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Planning Board Minutes 08/03/2011
Mashpee Planning Board
Minutes of Meeting
August 3, 2011 at 6:30 p.m.
Selectmen’s Meeting Room, Mashpee Town Hall
Approved 5-0 on 8/17/11
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 6:30 p.m. on Wednesday, August 3, 2011.

Planning Board Members Present:  Chairman Mary Waygan, Vice Chair Joe Mullin, Clerk George Petersen, Dennis Balzarini, David Kooharian
Also Present:  Tom Fudala-Town Planner, Members of the EDIC, Charles Rowley-Consultant Engineer

APPROVAL OF MINUTES  July 6, 2011
MOTION:  Mr. Balzarini made a motion to approve the July 6th minutes as written.  Mr. Mullin seconded the motion.  All voted unanimously.

COMPREHENSIVE PLAN
Economic Development Element Draft Discussion with the Economic Development Industrial Corporation (EDIC)
Chairman Terri Cook called the meeting of the EDIC to order at 6:35 p.m.  Members included Ms. Cook as Chair, Bob Cobuzzi and Mary LeClair, Vice Chair.

Chairman Waygan referenced the SWOT Matrix and Findings located on page 44 and Section 8, Strategy and Action Plan on page 49.  Ms. Cook thanked the Planning Board, noting that the July 6 draft was representative of the EDIC’s unanimous vote to support the SWOT Analysis.  Chairman Waygan stated that the Planning Board had not yet reviewed the Strategy and Action Plan and invited the EDIC to share comments about the Plan.  Members of the Planning Board had no additional comments regarding the draft, besides Section 8.  Mr. Fudala stated that the draft reflected all updates requested by the Planning Board and that he had not made any changes to Section 8.  Mr. Fudala noted that the document was a draft that would not be adopted for some time.

Ms. Cook announced that the EDIC had been in receipt of direct local technical assistance funds (Delta Funds from the Commission) and that they would be working cooperatively with the Falmouth EDIC.  A consultant will be hired who will be responsible for developing business plans for both Falmouth and Mashpee.  Ms. Cook noted that the funds must be utilized by the end of the current year.  Ms. LeClair noted that Falmouth and Mashpee will have a joint meeting, then separate meetings since the towns are seeking different business plans, and then meet jointly.  The funds were awarded in an effort to develop a business blue print for the upper Cape.  Chairman Waygan requested that the EDIC joint strategy be included as an action step.  Mr. Fudala recommended that it be placed in Policy 3.  Mr. Fudala recommended that the draft be shared with the consultant for his comments.  Ms. Cook noted the intent to expand to the entire upper Cape since the towns, although different, have similar needs.  Mr. Balzarini inquired about the ways in which the process would be fair to each of the towns and Ms. Cook responded that the consultant would be hired to treat both towns equally and that the Falmouth and Mashpee organizations had a good working relationship.  Mr. Cobuzzi referenced an example of a new company interested in operating in Falmouth, but due to limited available land, could build the facility in Mashpee.  Mr. Balzarini inquired whether there would be an agreement that Falmouth hire residents from Mashpee and Ms. Cook responded that they had not yet reached that point.  Ms. LeClair noted that both Falmouth and Mashpee have emphasized that jobs would be a priority.

There was discussion about the removal of a completed action item and Chairman Waygan recommended that it remain and noted as accomplished since it would allow a reviewing organization to see that the item had been accomplished while the plan was being developed.  Ms. Cook referenced Policy 5, Action C on page 52, noting that the EDIC has continued to work with the Mashpee Chamber of Commerce and are seeking their assistance to fill a real estate position on the EDIC.

Chairman Waygan read for the record Policy 1 located on page 49 and Mr. Petersen inquired about the meaning of “neighborhood” used in the statement.  Mr. Fudala suggested that “neighborhood” was a term regularly used by Mashpee Commons to reference their development.  The Chair suggested that use of neighborhood connotes a residential area rather than a development.  “Neighborhood” was removed from the statement.

Mr. Petersen inquired about the use of “satisfying” in Action B.  Mr. Fudala responded that the issue related to the Natural Heritage Program and turtle habitat.  There was discussion about re-wording the statement.  “Satisfying” was replaced with “accommodating.”

