Mashpee Planning Board
Minutes of Meeting
May 18, 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 Vice-Chairman Balzarini at 7:00 p.m. on Wednesday, May 18, 2011.
Planning Board Members Present: Vice Chair Dennis Balzarini, Clerk Joe Mullin, George Petersen, David Kooharian
Absent: Chairman Mary Waygan
Also Present: Tom Fudala-Town Planner, Charles Rowley-Consultant Engineer
APPROVAL OF MINUTES
May 4, 2011
MOTION: Mr. Mullin made a motion to approve the May 4th minutes. Mr. Petersen seconded the motion. All voted unanimously.
SPECIAL PERMIT MODIFICATION
Applicant: Barnstable Pizza & Pasta Co., DBA Dino’s Pizza/Dino’s Sports Bar
Location: 401 Nathan Ellis Hwy. (Assessor’s Map 72, Block 57)
Request: Modification of special permit site plans to approve revised outdoor dining area and canopy
Vice-Chair Balzarini read for the record the request for a special permit modification. Mr. Fudala referenced the sketch highlighting the expanded canopy and bar re-design. Dino Mitrokostas notified the Board that the project had been initiated last year with the understanding that it was a minor modification, but when following up with Mr. Fudala, discovered that the project was more than a minor change. Mr. Mitrokostas reported that picket fencing was changed to a vinyl black fencing to improve its appearance and stated his request to modify the permit and expand the awning in order to better protect his customers from inclement weather. Vice-Chair Balzarini inquired whether he had spoken with the abutters and Mr. Mitrokostas responded that he had not since the use had not changed and he had no
intent to add speakers. There was discussion noting that there had been no noise complaints over the past year. Mr. Kooharian inquired about the capacity of the space. Mr. Mitrokostas responded that he had been seeking a floating self-governing occupancy from the Board of Health to allow greater capacity flexibility between the exterior and the interior. Town Manager Joyce Mason has stated that he would need to apply to upgrade his current exterior capacity of 40 with the Town to 60 or 70 people. There were no additional questions from the Board or the public. Mr. Fudala referenced the proposed draft decision that incorporates the vote of the Plan Review Committee and their decision to recommend approval with conditions. Mr. Fudala reported that the Design Review Committee had approved the sign. Mr. Mitrokostas agreed with the proposed decision. Vice-Chair Balzarini inquired whether the awning would be wind resistant and Mr.
Mitrokostas responded that it would be and that it had been approved by the Building Inspector. Mr. Mitrokostas also noted that the approved sign would be the same size as the original sign.
MOTION: Mr. Mullin made a motion to approve the modification of the special permit as proposed. Mr. Kooharian seconded the motion. All voted unanimously.
Members of the Board signed the decision.
MODIFICATION OF SPECIAL PERMIT SITE PLAN
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
Southport has asked that their request be continued to the next meeting.
APPROVAL OF STREET ACCESS FOR BUILDING LOT
Applicant: Marilyn & Ralph Marcelli
Location: 29 Melissa Avenue
Request: Approval of private road as adequate access for a new residence, per the requirements of Zoning By-law Section 174-12
Mr. Fudala referenced the materials regarding the request, including a letter from Mr. Rowley and a ZBA Variance Decision that varied the lot size and addressed the frontage and the fire access bylaw, and was extended by state law for two years. Mr. Fudala also referenced the original subdivision plan when the lots were created in 1961 without a road layout as well as an A&R plan that split off the lot and was signed by the Planning Board during the 1970s. Marilyn Marcelli was present to discuss her request. Mr. Fudala stated that the Zoning Bylaw required that, to build on a lot, it must be fronted by a street, defined by a previously approved subdivision street, a town road or a road determined adequate by the Planning Board. Mr. Fudala noted that, although a subdivision plan had been
approved in 1961, there was no road layout and it was prior to the Planning Board having authority to approve subdivisions.
Mr. Rowley suggested that the decision had already been made due to the previously approved subdivision plan and a later approval-not-required plan submitted in 1978. However, Mr. Rowley suggested that the request could be considered under approval-not-required or whether the road offered adequate access. Mr. Rowley inspected and photographed the road, located via South Sandwich Road and Jones Road. Mr. Rowley stated that Melissa Avenue began to narrow just past the Lopes property located on the existing road. An additional road, Cherry Lane, branches off from the partially vegetated portion of Melissa Avenue and with two additional homes existing on Melissa Avenue. Mr. Rowley suggested that the Board consider whether the road was adequate in its present state to service the additional
proposed home. Mr. Rowley reported that there was no erosion and that the grade of the road was relatively flat. The road was hard packed gravel with little disturbance on the edges. Mr. Rowley recommended that the driveway be built so that it would not erode into Melissa Avenue due to the increased grade. Ms. Marcelli reported that 20 feet of 29 Melissa Avenue did not have a berm. Mr. Rowley suggested that the additional home may not make or break the existing road and that the ZBA already granted a waiver from the Fire Department regulation. Mr. Fudala reported that there was no recent feedback from the Fire Department. Vice-Chair Balzarini did not see a problem with the request. Mr. Fudala inquired about who plowed the road and Ms. Marcelli responded that her husband had been plowing it, but that they expected to hire someone to plow the road in the future. There were no additional comments from members of the
Board.
MOTION: Mr. Mullin made a motion to approve the private road as adequate access for a residence and such motion also incorporating Mr. Rowley’s comments. Mr. Kooharian seconded the motion. All voted unanimously.
