Mashpee Planning Board
Minutes of Meeting
July 6, 2011 at 7 p.m.
Selectmen’s Meeting Room, Mashpee Town Hall
Approved 5-0 on August 3, 2011
CALL TO ORDER
The Town of Mashpee Planning Board meeting was called to order with a quorum in the Selectmen’s Meeting Room at Mashpee Town Hall by Chairman Waygan at 7:00 p.m. on Wednesday, July 6, 2011.
Planning Board Members Present: Chairman Mary Waygan, Vice Chair Dennis Balzarini, Clerk Joe Mullin, David Kooharian, George Petersen
Also Present: Tom Fudala-Town Planner, Charles Rowley-Consultant Engineer
APPROVAL OF MINUTES
June 15, 2011
MOTION: Mr. Balzarini made a motion to approve the June 15th minutes as written. Mr. Petersen seconded the motion. Four members voted yes, Mr. Mullin abstained.
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 June 1, 2011)
The appointed time having arrived, the Chair opened the public hearing for Ashers Heights and read for the record the public hearing notice. Mr. Fudala referenced an email received from Association President John Wilcox stating that they were unable to move forward because the easements were not yet available and Mr. Lima had been unavailable. There was discussion regarding the number of times that the applicant had requested continuances.
MOTION: Mr. Balzarini made a motion to extend the public hearing to August 3 at 7:50 p.m. Mr. Kooharian seconded the motion. All voted unanimously.
7:30 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. (Hearing continued from June 15, 2011)
The appointed time having arrived, the Chair opened the public hearing and read for the record the public hearing notice. Mr. Fudala noted that the Board members’ packets included the latest version of the site plan along with other supporting documentation. Attorney Dan Creedon was present to represent the applicant, along with Scott Jones, Project Manager and Mathew Eddy from Baxter & Nye Engineering.
Mr. Creedon summarized that the application was last considered by the Planning Board on April 6. Since that time, the application was considered by Design & Plan Review on June 7, resulting in some changes, and a return to Design & Plan Review on June 21resulting in approval subject to conditions. Revised engineering and building plans have been submitted to the Board along with photometric and landscape plans. Mr. Creedon noted that the proposal remains as a 20,000 square foot industrial building.
Mr. Eddy discussed the site plan, noting that the lot size was 1.91 acres with frontage on Commercial Street and Industrial Drive. The site will provide for 61 parking spaces with an entry onto Commercial Street and a second entrance on Industrial Drive. The sidewalk around the building has been revised and air conditioning condenser units have been added on the south end of the building, which reduced the parking space count. Handicap parking was adjusted in order to ensure accessibility and a fire lane was added at the south end of the building. The trash and recycling area was enclosed and located in the northeast corner. Mr. Fudala noted that the original plans featured an entrance closer to the corner of Commercial and Industrial, but was relocated at the request of the Fire Department.
Regarding the grading and drainage plan, Mr. Eddy stated that the site was generally level and that the building would sit on a slab on grade. The grading for the drainage will be on the high side of the north end of the property and will feature a grass swale, catch basins and bioretention forebays and bioretention infiltration facility. Mr. Eddy noted that the system meets and exceeds MA DEP stormwater management policies and Mashpee zoning requirements. Roof drainage is connected to underground roof drains that will discharge directly to the stormwater management area. Mr. Fudala inquired whether a management plan had been prepared for the stormwater facilities and Mr. Eddy responded that the O & M was located on the plan. Mr. Fudala requested that a separate document be submitted.
Mr. Eddy stated that the utility plan was straight forward with a fire sprinkler connection and domestic water connection on the northwest corner of the property. The sprinkler room and Fire Department connection was located on the north end of the building. A previously designed I/A septic system had been approved by the Board of Health. Mr. Edddy stated that the routing of the secondary electric had been relocated around the grass swale area in response to concerns expressed by Mr. Rowley, and additional changes were made to the plans as reflected in the July 6 letter from Mr. Rowley. There was discussion regarding signage cautioning about the curb cut and the location of handicap access. Mr. Balzarini recommended that signage be placed in units 1, 2, 6 and 7.
Mr. Fudala requested clarification regarding uses and the square footage of usage being requested, which was discussed at Design Review, but not concluded. Mr. Fudala stated that alternatives were being sought for parking. The Chair inquired whether there was sufficient parking available for the proposed uses and Mr. Fudala stated that parking was adequate based on the use table. Mr. Eddy confirmed that office would be the most restrictive use and that the maximum allowable square footage would be 14,000, yielding 56 parking spaces and that the plan provides for 61 spaces. Mr. Creedon referenced a parking matrix and calculations that he developed and Mr. Eddy provided a description of the range of uses. Mr. Fudala noted that the Board would need to determine the allowable uses.
