Sandwich Special Town Meeting approves wastewater disposal measure, ADU bylaw amended
SANDWICH — From wastewater treatment contracts to Sandwich Boardwalk reconstruction appropriation to stretch energy codes, Sandwich Special Town Meeting spanned a spectrum of topics that can impact everyday life.
Just shy of 150 Sandwich community members attended the meeting on Monday night. Article 5 presentations surrounding wastewater solutions and contractual agreements with Joint Base Cape Cod dominated the evening.
George Dunham, Sandwich town manager, spoke at length about the importance of the article and said its passage would allow the Sandwich Board of Selectmen to petition the Legislature for special legislation, to provide for wastewater treatment and disposal and authorize the town to contract for wastewater treatment and disposal services at Joint Base for up to 99 years. The article also exempts the contract from public bidding requirements because the contract is going through a sole source provider.
"It can often take up to 18 months to get special access to the Legislature so we will be working closely and as hard as we can to get this done sooner," Dunham said.
Section two of the article authorizes the town to acquire easements or other property interests that would be required to connect to the Joint Base Cape Cod system.
Any capital contributions made by the town for improvements at or on base property would be eligible for funding under the Massachusetts State Revolving Fund or "SRF Fund," Dunham said. That would allow the town to issue debt for up to 30 years for those expenses.
By moving forward with wastewater solutions, Dunham said the town would be eligible for expanded SRF funds that would include all portions of work done on the base. The passage of Article 5 will also help the town, in addition to surrounding towns, be eligible for state assistance in terms of reducing interest-rate borrowing costs, said Dunham.
"It's important regionally because if you are eligible for SRF funds, you are also eligible for Cape Cod and Islands water protection fund money as well," Dunham said,
Another important aspect of Article 5, said Dunham, is Section 4, which authorizes the town to enter municipal agreements or joint power agreements with Barnstable, Bourne, Falmouth, and Mashpee, in addition to any other governmental entity for wastewater treatment and disposal at the base.
Because Sandwich, in addition to any other Southeastern community in Massachusetts, must implement wastewater solutions to address impaired nitrogen-sensitive areas, said Dunham, inaction will lead to forced, more expensive solutions.
"It's important to know that Article 5 does not apply any money. All future funding requirements for any of our wastewater efforts will require future town meeting approval," Dunham said. "We are trying to set the course for what are going the next 50 years and I can't stress enough the critical importance (the article) is for our town and we ask for your support."
Article 5 passed unanimously without discussion.
Stretch energy code passage could bring grant money to Sandwich
Another highlight of the evening was Article 7, which involved stretch energy codes — one of five requirements needed before Sandwich can be designated a green community. Heather Harper, assistant town manager, gave a presentation and said stretch energy codes emphasize energy performance, and are designed to result in cost-effective construction that is more energy efficient. Stretch energy codes will apply to residential and commercial buildings but do not apply to existing construction.
Harper also gave background on the Green Communities Act, which aims to reduce reliance on fossil fuels and increase energy resilience throughout communities. If the town can meet all five requirements, including zoning for renewable energy; select board certification requirements for expedited permitting for renewable energy; established energy baseline and energy reduction plans; fuel-efficient fleet policy and vehicle inventory, Sandwich will be eligible for additional grants, said Harper.
Since the inception of the stretch energy code, said Harper, over $4.5 million has been distributed across the Cape including $619,394 in Mashpee.
"Those really relate to the types of projects that help you meet your goals," Harper said. "The Green Communities Act provides funding every year and if the town met that criteria we would be eligible to see additional funding."
While there were several community members who voted against Article 7, the main motion carried with the majority of attendees voting in its favor.
Sandwich Boardwalk decisions delayed once again
While Article 12 asked attendees to vote on whether to raise and appropriate or transfer funds for Sandwich Boardwalk construction, remodel, and repairs, Charles Holden, chair of the Board of Selectmen put forth a motion to indefinitely postpone a vote. A murmur of dismay traveled through the crowd.