Chairman Waygan referenced the SWOT threat of traffic and inquired whether Policy 1 should reference the need to improve traffic flow in order to protect the economic value of Mashpee Commons.  Ms. Cook suggested that Action C addresses the issue when it references balancing future interests.  Mr. Fudala reported that the Policies and Action Plans were developed prior to Planning Board changes to the SWOT and that they were not updated by Bill Newton.  Mr. Kooharian suggested that traffic issues required their own category.  The Chair suggested proposing traffic policies that promoted economic development and are not detrimental to economic development.  Mr. Petersen suggested that it be added to Policy 4 as Action F.  Mr. Fudala will add a statement to Policy 4.

The Chair read Policy 2.  There was discussion regarding the existing golf courses and “two” was removed from the statement.

Regarding Action B, Mr. Petersen inquired about the location of the Doreen Grace Brain Center and Mr. Fudala responded that the referenced land was 6+ acres located across from the Health Center on Commercial Street.  Ms. Cook reported that the EDIC would be meeting with the Board of Selectmen to discuss use of the parcel along with 2+ acre lot on Industrial Drive.  Ms. Cook further stated that there was a Town Meeting vote to transfer the Industrial Drive parcel to the EDIC for future economic development, but that the deed had not yet been recorded.  The Chair recommended that the statement be ended after the second line.  Mr. Petersen inquired whether the resort communities would promote a hotel and conference center, suggesting that the existing resort communities featured many of the area’s attractions, such as golf and beaches.  Ms. Cook responded that the parcel was considered for a hotel because of its proximity to Mashpee Commons, South Cape Village and the beach.  Mr. Cobuzzi suggested that New Seabury would not be inclined to construct a hotel.  Mr. Petersen suggested that golf, beaches and the village would attract additional visitors.  Ms. Cook stated that the communities were private.  Mr. Fudala stated, that under the previous leadership, New Seabury had considered a hotel, but that the current ownership was proposing single family homes in its place.  Chairman Waygan suggested working cooperatively with the Chamber of Commerce and developing a tourism fund in order to promote tourist attractions and a hotel and to create packages and links with various events.  Ms. Cook stated that the EDIC has discussed the many aspects of a hotel and tourism for many years.  Mr. Fudala reported that the Cape Cod Chamber of Commerce has stated that there were too many hotel accommodations on the lower end and that there was a need for conference center type hotel rooms.  Mr. Balzarini suggested the Wampanoag Cultural Center as a draw.  Mr. Fudala referenced the statement and emphasized the importance of the available town land and potential for tax increment and financing.  It was agreed that “. . .town owned land or private entity and tax increment financing and other tools available through the designated Economic Opportunity Area” would be added to the statement.

Regarding Action C, Ms. Cook reported that developing a performance arts center has been removed from their planning, although some individuals continued to express interest in a center.  Ms. LeClair recommended that the Mashpee Concert Committee be contacted to develop a partnership since funds may be available to pursue the arts in Mashpee.  Mr. Kooharian emphasized the importance of the arts that could provide an identity for many years, and the possibility of displaying the arts in a center at Mashpee Commons and also at other locations throughout town.  Ms. Cook added the possibility of organizations in Mashpee promoting the center and the arts.  Mr. Kooharian emphasized the value of branding the Town with the arts to provide a unique character to Mashpee.  Mr. Kooharian stated his preference that more commitment be devoted to the arts in Mashpee.  There was discussion about adding another Action.  Ms. LeClair referenced the success of the Cotuit Center for the Arts.  Mr. Kooharian noted that efforts to promote arts and education to children also required that it be integrated in the day-to-day world.  It was determined that three Actions were need, building the center, development of an Arts Council and a visual presence.  Mr. Fudala will draft text.

Mr. Kooharian referenced Action B and suggested the possibility of promoting local farming.  Chairman Waygan recommended adding “Promote local agriculture” to Policy 4.  

Ms. Waygan referenced Action F in Policy 2 recommending the development of ecotourism.  Wording was requested to add “and develop a consolidated plan to promote and develop ecotourism in Mashpee” at the end of the statement.  Mr. Petersen inquired about connecting the north and south sides of Great Neck Road with sidewalks and Ms. Cook responded that Great Neck Road would be reconstructed with sidewalks and other improvements.  

Ms. Cook inquired whether the Planning Board wished for the EDIC to return to a future meeting to further discuss the draft.  Ms. Cook stated that the EDIC agreed with Policy 3.  Ms. LeClair referenced Action A regarding recruitment to the EDIC and suggested that it was unnecessary since the EDIC would be responsible for recruitment and Ms. Cook added that specific members were needed to make up the membership.  Ms. Cook stated that the EDIC could return following the development of their business plan.  The EDIC adjourned their meeting at 7:32 p.m.

