1 of 10
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: February 10, 2004
Date of Transcription: February 11, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Chamberlain called the meeting to order at 7:05 P.M.
A. Roll Call
Selectmen Present: Cindy Chamberlain, Chairman
Patrick G. Tropeano, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Bruce Savaugeau
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
(NONE)
III. MEETING W/ CAMP, DRESSER & MCKEE
Present before the Board: Gerald Furrier, CDM
Mark Gifford, Municipal Maintenance Director
Mr. Furrier updated the Board on the following:
WPCF Upgrade:
- Progress has slowed due to weather & contractor staffing has been reduced.
- Piping, buildings, & masonry work ongoing.
- Concerned re: already at 62% budget & 58% schedule. Will be trying to advance
contractor’s schedule due to work falling behind.
- Operations staff has relocated so work can be done on the operations building.
- Lab will remain presently & will be isolated from construction area.
Briarwood Beach, Rose Point, & Beaver Dam Estates Sewer Project:
- Will be combining Briarwood Beach & Beaver Dam Estates as one project & Rose Point as another.
- Mapping & wetlands delineation completed.
- Will have to address individual grinder pumping units due to terrain in these areas.
- Discussed grinder units & installation.
Weweantic Shores Sewer Project:
- Contract awarded last fall.
- Contractor does not work through winter months.
- Work will commence in the spring.
- Construction will continue through spring & summer.
- Homeowners will be receiving a mailing discussing the project, services connections,
etc.
NPDES Permit:
- CDM has submitted a letter dated 2/4/04 on behalf of the Town re: the requirement to
submit an infiltration/inflow plan.
- Discussed Town’s five-year infiltration/inflow plan.
- Discussed information submitted re: plan.
- Discussed this requirement & why this information is important.
Discussion ensued re: use of sump pumps, for example, in the Weweantic Shores area & making sure this issue is presented to the public.
Selectman Pillsbury stated residents need to understand that in newly sewered areas or areas that will be sewered they do not need to install septic systems because this could create more problems. She stated they should be advised that waivers are being granted for failed septic systems.
Discussion ensued re: holding an informational meeting w/ residents of the Briarwood Beach, Rose Point, & Beaver Dam Estates sewer project. The Board concurred to hold said meeting prior to Labor Day. Mr. Furrier added that CDM is working/coordinating w/ the Wareham Water District on various matters pertaining to these projects.
Selectman Tropeano discussed the Change Order submitted for the WPCF upgrade. Mr. Furrier stated progress is being lost on this project due to the weather. He stated many items on the Change Order are management issues on the contractor’s part. He stated they are working towards fixing these issues. Selectman Tropeano expressed concern re: the percentage of work vs. percentage of budget to get too far apart. Mr. Furrier stated these percentages are approximate numbers & are not firm. He expressed concern re: not having too many Change Orders due to others errors.
MOTION: Selectman Tropeano moved the Board authorize the Chair to sign Change Order #5 in the amount of $50,183.26 re: the WPCF upgrade project. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
IV. AFFORDABLE HOUSING COMMITTEE PRESENTATION
Present before the BOS: Diane Cunningham, Chairman, COA Director
Marijoan Bull, AICP Principal Planner, SRPEDD
Charles Gricus, Member, Planning & Community Development
Director
Ms. Cunningham stated $30,000 was received to conduct a housing study & the committee has worked to present a draft plan to the BOS.
Ms. Bull proceeded to make a presentation re: Wareham housing strategy. (Information attached as reference).
Selectman Savaugeau stated based on the information presented, it shows that the Town hasn’t made a dent in affordable housing, even w/ 40B projects. Brief discussion ensued.
Ms. Cunningham addressed other members of the committee. (Attached as reference).
NOTE: The meeting proceeded w/ item VII. Licenses & Permits.
A. Hearing - Wareham Lodge of Elks, Robert Richard, Manager, 2855 Cranberry Highway, East Wareham for an Alteration of Premises License, under the provisions of Chapter 138 of the M.G.L.
Present before the BOS: Manuel Garcia
MOTION: Selectman Tropeano moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Mr. Garcia stated that the application has been submitted, but there is no building permit as of yet. He stated a supervisor’s signature is needed & will be getting this signature on Thursday, which will finalize the paperwork.
Mr. Garcia stated a 10x31 deck construction is proposed to have access to outside. He stated the deck will have a canopy, but there will be no access from the deck to the parking lot.
No one spoke in favor or against this application.
