Board of Selectmen’s Meeting
December 22, 2009
Chairman Bergstrom called the meeting to order at 4:00PM with all members and Mr. Hinchey present.
Special Town Meeting Warrant
Article 1 Zoning Petition
Ms. Gloria Freeman attended this meeting on behalf of the petitioners for Article 1 to amend the Protective Bylaw to change the Zoning Map for Lot 13E-37-C29 on the Town of Chatham assessing map back to R40. She elaborated on the Article by stating the Village Market will not be reopening at this location, which voters thought was the sole purpose for the Zoning change. She reiterated that she did not think the voters realized the consequences of their vote if the market did not stay at this location. She said Bromley Realty Trust would be using a “zoning loophole” if they submitted plans before the Special Town Meeting.
Mr. Bergstrom noted that since this is a petition the Board will be placing it on the Special Town Meeting Warrant. Ms. Freeman said she understood that and was asking the Board of Selectmen to support the Article.
Mr. Summers said he was disappointed that negotiations for the Chatham Village Market to remain on this sight were not successful. He also said the consequences of the Zoning change in October were explained several times before and at the Special Town Meeting. Mr. Summers also noted the zoning was flawed originally because the line went through the property. He said the owners of the property are willing to meet with Town officials to discuss the uses for the property and he feels the Board of Selectmen should take advantage of that offer, since the owners could file plans before the Special Town Meeting that would not be subject to this change in the Bylaw. He asked that the voters not act in haste, since it is already a commercial area and does not present any harm to the Community.
Mr. Sussman asked if there was any known reason for the original zoning. Director of Community Development Kevin McDonald explained the Zoning as written was to be a certain number of feet from Main Street and several lots in Town are in two zones because of that determination.
From the gallery, Ms. Nickerson asked several questions presenting hypothetical scenarios of what could happen to this and the abutting property with the current Zoning. Mr. McDonald explained that multi families and other uses are not allowed in this area but, like many non-conforming lots in Town, special permits could be sought from the Zoning Board Appeals.
Mr. Sussman told the meeting the change in October was not “spot zoning” as had been suggested; the area is already commercial. He said there are many things to consider other than the provision of a market at this site and he would not be in favor of this Article.
Mr. Whitcomb agreed noting that the Comprehensive Long Range Plan designates the intersection at Route 28 and Crowell Road as the commercial center for the area. He feels the Zoning change at the October Special Town Meeting compliments the Long Range Plan.
Mr. Bergstrom said he had reservations about making the commercial area larger and what could happen if the property is reconfigured to accommodate other uses or more parking.
Ms. Seldin said she would like to explore this further, based on the discussion. Ms. Seldin moved the Board of Selectmen defer making a recommendation on this Article until the January 12 Board of Selectmen’s meeting. Mr. Whitcomb seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. McDonald noted the Planning Board will be holding a hearing on this Article on January 12 also.
Article 2 CPA Funds Marconi
Mr. John Kaar, Chairman of the Community Preservation Committee, attended this meeting to present Article 2 of the Special Town Meeting Warrant which would transfer $408,730 from the Community Preservation Fund balance in order to fund site improvements to create a new entry road, parking areas, associated drainage and utilities at the former Marconi-RCA site in Chatham in the vicinity of the Operations Building to facilitate the creation of the Chatham Marconi Maritime Center and the other buildings on the site.
Mr. Sussman said he feels there is a responsibility on behalf of the Town to provide the infrastructure for the tenants and said this will provide a better opportunity to market the other buildings on the site.
Mr. Whitcomb said he has supported the Marconi Center, but feels CPA funds should be reserved for other things such as Affordable Housing which do not have other sources of funding. He also has concerns because of the struggling economy. Mr. Whitcomb feels that once a lease is signed, there will be more opportunities for fund raising. He said he doesn’t think this should be rushed and is concerned about the staff time needed to support the project. He felt the amount of the appropriation could be reduced since the State has approved an exemption from the prevailing wage laws.
Ms. Seldin said the Town has already invested monies into the property and it is important that the investment be protected by continuing to improve the properties at the MCI location. She described it as a Town treasure.
Ms. Seldin moved the Board of Selectmen vote to place this on the Special Town Meeting Warrant. Mr. Sussman seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Seldin moved the Board of Selectmen vote to recommend approval of this Article at the Special Town Meeting. Mr. Sussman seconded the motion.
There followed a lengthy discussion about the funding from the Marconi Center vs. Town spending and the anticipated savings from the prevailing wage exemption. Explanations of the funding resources and costs were provided by the Marconi Center President Mr. Bartlett and the Town’s consultant Mr. McClennen. It was noted there still needs to be more fund raising to be able to complete the project.
