Town of Chatham, MA - Selectmen's Meeting Minutes 6/12/07

Ms. Connors moved the Board of Selectmen vote to approve the minutes of the May 29, 2007 Board of Selectmen’s meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the Board of Selectmen vote to approve the minutes of the June 5, 2007 Board of Selectmen’s meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Don St. Pierre told the Board of Selectmen allowing boats through the new breach is very dangerous. He suggested the Board of Selectmen instruct the Harbormaster to place buoys on the Pleasant Bay side of the break stating “Dangerous Area Keep Out.” He said he is speaking from first hand experience because he was in the break and started to get caught in the shoals. He escaped by “bouncing on the waves” but suggested less experience voters may be jeopardized.

Mr. David Oppenheim addressed the Board to say it has been eight weeks since he requested information from the Harbormaster’s Department and he has not received any information.

Director of Coastal Resources Ted Keon attended this meeting. Reports are that the breach action continues. He said the Alliance sponsored forum presented a opportunity to hear input on closing the breach. Points that were brought out at that meeting included the potential impacts to mainland and the commercial fishing fleet. It is generally believed the new breach would be of no benefit to the fleet. Dr. Graham Geise gave an assessment of his opinion that this breach will become dominant over the 1987 breach. During discussion about new flushing of the bay areas it was felt there would be only minor improvement to the Bay nutrient loading. It was suggested the town of Orleans should not modify its wastewater planning efforts based on the new breach flushing action.

Mr. Keon reported on his meeting in Boston with legislative representatives and various State and Federal agencies. The agencies were interested and aware of complications from the new breach. Each agency stated their concerns and interests. There was no consensus of how we could get permits expedited. The new breach will require extensive studies and require Environmental Impact Reports. The National Park Service expressed concern about filling the breach. If they were involved with the project they would require special permit from their agency and an Environmental Impact Statement.

Orleans Selectmen said they were concerned about the breach closure. They having an interest in knowing what the effects of closing the breach would be. Mr. Keon said he feels the Legislative representatives feel they need a common vision for both towns in order to lend their support.

The breach surveys indicate no appreciable difference and it is expected the Town will need 200,000 yards of sand to fill the breach. Other State and Federal agencies would want input on design. Mr. Keon estimates the cost for filling and permitting to be nearing $2 million. $200,000 would be used for permitting and does not include modeling costs. The representatives from the National Seashore were not clear on what they will require but suggested substantial data may be needed. If the breach continues to grow, so will the costs. Mr. Keon said more study will show if the breach is growing in linear amount or in depth.

Mr. Keon said regardless with how we approach the breach, most of the people attending the meeting felt that the mainland needs to prepare for an eventual permanent inlet. The Town needs a threat assessment along the mainland to determine just how vulnerable it is and what might happen if breach continues to grow. He said it is important to develop a well focused plan while keeping the permitting process on track.

Ms. Connors said she has heard no consistency in discussions in Town on where we need to proceed. She would like to hold a Special Town Meeting to get a sense of what the Town wants to do, as soon as possible. Mr. Bergstrom said, he didn’t think a Town Meeting was necessary until the permitting process is secured. Mr. Whitcomb suggested the Town Meeting will help to develop a consensus and will weigh in on the process for getting permits from the State and Federal agencies. Mr. Whitcomb said we need to act quickly as a community to address the problem.

Mr. Hinchey informed the Board that the Town is spending money from the dredging account which we will need to replenish. He suggested the Stabilization Fund could be used as a funding source but it does not now seem to be enough and could effect the Town’s bond rating. He suggested the Board of Selectmen consider whether we should do a debt exemption for borrowing since we will need more money than the balance of the Stabilization Fund. He also said, if the Board of Selectmen decides to do the exemption, the Special Town Meeting should be called on July 30, 2007 to allow time for voter registration and preparation of the Ballot.

Mr. Summers asked about the adverse effects of the new breach. Mr. Keon said without the dredging of Aunt Lydia’s Cove which the Town currently does, the Fish Pier could be impacted. The pattern for dredging which has been successful in the past may be effected by the inlets and the Lighthouse inlet could fill with sand. Mr. Keon said the new breach could have a negative impact to our navigational system.

Mr. Summers stated the breach and the effects are unpredictable as has been demonstrated historically. He noted that another event could occur at any time and there is no degree of certainty that our efforts to fill the breach would be effective.