RELEASE OF PERFORMANCE GUARANTEE
Applicant: Habitat for Humanity of Cape Cod
Location: 67 Fox Hill Road
Request: Release of $3500 cash bond for road paving and shoulder work
Don Dickinson of Habitat for Humanity was present to request the release of funds set aside to ensure paving in front of the parcel, installment of the berm and seeding and top soil for the shoulders at 67 Fox Hill Road. Mr. Dickinson reported that the paving had been completed and that the berm was now in place. The top soil and seeding was not yet in place so Habitat for Humanity was seeking a release of $2,750, leaving the remaining $750 in place to ensure that the top soil and seeding was completed. Hydroseeding was planned to be completed by Monday. Mr. Rowley reported that the berm was indeed in place and that grass seed had begun to grow on the lot and recommended that the Planning Board release $2,750. It was noted that June 1 was the completion date for the seeding.
MOTION: Mr. Mullin made a motion to release $2,750 with a balance of $750 remaining. Mr. Kooharian seconded the motion. All voted unanimously.
Planning Board members signed the form to be submitted for payment.
BOARD ITEMS
Chairman’s Report-No report at this time
Reports
Selectmen Liaison-No report at this time
Environmental Oversight Committee-Mr. Petersen reported that Ed Baker had resigned from the Committee for health reasons. There was no meeting because there would be no quorum.
Design Review Committee-Mr. Kooharian reported that the Committee made a decision regarding Dino’s which was discussed previously.
Community Preservation Committee-No report at this time
Historic District Commission-No meeting
Old Business
Development Agreement Bylaw-A copy of the bylaw was provided to Board members to compare the proposed bylaw to the existing bylaw wording. Mr. Fudala stated that there would be two meetings in June to consider submitting the bylaw to the October warrant. Chairman Waygan has recommended that Board members plan to discuss it at the next meeting. Mr. Fudala also provided a copy of Section 9B regarding Solar Access which enables towns to adopt regulations to protect access to the sun which could be a potential zoning article.
Comprehensive Plan-No discussion at this time
New Business
CORRESPONDENCE
Southport Letters-Mr. Fudala reported that, when Southport closed their construction entrance, they were required to repair any damaged area along Payamps Road. Ron Bonvie conducted an inspection today and the work was expected to be completed soon. Mr. Rowley referenced his letter which separately discusses Payamps Road from Old Barnstable Road to the former construction entrance (850 feet) and the remainder of Payamps Road to the cul-de-sac (500 feet). Regarding the first section of the road, Mr. Rowley reported that there was settlement around the basins and broken and depressed pavement edges, likely due to the use of heavy trucks. Mr. Bonvie will address that portion of the road. Regarding the second section, Mr. Rowley reported that some damage has occurred to the same side of
the road as Southport; a utility trench has settled and the inside back edge of the cul-de-sac is missing the mix and there was tree root damage to the road. Mr. Bonvie is discussing the issue with the neighbors. Mr. Rowley and Mr. Bonvie discussed road construction options today but Mr. Bonvie will further discuss the construction options with TL Edwards and present his findings to the Planning Board. Mr. Rowley also reviewed the revised plans for Chadwick Circle and discussed his concerns with Mr. Bonvie’s engineer. Mr. Bonvie wished to discuss the issue further at the next meeting after he addresses some of the missing details.
-Board of Selectmen May-October 2011 Meeting Schedule and Reorganization
-Zoning Practice, May 2011
-DHCD, flyer for “The Next Chapter of 40B: A Training on the Latest Developments in the Affordable Housing Law” June 15 in Marlborough-Cost is $50
-Cape Cod Pathways, “Walking Weekend 2011” brochure
-Climate Change and its Effects on Wetland Migration, Septic Systems & Other Structures-Mr. Fudala attended the Storm Smart Coast Workshop and Scott Horsley highlighted the impact of rising sea levels and the impact on groundwater and septic systems. Mr. Fudala reported that the sea level had risen 1 inch over the last 100 years.
-Division of Fisheries & Wildlife Presentation Schedule-Mr. Rowley reported that there would be several changes to the Endangered Species Act and that he will be attending a presentation and will share any valuable information with the Board.
WATERWAYS LICENSES
None at this time
EXECUTIVE SESSION
None at this time
ADJOURNMENT
MOTION: Mr. Mullin made a motion to adjourn. Mr. Kooharian seconded the motion. All voted unanimously. The meeting adjourned at 7:44 p.m.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
LIST OF DOCUMENTS
-Barnstable Pizza & Paste Co. Application for Special Permit Modification & Plans
-Letter from Marilyn Marcelli
-Plan of Land, Melissa H. Besse Estate
-Charles Rowley Letter, 29 Melissa Avenue
-Google Map of 29 Melissa Avenue
-Photos of Melissa Avenue
-ZBA Decision for a Variance for 29 Melissa Avenue
-Charles Rowley Letter, 67 Fox Hill Road
-Charles Rowley Letter, Payamps Road, Southport
-Charles Rowley Letter, Chadwick Circle Area, Southport
-Development Agreement Bylaw
-Section 9B regarding Solar Access
-Board of Selectmen May-October 2011 Meeting Schedule and Reorganization
-Zoning Practice, May 2011
-DHCD, flyer for “The Next Chapter of 40B: A Training on the Latest Developments in the Affordable Housing Law” June 15 in Marlborough
-Cape Cod Pathways, “Walking Weekend 2011” brochure
-Climate Change and its Effects on Wetland Migration, Septic Systems & Other Structures
-Division of Fisheries & Wildlife Presentation Schedule
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