MINUTES OF MEETING OF SELECTMEN/SEWER COMMISSIONERS
Date of Meeting: March 7, 2006
Date of Transcription: March 10, 2006
Transcribed by: Kelly Barrasso
I. CALL MEETING TO ORDER BY CHAIRMAN
Chairman Sauvageau called the meeting to order at 7:00 P.M.
A. Roll Call
Selectmen Present: Bruce Sauvageau, Chairman
Mary Jane Pillsbury, Clerk
Renee Fernandes-Abbott
Cindy Parola
Brenda Eckstrom
Present: Michael Hartman, Town Administrator
II. CAMP, DRESSER & MCKEE UPDATE
Present before the Board: Michael Guidice, CDM
Mark Gifford, Municipal Maintenance Director
Mr. Guidice updated the Board on the following:
WPCF:
- Construction update – Punch list items 97% complete.
Mr. Guidice stated when the weather improves painting & landscaping will be done. Record drawings are in the process of being completed & the field edits have been made. There is no longer a full-time CDM person on-site.
- Schedule up-date – Methuen Construction to be completed 4/06.
Weweantic Shores Sewers:
- Contract closeout/Record drawings.
- Approx. 50% of homes connected.
Rose Point Sewers:
- Construction update – Leonard/Donald/Deane area & Canedy area: Services being installed now.
- Approx. 25% of mainline sewer installed.
- Wet weather/road conditions.
Mr. Guidice stated that the material that was placed on Donald St. has been removed & replaced w/ material that CDM deems meets the specifications identified. He feels this new material should remedy the situation.
Briarwood Beach/Beaver Dam Estates Sewers:
- Easements recorded at Registry of Deeds.
- DEP authorization to issue Notice to Proceed – 3/3/06.
- Town issued Notice to proceed 3/6/06.
- Start construction 3/06.
New Sewer Areas:
- Cost design, permitting costs, SRF support for Town Meeting for the seven remaining areas.
Infiltration/Inflow Program:
- Draft final report to Town 3/06.
- Phase II investigation scope/costs for Town Meeting.
Rate Study:
- Evaluate implications of conversion from EDU to water use basis.
- Received water consumption data from Wareham Fire District.
- Received sewer billing/financial data from Town.
- Awaiting data from Onset Water District.
Selectman Parola asked if CDM is content w/ the 50% connection in the Weweantic Shores area. Mr. Guidice stated “yes” & due to weather conditions, this is a good percentage.
Selectman Parola asked what will be investigated in Phase II of the I & I Program. Mr. Guidice stated Phase I showed no excess amount of infiltration. Phase II will identify possible inflow sources using smoke testing which he discussed briefly.
Selectman Fernandes-Abbott inquired re: nitrogen & phosphorous level numbers. Mr. Guidice indicated as of 1/06, the nitrogen levels are at 5.7% vs. 8.5% the same time last year & similar reductions in phosphorous levels. When the other part of the system is turned on in the near future, the numbers should continue to go down.
Mr. Gifford stated that a pre-construction meeting would be held on 3/13/06 re: the Briarwood Beach/Beaver Dam Estates project. A meeting will be held w/ the Conservation Commission on 3/15/06 re: this project as well. A meeting was held today between RJV, Conservation Commission, & CDM to discuss dewatering issues which is a large component of this project.
Mr. Gifford informed the Board that there is one last invoice due to Methuen Construction Co. re: the WPCF upgrade, but it won’t be brought forward until the company has completed the project 100%.
Selectman Eckstrom briefly discussed the bad material utilized on Donald St. & asked that CDM keep on top of the issues during the Rose Point sewer project.
III. CITIZENS PARTICIPATION
Present before the Board: Joan Brighton, Agawam Beach
Ms. Brighton asked if the Board received her letter. Selectman Eckstrom stated the Board received it this evening.
Ms. Brighton stated back on 12/20/05, she came before the Board re: the proposed sewer project in the Agawam Beach area. She stated, to date, she has not received any input relative to what is going on w/ this proposed project. The newspapers have indicated that there will be 16 miles of pipe laid for the project & that the Town will ask to borrow $1.5 million for the design of the project. She asked if this $1.5 million is strictly for design & if the project costs are in addition to this $1.5 million. Selectman Eckstrom stated this is correct. Ms. Brighton feels that this $1.5 million is very high vs. current sewer projects. Selectman Pillsbury stated that the Rose Point project is unique as is all the other sewer projects in Town; each is a different project & it is not a
cookie-cutter type of thing. Ms. Eckstrom added that the $1.5 million is not just for design costs, but also for borings, surveying, etc. The Administrator clarified that the $1.5 million is for the designing of the remaining seven areas.
Ms. Brighton asked what the project groupings would be for the remaining areas. The Administrator stated the Board has yet to determine the groupings. The first priority is to get the design article passed at Town Meeting & then look into the three different groupings.
