Mashpee Planning Board
Minutes of Meeting
March 16, 2011 at 7 p.m.
Selectmen’s Meeting Room, Mashpee Town Hall
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, March 16, 2011.
Planning Board Members Present: Chairman Mary Waygan, Vice Chair Dennis Balzarini, Clerk Joe Mullin George Petersen, David Kooharian
Also Present: Tom Fudala-Town Planner, Charles Rowley-Consultant Engineer, Selectman Michael Richardson
APPROVAL OF MINUTES –March 2, 2011
The March 2nd minutes will be reviewed at the next meeting.
PUBLIC HEARING
7:10 Applicant: Mark Lima / Ashers Heights Homeowners Association
Location: Ashers Heights subdivision
Request: Modification of special permit to eliminate water quality monitoring program and limit on lawn size. (Continued from February 16, 2010)
The Chair opened the public hearing and read for the record the request. Mr. Fudala reported that the lab results for well tests were located in Board members’ packets. Two wells were tested, one at the north end of Carlton Drive and the other located at the corner of Swain Circle and Carleton Drive. Mr. Fudala reported that the lab sampled for the two items suggested by the Mashpee Health Department. Mr. Fudala stated that B Well (Well 4-Carlton) was located up gradient and that A Well (Well 5-Swain) was lower. Mr. Fudala reported that A Well was re-tested because Total Nitrogen measured 6.5 mg/L but new testing measured 1.9 mg/L Total Nitrogen. Mr. Fudala stated that the increase would be typical for a down gradient well in a development and noted that 1.9 mg/L would not be an extreme
amount. The Health Agent was asked whether the nitrogen was a result of septic or fertilizer use and he responded that he felt that it was not due to wastewater. Mr. Fudala asked that the County Health Agent also assess the results for the source of nitrogen.
Mr. Fudala noted that a draft copy of an easement agreement from Town Counsel was also located in the packet. Mr. Fudala stated that five easements were required to allow Town access to the wells. Mr. Lima has been provided with the documents in order to acquire the necessary signatures. Mr. Fudala reported that, since there would be no monetary compensation, the easements would not go to Town Meeting but that the Board of Selectmen would accept the easements. Mr. Fudala stated that the hearing must be continued until the Planning Board was in receipt of the signed easements.
John Wilcox, President of the Ashers Path Homeowners Association, reported that Mr. Lima was in the process of acquiring the necessary signatures. Mr. Balzarini inquired about the consequences if an easement was not signed by a homeowner. Mr. Fudala responded that the Planning Board would make a determination since the Special Permit required the easements. Unless the Planning Board’s decision was modified, missing easements would create a violation to the Special Permit. The original developer was supposed to acquire the easements, and did not, so the Planning Board was now working toward acquiring the necessary documentation. It was noted that some residents may be out of town. Mr. Fudala indicated that he would draft a Special Permit Modification for Ashers Path to be available for
review at the next meeting.
There was discussion regarding the 5,000 square foot lawn, now that nitrogen levels have decreased. There was also discussion about the brochures that will be distributed among homeowners in order to educate them about best practices for lawns. Mr. Wilcox recommended that the Board work with lawn care specialists about best practices and Mr. Petersen reported that the Environmental Oversight Committee was working on a Lawn Fertilizer Bylaw. Mr. Fudala noted that the Bylaw was focused on fertilizer with no phosphorus. The Chair recommended that Mr. Petersen discuss nitrogen and fertilizer with the Environmental Oversight Committee.
MOTION: Mr. Balzarini made a motion to continue the public hearing to May 4 at 7:10 p.m. Mr. Mullin seconded the motion. All voted unanimously.
