MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: June 15, 2004
Date of Transcription: June 16, 2004
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Tropeano called the meeting to order at 7:01 P.M.
A. Roll Call
Selectmen Present: Patrick G. Tropeano, Chairman
Bruce Sauvageau, Clerk
Mary Jane Pillsbury
Renee Fernandes-Abbott
Selectman Absent: Cindy Chamberlain
Present: Michael Hartman, Town Administrator
II. CITIZENS PARTICIPATION
(NONE)
III. CONSENT AGENDA
C1. Authorization to sign bills, documents, etc.
MOTION: Selectman Sauvageau moved the Board approve & authorize the Chair to sign payment estimate #4 to Delray Contracting, Inc. in the amount of $149,507.20 re: the Wastewater Pump Station Improvement Project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the Board approve & authorize the Chair to sign an invoice from Methuen Construction Co. in the amount of $718,163.65 re: the Wareham WPCF Project. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the Board approve payment estimate #1 from Celco Construction Corp. in the amount of $297,109.56 for the period of 5/1/04 through 5/30/04 re: the sewage works improvements pertaining to the Weweantic Shores Sewer Project. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #80176723/36 from Camp, Dresser & McKee in the amount of $33,726.64 re: the Wareham WPCF Upgrade Project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #80177727/3 from Camp, Dresser & McKee in the amount of $17,314.66 re: the Weweantic Shores Sewer Project. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
MOTION: Selectman Sauvageau moved the Board approve invoice #80176724/21 from Camp, Dresser & McKee in the amount of $25,258.89 re: construction & O&M services for the Wareham WPCF Upgrade Project. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #80154342/8 from Camp, Dresser & McKee in the amount of $1,573.25 re: engineering services to provide NPDES permit technical support. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #80176193/4 from Camp, Dresser & McKee in the amount of $5,516.96 re: bidding, permitting, & construction services for the Weweantic Shores Sewer Project. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the Board approve an invoice from Kopelman & Paige for professional services through 5/31/04 in the amount of 19,995.09. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
MOTION: Selectman Sauvageau moved the Board approve invoice #WARHMTCO2 from Bailey & Witten, LLC in the amount of $4,568.25 re: legal professional services. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
C2. Approve minutes of special meeting on 5/18/04.
MOTION: Selectman Sauvageau moved the Board approve the special joint meeting minutes between the WPCF & the Board held on 5/18/04. Selectman Pillsbury seconded.
VOTE: (3-0-1)
Selectman Sauvageau abstained
C3. Appointments to various boards & committees:
A. Constables.
MOTION: Selectman Sauvageau moved the Board appoint the following individuals as Constables for the Town of Wareham to terms to expire 6/6/05: Mathers, Candel, Columbo, Follis, Cannon, Tinkham, Disezo, & Tirrell. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
B. Community Preservation Committee.
MOTION: Selectman Sauvageau moved the Board appoint Michael Ponte (from the Conservation Commission) as an associate member to the Community Preservation Committee to a term to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
C. Cable Advisory Committee.
MOTION: Selectman Sauvageau moved the Board appoint Steven A. Ruiz as a member to the Cable Advisory Committee to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
D. Council on Aging Board of Directors.
MOTION: Selectman Sauvageau moved the Board appoint Myrna Ryan & Dennis Allen as members to the Council on Aging Board of Directors to terms to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
E. Minot Forest Committee.
MOTION: Selectman Sauvageau moved the Board appoint Marjorie Teitelbaum as a member to the Minot Forest Committee to a term to expire 6/30/09. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
F. Wareham Historical Commission.
MOTION: Selectman Sauvageau moved the Board appoint Susan Pizzolato as a member to the Wareham Historical Commission to a term to expire 6/30/07. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
NOTE: The meeting proceeded w/ item V. Licenses & Permits - A. Permit request for use of sidewalk at 205 Onset Ave., Onset, MA, R.T. Myers & Sons, Co.
Present before the Board: Mr. Myers
Mr. Myers stated he is working on a building at 205 Onset Ave. that consists of demolition & asbestos removal. He stated scaffolding is needed to reach the higher stories on the front of the building. He stated he only needs approx. one or two more weeks to finish this project, starting on Monday, June 21, 2004.
Discussion ensued re: letter from Chief Joyce pertaining to this project. (See attached).
Selectman Pillsbury stated that this project would have to be done by the Fourth of July weekend. Mr. Myers stated that then, weather permitting could do the project.