Ms. Brighton asked when parties would be notified re: eminent domain/takings. Selectman Parola stated that when the design & groupings are finished funding is sought. Plans are then accepted & from there, landowners are notified of any easement right of ways. Plans must be accepted first before landowners are notified of easements.
Ms. Brighton stated there are homes for sale & potential homeowners may be considering selling their homes. She feels that if there is going to be an easement placed on sellers’ properties then they need to notify the buyers. Selectman Parola stated she understands, but at this time there is not a design & the project isn’t slated to commence for two to three years, thus there is no information re: easements at this time. The Administrator agreed & indicated that nothing is known until the design is finalized.
Ms. Brighton expressed concern re: someone wanting to sell their home now, being required to do a Title V septic, & then having to pay for the sewer system project. She feels this is double dipping. The Administrator stated the Board has adopted a By-law re: Title V installations that basically states if a septic system has been installed w/in 60 months of a sewer project, the homeowner has 60 months to connect to the new system.
Selectman Pillsbury stated the Town is currently seeking design funding for the last seven areas so a schedule can be made for those residents in need of a septic system so residents will have an idea of when the sewer project in their area will commence. There is an option from the Board of Health relative to septic installations & sewer projects. The Administrator stated a resident could make an agreement w/ the Board of Health for a waiver of a septic system if a sewer project is planned.
Chairman Sauvageau stated that the Town is mandated by law to sewer specific areas/neighborhoods. He feels Ms. Brighton is seeking information that the Board does not have. If a resident is looking to sell their home, disclosure of information cannot be made if the information is not known. He explained to Ms. Brighton that every time she has come before the Board they have stated the same thing because the Board does not have the information.
Ms. Brighton briefly discussed the issue of the roadway in front of her home that Municipal Maintenance tried to remedy, but made worse. She indicated that the issues are not going away & neither is she.
IV. CONSENT AGENDA
A. Authorization to sign bills, documents, etc.
MOTION: Selectman Pillsbury moved the Board approve invoice #80222005/9 from Camp, Dresser & McKee for $3,911.90 re: engineering services to perform a Phase I Infiltration/Inflow Program for the Town of Wareham. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board approve invoice #80221889/1 from Camp, Dresser & McKee for $1,890.00 re: engineering services for the preparation of a Spill Prevention Control & Countermeasures (SPCC) Plan for the Town’s WPCF as required by EPA. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
B. Approve minutes from previous Regular Session meetings: 2/21/06.
MOTION: Selectman Parola moved the Board approve the Regular Session meeting minutes of 2/21/06. Selectman Eckstrom seconded for discussion.
NOTE: Brief discussion ensued re: corrections to be made.
Selectmen Parola & Eckstrom w/drew their motions.
MOTION: Selectman Parola moved the Board approve the Regular Session meeting minutes of 2/21/06 as corrected. Selectman Eckstrom seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
C. Appointments: Minot Forest Committee, Community Preservation Committee, & Bike Path Committee.
MOTION: Selectman Pillsbury moved the Board appoint Sandra Slavin as a member to the Minot Forest Committee to a term to expire 6/30/2010. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board appoint Sherbie Worthen as a member (Recreation Commission) to the Community Preservation Committee to a term to expire 6/30/07. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved the Board appoint Richard Paling as a member to the Bike Path Committee to a term to expire 6/30/08. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
NOTE: Selectman Pillsbury discussed an item that came in late. She stated there is a request for a permit by Home Depot at Home Services to place a dumpster on the road for 9 Barnacle St., Wareham for two days only (3/9 & 3/10) for the purpose of removing debris. The request has been signed by Mr. Gifford, Mr. Ethier, & the Police Dept.
Selectman Eckstrom asked what type of project the dumpster is for.
Present before the Board: The homeowner
The homeowner stated it is a shingle project & the dumpster is for the old shingle debris.
MOTION: Selectman Pillsbury moved the Board grant permission to Home Depot at Home Services, 345 Greenwood St., Worcester, MA for use of a sidewalk for a dumpster to be placed at 9 Barnacle Rd., Wareham for removal of debris on 3/9/06 & 3/10/06. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
V. TOWN ADMINISTRATOR’S REPORT
1. FY06 2nd Half Sewer Usage Billing. Asked the Board to approve a commitment for second half FY06 sewer user fees for $1,972,966.86.
MOTION: Selectman Pillsbury moved the Board approve the second half FY06 sewer user fees commitment for $1,972,966.86 & to commit this amount to the Town Treasurer-Collector. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
2. Sewer Connection Request – 759 Main Street. A request has been received for permission to tie into the collection system for the property at 759 Main St. They are looking to tie into the system due to a failed septic system that has become an issue w/ the Board of Health. David Simmons has reviewed the plans & if approved by the Board, he would recommend it be w/ the conditions outlined in his report.