MOTION: Selectman Pillsbury moved to close the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve the application of Wareham Lodge of Elks, Robert Richard, Manager, 2855 Cranberry Highway, East Wareham for an Alteration of Premises License, under the provisions of Chapter 138 of the
M.G.L. contingent upon issuance of a building permit & favorable inspections. Selectman Savaugeau seconded.
VOTE: Unanimous (5-0-0)
B. Hearing - Application of Fonzie’s Diner & Gift Shop, Mary Wouters - Tirrell, Cranberry Highway, Wareham, for a Seasonal All Alcoholic Common Victualer’s License, under the provisions of Chapter 138 of the M.G.L.
Present before the BOS: Mary Wouters- Tirrell
MOTION: Selectman Tropeano moved to open the hearing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Ms. Wouters-Tirrell stated she only applied for a seasonal beer & wine license, not a seasonal common victualer license. She stated customers have been asking for beer & wine.
Selectman Pillsbury expressed concern that adding this license will change the nature of what Ms. Wouters-Tirrell has tried to do w/ this establishment.
Selectman Tropeano expressed concern re: the fact that there are already enough establishments on this strip of highway w/ alcohol licenses.
Ms. Wouters-Tirrell stated that she will be manager and will be going through TIPS training. She stated herself or a designee will always be on the premises at all times. She added that all employees dealing w/ the serving of alcohol would become TIPS certified. She stated wine & beer would not be in the museum section.
Ms. Wouters-Tirrell asked if there is a cap on what a person can drink. Chairman Chamberlain stated the TIPS trainer would give her options as to how to handle this matter.
No one spoke in favor or against this application.
MOTION: Selectman Pillsbury moved to close the hearing. Selectman Savaugeau seconded.
VOTE: Unanimous (5-0-0)
Discussion ensued re: concerns that this license will change the intent of the original idea for this establishment.
MOTION: Selectman Fernandes-Abbott moved the BOS approve the application of Fonzie’s Diner & Gift Shop, Mary Wouters- Tirrell, Cranberry Highway, Wareham, for a Seasonal All Alcoholic Common Victualer’s License, under the provisions of Chapter 138 of the M.G.L. Selectman Pillsbury seconded.
VOTE: (4-1-0)
Selectman Tropeano opposed
C. Show Cause Hearing - Brian M. Welch d/b/a Barnacle Bill’s Seafood, 3126 Cranberry Highway, East Wareham, to determine if the alcoholic beverages license issued should be modified, suspended, revoked, or canceled based upon alleged violations of M.G.L. c. 138, MA Code of Regulations & BOS policies.
Chairman Chamberlain stated this hearing would need to be rescheduled. The BOS concurred to reschedule this hearing until 3/23/04.
MOTION: Selectman Pillsbury moved the BOS continue the hearing of Brian M. Welch d/b/a Barnacle Bill’s Seafood, 3126 Cranberry Highway, East Wareham to 3/23/04. Selectman Tropeano seconded.
VOTE: Unanimous (5-0-0)
V. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Tropeano moved the Board approve invoice #80167837/31 from Camp, Dresser & McKee in the amount of $91,037.25 re: construction & O&M services for the WPCF upgrade project. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the Board approve invoice #80167838/17 from Camp, Dresser & McKee in the amount of $39,260.07 re: construction & O&M services for the WPCF upgrade project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the Board approve invoice #80164481/30 from Camp, Dresser & McKee in the amount of $57,453.35 re: construction & O&M services for the WPCF upgrade project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the Board approve payment estimate #1 from Delray Contracting, Inc. in the amount of $10,554.50 re: Wareham wastewater pump station improvements, Phase I. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
C2. Bond for Town Clerk.
MOTION: Selectman Tropeano moved the BOS accept the bond submitted by the Town Clerk for J. Friman. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
C3. Approval of minutes of previous meetings: 9/16/03, 12/2/03, & 12/16/03.
MOTION: Selectman Tropeano moved the BOS approve the Regular Session meeting minutes of 9/16/03 & 12/16/03. Selectman Pillsbury seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Tropeano moved the BOS approve the Regular Session meeting minutes of 12/2/03. Selectman Pillsbury seconded.
VOTE: (4-0-1)
Selectman Savaugeau abstained
VI. TOWN ADMINISTRATOR’S REPORT
1. Chapter 61A Policy. The policy adopted by the BOS on 9/3/02 has not worked out quite as well as anticipated. Admin. recommends that it be rescinded effective immediately. Staff is presently working on a new policy & Admin. will come back to the BOS in the future w/ a recommendation.
