Mashpee Planning Board
Minutes of Meeting
May 4, 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, May 4, 2011.
Planning Board Members Present: Chairman Mary Waygan, Vice Chair Dennis Balzarini, George Petersen, David Kooharian
Absent: Clerk Joe Mullin
Also Present: Tom Fudala-Town Planner, Selectman Michael Richardson
APPROVAL OF MINUTES
April 6, 2011
MOTION: Mr. Balzarini made a motion to accept the minutes of April 6th as written. Mr. Kooharian seconded the motion. All voted unanimously.
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 March 16, 2010)
An email has been received from Association President, John Wilcox, stating their request for a continuation to next month. The Chair opened the public hearing and read for the record the public hearing notice.
MOTION: Mr. Balzarini made a motion to continue the public hearing to June 1 at 7:10 p.m. Mr. Kooharian seconded the motion. All voted unanimously.
7:20 Applicant: Robert Spenlinhauer, Trustee, Classic Auto Realty Trust
Location: 64 Industrial Drive
Request: Special Permit to construct 20,000 sq. ft. warehouse/light industrial/office building
The appointed time having arrived, the Chair opened the public hearing. Mr. Fudala reported that a letter had been received from Attorney Creedon requesting a continuation to June 15 due to the fact that a new engineering firm had been recently hired.
MOTION: Mr. Balzarini made a motion to continue the public hearing to June 15 at 7:10 p.m. Mr. Kooharian seconded the motion. All voted unanimously.
SPECIAL PERMIT MODIFICATION
Applicant: Barnstable Pizza & Paste 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
Mr. Fudala reported that the request was a site plan change and that no mandatory public hearing was needed unless the Planning Board determined that there was an issue that would impact the neighbors. In reference to the plans, Mr. Fudala stated that the outside eating area and canopy were existing. Mr. Fudala stated that the applicant was looking to increase the size of the canopy to cover a larger area of the outside dining area, with the footprint of the dining area to remain as is, as well as reconfigure the location of the bar. Mr. Fudala noted that the outside dining area had been previously approved with the Planning Board through a special permit modification. The Chair inquired whether the request would go to the Design Review Committee and Mr. Fudala confirmed that it would. The Chair inquired whether the business was surrounded on three sides by commercial properties. Mr. Fudala confirmed that it was surrounded by Route 151, the applicant’s own properties and a large parking lot. Mr. Fudala noted that noise concerns had been addressed previously by requiring an annual review for two years but that there had been no noise complaints reported.
MOTION: Mr. Balzarini made a motion that there was no need for a public hearing. Mr. Kooharian seconded the motion. All voted unanimously.
Chairman’s Report-Chairman Waygan announced that Town Elections will take place on Saturday, May 7 and encouraged all registered voters to attend and vote. There was also discussion about Town Meeting and the limited attendance. The Chair encouraged residents to attend future Town Meetings.
Selectmen Liaison-Selectman Richardson reported that over 200 residents attended Town Meeting. Selectman Richardson reported that additions were made to the Fire Department, Police Department and the library. Training of volunteers may begin on a weekly basis at the library. Selectman Richardson stated that a balanced budget is now in place.
Regarding Russell Road, the ZBA was seeking a legal opinion in order to assist with their decision. Selectman Richardson announced that there would be an event for Harry Cook at Dino’s tomorrow night, 6-8 p.m. Mashpee Cares will also meet tomorrow night in Room 139 at the Quashnet School to discuss issues such as drugs and bullying. Selectman Richardson attended the Water Collaborative meeting today which featured discussion among towns regarding regionalization due to the expense of sewering. There was also continued discussion regarding the accuracies of the TMDLs.
Work was continuing on the RFP for solar at the Transfer Station. Selectman Richardson stated that 10 towns acquired funding through the CVCE for solar projects but that Mashpee pursued an RFP and acquired a good deal for the town buildings. Selectman Richardson referenced the CVCE’s efforts to build wind turbines in Brewster and the possibility that they may pursue a lawsuit. Selectman Richardson made a presentation about recycling to student government students at the high school. Selectman Richardson confirmed that the issue will be on the ballot at Town Elections. The majority of students voted in favor of pay-as-you-throw. Selectman Richardson referenced the problem of mattresses and couches being abandoned in wooded areas throughout town and described the efforts of a resident who has volunteered his time to pick up many of the items, delivering them to the Transfer Station. Mr. Kooharian inquired about similar programs for residents interested in doing the same. Mr. Fudala reported that the Wildlife Refuge hosted a cleanup that resulted in 16 truckloads of items collected. Selectman Richardson encouraged anyone interested in picking up items to contact him.
