Town of Mashpee, MA - Planning Board Minutes 04/20/2005

The Town of Mashpee Planning Board Meeting was called to order in Conference Room #1, Mashpee Town Hall, 16 Great Neck Road North, Mashpee, Massachusetts at 7:00 p.m. The Chairman, Beverly Kane, presided.

Planning Board Members present: Dennis Balzarini, Vice Chairman; Steve Dolan (7:05); Lee Gurney; John Halachis; Beverly Kane, Chairman; and Myrna Nuey, Associate Member.

A quorum being present the Chairman called the Meeting to order. As the first order of business she addressed the matter of Minutes.

MOTION: Dennis Balzarini made a Motion to approve the Minutes of the September 1, 2004 Meeting, as amended, (pg. 5-“Shoestring”; pg. 6 delete “did”, “Sarah Gorczyca”; pg. 7 “is”; and pg. 12 “lane shifts”); which Motion was duly seconded by Lee Gurney and so voted unanimously.

MOTION: Dennis Balzarini made a Motion to schedule a Public Hearing in this matter for May 18, 2005 at 7:25 p.m.; which Motion was duly seconded by Steve Dolan and so voted unanimously.

Submission made by the Charter Bylaw Review Committee amending Sec.174-95 to increase the powers of the Zoning Board of Appeals to include those currently held by the Subdivision Board of Appeals which may issue building permits which would otherwise be prohibited by Planning Board road construction standards or subdivision approval conditions.

Submission by the Zoning Board of Appeals amending Sec. 174-91 to change the term of Zoning Board of Appeals members back to three (3) years from the five (5) years adopted October 2003.

Submission by the Zoning Board of Appeals and Planning Board amending Sec. 174-92 specifically authorizing the Zoning Board of Appeals to elect a Vice Chairman.

Submission by the Zoning Board of Appeals and Planning Board amending Sec. 174-24 C-9 to specify that modification of the Zoning Board of Appeals special permit requires approval of four (4) or five (5) members of the Board as provided in the State Zoning Act.

Article 15 – The Assistant Town Planner explained the Town Planner is advising that the Board vote against this article. One issue of concern being the submission (by the Charter Bylaw Review Committee); the other being authorization of the Zoning Board of Appeals to review/appeal road design matters, taking that process away from the Planning Board and Department of Public Works.

The Chairman recognized Bob Nelson, Zoning Board of Appeals, who explained the Charter Commission proposed this article, not the Zoning Board of Appeals. However, the Zoning Board of Appeals is not in opposition to assuming this responsibility. He did inform the Planning Board that he would support the Planning Board decision in this matter.

MOTION: Steve Dolan made a Motion to make “No Recommendation” on Article 15, with the understanding said vote will table the article; which Motion was duly seconded by Lee Gurney and so voted unanimously. 5-0

Article 17 – The Chairman recognized Bob Nelson, Zoning Board of Appeals, who explained the impossibility of the Bylaw as written, stating the Board of Selectmen could not enforce it if necessary. The requested amendment to the Bylaw is a matter of housekeeping.

MOTION: Lee Gurney made a Motion to “Recommend Approval” of Article 17; which motion was duly seconded by Dennis Balzarini and so voted unanimously. 5-0

MOTION: Lee Gurney made a Motion to approve Article 18; which Motion was duly seconded by Dennis Balzarini and so voted unanimously. 5-0

MOTION: Lee Gurney made a Motion to approve Article 19; which Motion was duly seconded by Dennis Balzarini and so voted unanimously. 5-0

The Chairman called the Public Hearing in this matter to order. She made reference to a letter received from Earth Tech, representing Applicant, requesting a continuance to May 18, 2005.

MOTION: Lee Gurney made a Motion to reschedule the Public Hearing in this matter to May 18, 2005 at 7:35 p.m.; which Motion was duly seconded by Dennis Balzarini and so voted unanimously.

The appointed hour having arrived the Chairman called the Public Hearing in this matter to order. She made reference to a letter of recommendation received from the Consulting Engineer dated April 20, 2005.

The Chairman recognized Attorney Kevin Kirrane, representing Applicant, who acknowledged Board concerns regarding design/signage issues. He made reference to a letter prepared by Steven C. Hayes, Architect, dated April 15, 2005.

