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HomeMy Public PortalAboutHousing Partnership -- 2014-08-18 Minutes pt ,, ., Town of Brewster Board of Selectmen y ';1,i t 2198 Main Street Town Administrator Brewster, MA 02631-1898 r ;i: a Phone: (508) 896-3701 a `—� ° Fax: (508) 896-8089 MINUTES OF THE BOARD OF SELECTMEN REGULAR SESSION MEETING DATE: August 18,2014 TIME: 7:00 P.M. PLACE: Brewster Town Office Building,2198 Main Street PRESENT: Selectman Norton, Selectman deRuyter, Chairman Foley, Selectman Dickson, Selectman Hughes, Assistant Town Administrator Jillian Douglass, Chris Miller, Carmelita Dinwiddie, Stephen Brown, Carol Edmondson, Tom Edmondson, Rich Eldred, Ralph MacDonald, Victor Staley ABSENT: Town Administrator Charles L. Sumner Call to Order Chairman Foley called the meeting to order at 7:00pm. Citizens Forum Ralph MacDonald, stated that the senior citizens are upset that the Fire Station project is still being worked on and they would much prefer a senior center be a priority in the Town. Chairman Foley stated that the Board never stated that the Fire Station project was to be put aside. They asked the Building and Needs Assessment Committee(BNAC)to take a look at the project to see how it could be reworked. He also stated that the Board has also spoken about a new COA building. The department, FOBE or the Town has never asked for a new center. One approach was to have a campus like development between a new Fire Station and the COA. He feels there should be a study done on what the Town needs in terms of a senior center. Ralph MacDonald stated that he understands that a group was to be created to look at the future needs of the Town, including a COA. Selectman Norton stated that this is not the time to get into an in-depth discussion, and that it should be a future agenda item. Ralph MacDonald asked the Board if they want the seniors to bring a petition to the Board. Selectman deRuyter stated that a working group has been created and they will be working on a survey to determine what the Town's citizens wants and needs are. There is an appropriation in the Fall Town meeting warrant for funds for a survey. Selectman deRuyter also stated that there is an opening on the BNAC. Discuss & Authorize Signing of the Notice of Intent Application for Ellis Landing Chris Miller stated that he had been approached by the neighbors to the west of the Landing,the Edmondson's, (who are here in the audience)to proceed with an application for some work to be done on their property that will extend partially onto the Town landing. The Board has been given a plan that the Town's engineer put together. It doesn't have enough detail for the Board to approve the plan. What we are asking for www.town.brewster.ma. BoS Minutes 08-18-14 Page 1 of 5 is just to approve an application; to sign off on the application to allow them to go forward with the public process with Conservation. To sign off as land owners, that work will occur on Town property, but to reserve the right to comment as the public process goes on. Selectman deRuyter asked for clarification that the Board is simply reserving its right to comment and that it does not need to come back to the Board. Mr. Miller stated that it does not need to come back to the Board, but he wanted to clarify that there are two separate applications going forward to Conservation: one, for the Town's ramp, the town's parking and the Town's storm water control, shown on this plan; and a separate application for the revetment work including the return that will be partially on the Town's land. We don't know the full content of what that will be and he is sure that will be part of the discussion with Conservation. Chairman Foley stated that this plan is subject to change at the judiciousness of the Conservation Commission. Selectman Hughes stated that the Town does not have a final proposed plan from the Edmondson's. Mr. Miller stated that that is correct; we do not have a final plan for what the work on their property and the Town's property will be. We expect it to change and to be modified during the process with conservation. We are under a very tight timeline to get things done because of the process as to how this has reached this point. We want to make sure we don't delay the Edmondsons process, so they can get into the next Conservation meeting. Selectman Hughes asked the Edmondson's when they anticipate having their engineered plan ready to move forward with the Conservation Commission process. Mr. Edmondson stated that they did not know and that they were taken by surprise today by this whole event. Mrs. Edmondson stated that their engineers and the Town's engineer have been working together for several months now on a plan that they understood would be brought jointly to Conservation. There had been conversations with the Town's Attorney and it was agreed that it would be done that way and it would move forward together. They found out today from their engineer,that he was told by Tim Brady or Chris Miller that it would not be going forward jointly, that the Town had decided to present the Town's plan on their own. The Edmondson's were caught off guard; they have been working with their engineer. Selectman Hughes stated that the Board understood that the Edmondson lawyers have also been involved. Mrs. Edmondson stated that he has been out of the picture for months (three months). Selectman Hughes stated that that was not her understating. Mrs. Edmondson stated that it is important to clarify that. They made quite a point of saying that their objective was to work jointly with the Town and it's not the first time they said that. In an effort to make that happen they said `let's just get the engineers together'. They were extremely clear with the engineers, the Town's Attorney and their attorney that there was no further legal anything going on. Because they felt that in order to work cooperatively together, which they have been trying to do for a very long time, that it made more sense for this to be an engineering