Town of Chatham, MA - Selectmen's Meeting Minutes 3/18/08

Chairman Whitcomb called the Water & Sewer Commissioners/Board of Selectmen meeting to order at 4:00PM with Mrs. Bohman, Mr. Bergstrom Mr. Summers and Mr. Hinchey present.

Director William Redfield presented his report for January and February. Mr. Redfield reported the flushing and chlorination for Spring will commence on March 11 and will continue until June.

A contract for a new generator at the water storage tanks has been awarded. The generator will allow the telemetry controls to operate during power outages.

The Town has filed a notice of claim for adjudicatory appeal of Registrant Statement No. 42205501. The Department of Environmental Protection is treating the registration of wells from 1984 until 1987 as a permit and is trying to impose conditions on the wells that will be costly for the Town of Chatham and the water users. It is believed the DEP does not have the authority to impose these conditions. They have not developed compliance criteria and guidelines to meet the conditions they are trying to impose.

Mr. Redfield spoke about current reports of pharmaceuticals leaching their way into water supplies around the country. Although there is not a lot of information available thus far, people are encouraged not to dispose of left over medicines through the sewer system.

Mr. Bergstrom asked about flushing the waters in and around forest areas when they contain chlorine. Mr. Redfield said the chlorine is dissipated through the air before the water reaches the ground.

Mr. Whitcomb asked if the MCI connections are completed. Mr. Redfield explained he has created a needed loop in the area and the hotel and operations buildings will be connected. The four residential building were connected during renovations for the lease to own program.

Mr. Whitcomb asked if the wells DEP is try to condition are on line. Mr. Redfield said they are except for Indian Hill. The Indian Hill well is considered an important part of the system but is still on standby because of PCE contamination.

Mr. Whitcomb asked Dr. Duncanson if the DEP is considering our request to increase sewer flows. Dr. Duncnason said they have acknowledged our request and continue to review the information provided.

Ms. Connors moved the Board of Selectmen vote to approve the minutes of the March 4, 2008 Board of Selectmen’s meeting as amended. Mr. Bergstrom seconded the motion and the Board of Selectmen voted four in favor, one abstention (Mrs. Bohman did not attend).

Ms. Connors moved the Board of Selectmen vote to approve the minutes of the March 11, 2008 Board of Selectmen’s meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted four in favor, one abstention (Mrs. Bohman did not attend).

Ms. Janet Daley, Chairman of the Chatham Housing Authority, introduced Ms. Maureen Auterio, the newly appointed member. Ms. Auterio was appointed by the Massachusetts Governor’s office. The Board of Selectmen wished her will in this new endeavor.

Planning Board Chairman Len Sussman explained the current language in the Protective Bylaw allows existing roadways to be enlarged and maintained with regard to their width. The new language would include “width and height.” The proposed Article would not supercede the Conservation Commission’s jurisdiction but upon approval of Conservation Commission, the applicant would not need the approval of the Zoning Board of Appeals.

Ms. Connors moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

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

Mr. Whitcomb thanked Paul Lagg for the chronology he provided concerning the outdoor Display of Goods Bylaw. Mr. Whitcomb called upon the Director of Community Development Kevin McDonald.

Mr. McDonald said this proposed change to the General Bylaws Amendment, Outdoor Display of Goods was prompted by a request from Mrs. Demos, a property owner in the downtown area, and prepared at the request of the Board of Selectmen.

Mrs. Demos addressed the Board of Selectmen. She thanked Board of Selectmen and members of the staff that had assisted in the proposed Article and reiterated her belief that outdoor displays can enhance business sales.

Mr. Whitcomb said there was a perception that businesses set back from Main Street were at a disadvantage in marketing their merchandise. He noted the special permits from the Director of Community or his/her designee are renewable each year. There have been approximately twelve requests since the Bylaw was adopted at Town Meeting.

Mr. McDonald said in response to some concerns, the proposed alternative changes the words “from Town Property” to “Main Street.”

Ms. Connors said she feels it is important for the Town to support small businesses and moved the Board of Selectmen vote to place this Article, presented as Proposed Alternative 3/18/08 on the Annual Town Meeting Warrant. Mrs. Bohman seconded the motion.

Mr. Bergstrom expressed some concern about bylaws being changed in a cavalier way. He felt this article would be detrimental in that Main Street could look like a yard sale if displays were allowed outside the shops. Mrs. Bohman disagreed stating that laws need to change with the times and she agreed this would help support small business.

It was determined that this change would still require a permit and any allowed permits would be subject to appeal or redress.

There was further question and answer. Some opposition was expressed by members of the gallery, further discussion reiterated that the permit and appeal process would still apply.

