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Selectmen's Meeting Minutes 11/27/07
Board of Selectmen’s Meeting
November 27, 2007

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

Mr. Whitcomb asked for a moment of silence for Joseph  Nickerson who died at age 89.  Mr. Nickerson was considered the Town historian and was very much involved in community affairs during his life.

Public Forum

Mr. William Gray addressed the Board of Selectmen for permission for the Merchants Association to place a sign in the rotary advertising the Christmas Stroll.  He also said the Chamber of Commerce would like to place a sign at the Bassett House for the same purpose.  Mrs. Bohman moved the Board of Selectmen grant  approval.  Mr. Summers seconded the motion and the Board of Selectmen voted unanimously in favor.

Shellfish Openings

Shellfish Constable Stuart Moore told the Board of Selectmen the State’s testing for Buck’s Creek and Oyster Pond have been delayed but he is confident the testing will be done for the December 1, 2007 openings.

Mr. Bergstrom moved the Board of Selectmen vote effective December 1, 2007 the waters and flats of Taylor’s Pond, north of a line drawn across the mouth of the Pond, are open to the taking of all shellfish by permit holders until further notice.  Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Bergstrom moved the Board of Selectmen vote effective December 1, 2007 the waters and flats of Mill Creek north of a line drawn northeasterly from the western breakwater to the eastern breakwater at the mouth of Mill creek and south of a line drawn across the mouth of Taylor’s Pond, are open to the taking of shellfish by permit holders until further notice.  Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Bergstrom moved the Board of Selectmen vote, subject to approval by the Division of Marine Fisheries, effective December 1, 2007 the waters and flats of Buck’s Creek north of a line across the mouth of the creek and east of a line across the mouth of Cockle cove Creek are open to the taking of all shellfish by permit holders until further notice.  Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Bergstrom moved the Board of Selectmen vote, subject to approval by the Division of Marine Fisheries, effective December 1, 2007 the Oyster Pond east of a line from Kelly Lane to Long Point and west of a line from Oyster Pond Furlong to the southeast corner of the Pond as marked by “No Shellfishing” signs is open to the taking of all shellfish by permit holders until further notice.  Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Committee Update HBDC

Chairman of the Historic District Business Commission Eric Whiteley attended this meeting to update the Board of Selectmen on the Commission’s activities.  Mr. Whiteley recognized the other members of the Commission: Darci Sequin, Ted Striebert, Ali van der Burg, Guenther Weinkopf, and Alternates Tim Smith and Rebecca Speight.

Mr. Whiteley said feedback from the public about televising the meetings has been positive.  

The Commission is reviewing their demolition review procedures.  The applicants will be asked to provide more complete information.  

The Commission has been working with the Zoning Board of Appeals on a Chapter 40B application.

Mr. Whiteley said the project for the land behind the Sou’ wester as been withdrawn but the Commission had spent a great amount of time working with the applicant before it was withdrawn.

The Commission continues to work with other committees whose duties and interests are similar and were part of the group who worked on Chatham becoming one of  the  National Historic Trust’s 2007 Distinctive Destinations.

Mrs. Bohman said she attends the meetings as the Board of Selectmen liaison and the Commission is doing a very thorough job.

Mr. Summers asked if there has been any discussion on the necessity of having oversight in the industrial park.  Mr. Whiteley said a sub-committee has been formed to review the Commissions regulations and the locations of the District.

Mr. Whitcomb thanked Mr. Whiteley and the Commission on behalf of the Town.

NEED Request - Sales on Main Street     

The Need (National Energy Education Department) represented by Ms. Annie Bassett has requested  permission for outside sales on Main Street.  Ms. Bassett explained the club at the Chatham Middle School is a not for profit organization.  The children would like to sell Christmas lights donated by the Cape Light compact.  The club would like to set up a table near the Chamber Booth on December 1, 2, 9, 15, and 16.  They will be giving out informational brochures and selling LED Christmas lights.  The club will also be asking the Compact for CFC lights to distribute.

Mrs. Bohman moved the Board of Selectmen vote to allow the sales as requested. Mr. Summers seconded the motion and the Board of Selectmen voted unanimously in favor. Mr. Whitcomb commended the group for their efforts.