solution than for there to be any legal issue. That's been true for months now. If that's not clear, can we please make sure that it is clear. The Edmondsons did that for a reason. They felt that cooperation was the best way to get the landing repaired and get protection that they feel they need as a result of the storm. Selectman Hughes stated that she hopes that we're successful here. Even though the Town wants to move forward separately permitting wise, the two engineers need to cooperate and work together in order to develop a plan. Mrs. Edmondson stated that their engineer was told that the cooperative effort has ended and the engineers are not working together any more. She doesn't understand why. Selectman Dickson asked Mr. Miller for clarification on this point. Mr. Miller responded that he received this plan on Thursday and his review of it shows it is the same plan on the Town's side as it was 6 month ago, no dramatic changes. The issue is can we agree on what would be allowed by Conservation for the return portion. He is not sure the engineers agree what would be permit-able. Until we figure out what the design will be for the small return that will be alongside the Edmondson's house, It's difficult for us to say its good or it's not. We know generally the foot print; we agree with that. On the Town's property there will be a ramp and storm water control all pretty much as it has been, but in regards to the work on adjacent properties everyone must work"hand in hand"to make sure this works properly. Mr. Edmondson asked if it's premature to sign off on a NOI?Mr. Miller answered that we understood from the Town's Attorney that the Edmondsons were under a timeline that they had to meet with the NOI www.town.brewster.ma. BoS Minutes 08.18.14 Page 2 of 5 application, because of the legal work going on. Mrs. Edmondson stated that there is no legal work going on there hasn't been for months! Mr. Miller stated that he spoke with the Town Administrator and the Town's attorney and that the easiest way to proceed was to authorize the signing of a NOI so that the Edmondsons could go forward with Conservation without any delay from the Town's end, but the Town will have the ability to review and comment on what comes forwad. Mr. Edmondson feels that it seems premature to go forward. Mr. Miller stated that it might be prudent to at least have the Boards signature or authorization tonight to allow this to proceed, but the Edmondsons could decide not to proceed. If we don't get the signature tonight the Edmondsons would miss the next Conservation Commission meeting. Mr. Miller also stated that it was his understanding that the Edmondsons were under a time constraint and had to be in by about September 15th. Mr. Edmondson stated that this is all news to them. Mr. Miller stated that perhaps their engineer has a different understanding. Mr. Edmondson stated that their engineer found out today, that this is not going forward jointly. Selectman Dickson stated that it seems like a misunderstanding has taken place. He remembers discussion on this going forward jointly. Whatever communication the Town received regarding a time need, as the Edmondson were ready to move forward but the Town was not. It does not sound like there is any intent to separate other than to allow the Edmondsons to go forward, but that does not appear to be the case. He questioned if the Board should table this matter. Selectman Dickson moved to table this discussion, Selectman deRuyter second. Selectman Norton asked Mr. Miller if he sees any difficulty in the Board tabling this? Mr. Miller stated that his understanding was that time was of the essence; there was a certain deadline that needed to be met with Conservation. If they want to be on the agenda, they have to have all the land owners signatures for all of the properties involved in order to file. All Mr. Miller is looking for is the authorization to sign the Notice of Intent. The Board could authorize him to sign this at a future date. If this is a deadline, it could go forward. If the Board tables this entirely,the Edmondsons lose this window. The Town's Attorney was adamant that the Edmondson's were under a deadline. Perhaps due to the DEP appeal. Mrs. Edmondson stated that the appeal was dropped in May and the Town's Attorney was notified at that time, specifically because they were clear about the fact that they wanted to go back to a joint solution. Chairman Foley asked the Edmondson what they would like the Board to do tonight? Mr. Edmondson answered to table it until they can figure out what's happening on their side. Selectman deRuyter stated that perhaps the Edmondson's engineer was looking at filing deadlines for specific meeting dates and decided that there was a deadline they needed to meet and perhaps they can wait for the next meeting. Mr. Miller stated that that was not the impression he had from the Town's Attorney. The Town's Attorney was talking about the DEP appeal. There was a certain deadline date according to the appeal. He does not know if that appeal has been dropped legally or not. Mr. Edmondson stated that their decision in May was to drop the appeal and go forward jointly. Mr. Miller again reiterated that his understanding is that we had to have a signature so that we could have a filing for that legal process to end. Selectman Dickson stated that he would like to amend his motion and moved that if a filing is necessary by a certain date, the Board authorize Chris Miller to sign the Notice of Intent, but if not, the issue would be tabled, Selectman deRuyter second. Chairman Foley stated that there is a motion to allow Chris Miller to sign the document if both parties agree that is the desired process to allow a NOI process to be initiated, should it be discovered that the NOI is needed,to be filed quickly in order to meet a legal deadline. Selectman Hughes stated that this is authorizing the NOI process to be initiated. Mr. Edmondson asked if we're going to back and work jointly? Selectman Dickson answered that if that is