Town of Chatham, MA - Selectmen's Meeting Minutes 3/26/08

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

Mr. William Bystrom told the Board of Selectmen he had delivered a petition article to the Town Clerk for inclusion in the Annual Town Meeting Warrant. The petition seeks $105,000 in funding for treatments at Lovers lake and Stillwater Pond to improve the water quality of both ponds.

The treatments are a recommendation from a study done by ENSR on the condition of the ponds. The Department of Health and Environment will be holding an informational meeting on the draft report on April 19^th at 2:00PM in the downstairs meeting room at the Town Hall, 549 Main Street.

Mrs. Bohman moved the Board of Selectmen place this Article on the Annual Town Meeting Warrant. Mr. Bergstrom seconded the motion.

Mr. Hinchey noted these funds have not been considered in the preparation of the budget and will need a funding source. Mr. Summers expressed some concern that this petition is coming in so late in the process of developing the Warrant.

Mr. Len Sussman, Chairman of the Planning Board, attended this meeting to review a proposed Article addressing affordable housing and an amnesty program for illegal apartments. These amendments have to do with creating opportunities for private development of affordable housing.

Mr. Sussman said although the Planning Board has not approved the final version of the changes, it is expected this “resultant version” with one change to the Guest House section will be approved and recommended by Planning Board at their next meeting.

Mr. Bergstrom asked if this would allow a property owner to build another dwelling on the property. Mr. Sussman said that would not be allowed. The affordable units must be incidental to a single family dwelling.

Mr. Summers said he was hoping the re-write would not require a special permit to allow amnesty for existing apartments. He would like to see that changed.

Mr. Sussman said since this is the first time Chatham has allowed an amnesty program, the Planning Board wanted to account for concerns about safety. This Special Permit process will give neighbors a chance speak at the Zoning Board of Appeals and allow for more Town review through the ZBA. He said the program will account for a large percent of the goal toward affordable housing set by the State at 10%, without taking up more land in Chatham.

Mr. Summers said he believes the citizens are ready to embrace more aggressive Bylaw changes to allow private land owners to develop affordable units.

Mr. Sussman said the Planning Board feels the changes are more likely to pass if there is a Special Permit required. Mr. Summers feels it will inhibit people from coming forward.

Mrs. Bohman said she understands Mr. Summers concerns but the Article should include the Special Permit and that provision could be changed at a later date if it is no longer needed.

Mr. Bergstrom said he feels the Town needs to include dates in the Amnesty Program so units could not be built after Town Meeting and then have the owners apply for amnesty. He also felt standards for the Special Permits are needed.

Mr. Whitcomb said he felt the public process may make it more difficult for people to come forward. He felt the Town needs to make the process less onerous.

Chairman of the Affordable Housing Committee Bill Bystrom introduced the Town’s housing consultant, Laura Shufelt. Ms. Shufelt told the Board of Selectmen the DHCD has allowed these apartments to count toward the 10% if there is a Town “subsidy” involved. The action of the ZBA Special Permit is allowed as a “subsidy.”

Mr. Summers asked why a Bylaw change wouldn’t be considered a “subsidy” by the Town. Ms. Shufelt said if the apartments are by right rather than Special Permit they would not be considered to meet the qualifications for counting toward the 10%.

Mr. McDonald presented an alternative amendment if the Selectmen want to remove the Special Permit provision. Mr. McDonald said the rewrite includes the same criteria as the State requires for counting toward the 10% and the Town could appeal to DHCD to have the apartments count.

Mr. Summers said the Board of Selectmen has previously talked about creating work force housing not in compliance with the State guidelines and at times the Board has felt it was more important for the Town to create affordable housing, not necessarily meet an arbitrary 10%. He feel including the Special Permit will not have the desired effect.

Mr. Whitcomb felt the charge to the Planning Board was to have the units to count toward the 10% so he will support the Article as presented.

From the gallery, Mr.Ronald Rudnick suggested this proposed change will not encourage people to take advantage of the amnesty program. He suggested the Town change the Bylaw to allow apartments incidental to a commercial property in the General Business and Small Business zones.

Mr. Sussman said this would be a change to a separate section of the Bylaw and was not included in the Planning Board considerations. Mr. Whitcomb suggested the Planning Board could take this under advisement for future consideration.

There was further discussion about absent owners and the number of homeowners who do not live in Town year round. Mr. McDonald explained this provision does not allow a property owner to rent an accessory apartment as well as the primary residence. It does not require the owner live in the house full time.

Mr. Summers felt there still needs to be dialogue with the Board of Health to assist with allowing accessory apartments.

Mr. Bystom said the Affordable Housing Committee recommends passage of the proposed new bylaw. He told the Board of Selectmen Barnstable has created 160 units. He said this change is a good start. The Planning Board still needs to work on affordable housing, an inclusionary bylaw, first floor apartments in commercial buildings, multi family units in business or commercial districts. He suggest the Planning Board, Affordable Housing Committee and/or Board of Selectmen form an ad hoc group to meet with developers and establish what is needed to keep going forward with affordable housing programs.

Mr. Sussman assured Mr. Whitcomb the Planning Board will continue to work toward more affordable housing incentives. Mr. Sussman said the Planning Board is 98% ready to present an inclusionary Bylaw and will be coordinating their efforts with local developers and the Board of Health.

Mr. Stephen Buckley rose from the gallery to address the Board of Selectmen. He said he did not think the connection to Chatham for consideration for affordable units was defined sufficiently. Mr. Sussmen said this reference is included to show the spirit of the Town’s intent but cannot be too literal or written to allow prejudice.

Mr. Whitcomb asked Mr. Sussman if the Planning Board could meet before next Tuesday night because of time constraints. Mr. Sussman said they would try.

Mr. William Riley attended this meeting and asked the Board of Selectmen to place an Article on the Town Meeting Warrant to afford a Bylaw Amendment which would allow the camps that were in existence on January 1, 2008 and are still intact on North Beach be allowed to be temporarily stored on one property.

Mr. Whitcomb asked why this Article could not have been presented sooner. Mr. Riley told the Board of Selectmen the property owners who are waiting for permits to raise their camps thought there would be more time for permitting but they are in danger and need to be moved.

Mr. Hammatt, one of the camp owners and the property owner where the camps will be stored, told the Board of the sentiment and history on the beach and attempts to somewhat preserve the way of life familiar to the camp owners.

Mr. Summers moved the Board of Selectmen place this Article on the Annual Town Meeting Warrant. Mrs. Bohman Seconded the motion and the Board of Selectmen voted unanimously in favor.