Selectman Eckstrom expressed concern re: the property having a three-family home on it & the issue of sewer system capacity. It was briefly explained how the connection is made. Selectman Pillsbury clarified that Selectman Eckstrom was concerned re: if there was to be a sewer extension.
MOTION: Selectman Pillsbury moved & Selectman Eckstrom seconded that the Board approve the request of Five H. Ltd. Partnership for permission to tie into the Town’s collection system subject to the following conditions:
· Payment is made of all appropriate fees, including the Residential Sewer Permit fee;
· Waive the Sewer System Development Charge, which has been the practice when a resident has to install a pump chamber &/or force main & maintain at his/her expense;
· The homeowner shall install a pump chamber w/ a grinder pump w/ automatic controls including but not imited to a high level alarm, & automatic level controls at his/her expense;
· The homeowner shall also incur all costs associated w/ the installation of all piping required to connect to the Town’s collection system;
· The homeowner shall maintain the operation of the pumps including but not limited to, operation costs, repair & maintenance costs & in the event there is a pump failure due to mechanical failure or loss of power, the homeowner shall be responsible for having the contents of the 1000 gallon pump chamber removed by a licensed septic hauler & will bear all costs associated w/ pumping & disposal;
· The homeowner shall hire a licensed drain layer to perform this work per plans submitted by JC Engineering, Inc.;
· The homeowner is responsible for having the drain layer properly abandon the existing septic system following the connection to the Town sewer & the work will be inspected by this department;
· Prior to backfilling, all cleanouts, pipe & connections shall be inspected by the WPCF Dept. & an as-built drawing shall be submitted by the contractor/engineer upon completion; &
· All cuts w/in existing paved roadways shall be inspected & approved by the Director of Municipal Maintenance.
VOTE: Unanimous (5-0-0)
3. Tax Bills. Tax bills will not go out on 4/1/06, but approx. two week later. DOR has not yet certified the Town’s values, but this is anticipated to happen next week. The Board of Assessors will come in for a tax classification hearing the week after that & bills should go out on 4/15/06 payable 5/15/06.
VI. LICENSES & PERMITS
A. Application of Shawn P. Beers d/b/a Pederzanis, 39 Depot St., Wareham for a Common Victualler’s License, under the provisions of MGL c. 140.
Present before the Board: Shawn Beers
Mr. Beers stated he has opened a restaurant on Depot St. & there is only seating for 20 people. The Board of Health has inspected & there is a restroom.
Mr. Beers stated he would offer authentic Italian food. He briefly discussed his years of experience & hours of operation.
MOTION: Selectman Pillsbury moved the Board approve the application of Shawn P. Beers d/b/a Pederzanis, 39 Depot St., Wareham for a Common Victualler’s License, under the provisions of MGL c. 140 pending final approval from the Board of Health. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
VII. ANNOUNCEMENTS
B. Special Town Meeting Warrant articles must be received in the Selectmen’s Office by 3/28/06.
C. The next meeting of the Board of Selectmen is 3/14/06.
D. The Commission on Disabilities will begin meeting the third Tuesday of every month at 6:00 P.M.
VIII. BUSINESS
a. Vote to refer proposed zoning articles by ZRC to the Planning Board.
Present before the Board: Anthi Frangiadis, Planning Board Chairman, and Zoning Re-write Committee
Chuck Gricus, Town Planner
Paul Willard, West Wareham Strategic Planning Committee Chairman
Kathy Peppalardo, West Wareham Strategic Planning Committee
Ken Ferreira, Zoning Board Chairman, Zoning Re-write Committee, West Wareham Strategic Planning Committee
Tony Scarsciotti, Planning Board, Zoning Re-write Committee
The following proposed articles were discussed:
Article 1 – Non-conforming Uses, Structures & Lots, Generally.
Ms. Frangiadis explained that there has been much confusion & room for very subjective interpretation w/in the current language that speaks to the enlargement, extension, change and alteration of existing structures. This proposed language exhibits specific guidelines, which the Zoning Board should follow, that will act to protect neighbors from harmful effects of expansion &/or alteration of existing homes & structures. This section will act to protect the immediate neighborhood from expansions that would block historical views & vistas & has the capacity to preserve neighborhood integrity and everyone’s property values.
Mr. Ferreira stated that this article implements case law & performance standards.
Ms. Frangiadis stated that on 4/3/06 there would be a public hearing on all zoning articles.
Selectman Parola asked if the applicant abutters utilize the vista issue too far. Mr. Ferreira discussed MA law re: obstruction of view & that this article is an attempt to protect vistas.
MOTION: Selectman Parola moved that the Board accept & forward to the Planning Board proposed Article 1 – Non-conforming Uses, Structures, & Lots, Generally. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 2 – Performance Standards
Ms. Frangiadis indicated that there are four parts to this article. They are as follows:
A. Land clearing & grading.
B. Analysis of Development Impact: Water Quality
C. Analysis of Development Impact: Impacts on Traffic & Circulation
D. Analysis of Development Impact: Lighting
Ms. Frangiadis feels all four parts include matters the committee felt was lacking in the By-laws.