SPECIAL PERMITS
Applicant: Southport on Cape Cod Development LLC
Location: Southport Retirement Community
Request: Modification of special permit site plans to approve floor plans and elevations for new center unit type “J”
Chairman Waygan read the request. Ron Bonvie, owner/developer of Southport on Cape Cod, summarized his previous attendance at a Planning Board meeting when he requested flexibility to adjust the center units, as well as announced a recent award received by Southport. Mr. Bonvie noted that he has had trouble selling the center units, which currently features two stories. Mr. Bonvie spoke with his sales team and architect in order to design a module unit that would fit into the approved plan and footprint. The “J” unit has been designed and would be one story placed in the center. Mr. Bonvie described example A as an existing four unit building, with garages together and walkways in the same location. Mr. Bonvie compared example A to example B, which included “J” unit in the center, and
noted that the driveways and garages and the walkways continued to line up. Mr. Bonvie added that the modules fit together, but that an end unit would always be an end unit and the center unit would always be a center unit.
Mr. Bonvie reported that he had successfully sold two “J” units on a preliminary basis. Mr. Bonvie was seeking permission to build the “J” style unit, with 2 bedrooms and 2 bathrooms, with flexibility to mix and match modules within the footprint. Mr. Bonvie reiterated that the walkways and driveways would line up and that the length and depth would be within 1 to 2 feet.
Mr. Balzarini questioned the challenge of selling two story units and Mr. Bonvie responded that buyers were looking for single floor living for their guests who may be visiting and staying in the second bedroom. Mr. Bonvie reported that he has had to reduce the price in order to sell center units. It was clarified that the “J” unit would have a similar roofline to the two story unit. Mr. Bonvie noted that the elevations would constantly be different in their appearance as the modules were mixed and matched but that the driveway and walkways would remain the same. Mr. Bonvie asked that the Board reaffirm that he could mix and match the modules without alterations to the site plan. Mr. Rowley inquired about storage on the second level of the new unit and Mr. Bonvie responded that the space was
trussed to allow a higher roofline to mimic the center units with a second story. Mr. Fudala inquired about a 2 foot bump out in the second bedroom and Mr. Bonvie responded that other designs push back 2 feet. Mr. Mullin stated that the request was reasonable and other Board members agreed.
MOTION: Mr. Balzarini made a motion to give a modification of the special permit site plans to approve floor plans and elevations for a new center unit type “J.” Mr. Mullin seconded the motion. All voted unanimously.
Mr. Bonvie noted that the Building Inspector had inquired about his ability to mix and match modules and requested that the Board reaffirm that he could mix and match the unit types with a motion documented in the minutes.
MOTION: Mr. Balzarini made a motion that the Planning Board gave Mr. Bonvie permission to switch the 7 different designs to be retrofitted. Mr. Mullin seconded the motion. All voted unanimously.
Applicant: Southport on Cape Cod Development LLC
Location: Southport Retirement Community
Request: Modification of special permit site plans for Phase III Section 1 to remove pond
Mr. Bonvie displayed a plan that featured a not yet built, man-made pond off of Chadwick Court, which was designed for aesthetic purposes and to provide gravel and drainage. Mr. Bonvie has since learned that buyers would be as happy with a private backyard as they would be with a water view. Mr. Bonvie has also learned that his need for material was less than expected. Mr. Bonvie has re-drafted the plan, turning the road toward the pond and removing the pond to open up the area for privacy behind the homes. Drainage has been resolved with rain gardens and other methods. Mr. Bonvie is seeking the Board’s approval to authorize Mr. Rowley to interact with Mr. Bonvie’s engineer to consider the plan and the drainage solutions. Mr. Rowley inquired whether the new space would be wooded or used
for a rain garden and Mr. Bonvie responded that the cul-de-sac has been rotated to create open space on both sides of the road. Mr. Balzarini inquired about the closeness of units but Mr. Bonvie responded that there was a distance of 30-35 feet. Mr. Bonvie stated that the change would be good for the environment and everyone involved and asked that Mr. Rowley be granted authorization to review the plan. Mr. Fudala stated that there would be a process that would require a 4 member vote.
MOTION: Mr. Balzarini made a motion to schedule a review and approval of a modification of the special permit site plan for Phase III Section 1 for May 4. Mr. Mullin seconded the motion. All voted unanimously.