Selectman Richardson reported that the Affordable Housing Revolving Loan failed, due to limited details about how it would be managed, but Selectman Richardson planned to discuss the idea further with the Town Manager. Selectman Richardson recently met with Dan Wolf, along with other town officials, to receive an update about his efforts. Selectman Richardson will also be meeting with Representative Vieira. Selectman Richardson reported that the 1 year lease holders at Popponesset Marketplace will not be open but that the long-term leaseholders would be open. More information will appear in the Enterprise.
Environmental Oversight Committee-Mr. Petersen stated that, at the last EOC meeting, Girl Scout Troop 81811 reported the results of the oyster count they conducted at 5 locations. Rick York and parent volunteers assisted the Girl Scouts with their efforts.
DPW Director Catherine Laurent was also in attendance at the meeting to discuss the CPC application requesting $357,000 to purchase solar circulators for Santuit Pond. There was discussion regarding the circulators, the cost and the operation and maintenance costs. Ms. Laurent will be sending out an RFP with the expectation that better pricing would be received that may offer some cost savings. There was some discussion regarding whether 6 units would need to be purchased or whether there were other options such as leasing or leasing to own. Mr. Fudala inquired whether the EOC was convinced that the circulators would work. Mr. Petersen responded that he was asking the same question. The Chair responded that the solar circulators were one technique listed in the AECOM diagnostic study, alongside dredging that was estimated at a cost of $12 million. Mr. Petersen stated that the cost presentation did not provide details about how the costs were determined and did not appear to follow the way that costs would be generated in a feasibility study.
Mr. Petersen noted that there was also some discussion at the last meeting regarding bio-remediation technology, but that it was not included in the AECOM report. Mr. Petersen stated that the circulators have had success but was unsure about whether it could be successful in a shallow pond. Mr. Fudala suggested the possibility that, due to the shallow depth of the pond, the circulators could stir up the phosphorus located in the muck at the bottom of the pond. Mr. Petersen noted that there was discussion about the siting of the units and the number of units necessary. Mr. Fudala stated that the deepest part of the pond was 7 feet and Mr. Petersen referenced the AECOM study’s report that the average depth of the pond was 40 inches. Mr. Petersen also noted that another consultant reviewing the dam inquired why the Town would consider the circulators rather than lowering the depth of the pond. The Chair inquired how the problem would be solved by lowering the pond and Mr. Petersen suggested the possibility of creating a freshwater wetlands and capturing the nutrients from runoff before entering the water body. There was discussion about the possibility of a feasibility study.
Mr. Kooharian suggested that maintenance of the pond was expensive without resolving the sources of the problem. The Chair noted that the issue was discussed at the CPC meeting and reported that the EOC was also working on a fertilizer bylaw. The Chair noted that the algae bloom has become a public health issue and has been listed as one of the State’s impaired waters, requiring action. Mr. Petersen suggested that lowering the pond may limit growth of the algae in the shallower areas but Mr. Fudala suggested that the algae may bloom even worse if the pond were shallower. Mr. Petersen stated that the source of the algae had not been conclusively identified in the study and could be produced by other sources. The report indicated that the pond had a very heavy growth of plant matter, which would create and deplete oxygen on its own. The Chair stated that the input of phosphorus has caused the problem. Mr. Fudala stated that in 1980 the state listed the pond as the second most eutrophic pond in Massachusetts. Mr. Kooharian inquired about how to realistically fix the problem and the Chair responded that if the circulators were effective, they would be in the pond forever. Mr. Petersen noted that the primary source of the phosphorus was not just from the runoff but also the dead vegetation at the bottom of the pond. Dredging would remove the source of the problem. Mr. Balzarini stated that $12 million seemed high for 170 acres. Mr. Petersen suggested that the sediments may be 10% solids and 90% water. The difficulty of dredging is identifying an area to de-water the dredge material. A possible location for the dewatering could be the adjacent cranberry bogs, and then remove the solids. Mr. Fudala stated that the Town owned the bogs and the bogs were inactive. The next EOC meeting will be on May 12.
