Town of Chatham, MA - Selectmen's Meeting Minutes 10/16/07

Mrs. Bohman moved the Board of Selectmen approve the minutes of the October 9, 2007 Board of Selectmen’s meeting. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Barbara Cotnum, representing the Chatham Historical Society, attended this meeting to request the Historical Society be allowed to erect several directional signs to the Annual Festival of Trees to be held at the Atwood house on November 23, 24, 30, and December 1, 2007. The signs will be located at the triangle behind the rotary, Doc Keene Scout Hall and the Bassett House.

Mrs. Bohman moved the Board of Selectmen vote to approve this request. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

The Board of Selectmen received a request form the Chatham Merchants Association to hold their Annual Christmas-by the Sea Stroll Weekend including the use of Main Street for hay rides and the tree trimming in Sears Park.

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

Chairman of the South Coastal Harbor Plan Committee Mr. Tony Murphy attended this meeting. He said the Committee has reorganized and paid staff will act as consultants to the Committee but the Committee now consists of all volunteers. Mr. Murphy said the Committee is reviewing the use of docks and piers as required by the Plan. They will be identifying and evaluating the South coastline by area instead of each lot. Their deliberations will include shellfish habitat, mooring fields, water depth, inland waters and marsh lands. The Committee is going to begin meeting on a monthly basis.

The South facing areas are becoming more active because of shoaling in other areas and the Committee will be considering regulations for Forrest Beach and Taylor’s Pond areas.

Bob Hamblet, Chairman of the Waterways Advisory Committee attended this meeting. Mr. Hamblet said the Advisory Committee will retain nine members until June 2008.

He said in the past year the Committee has reviewed the Inspector General’s report and spent much of their time making recommendations as a result of the IG’s recommendations to the Town. The Boat yards were to asked to establish a policy to conform to the Town’s criteria, which will include considerations for MCR 907. He reviewed some of the actions that were taken in the Spring.

The Committee has been discussing shoaling at Taylor’s pond. Remnants of a jetty have been discovered in this area. Director of Coastal Resources Ted Keon has hired a consultant to consider the viability of dredging Mill Creek. The Committee will be consulting with Shellfish Constable Stu Moore since it is believed the area contains large shellfish beds.

The Committee has also been considering the addition or extension of the Dock at Ryder’s Cove. Mr. Hamblet said the eelgrass in the area is a concern and Mr. Keon will be meeting with the Conservation Commission to assist us on how we can mitigate congestion at the ramp.

The Committee is still exploring the legality of separate waiting lists for commercial fishermen. The Committee wants to consult with other towns as to their practices. There are questions as to how one determines commercial - would it include only fishermen or shellfishermen other commercial boating endeavors? - there is a challenge in trying to define “commercial” waiting lists.

Mr. Hamblet said the WAC is pleased with the Selectmen’s permit to have a private operator dredging in the Oyster Pond.

The Committee is considering a change to the Bylaw as it applies to mooring inspections. They believe there is a weakness in bylaw as to who is qualified to inspect moorings, and have agreed on what the makeup of the gear should be.

The WAC continues to work with the boatyard owner’s attorney for addressing a fair and equitable policy to be used, and to stop any quid pro quo being offered for boatyards to assign moorings.

Ms. Connors said she hopes the WAC can find a solution for the commercial waiting lists. She said if those moorings are lost it could come to a point where a fishermen would have to go on a waiting list. She also said the Attorney for the boatyards had said it could be done. Ms. Connors also suggested that certain areas could be reserved for commercial moorings only. Mr. Bergstrom suggested the Town could set up a separate corporation and assign themselves a number of moorings much the way the boatyards are being handled.

Mr. Summers noted the Board of Selectmen instituted policies about the waiting lists and where they were to be located. He asked Mr. Hamblet if the WAC has had any notice of assignments from the waiting lists. Mr. Whitcomb said he understood there have been none. Mr. Hinchey said the mooring assignments have been sent out and a thirty day period is allowed for response. So the Town is waiting to hear back.

Mr. Summers said transparency is most important for these waiting lists. He asked if the WAC could monitor the lists and the action taken by the Harbormaster. Mr. Hamblet said he could not see a problem with the WAC periodically monitoring the policy. When asked about mediation, Mr. Hinchey said any aggrieved party can appeal to the Harbormaster or the Division of Waterways.

Mr. Bergstrom said he did not feel the policy needed to be monitored; he is more concerned about public disclosure. Ms. Connors agreed saying it is the administration’s job to make sure the Board of Selectmen’s policies are followed.

Mr. Summers said the electronic lists have not been posted. Mr. Hinchey assured the Board of Selectmen the lists are on the website.

Town Counsel Bruce Gilmore attended this meeting to update the Board of Selectmen on his progress in rewriting the Waterways Bylaw and Moorings Regulations as discussed in June.

Mr. Gilmore asked that the Waterways Advisory Committee get any changes they are proposing to him as soon as possible.

Mr. Gilmore suggested the Town needs to provide an inventory of yacht club moorings also, so provisions could be made to preserve those moorings.

Mr. Gilmore recommended the Bylaw include penalties. First offense would be a warning, second offense a $300.00 fine and third offense rescind mooring permit. The Board of Selectmen agreed that should be included.

It was determined the boatyard waiting lists should be handled in a manner consistent with the Town and allow enough time for an owner to respond.

Mr. Gilmore will also include language that will require boatyards to give written notice for revocation or non-renewal stating the reasons for such action.

Mr. Bergstrom said he would like to know the number of moorings the Town reserves. He suggested the moorings revert to the Town, if needed, instead of being offered to the next person on the waiting list. Mr. Summers said he would like the Selectmen and Waterways Advisory Committee to be notified if the Harbormaster wants to add an abandoned mooring to the Town’s inventory.

Mr. Gilmore said he will have a draft rewrite of the Bylaw in two months. The Board of Selectmen thanked Mr. Gilmore for his input.

The Board of Selectmen reviewed a memo from the PD/Annex Design Review Task Force and agreed the Project Oversight Group will be involved with the redesign with advisories from the Task Force.