Discussion ensued re: if the scaffolding being used allows for pedestrians to walk under. Brief discussion again ensued re: Chief Joyce’s letter.
MOTION: Selectman Sauvageau moved the Board’s approve the application of R.T. Myers & Sons, Co., 76 Olympia Rd., Marshfield, MA for the use of sidewalk to remove debris from 205 Onset Ave., Onset, MA from 8:00 A.M. to 5:00 P.M. Monday through Friday starting 6/21/04 through 6/30/04 subject to a covered walkway be constructed in front of the building to allow for unabridged foot traffic under the scaffolding & the interior walkway should be illuminated w/ sufficient lighting to present a clear & safe passage. Selectman Fernandes-Abbott seconded.
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
VOTE: Unanimous (4-0-0)
NOTE: The meeting proceeded w/ an update from CDM re: the Weweantic Shores Sewer Project.
Present before the Board: Gerald Furrier, CDM
Jim Broder, CDM, Senior Resident Project Director
Mr. Furrier introduced Mr. Broder as the Senior Resident Project Director for the Weweantic Shores sewer project.
Mr. Broder updated the Board on the project’s status. He stated that Hathaway St. has had its sewer lines installed up to the end of Tim’s Point Rd. He stated finished paving has been completed & will start testing the lines tomorrow. He stated work on other side streets would commence next. He stated everything is going according to plan & the contractor is doing a good job.
Brief discussion ensued re: holding a public meeting for the Briarwood Beach, Rose Point, & Beaver Dam Estates sewer projects. Mr. Furrier stated he will start coordinating this meeting w/ the Board, Administrator, & the Municipal Maintenance Director. Administrator suggested holding two separate meetings for the two separate projects & issues related to both. The Board concurred.
Mr. Furrier briefly discussed how the design plans for these projects are coming along.
NOTE: The meeting proceeded w/ item VII. Business - B. Vote to affirm designation of administrative assistant as an agent of the local licensing authority.
MOTION: Selectman Sauvageau moved the Board affirm, acting in its capacity as the local licensing authority, its designation of Barbara A. Ford, Administrative Assistant to the Board of Selectman, as an agent of the Board, under the provisions of M.G.L. c.138, s.63A. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
NOTE: The meeting proceeded w/ item VII. Business - Wareham Auto Sales - request for waiver to submit certified plot plan to ZBA.
Chairman Tropeano stated that Wareham Auto Sales is asking for a waiver to submit a certified plot plan to the ZBA. He stated that Wareham Auto Sales gave up their lot on Main St. & moved the whole business to the site on Cranberry Highway. He believes this request for waiver is legal under the statute.
The Board members concurred to discuss this matter later in the meeting.
NOTE: The meeting proceeded w/ item VI. Announcements - A. The Annual Swan Festival will be held on Saturday, June 19, 2004 w/ a rain date of Sunday, June 20, 2004.
IV. TOWN ADMINISTRATOR’S REPORT
1. Bid Award - Main St. Sidewalk Reconstruction Project. Two bids were received for the Main St. Sidewalk Reconstruction Project. At the recommendation of Mark Gifford, Administrator Has
awarded the bid to the low bidder, LAL Construction Co., Inc. of Fall River, w/ the total amount of the bid being $295,423.00.
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
2. Surplus Vehicles & Equipment. Asked of the Board to declare the items on the received report as surplus. This step is necessary in order to dispose of these items through a formal bid.
MOTION: Selectman Sauvageau moved the Board declare as surplus the vehicles & equipment listed on the surplus report to allow for their disposal through a formal bid. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
3. Order of Taking. The Board is asked to approve the Order of Taking for the property at Swifts Beach Rd. & Wankinco Ave., Assessors Map 50B, Lot B-3. This is the second parcel that was approved for taking at the Spring Town Meeting.
MOTION: Selectman Sauvageau moved the Board approve the Order of Taking for Lot B-3 on Assessors Map 50B, Swifts Beach Rd. & Winkinco Ave., Wareham. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
4. Change Order Form #8, WPCF Upgrade Project. This Change Order, in the amount of $50,575.42 is for the following: Fire alarm loop ($30,658.01); addition of existing septic tank #1 & #2 to SCADA ($12,284.35); modification of drawings GD-E-3C & FL-E-2 ($4,294.48 CREDIT); conflict 6” FIL & Glycol lines ($3,146.71); new electrical room ($7460.42); & backflow preventor @ existing blower building ($1,320.41).