Design Review Committee-Mr. Kooharian was unable to attend the most recent meeting. The Chair inquired about the recently passed bylaw and whether the Attorney General needed to review the bylaw. Mr. Fudala responded that state law indicated that zoning bylaws were effective when approved by Town Meeting and that the AG requires review and then it would be applied retroactively. Chairman Waygan recommended that it be discussed further when the Planning Board reorganizes after the election.
Community Preservation Committee-Chairman Waygan reported that the CPC met last night and discussed the DPW/Friends of Santuit Pond application to fund solar powered circulators. The Chair recommended that the scope of the proposal be expanded to include working on addressing the sources such as road runoff. The next CPC meeting will be held on June 7. The Chair reported that the Pickerel Cove request did not pass Town Meeting. The Pickerel Cove restoration could reapply to be considered in the next round. There was discussion regarding the complaints about the proposal that a neighbor expressed at Town Meeting.
Historic District Commission-No meeting
Comprehensive Plan-Mr. Fudala stated that he has not had access to a computer for 2 weeks and that Mr. Newton has completed some work on the Plan.
Development Agreement Bylaw-Discussion has been tabled due to Mr. Fudala’s inability to access his computer files.
29 Melissa Avenue-Mr. Fudala stated that there was an un-built lot, owned by Ralph Marcelli, located on a dirt road. Variances have been acquired for the buildable lot, but the Zoning Bylaw did not allow construction if not fronted by a street, or if the street is neither a town road or a road previously approved by the Planning Board or subdivision control or a road serving as a primary access to a residence. It has been requested that a discussion be scheduled to review the issue at the next meeting on May 18 and to authorize having Mr. Rowley review the road. The Chair and Vice-Chair voiced their approval to add the issue to the agenda and to authorize approval for Mr. Rowley to review the road.
-Marc Wiseman, Renewal for licensing of dock
-Charles Rowley April 2011 Invoice for Services
Mr. Fudala stated that the April invoice from Mr. Rowley totaled $860 for attendance at the meeting, inspections and a report.
MOTION: Mr. Balzarini made a motion to approve the request from Charles Rowley. Mr. Kooharian seconded the motion. All voted unanimously.
-Falmouth Planning Board
Mr. Fudala referenced the request received from the Falmouth Planning Board asking that the Mashpee Planning Board provide a letter agreeing to a waiver of hearing notice regarding the Falmouth Planning Board March 1 hearing on zoning Article 3 for Falmouth’s Spring 2011 Town Meeting. Although Falmouth had provided proper notice in the paper, the Board did not properly notify adjacent towns. The Article was regarding the Flood Plains Zone. Mr. Fudala drafted a response letter on behalf of Chairman Waygan waiving the rights.
MOTION: Mr. Balzarini made a motion to send the letter agreeing to waive the rights for notice, written by the Planning Board to the Falmouth Planning Board, and for the Chair to sign the letter. Mr. Kooharian seconded the motion. All voted unanimously.
Chairman Waygan signed the letter.
-Troy Wall Associates, Notice of Constructive Approval of Special Permit (Falmouth)
Mr. Fudala stated that Constructive Approval occurs when a Board does not file its decision with the Town Clerk as required by state statute. If not filed within 90 days, a constructive approval is automatically granted.
None at this
MOTION: Mr. Balzarini made a motion to adjourn. Mr. Kooharian seconded the motion. All voted unanimously. The meeting adjourned at 7:55 p.m.
Jennifer M. Clifford
LIST OF DOCUMENTS
-Falmouth Planning Board Letter
-Mary Waygan Draft to Falmouth Planning Board
-Ashers Heights Association President John Wilcox Email
-Creedon & Early, P.A. Letter
-Barnstable Pizza & Paste Co. Application for Special Permit Modification & Plans
-Troy Wall Associates, Notice of Constructive Approval of Special Permit