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CPA Minutes 03/16/06
EASTHAM COMMUNITY PRESERVATION COMMITTEE


Meeting:        March 16, 2006

Attendance:     Glenn Collins, Cheryl Gayle, Martin McDonald, Sue Horton, Elizabeth                     Simmons, Peter McDonald, Kathryn Sette, Dianne O'Neill, David J.                        Skiba, Sheila Vanderhoef, Town Administrator, all of the Finance                                Committee, Donald Intonti and Robert Smith, audience

The meeting was called to order by Glenn Collins to discuss the proposed Community Preservation Committee warrant articles with the Finance Committee.  Lisa Radke as Chairperson of the Finance Committee suggested that all warrant articles be presented by the Community Preservation Committee and that the Finance Committee would discuss later.  Glenn Collins started with Articles II through VI insofar as there was to be discussion on Article I.  

CPC members discussed the manner by which the Community Preservation Act was funded and Article II regarding the Open Space Trails project, Article III regarding the cemetery project, Article IV regarding the Schoolhouse Museum restoration, Article V regarding administrative funds, and Article VI regarding the allocation of CPA resources.

With regard to Article I,  the Eastham Housing Authority through a letter dated March 13, 2006  voiced opposition to the conversion of the former gas station to Community Housing. The opposition is based primarily on the potential liability for health claims, the uncertainty of the overall project costs, and the intensity of use of the Route 6 location.  David Schropfer of the Finance Committee asked whether there was a total cost of the project and about the $45,000.00 Cape Cod Commission grant to help fund the proposal.  CPC members acknowledged that the total cost of the project is unknown at this time.  Sheila Vanderhoef, Town Administrator, stated that two or three other funding sources will be necessary and that Town Counsel had redrafted the proposed warrant article.  The redrafted article included the words "to borrow" and CPC members concurred that "borrow" should not be part of the warrant article.  
        The pros and cons including the issues raised by the Eastham Housing Authority were discussed in great detail.  Sheila Vanderhoef as Town Administrator indicated the following:  that Town Counsel provided information regarding development of "brownfields" projects; that the Town will not sign onto the project until answers are known; that grants seem to be available only for conversion of existing structures to housing (as opposed to new construction or open space); that if funding is not obtained through the CPA, the Town Administrator is committed to pursue the project through other sources; that the property is stated to be clean insofar as two clean water results have been obtained; that the liability issue would be one which the Town is capable of handling; that Town insurance is available to protect the Town with regard to liability; that  scrubbers  are working on the property to complete the cleaning process.

Russell French of the Finance Committee stated that the total cost of the project should be known and asked about the existing building.  Sheila Vanderhoef stated that the building would stay in place and that there would be an addition to the building to accommodate the five (5) one-bedroom units.  David Schropfer indicated that money is what is needed to make this project work.  Ruth Katzmann and Judith Cannon, both of the Finance Committee, asked about the potential liability of a gas spill site.  

Donald Intonti, a neighbor, indicated that there are fourteen (14) test wells in the vicinity and that DEP has told him that his well is fine.  His son who also owns in the vicinity apparently has a well that is good.

After considerable discussion including the concerns of the Eastham Housing Authority relative to the potential liability of using a gas spill site for residential housing and the unknown costs of the total project, Kathryn Sette moved and Elizabeth Simmons seconded that the CPC continue to support the proposal for the five (5) affordable housing units.  All CPC members in attendance voted in favor of the motion to continue support.  

The Finance Committee also voted in favor of all six (6) Articles.

The CPC members continued with discussion of the changes to the six (6) warrant articles proposed by Town Counsel and it was agreed that the conditions of Article I for the gas station conversion should be retained in some fashion.  Sheila indicated that the original article by CPC was too restrictive so after much discussion whereby both Sue and Glenn indicated that CPC input should be reflected in the article, the following revision for Article I was proposed for discussion with Town Counsel at the next meeting on March 22, 2006, at 5:30 p.m.
        Revised Article I.  To see if the Town will vote to authorize the expenditure of Community Preservation Act funds for the purpose of assisting the Town of Eastham in converting and expanding the former Neighborhood Gas Station at 1035 State Highway (owned by the Estate of John Carroll containing .46 acres of land with the building thereon shown as Lot 4 on Land Court Plan 15122E as noted on Certificate of Title 78965) to five (5) one-bedroom affordable rental units as a Community Housing project and to authorize the release of Community Preservation Act funds in the amount of $300,000.00 to the Board of Selectmen such that $150,000.00 of said sum shall go toward the lien release held by the Massachusetts Department of Environmental Protection within 18 months of this Town Meeting upon a satisfactory potable water certification, with the balance to be expended by the Town Administrator under the direction of the Board of Selectmen in pursuit of securing title to the premises, obtaining all grants necessary to complete the project, obtaining all permits including  those under Massachusetts General Laws Chapter 40B and the State Sanitary Code known as Title V,  obtaining an affordable housing deed restriction meeting the requirements of General Laws Chapter 184, Sections 31 through 33, and completing the project,  or to take any other action relative thereto.

With regard to Article II, the CPC voted to insert as the purposes the term "preservation and identification" and to insert in all funding articles the language "to authorize the Board of Selectmen, in consultation with the Community Preservation Committee, to enter into a grant agreement with the applicant".  With regard to Article VI, the CPC wanted Town Counsel to understand that the CPC seeks the authority to spend funds later in the fiscal year as well as in subsequent years.  

Prior to the close of the meeting Cheryl asked David to ask the Eastham Housing Authority to reconsider its vote based on the consideration of the questions by the Community Preservation Committee and the Finance Committee.  David acknowledged that he would present the matter at the next Housing Authority meeting.  

                                                Respectfully submitted,



                                                David J. Skiba