Ms. Connors moved the Board of Selectmen recommend approval of this Article to the Town Meeting. Mrs. Bohman seconded the motion

Mr. Bergstrom felt the merchants may take advantage of the special permit. He did note that several of the buildings in the area are churches, banks and other services that would probably not be displaying wares outside. Mr. Summers said he was comfortable that the bylaw provides enough protection for the Town. This was echoed by other business owners.

Mrs. Avellar was concerned about the width of the sidewalks, but the setback for display includes another five feet from the edge of pavement. Ms. Freeman noted there are sixty-three businesses in the area.

Mr. David Veach, who, with Ms. Virginia Nickerson, formed an ad hoc committee for the last re-write said he does not think a slight relaxation in the bylaw would present a problem.

Mr. Whitcomb, referring to a memo from the Principal Planner, noted that the Planning Board has requested a postponement of one week for consideration of the four affordable housing amendments to the Protective Bylaw.

Mr. Whitcomb announced the Board of Selectmen will be meeting on Wednesday, March 26 at 4:00PM to consider these Articles.

Mr. Victor Di Cristina, Chairman of the Land Bank Open Space Committee reported to the Board of Selectmen that the Land Bank’s total long term bonding stands at $8.182 million dollars. The total conserved space since the 1999 inception of the Land Bank is now 107.84 acres and beach front off Andrew Harding Lane.

Mr. De Cristina thanked Mrs. Young who resigned in 2007. He recognized and thanked the other members of the Committee: Mr. Jack Farrell, Mr. Richard Batchelder, Mr. George Cooper, Ms. Emilie Kimball, Mr. David Oppenheim, Mr. William Plumer and Associate Member Ali van der Burg. Mr. Di Cristina also thank Conservation Agent Kristin Andres and Principal Planner Terry Whalen for their assistance to the Committee and Mr. David Whitcomb the Board of Selectmen liaison to the Committee.

Mr. De Cristina provided a matrix of the land that has been purchased by the Land Banki totaling $14,442,812. He recognized the participation of the Community Preservation Committee, the Chatham Conservation Foundation, Barnstable County and $1,288,000 in private funds.

This Article proposes to purchase a property on Barn Hill Road and Valley Farm Drive consisting of approximately .47 acres for conservation and open space. Mr. De Cristina noted this parcel fits the criteria that the Land Bank uses when reviewing properties for purchase by the Town. This lot abuts property purchased in 2006. It is anticipated this parcel will allow a small parking area that will facilitate public access at the entrance to the Valley Farm Property. The purchase will be supplemented by CPC funds and the Conservation Foundation.

Mr. Summers feels the Town does not need this parcel for access and he is still opposed to buying small lots. He has always felt the Town should reserve funds for more substantial purchases. He expressed concern that monies are not being appropriated for maintenance and access to the lands the Town has purchased.

Mr. Di Cristina acknowledged the Land Bank has been delinquent in considering the maintenance, but has now decided to allow 3% of Land Bank funds for those purposes. They are currently developing a plan for Sylvan Gardens.

Mr. Whitcomb said he appreciates the work the Land Bank is doing but has reservations about this purchase. He does not feel this is a true partnership since the CPC is also a Town committee and the Foundation contribution is minimal. He thought the neighbors should consider contributing since the purchase would enhance their properties. Mr. Whitcomb thinks the price is high and that the questions concerning Lot 19 should be resolved before a purchase is considered.

Mr. Bergstrom moved the Board of Selectmen place this Article on the Annual Town Meeting Warrant. Ms. Connors seconded the motion and the Board of Selectmen voted four in favor, one opposed (Mr. Summers).

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 three in favor, two opposed (Mr. Whitcomb & Summers).

Ms. Connors moved the Board of Selectmen place this Article on the Annual Town Meeting Warrant. Mr. Bergstrom seconded the motion and the Board of Selectmen voted four in favor, one opposed (Mr. Summers).

Ms. Connors moved the Board of Selectmen recommend approval of this Article to the Town Meeting. Mr. Bergstrom seconded the motion. Ms. Seldin, Chairman of the Community Preservation Committee, told the Board this was a cooperative effort and the CPC can vote money for open space. Mr. Summers said the owner has a languishing property and approached Town when the land did not sell on the open market. He reiterated his feeling that the Town may jeopardize future purchases if we continue to buy marginal properties. The Board of Selectmen voted three in favor, two opposed (Mr. Whitcomb and Mr. Summers).

Ms. Connors moved the Board of Selectmen go into Executive Session for purposes of discussing Land Acquisition. Mr. Whitcomb announced the motion and polled the members. All voted to go into Executive Session.