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Selectmen's Meeting Minutes 03/02/04
MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS

Date of Meeting: March 2, 2004
Date of Transcription: March 3, 2004
Transcribed by: Kelly Barrasso

I.              CALL MEETING TO ORDER BY CHAIRMAN

Chairman Chamberlain called the meeting to order at 7:00 P.M.

        A.  Roll Call

        Selectmen Present:      Cindy Chamberlain, Chairman
                                Patrick G. Tropeano, Clerk
                                Mary Jane Pillsbury
                                Renee Fernandes-Abbott
                                Bruce Sauvageau
                                                
        Present:                Michael Hartman, Town Administrator

II.             CITIZENS PARTICIPATION
(NONE)

III.            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:

        - Increasing staff on site to get back on track.
        - In the low 60% range for schedule & have spoken to management re: getting back on                track due to lost time this winter.
        - Project cost & change orders are w/in limits.

Weweantic Shores Sewer Project:

        - Contractor to start in mid-April w/ one to two crews & then increase to an additional
          two crews.
        - Discussed what crews will do, for example, lay piping, cleaning up, etc.
        - Will be overlay paving streets in spring of 2005.

        - Meeting w/ contractor tomorrow to get contact information for residents to include in
          informational flyer to be sent to residents.

Rose Point, Beaver Dam Estates, & Briarwood Beach Sewer Project:

        - Survey & mapping completed.
        - Layouts being conducted.
        - Met last Friday w/ SEA which is handling matters for the Water District so that both
          water & sewer project can be done in sequence.  The water project will start approx.
          two months later after sewer project for Rose Point.
        - The Water District will do the directional drilling under the river & CDM will work
          w/ them.
        - There has been no conversation w/ the gas co. per SEA, but SEA will inform CDM
           when they have spoken to the gas co.

Discussion ensued re: working w/ the gas co. so that project costs could be reduced.

Discussion ensued re: submission of SRF loan funding & where money given throughout the State this year will go.

Infiltration/Inflow Plan:

        - Language in NPDES permit includes requirement of an I/I program.
        - CDM will develop a short/long-term plan for achievable steps to enact an I/I plan.
        - Will bring draft to Board, possibly in 4/04.

Cromesett Landing Project  - Request for Sewer Extension:

        - Reviewed plans for sewer extension.
        - Discussed proposal of project, the request made, & what it would encompass.
        - Flows of the development projected is between 10,000 & 15,000 gallons per day, which
          is consistent w/in the Comprehensive Wastewater Plan.
        - The Comprehensive Wastewater Plan identified needs areas & existing flows.
        - Cautioned Board re: other sewer extensions that would take up capacity at the plant
          that was promised to the needs areas.
        - Discussed amount of pipe line in the project area.
        - Gravity filters & other matters can be considered for the increase in flows.
        - This connection/extension request would consume approx. 1%-3% (depending on what
           flow method is utilized) of the capacity reserved for the established 12 needs areas.
        - This development area was not part of the management plan established.

Discussion ensued.
        - Discussed build-out that was assumed in the management plan based on density.
        - In the 12 established needs areas, looking at full build-out.
        - With re: to commercial property, a small percentage was made for small commercial
           & industrial flow (approx. 5%).
        - This connection/extension request becomes a capacity issue because only a small
          percentage of the plant’s capacity was reserved for additional flow, other than the 12
             needs areas.
        - Hook ups here & there were allowed for, but not extensions to new areas.


Discussion ensued.
        - Growth was a factor when discussing & establishing the management plan & the
           agencies involved spoke re: capacity causing excessive growth.
        - Most of the 12 areas chosen had low chance of growth.

Discussion ensued re: the development’s expansion request & if DEP approval would be needed to include this new development w/ in the sewer systems connection/expansion.  Mr. Furrier stated if this connection is allocated now, the allocation of capacity for the remaining 12 areas might not be there in the future.

Mr. Furrier stated he would forward his comments re: this request to the Admin. in writing.  Brief discussion ensued re: the Weweantic Shores project.

Mr. Gifford stated there is a need to set a date for the next WPCF Upgrade Committee.

IV.             DISCUSSION W/ DAVID WLUCKA

Present before the BOS: David Wlucka, Real Estate Agent

Mr. Wlucka stated he represents a family that owns 300+ acres off Glen Charlie Rd.  He stated someone had approached the family last year entertaining the thought of a casino gambling site.  He stated he came before the BOS & asked them if there was interest in exploring this idea.  He stated in 2/04 he received a call from the BOS stating that the BOS was going to put a non-binding referendum question on the ballot re: this issue.  He stated he was concerned of this because there would be a question in which there were no answers yet, thus making a question pre-mature at this time.

