Mashpee Planning Board
Minutes of Meeting
October 5, 2011 at 7:00 p.m.
Selectmen’s Meeting Room, Mashpee Town Hall
Approved 4-0 on October 19, 2011
CALL TO ORDER
The Town of Mashpee Planning Board meeting was opened with a quorum in the Selectmen’s Meeting Room at Mashpee Town Hall by Chairman Waygan at 7:00 p.m. on Wednesday, October 5, 2011 and the Pledge of Allegiance was recited.
Planning Board Members Present: Chairman Mary Waygan, Vice Chair Joe Mullin, Clerk George Petersen, Dennis Balzarini,
Absent: David Kooharian
Also Present: Tom Fudala-Town Planner, Charles Rowley-Consultant Engineer
APPROVAL OF MINUTES September 21, 2011
MOTION: Mr. Balzarini made a motion to accept the minutes of September 21st as written. Mr. Petersen seconded the motion. All voted unanimously.
SPECIAL PERMITS
Applicant: Duck Pond LP / Stuart Bornstein
Location: 106 Falmouth Road (Route 28)
Request: Modification of Special Permit to approve revised site plan and request for approval of occupancy permit. (Continued from 9-21-11)
Chairman Waygan read the request. Mr. Fudala reported that a revised plan had been submitted and that a decision had been drafted for consideration by the Board. Mr. Fudala visited the site and reported that everything had been fixed. Regarding the location of the trees, an aerial photograph had been used to properly identify their siting on the plan.
MOTION: Mr. Balzarini made a motion to not require a public hearing for this modification. Mr. Mullin seconded the motion. All voted unanimously.
Mr. Fudala indicated that many of the conditions were similar to the 2009 decision. A copy of the decision was provided to Mr. Bornstein. Mr. Fudala read the proposed decision conditions. Regarding the dirt piles in #1, Mr. Bornstein reported that he utilized the piles of dirt to provide fill onsite and other locations in Mashpee, adding that it was not a large pile but that he would move it to the back of the site within the next 5 days. Regarding #2, Mr. Fudala indicated that the new plan reflected the location of the trees but that he would be visiting the site again to confirm the location of trees intended to fill in the gap. Mr. Bornstein stated that the trees were placed in the gap but if they were in the wrong location, he would have them moved. Mr. Bornstein reported that he
had sent letters to the Fire and Police Departments, in reference to condition #3, and that he would forward copies of the acknowledgement to Mr. Fudala. Mr. Fudala stated that he had not been in receipt of the maintenance contract as required in condition #4 and Mr. Bornstein responded that it had been sent two months ago but that he would re-send it. Regarding condition #5, Mr. Bornstein will remove the lighting of the sign. Wording was changed for condition #6 since the septic was not being used, making it premature to request testing. Mr. Bornstein had been in contact with the Board of Health who agreed and he reported that he would have the inspection completed once he had an occupant.
MOTION: Mr. Balzarini made a motion to approve the Modification of the Special Permit. Mr. Mullin seconded the motion. All voted unanimously.
The decision was signed by Mr. Petersen.
Applicant: Southport on Cape Cod Development LLC/MECO Environmental Services
Location: Southport retirement community, Old Barnstable Road
Request: Modification of Final Site Development Plan for Southport Phase I to allow installation of fueling station involving two fuel tanks (1000 and 660 gallons) and associated facilities behind sewage treatment plant. (Continued from 9-21-11)
Chairman Waygan read the request. Mr. Fudala highlighted information regarding the request, located in Board members’ packets. Greg Murphy of MECO Environmental Services, Inc. was present to discuss the request of the applicant. Mr. Murphy indicated that Southport, who handles their own property maintenance, was seeking their own small fuel supply for greater efficiency and safety and to be used for their own equipment. Mr. Murphy indicated that the design featured a 1,000 gallon gas tank and 660 gallon diesel tank, both of which would sit on a concrete pad and be protected by bollards and a positive limiting barrier (grooves). The entire area will be contained by a fence. Mr. Murphy referenced a previously mentioned idea to build a containment area, noting that it was not required, but
that it would consist of a wall around the fuel tanks able to contain 150% of the total fuel. Most fueling expected should be less than 5 gallons per transaction.