Mr. Keon said the only thing the Town can do is work with the best advice that is available. There was some discussion concerning the availability and capacity of the dredge. Mr. Keon said there are concerns about the capacity and limited times dredging could occur.

Mr. Summers spoke to the costs and how they could be inflated depending on the various reports and studies required by several agencies. Mr. Summers questioned the wisdom of holding a Special Town Meeting if the Board of Selectmen do not know what direction we should be taking. He felt holding a Special Town Meeting with an Article to fill the breach would imply the Selectmen supports that option. Mr. Summers said he felt Orleans is not going to be in favor of filling the breach and will be lobbying the same legislators. He does not feel the large majority of the voters feel this is the direction we should be taking. He also said he feels the Selectmen should go on record as to how we should proceed to give the voters some direction. Mr. Bergstrom agreed. Mrs. Bohman said it is a difficult situation but agreed the Selectmen have to make a recommendation.

Mr. Richard Miller said he came away from meeting in Boston feeling that, with the exception of the National Seashore, no agency put up a flag saying this is not a viable solution. He noted Orleans is only one third of the Alliance vote. He also said he feels the assessment program is just as important as filling the breach.

Mr. Russell Broad said his family has owned a camp on North Beach for sixty years. He asked that they move forward with the Special Town Meeting and set up a tax deductible fund for people wishing to make a donation.

Mr. Bergstrom moved the Board of Selectmen place an Article as Article 1 on the July 30, 2007 Special Town Meeting Warrant to provide funds by debt exclusion to cover costs associated with closing the breach. Ms. Connors seconded the motion. The Board of Selectmen voted four in favor, one opposed (Mr. Summers).

Mr. Bergstrom moved the Board of Selectmen vote to place as Article 2 on the July 30, 2007 Special Town Meeting Warrant a transfer from the Stabilization Fund for purposes of funding a threat assessment report and/or other related studies regarding the potential damage to the Town’s shoreline due to the breach created by the April 15, 2007 Northeaster on North Beach. Mrs. Bohman seconded the motion.

Mr. Summers felt the property owners have a right to protect their property but they should also pay for the protection needed. Mr. Summers is in favor of seeking the permitting.

Mr. Whitcomb noted the Town is a property owner in the area of Town that could be affected. Mr. Bergstrom said he feels it will be money well spent because the Town agencies need that information to help with the decision making and for regulatory process and reports.

Director of Health and Environment Dr. Duncanson said he has a list of Town properties. He said it will be more productive to work as a group and to provide uniformity. The threat assessment will provide information for a comprehensive plan for the Town as a whole.

Ms. Connors moved the Board of Selectmen vote to place a Resolution on the Special Town Meeting Warrant asking the voters if they would be in favor of closing the breach if alternative funding became available. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Superintendent of Highways Jeff Colby presented the Board of Selectmen with alternatives to the existing guardrails that were part of the reconstruction of the Oyster Pond parking area and road.

Mr. Colby explained the three basic types of guardrail systems. Of the suggested alternatives, only two meet State and Federal Safety Standards. Mr. Colby noted he felt there were locations along the road that could be shortened. This would reduce the guardrail by a total of 66 feet.

Mr. Summers asked Mr. Colby why he submitted five alternatives if only two meet State and Federal Safety Standards. Mr. Colby said the standards are not mandates - the Board of Selectmen could choose to put an alternative system in. Mrs. Bohman said she feels safety must come first, but she would rather see a wooden guard rail instead of what exists presently.

Mr. Summers asked about the Town’s liability if we did not meet State and Federal Standards. Mr. Hinchey said the first consideration of not meeting the Standards is that Chapter 90 money could not be used to pay the cost of the rail.

Mr. Whitcomb said now that the Pond Street side has a lot of vegetation, the guardrail is not offensive. He asked Mr. Colby if the Stage Harbor side could support vegetation. Mr. Colby said he could do that.

Mr. Cameron Koblish, the President of the Sunset Terrace association, commended Mr. Colby and Mr. Duncanson for the project and how efficiently it was done. He said the Association would like to see the guardrail go back to what it was with a pole and wire system.

In response to comments from the gallery, Ms. Connors said she does not feel it is productive to criticize the staff for following industry standards. She did not agree that the Town should appoint a design review committee for all projects, she feels it just provides a forum for questioning staff decisions.

