MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: March 9, 2004
Date of Transcription: March 10, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Chamberlain called the meeting to order at 7:02 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. UNIFORMED SERVICES EMPLOYMENT & REEMPLOYMENT RIGHTS ACT
Present before the BOS: David Martin, MA Committee for Employer Support of the Guard & Reserve
Mr. Martin stated he is one of 80 volunteers that work w/ employers & communities to help the guardsmen/women & reservists. He proposed a document for the BOS to sign, which shows support & caring for those from Wareham that are serving in the military or will be called up shortly. He briefly discussed the importance of the guard & reserves & the importance for towns & employers to understand their obligations & legal acts & responsibilities towards their employees that are in the guard or reserve. He submitted the document for the BOS to sign.
Selectman Tropeano read the statement of support into the record.
MOTION: Selectman Tropeano moved the BOS authorize the Town Administrator to sign the statement of support supplied by Mr. Martin. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
IV. WAREHAM VILLAGE ASSOCIATION - PRELIMINARY ON SWAN FESTIVAL
Chairman Chamberlain stated that this meeting would be rescheduled.
V. ZONING BY-LAW REWRITE COMMITTEE
Present before the BOS: Chuck Gricus, Town Planner
Mr. Anthony Scarsciotti, Committee member
Mr. Gricus stated a summit meeting would be held on 3/18/04 at 7:00 P.M. in the library re: a review of the proposed Zoning By-Law.
Discussion ensued re: the printing of the proposed By-Law in the newspaper & concerns w/ this due to its size.
Mr. Gricus stated the summary sheet attached to the By-Law document summarizes changes made. He discussed the different venues in which this document will be shown, for example, on the Town’s website, mini-summits, an OPL presentation in April, etc.
MOTION: Selectman Tropeano moved the BOS place the proposed Zoning By-Law document in the April 27, 2004 Special Town Meeting Warrant. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
VI. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Tropeano moved the BOS approve invoice from Kopelman & Paige for professional services through 12/31/03 in the amount of $8,366.04. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VII. TOWN ADMINISTRATOR’S REPORT (NONE)
VIII. LICENSES & PERMITS
A. YMCA 5K Road Race - Special Event application for permit to use Town roads for 2nd annual road race.
Present before the BOS: Rebecca McCullough, YMCA
Tom Gelson, Road Race Director
Ms. McCullough explained the event. She submitted new flyers for the YMCA to the BOS members.
Mr. Gelson stated last year’s road race had 250 participants & this year he anticipates approx. 400. He stated the route would be the same as last year.
Brief discussion ensued re: if the Dummy Bridge repairs will interfere w/ the race.
Chairman Chamberlain discussed what MA Highway suggested.
Brief discussion ensued re: the event costs to be paid to the Town for the event. Admin. stated the YMCA has been provided an estimate of costs.
MOTION: Selectman Tropeano moved the BOS approve the application of the Wareham YMCA/YMCA Southcoast for use of Town roads to hold a 5K road race on May 2, 2004 @ 10:00 A.M. & to authorize the closure & use of East Blvd. for the road race. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: Ms. McCullough stated that the kayak challenge will be held on 8/15/04 & the YMCA should be opening its doors on 8/30/04.
B. Hearing - Tabled from 3/2/04 - Application for earth removal permit by G. Lopes Construction, Inc., 565 Winthrop St., Taunton, MA.
Present before the BOS: Bill Madden, GAF Engineering
MOTION: Selectman Tropeano moved to remove this hearing from the table. Selectman Sauvageau seconded.
VOTE: Unanimous (5-0-0)
Mr. Madden stated he is present representing Lopes Construction, Inc. He stated the lot numbers of the property & submitted the green return receipts to the BOS.
Mr. Madden stated an earth removal permit is needed for the purpose of removing 493,000 yards of material from the site. He discussed the following:
1. Site location.
2. Existing features of the site.
3. Prior earth removal.
4. Pick up of grade & elevation levels.
5. Suggested use of the property.
6. Zoning is industrial.
7. Buffer zoning around property lines.
8. Site will be finished w/ 15,000 yds. topsoil & seed.
9. A berm will be constructed across the southerly portion of the property line to maintain drainage.
10.Will use existing access road & doesn’t anticipate any problems w/ MA Highway.
Mr. Madden displayed maps of what the site would look like w/ re: to slopes. He discussed the proposed access to the property w/ re: to truck traffic.
Brief discussion ensued re: how many trucks there will be per day. Mr. Madden stated that the more trucks used, the faster the project will go. He stated it is ultimately up to the BOS how many trucks can be utilized.
BOS members expressed concern re: they believe this site is zoned strip commercial, not industrial. Mr. Madden stated he checked the zoning several times & it is industrial.
Mr. Madden discussed potential impacts this project will have on the surrounding area. He discussed dust control & the height of several berms, which will reduce noise.
Mr. Madden stated there is no formal plan for building as of yet, but there are many uses under industrial zoning. He added that there would be no impacts from water.