MOTION: Selectman Sauvageau moved the Board approve & authorize the Chair to sign Change Order #8 for the WPCF Upgrade Project in the amount of $50,575.42. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
V. LICENSES & PERMITS
A. Done.
B. Hearing - Show cause hearing to determine if a Year Round Common Victualer All Alcoholic Beverages License issued to Tomato & Basil, Inc. d/b/a Tomato & Basil, Brian Burkhead, Manager, 3136 Cranberry Highway, East Wareham, MA should be modified, suspended, revoked or cancelled based upon violation of M.G.L. c.138, s.64, to wit: violation of M.G.L. c.138, s.12 & 20 CMR 2.05.
Present before the Board: Brian Burkhead, Tomato & Basil
Michael Mayberry, Tomato & Basil
Attorney Kelleher, Representing Tomato & Basil
Lt. Irving Wallace, Wareham Police Dept.
Officer Michael Smith, Wareham Police Dept.
Officer James White, Wareham Police Dept.
MOTION: Selectman Sauvageau moved to open the hearing. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
Chairman Tropeano swore in the individuals who will testify.
Lt. Wallace proceeded to question Officer Smith. Officer Smith identified himself & stated he was on duty at 2:38 A.M. on 5/8/04 conducting routine patrols of local business checks. He stated at this time he observed four vehicles parked in Tomato & Basil’s parking lot. He stated he shined the
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
spotlight into the building & observed a female at the bar w/ a drink in her hand. He stated he continued searching the building w/ the spotlight & came to the bar area again & observed a male standing there w/ no shirt on. He stated he pulled up to the side door & approached the door. He stated he knocked several times & there was no response. He stated the door was locked. He stated he radioed the police station & Officer Iacobucci arrived at the scene. He stated they both proceeded to look in all the windows & knock on all doors. He stated he then contacted Officer White, the assigned dispatcher at the police station & requested he call the business establishment. He stated Officer White called the establishment, the phone rang, but there
was no answer. He then requested Officer White call the business owner & advise the owner of what was going on. He stated he was told the owner was contacted, advised of the situation, & the owner would not be coming out to the establishment.
Attorney Kelleher proceeded to question Officer Smith. Officer Smith stated he searched the entire building w/ a spotlight & saw a female w/ a drink in her hand. He stated shortly after, he observed both the female & a male. He stated he checked the license plates of the vehicles in the parking lot. He stated that he didn’t see where the two people went inside the building. He stated he did not see the female drinking & did not know what the female had for a drink.
Lt. Wallace proceeded to question Officer White. Officer White stated that he was the assigned dispatcher at the Police Dept. on 5/28/04 at 2:45 A.M. He stated he was notified that Officers’ Smith & Iacobucci observed several people inside a closed business. He stated Officer Smith requested that he attempt to call the business. He stated he did as requested & there was no answer. He stated Officer Smith then requested he attempt to notify the key holder to see if anyone was supposed to be in the building. He stated he called the listed primary key holder, Brian Burkhead. He stated he told Mr. Burkhead that officers were at the establishment & that there were several people inside. He stated he asked Mr. Burkhead if he was aware of anyone inside the
building at this time of night. He stated Mr. Burkhead stated that his partner could be inside. He stated he told Mr. Burkhead that when the officers approached the door, two parties ducked down out of sight. He stated he asked Mr. Burkhead if his partner would duck from the police inside the building. He stated Mr. Burkhead said, “he might”. He stated he asked Mr. Burkhead if he could drive to the business & open the door. He stated Mr. Burkhead said that he would not drive to the location & open the door. He stated Mr. Burkhead then thanked him for calling & ended the conversation. He stated he then advised Officer Smith that Mr. Burkhead would not be coming out to the location.
Selectman Pillsbury asked Officer Smith if he saw the people duck when he knocked on the windows. Officer Smith stated when he pulled up the people were there & when he went to the back of the building they were not there. He stated he could not determine what the drink was because he could not get into the building.
Selectman Sauvageau asked Officer Smith if there were signs of a break-in. Officer Smith stated no that he didn’t see any. He stated there was four vehicles at the establishment & all but one were registered to Mr. Burkhead. He stated the other vehicle was an employee’s, but there were two people inside.
Mr. Burkhead stated that the employees were conducting liquor inventory downstairs & could not hear the police.
Selectman Sauvageau asked Mr. Burkhead if he asked the dispatcher if there was any damage to the property. Mr. Burkhead stated the dispatcher only asked who was in the building. He stated he didn’t ask if there was any damage to the property.