Annual Alcohol License Renewals

Mr. Whitcomb announced at this time the Board of Selectmen will be considering the renewals of the Annual Alcohol Licenses.  Mr. Whitcomb read the list of the licenses due to be renewed: Impudent Oyster, The Bradford Inn, Chatham Dramatic Guild, Brown James Buck (VFW), Eastward Ho! Country Club, Chatham Squire, Wayside Inn, Honest Beans (Camparis), Marley’s Restaurant, Christian’s Restaurant, The Cranberry Inn, New England Pizza House #3, Liquor Locker, Chatbar Inc. E/S Shore Road, Chatbar, Inc. W/S Shore Road, Roo Bar, Chatham Market, Quinnshaw Corporation, Epicure of Chatham, Chatham Liquor Store, Shop Ahoy Liquor Store, Chatham Light Liquors, and South Village Variety & Deli.

By consensus and without objection Christian’s Restaurant was removed from the list for further discussion.

Ms. Pat Ford, a member of the Committee for the Disabled read a statement concerning the lack of accessibility at some of the locations to be renewed.  After some discussion, Mr. Summers moved  the Board of Selectmen vote to approve the renewals and send notices to the license holders that the Board of Selectmen, via the Committee for the Disabled, will be looking for compliance with accessibility laws when considering the renewals for 2009.  This will give the business owners an opportunity to develop plans of action for making their businesses accessible.  Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.   Ms. Ford said the Committee will report back to the Board with their findings.

Mr. Bergstrom said he is uncomfortable renewing Christian’s Restaurant because the business is currently not in operation.  He felt the Board of Selectmen should seek counsel from the ABCC.  Mr. Whitcomb said he has had reservations because there is no definite plan or date for the restaurant to reopen.

Mr. David Oppenheim, owner of Christian’s Restaurant said he understands the technical points which may make the Board uncomfortable with the renewal, but asked the issue be tabled until the full Board is present and voting.  Mrs. Bohman noted it may be as early as January that they will know what the operation plan will be at Christian’s.
Mr. Summers said he understands the need for Christian’s to reformulate a plan, and realizes it is a struggle for the restaurants to stay open year round, but does not want to set a precedent for allowing restaurants to be closed for extended periods of time.

Mr. Bergstrom moved the Board of Selectmen vote not to renew the 2008 Alcoholic Beverage License for Christian’s Restaurant at 443 Main Street because the business is currently closed.  Mr. Whitcomb seconded the motion.  The Board voted three in favor, one opposed (Mrs. Bohman).

Selectmen’s Goal Setting

Mr. Whitcomb said he would like to start the process of setting the Board’s goals by trying to build consensus on some items.

What follows is a general conversation regarding the Selectmen’s Goals.
Mr. Whitcomb, Mrs. Bohman and Mr. Bergstrom all had the completion of the PD/Annex on the list of goals.  Mr. Bergstrom said he would like to be able to take the new design back to Town Meeting.  Mrs. Bohman agreed and said she considered this a Short Term Goal.

Mrs. Bohman said she still has affordable housing on her goals and would like the Town to start thinking about work force housing. Mr. Bergstom noted the Board has acted on this goal by approving the Planned Production Plan and asking the Planning Board for changes in the Bylaw.  He would like to have an update of their work to date.

Mr. Summers said some goals may be shared but he sees the solution as very different.  Mr. Summers wants to support housing through private development, by changing the Protective Bylaw or offering incentives.   He feels this is where the ranking system for the goals fails.  Mr. Whitcomb agreed that the goals need to be specific.  Mr. Whitcomb said he is also in favor of zoning changes and accessory apartments but would also support buying land for work force housing.  Mr. Bergstrom still feels the formula for qualifying for housing needs to be changed and wonders if we can do anything to help accomplish that.  He said the Town needs housing for teachers, firefighters, police and others but the Housing Authority is committed to the State’s definition for income.

Mr. Summers does not think the Board of Selectmen can have a goal to increase middle class housing.  He said the Town cannot “socially engineer” the housing of the community.  He said the zoning bylaw has eliminated the ability to build multi-family or duplex housing.

Mr. Whitcomb noted there is a consensus of the Board of Selectmen to change some zoning bylaws to help with housing.

Mr. Hinchey suggested the Board could articulate specifics within the goals and vote for a goal in general.  This would help the staff prioritize.

Mr. Bergstrom said the Board of Selectmen supports the plan submitted by the Affordable Housing Committee and he believes the Town can build on the work that has been done to date while continuing to work with the Planning Board.

Mr. Whitcomb said the Town has an opportunity to buy land for housing and perhaps the Town could form a private/public partnership to build middle income housing.  Mr. Summers said he does not support buying land to use for housing.  He would rather see the zoning changed so people can build something other than single family houses.

