COMMUNITY PRESERVATION COMMITTEE
THURSDAY, FEBRUARY 13, 2014
AGENDA
Convene Meeting: 6:00 p.m. – Mashpee Town Hall – Administrative Conference Room (Upstairs)
MINUTES
Tuesday, January 28, 2014
APPOINTMENTS AND HEARINGS
EXECUTIVE SESSION:
- To Deliberate on Matters relative to the Value and Purchase of Real Property;
- Lewis Property: 32 Collins Lane; 3.7 Acres
- Littleford Property: 104 William Mingo/60 Saddleback Road; 23.6 Acres
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Final Review & Approval of Articles proposed for the May 2014 Special Town Meeting Warrant
- Lewis Property: 32 Collins Lane; 3.7 Acres
- Littleford Property: 104 William Mingo/60 Saddleback Road; 23.6 Acres
- Approval and Ratification of Invoice(s) for Payment:
- Lewis Property Appraisal - $1,250
- Littleford Property Appraisal - $1,600
- Breezy Acres/Great Cove Community Expansion Project – $24,146
- Archives - $21,345.66
- Community Park - $234.78
NEW BUSINESS
LIAISION ASSIGNMENTS
Community Preservation Committee
Minutes
February 13, 2014
Present: Richard Halpern, Tom O’Hara, Ralph Shaw, Burt Kaplan,
Mary Waygan, Frank Lord
Members Attending via Remote Participation:
Ed Larkin, Diane Rommelmeyer, Evelyn Buschenfeldt
Meeting Called to Order by Chairman Halpern at 6:04 p.m.
Administrative Conference Room, Mashpee Town Hall
APPOINTMENTS & HEARINGS:
Public Comment:
Former Selectman George “Chuckie” Green was in attendance on behalf of the Mashpee Wampanoag Tribe representing the National Resources Department. Mr. Green respectfully requested the Community Preservation Committee strongly consider the acquisition of the Lewis and Littleford properties.
Mr. Green indicated in particular the Lewis property for the protection of the New England Cottontail, candidates for the endangered species list.
As part of the Tribe’s intent to fish the bays, Mr. Green stated the Tribe has applied for funding to re-channelize the Mashpee River. This endeavor is also a part of the Tribe’s efforts to preserve conservation and reduce nitrogen in the embayment’s. To further reduce nitrogen input Mr. Green noted the Tribe is working with the Town’s Shellfish Constable in a program to create oyster reefs. As part of this effort, an additional grant application has been applied for to increase the population of oysters. It was noted the Conservation Agent is also involved in the process of promoting corrective actions to protect the river and the MA Division of Fish & Wildlife is expected to conduct a site visit tomorrow.
Mr. Green in closing indicated that access to the Lewis property is of importance to this endeavor. It would be a disservice to the Mashpee community if this property was not secured.
Mr. Green also voiced support for the purchase of the Littleford property as the National Wildlife Refuge surrounds the land.
Community Preservation Committee
Minutes
February 13, 2014
APPOINTMENTS & HEARINGS:
Public Comment:
Mark Hapman, a Mashpee resident and past president of Trout Unlimited stated the Mashpee River is a great resource for Sea-Run Brook Trout, a fish species unique to the Cape. Mr. Hapman urged the Community Preservation Committee to make the right decision to move forward with the acquisition of both properties.
Ramona Peters, a Mashpee resident, and Historic Preservation Officer of the Mashpee Tribe was in attendance with David Greene, a deputy officer of the Tribe to voice support of the properties being considered for purchase.
Ms. Peters indicated that her task is to keep watch over ancient village sites. Of importance and for protection are the Littleford and Lewis properties. The Littleford property is a sensitive area in need of protection and the Lewis property is located in the historic area of Mashpee. In support of the animals and plants that are unable to speak, Ms. Peters urge protection of these lands.
Ronald Lasko author of A Tale of Two Rivers stated that he is in agreement with the comments that have been made at this meeting. Mr. Lasko indicated he is a member of the Cape Cod Chapter of Trout Unlimited. In support of the two land purchases, Mr. Lasko stated that it is important to preserve the upper end of the rivers to protect the lower ends from development, particularly for the eels, herring and unique sea-brook trout.
Joan Muse spoke on behalf of Mr. Lewis is support for the purchase of the Lewis property. For clarification purposes Ms. Muse indicated there is only one house on Collins Lane, and the building adjacent to the Lewis property is abandoned, and presently has no value to the Town of Mashpee.
Ms. Muse explained the Town’s Open Space Plan approved by Conservation, the Planning Board and adopted by the Board of Selectmen contains recommendations for the acquisition of both properties. This document is part of the Local Comprehensive Plan which is submitted to the State.
The comments made by Ms. Muse included points in favor the Lewis property and for the protection of fish and wildlife which includes the archeological sensitivity of the land.
