Town of Chatham, MA - Selectmen's Meeting Minutes 7/10/07

Board of Selectmen’s Minutes

Tuesday, July 10, 2007 – 4:15 p.m.

Chairman Whitcomb called the meeting to order at 4:15PM with Mrs. Bohman, Mr. Bergstrom and Mr. Summers present. Town Manager William Hinchey attended this meeting.

Mrs. Bohman moved the Board of Selectmen vote to approve the minutes of the June 19, 2007 Board of Selectmen’s meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Mrs. Bohman moved the Board of Selectmen vote to approve the minutes of the June 26, 2007 Board of Selectmen’s meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Attorney William Riley attended this meeting to ask the Board of Selectmen to allow an Article to change the Zoning Bylaw - to allow fill in conservancy districts to help property owners who have flooding in their driveways due to the new breach. He asked the Board of Selectmen to place it on the July 31, 2007 Warrant. Mr. Hinchey said he felt there is not enough time to have hearings, re-sign a new Warrant and post the Warrant again. He suggested that Mr. Riley indicated this was not an emergency and that it could be considered for a Warrant in the fall. The Board members all felt this would be better placed on the Fall Warrant.

Request for Permission for Lemonade Stand

Ms. Peyton Provenzano attended this meeting to ask the Board if she could be permitted to sell lemonade and bottled water on the corner of addressStreetMain Street and addressStreetCross Street on Town property. Ms. Provenzano told the Board of Selectmen she would donate 25% of the profits to the Chatham Police Association and Chatham Fire Association.

Ms. Provenzano said she would be selling lemonade, bottled water, and some soda. Mr. Whitcomb explained that the business owners have concerns about allowing these kinds of ventures because of their large overhead expenses. Mr. Summers said he has heard the same issues. He suggested limiting the sales to lemonade. Mr. Summers moved the Board of Selectmen vote to support the request and limit the sales to lemonade and water. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Request for Permission for Sandwich Board

Mr. Donald Edge, Chairman of the Summer Residents Advisory Committee, asked for the Board of Selectmen’s permission to place a sandwich board sign announcing the Summer Residents Town Meeting on August 7, 2007 in the triangle behind the Rotary. Mr. Edge said they would also like to place a sign at the intersection of Route 28 and Route 137. Mr. Summers moved the Board of Selectmen vote to allow the signs. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Disposition of country-regionplaceU.S. Coast Guard Boathouse

Mr. Donald Aikman, Chairman of the Chatham Historical Commission, told the Board of Selectmen the Commission and the Harbormaster have been involved in deliberations to save the Coast Guard Boathouse on placePlaceNameMorris PlaceNameIsland.

Mr. Aikman said he would like the Board of Selectmen to do four things:

support the preservation of this historic structure…

support a small CPA grant for an engineering study, development of plans, and a cost estimate for its relocation…

support limited use of Town staff to secure National Register designation…

support efforts by our Commission to secure funding for its relocation.

Mrs. Bohman asked about costs. Mr. Hinchey said he had no estimates for a study for disposition.

Mr. Summers said it is his understanding that the CPA wants to make determinations before the Board of Selectmen vote support or non-support on requests to them.

Mr. Whitcomb said he would like to see the building saved at the present location. He said if a land swap could be made to keep the building, he would support that.

Mr. Bergstrom noted the residents in this area are not in favor of use of the building by the Town because they do not want more activity in this area.

Mr. Aikman thanked the Board of Selectmen for their time.

Committee Update – PlaceNameplaceNorth PlaceTypeBeach Advisory Committee

William Hammatt, Chairman of the North Beach Advisory Committee attended this meeting. The Advisory Committee has been meeting monthly for the past year. The meetings included discussion of the Inter-municipal Agreement and the Committee was disappointed that they were not included in the negotiations of the new agreement. The Management Plan was also the point of discussion at those meetings. Mr. Hammatt is also a member of the National Seashore Advisory Committee and he will be keeping the Town informed of the Seashore Committees deliberations and recommendations.

Mr. Hammatt commended Mr. Keon for his efforts involving the North Beach Management Plan. He said the Committee is willing to take direction from the Board of Selectmen on issues that they may want the Committee to be involved in. He said for the first time, some of the camps will have to be closed this winter. The Advisory Committee is willing to work with the Conservation Commission on specific proposals for increasing the elevation of some parts of the camps.

Mr. Whitcomb asked if the agreement which includes access for camp owners is sufficient. Mr. Hammatt said it takes planning but it is working okay. He commended the Chatham Police Department for their handling of the escort system and the efforts of the officers.

There are still some issues with visitors trying to get to the camps and being stopped by placeCityOrleans. Mr. Hammatt said he is still having discussions about that. Mr. Whitcomb asked if the Committee could make a recommendation at the Special town Meeting concerning the new breach. Mr. Hammatt said they will.

Mr. Summers encouraged the Advisory Committee to inform the Board of Selectmen if there are any issues they need advice or direction on.

Mr. Summers said he has heard some of the owners on the “new island” are enjoying the solitude. Mr. Hammatt said the pedestrian traffic has increased from boaters, but there are only two vehicles on that side of the beach.

The Board of Selectmen thanked Mr. Hammatt for his update.