Mrs. Bohman said one of her long term goals is underground utilities.  She feels we should start now to study process and costs.  She feels this is a safety issue as well as an aesthetic concern.  Mr. Bergstrom agreed and said the Underground Utility Committee should be reactivated and one of their tasks should be to see if this could be done in conjunction with the sewer lines.  Mr. Whitcomb said he would like to see the costs associated with this undertaking.

Mr. Hinchey reminded the Board that they talked about combining the Main Street Design and the Underground Utility Committee.  He said that needs to be resolved before we can continue.  Although staff can assist there will be a lot of work involved and a Committee adds to the Town’s resources.

Mr. Bergstrom mentioned two of Ms. Connors goals.  One was to support a no chain bylaw and the second to support the local community by assisting the Maritime Festival through funding ($10,000).  Mr. Bergstrom said we need to determine what organization the money would go to for the Maritime Festival.  He also said if the money is given to the Chamber, the Town needs the ability to direct where the funds will be spent.

Ray Braz, President of the Chamber, told the Board of Selectmen the Maritime organizers have the festival in May when the weather can be unpredictable.  He said they would be willing to work with the organizers.

Mr. Summers said the Comprehensive Wastewater Management Plan is progressing, but he wanted to reiterate the importance of the project and have it remain a top priority goal.  Mrs. Bohman agreed and said her goal is to the public to start educating the voters about what the Town needs to do. Mr. Whitcomb said it is one of his goals as well.  He wants to see the Plan finalized and secure MEPA’s approval. Mr. Bergstrom concurred.

Mr. Summers wants the Waterways Bylaw and Mooring Regulations drafted in time for Town Meeting.

Mr. Bergstrom noted another of Ms. Connors goals was to implement employee evaluations.  Mr. Bergstrom said he feels that is Mr. Hinchey’s job, but he would like to have more progress reports on the Selectmen goals; perhaps quarterly reports and also, how the progress on projects and the Selectmen’s goals are focusing on the Long Range Comprehensive Plan.  

Mr. Summers agreed that performance evaluations are important but felt that the actual function is up to the Town Manager.  Mr. Hinchey said the administration will be addressing the evaluations through the Personnel Policy.  

Mrs. Bohman said another of her goals is for Chatham to have an adult day care center.  Mr. Hinchey said the staff is studying the need and costs and also requirements of a center.

Mr. Whitcomb said that was also on his list of goals.  He thought we could consider expansion of the present building, one of the residences at MCI or perhaps land adjacent to Liberty commons.  He suggested the Town explore a private/public partnership to this end.

Another goal, increased revenue, was discussed.  Mr. Whitcomb suggested paid parking as a possible source.  Mr. Bergstrom thought we should explore fees for boat launching at the Town landings.

Mr. Whitcomb had on his list of goals, bike trail expansions.  Some funds have been provided through a bond and the Bikeways Committee is working on some recommendations.

Mr. Whitcomb also said he would like to see the Finance Committee meetings televised.  He feels this would be helpful for the voters as the Committee reviews the budget and will help the public to understand the Finance Committees role in Town government. It was the consensus of the Board to explore this with the Moderator and Finance Committee members.

The Board was in agreement that we should be developing public access to the land the Town has purchased.

Mr. Whitcomb also would like to keep the West Chatham Village between George Ryder and Barn Hill as a priority.  Mr. Hinchey said he has hired someone to work on the design.

Mr. Whitcomb said another goals of his was to support quality education.  He feels  progress has been made working with the School Committee.  Mrs. Bohman agreed and said she would like to see the Schools be more willing to come in and keep the Board and the Town informed.  She hopes the school can be disabused of having a separatist stance when it comes to the Town as a whole.

The Board took no legal action and will continue their discussion on goals.
Other Business

Mr. Bergstrom said he would like to start the Board of Selectmen meetings more promptly at 4:00.

Mr. Whitcomb said the Town has set up a new process for dealing with the street lights that need repair.  He explained Nstar is not responsible for repairs the Town has a contract with Republic Electric and all calls should go through Daniel Marsh at the DPW.

The meeting adjourned at 6:45.

Respectfully submitted,

Ramona M. McDonald
Recording Clerk

Town Seal
Town Offices 549 Main Street, Chatham, MA 02633
Phone: 508.945.5100    Fax: 508.945.3550

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