Mr. Rowley inquired about whether the BOH approved septic plan would suit the proposed flow and uses of the facility. Mr. Eddy responded that it had been designed and approved for 14,000 square feet of office and 6,000 square feet of manufacturing. Mr. Rowley recommended that, while deliberating and establishing the uses of the facility, a condition be included requiring that it be subject to review by the Board of Health. Mr. Eddy agreed to return to the Board of Health. There was confirmation that the facility would be multi-tenanted and the end users will determine the use based on Board restrictions. Mr. Rowley noted that as usage was determined the calculations would need to be updated.
The Chair inquired whether Mr. Rowley had anything additional to report about the application. Mr. Rowley reported that he and Mr. Eddy had discussed Mr. Rowley’s July 1 letter. Mr. Rowley referenced his July 6 letter which highlights the issues discussed as well as identifies other areas seeking clarification. Mr. Rowley referenced SE-1.0 regarding 150 watt lighting units, and noted that there would be no spillover. Mr. Rowley requested that a final landscaping plan be submitted and that, should the Planning Board approve the plan, it be labeled as the approved plan since two other plans were submitted. Mr. Rowley recommended that, when building out the stormwater area, space be allowed between plantings to allow access into the retention areas. Mr. Rowley also referenced the air
conditioning units that were initially planned for the front of the building with 200 feet of spacing to the rear of the building. Mr. Rowley has since learned that the distance would be accommodated due to the type of units and piping.
Mr. Fudala listed the various uses for the facility and the uses that could be removed. It was noted that I-15 retail parking accessory use would require Planning Board approval. It was determined that the special permit could be set up to allow for an administrative review rather than a public hearing. Mr. Balzarini inquired about adding a restriction for hazardous waste. Mr. Fudala responded that the Cape Cod Commission Development Agreement would offer provisions for hazardous waste. Mr. Fudala stated that a condition of the special permit would be that it conform to the development agreement. Mr. Rowley noted that state regulations require drains and exterior containment vessels for hazardous and non-hazardous waste.
Mr. Creedon referenced the distinction between the development agreement and the hardship exemption approval. Mr. Creedon stated that it was his understanding that the hardship exemption imposes numerous conditions and incorporates conditions from the expired development agreement, such as mitigation requirements based on uses. Mr. Creedon stated that he was unsure if there were conditions imposed by the development agreement that were not incorporated with the hardship exemption. The Chair referenced page 15 of the August 7, 2008 Hardship Exemption regarding the treatment and storage of hazardous waste which must be addressed according to specific management standards. The conditions, located on page 20, limits the use, storage or generation of hazardous materials to no more than 25 liquid gallons
or its dry weight equivalent.
Mr. Fudala noted a conflict of use on page 20, HMWGC75, regarding auto repair and suggested that it be removed from the facility use list. Mr. Creedon stated his preference that it remain on the use list, and that the applicant would request a modification to the Cape Cod Commission’s decision. Chairman Waygan requested that a report be submitted to the Planning Board should any changes be made to the hardship exemption. Mr. Fudala recommended that a note be added to the use list stating that auto repair would be subject to Cape Cod Commission approval.
Mr. Peterson inquired about how, with various tenants, it would be known whether or not the total amount exceeded the limits. Mr. Creedon responded that the leases would detail the uses and would highlight limitations and conditions established by the Cape Cod Commission and the Planning Board. Mr. Balzarini inquired whether the limits were per unit and Mr. Fudala clarified that it was a total on site volume.
The Chair reiterated her request that a report be provided to the Planning Board should the Cape Cod Commission hardship exemption be amended. Mr. Fudala recommended that there be a meeting with the Cape Cod Commission prior to the next meeting in order to draft a decision for the August 3 meeting. Mr. Creedon stated that he had no intent of addressing the Cape Cod Commission unless a tenant requested an auto repair use. The Chair recommended that Mr. Creedon forward any additional possible Cape Cod Commission conflicts to Mr. Fudala. Mr. Creedon noted that he planned to return to the Cape Cod Commission with plan revisions. Mr. Eddy inquired whether a decision could be drafted and signed prior to the next meeting and the Chair responded that there had not yet been a vote to allow that and
that she would not close the hearing until viewing the draft decision, in case of additional questions. Mr. Rowley recommended 5 potential areas to provide access to the stormwater area, on the landscaping plan. Mr. Fudala requested that the landscaping architect update the plan to provide a final copy to the Planning Board.
