Mashpee Planning Board
Minutes of Meeting
September 21, 2011 at 7:00 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, September 21, 2011 and the Pledge of Allegiance was recited.
Planning Board Members Present: Chairman Mary Waygan, Clerk George Petersen, Dennis Balzarini, David Kooharian
Absent: Vice Chair Joe Mullin
Also Present: Tom Fudala-Town Planner, Charles Rowley-Consultant Engineer
APPROVAL OF MINUTES September 7, 2011
The Chair recommended that “Commissioners” be changed to “Board members” on pages 4 and 5. Mr. Fudala recommended that “Town Meeting” be added to the third sentence in paragraph 5.
MOTION: Mr. Balzarini made a motion to accept the minutes as amended. Mr. Kooharian seconded the motion. All voted unanimously.
SPECIAL PERMITS
Applicant: Jobs-Whitings Trust/Douglas Storrs
Location: Jobs Fishing Road
Request: Extension of time to begin construction of commercial development within Jobs-Whitings 40B project permitted by 3/5/08 Planning Board Special Permit. Previous extension to 3/5/2012 was granted on 9/16/09.
The Chair read for the record the request. Mr. Storrs summarized the permitting of the Comprehensive Plan as it related to 40B housing and commercial space and whether or not the Cape Cod Commission had jurisdiction over the Comprehensive Permit. In order not to create an inappropriate precedent, the Commission and Planning Board reviewed the commercial space located on the first floor. The Special Permit had been written for the first floor only and the Planning Board could not review the housing located on the 2nd and 3rd floors. The two year special Permit was granted in 2008 for 40,000 square feet in buildings located along Market Street. An extension was granted 1 years ago but due to the economy, construction has not yet begun. Jobs-Whitings Trust is
seeking final approval from Mass Housing prior to acquiring financing and the letter was expected to take 10 months while the permit would end in February 2012. Mr. Storrs noted his expectation that the first of the housing would be constructed at the south side of the Common, due to pre-existing infrastructure, and would represent greater housing diversity which would be an example of what would be offered.
Mr. Kooharian made a motion to extend the Special Permit for two years to March 5, 2014. Mr. Balzarini seconded the motion. All voted unanimously.
Members of the Board signed the Special Permit Decision Extension.
PUBLIC HEARING
7:10 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 August 17, 2011)
The applicant was not yet ready to provide the required documentation to the Board.
Mr. Balzarini made a motion to extend the public hearing to October 19th at 7:10 p.m. Mr. Kooharian seconded the motion. All voted unanimously.
SPECIAL PERMIT
Discussion of Downtown Park System Concept with Douglas Storrs of Mashpee Commons
Mr. Kooharian presented Mr. Storrs with a model representing a centralized park that was based on a park located in Blowing Rock, North Carolina. Mr. Kooharian described the small seasonal community surrounded by natural parks, with a tourism based economy. Mr. Kooharian described the history of the town’s center, highlighting the park’s central location and town offices and retail stores located adjacent to the park. Mr. Kooharian described the various offerings at the park to include a gazebo, public restrooms, playgrounds, ball fields, basketball courts, swimming pool, tennis courts and walking trails. The schools are also located nearby. Mr. Kooharian pointed out the similarities of the community to Mashpee and the ways in which the community could enjoy the area in addition to shopping
and restaurant opportunities. There was discussion about accessibility to walking trails, noting that Mashpee’s trails would be approximately 1 mile from the Mashpee Library with a path. Mr. Storrs invited the Planning Board to view Trout Pond where a path had been cut for the Cape Cod Commission. Mr. Storrs suggested that the area had dense vegetation around the pond and irregular topography. The Planning Board will walk through the area during the last Saturday in October. Mr. Storrs stated that there was a common area adjacent to the trust property which could eventually be connected to the school. Mr. Storrs also referenced a previous idea to create a skating rink at the cranberry bogs. Mr. Storrs agreed to develop a graphic highlighting ways in which the green areas could be connected.