Mr. Summers said he has concerns similar to Mr. Whitcomb’s about the economy and the amount of the transfer. He said he would like to see the amount reduced.
Mr. Bergstrom said the Town needs to provide the infrastructure to make the buildings viable for other uses. He also noted the Board of Selectmen cannot change the CPA Article.
Mr. Hinchey said it has become apparent these buildings cannot be finished without subsidies based on Mr. Bartlett’s figures.
The Board voted three in favor of the motion to recommend approval, two opposed (Mr. Summers and Mr. Whitcomb). The motion carried.
Also during the discussion, it was noted that the original RFP’s stipulated only non-profit organizations could apply but at this meeting comments were made suggesting the Board of Selectmen may change their position on that provision. Mr. Hinchey suggested consulting with the Capital Projects Review Committee.
Special Legislation
Town Counsel Bruce Gilmore attended this meeting to introduce Article 3 which is a petition to the General Court to validate Charter amendments voted by Town Meeting as Article 21 of the May 2001 Town Meeting.
Mr. Gilmore explained that following the Town Meeting vote in 2001, the Town failed to place the amendments on the next Town election ballot as required by Massachusetts General Laws Chapter 43B, Section 11. This legislation is necessary to validate the Town Meeting vote.
Ms. Seldin moved the Board of Selectmen vote to place this Article on the Town Meeting Warrant. Mr. Whitcomb seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Seldin moved the Board of Selectmen vote to recommend approval of this Article to the Town Meeting. Mr. Whitcomb seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Hinchey said now that the Board of Selectmen has reviewed the Articles they could sign and close the Special Town Meeting Warrant. Mr. Whitcomb moved the Board of Selectmen vote to sign the Special Town Meeting Warrant. Ms. Seldin seconded the motion and the Board of Selectmen voted unanimously in favor.
NSTAR Request for Temporary Service
Karen Corriveau, the Right of Way Agent for NSTAR Electric Company, attended this meeting to request temporary rights to place 35’ of cable and conduit under Pleasant Street in Chatham. This will provide new service at 381 Pleasant Street. Temporary rights are being requested due to possible weather damage issues the home may sustain while the home has no power. She said a regular petition hearing will follow at a later date.
The Board of Selectmen discussed the process which NSTAR has been using to permit these underground conduits. Mr. Whitcomb pointed out the work is being done before permits are issued; noting NSTAR has not been cooperative at other times when the Town has made requests of them.
Ms. Corriveau said the contractors for underground conduits are supposed to be registered with NSTAR and this has not been happening.
Mr. John Goodrich, representing Rick Roy Construction, told the Board of Selectmen NSTAR has had a process in their manual but has not enforced it and there has been no communication from NSTAR to the contractors or electricians that a new process needs to be followed.
Mr. Hinchey suggested this process could be delegated to him and in turn to the DPW Director Jeff Colby.
Mr. Whitcomb moved the Board of Selectmen vote to delegate this authority and to have Mr. Hinchey notify NSTAR in writing. Ms. Seldin seconded the motion and the Board of Selectmen voted unanimously in favor.
Public Forum Policy Review
The Board of Selectmen had asked this be on the Agenda for further discussion. The Board members agreed this policy meets the needs they have been discussing.
Mr. Bergstrom noted the key points are not to bring up past debate, no personal attacks and no use of proper names if possible.
The Policy will be read before the Chairman calls for comments at public forum to remind speakers of the rules and the Chairman will diligently enforce the policy.
Town Meeting Banners
The Board held a discussion on where banners/signs should be located for Town Meeting announcements and what size they should be.
Mr. Sussman said the Board of Selectmen previously decided they did not want aerial banners but wanted signs to make voters aware of Town Meetings. The Board discussed sizes and locations for signs. Mr. Hinchey noted if a date is included, it will be more costly to replace signs for each meeting.
Mr. Hinchey will have staff work on models to be brought before the Board for their consideration.
Other Business
Mr. Bergstrom said he attended a meeting of the Barnstable County Human Rights Commission and was informed that Chatham does not have a representative. He asked for interested parties to submit applications to the Board of Selectmen.
Executive Session Land Acquisition and Contract Negotiations
Mr. Whitcomb moved the Board of Selectmen go into Executive Session with no public meeting to follow. Mr. Bergstrom announced the motion and polled the members. All voted to go into Executive Session.
The meeting adjourned at 6:40PM.
Respectfully submitted,
Ramona M. McDonald
Recording Clerk
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