← Chatham Select Board

Chatham Select Board · 2024–2025 Board · Regular meeting

November 12, 2024

11 recorded votes, 2 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Michael Schell, Dean Nicastro, Shareen Davis, Jeffrey Dykens, Cory Metters

Absent: None

Every vote, in order

A. October 29, 2024

Approve the minutes of October 29, 2024 as amended

Minutes, page 2

ProceduralPassed · Unanimous, 5 present

To approve the minutes as amended

From the minutes

“Mr. Metters made a motion to approve the minutes as amended. Second: Mr. Dykens Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Metters, second: Dykens)

Read it in the official minutes, page 2 (PDF)

B. Consider Waiver of Municipal (Building) Fees for Monomoy Community Services,

Grant a fee waiver to Monomoy Community Services, Inc. at 166 Depot Road based on the unique operational space and coordination of services to be afforded by the project and on Monomoy Community...

Minutes, page 9

ApprovePassed · Unanimous, 5 present

To grant a fee waiver to Monomoy Community Services, Inc. at 166 Depot Road based on the unique operational space and coordination of services to be afforded by the project and on Monomoy Community Services and the Chatham Children’s Fund’s long history of community benefit

From the minutes

“Mr. Nicastro made a motion to grant a fee waiver to Monomoy Community Services, Inc. at 166 Depot Road based on the unique operational space and coordination of services to be afforded by the project and on Monomoy Community Services and the Chatham Children’s Fund’s long history of community benefit. Second: Mr. Dykens Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Nicastro, second: Dykens)

Read it in the official minutes, page 9 (PDF)

C. Encroachment on Town Property Policy Revisions – Town Manager Jill Goldsmith

Approve the policy revisions and form of license as presented

Minutes, page 10

ApprovePassed · Unanimous, 5 present

To approve the policy revisions and form of license as presented

From the minutes

“Mr. Dykens made a motion to approve the policy revisions and form of license as presented. Second: Ms. Davis Board discussion continued regarding encroachments throughout Town and the need for a mechanism for the Town to address them. It was clarified that the proposed license is not transferable. Suggested amendments to the license were provided to Town Counsel Liz Lydon. Chair Schell entertained public comment. Sue Hacey, Chatham, felt that the appeal process is not equitable and has not been handled uniformly throughout Town. She asked that the Board postpone any action on this matter. The Board stated it will address the general matters of the proposed amendments to the policy and then address the individual property owners at a future date. Otherwise, if the amendments to the policy and the license agreement are not made, the enforcement mechanism would be removal. Annie Holton, Chatham, requested clarification on what is allowed on the 10-feet of Town owned property and what is considered the original condition of the Town owned property. Robert Nelson, Chatham, questioned the definitions in the policy, taking any actions that limit access to the property; required to restore land to the original condition; classifications and the use of the word “incursion.” He asked what is acceptable to connect private property to the Town owned land (asphalt, paver, etc.). He stated that he felt that Level I incursions are subjective and asked who makes those decisions. He asked the Board to table this item. Juris Ukstins, Chatham, expressed his opposition to the portion of the by-law that states if any roadside violation is not corrected within seven days saying it is unrealistic. He also felt that the proposed 30-days response from the Select Board is also unacceptable. Jennfier Ukstins, Chatham, asked how the policy will be enforced, if implemented. Town Manager Goldsmith stated that since enacting the policy in 2019, it has been passive enforcement. Some cases are responding to complaints and other times it is something observed by Town staff and/or the police department. The Mainsheet would be used to let people know that this policy is being implemented. There will be an education campaign. There was a question as to whether to increase the 30-day period to 60-day appeal period. Mr. Litchfield stated that with regard to the 30-day appeal period from the Select Board, the bylaw is already in place. It is not adequately or consistently enforced. The policy is the only place the edit for response time may be implemented. There was a consensus of the Board to extend the appeal period to 60-days. Atty. Lydon stated she would incorporate the comments and suggested edits from the meeting into the policy and draft licenses. Chair Schell called for a vote. Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Dykens, second: Davis)

Read it in the official minutes, page 10 (PDF)