MOTION: Selectman Tropeano moved the BOS rescind Policy #02-7, Chapter 61A, §14, Notification, effective immediately. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
2. FY’04 2nd Half Sewer Usage Billing. The Board is asked to approve a commitment for 2nd half FY’04 sewer user fees in the amount of $1,018,374.80.
MOTION: Selectman Tropeano moved the Board approve the 2nd half FY’04 sewer user fees commitment in the amount of $1,018,374.80. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
3. Sawyer Street. In response to complaints re: Sawyer St., the Police Chief was asked to take a look at parking along the street. The Chief has determined that a safety situation exists & is requesting that the BOS take action to address the matter.
Currently, the street has a two-way traffic flow pattern & parking is allowed on the north side. Given the street’s average width of21.5 feet, it is not possible to accommodate traffic in both directions & parking is a safe manner. The chief is recommending two possible courses of action: prohibition of parking on the street or, in the alternative, make the street a one-way running from Main St. to High St.
Present before the BOS: Chief Thomas Joyce, Wareham Police Dept.
Chief Joyce discussed this matter. (Attached as reference).
Discussion ensued re: delineation of corners. Discussion ensued re: option of eliminating parking on this street.
MOTION: Selectman Tropeano moved the BOS make Sawyer Street a one-way running from Main Street to High Street. Selectman Pillsbury seconded.
VOTE: (3-1-1)
Selectman Savaugeau opposed
Selectman Fernandes-Abbott abstained
4. Sewer Extension Permit - Cromesett Landing. An application has been received for a sewer extension permit for Cromesett Landing. This project was submitted by Wanco Management, Inc. & consists of 36 single-family units. These houses are being built under a Comprehensive Permit granted by the Zoning Board of Appeals.
As the Board is aware, under the Town’s sewer expansion plan approved by DEP in 12/01, development of this site at this density was not anticipated & the Board should discuss capacity issues w/ CDM prior to taking any action.
Present before the Board: Nazih Elkalassi, Wanco Management, Inc.
Peter Freeman, Attorney
Brian Grady, GAF Engineering
Mr. Freeman stated that a comprehensive permit was given from the ZBA for this project. He stated the application for the sewer extension was filed 9/10/03 or 9/11/03.
Mr. Grady discussed memo from David Simmons. (Attached as reference). He stated it took approx. two years to obtain the comprehensive permit.
Selectman Pillsbury stated the Board needs to discuss this matter w/ CDM, specifically capacity issues at the plant. She stated although capacity issues have been discussed a number of times when planning for the upgrade of the plant, the capacity issues focused on a number of areas that are on the Town’s priority list approved by DEP to be sewered. She stated the Board needs to consult w/ CDM re: capacity issues if this project area being requested is connected to the system.
Admin. stated when the application for this particular project first appeared, capacity issues were raised as well as on other occasions. He stated the Board on 1/20/04 only received the extension application.
Mr. Freeman asked if the Board had concerns a while ago, why wasn’t this technical information or concerns brought forward by CDM or shared w/ the applicant. Admin. stated that the ZBA has stated from day one that the permit is not their permit; it is granted by DEP. He stated the
ZBA has said to anyone w/ a comprehensive permit, no extensions would be granted. Mr. Freeman disagreed & discussed. He stated the Board has a right to approve or disapprove this extension, with or without DEP approval. Selectman Savaugeau stated the Board is not putting its responsibility to DEP & the Board didn’t have to render a decision to the applicant when reviewed by the Board in June. He stated the file was incomplete. Mr. Freeman stated the Board & the ZBA said they would act in a timely fashion.
Mr. Elkalassi stated on 11/5/03 a meeting was held & a compliance list was given & the issue of capacity was not brought up at that time. He stated all the demands on the list have been met as put forward by all the boards involved. Admin. stated the list had items pertaining to the comprehensive permit & that is why the matter of capacity was not brought up at that time.
Mr. Elkalassi discussed other projects he has done in Town which have created employment & investment in the Town. He urged the Board to accept his sewer extension request based upon his contributions to the Town.
Selectman Savaugeau discussed the impacts to the Town that this project will have, for example, schools.
Mr. Freeman stated if the Board wishes to confer w/ CDM, their engineer can work w/ CDM & then a meeting can be rescheduled w/ the Board so that reports can be shared. Admin. stated that whatever CDM reports will be made public. Mr. Elkalassi asked if this information could be shared before a rescheduled meeting. Admin. stated that information can be obtained by 2/24/04.