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
Attorney Kelleher called Mr. Mayberry to testify. Chairman Tropeano swore Mr. Mayberry in.
Attorney Kelleher proceeded to question Mr. Mayberry. Mr. Mayberry stated he is 29 years old, works at Tomato & Basil, & is also works in masonry. He stated on 5/8/04 he was at the establishment conducting liquor inventory w/ another employee. He stated they did see police driving through. He stated the other employee then went to the bathroom. He stated they didn’t try to avoid the police & they didn’t duck. He discussed how the police drive around businesses doing checks. He stated after he was upstairs, he went back downstairs to continue the inventory. He stated at some point, he looked at his cell phone & then left the building. He stated he didn’t hear the phone ring or the police knocking while he was downstairs.
Lt. Wallace questioned Mr. Mayberry. Mr. Mayberry stated that he was later told by Mr. Burkhead, the police had been at the establishment to see what was going on.
Selectman Sauvageau questioned Mr. Mayberry. Mr. Mayberry stated that Mr. Burkhead’s wife had asked him (Mr. Mayberry) if he could do the inventory. He stated he did have his shirt off because it was hot & he is not aware if this bothered the other female employee or not.
Selectman Sauvageau said Officer Smith had stated that Mr. Mayberry was standing next to the bar area near a window. Mr. Mayberry stated he was not at the bar. Selectman Sauvageau asked how the officer was able to see him? Mr. Mayberry stated he most likely saw him near the side door exit. He stated the officer saw him through the window while the officer was in his car. He stated he thought the officer was driving around the building w/ his spotlight. He stated he then went downstairs & didn’t watch what the police did next.
Lt. Wallace asked Mr. Mayberry what time he left. Mr. Mayberry stated he left at approx. 3:00 A.M. Lt. Wallace stated the officers were there past 3:00 A.M. Mr. Mayberry stated he could not give an exact time when he left, but he stated there were no police around when he left.
Chairman Tropeano read M.G.L. c.138, s.63A into the record.
Attorney Kelleher stated Mr. Mayberry didn’t think anything of the police coming around the building & he didn’t think anything was wrong when he saw the police patrolling the area.
Mr. Kelleher questioned Mr. Burkhead. Mr. Burkhead stated he received a call on 5/8/04 from the police asking if anyone was in the building. He stated he said it could be his partner. He stated he was asked why his partner was walking away from the spotlight. He stated he was asked if he wanted to come down to open the building. He stated he told the police that he was home w/ a sick baby & was very tired. He stated if the police had stated there was any damage done, he would have come down.
Selectman Pillsbury asked Officer Smith if Mr. Mayberry was in sight when he was knocking on the window(s). Officer Smith replied “No”. Officer Smith stated as he approached the door, the male & female disappeared.
Selectman Sauvageau asked Mr. Burkhead if, after he spoke to the police, did he speak w/ Mr. Mayberry re: the event. Mr. Burkhead stated he called Mr. Mayberry on his cell phone & left a
message. He stated he didn’t call police back to tell them it was his partner because he only left his partner a message. He stated he spoke to Mr. Mayberry the next day. He stated he didn’t contact police after this to tell them what went on because he didn’t think there was a problem.
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
Mr. Mayberry stated he was unaware of any violation of the law. He stated if he had known the police were having a problem he would have had the police come in or called them.
Mr. Burkhead stated the police didn’t let on that there was any investigation going on or there was any hindering going on.
Lt. Wallace asked Mr. Burkhead if the police asked him to come down & open the building. Mr. Burkhead replied, “Yes” & stated he didn’t come down to open the building.
Attorney Kelleher stated that the officer stated he saw two people from his car & when he approached the building he could no longer see them when he approached the door. He stated Mr. Mayberry & Mr. Burkhead is sorry any of this has happened & will not allow anyone to work there at night anymore.
Chairman Tropeano feels Mr. Burkhead should have gone down to the building after the police called. Mr. Burkhead apologized for his judgment that night.
MOTION: Selectman Sauvageau moved to close the hearing. Selectman Pillsbury seconded.
VOTE: Unanimous (4-0-0)
Selectman Sauvageau stated he understands that the phone call to Mr. Burkhead from the Police Dept. was at a late hour, but he feels Mr. Burkhead should have called the Police Dept. the next day to discuss what took place & who was at the establishment so to alleviate the problem. He feels this matter could have easily been resolved. He also feels that Mr. Burkhead should have been more concerned w/ what was going on at his establishment.