Dunham explained that the postponement is in response to federal permits, which were intended to be received in early November. Because the timeline for the permits was pushed back to mid-December, at a minimum, said Dunham, Article 12 must be indefinitely postponed.
"When we went out to bid to reconstruct the boardwalk, the bids were originally due the first week in November and we are still waiting for a federal permit," he said. "Article 12 was added to the warrant, under the assumption that bids would open early in November."
An indefinite postponement for Article 12 passed unanimously.
Sandwich landfill flare blower replacement approved
Article 1 asked the town to raise and appropriate $709,468 to purchase and repair equipment, vehicles, and buildings, and provide related services including a landfill flare blower replacement for $60,000. Sandwich resident Steve Barr questioned the landfill flare blower replacement and inquired about possible methane pollution.
"I suggested years ago that we cap the landfill and capture the methane so that the people in this town can get free natural gas," he said. "Nobody was interested. Environmental Gestapos are coming down on everybody about methane."
Dunham replied to Barr, and said the burn-off flare has been inactive at the landfill since it was capped 20 years ago.
"It doesn't burn continuously. It burns very infrequently. It needs to be replaced because it's old. We can't get parts for it anymore. We have to fly someone in from out of state to repair it so this would replace the current burn-off device and upgrade it," Dunham said. "It doesn't run constantly so there's not a huge volume that comes off that could be captured."
Article 1 passed 146 to 1.
Article 2 asked voters to impose an excise tax of 3% on the sale of marijuana and passed unanimously. Article 3, which will add a revolving fund for the Center for Active Living expenses, also passed unanimously.
Article 4 included a presentation from Dunham about a fiscal year 2021 invoice.
"This is a bill that fell through the cracks. There's a state law that if you don't pay a bill in the fiscal year in which the cost was incurred, you have to come to town meeting to pay the bill from a subsequent year," he said. "We are taking it from this year's legal budget so it's not appropriating any money."
Article 4 passed unanimously.
Article 6, which decreased a $455,000 appropriation made at the May 2021 town meeting by $225,827 passed unanimously, with excess funds will be transferred to the Massachusetts Drinking Water Supply Grant Program.
Voters approve amendments to Sandwich Protective Zoning By-laws
Voters unanimously approved Article 8, an amendment to the Sandwich Protective Zoning By-laws by removing a footnote in relation to minimum lot area requirements for all principal uses in residential districts located within a Water Resource District.
Article 9, also moved to amend protective zoning by-laws in relation to Accessory Dwelling Units or ADUs. While voters were asked to vote on the removal of a footnote, Barr stepped to the microphone for a discussion on the legal definition of an ADU.
"The definition of ADU is a unit is a separate unit on the same property with the same utilities. One water bill, one gas bill, one electric bill," Barr said. "If we vote this, I'm going to be allowed to just plop a second unit on properties. If you eliminate the requirement and change the definition of ADU you just have allowed two-family houses to be built just anywhere because in Article 8, you threw out the lot requirement."
Article 9 passed unanimously.
While Article 10 also asked voters to amend the Sandwich Protective Zoning By-laws, the subject moved to address large-scale canopy solar procedures and dimensional and density requirements for the purpose of allowing large-scale canopy solar projects. Alterations to the definition of procedures, and dimensional and density requirements would be made with the passage of the article.
Article 10 required a 2/3 vote and passed.
Alterations were also made to the Sandwich Protective Zoning By-laws for Article 11 in relation to affordable housing conditional density development and standards, as well as to the number of dwelling units allowed in an affordable housing conditional density development.
Article 11 passed unanimously.
Contact Rachael Devaney at rdevaney@capecodonline.com. Follow her on Twitter: @RachaelDevaney.
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This article originally appeared on Cape Cod Times: Sandwich Town Meeting approves wastewater disposal, ADU bylaw chances