Ms. Frangiadis explained that these performance standards have been developed to fill in reserved places that were left vacant by the Zoning By-law. Article 12 deals w/ performance standards that act to protect Town residents & the environment from harmful development practices that have the potential to endanger fragile ecosystems & environmentally sensitive areas. The language holds developers to a higher standard than has been the past practice. The language encompasses clearing & grading & the analysis of water, traffic, & lighting impacts.
Ms. Frangiadis stated that the Planning Board is looking to adopt similar language to these four major pieces in the Planning Board’s re-write of the sub-division rules & regulations so both documents work hand-in-hand. Mr. Ferriera added that this would give standards to issue a special permit.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 2 – Performance Standards. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
Article 3 – Site Plan Review Special Permit
Ms. Frangiadis explained that these additions to the site plan review article, w/in the Zoning By-law article, grant the SPGA greater power & flexibility in insuring that quality site layout & development takes place in our community. She indicated that this is a revision to the existing article w/ additions to the language in the existing article.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 3 – Site Plan Review Special Permit. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 4 – Zoning Map Changes
There are 11 sub-articles contained in this one article. Maps were displayed during discussion of each sub-article that indicate changes to a specific area.
Article 4-1 – Changing Commercial Strip #3 West Wareham or Tremont.
Discussion ensued re: strip commercial vs. general commercial & allowed use differences. Ms. Frangiadis stated the reason for changing some strip commercial to general commercial is to allow for design guidelines, which at present strip commercial does not have. Brief discussion ensued re: the map being displayed.
Article 4-2 – Changing Commercial Strip (from east of I-195 to the present boundary of Wareham Village II) to Commercial General.
Article 4-3 – Changing Commercial Strip #8, Marion Rd. Northwest.
Article 4-4 – Changing the Marine District bounded on the west by the Lazy Harbor.
Article 4-5 – Changing Commercial Strip (from east of Parker Mill Pond to the center line of Division Avenue) to Commercial General.
Article 4-6 – Changing Commercial Strip (east from Besse’s Brook to Lots 1021 & 1022A as shown on Wareham Assessors Map 115 & Lots 1002,1003, & 133 A as shown on Assessors Map 133) to MR 30.
Article 4-7 – Changing Commercial Strip (from the Highway Concrete east to the intersection of Rte. 28, Rte. 25, Plymouth Rd., Maple Spring Rd. & Santos Dr.) to Commercial General.
Article 4-8 – Changing portions of land zoned MR 30 & Commercial Strip to Village I.
Brief discussion ensued re: Tyler Ave. & if the whole area that will encompass this Village I District will allow for more commercial uses vs. a Village II District. Ms. Frangiadis discussed the matter of wetlands & traffic issues w/in the area that would limit certain types of business locating here if designated as Village I.
Article 4-9A – Changing portions of the Industrial & Commercial Strip Districts (Area bounded by Main St., Tobey Rd., Rte. 28 & Rte. 195) to Commercial Planned.
Mr. Willard stated a Commercial Planned area is a large area that will be developed all at once so a better architectural design is done & small & large developments work together along w/ some residential. In other words, smaller entities have to work w/in the larger entity & design standards apply as well. Five or more units are what are allowed under the residential portion & all other residential uses are not allowed at this time.
Ms. Frangiadis stated it would be a zoning District change if someone were to want to develop in a Commercial Planned area. There is no minimum acreage for this, but there are standards.
Article 4-9B- Changing land previously zoned Industrial, Commercial Strip, & MR 30 to Commercial General (from Tobey Rd. to Rte. 28 past Charlotte Furnace Rd.).
Article 4-10 – Changing land previously zoned Commercial Strip to Commercial General (beginning at the centerline of the intersection of Doty St., Carver Rd., & Rte. 28 as shown on Assessors Map 103.
Article 4-11 – Changing land previously zoned Commercial Strip & MR 30 (along Sandwich Rd.) to Wareham Village I.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 4 & the 11 sub-articles – Zoning Map Changes. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 5 – Dimensional Standards: Industrial District, General Commercial (CG) District & Planned Commercial (CP) District
Mr. Ferreira discussed the need to apply General Commercial standards to Industrial Districts & implement consistently.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 5 - Dimensional Standards: Industrial District, General Commercial (CG) District & Planned Commercial (CP) District. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
Article 6 – New Zoning District – Use Designations
Ms. Frangiadis explained that this article adds a new Commercial District to Wareham’s Zoning By-law the Planned Commercial District. This district will require applicants to adhere to stricter standards that will act to enhance our expanding commercial sector.