Mr. Balzarini inquired about the grooves and the availability of drains but Mr. Murphy explained that the concrete pad was designed to contain a fuel spill. Mr. Murphy stated that clips would be removed, as required, to prevent overflowing fuel. Mr. Rowley sited two regulations in his letter to include assigning responsibility for approval of the request with the Fire Department and a federal regulation for spill prevention, containment and counter measure plan. Mr. Rowley indicated that Southport’s plan would comply with the regulation. Mr. Rowley described the specifics of the drainage and containment area. There was also discussion about a spill kit and Mr. Murphy confirmed that there would be a spill kit onsite. Mr. Murphy further described the requirements of the SPCC Plan, noting
that the containment dike was not part of the requirement. Mr. Fudala noted that the request for the dike came from the Fire Department. Mr. Fudala added that the gas tank would be concrete and the diesel tank would be dual wall steel with monitoring. The fuel storage facility will be located behind the sewerage treatment plant.
Mr. Fudala read the conditions of the proposed decision. There was discussion regarding the location of the fire extinguisher related to condition #2, and it was decided that the Fire Department would determine its exact location.
MOTION: Mr. Balzarini made a motion to approve the Minor Modification of Final Site Development Plan for Southport Phase I allowing the installation of fuel station involving two fuel tanks (1000 and 660 gallons). Mr. Mullin seconded the motion. All voted unanimously.
Joel Clifford will identify the location of the fire extinguisher, and an amended plan must be submitted identifying its location.
PUBLIC HEARING
7:40 Public hearing regarding proposed zoning amendment for action at October 17 Annual Town Meeting which would amend Section 174-27.1 Development Agreements, Subsections B, C, D, F, G, H and I, based on recommendations from the Cape Cod Commission, to make the bylaw consistent with the Commission’s recently amended Development Agreement regulations.
The Public Hearing opened at 7:48 p.m. and the Chair read the Public Hearing notice. Mr. Fudala described information provided in the packets. Mr. Fudala pointed out that a typo had occurred, eliminating a sentence when the Article was entered onto the Warrant. Mr. Fudala recommended that an approval be subject to reinstatement of the sentence, located in bold on the second to the last page of the marked-up version. Mr. Fudala stated that an additional change to the Planning Board submitted Article was placing the Board of Selectmen in charge of the fees, which had been discussed previously. There was discussion regarding the ways in which the sentence could be added, either by making a motion from the floor or by motion direct from the Selectmen. Mr. Fudala recommended that the
Selectmen be contacted by memo requesting that the addition of the sentence be included in their motion. Mr. Mullin highlighted use of incorrect grammar in the Article, in G4 which should be “between” and not “by” and Mr. Fudala responded that the text was recommended by Cape Cod Commission attorneys.
There was no public comment.
MOTION: Mr. Balzarini made a motion to close the public hearing for the zoning article. Mr. Petersen seconded the motion. All voted unanimously.
Mr. Fudala noted that an additional change was made where parties were listed on page 2 under “C” and concerning the use of “municipalities” and “other municipalities.” Town Meeting will take place on October 17 at 7 p.m.
MOTION: Mr. Balzarini made a motion to recommend the Zoning Article with the exception of the minor modification, an omitted sentence to be put back in, by the Selectmen or on the Town floor. Mr. Petersen seconded the motion. All voted unanimously.
APPROVAL NOT REQUIRED PLAN
Applicant: Bayswater Development LLC
Location: Assessors Map 116, Block 75 off Great Oak Road at Abigail’s Brook
Request: Signature of 2 lot plan as “approval not required”
Chairman Waygan read for the record the request. Tom Bunker of BSS Design was present to discuss the request to create three unbuildable parcels that primarily feature wetlands. Mr. Bunker referenced the Section 5 area of New Seabury and reported that Parcel B would be given to Orenda as part of the negotiations for developing Section 5. A property line has been created along the path and cranberry bog in order to create the three parcels. Mr. Rowley inquired further about the lot definition of the parcels and there was discussion about the edge being along the water line. Mr. Rowley stated that typically a lot would be defined by an area and would need to meet certain requirements and Mr. Bunker responded that he was unsure whether it would matter since it was an unbuildable lot. Mr.
Fudala agreed that it did not have a complete definition. Mr. Rowley added that a set boundary would be typical even if it was not going to Land Court. Mr. Bunker indicated that he would add a defined line to the plan. Mr. Fudala suggested that the Planning Board vote could be subject to establishing the lot line. Planning Board members were in agreement with Mr. Fudala.