Discussion ensued re: when to reschedule the meeting. Mr. Elkalassi stated he would be available to meet on 3/2/04.
VII. LICENSES & PERMITS
A. (Done)
B. (Done)
C. (Done)
D. Request of Lee Kelly, Wareham Auto Sales, 3054 Cranberry Highway, East Wareham, holder of a Class II License for an increase of autos on site plan.
Present before the BOS: Lee Kelly, Wareham Auto Sales
Mr. Kelly discussed his letter to the BOS dated 12/24/03. (Attached as reference). He stated cost of doing business has increased each year, the rent of the property has gone up, & it is hard to make a living w/ a 20-car capacity. He stated his lot could support 50 cars. (Plan attached as reference).
Selectman Pillsbury stated Mr. Kelly must mark out employee parking on the map. Selectman Tropeano stated that the handicapped parking spaces would have to be marked as well.
Mr. Kelly stated he would turn in his Class II License for his lot on Main St. if this request were granted. Brief discussion ensued.
MOTION: Selectman Tropeano moved the BOS grant the request of Lee Kelly, Wareham Auto Sales, 3054 Cranberry Highway, East Wareham, holder of a Class II License for an increase to 50 cars w/ the proviso that the Class II License held for the lot on Main Street be turned in. Selectman Savaugeau seconded.
VOTE: Unanimous (5-0-0)
VIII. ANNOUNCEMENTS
A. Town Meeting Warrant officially open.
B. 2/20/04 is the last business day to submit petition articles to the BOS Office for insertion into the April Town Meeting Warrant.
C. If anyone needs a C.A.R.T. reporter or a large print Warrant, please contact the BOS Office to request.
D. The Planning Board has an Associate Member vacancy. Interested applicants, please contact the BOS Office.
E. The Recycling Committee needs volunteers to man the recycling station on Wed. & Sat.
F. There will be a working BOS meeting on 2/17/04 & a regular meeting on 2/24/04.
IX. BUSINESS
A. Set dates for Special Town Meeting to be held on 4/26/04.
Selectman Tropeano read the process for calling the Special Town Meeting into the record. (Attached as reference).
Chairman Chamberlain read the notice for the Special Town Meeting into the record. (Attached as reference).
B. Any other sewer matters.
(NONE)
C. Zoning By-Law Rewrite Committee.
Present before the BOS: Charles Gricus
Anthi Frangiadis
Rich Taintor, Consultant
Ms. Frangiadis stated the committee has started the Zoning By-Law re-write process & have been meeting since July. She stated the committee found that the Town had a comprehensive plan w/out a map. She stated in order to move forward the committee needed to define a baseline plan to bring to the Spring Town Meeting, which would include the basic framework that can be built upon. She stated the committee would come to the Fall Town Meeting w/ a series of amendments. She stated that the article for the Spring Town Meeting would be to adopt a new Zoning By-Law.
Ms. Frangiadis introduced everyone on the committee.
Mr. Taintor stated the committee is trying to eliminate inconsistencies & bring the zoning up to State law levels. He stated the committee has started the first steps in the process & have kept substantive changes to a minimum while adding & deleting few things. Some of the changes are as follows:
1. Created two new zoning districts.
2. Created statements of purpose for zoning districts.
3. Created a table of use regulations.
4. Created a new groundwater protected overlay district.
5. Established design standards.
6. New section established titled Alternative Residential Site Development.
7. Revised common space requirements.
8. Updated table parking
9. Updated non-conforming uses.
10.Revised administrative section in many ways.
11.Revised fines for violations.
12.Revised site plan reviews.
Ms. Frangiadis discussed the implementation of the By-Law article in the summer.
Selectman Tropeano expressed concern w/ a 118-page document being presented at Town Meeting. He feels that this will be overwhelming to voters & feels it should be made available some how before Town Meeting. Chairman Chamberlain suggested the committee videotape a program that outlines changes & frequently asked questions to be made available to other committees, boards, etc. & to ComCast.
Brief discussion ensued.
D. Any other business.
(NONE)
X. SELECTMEN’S REPORTS
(NONE)
XI. ADJOURNMENT
MOTION: Selectman Tropeano moved to adjourn the meeting at 9:51 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 April 6, 2004.
Attest: Patrick G. Tropeano
Patrick G. Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: April 6, 2004
Date copy sent to Wareham Free Library: April 7, 2004
| 