Community Preservation Committee
Minutes
February 13, 2014
APPOINTMENTS & HEARINGS:
Public Comment:
Ms. Muse made note of past assessments relative to the value of the property as follows; in 2007 the assessment was $276,500, in 2009 $210,600, in 2011 and 2012 $183,600, and in 2013 and 2014 the property has been valued at $166,300.
Ms. Muse indicated the real estate market has bottomed-out, and in her opinion, the market will change to see increases in the assessed value of this property. If it were developed, a large twelve bedroom house could be constructed. This is a very good piece of property explained Ms. Muse who noted the Lewis property lies 50’ from the Mashpee River. If the property is not considered by the Town, this property will be put on the market for substantially more indicated Ms. Muse who was speaking on behalf of Mr. Lewis.
Annie Hart Cool a realtor representing Phyllis Littleford gave a brief history of the property. As noted the 23.6 acre parcel was marketed unsuccessfully at $1.6 million last year. Ms. Hart Cool explained there is historical value of this land for purchase by the Town of Mashpee. Currently, there has been an appearance of illegal dumping at the site location.
Ms. Hart Cool indicated that in 2003, the Town of Mashpee and Water District remitted a letter of interest to Ms. Littleford in acquiring the parcel for open space, water supply and protection purposes. As the time, the land was assessed at $332,600, and Ms. Littleford was offered $400,000 by the Town for the parcel.
Peter Schilling, a member of Trout Unlimited stated that at the time of the Rivers Protection bill which took seven years to pass, there was no CPA in place, and therefore no mechanism to preserve open space. Mr. Schilling indicated the primary purpose of the CPA Act was to preserve open space.
Mr. Schilling also voiced support in the protection of the uplands to maintain the estuaries and fresh water to benefit future generations. With the mandated clean-up of the harbors, the expenditures for the purchase of these lands will cost far more than the purchase of the properties explained Mr. Schilling.
Being no further comment, the Committee agreed to adjourn to enter into Executive Session.
Community Preservation Committee
Minutes
February 13, 2014
Adjournment:
Motion made by Mr. O’Hara to adjourn at 6:33 p.m.
The Committee will enter into Executive Session at this time for the purpose of discussing the Value and Purchase of Real Property.
The Committee will reconvene in Open Session following discussion.
Motion seconded by Mr. Kaplan.
VOTE: Unanimous. 9-0.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmyer, yes Mr. Larkin, yes
Mr. Kaplan, yes Mr. Lord, yes
Mr. Shaw, yes Mrs. Buschenfeldt, yes
Ms. Waygan, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Community Preservation Committee
IN THE MATTER OF EXECUTIVE SESSION
DATE: 2/13/14
It is MOVED by: Mr. O’Hara
That this governmental body hold an Executive Session. A Roll was Called (see attached Roll Call).
The Clerk of this Executive Session was designated as:
Mr. Shaw
A quorum being present and a Majority having voted to go into Executive Session, the Chair states that:
1. This meeting Convened in Open Session and
A. Notice and Posting of the Meeting was Given. OR (X)
B. The Meeting is an Emergency Meeting. ( )
2. After the Executive Session, the Meeting
A. Will Reconvene. (X) B. Will Not Reconvene.
( )
3. The Purpose or Purposes of this Executive Session are:
A. To deliberate upon matters involving Individuals where the Individuals involved have been notified in writing of the meeting and have not requested an open meeting and regarding;
1. The Reputation and Character of the Individual. ( )
2. The Physical Condition and Mental Health of the Individual.
( )
3. The Discipline or Dismissal of a Public Officer,
Employee, Staff Member or Individual. ( )
4. A Complaint or Charge brought Against a Public
Officer, Employee, Staff Member or individual. ( )
B. To Deliberate upon Matters which, if done in Open Meeting, could Detrimentally Affect the Position of the City, and regarding:
1. Collective Bargaining. ( )
2. Strategy with respect to Collective Bargaining. ( )
3. Strategy with respect to Litigation ( )
4. The Purchase, Exchange, Lease or Value of Real Property (X)
C. To Deliberate Matters regarding:
1. The Deployment of Security Personnel Devices ( )
2. Allegations of Criminal Misconduct ( )
D. To Comply with the Provisions of a General Law or Special Law or
Federal Grant in Aid Requirement, the Specific Law being:
( )
4. All of the foregoing is hereby made part of the official Minutes of this Body. (X)
Community Preservation Committee
Minutes-Executive Session
February 13, 2014
Present: Richard Halpern, Tom O’Hara, Ralph Shaw, Burt Kaplan,
Mary Waygan, Frank Lord
Members Attending via Remote Participation:
Ed Larkin, Diane Rommelmeyer, Evelyn Buschenfeldt
Meeting Called to Order by Chairman Halpern at 6:36 p.m.