1. Chatham Paint and Hardware from 5:00 pm – 9:00 pm at 624

Grant Paul Fox of Chatham Paint and Hardware a Special One-Day Alcohol License for Friday, December 13, 2024 from 5:00 pm to 9:00 pm at 624 Main Street, Chatham

Minutes, page 12

ApprovePassed · Unanimous, 5 present

To grant Paul Fox of Chatham Paint and Hardware a Special One-Day Alcohol License for Friday, December 13, 2024 from 5:00 pm to 9:00 pm at 624 Main Street, Chatham

From the minutes

“Ms. Davis made a motion to grant Paul Fox of Chatham Paint and Hardware a Special One-Day Alcohol License for Friday, December 13, 2024 from 5:00 pm to 9:00 pm at 624 Main Street, Chatham. Second: Mr. Dykens Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Davis, second: Dykens)

Read it in the official minutes, page 12 (PDF)

2. Sundance Clothing from 10:00 am – 11:00 pm at 497 Main Street

Grant a Special One-Day Alcohol License to April Cabral of Sundance Clothing for Friday, December 13, 2024 from 12 noon to 10:00 pm at 497 Main Street, Chatham

Minutes, page 12

ApprovePassed · Unanimous, 5 present

To grant a Special One-Day Alcohol License to April Cabral of Sundance Clothing for Friday, December 13, 2024 from 12 noon to 10:00 pm at 497 Main Street, Chatham

From the minutes

“Mr. Dykens moved to grant a Special One-Day Alcohol License to April Cabral of Sundance Clothing for Friday, December 13, 2024 from 12 noon to 10:00 pm at 497 Main Street, Chatham. Second: Ms. Davis Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Dykens, second: Davis)

Read it in the official minutes, page 12 (PDF)

3. Forest Beach Designer Goldsmiths from 5:00 pm – 9:00 pm at 436

Grant a Special One-Day Alcohol License to Steve Wardle of Forest Beach Designer Goldsmiths for Friday, December 13, 2024 from 5:00 pm to 9:00 pm at 436 Main Street, Chatham

Minutes, page 13

ApprovePassed · 4–0

To grant a Special One-Day Alcohol License to Steve Wardle of Forest Beach Designer Goldsmiths for Friday, December 13, 2024 from 5:00 pm to 9:00 pm at 436 Main Street, Chatham

Yes: Davis, Dykens, Metters, NicastroMichael Schell is not listed in this roll call.

From the minutes

“Mr. Dykens moved to grant a Special One-Day Alcohol License to Steve Wardle of Forest Beach Designer Goldsmiths for Friday, December 13, 2024 from 5:00 pm to 9:00 pm at 436 Main Street, Chatham. Second: Ms. Davis Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes.” (Motion: Dykens, second: Davis)

Read it in the official minutes, page 13 (PDF)

4. Cape Cod Commercial Fishermen’s Alliance – Meet the Fleet Event

Grant a special One-Day Alcohol License to Brigid Krug of the Cape Cod Commercial Fishermen’s Alliance for the Meet the Fleet event on Tuesday, November 19, 2024 from 5:00 PM to 7:00 PM at 1566...

Minutes, page 13

ApprovePassed · Unanimous, 5 present

To grant a special One-Day Alcohol License to Brigid Krug of the Cape Cod Commercial Fishermen’s Alliance for the Meet the Fleet event on Tuesday, November 19, 2024 from 5:00 PM to 7:00 PM at 1566 Main Street, Chatham and that confirmation of the review of the Select Board is provided to Town Manager’s Office that the Board reviewed and approved according to the presented documents

From the minutes

“Mr. Metters made a motion to grant a special One-Day Alcohol License to Brigid Krug of the Cape Cod Commercial Fishermen’s Alliance for the Meet the Fleet event on Tuesday, November 19, 2024 from 5:00 PM to 7:00 PM at 1566 Main Street, Chatham and that confirmation of the review of the Select Board is provided to Town Manager’s Office that the Board reviewed and approved according to the presented documents. Second: Mr. Dykens Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Metters, second: Dykens)

Read it in the official minutes, page 13 (PDF)

E. Consider Requests for Extensions of Seasonal Liquor Licenses – Licensing Agent

Extend the seasonal liquor licenses for: • 539 Main Street Bistro LLC, Viera/Bistro through December 31, 2024 • Codo through January 15, 2025 • The Chatham Cut through January 15, 2025 • The...