the Edmondson intention. He thinks the misunderstanding needs to be cleared up. The Town thought we could not meet your deadline and did not want to delay your process. Selectman Hughes stated that it could be that the Edmondson's and the Town's engineers have been working together all along but have not been able to reach agreement on a solution that they agree is permit-able, which is not to say it is not possible,just that it has not yet occurred. Chairman Foley reiterated that there is a motion to allow Chris Miller to sign the NOI at the appropriate time. The Board voted 5-Yes, 0-No. www.town.brewster.ma. BoS Minutes 08.18.14 Page 3 of 5 Special Event Permit for Halcyon Farms Selectman deRuyter excused himself from this issue. Carmelita Dinwiddie is representing Lucas Dinwiddie and Halcyon Farms. Victor Staley went over the history of this issue. Some businesses in Town would like to hold events that they were not zoned for. There was a special event article that was passed at a Town meeting allowing businesses to hold special events. Having the Board of Selectmen involved in zoning issues is very unusual. An application was created but the Chamber of Commerce felt that the application was too cumbersome and Mr. Staley was tasked with looking at a new application. Mr. Staley stated that he worked with Halcyon Farms and an application for this upcoming event. He has reviewed and approved of the parking plan that was submitted. Selectman Norton moved that the Board approve a special permit for Halcyon Farms. Selectman Hughes second for discussion and asked where the food was coming from. Mrs. Dinwiddie stated that the CPD is dealing with the food and permitting. Ms. Douglass stated that she did speak with CPD today and Max food is the caterer and will be speaking with the Board of Health tomorrow. Selectman Norton amended the motion that the permit be granted pending that the health agent is satisfied that the catering meeting all criteria. Selectman Hughes second. The Board voted 4-Yes, 0-No. Special Event Permit for Great Cape Herbs Stephen Brown stated that he would like to have local crafters and farmers sell their wares on his front lawn. There was a staff review of this event, which Mr. Brown attended. All departments were satisfied with the event and Mr. Staley approved the site plan for the zoning. Selectman Hughes made mention that Mr. Brown's food processing permit expired in June and asked if it had been renewed. Mr. Brown stated that his permit has been renewed. Selectman Dickson asked if there was a date for the event. Mr. Staley stated that the zoning application does not usually deal with dates and a new application will ask for dates. Mr. Brown stated that the original application was for two days a week in the summer, but he was too busy to organize the event for this summer. He is looking at Columbus Day weekend. Selectman Norton moved to approve a special event permit for Great Cape Herbs, Selectman Dickson second. The Board voted 5-Yes, 0-No. Review First Draft of November 17,2014 Special Town Meeting Warrant Chairman Foley stated that this will not be an in-depth discussion of the warrant, but a chance for the Board to review the warrant and see if anything is missing or needs changing. Selectman Hughes stated that a placeholder should be made for a search for a new Town Administrator as funds may be required. Appointments Selectman Hughes moved to appoint Gary Christen as the Cape Cod Pathways representative to the Open Space Committee for a term of 3 years, expiring June 30, 2017, Selectman Norton second. The Board voted 5-Yes,0-No. Action Items Selectman deRuyter moved to approve action items 1-4, as recommended by Administration, Selectman Norton second. In regards to action item 4, waiver of fees, Chairman Foley stated that he received an email detailing a project in the Town of Yarmouth regarding a process to work fixing housing problems in the Town. The Board voted 5-Yes, 0-No. www.town.Brewster.ma. BoS Minutes 08.18.14 Page 4 of 5 FYI Items Selectman Hughes made note of the report from Gosnold on the number of Brewster residents served and she hopes that the Human Services Committee will do a review of the growing needs. She also made note of water notice regarding the schools. Jillian Douglass stated that this information is given semi-annual as the schools require more than the normal title five system. Selectman Hughes acknowledged the letters the Board has been receiving regarding Crosby & Linnell Beach access. Liaison Reports Selectman Hughes stated that the Board of Appeals has been working on a 40B project and at the last meeting they started drafting their opinion, it is still open to public appeal. The Comprehensive Water Planning Committee is working on three water issue, primarily focusing on ponds and there are draft storm water bylaws that will be reviewed by planning and the Board of Health will review setbacks for septic systems. Chairman Foley stated that there was a meeting with the Brewster Association of Part-time Residents (BAPTR) group and it was a good meeting. Topics the Chair did not Reasonably Anticipate None Discuss Possible Future Agenda Items Chairman Foley stated that he would like to have a conversation on food trucks in the future. Media Questions None Future Meetings September 2 & 15 & tentative September 29, October 6 & 20 Selectman Dickson moved to adjourn at 7:57pm, Selectman Hughes second. The Board voted 5-Yes, 0-No. Respectfully submitted, Susan Broderick Administrative Supervisor �J Approved: ic / Signed: _ -T Date Patricia Hughes, Clerk of the Board of Selectman Accompanying Documents in Packet: agenda,special event license application for Halcyon Farm,parking layout for special event at Halcyon Farm,email chain on requirements from Building&Board of Health for Halcyon Farm event, Staff Review comment form for Great Cape Herb event, Special Event Venue;application for designation for Great Cape Herb event, appointments,FYI items, action items www.town.brewster.ma. BoS Minutes 08.18.14 Page 5 of 5