While awaiting the 8:10 p.m. public hearing, the Board returned to discussion of Policy 3 located on page 50.  Chairman Waygan requested that Action A be removed as requested by members of the EDIC.  The Chair recommended that Action B be referred to the EDIC regarding its possible removal.  Action C was changed to read “. . . oversight of the town’s economic development efforts to the Assistant Town Manager who will provide staff support to the EDIC.”  

There was discussion regarding Policy 4 to attract new businesses.  Policy 4 was changed to read “Attract new businesses through tax incentives, zoning incentives, infrastructure improvements, worker training and the provision of an efficient and equitable project review process.”  Action A was changed to read “Invest in water/sewer/road infrastructure that will facilitate business investments that will create new jobs.”

PUBLIC HEARING

7:30    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.
Chairman Waygan recused herself from the hearing because she is an abutter to the property.  Vice Chair Mullin opened the public hearing and read for the record the request.

MOTION:  Mr. Petersen made a motion to open the public hearing.  Mr. Balzarini seconded the motion.  All voted unanimously.

William Holbig, landlord of the Mashpee 130 Shoppes, reported that the tenant, Bay State Mental Health, was a clinical office wishing to relocate to Mashpee.  The office would be located in the front building.  Issues regarding sprinklers and access have been addressed with the Fire Department.  A letter has also been sent to the Board of Health.  Mr. Fudala referenced the Design Review minutes containing their motions for the application.  Mr. Fudala drafted a proposed decision for consideration by the Board.  Mr. Fudala noted that, while reviewing the original permit, he discovered items that had not been addressed and incorporated them into the Special Permit Modification Decision.  Mr. Fudala noted that changing the use from retail to medical office would result in there being too many parking spaces.  It was noted in the decision that there would be adequate parking available since it was unlikely the Board would request that parking spaces be removed.  Mr. Fudala noted that the Title V Septic System was built to handle 478,000 gallons per day and inquired whether it was sufficient for the new use.  Mr. Holbig responded that the Board of Health indicated that it would be sufficient and that a letter had been drafted.  Mr. Fudala requested a copy of the letter.  Mr. Fudala confirmed that a floor plan of the building had been submitted and that it had been amended, and that the exterior would remain the same.  There was no public comment.

MOTION:  Mr. Balzarini made a motion to close the public hearing.  Mr. Petersen seconded the motion.  All voted unanimously.

MOTION:  Mr. Balzarini made a motion to accept the Special Permit Modification to Mashpee Route 130 Shoppe, Inc. to become a medical center instead of retail.  Mr. Petersen seconded the motion.  All voted unanimously.

Vice Chair Mullin signed the decision.  Chairman Waygan returned to the meeting.

Board Procedures
Mr. Mullin requested that an item be added to the agenda for discussion.

MOTION:  Mr. Balzarini made a motion to add Board Procedures to the agenda.  Mr. Mullin seconded the motion.  

ROLL CALL VOTE:  Mr. Mullin, yes; Mr. Balzarini, yes; Chairman Waygan, yes; Mr. Petersen, yes; Mr. Kooharian, yes

Mr. Mullin requested that, in line with other boards on Cape Cod and with the state legislature, the Planning Board recite the Pledge of Allegiance prior to each meeting.

MOTION:  Mr. Mullin made a motion that the Planning Board start the meeting by reciting the Pledge of Allegiance.  Mr. Balzarini seconded the motion.  

There was discussion regarding disagreement and support of the motion.  It was suggested that although members may be patriots of the U.S., it was unnecessary to take the oath at each meeting.  There was question whether a motion had been made and the recording was played back to confirm that a motion had been made and seconded.  Mr. Fudala noted that no other town boards recited the Pledge of Allegiance.  Chairman Waygan expressed concern about forcing an issue onto the agenda which challenges the authority of the Chair.  Mr. Petersen stated that he did not object to reciting the Pledge of Allegiance but also stated that it was necessary to respect other opinions.  Mr. Petersen did not believe it was a necessity to recite the Pledge of Allegiance at each meeting.  Mr. Kooharian stated his personal objection to being required to recite the Pledge of Allegiance and the meaning behind the Pledge and importance of taking an oath.  Mr. Mullin stated that he respected members’ opinions and right to not say the Pledge but that he also be afforded the same right to recite the Pledge.  The Chair expressed her opinion that the Pledge be reserved for special moments and occasions.  The Chair applauded her fellow Board members for their involvement in local government and that their vote would be no indication of their level of patriotism.  Mr. Mullin stated that the Planning Board was elected by fellow citizens and worthy of professing the oath.  It was clarified that a yes vote would make it mandatory that it be placed on the agenda but that members would not be forced to repeat the Pledge of Allegiance.