Mr. Wlucka asked the BOS not to put a question on the ballot until there is something on the table for the BOS to consider.

V.              CONSENT AGENDA
(NONE)
VI.             TOWN ADMINISTRATOR’S REPORT

1.  Sewer Connection Request - Pond St.  A request has been received for a house connection on Lots 64 & 65 on Pond St.  David Simmons has reviewed the plan.

A betterment was never assessed for this property & a Sewer System Development Charge (SSDC) will therefore be assessed in the amount of $2,057.86.  If this connection is approved, there are several conditions that should be attached to that approval.

MOTION: Selectman Tropeano moved the Board approve the connection for Lots 64 & 65 Pond St. to the Town’s sewer system, subject to the following conditions:


Payment of all fees shall be paid when the sewer connections permit is applied for.
The owner will be responsible for all costs incurred for the sewer connection from the house to the manhole in the street.
A licensed drain-layer in the Town of Wareham will make the service connection & the WPCF dept. will perform the inspection for the sewer connection & installation.
The necessary road opening permits must be obtained from the Town.

                Selectman Sauvageau seconded.

VOTE: Unanimous (5-0-0)

2.  Chapter 61A - Lots 1-17 (Inclusive) - Tihonet Pond South.  A Notice of Intention to Sell was received for Lots 1-17 Tihonet Pond South, which is off Farm to Market Rd., Wareham under Chapter 61A s. 14 for residential use.  The appropriate depts. have acknowledged that they have indeed received proper notification in compliance w/ the statute.

MOTION: Selectman Tropeano moved the BOS vote to not exercise & waive its option to purchase Lots 1-17 Tihonet Pond South, off Farm to Market Rd, under Chapter 61A s. 14 & authorize the Chair to sign a declination letter on behalf of the BOS.  Selectman Pillsbury seconded.

VOTE: Unanimous (5-0-0)

3. Liquor Law Violation.  Recently, the Wareham Police Dept. conducted a liquor license compliance check of four establishments’ pouring licenses.  At Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar, an under-aged agent purchased a bottle of beer.  A letter was sent to the manager, Jacqueline Hoban, informing her that a violation occurred on 2/13/04.

The BOS will need to schedule a show cause hearing.  

MOTION: Selectman Tropeano moved for the BOS to hold a show cause hearing for Kaimo Corp. d/b/a Shooters Restaurant & Sports Bar for a violation of the Town’s liquor law policy.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

4.  LIP Participation.  The LIP project between the Town & Cornerstone Properties has fell through & the Planning Board has voted to deny this permit.

Discussion ensued re: the plan at the last minute was changed (items were taken off the table) by Cornerstone Properties.

        MOTION: Selectman Tropeano moved the BOS rescind its participation w/ the LIP known as Hunter Estates & that the Chair send a letter stating the BOS’s vote.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

        NOTE:   Discussion ensued re: the demolition activity at the Oak Grove School.

VII.            LICENSES & PERMITS

A.  Hearing - Application for earth removal permit by G.A.F. Engineering on behalf of G. Lopes Construction, Inc., 565 Winthrop St., Taunton, MA.

MOTION: Selectman Tropeano moved to open the hearing.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

Chairman Chamberlain stated the G.A.F. engineer was unable to attend tonight’s meeting.

MOTION: Selectman Tropeano moved to continue the hearing until 3/9/04.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

B.  Hearing - Application for alteration of premises - Assinippi Liquors, Inc., 3 Barker Rd., East Wareham, MA, an existing year-round package goods all alcoholic beverages license, under the provisions of Chapter 138 of the MA General Laws for the year 2004.

Present before the BOS: Frederick Armstrong, Attorney
                                Dan Cooney

MOTION: Selectman Tropeano moved to open the hearing.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

Mr. Armstrong displayed & discussed the map of the proposed alterations, which will include a Dunkin Donuts.

Chairman Chamberlain discussed Chapter 138 & the description of premises requirement & although this building will be demolished, under Chapter 138 this is the required method of proposing alterations.

Mr. Armstrong stated that Dunkin Donuts would be a lessee of the building portion they will utilize.  He discussed the square footage change of the allocated area for the sale of beer & wine.

The audience was asked if anyone wished to speak for or against the application.

Present before the BOS: Don Lovell, D.J. Lane

Mr. Lovell asked re: the establishment’s hours of operation & if there was to be a fence behind the building that abuts his property on D.J. Lane.  Mr. Armstrong stated the hours of operation would stay the same.

Mr. Lovell expressed concern re: the noise created by the Dunkin Donuts drive-thru, which will be directly behind his home.  He inquired about the cooling units for the building & where they will be located due to noise issues.  Chairman Chamberlain stated these are questions that should be put before the Planning Board.

