Town of Chatham, MA - Selectmen's Meeting Minutes 3/4/08

Mr. Bergstrom moved the Board of Selectmen vote to approve the minutes of the February 26, 2008 Board of Selectmen’s meeting. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Paula McMann, staff advisor to the Chatham High School Animal Welfare Club, addressed the Board of Selectmen to announce the Club will be holding a shower for animals on Tuesday, March 11, 2008 from 4:00 to 7:00PM in the High School Cafeteria. The public is invited and asked to bring a donation or gift certificate from a pet supply dealer. The Club supports the Town’s animal control department.

Ms. Audrey Hart, a student club member, asked the Board of Selectmen if the Club could place a sign at the triangle behind the rotary to announce the event. Ms. Connors moved the Board of Selectmen vote to allow the sign request. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Representatives from the Town of Orleans included Selectman Mr. Hinckley, Selectman Mr. Fuller, Town Administrator John Kelly, Park and Beach Superintendent Paul Fulcher and Orleans Town Counsel Michael Ford. Chatham Town Counsel Bruce Gilmore was in attendance at this meeting.

Mr. Fulcher provided an overview of meetings that Orleans has had with State and Federal officials. He noted Orleans could not use Chatham’s property for negotiations without prior approval however, Orleans feels Chatham’s new south island would be a prime area for mitigation. He said dog control, and predator control would be necessary.

Each brood would have to be monitored while traffic is allowed. This is estimated to cost approximately $40,000 but would depend on the number of birds.

There are many agencies that would be involved in the permitting including Mass. Fish and Wildlife, the Secretary of Environmental Affairs, US Department of the Interior, the Massachusetts Environmental Protection Agency and others. MEPA would require an ENF which would necessitate public hearings.

Ms. Connors asked about the duration of the Permit, if issued. Mr. Fulcher said the town of Orleans is asking for a three year permit, although State officials have indicated their preference would be one year.

Mr. Bergstrom noted the public hearings may offer even more obstacles. Mr. Fulcher said he has met with interested groups and there may be several different opinions on what should happen to the beach.

Mr. Whitcomb asked if Orleans intended to go forward with the permit without Chatham’s participation. Mr. Fulcher indicated that they would. Mr. Fulcher said it would be beneficial to have Chatham’s cooperation as regards the new South Beach Island because there are less predators in this area. Mr. Whitcomb said he feels giving up the Town’s control of the Island is too high a price to pay since the Section 10 Permit does not seem to have much benefit. Mr. Fulcher said three more weeks of access is very important to the beach users.

Ms. Connors said she also has concerns with designating the island as a mitigation source because the island may become a shellfish source and she does not want to agree to something that may have unintended consequences. Mr. Summers said he could agree to the mitigation sight if the Town knew what the commitment would be. Mr. Fulcher suggested Chatham could ask for guarantees in the agreement with the State and Federal agencies.

Mr. Summers moved the Board of Selectmen vote to: identify State Officials who have jurisdiction over the local Fish and Wildlife representatives and write to them requesting a meeting with State Officials who know and can interpret the regulations and further to ask the Town of Orleans to do that jointly with Chatham. Mr. Summers does not feel the local representatives are doing a proper job in working with the towns. Mr. Bergstrom seconded the motion with a note that the Town politely express our concerns. Mr. Fulcher said Orleans is not ready to take that action because the local State representatives have not responded to requests for a Section 10 Permit.

Mr. Summers added an amendment to the motion that it would only go forward if the Orleans Board of Selectmen agrees to participate. The motion was voted unanimously.

In response to Ms. Connors, Mr. Fulcher said the cost of the Section 10 Permit is anticipated to be $5,000. He also said Chatham could withdraw from the process at anytime during the negotiations.

Mr. Kelly said at this time, Orleans needs to know if Chatham will consider using the Island for mitigation and will Chatham split the cost of the application 85/15?

Mr. Bergstrom said he was willing to use the Island for negotiations if we know what limits will be imposed or what repercussions could be anticipated. Ms. Connors said she could not commit without having input from the land owners on the Island. Police Chief Mark Pawlina said a reporting plan would also need to be developed and would like to know what the requirements for that would be.

Mr. Gilmore noted the two towns are going to need new inter-municipal agreement. He suggested that since we do not know what the studies for a plan would cost, perhaps the Board of Selectmen would like to place a cap on what they would be willing to spend.

Mr. Whitcomb said he does want to be a good neighbor to Orleans, but does not want to be approve a “blank check.” He would like Chatham to have participation in the negotiations and he would be willing to pay a 15% share if he knew what the costs are going to be.

Mr. Bergstrom felt the process is an exercise in futility. He suggested the users should take action to seek relief. Mr. Summers said he would be willing to pay a 15% share of costs, but more importantly did not want to lose any rights to the use of the beach.

Ms. Connors said she is not inclined to support the application. She feels it involves too much staff time for very little return (three weeks use of North Bach).

Dr. Duncanson suggested the two towns need to develop a draft permit application. He said his experience has been that the agencies who provide the permitting need something to respond to and then there can be negotiating as to what is acceptable to each party. He said there also needs to be a Conservation Plan which will go with the permit application.

Mr. Whitcomb asked the Board members if it was acceptable to let the original working committee which developed the intermunicipal agreement to draft a Section 10 Permit application and conservation plan. All of the Board members agreed to this strategy.

Principal Planner Terry Whalen reviewed what has been approved in other towns as concerns a “no chain store bylaw” and how it was achieved through zoning or exclusion districts.

Ms. Connors said she felt this could be a useful tool in preserving the distinct look of Chatham in the downtown area. Ms. Connors moved the Board of Selectmen vote to ask the Planning Board and staff to develop a “no chain bylaw” similar to the model from Nantucket to be brought before a future Town Meeting. Mr. Summers felt the Route 28 corridor should be included. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the Board of Selectmen vote to appoint Al Haven to the Design Review Task Force as requested by the Water and Sewer Advisory Committee. Mr. Bergstrom seconded the motion. Mr. Summers felt this appointment was unnecessary because the Water and Sewer Advisory Committee has already reviewed the design of the proposed administration and operations building. He also noted it would make an even number on the Task Force. Mr. Summers also said there were many interested candidates for the Task Force and he did not think the Board of Selectmen should appoint in a manner not in keeping with their standard practice. The Board voted two in favor (Ms. Connors and Mr. Bergstrom), two opposed (Mr. Summers and Mr. Whitcomb). The motion did not carry.

Ms. Connors moved the Board of Selectmen recommend approval of this Article to the Town Meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.