Applicant: Cape Cod Regional Transit Authority / Mashpee Investors LLC owner
Location: 40 Commercial Street, SouthCape Village
Request: Modification of special permit site plan to allow for CCRTA bus shelter on existing paved parking lot island. Also, request waiver of filing and inspection fees.
Chairman Waygan read the request. Mathew Eddy of Baxter Nye Engineering was present to discuss the request submitted on behalf of the CCRTA for an 8x10 foot bus shelter with a setback of 5 feet from Commercial Street and to be located on an existing concrete, handicap accessible island. The current bus route will be altered so that the door will open up onto the concrete island.
Mr. Balzarini made a motion that a public hearing is not required. Mr. Kooharian seconded the motion. All voted unanimously.
Mr. Fudala reported that a letter had been received from the CCRTA requesting a waiver from the filing and inspection fee, adding that the $300 review fee had been paid.
Mr. Balzarini made a motion to waive the filing and inspection fees for the application. Mr. Kooharian seconded the motion. All voted unanimously.
Mathew Colbert of the CCRTA stated that the shelter would be maintained. Mr. Kooharian reported that Plan Review had supported the request. Mr. Fudala drafted a decision for review by the Planning Board.
Mr. Balzarini made a motion to approve the Modification of the Special Permit to allow the shelter to be built as proposed by Mashpee LLC. Mr. Kooharian seconded the motion. All voted unanimously.
Mr. Eddy was advised that a signed and notarized copy of the decision would be available on Friday.
Request from Stuart Bornstein, Holly Supply
Mr. Fudala reported that two copies of the as-built plan had been received from Mr. Bornstein and that Mr. Fudala had inspected the site to make comparisons to the plan. Mr. Fudala documented a series of differences in his memo dated 9/21/11.
Chairman Waygan noted her expectation that a 2011 as-built plan be submitted. Mr. Bornstein responded that the plans represented what was on the ground, adding that certain site conditions had required some changes. Mr. Bornstein stated that it would be redundant to hire an engineer to draft a new plan. Mr. Bornstein stated that there were some odds and ends variations made due to site conditions but that buildings and entrances were located where they were supposed to be located, adding that parking spots and shrubs, of which 60 additional shrubs had been planted, should not be an issue. Mr. Bornstein reported that the handicap signs had been stolen and would be replaced upon the arrival of a tenant, and would be addressed by the building inspector. In reference to the two dead trees, Mr.
Bornstein suggested that there were more trees on the site than what was originally required, adding that the property was a 15 acre site.
The Chair referenced the issue of the buildings that do not line up. Mr. Rowley confirmed that the foundations did not line up with a difference of a couple of feet and that it was not reflected on the as-built plan. Mr. Rowley indicated that the change was not significant and would not impact the site, but that the as-built plan should reflect existing conditions.
Mr. Fudala confirmed that the as-built did not match the existing conditions. Mr. Fudala noted that 8 parking spaces had been eliminated from the original plan and that the handicap parking was not marked on the pavement or by signage. Mr. Fudala stated that the fencing along the stormwater retention area ran along the pavement and featured no landscaping on either side of the fence. Mr. Fudala and the Chair emphasized a need to have a town record showing the current conditions on the site. Mr. Bornstein responded that he would have an engineer address the concerns. Mr. Fudala stated that he was responsible for certifying the landscaping but noted that the dead trees required replacement and that there were gaps in the screening with the adjacent house where there should be two trees.
Mr. Fudala referenced the stormwater swale where grass was expected but now consisted of sand and weeds which would not perform the necessary nitrogen removal. Mr. Rowley responded that constant irrigation would be necessary to encourage the grass to grow, noting that the area would otherwise dry out very quickly. Mr. Fudala stated that there was insufficient top soil. Mr. Balzarini inquired about using native plants. Mr. Bornstein stated that top soil had been originally added but that weeds had taken over, and that the result prevented erosion. Mr. Petersen agreed that if the slope was stabilized, the slope should be left alone.