PRELIMINARY SUBDIVISION PLAN
Applicant: Cape Cod Cooperative Bank
Location: 588 Main Street, Assessors’ Map 19, Parcel 10
Request: Withdrawal of Preliminary Subdivision Plan filed 11-3-10
Michael Ford, Esq. stated that the withdrawal of the Preliminary Subdivision Plan was a procedural matter. The plan has been filed two times as a preliminary plan with the Planning Board and has been a mandatory referral to the Cape Cod Commission two times. Mr. Ford has been working with the Cape Cod Commission on an agreement regarding traffic mitigation, but the agreement must be resolved within 90 days of the initial referral or the plan must be re-filed. Cape Cod Cooperative Bank has now retained DHD as their traffic consultants and Mr. Ford believes that this should be the last time that they would need to withdraw and re-file the plan. Mr. Ford also requested that the Board waive the filing fee as a courtesy, as was granted last time. Mr. Fudala referenced the letter requesting the
withdrawal located in Board members’ packets.
MOTION: Mr. Balzarini made a motion to accept the withdrawal for Cape Cod Cooperative Bank. Mr. Mullin seconded the motion. All voted unanimously.
Applicant: Cape Cod Cooperative Bank
Location: 588 Main Street, Assessors’ Map 19, Parcel 10
Request: Re-submission of Preliminary Subdivision Plan for 9 industrial and 2 commercial lots and 1 open space lot.
Mr. Fudala stated that the application to re-submit the plan was located in Board members’ packets.
MOTION: Mr. Balzarini made a motion to waive the fee for refiling. Mr. Mullin seconded the motion. All voted unanimously.
MOTION: Mr. Balzarini made a motion to send this applicant to Cape Cod Commission. Mr. Mullin seconded the motion.
Mr. Petersen inquired whether the application, when previously reviewed, had concerns regarding the length of the road which exceeded the bylaw and the Board’s willingness to agree to the Special Permit since it would be a commercial property. Mr. Ford clarified that it was not a Special Permit, although a Special Permit had been granted previously, and noted that a waiver had been granted regarding the length of the road. It was confirmed that the property would be a commercial subdivision.
All voted unanimously.
Board members signed the required form.
BOARD ITEMS
Chairman’s Report-Chairman Waygan referenced a recent letter to the editor printed in the Mashpee Enterprise from Douglas Fribush about Mashpee Commons. Chairman Waygan requested that Mr. Fudala create a Mashpee Commons file to collect comments about the project. The Chair noted that there was also an editorial and response in the Cape Cod Times that she would forward to Mr. Fudala.
Reports
Selectmen Liaison-Selectman Richardson reported that Mashpee Cares has met to discuss such issues as bullying, drugs and alcohol among kids. Selectman Richardson stated that progress was being made and that a number of people have been showing up every couple of weeks, including young people. Mashpee Cares has been attempting to identify ways in which problems could be addressed. An article about the group appeared in the Enterprise. The high school’s Mashpee Strategic Plan was being updated.
The Board of Selectmen has continued to work on the Town Meeting Warrant. Selectman Richardson reported that there was question about language from the Cape Cod Commission for the Development Agreement Bylaw and it was recommended that the Article be moved to October. Chairman Waygan inquired whether Mashpee Commons had been consulted since the Planning Board had pushed the Article quickly on behalf of Mashpee Commons. Selectman Richardson was unsure about whether Mashpee Commons had been consulted but reported that Kristy Senatori at the Cape Cod Commission had been contacted. Selectman Richardson reported that the Environmental Oversight Bylaw regarding phosphorus had also been placed on hold because there was a question about enforcement. Regarding the Sign Bylaw,
Selectman Richardson stated that the Sign Committee decided to enforce the regulations in place, having Mr. Rowley and the Building Inspector inspect existing signs for violations which would then be kept on file. Selectman Richardson reported that the Board of Selectmen were working on the budget and that, although her decision had not yet changed, the Town Manager was continuing to work on the Assistant Town Planner position. Mr. Mullin inquired about the budget for Town Counsel, suggesting that some towns hire their own in-house attorneys. Selectman Richardson was unsure, but could provide the information, and Mr. Fudala reported that Legal and Engineering were in the same budget line.
