Board of Selectmen’s Meeting
April 1, 2008
Chairman Whitcomb called the meeting to order at 4:00PM with Ms. Connors, Mrs. Bohman, Mr. Bergstrom and Town Manager Mr. Hinchey present.
Ms. Connors moved the Board of Selectmen vote to approve the minutes of the March 25, 2008 Board of Selectmen’s meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted four in favor and one abstention (Mrs. Bohman did not attend the meeting).
Public Forum
Mr. Earl Hubbard praised the Administration for the streaming video archives and commended the Board of Selectmen for having so many committee meetings televised.
Mr. Hubbard also asked about the charge for a Permanent Building Design Review Committee. Mr. Whitcomb said that will be on a future agenda.
Mr. Stephen Buckley said he will be writing to the Board of Selectmen to appear at a future meeting to ask the Board to have more open forums where citizens could come and talk to the Board members. He fell it will encourage more citizens to become involved.
Appointments
Ms. Connors moved the Board of Selectmen vote to appoint Stephen A. Wright to the Shellfish Advisory Committee until June 30, 2010 unless sooner revoked or a successor is appointed. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.
Zoning Amendment Affordable Housing
Planning Board Chairman Len Sussman attended this meeting. Mr. Sussman described the changes to the proposed Bylaw, which were minor, from the draft the Board of Selectmen reviewed on March 26, 2008. Some references to other sections of the Bylaw were added for clarification. The explanation now includes reference to meeting the goal of 10% through private property owner participation. Mr. Sussman said accessory apartments in the Industrial Zone do not count toward the 10% but this may be allowed in the future if appealed to the DHCD. Another addition was to limit the apartments in the Industrial Zone to two bedrooms. The Planning Board voted seven in favor of this Article and none opposed.
Ms. Connors 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.
Ms. Connors moved the Board of Selectmen recommend approval of this Article to the Town Meeting. Mrs. Bohman seconded the motion.
Mr. Bergstrom noted noone has stepped forward to take advantage of the current Bylaw. He said he has a problem with the option to withdraw from the program. Mr. Bergstrom feels there is a potential for abuse of the Bylaw. Mr. Sussman said the Town needs to try this and if it is not successful to readdress the Bylaw next year. Mr. Sussman said there is nothing harmful in this proposed Bylaw.
Mr. Whitcomb asked Mr. Bergstrom to elaborate on his reservations. Mr. Bergstrom said the voluntary withdrawal from the affordable designation does not remove the apartment from the premises. Principal Planner Terry Whalen noted that if a property owner withdraws from the program they are subject to the conditions of the Special Permit from the ZBA and removal of the kitchen would be required. Mr. Whalen also said these special permits are subject to annual reporting requirements. Mr. Bergstrom thought the specifics should be included in the Bylaw. Mr. Sussman told the Board the revocation provision has just recently been included in State guidelines. It was felt that to commit a property in perpetuity was too much to ask because of transfers in ownership.
Ms. Connors said she feels the Town needs to try this new proposed Bylaw. She noted it is of no cost to the Town and the citizens should be allowed or given the opportunity to take action.
Mrs. Bohman said she is confident the Community Development Department will explain the process to the owners.
Mr. Whitcomb said he accepts the cautious approach the Planning Board has decided on. Mr. Sussman said the Planning Board tried to balance an aggressive change that would be acceptable to the public.
Mrs. Avellar, an attendee at the meeting, said she agrees with Mr. Bergstrom’s hesitation. Also from the gallery, Mrs. Gloria Freeman noted the properties subject to a special permit could void their permit by withdrawing from the program, but in the Industrial District these accessory apartment permits are by right. She also noted the removal of the stove only applies to new construction.
Mr. Onembo said the Town should be looking at how many illegal apartments exist and whether there are actually people who are waiting for more apartments.
Mr. Buckley told the Board of Selectmen his research indicated that a local preference is not illegal.
Mr. Whitcomb asked Mr. Sussman if the Planning Board considered putting both the old Bylaw and the proposed new Bylaw into the Warrant. Mr. Sussman said he felt that was an administrative decision. Mr. Whelan said the comparison documents are available on the Town’s web site and at the Annex. The Planning Department will also make them available at the Town Meeting.
The Board of Selectmen voted three in favor one opposed (Mr. Bergstrom).
Sign Annual Town Meeting Warrant
Mrs. Bohman moved the Board of Selectmen vote to sign the Annual Town Meeting Warrant for posting by the Constable. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.
Executive Session
Ms. Connors moved the Board of Selectmen go into Executive Session for purposes of discussing Labor Negotiations. Mr. Whitcomb announced the motion and polled the members. All voted to go into Executive Session.
The meeting adjourned at 5:00PM
Respectfully submitted,
Ramona M. McDonald
Recording Clerk
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