MOTION: Selectman Pillsbury moved the Board find Tomato & Basil, Inc. d/b/a Tomato & Basil, Brian Burkhead, Manager, 3136 Cranberry Highway, East Wareham, MA in violation of M.G.L. c.138, s.63A, 204 CMR 2.05, & Selectmen’s Policy 88-14A. Selectman Sauvageau seconded.
VOTE: Unanimous (4-0-0)
Selectman Pillsbury feels it is a big problem when people don’t let police into an establishment. She stated she has to believe the police tried diligently to raise someone in the establishment & that the follow-up w/ Mr. Burkhead was not good.
MOTION: Selectman Pillsbury moved the Board issue a letter of reprimand & a three-day suspension of the liquor license held by Tomato & Basil, Inc. d/b/a Tomato & Basil, Brian Burkhead, Manager, 3136 Cranberry Highway, East Wareham. Selectman Sauvageau seconded for discussion.
NOTE: Selectman Sauvageau stated he is most concerned re: the violation of the liquor license & public safety.
Selectman Fernandes-Abbott feels a three-day suspension is too harsh. She stated someone who serves minors gets a three-day suspension. Selectman Sauvageau agreed that the suspension is harsh, but hopefully it will send a message.
Chairman Tropeano stated he has a problem w/ a three-day suspension. He stated something did occur, but he is not sure all the facts are irrefutable.
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
Selectmen Pillsbury & Sauvageau withdrew their motions.
MOTION: Selectman Fernandes-Abbott moved the Board issue a letter of reprimand & a one-day suspension of the liquor license held by Tomato & Basil, Inc. d/b/a Tomato & Basil, Brian Burkhead, Manager, 3136 Cranberry Highway, East Wareham. Selectman Tropeano seconded.
VOTE: (3-1-0)
Selectman Sauvageau opposed
VI. ANNOUNCEMENTS
(DONE)
VII. BUSINESS
A. 40B projects - To be discussed later in the agenda.
B. Vote to affirm designation of Administrative Asst. (Done)
C. Wareham Auto Sales - Request for waiver to submit certified plot plant to ZBA.
Discussion ensued. The Board concurred that the ZBA has to grant the waiver, thus this matter should be given back to them.
D. Adopt Infiltration & Inflow Plan & policy.
Present before the Board: Gerald Furrier, Camp, Dresser & McKee
Mr. Furrier presented the plan & policy to the Board. (Information attached as reference)
Mr. Furrier discussed charging fees. He discussed the policy framework & dollars per day per gallon age that could be charged. Discussion ensued.
Discussion ensued re: existing dwellings, connections, expansions, & modifications to the draft policy.
Attorney Witten discussed non-sewer areas, criteria for buying-in, & 40B projects paying their way into the plan.
Selectman Pillsbury suggested Attorney Witten review the policy & suggest criteria to add in. She stated she would not want to create a situation where someone can just buy his or her way in. The Board members concurred to have Mr. Witten review the criteria.
Discussion ensued re: what numbers to use.
MOTION: Selectman Pillsbury moved the Board accept the numbers as presented by CDM for the Infiltration/Inflow Plan including the addition of FY05 in place of #2 & #4. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (4-0-0)
NOTE: The meeting proceeded w/ item VII. Business, A. Discussion of two proposed 40B projects: Fairways at Bay Pointe Country Club & Rock Marsh Village.
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
Present before the Board: Attorney Robert Devin, Representing Onset Partners, LLC
Attorney Witten, Representing Town of Wareham
Robert Minicheielli, Onset Partners, LLC
Mr. Delpeco
Mr. Gunnarson
Attorney Devin briefly discussed the Fairways at Bay Pointe Country Club project. (Attached as reference). He stated the plans & application were submitted to the Board prior.
Attorney Witten stated the applicant has triggered a comment period for the Board before packet from the applicant can be given to MA Housing. He added that the input procedure has become more important to MA Housing.
Chairman Tropeano stated the Board received a letter stating that this was a 61B issue & the applicant intends to take it out of 61B. Attorney Devin stated only the land to be developed will be coming out of 61B. He stated this constitutes approx. 15 acres. He stated all the land would not be taken out of 61B, only the land to be developed. He added that a portion of the land will be sub-divided & only 15 acres of land will be developed. He stated the whole site is approx. 150 acres & 15 acres will be sub-divided.
Attorney Witten stated that issues w/ 61B could be dealt w/ through the Board of Appeals process. He stated at this time the Board needs to organize their comments to MA Housing.