Mr. Fudala suggested that no areas had been maintained. Chairman Waygan expressed concern about the gap and expressed her preference that it be addressed since the site had abutters. Mr. Bornstein stated that he installed 40 extra shrubs but that he would take another look at the site. Mr. Fudala stated that there were many trees in the north near the gym. The Chair requested that in addition to addressing the gap, Mr. Bornstein also provide an up-to-date and correct existing conditions plan. The issue will be added to the October 5th meeting.
Proposed Fuel Tanks at Southport
Ron Bonvie stated that he had hired a contractor to supply, permit and install the materials needed for the proposed fuel tanks. Mr. Bonvie explained that Southport was in need of a diesel and a gas storage tank for their maintenance, plowing and landscaping needs. The contractor was expected to attend the meeting in order to answer questions from the Planning Board.
Chairman Waygan inquired whether an emergency spill kit would be available at the site. Mr. Fudala reported that the conditions he placed in the decision were based on the Fire Department Inspector’s input and Mr. Rowley’s input. The Fire Department required that a containment enclosure be added, that a fence be placed around the pad for security, which was not reflected on the plan, and an emergency spill kit located at the location of the tanks. An updated plan must reflect these items at the site. It was determined that the decision could be approved pending the receipt of an updated plan.
Mr. Petersen inquired whether there would be any fire prevention in place such as with automatic shut off valves or double wall containment. Mr. Rowley stated that there would be no overhead fire prevention. Mr. Bonvie stated that the hired contractor had installed many tanks that had met State requirements, and that he anticipated him attending the meeting to answer the Board’s questions. Mr. Petersen suggested that more information was needed and that he would check on the State building codes to verify the requirements. Mr. Bonvie noted that his contract required that all codes be satisfied. The decision will be tabled until October 5 to allow receipt of a more detailed plan.
COMPREHENSIVE PLAN
Continuation of Review of Draft Economic Development Element Update
Discussion was tabled for another time for Planning Board members to review the draft.
Town Planner Report on Meeting with Human Services Meeting
Mr. Fudala reported that the Committee discussed the post Planning Board draft and members made further suggested changes, primarily in text. The goals and objectives will be re-drafted and sent to Board members. There has not yet been a resolution to the question about the population numbers. There was a correction to Mashpee Police Statistics on page 11. Gail Wilson will be re-writing the hoarding section. It was requested that “Health” be removed since the draft dealt only with Human Services. The action plan has not yet been addressed. Mr. Fudala will forward the updated draft to Planning Board members.
BOARD ITEMS
Old Business
New Business
-Chairman appointment of alternate Design Review Committee member(s)
Mr. Mullins was nominated to serve as an alternate Design Review Committee member. Mr. Mullins will be contacted to see if he is interested.
-Chairman report on Windchime Point Site Visit
The Chair referenced her written report about the site visit and tree removal. The Chair stated that some trees, located close to home and vehicles, would be replaced by smaller ornamental trees with less sail.
CORRESPONDENCE
WATERWAYS LICENSE
-Joan Abraham, 95 River Road, renew license for dock in Mashpee River
ADJOURNMENT
MOTION: Mr. Balzarini made a motion to adjourn. Mr. Kooharian seconded the motion. All voted unanimously. The meeting adjourned at 8:25 p.m.
Respectfully submitted,
Jennifer M. Clifford
Board Secretary
LIST OF DOCUMENTS
-Douglas Storrs Letter to the Planning Board
-Mashpee Commons Master Plan
-Special Permit Decision Extension
-Modification of Special Permit Decision for Mashpee Investors LLC
-Tom Fudala Memo Regarding Holly Management Self-Storage Inspection
-Chairman Waygan Report on Windchime Point Tree Removal Site Visit
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