Ms. Frangiadis feels this article actually should be two articles to show Commercial Planned & Commercial General. Selectman Parola stated there are three tables w/in one article. She feels this article should be dovetailed. Brief discussion ensued re: how to work w/ the three parts of this article.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 6 – New Zoning District – Use Designations. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
Article 7 – Requirements for Certain Land Divisions, Land Developments & Inclusionary Housing
Ms. Frangiadis explained that this language replaces the original cluster development language w/ new wording for cluster development & it adds a section on inclusionary housing. Cluster development acts to concentrate residences w/in a smaller area than a normal lot of, say, 30,000, 43,000, 60,000, or 130,000 sq. ft., which are the current residential zoning areas for each respective district. Our current language lacks some specifics that will be enhanced w/ this new article. The new rules will give existing & future residents greater protections through preservation of environmentally sensitive areas & buffering from sensitive wetlands.
In addition, this language includes a new section on Inclusionary Housing, which requires that 10% of the units w/in any new subdivision or multi-family development shall be dedicated to provide housing opportunities to those households w/ incomes that do not exceed 70% of median income.
Mr. Scarsciotti this article is using the figure 10% & the intent is to assist in getting the Town to its 10% & then maintaining the 10%. This article also assists in monitoring, keeping, & maintaining resale of affordable housing. He briefly discussed the proposed Housing Trust Fund.
Mr. Ferreira added that this article will include that six or more lots will have guaranteed open space under cluster developments. Ms. Frangiadis indicated that the Planning Board has seen an increase in use of the current language for residential cluster developments.
Selectman Fernandes-Abbott clarified that six or more lots triggers one affordable housing lot & will trigger a cluster development w/ open space units. If these are not appropriate, the development will fall under conventional zoning. Mr. Ferreira added that this article also applies to multi-family housing. He briefly discussed when a contribution to the Housing Trust Fund is applied.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 7 - Requirements for Certain Land Divisions, Land Developments & Inclusionary Housing. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Article 8 – Rules & Regulation Changes & Additions
There are 12 sub-articles contained in this one article.
Article 8A – Table of Principal Use Regulations – Prohibited In All Districts- Add language that states storage containers, specifically those metal &/or wooden boxes used as freight containers on ships, railroad cars & trucks, be prohibited in all zoning districts including truck bodies.
Ms. Frangiadis explained that many areas are witnessing storage containers/storage facilities being placed in residential districts, as well as commercial areas. This is an unsightly use & this amendment acts to prohibit this practice.
MOTION: Selectman Parola moved the Board accept & forward to the Planning Board proposed Article 8A – Table of Principal Use Regulations – Prohibited in All Districts – Storage Containers. Selectman Fernandes-Abbott seconded.
VOTE: (4-0-1)
Selectman Pillsbury abstained
Article 8B- Table of Principal Use Regulations – Commercial Uses in the Industrial Zone – Add language that states “N” under Commercial Uses in the Industrial Zone heading (IND), the SPZ at Retail Businesses” & add “N”.
Ms. Frangiadis explained that this action prohibits retail uses from the industrially zoned areas of Wareham. Given the fact that we have very little industrial land available, we need to preserve it for industrial uses. The Town has been inundated w/ several major retail uses over the past few years, w/ more to come. We need to balance this retail growth by making what little industrial land we have available to that sector of our economy.
The West Wareham Strategic Planning Committee & the Zoning Re-write Committee are working hand-in-hand to ascertain the future of retail uses in West Wareham. They are developing new design standards & are concerned that another mega-project, such as the Wareham Crossing Plaza, could have devastating effects on the quality of life of West Wareham, particularly the ability to maintain safe & convenient travel patterns for residents. These committees need time to deal w/ this important issue & devise strategies to maintain a healthy & safe environment for Wareham residents.
Article 8C – Table of Principal Use Regulations – Transportation Uses – Signify that public service & other passenger stations are an allowed use in this District (WV1).
Ms. Frangiadis explained that this action will allow a passenger station/bus stop for public transportation to be located in the downtown Village District which encompasses the Tremont Nail site on Elm St., extending to Main St. & then to Zecco Marine at the southeasterly end of Main St. This area is in need of a bus station to bring people in & out of this area, which is the Town’s historic retail & service center.
Article 8D – Confirm Enforcement Power of the Zoning Enforcement Officer – Delete & Add Language
Ms. Frangiadis explained that this article confirms the enforcement power of the Zoning Enforcement Officer to include Comprehensive Permits, so-called affordable housing projects, issued by the Zoning Board of Appeals.
Article 8E – Clarify Definitions of “office” & “services”
Ms. Frangiadis explained that there is always some confusion in re: to what constitutes an “office” &/or “services.” This amendment acts to clear up this confusion. Services are just that, an immediate service rendered to a walk-in customer. Office uses are those, which provide services outside of walk-in needs, that is, they are related to more professional, administrative, or executive functions.
Article 8F – Signage for Home Occupations
Ms. Frangiadis explained that language that limits the size of signage for home occupations needs to be addressed. Four (4) square feet is an adequate sign for this purpose.