Attorney Kirrane noted the first design has been approved by the Design Review Committee. The second design is a revision to the first. Applicant is amenable to whichever design is preferred by the Planning Board.

Condition #8 – Contribution toward mitigation. Attorney Kirrane reported on discussions regarding the proposed creation of a design for South Sandwich Road and Main Street with Applicant’s engineer and consultant. Applicant has been advised that they can design said intersection at a cost substantially less than the amount of $25,000.00 being proposed in this condition.

Attorney Kirrane requested and recommended the Board approve modification of this condition. $25,000.00 would be posted with the Town by Applicant who would undertake, based upon specifications provided by DPW, a design of said intersection, possibly for less than $25,000.00, at which time Applicant would request a release of funds.

The consensus of the Board was to agree to this modification, noting the concern is for the design not necessarily a dollar amount.

Condition #17 – Operation of the wastewater treatment facility to an effluent of 5 mg per liter. Attorney Kirrane reported that generally and on average the system is capable of producing effluent less than 5 parts per million. He guaranteed that at the property line the system will achieve 5 parts per million. There is a requirement for the installation of a monitoring well.

Attorney Kirrane suggested that if Applicant is to be held to a specific number, 5 parts per million, he be allowed to achieve that at the property line, not at the discharge point of the system; or that the word “average total nitrogen effluent of 5 parts per million” be included as part of the condition.

The Chairman responded by declaring nitrogen is a huge problem, the Town is under State mandates to clean up the water bodies, and that the Board cannot be lax in this matter. She stated, “absolutely not”.

Attorney Kirrane objected to this number being included as a condition to the Special Permit. He spoke to possible financial difficulties in the event a lender felt the permit could be revoked.

Lee Gurney suggested the condition should read “not greater than 5” which is the standard and intent that has been applied to and is consistent with other projects/developments within the Town.

It was the consensus of the Board to approve the condition as written, they were not inclined to lower the nitrogen levels due to the location of the project.

The Chairman recognized Rich Claytor, Horsley Witten Group, who made reference to information/data provided regarding the nitrex system that does show the proposed system will come in below 5 mg per liter effluent.

Mr. Claytor spoke to samples taken in the winter months. He explained the state permit is a Title V regulation, 19 milligrams per liter. The nitrogen credit for this project is to design a system that meets 19 mg per liter. All evidence provided indicates the number will be substantially less than 19, and more than likely substantially less than 10 mg per liter.

Mr. Claytor stated this does drain into Popponesset Bay, and that this particular tributary according to the Brian Howes study, does not require –0- discharge. Because this is not an operated wastewater treatment plant, he requested 10 mg per liter measured out of the pipe, or at the downstream property line at the monitoring well, at 5 or below. He made reference to the water quality report submitted at the last meeting for Staff/Board review.

The Board agreed that if 5 mg is required and the numbers come in higher, the Board would have the opportunity to review the situation and request Applicant to make the necessary corrections. The Board would not be inclined to revoke the permit, but would require adjustments and improvements be made at the plant.

Mr. Claytor explained the proposed system is a passive treatment system, it is not an operated wastewater treatment plant. There are procedures that will increase the treatment efficiency.

The Chairman commented that nitrogen is a major concern regarding this project, and that she would like to take the opportunity to address and protect the environment.

Lee Gurney suggested the following language be amended in Condition #17 “The proposed wastewater treatment facility shall be designed and operated to produce total nitrogen and effluent of not greater than 5mg per liter”.

Attorney Kirrane agreed to the wording of the Decision. He made reference to comments made by the Consulting Engineer regarding the plan and suggested a condition be included in the permit in order to address and conform to his recommendations.

Mr. Rowley responded that his major concern with the plan is that there appears to be very little information regarding the proposed care and maintenance of the storm drain system on a yearly basis. He suggested some reference to reporting/responsibility be made to either the Planning Board or Board of Health on a regular basis.

Mr. Rowley made reference to a report prepared by Horsley Witten entitled “Stormwater Facilities Activation and Inventory”. He noted said report focuses mainly on the bioretention areas, it does not however address the matter of catch basins, drainage swails, or manhole inspection. He explained the entire system depends on the efficiency of the swails, which should be maintained and groomed regularly.