Mr. Lovell expressed concern over the trash that he picks up everyday that is generated from this establishment.

Mr. Armstrong stated there would be a row of plantings for screening around the property, but no fencing is proposed.  He stated the drive-thru for Dunkin Donuts would open at 5:00 A.M.

Mr. Cooney stated that the cooling units will be at ground level, but fenced off.

MOTION: Selectman Tropeano moved to close the hearing.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

MOTION: Selectman Tropeano moved the BOS approve the application of Assinippi Liquors, Inc., 3 Barker Rd., East Wareham, MA for an alteration of premises license, under the provisions of Chapter 138 of the MA General Laws for the year 2004.  Selectman Sauvageau seconded.

VOTE: Unanimous (5-0-0)

VIII.           ANNOUNCEMENTS  (NONE)

IX.             BUSINESS

A.  Close Annual Town Meeting Warrant.

The BOS members proceeded to review the Annual Town Meeting Warrant & the articles.

MOTION: Selectman Tropeano moved the BOS close the April 2004 Annual Town Meeting Warrant & to authorize the Admin. to make re-numbering changes, correct scribner errors, & to remove fix Article 23.  Selectman Fernandes-Abbott seconded.

VOTE: Unanimous (5-0-0)

B.  Any other sewer matters.
     (NONE)

C.  Any other business.

1.  County Farm Estates.

Selectman Tropeano stated that County Farm Estates proposed subdivision has submitted plans & a number of items should be sent to the Planning Board.  He stated a response is needed by 4/10/04.  He stated this subdivision could be problematic.

Chairman Chamberlain stated she would not be involved w/ this process because a family member sold this property.

2.  SRPEDD Meeting.
Chairman Chamberlain stated she attended the recent SRPEDD meeting.  She stated the bid opening for the Main Ave. bridge project in Onset has been delayed until 3/23/04.  She stated the original designer has been fired & they have hired another.  She stated once the design is complete then the bids will be opened.  She stated after that, the bid will be awarded & work on the bridge will commence in May.

Discussion ensued re: safety issues that will occur due to the closure of the bridge when work commences, for example, passage of safety vehicles.

3.  MBTA Transportation.

Chairman Chamberlain stated that there are two State members on the Transportation Committee trying to forward criteria for various things.  She stated the criteria looks like it favors Boston projects & cuts Wareham out.  She discussed further.  She suggested the Town keep in touch w/ New Bedford & Fall River re: their proposed railway project.

X.              SELECTMEN’S REPORTS

1.  Selectman Pillsbury - Stated the BOS held a meeting this afternoon to discuss the issue of placing a non-binding referendum question on the ballot & to discuss its wording.  She stated the question deals w/ the dissolution of the Wareham & Onset Water Districts.

NOTE:Attorney Freeman, representing the Cromesett Landing project approached the BOS.  He stated that last week he was told to attend tonight’s meeting re: this project.  He stated that he submitted a letter last week to Mr. Hartman requesting records under the Public Disclosure Acts.  He discussed Mr. Hartman’s response.  He submitted this request letter to the Board & Admin.  He stated he obtained a previous CDM report.

                Attorney Freeman gave a brief history of this 40B project, which resulted in
                receipt of a comprehensive permit for 36 units, but the ZBA would take no action
                on the sewer connection/extension request.  He stated thus, the request has come
before the Board.  He stated if the Board does not agree to this extension, it would have to go to trial.  He stated as he understands, the issue w/ the Board is whether a DEP component is required.  He discussed briefly.

Selectman Pillsbury stated that CDM made a report this evening.  Attorney Freeman discussed what was said at last week’s meeting.  He stated he spoke to an attorney at Kopelman & Paige that said CDM would be presenting its report at the hearing for Cromesett Landing this evening.  Chairman Chamberlain stated that CDM was here to give the Board a monthly update & that CDM will submit written comments re: the Cromesett Landing request at the Board’s 3/9/04 meeting.

XI.             ADJOURNMENT

MOTION: Selectman Tropeano moved at 8:40 P.M. to enter into Executive Session for the purpose of discussing strategy relative to collective bargaining.  Selectman Fernandes-Abbott seconded.

                POLLED VOTE:    Selectman Fernandes-Abbott - Yes
                                        Selectman Pillsbury - Yes
                                        Selectman Tropeano - Yes
                                        Selectman Chamberlain - Yes
                                        Selectman Sauvageau - Yes

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 March 23, 2004.

Attest: Patrick G. Tropeano

        Patrick G. Tropeano, Clerk
        BOARD OF SELECTMEN

Date signed: March 23, 2004.
Date copy sent to Wareham Free Library: March 24, 2004.