Fall Town Meeting tonight

Oct 27, 2014

Voters will meet tonight, Monday, Oct. 27, to settle more than 30 items on the Fall Town Meeting agenda. These include a $1.2 million dam repair project, changes for the new Board of Sewer Commissioners, the future of a Community Events Committee, and the possible resolution of a decade-long debate over a parcel of Swifts Beach.

The meeting will begin at 7 p.m. at the Wareham High School auditorium. All registered voters are allowed to attend and participate. The full Town Meeting warrant is available here. Here’s a look at some of the issues on the agenda:

Swifts Beach Conservation

In an attempt to end an expensive 11-year debate, Selectmen will ask voters to “permanently restrict for beach and recreational use” the 5.3 acre property located off of Swifts Beach Road and Wankinco Avenue in Swifts Beach.

In 2003, Town Meeting gave Selectmen permission to acquire the land for “general municipal purposes.” The previous owner of the parcel had expressed interest in building a two-family home on the property.

Selectmen at the time expressed the desire to expand access to the public beach adjacent to the land, but previous attempts to place a conservation restriction on the land over the years have been unsuccessful.

Swifts Beach Improvement Association members asked for Selectmen support in applying for a conservation restriction on the property this summer, which would essentially make them stewards of the property. Selectmen declined to take any action at that time.

Selectmen see this rededication as a way to preserve the land and put an end to the controversy.

When asked about specifics of the rededication, Selectman Peter Teitelbaum said that there could potentially be some temporary structures on the property such as a hot dog stand, but nothing permanent, such as a two-story family home. More stories on this beach debate are available here and here.

Sewer Commissioners

A measure to establish an elected, unpaid, five-member Board of Sewer Commissioners was passed by Town Meeting last year and signed into law by Gov. Deval Patrick in May. Selectmen currently act as sewer commissioners; the election for the new commissioners will take place on April 1.

The item on the Fall Town Meeting agenda states that the Town Administrator is to be in charge of personnel issues, as provided in the Town Charter, while the Sewer Commissioners will retain authority over sewer plans, policies, rates, etc.

However, a minority of Finance Committee members argue that the amendment is an attempt by Selectmen to retain control of the sewer department.

The amendment adds new wording to the Sewer Commissioners Act, including the following: “The Board of Sewer Commissioners’ authority and sewer superintendent’s responsibilities are intended to pertain only to the technical operation of the sewer system and facilities. The Town Administrator shall continue to maintain and exercise administrative control over personnel …”

Finance Committee member Marilyn Jordan said the “technical operations” phrase shrinks the fiscal authority of the commissioners and that the amendment might affect the April elections.

Town Attorney Rich Bowen and other town officials assured dissenters that regardless of whether the amendment is passed or not, it will have no effect on the April 1 elections taking place.

Parker Mills Pond Dam

The Parker Mills Pond Dam was classified as a High Hazard Potential Dam by the Office of Dam Safety at the Department of Conservation and Recreation, which means its failure would likely impact loss of life and damage to homes and commercial facilities.

The dam, which supplies water to the area cranberry industry, is located across from the Tremont Nail Factory. The Elm Street bridge, which was indefinitely closed on June 20, is part of the dam.

In its August 2014 report, the Executive Office of Energy and Environmental Affairs said, “The Parker Mills Dam faces a multitude of repairs in order to maintain public safety.” It said a recent inspection of the dam found the dam in poor condition with, “displaces and unstable upstream wall sections, sinkholes and leakage . . . and deterioration of concrete,” as just some of the problems.

The state has awarded the town a $165,000 grant for the project as well as a $835,000, two percent interest loan to the Community Preservation Committee for the $1.2 million project.

“The Parker Mills Dam underlies the road [Elm Street] with its failing bridge culverts and other weakening issues. The bridge is not safe and the Town must repair the bridge, road and dam,” the Finance Committee wrote in its recommendation to take the available funds. A more detailed story including other Community Preservation funded Town Meeting items is available here.

Community Events Committee

The Community Events Committee provides promotional funds for community events, activities, projects, and programs “which are of mutual interest to the visitors and residents of the Town of Wareham.”

The Committee was established by a state act in 2007 and funded with 70 percent of Wareham’s hotel/motel excise tax and 40 percent of the parking meter funds.

But the wording of the act only granted the committee funding for 2007, even though officials claim the idea behind the act was to provide continuous funding.

The committee is asking to receive 25 percent of parking meter fees and 20 percent of the town’s hotel/motel tax annually. The proposal also puts a cap on the total amount the committee can receive at $60,000.

The Committee has spent an average of $48,174 on 15 to 16 events per year for the last five years.

Committee Chair Susan Ricci-Sohn believes that the Committee helps drive the tourism economy and is also entitled to some of the parking kiosk profits since the committee gave $21,000 to the town to establish the kiosk program in 2013. The committee has yet to be reimbursed that figure from the town. More on this story is available here.

New gas stations

A measure making it easier to build new gas stations in town, something that is essentially impossible at present, will go before Town Meeting voters. The item is sponsored by Chris Gabriel, owner of Mr. Chris Haircuts at 2512 Cranberry Highway.

Teitelbaum said that five to ten years ago, the town voted to amend its zoning bylaws and disallowed building gas stations in every zoning district in town.

“Times change. We’ve lost some filling stations in town,” he said. “I don’t see any reason not to allow it in this particular zoning district.”

The plan would allow gas stations to be built via a special permit granted by the Zoning Board of Appeals and would also have to meet the following criteria:

The land must be within 2,000 feet of a federal highway or interchange, have direct access (frontage) on Cranberry Highway and the lot must be at least an acre in size. More on this story is available here.

Wetlands Protection Bylaw amendment

Two sets of residents have spent the better part of three years fighting each other over whether one set of families can build a walking path across wetlands from their houses to Onset Bay.

Now, an amendment to the Wareham Wetlands Protection bylaw, to make it comply with the Americans with Disabilities Act, will go before Town Meeting. The amendment was inspired by, and will have a major effect on, this land dispute.

Three years ago, three families who own property on Winship Avenue bought land to create a walking path for their families, which include a disabled veteran, to Onset Bay. On Dec. 27, 2011, the plan was initially approved by the town Conservation Commission. The families were allowed to alter the “No Activity Zones” within the wetlands to build the path.

Since then, the Clemmey family, who also own property on Winship Avenue, have repeatedly taken legal action to stop the construction of the path. This past May the Plymouth County Superior Court ruled in the Clemmey's favor, against the construction of the path.

The amendment to make the bylaw comply with the Americans with Disabilities Act was supported by the families involved in building the path, while the Clemmeys and their attorney say the ADA does not apply to privately owned property. More on this story is available here and here.

Also included in the agenda are items dealing with how to spend parking kiosk revenues, capital item purchases such as police radios and street light repairs and an engineering a project to fix the Swifts Beach sewer system. Town Moderator Claire Smith suggested that voters arrive to Town Meeting early to avoid forming long lines when the meeting starts at 7 p.m.