Lee Gurney suggested the Board vote and one Board Member sign the Special Permit, an additional condition to be added addressing drainage concerns to be made subsequently.

Mr. Rowley suggested his letter dated April 6, 2005, as well as the April 20, 2005 letter be included for reference purposes. He further suggested said Stormwater Facilities Activation and Inventory, prepared by Horsley Witten be included.

Condition #13 – Eric Smith spoke to this condition explaining the permitted uses requested and authorized. There are also some prohibited uses that should be specifically mentioned in the Decision, which have not been identified in the draft document.

MOTION: Dennis Balzarini made a Motion to close the Public Hearing in this matter; which Motion was duly seconded by Lee Gurney and so voted unanimously.

MOTION: Lee Gurney made a Motion to approve the Special Permit for SM Realty Trust, Main Street Village, in conformance with the draft Decision dated April 15, 2005 as amended by changes made to Condition #13, to incorporate letters dated April 6, 2005 and April 20, 2005 from Charles Rowley, as well as the Stormwater Facilities Activation and Inventory document prepared by Horsley Witten; Condition #8, mitigation to the South Sandwich Road intersection; and Condition #17, nitrogen loading a 5 mg; and to also include the revised plans received this date; which Motion was duly seconded by Steve Dolan and so voted unanimously.

The Chairman called the Public Hearing to order and recognized Marty O’Malley, representing the co-Applicant Windchime Condominium Association.

It is Mr. O’Malley’s understanding that the Town Planner has drafted a proposed Modification of Special Permit. He explained that he has suggested a few minor technical changes be made in order for the Association to distinguish itself from the Applicant/Developer. He also asked for clarification regarding the use of wording “permitted” and “unpermitted”, suggesting the wording be “unapproved building permit”. Otherwise, he has no issue with language in the draft decision.

References were being made to a plan of land entitled, “Proposed Post Office Phase 1B, Windchime Point Condominium in Mashpee, MA, dated April 18, 2005, by Cape Cod Engineering, Inc.”

Mr. O’Malley responded, “Yes, we are”. (There was brief discussion regarding those trees that are tagged to be saved and those that are to be removed, as shown on the plan.)

The Chairman recognized Tom Quinn, Windchime Point, who stated no trees outside of the parking lot area will be removed unless is it found that the roots are substantially disturbed. There will be no real landscaping as the area is to remain in a natural state (woods and trees). The Post Office area is to be loamed and seeded according to the plan.

MOTION: Lee Gurney made a Motion to close the Public Hearing in this matter; which Motion was duly seconded by Dennis Balzarini and so voted unanimously.

MOTION: Lee Gurney made a Motion to approve the Windchime Point, Inc. Modification to Special Permit, Post Office, filed July 15, 2003, as contained in a document dated April 20, 2005 and as modified per comments made by the co-Applicant, and to include the plan date of April 18, 2005 in Condition #1; which Motion was duly seconded by Dennis Balzarini and so voted unanimously.

References were made to a letter submitted by Charles Rowley, dated April 20, 2005, regarding Windchime Point Drainage for Sewer Treatment Plant Road.

Mr. Rowley stated there are a few minor issues that he will bring to the attention of Applicant’s engineer. He would like to inquire about the location of two (2) catch basins, and some input regarding drainage calculations. He is suggesting that the double gate/fencing (for access) show on the plan.

MOTION: Steve Dolan made a Motion to endorse the Minor Site Plan Approval, Road Paving to Wastewater Treatment Plant, subject to the recommendations made in a letter prepared by Charles Rowley dated April 20, 2005, and plan dated April 8, 2005; which Motion was duly seconded by Dennis Balzarini and so voted unanimously.

The Chairman recognized Attorney Kevin Kirrane, representing Applicant, who stated the only remaining issue in this matter is the signature of the plan.

Board signature: Beverly Kane, Dennis Balzarini, Lee Gurney, Steve Dolan, and John Halachis – Plan entitled, “Wags Road Construction, by Dry Harbor Enterprises Sheets 1 and 2, Existing Wags Road Layout, Mashpee, MA, Modification, Revised March 9, 2005”.