Minutes, page 14

ApprovePassed · Unanimous, 5 present

To extend the seasonal liquor licenses for: • 539 Main Street Bistro LLC, Viera/Bistro through December 31, 2024 • Codo through January 15, 2025 • The Chatham Cut through January 15, 2025 • The Captain’s Table through January 15, 2025 • Chatham Sunrise through January 15, 2025

From the minutes

“Mr. Dykens made a motion to extend the seasonal liquor licenses for: • 539 Main Street Bistro LLC, Viera/Bistro through December 31, 2024 • Codo through January 15, 2025 • The Chatham Cut through January 15, 2025 • The Captain’s Table through January 15, 2025 • Chatham Sunrise through January 15, 2025 Second: Mr. Nicastro Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Dykens, second: Nicastro)

Read it in the official minutes, page 14 (PDF)

i. Board of Health – Alternate

Choice vote between Kale and Weishaar

Minutes, page 14

AppointPassed · No count or names in the minutes

Choice between nominees: Kale; Weishaar

A choice between nominees, so no Yes/No votes are shown. The roll call reads: Cory Metters: Weishaar; Jeffrey Dykens: Weishaar; Shareen Davis: Kale; Dean Nicastro: Weishaar; Michael Schell: Kale. The second is recorded as “Mr. Nicastro”, not a Select Board member.

From the minutes

“Ms. Davis made a motion to appoint Joanna Kale as an alternate member of the Board of Health until June 30, 2025 unless sooner revoked or a successor is appointed. Second: Mr. Schell Mr. Metters made a motion to appoint Ron Weishaar as an alternate member of the Board of Health until June 30, 2025 unless sooner revoked or a successor is appointed. Second: Mr. Nicastro There was discussion about providing an advisory role to one of the two candidates. Some members of the Board felt that there was a lack of connection with the Board of Health and if any type of advisory position was placed, that would be the best capacity for an advisory position. Chair Schell called the vote. Roll Call Cory Metters: Weishaar Jeffrey Dykens: Weishaar Shareen Davis: Kale Dean Nicastro: Weishaar Michael Schell: Kale.”

Read it in the official minutes, page 14 (PDF)

ii. Chatham/Harwich Wastewater Intermunicipal Agreement (IMA) Advisory

Appoint Bruce Bogardus until June 30, 2027 and to reappoint David Whitcomb as a member until June 30, 2027 as members of the Chatham/Harwich Wastewater IMA Advisory Board unless sooner revoked or...

Minutes, page 16

AppointPassed · Unanimous, 5 present

To appoint Bruce Bogardus until June 30, 2027 and to reappoint David Whitcomb as a member until June 30, 2027 as members of the Chatham/Harwich Wastewater IMA Advisory Board unless sooner revoked or a successor is appointed

From the minutes

“Mr. Nicastro made a motion to appoint Bruce Bogardus until June 30, 2027 and to reappoint David Whitcomb as a member until June 30, 2027 as members of the Chatham/Harwich Wastewater IMA Advisory Board unless sooner revoked or a successor is appointed. Second: Mr. Dykens Roll Call Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Nicastro, second: Dykens)

Read it in the official minutes, page 16 (PDF)

Adjourn the meeting

Minutes, page 16

ProceduralPassed · Unanimous, 5 present

To adjourn the meeting

From the minutes

“Mr. Dykens made a motion to adjourn the meeting. Second: Ms. Davis Roll Call: Cory Metters: yes Jeffrey Dykens: yes Shareen Davis: yes Dean Nicastro: yes Michael Schell: yes.” (Motion: Dykens, second: Davis)

Read it in the official minutes, page 16 (PDF)

From the Chatham Select Board’s official minutes on mytowngovernment.org, where the town posts them. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: Town of Chatham (town website, Select Board Members).

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