Article 8G – Collection of Fees for Consultancy Duties Required/Requested by Permitting Authority
Ms. Frangiadis explained that this language eliminates any ambiguity in this section referring to the manner by which fees are collected from an applicant for any consultancy duties required or requested by the permitting authority through the Site Plan Review process.
Article 8H – Use Table – Building Type
Ms. Frangiadis explained that this language w/in the Use Table speaks to a building type, not a use. This housekeeping measure acts to clear up this confusion.
Article 8I – Add to Zoning Districts – East Wareham Village I (VI)
Ms. Frangiadis explained that this new Zoning District is located at the confluence of Route 495/25 at Glen Charlie Rd. & Cranberry Highway. We are attempting to resolve some compatibilities & differences w/in the Village Zoning Districts & will be combining some of them to decrease the number of districts in Town. This new district is a frontrunner of this effort.
Article 8J – New VI District – Density & Dimensional Regulations
Ms. Frangiadis explained that this article consists of adding the newly proposed VI District to the Density & Dimensional Regulations, which directly correspond to the density & dimensional dimensions for the Wareham Village I District.
Article 8K – Add to Zoning By-law – Zoning Districts – Planned Commercial (CP)
Ms. Frangiadis explained that the Planned Commercial District is intended to provide for large scale retail/commercial development on large sites along major public roadways which are also adjacent or near to major highway intersections & serviced primarily by vehicular access. Such retail is meant to serve regional or sub-regional populations. Multi-family housing & apartments in mixed-use buildings may also be allowed. This district is to be master planned & comprised of lots of large depth & dimension. Retail development w/in such district should encourage a pedestrian environment & include internal streets w/ sidewalks, street trees, & landscaped parking lots.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 8 – Rules & Regulation Changes & Additions. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
Article 9 – Sign Regulations for CG & CP Districts
Ms. Frangiadis explained that this interim/temporary language acts to address signage in the proposed Planned Commercial & General Commercial Districts. A new signage By-law is long overdue for Wareham & this interim measure will give the Town some reasonable control over these two districts that may witness an increase in commercial development activity as witnessed by current trends.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 9 – Sign Regulations for CG & CP Districts. Selectman Parola seconded.
VOTE: Unanimous (5-0-0)
Article 10 – Design Standards & Guidelines
Mr. Willard discussed what the article encompasses, such as design standards for CG & CP Districts, usage, building heights, minimum/maximum dwelling size, setbacks, landscaping, etc. These standards will make structures going into areas more consistent w/ the character of the Town.
Selectman Parola noted that there might be a mistake due to scanning the document re: building height. The Administrator stated he would fix it.
MOTION: Selectman Pillsbury moved the Board accept & forward to the Planning Board proposed Article 10 – Design Standards & Guidelines. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved that the Board accept & forward to the Planning Board for their hearing on all items articles discussed this evening w/ the understanding that changes may be made for errors, omissions, & Scribner errors. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
Chairman Sauvageau commended & thanked those involved w/ these articles for their hard work.
b. PEG Access Corporation Discussion:
i. Duties & Responsibilities of Directors.
ii. Interview Process.
iii. Accept revisions of the By-laws & Agreement.
Chairman Sauvageau stated corrections were made to the document re: duties & responsibilities of Directors. The Board can accept the provisions & thus, the Cable Access Corp. can get up and running, obtain staffing, & obtain funds that belong to this organization.
Chairman Sauvageau read the proposed duties & responsibilities of Directors for the PEG Access Corp. into the record (Attached as reference).
Selectman Parola feels that there should be a different application form for interested candidates vs. the standard application utilized for other boards, commissions, etc. She asked if these applicants would have to have a CORI done. Chairman Sauvageau stated they would not be considered municipal employees (who do require a CORI) & that if the Board concurs, a new application can be crafted for these applicants. He added that Town Counsel could be asked re: the question of CORI, but he feels these applicants would be a separate entity from the Town & would not need a CORI.
Selectman Eckstrom feels a CORI should be done if these people are going into schools, for example, because it is a community access entity. Selectman Fernandes-Abbott stated that employees of the PEG Access Corp. might likely have CORI done, but not the Directors. Selectman Parola indicated as long as the Directors are not involved w/ day-to-day matters she would be all right w/ them not having a CORI, but she does feel they should be bonded.
Brief discussion ensued re: the revisions to the By-laws. Chairman Sauvageau indicated that erroneously they were not supplied to the Board this evening.
Brief discussion ensued re: the interview process. Chairman Sauvageau feels there should be public interviews, possibly held w/in a Selectmen’s meeting. Selectman Parola indicated that she would have an issue of holding the public interviews during a televised Selectmen’s meeting because there should be allotted times allocated for each applicant. She feels it should be a public meeting held on a night other than a Tuesday evening.
Brief discussion ensued re: the application to be utilized. Selectmen Parola & Fernandes-Abbott feel a resume & a cover letter from applicants would be sufficient.