Mr. Fagerberg informed the Board that everything has been completed for Lot 36 (23 on Assessors map), with the exception of loam and seeding of the sidelines. He requested partial release of the $45,000.00 being held.

The Consulting Engineer made reference to a letter from Christopher Costa & Associates, Inc. dated April 19, 2005. He informed the Board that he has not yet had the opportunity to make an inspection and verify that the bounds have been set, loam and seeding at the intersection.

MOTION: Lee Gurney made a Motion to reduce the amount of security deposit to $2,100.00 from the amount of $4,200.00 being held, based upon the satisfactory inspection by the Consulting Engineer in order to confirm the bounds have been properly installed. The remaining security is being held until such time as loam and seed have been completed. The Motion was duly seconded by Dennis Balzarini and so voted unanimously.

Board signature: Beverly Kane, Dennis Balzarini, Lee Gurney, Steve Dolan, and John Halachis. Mashpee Planning Board Record of Subdivision Performance Guarantee submitted in exchange for release of road covenant.

The Chairman recognized Roy Fagerberg who requested a release for Lot 48, explaining he has an estimate for the paving of 100 ft. as discussed at a previous meeting that would complete the paving on Candlewood Lane.

Mr. Rowley stated the estimated amount is $2,912.00 and that an additional amount should be calculated to reflect the two (2) bounds that have not yet been set, which would be approximately $4,500.00.

MOTION: Dennis Balzarini made a Motion to release Lot 48, with the stipulation that Applicant provide a check in the amount of $4,500.00 prior to the actual release of the lot, and subject to satisfactory inspection by the Consulting Engineer; which Motion was duly seconded by Steve Dolan and so voted unanimously.

The Chairman called this matter to order and recognized John O’Connor, Vice President of Couto Management, who explained his appearance before the Board is on behalf of Attorney Michael Ford who was unable to attend the meeting. Reference was made to letter dated April 20, 2005, to the attention of the Planning Board, signed by Attorney Ford, and which was read into the Record by the Chairman.

Mr. Rowley explained the Town Planner had asked him to report on the condition of Quippish Road and to provide an assessment of the site plan with respect to Quippish Road as well, to the Board this evening.

Mr. Rowley stated he feels the plan is insufficient in a number of areas, with respect to detail of existing conditions and the proposed information for the proposed reconstruction and widening of Quippish Road. Further information and evaluation detail is needed on the plan. The drainage calculations do not include Quippish Road. Runoff issues must be addressed.

Mr. Rowley made reference to his letter dated April 19, 2005, regarding Mashpee Plaza, Route 28, addressing the issues of Existing Conditions Plan Sheet C1, Layout and Materials Plan Sheet C2, and Grading and Drainage Plan. He spoke to the curve radius in relation to the proposed pavement, and the need for a formal easement to be included in the conditions, as well as to be recorded as an encumbrance on the lot.

Mr. O’Connor was provided with a copy of said comment letter prepared by the Consulting Engineer, for the purpose of addressing those issues of concern, at which time he would appear before the Board for approval.

The Chairman recognized Kristin Antoine, Quippish Road, representing the residents of said road, who stated the following concerns:

Traffic concerns from the parking lot, across Quippish Road, waiting to get onto Route 28. She mentioned safety concerns, emergency vehicle access, in the event Quippish Road is backed up.

Ms. Antoine requested a Discretionary Referral based upon traffic concerns. She was advised by the Board to do so in writing, with the signature of all residents who live on the road for the next meeting. She was further advised to provide a copy of said letter to the Zoning Board of Appeals and to make these same concerns known to the Barnstable Planning Board as well. It was also suggested that the residents speak to the Developer of their concerns.

The Chairman provided copies of draft #6 for Planning Board review, not necessarily for public information at this point. She and Lee Gurney intend to meet with the Cape Cod Commission and Water Resources Staff next week to review the draft document. She welcomed Board comment.

MOTION: Lee Gurney made a Motion to schedule a Public Hearing to rename Bonwood Drive, Southport, to May 18, 2005 at 7:45 p.m.; which Motion was duly seconded by Dennis Balzarini and so voted unanimously.

MOTION: Dennis Balzarini made a Motion to adjourn the Meeting; which Motion was duly seconded by Lee Gurney and so voted unanimously.