Selectman Sauvageau expressed concern re: the size & number of trucks that will be utilizing this road for one or more years due to the impact to the roadway. He asked what the economic value of the material to be hauled out would be. Mr. Madden stated approx. $500,000 or more. He stated that it is glacial till material. He stated there would be no municipal impact to the road because the roadway is under MA Highway control & if there were repairs to be made it would be the contractor’s responsibility.
Discussion ensued re: if a bond has been submitted. Mr. Madden stated a bond is prepared to be submitted once this application is granted.
Chairman Chamberlain stated that due to the scope of this project, the site needs to be reviewed by staff & the Town Engineer.
No one spoke for or against this application.
Chairman Chamberlain stated that the Town would need written permission from the property owner to access the property.
MOTION: Selectman Tropeano moved to continue this hearing to a date to be scheduled by the Chair so that appropriate staff can review the property. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: A recess was taken at 7:45 P.M. The meeting resumed at 8:04 P.M.
The meeting proceeded w/ item V. Zoning By-Law Re-Write Committee.
Present before the BOS: Kenneth Ferreira
Mr. Ferreira discussed the reason for the Zoning re-write was to create a framework for future years. He stated the new framework would be easier to use & understand, the By-Law will be updated to reflect current State regulations, & establishes a framework for future revisions. He discussed the following provisions included w/in the By-Law & any changes:
1. Article 1 - General Provisions
2. Article 2 - Zoning Districts
3. Article 3 - Use Regulations
4. Article 4 - Overlay Districts
5. Article 5 - Supplemental Regulations
6. Article 6 - Density & Dimensional Regulations
7. Article 7 - Design Standards & Guidelines
8. Article 8 - Alternative Residential Site Development
9. Article 9 - Parking
10.Article 10 - Landscaping
11.Article 11 - Signs
12.Article 12 - Performance Standards
13.Article 13 - Nonconforming Uses, Structures, & Lots
14.Article 14 - Administration
15.Article 15 - Site Plan Review
16.Article 16 - Definitions
Mr. Ferreira stated this new language would not go into effect until the close of the 2004 Fall Town Meeting in October to give everyone a level of comfort w/ the new format & also grant the Committee & residents an opportunity to comment on this language & assist the Committee in drafting amendments. He stated public hearings would be held this summer for this purpose.
Chairman Chamberlain thanked Mr. Gricus & the Committee for their hard work on this endeavor.
NOTE: The meeting proceeded w/ item VIII. Licenses & Permits - Application of Wanco Management for a sewer extension permit for the Cromesett Landing project.
Present before the BOS: Attorney Peter Freeman
Attorney Witten, Town Counsel
Nazih Elkallassi
Bill Madden, GAF Engineering
Mr. Freeman stated he received CDM’s comments on this project. (CDM comments attached as reference).
Mr. Elkallassi discussed the comments made by CDM pertaining to manholes. He briefly discussed manhole issues as mandated by the Sewer Dept. He stated the manholes are waterproof, thus he disagrees w/ this CDM comment.
Mr. Elkallassi discussed the 12 established needs areas. He discussed how CDM assessed the lots, some of which are not buildable. He discussed the subdivision he was involved in named Bay View Estates & how this subdivision would have been assessed if utilizing CDM’s assessment method.
Mr. Elkallassi stated under the current By-Law there would be 18 units at Cromesett Landing. He stated that 1% consumption is a small percentage until the year 2020.
Selectman Tropeano asked if CDM decipher 18 lots w/in this plan. Admin. stated that CDM indicated that additional connections or “in-fill” development of existing lots w/in the current service area was assumed to be minimal primarily due to the high level of current build-out.
Chairman Chamberlain read CDM’s comments on this project into the record.
Selectman Tropeano discussed inflow w/ re: to people who use their system to dump their water into.
Mr. Elkallassi stated he has no problem w/ the conditions stated in CDM’s letter.
Selectman Sauvageau stated irrespective of the capacity of the 18 units, Mr. Elkallassi wants to build 36. Mr. Elkallassi stated that is correct.
Selectman Sauvageau stated he understands the flow issues & the actual units. He stated the issue is that the Town’s Comprehensive Wastewater Management Plan (CWMP) restricts the Board to sewer the 12 needs areas, irrespective of buildable lots & extending the sewer line. He stated the Board is following what is mandated w/in the plan re: flow capacity. He stated the Town is expending $24 million to upgrade the sewer plant. He stated the extension of lines alone is $8 million, which means an increase in commitment & cost to the community. He stated he understands what Mr. Elkallassi is looking for, but the CWMP indicates 12 needs areas that need sewer & the plan indicates that the Town should not exceed or add excessive growth to the system. He stated the system is
at issue. He stated the line would have to be pushed down & place other areas out of order. He stated there are specific projects to be done in order.
Selectman Sauvageau discussed points made in the environmental impact report & read portions of the MEPA certificate into the record. Mr. Freeman discussed executive orders made in MA, such as affordable housing. He stated the Planning Board could have given Mr. Elkallassi permission to extend the sewer line under the approved comprehensive permit, but they chose to have the Board do it instead. He stated most Master Plans don’t take affordable housing into account.