Ms. Connors moved the Board of Selectmen vote to remove the existing guardrail on both sections of Stage Harbor Road and Pond Street and replace it with Mr. Colby’s option three, minus the 66 feet that can be removed. Mr. Bergstrom seconded the motion.

Mr. Summers said if we are not going to meet standards, we might as well just remove them altogether. Mr. Summers asked if the material could be used other places in Town. Mr Colby said they probably could be used in other places in Town as part of bigger plan. He also said he had specific requests for rails in parts of Town.

Mr. Bergstrom moved the Board of Selectmen vote to remove the current guardrails completely except for the stretch just before the rise to Cedar Street for about 200 feet and replace with rails and wire rope. There was no second and Mr. Bergstrom withdrew his motion.

He noted previous hearings for the same pole relocation did not prove practical, since the abutter did not grant the necessary easement to Verizon. Mr. Horne, from Verizon, said the pole is in a dangerous location and there was general consensus among the parties involved that this is the best option for the neighborhood and for public safety.

Ms. Joan Hodge, an abutter, said she felt the previous plan was safer and the owners were being un reasonable. She feels the new plan would pose more potential damage to her property. She said originally Pine Knoll was supposed to be realigned and also the new street light would make street seem wider than it is and not allow caution when turning. She asked the Town to take the necessary easements by eminent domain and implement the previous plan.

Mr. Hinchey said the Town tries to avoid adverse possession if possible. Mr. Whitcomb said the pole is dangerous and this seems like the best solution. He told the Board the Town should support this position or leave the pole where it is which is unsafe.

Ms. Connors moved, because of safety concerns the Board of Selectmen vote to approve Petition No. #07-013. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Mrs. Bohman moved the Board of Selectmen vote to place a “STOP” sign as requested. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Mrs. Bohman moved the Board of Selectmen vote to place the “No Parking” signs as requested. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

The third request from the Police Chief and the recommendation of the Traffic Study Committee was to: place four “No Parking” signs at the intersection of Bay Lane and Shore Road at points set back twenty five feet (25’) from the intersection in all directions.

Ms. Connors said she feels too much parking has been taken away from the Shore Road area. She said she understands concerns about safety and visibility but feels people have adjusted and drive carefully in congested areas. Ms. Connors has reservations about shutting off access to the waterfront to people who live in other parts of town.

Mr. Summers said he understands Ms. Connors rational and would like the Town to keep an eye on the area to see if these request from the public are motivated by snobbery or sincere safety concerns.

Lieutenant John Cauble from the Chatham Police Department is also on the Traffic Study Committee. Lieutenant Cauble explained the current General Bylaw contains a prohibition for parking for twenty-five feet at intersections. He told the Board there is no way for the general public to know that without signage.

The next recommendation was to: To place “No Parking” signs on both sides (north and south) of Chatham Bars Avenue from Shore Road to Kettle Drum Lane and twenty-five feet (25’) westerly past the intersection of Chatham Bars Avenue and Kettle Drum Lane.

Mrs. Bohman moved the Board of Selectmen vote to place the “No Parking” signs as requested. Mr. Bergstrom seconded the motion. The Board unanimously voted negatively on the motion and it was lost.

Mrs. Bohman moved the Board of Selectmen vote to place “No Parking” signs on both sides Chatham Bars Avenue 25 feet from the intersection of Kettle Drum Lane and both sides of Chatham Bars Avenue at the intersection with Shore Road. Mr. Bergstrom seconded the motion and the Board voted four in favor one opposed (Ms. Connors).

The next recommendation was: To place “No Parking” signs on the South side of Seaview Street forty-nine (49’) feet westerly and thirty-six feet easterly from the intersection at Highland Avenue.

Mr. Bergstrom moved the Board of Selectmen vote the “No Parking” signs as requested. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Summers moved the Board of Selectmen vote to permit Habitat for Humanity of Cape Cod to sell raffle tickets on the evenings of June 29 through August 31, 2007 from 6:00PM until 8:00PM. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Bergstrom moved the Board of Selectmen amend the Appointed Committees, Commissions & Boards Rules and Regulations Handbook to include the provisions of MGL Chapter 39, Section 23D adopted at the May 14, 2007 Annual Town Meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.