Town of Chatham, MA - Selectmen's Meeting Minutes 9/4/07

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

Mrs. Bohman moved the Board of Selectmen vote to approve the minutes of the August 21, 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 August 21, 2007 Water & Sewer Commissioner’s meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Dr. David Burns and Mr. Robert Monaghan both rose to say they were from West Chatham and there were several people in the gallery who wanted to speak at this meeting. Mr. Whitcomb reminded those gathered that this was an agenda item and would be discussed later in the meeting.

Ms. Cynthia McCue attended this meeting representing the Chatham Historical Society.

The Board of Selectmen received a request from the Chatham Historical Society to place eleven directional signs at points in Chatham for their eighth annual Antiques Show and Sale at the Chatham Elementary School on September 15^th and 16^th.

Mrs. Bohman moved the Board of Selectmen vote to grant permission as requested. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

The Board of Selectmen discussed the recent shoaling in the channel of Stage Harbor and a request from the Monomoy Yacht Club to extend the 5mph “No Wake” zone to slow the power boats around the sailing vessels.

Mr. Robert Hamblet, Chairman of the Waterways Advisory Committee told the Board of Selectmen the WAC voted to post a temporary sign in the area. The WAC also recommends that only until the Town can secure the necessary permits and/or funding to dredge the channel, the Harbormaster post a Seasonal (June 15-September 15) “No Wake” sign between the hours of 8:00AM and 6:00PM.

Mr. Bergstrom said he was skeptical of the request because the commercial fishermen need to get through the channel quicker to get to their work.

Mr. Summers asked the WAC to look at a “no wake” area on the Ryders cove side.

Mrs. Betty Magnusson, from the Monomoy Yaucht Club said the sailors are very sensitive to commercial fishermen and always give those vessels the right of way. She told the Board of Selectmen the recreational motor boats are causing the problems.

Mr. Whitcomb said if the Town can’t dredge before next season he thought the restriction should be implemented.

Harbormaster Stuart Smith said the silt is building between buoys 1 & 2 and creates a bottleneck effect in the channel. He told the Board of Selectmen the Coast Guard needs district approval to move the buoys. Mr. Bergstrom moved the Board of Selectmen vote to postpone this item until April of 2008. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Don Edge, Chairman of the Summer Residents Advisory Committee told the Board his committee voted that the membership, established at fifteen is too many members and makes it difficult to meet a quorum.

Ms. Connors moved the Board of Selectmen vote to reduce the membership of the Summer Residents Advisory Committee to eleven effective June 30, 2008. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the Board of Selectmen vote to change the appointment dates of the Summer Residents Advisory Committee to June 1 of each year with an expiration date of May 31 of the appropriate year. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Principal Planner Terry Whalen explained to the Board that adoption of this policy will provide a framework for potential future affordable housing project components seeking the Board of Selectmen’s endorsement through the Local Initiative Program. This policy puts in writing a process to coordinate with proponents of affordable housing projects that are consistent with the Town’s goals.

Ms. Connors moved the Board of Selectmen vote to adopt a Friendly 40B Policy, Local Initiative Program (LIP) Project Approval as presented. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Whalen explained the Affordable Housing Planned Production Plan sets up a strategy for achieving the Town’s goals and will control the rate of development of 40Bs.

The Affordable Housing Committee approved the final draft of the Plan on August 8, 2007 and voted to forward it to the Board of Selectmen for approval and submission to the Massachusetts Department of Housing and Community Development.

Ms. Connors moved the Board of Selectmen vote to approve the “Affordable Housing Planned Production Plan.” Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Board of Selectmen/Planning Board/ Affordable Housing Committee Prioritization

The Board of Selectmen, the Planning Board and the Affordable Housing Committee have been reviewing potential affordable housing zoning bylaw changes.

Mr. Summers said he would like to be able to bring affordable accessory apartment zoning changes to the Town Meeting.

Ms. Connors said she would like to see proposed changes that spread affordable units throughout the Town.

Mr. Summers moved the Board of Selectmen vote to ask the Planning Board to prepare a bylaw change similar to the amnesty program in Barnstable. Ms. Connors seconded.

Director of Community Development Kevin McDonald addressed the Board of Selectmen to suggest that the proposed changes article could address more than just an amnesty program and discussion continued with the Planning Board and Affordable Housing Committee expanding on the amnesty program.

Ms. Connors moved the Board of Selectmen vote the highest priority be placed on AH10 of the Comprehensive Plan which states “Evaluate current Zoning Bylaws to allow accessory apartments for other than relatives with restriction to rent them at affordable rates. Create an amnesty bylaw for currently illegal apartments, modeled after Barnstable’s” and further consider the following:

For Districts where requirement of a Special Permit is retained, the number of annual permits should be increased from 10 to 12.

Develop provisions for efficiency apartments with minimal kitchens and separate bathrooms (including apartments over garages).

Create a mechanism for currently “illegal” apartments to become “legal” by being brought up to code in exchange for long-term affordability restrictions.

A detached single-family dwelling with a Guest House on the same lot should be eligible for an Affordable Accessory Apartment if it meets all other size requirements.

Language should be added that an Affordable Accessory Apartment shall not exceed 1,200 square feet (or a percentage of the primary dwelling).

Functionality of the bylaw changes are also proposed to be enhanced by Technical Assistance, Tax Incentives, and Board of Health coordination.

Mr. Summers seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the Board of Selectmen vote that the second priority be “top of the shop” apartments with a minimum of 50% of the units proposed be affordable or they can’t be built. First floor apartments in Neighborhood Centers should be allowed to accommodate the elderly and handicapped. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Burns again addressed the Board of Selectmen about the potential bylaw change to create a workforce housing overlay district in West Chatham. Mr. Whitcomb explained that that proposal is not being considered during this discussion.

Mr. Bergstrom said he would like to include other inclusionary zoning measures as a priority including hotel motel conversions. Mr. Sussman, Chairman of the Planning Board, said this general approach needs to be studied to quantify percentages vs. profits. This information is necessary to ensure the program’s success.

Mr. McDonald said these inclusionary zoning measures are just a change in percentages and more study is needed to make sure they are feasible. Mr. Summers said he feels the Town needs incentives for developers to include affordable units in their projects.

Ms. Connors moved the Board of Selectmen vote to designate the Affordable Housing Committee Special Municipal Employees. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Committee Charges (Main Street Design/Underground Wiring Review Committee, Charter Review Committee)

Mrs. Bohman questioned references that had been made to a flyer that was distributed. Mr. Meservey, from the gallery, said there had been a circular distributed that suggested the Board of Selectmen would be taking some nefarious actions at this meeting concerning West Chatham. He cautioned the public to beware of rumor and innuendo that may generated by private neighborhood groups.

Mr. Bergstrom responded that there was reference to the West Chatham Neighborhood Center in the materials distributed for this meeting.