Selectman Sauvageau stated as he understands, this project will consist of 28 affordable units at a price of $171,323 each. He stated the formula is based on regional numbers, which is tied into the Boston area. Attorney Devin discussed how the formula works. Discussion ensued re: the 80% median dealing w/ condo fees & taxes. Discussion ensued re: preliminary estimates being presented.
Chairman Tropeano discussed the plan submitted on 4/23 showed the purchase price of the property at $4,500,000. He stated on the recent plan submitted the purchase price of the property is listed at $5,165,000. Mr. Minicheielli discussed the purchase price. Attorney Devin stated the Board should refer to the purchase & sale agreement. He discussed the purchase price rate vs. market rate units. He again suggested the Board look at the purchase & sale agreement for the accurate purchase price.
Attorney Devin stated the units would be dedicated senior units & there is a possibility to make some of the unit’s handicapped accessible. Mr. Minicheielli added that all the units would be age-restricted units.
Selectman Pillsbury expressed concern re: what this project will do to the golf course? She feels the density of the project is extreme. She discussed how the application speaks of building a hotel. She questioned where a hotel would be placed on the property? Mr. Minicheielli stated that a hotel would be placed on the upper pavilion & the existing building would be torn down. Attorney Devin stated the development of a hotel is separate from this 40B project. He stated a hotel would have to be directed under current zoning. He stated the overall property will change, but it will not change the golf course. Mr. Minicheielli added that the golf course would be fixed up.
Selectman Pillsbury stated if a hotel were placed on the property it would render the Town property useless. She feels this goes back on discussions that have taken place previously. Administrator stated having met w/ Mr. Minicheielli several times & had requested that he build a hotel first
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
before other projects. Mr. Minicheielli stated that a hotel doesn’t come first for things to work.Selectman Sauvageau questioned why this project has to be a 40B project. He stated there would be costs to the Town for this project, such as infrastructure, sewer, water, etc. Mr. Minicheielli stated there would be no municipal costs to roads, for example. Discussion ensued re: sewer usage & how this project would feed into the Town’s sewer system. Selectman Pillsbury stated this would require a sewer extension & the plant does not have the capacity for this type of build-out. She stated this type of development was never planned for w/in the “needs plan” of the plant.
Attorney Devin proceeded to discuss the Rock Marsh Village project. (Information attached as reference).
Discussion ensued re: the extreme concerns the Board has w/ this project.
Attorney Devin stated that the density of the project is consistent w/ densities approved under 40B. The Board concurred that they are appalled & offended by this project application. Selectman Fernandes-Abbott stated that this is another project that will require a sewer extension.
Selectman Pillsbury discussed some of the percentages stated for land use. She expressed concern, for example, that the applicant is counting the units’ yards as open space.
Selectman Sauvageau feels this project & the previous project discussed are providing nothing to help the community.
Mr. Minicheielli chose to depart at this time.
A citizen from the audience suggested setting up a citizens group to become involved w/ these types of project.
D. Any other business.
1. Cranberry Court.
Selectman Fernandes-Abbott stated that the Cranberry Court 40B project eligibility letter has been received. She feels this is one of the best projects she has seen in a long time.
MOTION: Selectman Fernandes-Abbott moved the Board enter into a friendly 40B project discussion w/ re: to Cranberry Court. Selectman Sauvageau seconded.
NOTE: Brief discussion ensued re: the positive aspects of the Cranberry Court project.
VOTE: Unanimous (4-0-0)
VIII. SELECTMEN’S REPORTS
1. Selectman Pillsbury - Stated that w/ re: to Wareham Auto Sales; it is the ZBA’s call pertaining to the waiver & she doesn’t want the ZBA to think the Board necessarily feels that Wareham Auto Sales should get the waiver. Brief discussion ensued.
IX. ADJOURNMENT
SELECTMEN/SEWER COMMISSIONERS MINUTES 06-15-04 – (CONT’.)
MOTION: Selectman Pillsbury moved to adjourn the meeting at 9:50 P.M. Selectman Sauvageau seconded.
VOTE: Unanimous (4-0-0)
Respectfully submitted,
Kelly Barrasso
Kelly Barrasso, Transcriptionist
The foregoing minutes were submitted to the Board of Selectmen/Sewer Commissioners for their approval on July 20, 2004.
Attest: Bruce Sauvageau
Bruce Sauvageau, Clerk
BOARD OF SELECTMEN
Date signed: 7/20/04
Date copy sent to Wareham Free Library: July 21, 2004
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