ROLL CALL VOTE:  Mr. Mullin, yes; Mr. Balzarini, yes; Chairman Waygan, no; Mr. Petersen, yes; Mr. Kooharian, no.  The motion passes.

Mr. Mullin recited the Pledge of Allegiance.

7:50    Applicant: 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 July 6, 2011)

MOTION:  Mr. Balzarini made a motion to open the public hearing for 7:50 by Ashers Heights Homeowners Association.  Mr. Kooharian seconded the motion.  All voted unanimously.

Mr. Fudala reported that the Association President had requested that the hearing be continued to August 17.  

MOTION:  Mr. Balzarini made a motion to continue the public hearing to August 17 at 7:10 p.m.  Mr. Kooharian seconded the motion.  All voted unanimously.

8:10    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 July 6, 2011)

MOTION:  Mr. Balzarini made a motion to open the 8:10 public hearing.  Mr. Mullin seconded the motion.  All voted unanimously.

Chairman Waygan read for the record the public hearing notice.  Attorney Dan Creedon reported that he had discussed the decision with his client who was prepared to abide by the decision.  Mr. Fudala confirmed that an amended landscaping plan had been received allowing access to the bio retention areas.

MOTION:  Mr. Balzarini made a motion to close public hearing.  Mr. Mullin seconded the motion.  All voted unanimously.

MOTION:  Mr. Balzarini made a motion to accept the Special Permit Decision as written by the Town Planner.  Mr. Mullin seconded the motion.  All voted unanimously.

Mr. Kooharian signed the decision.

8:25    Applicant: Community Health Center of Cape Cod, Inc. (underlying land is leased to the applicant by the Town of Mashpee)
Location: 107 Commercial Street (Mashpee Assessors Map 81, parcels 129 and 18)
Request: Special Permit Modification to construct a 22,100 sq. ft. expansion to the existing 9900 sq. ft. Community Health Center of Cape Cod.
        
MOTION:  Mr. Balzarini made a motion to open up the public hearing.  Mr. Mullin seconded the motion.  All voted unanimously.

Chairman Waygan read for the record the public hearing notice.  The Chair disclosed the fact that her mother was a founding member of the Community Health Center but that she did not have a conflict of interest at this time.  Attorney Eliza Cox, Nutter McClennen & Fish, addressed the Board on behalf of the applicant and introduced Dave Peterson, President of the Community Health Center Board of Trustees, Karen Gardner, CEO of the Community Health Center of Cape Cod,  Michael McGrath, civil engineer for the project and Kristie Murphy, contractor for the project.

Ms. Cox summarized the application seeking to amend the existing Special Permit to add 22,200 square feet to the Center.  Ms. Cox wished to discuss the project but was not requesting a vote since the project was before the Cape Cod Commission for review, which has issued a draft decision that is favorable with conditions.  Mashpee is unable to make a decision on the project without the Commission’s final approval.  Ms. Cox reported that a $6 million grant was received from the federal government to fund the expansion with a condition that the Center be open by September 2012, so they are attempting to move forward very quickly.   Ms. Cox summarized the existing conditions of the 4.65 acres at 107 Commercial Street.  The land is owned by the Town of Mashpee, and the Community Health Center of Cape Cod signed a 95 year lease in 2007.  Ms. Cox reported that the property has not been mapped for endangered species, does not have wetlands and is not located within DEP zones of contribution.  Ms. Cox detailed previous Zoning Board of Appeals Special Permits.  

