Westport News

Members Present:        Veronica F. Beaulieu, Chairman
                                  J. Duncan Albert, Vice Chairman
                                  Steven J. Ouellette
                                  Robert P. Rebello
                                  Gary E. Mauk, Clerk

Also Present:            Charlene R. Wood, Town Administrator
                               Michael Coughlin

Also Attending:
Shellfish Warden – Gary Sherman
Emergency Management – Michael McCarthy
Conservation Commission – Richard Lambert, John Reynolds, Thomas McGarr,
                                              Susan Pedreira
Conservation Commission Agent – Anne Phelps
Beach Committee – Robert Carroll, Margot Desjardins
Board of Health – John Swartz, James Walsh, Donna Lambert, Sean Leach
Building Inspector – John McNally
Planning Board – Wayne Sunderland
Highway Department – Jack Sisson

Ms. Beaulieu called the Board of Selectmen meeting to order at 5:00 p.m. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.

Ms. Beaulieu announced that this was a joint meeting with the Board of Health, Conservation Commission, Highway Department, Emergency Management, Building Inspector and Beach Committee regarding East Beach Issues. Ms. Beaulieu noted that there was a lot of damage from the recent storm that hit the area.  Ms. Beaulieu noted that clean up efforts were ongoing and that shortly it would be time for the trailers to be placed at East Beach.  There are some concerns and hopefully we can tend to them at this meeting.

Ms. Beaulieu reviewed the Rules & Regulations sheet of the trailer application.  Ms. Beaulieu noted that at least 80 to 90 percent of the trailer permits for East Beach have been picked up.

Mr. Carroll stated that the Beach Committee was concerned with providing a viable and enjoyable recreation area.  The Beach Committee was recommending to the Board of Selectmen to move the road and reestablish the Town-owned 50’ right of way.  The right of way now is only 30’ wide.  The right of way runs from Town Beach to Gooseberry and is for pedestrian traffic.  Mr. Carroll stated that after the recent storm, East Beach was decimated. The Highway Department needs more than one day to clean the mess.  The public has the right to access the beach and the Beach Committee would like to rewrite the trailer bylaw.

Ms. Wood stated that there are conditions only to the trailer permit, there is no bylaw.

Mr. Sherman provided pictures of East Beach; the morning after the storm hit and caused all the damage.

Ms. Beaulieu stated that her major concern was for this coming summer, when there are trailers down at East Beach from May 1st to November 1st.  Ms. Beaulieu noted that luckily, this storm hit when there were no trailers to contend with yet.  Ms. Beaulieu stated that she believed that the Town was not in any condition to allow any trailers at East Beach yet.

Ms. Beaulieu asked the attending boards and committee members, for input regarding whether they wanted to add any type of language to the condition sheet of the trailer permit application.

Mr. McNally reminded everyone that fences under 6’ high and sheds less than 12’ x 10’ did not require any building permits.  At this time, electrical inspections are required.

Mr. Mauk asked if the Town could have a stricter rule regarding sheds on East Beach.

Mr. McNally said there will be stricter codes, especially because this area is in a flood zone, which will be available in the building code, but as of right now, there is nothing.  Also, with the new stricter codes for flood zones, any building will have to meet FEMA’s codes.

Mr. Reynolds said that there are a number of resource areas located at East Beach.

Mr. Albert stated that #2 of the conditions is typical because of hurricanes and #9 is for removal of vehicles within 72 hours of the time period specified on the permit.  Mr. Albert asked if #2 and #9 could be combined.

Mr. Mauk recommended a fee of $500.00 with a sign-off from the Board of Health, Conservation Commission and the Building Department for yearly permits, in addition to having the Highway Department put a strip in the front of each property with a lot number for safety reasons.  The public landing should also be striped on the road for identification.  Mr. Mauk felt that a $1,000.00 bond, which would be held in the Treasurer’s Office should be collected in case of having to clean off a lot at the end of the season.

Ms. Pedreira stated that residents down at the beach should be in compliance with the Wetlands Protection Act and some activities need to be identified along with the lots being identified.  As for the Conservation Commission, Ms. Pedreira said that the Commission would like some communication with the Highway Department as for the maintaining of the roadway.

Mr. Sisson stated that his concern is that Sgt. Jeffrey Majewski should be contacted in regards to painting the roadway.

Ms. Pedreira stated that she did not mean to imply that the Highway Department was wrong, just that the Town needs to comply with the laws also.

Mr. Mauk asked what the trailer owner needed to do to comply with Conservation.