MOTION: Mr. Balzarini made a motion to continue the public hearing to August 3 at 8:10 p.m. Mr. Mullin seconded the motion. All voted unanimously.
SPECIAL PERMIT
Applicant: Southport on Cape Cod Development LLC
Location: Southport Retirement Community
Request: Signature of Modification of Final Site Review Plan for Phase III Section 1 as approved 4-0 on June 15, 2011.
It was noted that the second phase of the tree walk through would occur on Friday July 8 at 9 a.m. The first walk through occurred during the previous week.
Mr. Fudala provided copies of the Special Permit decision, based on the June 15th vote, to members of the Planning Board. It was noted that Mr. Mullin would be unable to sign the decision. Mr. Fudala read the conditions of the Special Permit which include building according to the plan, installing the retaining walls at the discretion of the Board’s consulting engineer, review for tree removal and submittal of a landscape plan. Mr. Fudala noted that the landscape plan was not yet ready. Mr. Fudala stated that signatures were needed in order to file the decision with the Town Clerk. Members of the Board signed the decision.
Applicant: John Cadete / owner Vincent Marino
Location: Dunkin Donuts at Johns Pond Center, Route 151 and Ninigret Ave.
Request: Modification of Special Permit site plan to allow walk-in cooler to be added to back of building.
Chairman Waygan read for the record the request. Mr. Fudala referenced the plan showing the addition of the walk-in cooler. The Chair noted that there was also a request to waive the $300 review fee. Mr. Fudala confirmed that there would be nothing for Mr. Rowley to review and that the $500 application fee had been paid. Mr. Fudala stated that there were no drainage issues and Mr. Rowley stated that there would be no impact to traffic patterns. Board members were in agreement that a public hearing would be unnecessary.
MOTION: Mr. Balzarini made a motion to eliminate the public hearing. Mr. Kooharian seconded the motion. All voted unanimously.
MOTION: Mr. Balzarini made a motion to waiver the $300 review fee. Mr. Kooharian seconded the motion. All voted unanimously.
Planning Board members saw no problems with the plans as proposed. Mr. Rowley stated that the cooler would be located on the back side of the building, with no interference to the traffic patterns. Mr. Fudala read the proposed decision and conditions.
MOTION: Mr. Balzarini made a motion to accept the decision and conditions as read by the Town Planner. Mr. Mullin seconded the motion. All voted unanimously.
The decision was signed by Planning Board members.
Applicant: Bill Holbig / Mashpee 130 Shoppes, Inc.
Location: Corner of Route 130 and Ashumet Road
Request: Modification of Special Permit text to allow medical office use vs. previously-permitted retail.
Mr. Fudala reported that the Planning Board had previously approved retail space for the location but that a request had been made to house South Bay Mental Health at the location, which would require a Special Permit Modification and public hearing. The change would be from retail to medical office. In addition, the applicant has requested a waiver of the review fee since there would be no need for engineering services. Chairman Waygan recused herself as she was a direct abutter to the property. Vice-Chair Balzarini called for a motion.
MOTION: Mr. Mullin made a motion to schedule a public hearing for Mashpee 130 Shops on August 3rd at 7:30 p.m. Mr. Kooharian seconded the motion. Four members voted yes, Chairman Waygan abstained.
MOTION: Mr. Mullin made a motion to waiver the review fee for Mashpee 130 Shops. Mr. Kooharian seconded the motion. Four members voted yes, Chairman Waygan abstained.
Applicant: Community Health Center of Cape Cod Inc.
Location: 107 Commercial Street
Request: Modification of Special Permit to add an approximately 22,100 square foot, 2 story addition to the existing structure; a total of 163 parking spaces and new drainage, septic, landscape and associated site improvements.
Mr. Mullin made a motion to schedule a public hearing for Community Health Center of Cape Cod Inc. on August 3rd at 8:25 p.m. Mr. Kooharian seconded the motion. All voted unanimously.
Mr. Rowley offered to review the plans and contact the applicant directly with any questions. The Chair agreed. Mr. Fudala stated that the plan had been approved by a Cape Cod Commission subcommittee as a project of community benefit and that the final hearing would be considered on August 4.
BOARD ITEMS
Reorganization
Mr. Balzarini made a motion to open up the nominations for the reorganization of the Planning Board.
Mr. Balzarini made a motion to nominate Mary Waygan for the Chairman. Mr. Kooharian seconded the motion. All voted unanimously.
Mr. Balzarini made a motion to nominate Joe Mullin as Vice-Chairman. Chairman Waygan seconded the motion. All voted unanimously.
Mr. Mullin made a motion to nominate George Petersen as Clerk. Mr. Balzarini seconded the motion. All voted unanimously.