Ms. Cox described the project as a benefit to the community.  The Center was organized in 1997 as a Massachusetts non-profit charitable corporation and governed by a private and volunteer Board of Directors.  The purpose of the Center has been to increase access to health care for the uninsured and underinsured by providing a free clinic as a charitable corporation.  Its mission is to improve the health status of the patients in the community served for the provision of comprehensive, high quality, compassionate healthcare to all, regardless of their ability to pay.  Ms. Cox stated that the Center was one of only 1,200 across the country.  The Center provides primary and preventative healthcare such as doctor’s visits, dental care, case management for chronic conditions, mental health care, counseling and women’s health care.  The Center offers services 12 hours per day, 6 days per week and is a provider to 12,000 patients.  There has been a demand for increased care, and the Center experiences 180-200 new patients per month.  The addition will allow the Center to increase the number of patients to 18,000.  Ms. Cox added that the area has been identified as a federal medically underserved area due to the shortage medical and dental professional as well as the number of people who are uninsured or underinsured.  The Center has assisted families with acquiring health insurance, as well as provided access to free or low cost medication and other needed services.  The Center provides $210,000 worth of uncompensated care and provides $384,000 worth of enabling services.  

The Center is also beneficial to the Town, employing 125 people with a total annual salary of over $6 million.  Additionally, $2 million each year is spent on supplies and services, much of which is locally spent.  The expansion will create 169 construction jobs with an average of $69.15 per hour, totaling $3.9 million in construction labor costs.  The Health Center plans to hire 12 new full time positions and 7 part time positions.  Ms. Cox noted that the Health Center was incorrectly referred to on page 27 of the Economic Development draft.

Mr. McGrath, engineer for Holmes and McGrath, distributed plans to members of the Board.  Mr. McGrath stated that a new parking lot would be constructed along with the addition.  A new treatment system will also be added.  Regarding site improvements, the drainage system for the parking lots has been relocated to along Route 28 and an access has been created for the Fire Department.  Utilities will access the property at Commercial Street and the plans have been revised per Mr. Rowley’s recommendations.

Ms. Gardner, CEO, presented the exterior views of the structure, stating that coloring and plantings associated with the addition would tie in with the existing building.  The new lighting and projection may appear different as the project was expected to be LEED certified.  Ms. Gardner noted that the existing building would be connected to the new building and that the new structure would feature a second new main entrance with a portico.  The new 22,000 square foot, two story structure will offer a patient centered approach to care.  New services such as vision and pharmacy will eventually be featured in the new building.  The new dental space will allow an increase from 3 dental labs to 10.  Ms. Gardner noted that the Center will be working with Cape Cod Community College to provide teaching and residency opportunities.  The existing building will continue to provide same day access services.  Ms. Gardner stated that the new structure will add 29 exam rooms to the general medical clinic.  The area connecting the two structures will offer x-ray and ultrasound, additions to the services currently available at the Center.

Ms. Cox referenced the effort to acquire LEED certification for the project.  Total nitrogen loading calculations after the addition were studied and determined to be 3.86 parts per million.  Bio retention areas are being installed to address stormwater issues on site and a stormwater maintenance and operations plan has been submitted.  A traffic study has resulted in an aggressive travel demand management program to encourage employees and patrons to find alternative means to reach the Center other than 1 person per car.  It has been determined that increased traffic at the two driveways would not result in any degradation of the safety of the intersections.  Regarding permitting, Ms. Cox reported that the Board of Selectmen voted to support the project in April and serve as a co-applicant to the Cape Cod Commission.  The Design/Plan Review Committee and the Board of Health have also reviewed the plan.  The full Cape Cod Commission will be voting on the project on August 4.  Ms. Cox referenced criteria in the Zoning Bylaw Section 174 24C and reiterated the ways in which the project would be a benefit with no detriment to the Town.

Chairman Waygan invited the public to provide comments.  Derek Mills, son of Carl and Dolores Mills who abut the property, expressed concern regarding the lighting and its impact to their property.  Mr. Mills inquired about whether there would be a buffer, vegetation or fence, to allow privacy and the location of lighting that may impact their ability to sleep.  Ms. Mills also inquired about the location of hydrants in case of fire and how close the project will be to their property line.  Ms. Mills referenced a light post that was installed a few years ago that shines light into their bedroom.  Ms. Mills noted that she did not disapprove of the project and felt that it would be good for the community.  

Ms. Cox referenced the lighting plan and suggested that lighting along the Mills’ property would be zero foot candle, shielded down to stay within the property line.  Consulting the map, it appeared that one pole light would be approximately 80 feet from the home.  Chairman Waygan suggested the possibility that the one pole be placed on a timer.  Ms. Cox responded that all lights would be on timers and stated that the hours of operation would be 8:30 a.m.-8:00 p.m., and that the lights would be timed to daylight.  It was noted that the pole in question may be able to be placed on a separate circuit so that it could be turned off earlier.  The Chair stated that it could be placed as a condition on the permit modification.  

