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Selectmen's Meeting Minutes 10/27/03
MINUTES OF JOINT MEETING OF SELECTMEN/SEWER COMMISSIONERS & OPEN SPACE COMMITTEE

Date of Meeting: October 7, 2003
Date of Transcription: November
Transcribed by: Kelly Barrasso

I.              CALL MEETING TO ORDER BY CHAIRMAN

Chairman Chamberlain called the meeting to order at 5:15 P.M.

        A.  Roll Call

        Selectmen Present:      Cindy Chamberlain, Chairman
                                Patrick Tropeano, Clerk
                                Mary Jane Pillsbury
                                Renee Fernandes-Abbott
                                Patrick G. Tropeano

        Also Present:           Michael Hartman, Town Administrator
                                Ted du Moulin, OSC
                                Nick Memoli, OSC
                                Ed Pacewitz, OSC
                                Ann Campbell, OSC
                                Donald Hall, OSC

II.             DISCUSSION RE: OPEN SPACE & RECREATION PLAN 2003-2008

Discussion ensued re: the action plan.  

Discussion ensued re: objective dealing w/ water matters.  Selectman Pillsbury discussed the upgrade of the sewer plant, sewering areas of the Town, & protecting watershed areas.  Discussion ensued re: sewer priority areas that have been designated by DEP & the Board of Health.  Lengthy discussion ensued re: the Open Space Committee’s suggestion for zoning & sewers around watershed areas & BOS concerns.

Selectman Savaugeau feels this plan circumvents what the real intent of what an open space plan is all about.  Mr. Memoli discussed what was included in the old open space plan re: sewers in watershed areas.  Discussion ensued.  The BOS agreed upon the objective, but expressed concerns re: actions pertaining to that objective.

Brief discussion ensued re: the roles of the Board of Sewer Commissioners & Board of Health.

Discussion ensued re: objective for a five-year plan, which is already in place.

Discussion ensued re: objective for a temporary moratorium on building in watershed areas & the fact that there is an article on the Warrant pertaining to this.  
Discussion ensued re: that there is no such thing as a temporary moratorium on acceptance of building plans.

Discussion ensued re: objective for four acre zoning & changes that can be made to this objective, for example, changing it to three acre zoning.

Discussion ensued re: objective for building in watershed, waterway, river, and estuary etc. areas relative to sewers.  Lengthy discussion ensued re: the aquifer, potential building over the aquifer, nitrogen issues, & studies performed in Montana pertaining to nitrogen issues.

Discussion ensued re: 40B matters.  Admin. stated it has been confirmed through the Attorney General’s office that 40B projects are exempt from moratoriums & building caps.

The Open Space Committee discussed their proposed two-year moratorium.  The BOS expressed their concerns re: this proposal & lengthy discussion ensued.  Discussion ensued re: the fact that the zoning By-law will be amended by the moratorium & there will be a 90-day wait period for Attorney General’s response.

Admin. stated there are ways for the Open Space Committee to get what they want w/out doing a By-law or a moratorium.  He stated the Planning Board & the Board of Health have the authority to promulgate rules & regulations, which could be put into effect 60 days from now.  He feels the Open Space Committee should be focusing on this, not a moratorium.  Discussion ensued.

Mr. Nemoli discussed the Town’s growth problems over the past ten years & Makepeace’s move to freeze plans on certain properties.  Admin. stated once a By-law is made it is very difficult to change.  He stated that the State has now granted regulatory boards extraordinary powers to adopt things through their rules & regulations.  He stated adoption of rules & regulations takes 60 days.

Brief discussion ensued re: nitrogen removing septic systems.  Discussion ensued re: the proposed BDOD.

Brief discussion ensued re: the fact that the BOS needs to approve the Open Space Plan before enactment.

Discussion ensued re: percentage used on page 83 of the plan.

Discussion ensued re: land over the aquifer, protecting the aquifer, & purchasing land over the aquifer for open space.
Discussion ensued re: the middle article on page 83 & the fact that it is illegal w/ re: to jet skis on waterways.  The Open Space Committee agreed to strike the first paragraph on this article & to research this matter.   Discussion ensued.

The BOS stated they would be fine w/ the action recommended on page 84 as long as the name A.D. Makepeace Co. is stricken from it.  Brief discussion ensued.

Discussion ensued re: action plan for review of all tax title parcels & that this action is already in place.

Discussion ensued re: two items on page 86 that are appropriate items for the zoning By-law & they should be additional sections to the By-law.

Discussion ensued re: proposed objective on page 88 pertaining to develop Wareham resident access improvement plan for coastal waters & proposed action to research acquisition right of way to provide residential access to coastal waters.

Brief discussion ensued re: the multi-purpose bike trail & that this issue is still active on SRPEDD’s plan.

Discussion ensued re: item 3C pertaining to recreation areas, maintenance, & safety by, for example Municipal Maintenance Dept., lifeguards, etc.  The BOS stated that this would need to include review by FinCom & Town Meeting because these are budgetary issues.

Brief discussion ensued re: the Westfield recreation area & having no means to maintain this property.

Brief discussion ensued re: the Open Space Committee attending another BOS meeting to discuss their article & to review changes to the Open Space Plan.

III.            ADJOURNMENT

MOTION: Selectman Tropeano moved to adjourn the meeting at __________ P.M.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)


Respectfully submitted,

Kelly Barrasso
Kelly Barrasso, Transcriptionist

The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on 10/27/03.

Attest: Patrick G. Tropeano
        Patrick G. Tropeano, Clerk
        BOARD OF SELECTMEN

Date signed: 10/27/03
Date copy sent to Wareham Free Library: 10/28/03.