Chairman’s Report
No report at this time
Reports
Environmental Oversight Committee-Chairman Waygan reported that the Mashpee Blue
Pages had been distributed to Mashpee residents, with additional copies available at Town Hall and additional copies to be sent to the schools in the fall. The Chair thanked the Environmental Oversight Committee for their efforts in producing the resource.
Design Review Committee-Mr. Kooharian reported that signs were approved for Painted
Red Nails, Gold Finger Handcraft Jewelry, Smitty’s Ice Cream and the Lobster Trap and Harper Dance Center. Mr. Kooharian also reported that the combined Design/Review Committee also reviewed the revised site plans for 64 Industrial Drive, the minutes of which were provided to Planning Board members. Mr. Balzarini inquired about the potholes in the driveway of the Lobster Trap and Mr. Kooharian responded that the Committee reviewed only the signage, but noted that the sign installed was different from what was approved. It was recommended that Building Commissioner be contacted.
Community Preservation Committee-Chairman Waygan reported that the CPC approved
a revised application and recommended it for Town Meeting for the Pickerel Cove Recreational Area in the amount of $64,000. Improvements would be made to the fields, parking area and boat launch. The application has been revised to create a smaller parking area in response to an abutter’s concerns. The abutter has met with Conservation Agent Drew McManus and DPW Director Catherine Laurent. There was also discussion regarding the possibility of installing gates and increased monitoring by the police department.
Historic District Commission-No meeting
Old Business
Comprehensive Plan
-Economic Development Element Draft-Bill Newton did not complete his work on the draft so Mr. Fudala has been working on updating the draft in preparation for the EDIC’s upcoming meeting. The Chair stated that the EDIC would be in attendance at the next meeting on August 3. The Chair requested that the meeting begin at 6:30 pm to allow one hour for discussion about the Economic Development Draft. Chairman Waygan asked that members review Mr. Fudala’s final version of the draft.
-Affordable Housing Element Draft
-Health & Human Services Element Draft
-Solid & Hazardous Waste Element Draft
Development Agreement Bylaw-Mr. Fudala referenced the article reflecting changes approved by the Planning Board that will be forwarded to the Board of Selectmen upon approval by the Planning Board.
Mr. Balzarini made a motion to recommend the proposed changes to the Development Agreement Bylaw and to submit the Article to the Board of Selectmen for placement on the October Town Meeting Warrant. Mr. Petersen seconded the motion. All voted unanimously.
New Business
July 20 Meeting Status-The Chair canceled the July 20 meeting.
C. Rowley June 23, 2011 Southport Expense Voucher for $190
Mr. Kooharian made a motion to approve and pay Charles Rowley. Mr. Balzarini seconded the motion. All voted unanimously.
CORRESPONDENCE
-July 21 DCPC notice
-Copy of letter to the editor from Maxine Wolfset
-Cape Cod Commission, Notice of Minor Modification of Jobs-Whitings DRI
-Cape Cod Commission Reporter–June 16, 2011
-Bennet Environmental Associates, Inc–2010 Windchime Point Water Quality Monitoring program Annual Report
-United Water–May 2011 monitoring well report for SouthCape Village
-United Water–May 2011 monitoring well report for North Market Street
ADJOURNMENT
MOTION: Mr. Balzarini made a motion to adjourn. Mr. Kooharian seconded the motion. All voted unanimously. The meeting adjourned at 8:37 p.m.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
LIST OF DOCUMENTS
-Minutes of 6/21/11 Combined Meeting of Mashpee Design Review Committee and Mashpee Plan Review Committee
-Application for Special Permit Modification, Mashpee 130 Shops
-Bill Hulbig, Mashpee 130 Shops, Fee Waiver Request
-Site Plan for South Bay Mental Health
-John Wilcox Email, Ashers Heights Homeowners Association
-Southport Planned Retirement Community, Final Site Review Plan Modification
-John Cadete, Application for Special Permit Modification
-John’s Pond Realty Trust 1995 Modification of a Special Permit
-John’s Pond Center, Dunkin Donuts Walk-In Cooler Special Permit Modification #6
-Charles Rowley 7/6/11 Letter, 64 Industrial Drive at Commercial Street
-64 Industrial Drive, List of Maximum Uses and Square Footage of 61 Spaces Provided
-Draft Allowed Uses
-Charles Rowley 7/1/11 Letter, 64 Industrial Drive at Commercial Street
-64 Industrial Drive Site Plans, 5/20/11
-64 Industrial Drive Floor Plans, 6/15/11
-Development of Regional Impact Hardship Exemption
-July 21 DCPC Notice from Cape Cod Commission
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