Mr. Fudala reported that the landscaping plan showed no buffer and that the parking lot would be on a steep slope above the Mills property.  Ms. Cox noted that the buffer had been proposed as vegetation.  Mr. Fudala suggested a fence since vegetation would not create a buffer due to the parking lot being higher than the Mills property.  Ms. Cox stated their preference to use vegetation and a light cut off as required by the Cape Cod Commission.  It was noted that the landscaping plan would be presented at the next meeting.  Mr. Petersen suggested that a fence would better deflect the sound from the parking lot.  Regarding hydrants, Mr. McGrath reported that the hydrants were existing and that the plan had been reviewed by the Fire Department.  Mr. McGrath reported that the setback from the property line to the pavement of the parking lot was 15 feet.  Ms. Cox referenced the C-9 erosion, sediment control plan and the need to maintain a close limit of work.  Mr. Fudala stated that the 15 feet would be totally cleared and that there was no indication of buffering.  Ms. Cox stated that the issue would be discussed further.  Mr. Petersen noted that the area would likely see a lot of car activity due to its proximity to the entrance and that he was concerned about hearing the car activity throughout the day.  Ms. Cox indicated that it would be considered further.  A copy of the plans was provided to the Mills.  There were no additional public comments.

Mr. Rowley reported that he met with Holmes McGrath on two occasions, when several issues were discussed, some of which were addressed this evening.  Mr. Rowley had also expressed concern and confirmed that there was no landscaping in the area adjacent to the Mills property which features a 4-5 foot slope.  Mr. Rowley confirmed that the parking lot would be above grade and that sound and light would be issues requiring consideration of a fence and landscaping to reduce headlight glare and car sounds.  Mr. Rowley stated that several issues, such as grading and stormwater management, particularly around the Mills property, have been addressed.  Mr. Rowley referenced the Rt. 28 emergency access and inquired whether a curb-cut permit would be needed from Mass Highway and was informed that it would not be necessary.  Mr. Rowley reported that Fire Chief Baker had not seen the access road design for some time, so Mr. Rowley forwarded copies of the access road details.  Chief Baker was seeking an adjustment to the design of the surface as well as the addition of a handicap ramp to prevent fire vehicles from having to jump a 6 inch curb.  Mr. Rowley stated that issues from his July 25th letter have been addressed by Mr. McGrath.  Mr. Rowley has not viewed the lighting or landscaping plan.  Mr. Rowley recommended approval with the conditions listed on pages 2 and 3 of his August 3rd letter.  

There was discussion regarding the drafting of a decision.  Ms. Cox offered to draft a decision which would be reviewed and adjusted by Mr. Fudala.  Ms. Cox noted that a Mass DOT permit would be needed and that the Fire Department attended the Plan Review meeting and indicated that they could ride over the curb, but that the issue would be discussed further with the Department.

Mr. Petersen inquired whether there would be signage identifying the emergency access as such.  Ms. Cox responded that it was intended that a curb would be maintained, eliminating the need to mark it as emergency access only.  Ms. Cox stated that she would be discussing the curb versus a ramp with the Fire Department.  Ms. Cox further stated that the access would be a meandering sidewalk, as required by the Cape Cod Commission, with reinforced concrete covered by grass pavers to enable access by emergency vehicles.  Mr. Petersen expressed concern that the access could be confusing, enabling people to use it as a driveway.  Mr. Rowley responded that the sidewalk would appear as a 4 foot sidewalk.  Mr. Rowley also noted his recommendation that the tree line be pushed back to allow access for the apparatus and snow clearing.  Chairman Waygan suggested including signage in the conditions.  Mr. Rowley offered an alternative of using sloped granite edging in place of a 6 inch curb or handicap ramp.

Mr. Balzarini inquired whether the construction would be a prevailing wage job given the use of federal funds and the location of workers.  Kristie Murphy, project manager from JK Scanlon, responded that they were drafting a bid list with preference for local workers.  Regarding prevailing wage, Ms. Gardner responded that the funds were awarded from the Recovery and Reinvestment Act which did not require that it be prevailing wage.