Mr. Reynolds said that to just put a trailer on a lot is not a problem, but to alter the lot, the Conservation Commission should be notified.  Mr. Reynolds stated that he would like the Town to delineate the whole area.

Mr. Mauk asked the Conservation Commission members that if the trailer and its accessories were all removable, would they have any problems with that.

Mr. Reynolds said that in his personal opinion, to just move around cobble was not a problem.

Ms. Pedreira said altering means bringing in more cobble, crushed shells, etc.  A letter could be sent to the Conservation Commission to explain what the trailer owner was doing.

Mr. Lambert stated that perhaps a shed could be on a small trailer, making it easier and faster to remove.

Mr. Albert stated that #9 of the regulations should have added in “all sheds and platforms” after the wording recreational vehicle, along with #3 “platform” added in also.

Mr. Albert stated that the point of this should be, if the owner brings in whatever, then it should be brought home with all the rest of their belongings.

Ms. Beaulieu stated that the wording on the regulations should include all sheds, platforms and belongings on the permit.

Mr. McGarr stated the damage from the recent storm was on the south side lots rather than the north side.  The stone and sand was from the south side.  The north side has moved toward the marsh.  Any activity of people on the north side should not be to tolerate pushing anything toward the marsh and on the other hand, given carte blanche to remove anything is not a good thing either.

Mr. Sherman agreed that all items should be removed from the lots.  The damage that incurred was only due to a minor storm, image what the damage would be with a significant storm.
Mr. Leach spoke on tight tanks and septic systems on the beach lots.  Mr. Leach stated that back in 1991, tight tanks were not supposed to be permanent fixtures.  Back in 1992, there was storm around Halloween and a policy should have been followed to rebuild in sensitive areas.  No tight tanks are to be permanent solutions.  If systems do not meet the Title V code, the septic system is not grandfathered.  There are approximately 35 to 40 tight tanks on the beach presently.  A lot of them have been exposed due to the wave action.  Today, under Title V, none of the tight tanks meet code.  In Mr. Leach’s opinion, the tight tanks should be removed, but yearly, the tanks should be tested and emptied.

Mr. Albert asked if the Town should have the trailer owners submit proof of a pump out and during the course of the summer season.

Ms. Wood stated that is already a practice to get a pump out record for the beginning of the year.

Mr. Leach suggested a monthly inspection report for pumping out and this would apply to tight tanks and self-contained tanks on the trailers.

Mr. Albert suggested that receipts should be presented as proof of being pumped out and emptied.

Mr. Leach stated that in making guidelines, it should be done according to the tank size.  There should also be maintenance agreement for both tight tanks and septic systems.  Mr. Leach noted that the Board of Health does not collect any fees from the trailer permits.

Mr. Walsh said that a test is done over three days, with each day taking about 10-15 minutes plus travel.  Mr. Walsh said that if there was a charge, it should be about $75.00 to $100.00 per lot.

Mr. Albert stated that people with self-contained trailers should not be charged.

Ms. Pedreira stated that under the Wetlands Protection Act, the State allows the Commission to charge fees, the Town’s share of a RDA is $55.00 and an NOI is $50.00.

Mr. McNally stated that the Building Department collects fees in the amount of $40.00 per permit, $20.00 of which goes to the inspector.  There is also an electrical inspection fee of $30.00 per box.  As for propane tanks, the Building Department does not permit them but the Fire Department may perhaps.

Ms. Wood noted that the wiring inspections could be done several lots at a time.

Mr. Mauk said that he was looking at incorporating a bond to cover the Town’s costs.

Ms. Beaulieu stated that all of this discussion was okay for next year, but for now, we have people waiting to hear about May 1st permitting.

Ms. Pedreira stated everyone should be held accountable, just like the rest of the Town.  She stated that she encouraged the Board of Selectmen to be strong on this point.

Mr. Leach stated that he believed eight tight tanks have been compromised.

Mr. Walsh stated there are only five problem tanks left, with three already resolved.

Mr. Leach said that the question is if the Board of Health can pass some kind of sunset law for tight tanks.  The DEP has outlined this in three separate letters.  If it was not there before 1995, there should be no more.  The Board of Health would issue a cease and desist under any other circumstance.

Mr. Albert stated that if they are not permitted anywhere else in Town, the Board of Health needs to enforce the law.

Ms. Desjardins asked if anything could be included on the permit application for further information regarding the lot.

Mr. Walsh also stated that a good piece of information would be to get the manufacturer’s list of how many people the trailer was designed to sleep.

Mr. Rebello stated that according to the permits, there should be only one trailer per lot.