The Board members concurred to table these matters until the next Board meeting.
c. Discussion of Annual Town Meeting Warrant Articles:
i. Article 23 – Housing Trust Fund
Present before the Board: Marilyn Whalley, Community & Economic Development
Chairman & Staff Support for the Housing Partnership
Ms. Whalley explained that the Housing Trust Fund has been legislatively allowed for communities to dedicate funding for the support & development of affordable housing. The Housing Partnership sees this as the third tier in the development of a good planning process for affordable housing.
Ms. Whalley stated the first tier was the plan adopted in 6/04 & the second tier was to establish the Housing Partnership to implement the plan. The third tier is funding to allow some of the initiatives to take place. This would be a five member Trust Committee (w/ one member being a Board of Selectman). The Trust would receive funding for the fund to dedicate monies to affordable housing in the future.
Ms. Whalley discussed inclusionary zoning, which may help in obtaining money for the fund. She added that the Trust Committee could provide funding through loans, grants, etc. in support of affordable housing.
Ms. Whalley briefly noted the organization of the Committee, filling vacancies, & powers & duties. Selectman Eckstrom asked re: if the terms of the committee members’ would be staggered. Ms. Whalley stated the article reads a two year term commencing 7/1/06 & ending 6/30/06 or until such a time as a successor is appointed. Brief discussion ensued. She indicated that Town Counsel recommended two-year terms vs. three-year terms. The Administrator stated Town Counsel did recommend two year terms & the law is specific re: how it is set up, but he can check into the issue of staggered terms & the statute.
Selectman Fernandes-Abbott asked how the Housing Partnership interacts w/ the Trustees of the Trust Fund. Ms. Whalley stated that the Housing Partnership would advocate for certain projects & would recommend certain conditions on specific projects.
Selectman Fernandes-Abbott clarified that the Trustees of the Trust Fund will have it in their power to access other funding from Community Preservation, other entities, etc. Ms. Whalley stated this is correct & that by legislative action, this is the way it has to be set up. Chairman Sauvageau stated that it could be restrictive as to what the Trust does w/ the fund to make it consistent w/ the housing plan. It also provides the Town w/ the financial needs to provide its own affordable housing so the Town is not dependent on private developers to reach the 10% goal.
Ms. Whalley discussed how she sees the Housing Partnership as a position of advocacy. She added that the Selectmen would be the ones to appoint the Trustees.
MOTION: Selectman Pillsbury moved the meeting go beyond the hour of 10:00 P.M. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
MOTION: Selectman Pillsbury moved Favorable Action on Article 23 of the 4/24/06 Annual Town Meeting Warrant. Selectman Eckstrom seconded.
VOTE: Unanimous (5-0-0)
ii. Article 26 – Petition: Municipal Electricity
Selectman Parola stated she has received a request from the sponsor of this article to not act on this article at this time because she will not be available to discuss the article. The sponsor has also asked that she be allowed to re-submit the article for the Fall Town Meeting.
MOTION: Selectman Parola moved Further Study on Article 26 of the 4/24/06 Annual Town Meeting Warrant. Selectman Fernandes-Abbott seconded.
VOTE: Unanimous (5-0-0)
iii. Article 28 – Petition: Surviving Spouse Insurance Premiums
Present before the Board: Mr. Murphy, Wareham Police Department Dispatcher
Mr. Murphy explained how the formation of this article came about due to the death of Officer George Roberts. He submitted cards to the Board relative to Officer Roberts & his experience on the Police Dept.
Mr. Murphy discussed how Mr. Roberts’ wife received a notice from Blue Cross/Blue Shield indicating that she would now be offered COBRA coverage & after this coverage ends, she would be on her own to make her own medical insurance arrangements.
Mr. Murphy stated that Chief Joyce brought the matter of placing an article on the Warrant re: surviving spouse insurance premiums to the Administrator who indicated that it most likely would not be supported for placement, thus a petition article has been submitted.
Mr. Murphy discussed the information available at this time in which 13 employees are in a situation similar to Mrs. Roberts & the cost would be approx. $60,000. He explained that this $60,000 per year would cover 75% of the cost for surviving spouse benefits. He added that the situation facing Mrs. Roberts now is her age & the fact that she may have to get a job.
Mr. Murphy feels that the intent of the article is the right thing to do. He stated that a few years ago an article passed relative to surviving spouse benefits dealing w/ a police officer being killed in the line of duty.
Mr. Murphy read a statement re: provisions of Chapter 32B, s.9D1/2. He also indicated that these benefits would involve all current & future survivors of Town employees except teachers who have their own provisions.
Chairman Sauvageau feels that this may be a collective bargaining issue due to the amount of employees in unions that would fall under this provision.
The Administrator discussed why this provision is included in teachers’ retirement. This provision is not mandatory subsequent to collective bargaining. Under MA statute, no public sector union has the right to negotiate for retirees.