Mr. Mullin, Mr. Petersen and Mr. Kooharian indicated their support of the project.  Chairman Waygan stated her intent to require fencing along the Mills property.  The Chair requested receiving an electronic copy of the traffic report.  The Chair also requested that there be a statement confirming that the emergency access be cleared of snow during the winter.  The Chair noted that the lighting plan should include documentation that the lighting would be on timers.  Mr. Fudala added that the timing for lighting should also be included.  Mr. Rowley inquired about how much lighting would be security lighting and on throughout the entire night.  The Chair requested that copies of the plans be available for the Mills family at the next meeting and indicated her support for the project.

MOTION:  Mr. Balzarini made a motion to continue the public hearing to August 17th at 7:25 p.m.  Mr. Mullin seconded the motion.  All voted unanimously.

BOARD ITEMS
Chairman’s Report
Windchime Point Tree Removal Report-Chairman Waygan summarized the Inspection Report, a copy of which is attached.  There was unanimous consent from the Board regarding the inspection.  

Reports
Environmental Oversight Committee-Mr. Petersen stated that the passing of Ed
Baker and his involvement in environmental issues were again recognized at the meeting.  It was determined that members of the Environmental Oversight Committee would become more involved in and informed about environmental issues being addressed throughout Mashpee.  Mr. Petersen specifically referenced the movement to reduce the use of phosphorus containing fertilizer in Mashpee.  Selectman John Cahalane could be contacted for more information.

Design Review Committee-Mr. Kooharian reported that a temporary sign was approved for
Home to Home Furnishings, a South Cape Village store and that landscaping plans were reviewed for Stonewood Products.  Hadam Enterprises planned to remove a structure and offer only gas pumps.  The Committee also reviewed 130 Shoppes and the Community Health Center.

Community Preservation Committee-Chairman Waygan reported that there were no
changes to the October Town Meeting Warrant.

Historic District Commission-No meeting

Old Business
        Comprehensive Plan Status-Mr. Fudala reported that Gail Wilson, Human Services Director, has requested to attend the September 7th meeting to discuss the Health and Human Services Element of the Comprehensive Plan.  The draft will be forwarded in advance of the meeting.  The Chair provided consent that Ms. Wilson be added to the September 7th agenda.

The next meeting will continue with the Economic Development draft and will begin at 6:30 p.m.

New Business
        C. Rowley Expense Voucher

MOTION:  Mr. Balzarini made a motion to pay the invoices for Mr. Rowley.  Mr. Kooharian seconded the motion.  All voted unanimously.

        Stuart Bornstein-Mr. Bornstein has requested the return of his security deposit and provided a letter addressing the issues highlighted in Mr. Rowley’s February letter.  It was suggested that Mr. Rowley return to re-inspect the site and add the item to the next meeting on August 17th.
        
CORRESPONDENCE
- Cape Cod Commission, Public Hearing Notice, Cape Cod Cooperative Bank Preliminary Subdivision Plan-Meeting on the 7th at the Mashpee Senior Center at 6 p.m.
- United Water – June 2011 WWTP monitoring report for SouthCape Village
- United Water – June 2011 monitoring wells report for SouthCape Village
- United Water – June 2011 monitoring wells report for North Market Street

WATERWAYS LICENSE
- Donald & Linda Rose, Simplified License Renewal, 48 Cove Road (Wakeby Pond)


ADJOURNMENT
        
MOTION:  Mr. Balzarini made a motion to adjourn.  Mr. Mullin seconded the motion.  All voted unanimously.  The meeting adjourned at 9:45 p.m.  

Respectfully submitted,



Jennifer M. Clifford
Board Secretary

LIST OF DOCUMENTS
-7/6/11 Draft, Comprehensive Plan, Economic Development
-Design Review Minutes Regarding Mashpee 130 Shoppes, Inc.
-Special Permit Modification Decision, Mashpee 130 Shoppes, Inc.
-Special Permit Decision, Robert Spenlinhauer, Trustee of Classic Auto Realty Trust
-Windchime Point Tree Removal Report
-Public Hearing Notice, Community Health Center of Cape Cod
-Community Health Center of Cape Cod Application for Special Permit Modification
-George Baker Email Regarding Community Health Center of Cape Cod
-Charles Rowley 8/3/11 Letter, Community Health Center of Cape Cod
-Plans for Community Health Center of Cape Cod
-Bornstein Project Email


 

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