Selectman Pillsbury discussed the frustration of executive orders the State passes down. She stated she respects Mr. Elkallassi & what he is trying to do, but she feels as a Board of Sewer Commissioner she needs to adhere to the CWMP that was established.
Chairman Chamberlain discussed the Housing Committee’s report to the BOS that indicated, not a need for two or three bedroom homes, but the need for elderly housing & housing for single people. She feels the Town is already overflowing w/ affordable housing.
Chairman Chamberlain asked Mr. Freeman how he would feel if for years his area had been promised sewers & development upon development infringed on this under the guise of 40B, & these developments get sewers before his area does. Mr. Freeman responded.
Mr. Elkallassi stated he would come up w/ $25,000 for the Inflow/Infiltration program so not to impact the 12 needs areas. Selectman Sauvageau stated this couldn’t be done based on all the information opposing deviating from the CWMP.
Mr. Witten stated the CWMP is a contract between the Town & DEP. He stated the contract couldn’t readily be dismissed. He stated if it were to be changed, DEP would have to be involved. He doesn’t believe the Board can independently alter this contract piece by piece.
Selectman Tropeano asked if Mr. Elkallassi is willing to fund the gallons to replace, then why can’t this be done. Mr. Witten stated the issue is 40B. He stated if this were a market project then it could be done, but 40B is more complicated. He stated allowing one applicant to deviate from the CWMP would create problems in the future.
Selectman Fernandes-Abbott expressed concern re: normal build-out. Mr. Witten stated the CWMP didn’t account for additional projects. He stated if 18 units were accounted for under the CWMP (as the parcel lies), then it may be approved. Mr. Freeman disagreed.
Selectman Pillsbury again expressed that this decision is not something the Board can do on its own.
Selectman Tropeano stated the Board sent a letter to DEP w/ re: to moving Rose Point up on the 12 needs area schedule. He asked if this isn’t the same as asking DEP if this project being discussed can be done & then DEP can respond. Selectman Sauvageau feels it is the Board’s responsibility & they should stick w/ the SWMP that was developed.
MOTION: Selectman Pillsbury moved that the Board of Selectmen, acting in its capacity as Sewer Commissioners, vote to deny without prejudice, the application for permit for sewer system extension for the Cromesett Landing subdivision, as submitted by GAF Engineering on behalf of Wanco Management, Inc. & further, according to credible testimony from the Town’s wastewater engineering consultant, Camp, Dresser & McKee, Inc. a vote by the Sewer Commissioners to approve this sewer extension would jeopardize the Town’s ability to satisfy previous commitments for sewer extensions identified in the Town’s Comprehensive Wastewater Management Plan; as this plan was approved & endorsed by the Dept. of Environmental Protection, the Sewer Commissioners do not believe they are authorized to overrule
the Plan nor capable of determining the risks associated w/ ignoring priority areas identified w/in the Plan & these risks include, but are not limited to claims for regulatory taking damages, fines & penalties assessed by DEP &/or the US Environmental Protection Agency for violations of the Clean Water Act, & further, the applicant should not infer by this vote the absolute prohibition on future connections to the sewer system, rather, this vote denies connection to the system at the present time & as noted by CDM, a reevaluation of the CWMP by the Town or DEP may provide opportunities for sewer connection at some point in the future. Selectman Sauvageau seconded.
VOTE: (4-1-0)
Selectman Tropeano opposed
IX. ANNOUNCEMENTS
A. 3/15/04 is the last day to submit petition articles to the BOS office for insertion in the Special Town Meeting Warrant.
B. The Wareham Housing Committee will be hold two public meetings on 3/25/04 to address housing needs in Wareham. The first meeting will be held at 10:00 A.M. in the Multi-Service Center & the second meeting will be held at 7:00 P.M. at the library.
C. The Wareham Alumni Chicken Bake will be held on 3/13/04 at Redmen Hall.
X. BUSINESS
A. Dissolution of Water/Fire Districts.
Selectman Tropeano stated he has received many calls from panicked residents re: the ballot question dealing w/ dissolution of the Water/Fire Districts. He stated many feel the BOS should not have put this on the ballot, but he disagrees. He feels the BOS should set up a meeting w/ the Districts to start discussing this issue. He feels the BOS did the right thing by offering the citizens of the Town the opportunity to discuss & decide on this issue. He would like people to work together.
Selectman Fernandes-Abbott asked if the BOS wants to hold a dialog prior to the election. She asked if this is the Board's responsibility to put information out to the voters. She feels the reason why this was put on the ballot was to get the feelings of the citizens. She stated she is not willing to act on this matter until the election is held & the results are in. She stated after that, then the BOS can move forward.
Selectman Tropeano disagreed. He feels that information should be provided because misinformation could be passed around & people may make uninformed decisions at the election.
Selectman Pillsbury stated she understands Selectman Tropeano’s position, but she feels there may not be enough time to dispel rumors before the election.
XI. SELECTMEN’S REPORTS
(NONE)
XII. ADJOURNMENT
MOTION: Selectman Tropeano moved to adjourn the meeting at 9:30 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 Tropeano, Clerk
BOARD OF SELECTMEN
Date signed: April 6, 2004
Date copy sent to Wareham Free Library: April 7, 2004.
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