The Administrator explained relative to costs, the minimum at this time would be $60,000, but if anyone who has been impacted already & has chosen to leave the Town’s system, they are free to come back in during an open enrollment, thus the $60,000 could be doubled (based on doubling the current number of 13).
Selectman Eckstrom asked if these benefits would be paid forever. The Administrator stated that they would be unless the spouse re-married. He added that the majority of surviving spouses are under the School Dept.
Selectman Fernandes-Abbott asked when this article comes before Town Meeting for funding, where will the money come from. Mr. Murphy stated he was going to ask to meet w/ the Administrator to discuss this article & options on how to move forward. He indicated that he did not know the $60,000 amount until yesterday. Brief discussion ensued.
Selectman Fernandes-Abbott does not feel the Board has enough information at this time to make a decision. Selectman Parola feels that this article may not be the correct mechanism for this issue.
Mr. Murphy stated he would bring this matter back to Lt. Wallace for discussion.
d. Discussion: Extension of Town Administrator’s Contract.
NOTE: The Board did not discuss this item.
e. Any other business.
i. Commuter Rail.
Selectman Parola stated she received a letter from Dennis Murphy re: bringing the commuter rail to Town. She asked the Board’s permission to draft a response to Mr. Murphy & she will bring it back to the Board for review for submittal to Mr. Murphy. The Board members concurred.
ii. Liquor Licenses.
Chairman Sauvageau stated that a tele-conference meeting was held between himself, the Administrator, Selectman Pillsbury, Representative Williams-Gifford, & the ABCC Chairman. The purpose of the meeting was to discuss the petition request for five additional liquor licenses, which has already been submitted & is in legislative conference & to discuss the request for an additional 15 licenses.
Chairman Sauvageau indicated that this meeting changed his perception of what would need to be done to accommodate these licenses for economic purposes. He explained that by asking for the additional five licenses, this would be an exemption to State laws governing the liquor license cap for the Town. The Town’s original language asked to increase the cap on unassigned businesses. The ABCC Chairman will not do this & he indicated that there needs to be a specific map, lot, page & franchise noted for each license. The ABCC Chairman stated that the Town could ask for a one-year sunset in legislation & the Town would then have one year to identify specific franchises & ask for an additional exemption. Thus, the ABCC will not grant an exemption of the Town’s cap number unless
specifically for economic development purposes. This means that only new businesses, not existing businesses, will benefit, which complicates matters for the Town. The Board has to authorize the change in language to be granted a one-year sunset for the five additional licenses & identify franchises to be attached to these licenses.
The Administrator stated that the ABCC Chairman made it clear that any additional licenses granted to specific businesses cannot be transferred to another business & it will automatically be reverted to the Legislature, unless the Board asked the Legislature to allow the license to pass to a new entity.
Selectman Parola feels that this countermands the ABCC’s long-standing directive not to have local licensing authorities issue pocket licenses. She feels this stand is punitive in nature to any licensees that are granted licenses above the cap, therefore increasing hardship on these businesses as well as existing businesses. Chairman Sauvageau feels the intent is for economic growth, but it in fact is stymieing economic growth of existing businesses. Thus, the Town does not have the choices it thought it had re: the additional 15 licenses. He now understands that the ABCC is mandating these rules & making it harder for the Town to help existing businesses.
Selectman Pillsbury questioned if the Board needs to specify the lot numbers now. Chairman Sauvageau understands the discussion was that a map & lot number were needed to be determined & then the Town has a year to name a franchise. The Administrator indicated that this is how he understood the discussion. Selectman Pillsbury stated that there is a need to make a vote as soon as possible re: map & lot numbers. The Administrator stated he would have this information by the Board’s next meeting.
iii. Town Meeting Warrant.
Selectman Eckstrom indicated that at the last meeting when the Board closed the Warrant, there were typing errors & the numbers of articles were incorrect.
IX. SELECTMEN’S REPORTS
(NONE)
X. ADJOURNMENT
MOTION: Selectman Pillsbury moved at 11:00 P.M. to enter into Executive Session for the purpose of discussing the purchase, exchange, taking, lease or value of real property & to discuss strategy relative to litigation. Selectman Fernandes-Abbott seconded.
POLLED VOTE: Selectman Parola – Yes
Selectman Fernandes-Abbott – Yes
Selectman Pillsbury – Yes
Selectman Eckstrom – Yes
Selectman Sauvageau – Yes
VOTE: Unanimous (5-0-0)
Respectfully transcribed and submitted,
Kelly Barrasso
Kelly Barrasso
The Board of Selectmen/Sewer Commissioners approved the foregoing minutes on 4/18/06.
Attest: Mary Jane Pillsbury
Mary Jane Pillsbury, Clerk
BOARD OF SELECTMEN/SEWER COMMISSIONERS
Dated filed: 4/19/06
Date copy sent to Wareham Free Library: 4/19/06
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