Selectman Richardson will be attending a CVCE meeting tomorrow to discuss the direction of wind turbine use in Cape towns. Mr. Fudala reported that he and the Chair attended a meeting with David Vieira to discuss recently filed legislation that would allow the State to accelerate approval of wind power in towns. Chairman Waygan stated that Tom Mayo had suggestions about the development of wind power, but in such a way that huge arrays would not be in place where the town did not want them. Selectman Richardson stated that the Town has focused their efforts on the use of solar power, utilizing the Transfer Station as a site.
Selectman Richardson reported that Solid Waste was continuing to meet and were working on crafting a reasonably accurate non-binding ballot question for residents to consider for the future. Selectman Richardson noted that voters last chose to maintain the status quo, but unfortunately the costs were expected to double or triple if no change was made. The Committee hoped to provide the costs of curbside, maintaining the status quo or pay-as-you-throw to inform residents. Chairman Waygan stated that her Condominium Association had been asked to provide a recycling dumpster. The Chair recommended that recycling at condominiums should be addressed and Selectman Richardson responded that some Condo Associations had addressed the issue and others had not. Mr. Fudala suggested
that a bylaw could be adopted that would require Condo Associations to recycle but Selectman Richardson noted that enforcement would be problematic. Mr. Fudala added that the bylaw could require that recycling be provided but not necessarily enforced. Selectman Richardson indicated that a program was needed in order for the single stream recycling to become more successful. Mr. Petersen referenced the signage for single stream recycling, suggesting that additional signage was needed to direct residents to the cardboard and hard plastic recycling. Selectman Richardson agreed that improvements could be made to the recycling area, such as improved parking. Mr. Balzarini inquired about the possibility of using clear bags to reduce the possibility of recycling materials in the trash but Board members expressed concern that it would violate the privacy of residents. Mr. Kooharian inquired whether towns with successful recycling programs had been
considered by Mashpee. Selectman Richardson responded that many towns had been successful due to a combination of pay-as-you-throw and a transfer station. Selectman Richardson added that some towns were also successful with curbside pickup. Selectman Richardson reported that half of the town purchased stickers and half of the town had commercial pickup. However, the commercial haulers have not been delivering their waste to Mashpee, and the Town’s contract requires that Mashpee dispose a certain amount of tonnage to SEMASS. As a result, Mashpee has been required to pay fines annually because it has not met the contracted tonnage. Selectman Richardson also reported that the cost of the sticker could triple from $85 by 2015 if the Town stayed with SEMASS. Mr. Balzarini inquired about the costs of pay-as-you-throw and Selectman Richardson responded that it would not be as costly and that each 30 gallon bag would be approximately $1.50-$2.00
each. There was also discussion about the availability of a $5.00 dump day pass that would typically be purchased by Mashpee summer residents.
Selectman Richardson attended an event at the Timberlane Habitat home, which was an all-women built home. It was noted that Mashpee has been one of the most responsive towns to Habitat projects. The Cape Cod Collaborative has been focused on the lawsuit and ensuring that funds would be available. There was discussion about efforts to develop a bank to provide separate funding for wastewater projects. Mr. Fudala referenced Andy Gottlieb’s Memorandum of Understanding process that was expected to begin in January and that was funded by the Compact. Selectman Richardson has inquired about Mashpee projects.