Committee Update – Airport Commission

Mr. Richard Hunter, Chairman of the Airport Commission, attended this meeting to give his report. Mr. Hunter said the Commission has been very active planning and implementing new changes at the airport. They have a new ten year contract with Cape Cod Flying Circus for management of the Airport. The Commission is implementing security required by the Homeland Security. The have updated the beacons and are planning to replace the fuel farm in the fall. The Commission does not anticipate any contamination from the old tanks because the tanks were above required standards at the time of installation.

The FAA will be dropping its contributions to Airport improvements from 95% to90% in FY08. That will mean the State will drop to 5% and the Town will have to increase its contribution to 5% for projects. The main hanger is 70 years old and the Airport Commission anticipating its replacement. In 2012 the administration building will be replaced. The State will pay 80% of the total cost.

Mr. Hunter told the Board of Selectmen the placePlaceTypeCounty PlaceNameSheriff’s office has donated man hours to clear the vegetation from the fence surrounding the Airport.

The Airport Commission will be building two more hangars which will accommodate 32 planes. The hangars will be leased for twenty years to recover the costs.

He said the Cape Cod Commission has given some waivers and has been very cooperative working with the Commission. The Cape Cod Commission wants plantings around the fence but the FAA and Homeland Security prohibit that. They are still working with the Cape Cod Commission. Mr. Summers said he would like to have our representative to the Cape Cod Commission, Florence Seldin meet with the Board of Selectmen.

Mr. Whitcomb asked about cleaning up the vegetation that has been pulled from the fence. Mr. Hunter said he will make arrangements for removal.

Mr. Whitcomb asked if the Airport Revolving Fund could be used to make up funds being reduced by the FAA. Mr. Hunter said the funds pay existing bills and there is no build up of funds.

Mr. Hinchey said the Town will need to plan for more capital funds if Federal funds are diminishing.

Mr. Whitcomb announced the Board’s summer schedule to be:

July 10 - Regular Meeting

July 17 - No Meeting

July 24 - Regular Meeting

July 31 - Special Town Meeting

August 7 - Regular Meeting

August 14 - No Meeting

August 21 - Water & Sewer Regular Meeting

August 28 - Tentatively no meeting, but reserve if PD/Annex review is complete

September 4 - Regular Meeting

Mr. Summers said he would like to have some meetings where the Board of Selectmen could discuss their goals generally.

Water & Sewer Commissioners Agenda

40B/ZBA Response

Mr. Hinchey referred to his memo to the Board of July 5, 2007:

I have taken the opportunity to discuss Question 2 of your June 20^th letter to David Nixon, Chairman of the Zoning Board of Appeals, with Bill Redfield and other members of the Technical Advisory Group. Neither the members of the TAG nor myself have any issue with the Board’s response to the ZBAs’ Question 1 that proper authorization was and is in place for the facility. Proper connection applications were submitted to DEP and re-affirmed by the local Water & Sewer Commissioners. No monitoring of sewer flow was undertaken by the Sewer Department as is, and has been the Town’s practice. When the 2004 Sewer Bank application was submitted to increase authorized sewage capacity, Mr. Redfield calculated the authorized flow to be a base of 2170GPD per 2001 billing records. Neither the TAG nor I take any issue with this portion of the calculation made by Mr. Redfield. The second portion of the calculation precipitated by the 2004 application resulted in the granting of an additional 217GPD by Mr. Redfield. Both the members of the TAG and I question this determination, since the application requests the additional flow for “increased fish processing.”

The applicant, through its engineer, in a letter dated April 14, 2004 clearly indicated his intention to convert the property’s use to residential. This seems to call into question the basis upon which the increased flow was requested. It seems that the increase flow requested was not demanded by the commercial enterprise. The question could then be asked as to whether or not any increased flow could be authorized for a change in use.

The recalculation based upon post 2004 regulation changes did not result in any change from the base 2170. However, the Sewer Bank Policy adopted in 1998 clearly states that sewer flow granted and not used within one year from the date the flow increase was approved will revert back to the Town. The Board’s diligence has prompted Mr. Redfield to re-authorize the flow in question to 2170GPD. (See memo attached) I suggest that the Board is now prepared accordingly to answer Question 2 of the Zoning Board of Appeals’ letter.

Mr. Bergstrom said he was still troubled by the process used in the calculations.

Mr. Hinchey said the process stood the test of meeting the regulations, the law, as well as common sense.

Mr. Summers said he did not like the process either. Mr. Summers quoted Mr. Redfield as saying he was helping small business and he did not feel that is his role. Mr. Summers feels that the Water & Sewer Manager has too much power.

Mr. Hinchey said perhaps there needs to be more specifics in the Sewer Bank Policy, but until it is changed the calculations are legally supportable.

Mr. Whitcomb said in the future perhaps the Board of Selectmen needs to look at the Rules and Regulations of the Sewer Department and he was disappointed some of the paper work was not available to support what had happened with DEP, but the Manager had the authority for the action he took based on the Rules and Regulations in effect.

Mr. Summers moved the Board of Selectmen accept the report from the TAG and report to the Zoning Board of Appeals that the authorized flow is 2170gpd. Mrs. Bohman seconded the motion. The Board of Selectmen voted three in favor, one opposed (Mr. Bergstrom).

Mr. Bergstrom commended the Public Ceremonies Committee for the Fourth of July Parade. Mr. Whitcomb said it was great that the field activities were reinstated this year.

Mr. Bergstrom also commended the staff for the work at the Ryder’s Cove Parking Lot.

The meeting adjourned at 6:20PM.

Respectfully submitted,