MOTION: Mr. Mullin made a motion to accept the ANR on the condition that Parcel A will be delineated and an area will be marked on the plan. Mr. Balzarini seconded the motion. All voted unanimously.
ROAD TAKINGS
-Review and vote on recommendation to Annual Town Meeting regarding proposed taking as Town roads of Taurus Drive and portions of Gemini Road and Polaris Drive (Great Hay Estates subdivision)
Mr. Fudala reported that the plan had already been reviewed, signed and recorded by the State. Mr. Fudala stated that when the Holland Mills Estates roads were taken by the Town, the engineer included streets that were not taken on the plan. The Town Meeting vote requires a recommendation from the Planning Board. Mr. Balzarini inquired about the smaller lanes and Mr. Fudala confirmed that they were already town roads. Mr. Mullin stated that if the plan was already recorded then the road takings were already official and legal. There was no public comment.
MOTION: Mr. Balzarini made a motion to recommend to Town Meeting, Article 19, for the taking of Taurus, Polaris and Gemini. Mr. Mullin seconded the motion. All voted unanimously.
COMPREHENSIVE PLAN
Continuation of Review of Draft Economic Development Element Update
Discussion was tabled for another meeting.
BOARD ITEMS
Old Business
-Chairman appointment of alternate Design Review Committee member(s)
Mr. Mullin was nominated to serve as an alternate Design Review Committee member. Mr. Mullin indicated that he would attend if available but that other members could also serve as alternates. The Chair designated Mr. Mullin and Mr. Balzarini as alternates to the Design Review Committee.
New Business
-Purchase Order/Expense Voucher for Planning Board Envelopes-Mr. Fudala reported that the supply of Planning Board envelopes was almost out and requested $294.57 to reorder 5,000. There was discussion about using plain envelopes with a stamp but it was noted that Mr. Fudala was the only staff person in the Planning Department and that the pre-printed envelopes were more affordable and a time saver.
MOTION: Mr. Balzarini made a motion to purchase envelopes for $294.57 from J.R. Graphic. Mr. Mullin seconded the motion. All voted unanimously.
Board members signed the voucher.
-C. Rowley Expense Vouchers-Mr. Rowley has submitted an invoice for regular Planning Board work in the amount of $309 and an invoice for Southport services in the amount of $237.50.
MOTION: Mr. Balzarini made a motion to pay Mr. Rowley $309 for town services and $237.50 to be paid for by Southport. Mr. Petersen seconded the motion. All voted unanimously.
CORRESPONDENCE
-Bob Foley-Mr. Foley, a resident at Windchime and an agent with Sotheby’s Realty, referenced the public hearing notice he received about the change in use of the recreation facility at South Cape. The Chair stated that it was not properly advertised in the newspaper so it had been moved to the next meeting on October 19. Mr. Fudala reported that notices had gone out because the newspaper did not run the announcement. Mr. Foley will attend the next meeting. The Chair explained the process and protocol by which the public can share their comments.
-United Water, August, 2011 monitoring report for South Cape Village WWTP TN=9.0
-United Water, August, 2011 monitoring report for South Cape Village monitoring wells
-United Water, August, 2011 monitoring report for North Market Street monitoring wells
WATERWAYS LICENSE
-431 Monomoscoy Road Realty Trust, construct and maintain pier, float and ramp in Little River
ADJOURNMENT
MOTION: Mr. Balzarini made a motion to adjourn. Mr. Petersen seconded the motion. All voted unanimously. The meeting adjourned at 8:25 p.m.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
LIST OF DOCUMENTS
-Modification of Special Permit Site Plan, Duck Pond Limited
-Site Plan for Holly Management & Supply, Inc.
-Minor Modification of Final Site Development Plan, Southport on Cape Cod Development LLC
-Charles Rowley Letter Regarding Southport Fuel Storage Facility
-MECO Plan for Southport Golf Club
-MECO Letter Regarding AG Fuel Storage Tank Installation
-Public Hearing Notice
-October 2011 Zoning Article and Road Acceptance Article
-Mashpee Development Agreement Zoning Bylaw Showing Proposed 10-22 Amendments
-Missing Sentence in Bold
-Article 19
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