up the planing but could be guided by the original plans.

DPW Director Dan Tobin talked about the landscaping plan. The two large spruce trees are to be removed at the front of the building. At Ms. Connors suggestion, the removal will be delayed.

Mr. Summers questioned how the space will be used and how efficiently it will be used. He is concerned there will no be sufficient programing to fully utilize the building.

Mr. Tobin said based on discussions and inquiries the building will be used to its full potential. Mr. Anderson, a member of the Parks and Recreation Commission said he is confident the programing will grow as time goes by after the building becomes available.

Mr. Anderson also said he did not feel it was prudent to overstaff the building but instead to take some time to see how things develop. As far as the criticism of some aspects of the building, Mr. Anderson reminded everyone that the planning was driven by efficiencies.

Partnership and MIT Sea Grant Program will be conducting a hands on basic safety and survival training for commercial fishermen. He asked the Board of Selectmen to permit him to close the parking area at the Old Mill Boat Yard for several hours on May 18, 2007 to facilitate the use of a helicopter in the training.

Ms. Connors moved the Board of Selectmen grant permission to close the paved area of the Old Mill Boat Yard on May 18, 2007. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Barbara Waters, Corresponding Secretary for the Chatham Cultural Council attended this meeting to ask the Board of Selectmen to increase its membership to fifteen. The members feel the additional members could help with the work load necessitated by their increased efforts for fund raising. Mr. Summers moved the same. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor. Mrs. Bohman commended the group.

Mr. Whitcomb read the notice which was duly published for a hearing this date to act on a Municipal Street License. The applicant Cindy Ladd d/b/a Cape Cod Scenic Tours attended this meeting.

Ms. Connors told Ms. Ladd the Board of Selectmen received a letter of concern about outside speakers. Ms. Ladd assured the Board there would be no noise coming from the van.

Ms. Connors, Mr. Bergstrom and Mrs. Bohman expressed concerns about the details of the plan such as drop off, parking, etc. Mr. Summers did not perceive this operation as being intrusive.

Mr. Bergstrom moved the Board of Selectmen vote to continue this hearing to May 29, 2007 to allow Ms. Ladd to consult with seal tour operators and others and to familiarize herself with the practicality of what is being proposed as well as the days and times of operation. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Len Sussman, Planning Board Chairman told the Board the Planning Board voted down all the proposed amendments to the Protective Bylaw that were placed on the Warrant by petition. The petition article allowing certain recreational uses in an industrial park was looked at positively and was re-written by the staff to be presented to the Town Meeting as a Planning Board sponsored Article because it needed some technical changes.

Mr. Bergstrom said because these petitions came in so close to Town Meeting and had to be heard and acted upon by the Planning Board, he felt there was not enough time for due consideration and his recommendation would be that the Board of Selectmen recommend indefinite postponement of the petition articles to the Town Meeting.

Mr. Summers and Mrs. Bohman both made comments similar to Mr. Bergtrom’s sentiments. Though Mr. Summers thought the Board of Selectmen should vote not to recommend approval of the petition articles.

Ms. Connors said she supports Article 35 to provide for allowing a recreation facility in an industrial zone so she did not want to include that with the rest of the Zoning Articles.

Mr. Sussman said some of the proposals had merit and would be revisited by the Planning Board to consider the sentiment of the petition articles even though they were flawed as written.

Mr. Whitcomb suggested we all learn by this and remember to submit articles by petition very early in the development of the Warrant.

Mr. Summers felt the Board of Selectmen needed to make a recommendation. Mr. Summers moved the Board of Selectmen vote to not recommend approval of the petition articles as presented by Mr. Farber noting a lack of time for due consideration. Mr. Whitcomb seconded the motion.

Mr. Farber expressed some frustration and said his petitions were presented in language similar to a draft of the Zoning Bylaw rewrite. He also suggested they could be modified at Town Meeting to remove ambiguities. He felt the Planning Board may have moved to quickly in the deliberations.

Mr. Sussman said the Planning Board looked at each petition article and did not “fast track” any opinions. He said the Planning Board looked at the articles assuming all the petitioners intention were good, but they need to be considered with an eye as to how they may affect other parts of the Zoning Bylaw.

The Board voted two in favor (Mr. Summers, Mr. Whitcomb) three opposed to Mr. Summers’ motion to not recommend approval and the motion was lost.

Mr. Bergstrom moved the Board of Selectmen vote to recommend indefinite postponement of Mr. Farber’s petition articles. Mrs. Bohman seconded the motion. The Board voted four in favor one opposed (Mr. Summers). The motion carried.

Ms. Connors moved the Board of Selectmen vote to meet on May 14, 2007 before the Town Meeting to consider Article 35. Mrs. Bohman seconded the motion. The Board voted one in favor four opposed. The motion was lost. The Board felt they could act on Article 35 at this time.

Mr. Summers moved the Board of Selectmen vote to not support Article 35. Mrs. Bohman seconded the motion. The motion was lost by a vote of one in favor (Mr. Summers) and four opposed.

Mr. Bergstrom moved the Board of Selectmen vote to support Article 35. Mrs. Bohman seconded the motion and the Board voted four in favor, one opposed, (Mr. Summers). The motion to recommend approval of Article 35 passed.

Mr. Bergstrom suggested a future meeting to discuss the fact that camp owners on North Beach who must now access their property by boat and the effect it may have at the Town landings.

Mr. Whitcomb announced the Board of Selectmen will be meeting at 2:00PM on May 22, 2007 to discuss North Beach and the Orleans Board of Selectmen will be attending.