Environmental Oversight Committee-Mr. Petersen reported that the Friends of Santuit Pond would be submitting an application to the Community Preservation Committee seeking funding in the amount of $325,000 for the Solar Bee solar powered circulators. The EOC had questions regarding their request and it was suggested that representatives should gather additional information. Areas that required more information included the warranty information, the maintenance agreement, clarity about the life expectancy of the units and the limits of liability in the proposal. Mr. Petersen added that, after two years, the Town would be expected to pick up the cost of $16,000 per year for operations and maintenance (O&M). In addition, the application referenced the cost to the Town due
to the loss of real estate value around Santuit Pond, but it was questioned whether that loss would total $325,000. The Friends also suggested the possibility of charging a betterment to the 660 homes located within walking distance of Santuit Pond, but they were advised that a betterment with no end date would not be a possibility. The Friends of Santuit Pond planned to next contact the Town Manager to discuss a joint application to the CPC between the Town and the Friends. Mr. Fudala inquired whether documentation was available regarding the effectiveness of the technology and Mr. Petersen responded that the Friends of Santuit stated that they were in possession of testimonials about the circulators’ effectiveness. Mr. Petersen referenced the AECOM feasibility study, recommending ways to address the problem, and suggested that the Friends of Santuit interpreted it as a diagnostic study. Mr. Petersen added that the technology would not treat the
problem but that it would maintain the status quo, while improving water quality.
Mr. Petersen announced that Beverly Kane had been collecting the final comments for the Blue Book. The Chair expressed enthusiasm for the book.
Design Review Committee-No report at this time
Community Preservation Committee-A public hearing has taken place for the next round of funding and the Chair announced that applications will be due April 1. The requests will then be voted on in October for the October Town Meeting Warrant. Chairman Waygan reported that the CPC was in receipt of an application from the Friends of Santuit Pond. The next meeting will take place April 5 to discuss applications received. The Chair also announced that the Community Preservation Coalition will be hosting a free workshop on Saturday, April 2 in Bridgewater.
Historic District Commission-No meeting
Old Business
Comprehensive Plan/Survey Update-No update at this time.
Discussion of Proposed Bylaw Amendments Regarding Signs-The Chair inquired with Selectman Richardson whether the Sign Bylaw Committee had been dissolved. Selectman Richardson responded that the recommendation was to implement enforcement and then the Committee would be dissolved. Selectman Richardson will update the Planning Board about the Committee’s status before removing it from the agenda.
Board Review of Comprehensive Plan Update Process and Schedule-Mr. Mayo will attend the next meeting at 6:45 p.m. to discuss the goals and objectives of his component of the Comprehensive Plan.
Status of May Town Meeting Articles-Mr. Fudala referenced Article 23, a road taking, recommending that a public hearing be scheduled. The Board decided to schedule the hearing for April 6. Board members received a copy of the Public Hearing Notice in their packets, scheduled to discuss the May Town Meeting Articles.
New Business
CORRESPONDENCE
-Open Meeting Law Documentation-Board members were encouraged to attend an Open Meeting Workshop at 7 p.m. on April 19. There will also be an informational meeting hosted by the Division of Open Government at Barnstable Town Hall in May.
-Development Agreement Bylaw Article Memo from Joyce Mason-The Chair requested that the memo be added to New Business for discussion at the next meeting and recommended that Board members review the current bylaw, the Cape Cod Commission’s proposal and the article submitted to the Board of Selectmen. The Chair requested that Mr. Fudala forward the information to Board members.
-March 3 Memo from Board Chair to Selectmen and Town Manager re: FY12 budget
-APA Zoning Practice, March 2011
EXECUTIVE SESSION
None at this
ADJOURNMENT
MOTION: Mr. Balzarini made a motion to adjourn. Mr. Mullin seconded the motion. All voted unanimously. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
LIST OF DOCUMENTS
-The Mashpee Enterprise, Letter to the Editor from Douglas Fribush
-Cape Cod Commission Letter, Cape Cod Cooperative Bank
-Michael Ford/Cape Cod Cooperative Bank Letters and Application
-Envirotech Laboratories, Test Results for Ashers Heights
-Draft Easement
-Southport Unit “J” Plan
-Article 23
-Mashpee Planning Board Public Hearing Notice
-Open Meeting Law Regional Trainings
-Open Meeting Law Notice Requirements Memo from Patrick Costello
-Open Meeting Law Agenda Requirements Memo from Deborah Dami
-Open Meeting Law Complaint from the Office of the Attorney General
-Planning Board and Department Fiscal Year 2010 Budget Memo from Mary Waygan
-Development Agreement Bylaw Article Memo from Joyce Mason
-APA Zoning Practice, March 2011
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