Ms. Wood noted there are people at East Beach who only come down on the weekends and some hardly come at all.  Why would they need to constantly report a pump out.

Mr. Albert said that a pump out provision for scheduling could be included on the permit.

Mr. McGarr stated that many trailers have two tanks, one for gray water and one for black water.  Many campgrounds have a honey-wagon, which goes around and empties tanks so the trailer and or tank do not have to be moved.

Mr. Sunderland stated that over the course of the year, a pump out station maybe the answer for the future.

Mr. McCarthy said that Horseneck State Beach has an agreement with trailers on East Beach.  Also, on the trailer permit conditions/agreement, # 1, 2 and 3 are all tied together.  In an emergency, there is not time to remove platforms and sheds, decks, etc.  And in turning over a picnic table, that does not make it not float.  During an emergency, the sheds, decks, etc. should be able to be removed with a trailer.  Some of these sheds have gas, oil and propane stored in them.  Grills need to be removed also.  The Town does not have the ability to remove all this before any storm.  Mr. McCarthy also noted that for the most part people are willing to co-operate, but it is the same people who are still not co-operating.

Mr. Carroll stated the Beach Committee is very interested in the 19’ right of way issue.  It should be noted on the application that 19’ on the beach side is Town property.

Motion made by Mr. Mauk to have the Town Administrator update the permit application and permit conditions/agreement and the rules and regulations with everything that was covered at this meeting, then to present it to the Board of Selectmen, with the same being forwarded to the Conservation Commission and Board of Health for input.  Also, the Town Administrator is to look at the actual permit to make sure it is in accordance with tonight’s conversations and recommendations.  Second by Mr. Albert.  The Board Voted Unanimously in Favor.

Mr. Coughlin stated perhaps a policy would be developed that only allows a trailer.  Mr. Coughlin stated he would check with legal counsel and will report back to the Board of Selectmen with his recommendations.  There was a storm and these were pre-existing conditions; certain issues can be acted upon without further Board of Selectmen authority such as the Board of Health issues and code enforcement.

Ms. Beaulieu requested that this request be in place before their next meeting with the Beach Committee.

Mr. Mauk stated that in the spirit of the motion, he would like to see that sheds be limited to 8’ widths.

Mr. Coughlin said that the Town is going into this season already, but at the end, there will be a clean beach and he will be working with the various boards to do so.

Ms. Beaulieu noted to Mr. Coughlin the following two items to be placed on a future agenda are the 19’ road movement and fees.

Mr. Sunderland stated that moving the road would be costly and as for the pathways, the Beach Committee should be able to point them out.  Somewhere down the line, markers should be placed.

Motion made by Mr. Rebello to get an opinion from Safety Officer Sgt. Majewski for input in marking the lots and public landing.  Second by Mr. Mauk.  The Board Voted Unanimously in Favor.

Ms. Beaulieu thanked the various boards for attending the meeting and giving their input on this matter.

Other matters:
Ms. Wood stated that May 9th or 10th would be the dates for Legal to be available regarding IOD’s.  Tentatively, May 9th at 4:30 p.m. has been set.

Ms. Wood asked if any of the Board members would want to be available for a photo when the biofuel is delivered.  No Board members wished to attend.
Ms. Beaulieu noted that Article 18 was being presented by Town Counsel but sponsored by the Board of Selectmen only.

Ms. Beaulieu asked if anyone had heard that Chapter 70 funds were cut from the State Budget for the School Department.

Ms. Wood stated no, Ms. Jane Loos’s figures were wrong but Ms. Provencal, Accountant would calculate after reviewing the website.

Ms. Beaulieu also stated that she attended a Finance Committee meeting regarding the Building Inspector position, along with the funding to take care of all the Capital Improvement Projects.  Ms. Beaulieu stated that there is thinking out there that being in debt is a good thing.  There will be a Finance Committee meeting on Tuesday at 5:30 p.m. and Mr. Mauk and Ms. Beaulieu will be attending.  Ms. Beaulieu noted that she is not in agreement to go to Town Meeting just to go into debt.

Mr. Mauk stated that he would accept the nomination to the JTPG since he has spoken with Mr. Sisson.
Motion made by Mr. Ouellette to appoint Gary Mauk as a Joint Transportation Planning Group member.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.


Motion made by Mr. Ouellette to adjourn the Board of Selectmen meeting at 7:34 p.m.  Second by Mr. Rebello.  The Board Voted Unanimously in Favor.

Adjournment.

Respectfully submitted,

Diane Pelland, Confidential Clerk
to the Board of Selectmen


APPROVED:   Gary E. Mauk, Clerk