Administrative Conference Room, Mashpee Town Hall
Discussion relative to the Value and Purchase of Real Property;
The Community Preservation Committee met in Executive Session to review the Appraisal Reports received from Shepherd Associates, LLC of Newton, MA for land referenced as 32 Collins Lane and 104 William Mingo Road/60 Saddleback Road.
The Committee also met to consider the purchase of these parcels referenced as the Lewis and Littleford properties.
Community Preservation Committee
Minutes-Executive Session
February 13, 2014
Lewis Property: 32 Collins Lane; 3.7 Acres:
Upon review of the appraisal received from Shepherd Associates for the Lewis Property located at 32 Collins Lane, the as-is-valued opinion of the current market value is $140,000. The asking price from the seller is $160,000.
With regards to the PAL Archeological Study previously conducted by the Town with the use of CPA funding, it was confirmed the Lewis property is located in a highly sensitive area and should be protected from development. Sensitivity of this nature is noted to be highest along the streams and other bodies of water.
The Committee conducted due diligence with respect to this regard. It was agreed that Mr. O’Hara would negotiate on behalf of the Community Preservation Committee.
Motion made by Ms. Waygan to vote to purchase 32 Collins Lane, 3.7 Acres referred to as the Lewis Property for Open space; negotiating the range of the purchase price for a minimum of $140,000 and a maximum of $160,000.
Motion seconded by Ms. Rommelmeyer.
VOTE: 5-4. Motion carries.
Roll Call Vote:
Mr. Halpern, no Mr. O’Hara, no
Ms. Rommelmeyer, yes Mr. Larkin, no
Mr. Lord, yes Mr. Kaplan, no
Mr. Shaw, yes Mrs. Buschenfeldt, yes
Ms. Waygan, yes Opposed, (4)
Motion made by Mr. O’Hara to enter into negotiations for the purpose of making a recommendation to the May 2014 Special Town Meeting for the purchase of the Lewis Property; first offer: $140,000.
Motion seconded by Mr. Larkin.
VOTE: Unanimous. 9-0.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmeyer, yes Mr. Larkin, yes
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, yes
Ms. Waygan, yes Opposed, none
Community Preservation Committee
Minutes-Executive Session
February 13, 2014
Littleford Property: 104 William Mingo/60 Saddleback Road; 23.6 Acres:
Upon review of the appraisal received from Shepherd Associates for the Littleford Property located at 104 William Mingo/60 Saddleback Road, the as-is-valued opinion of the current market value is $570,000. The asking price from the seller is $600,000.
The CPC Committee conducted due diligence with respect to the matter of the Littleford property.
The Community Preservation Committee related concern with respect to legal accessibility to the Littleford property. It was recommended that this matter be defined and reviewed further by the project proponent. It was agreed that written documentation from either the town planner, an engineer or land-use attorney would verify the issue of accessibility for possible and future development, a goal of the Committee to promote affordable housing.
A brief discussion followed regarding the potential to create a joint multi-purpose CPA project having open space and multi-family affordable housing at this particular site. It was suggested the Affordable Housing Committee provide input into this matter.
Motion made by Mr. Kaplan to defer the application for the acquisition of the Littleford Property in concern for legal accessibility, and to explore the possibility of affordable housing at this site.
Motion seconded by Mr. O’Hara.
VOTE: 6-3. Motion carries.
Roll Call Vote:
Mr. Halpern, no Mr. O’Hara, yes
Ms. Rommelmeyer, no Mr. Larkin, yes
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, no
Ms. Waygan, yes Opposed, (3)
Community Preservation Committee
Minutes-Executive Session
February 13, 2014
Lewis Property: 32 Collins Lane; 3.7 Acres:
Members of the Community Preservation Committee met with William Lewis, Jr. and Joan Muse for the purpose of negotiating for the acquisition of 32 Collins Lane, Mashpee.
It was disclosed the current appraised value of the subject property is $140,000, and the first offer of the Town in the matter of negotiations was $140,000. After a brief debate, the agreed upon price was $155,000.
Motion made by Ms. Waygan to recommend to the May 2014 Special Town Meeting for the purchase of Open Space, the acquisition of the Lewis Property, 32 Collins Lane, Mashpee for the sum of $155,000.
Motion seconded by Mr. Lord.
VOTE: 8-1. Motion carries.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmeyer, yes Mr. Larkin, no
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, yes
Ms. Waygan, yes Opposed, (1)
Community Preservation Committee
Minutes-Executive Session
February 13, 2014
Littleford Property: 104 William Mingo/60 Saddleback Road; 23.6 Acres:
Members of the Community Preservation Committee met with Annie Hart Cool for the purpose of negotiating for the acquisition of 104 William Mingo/60 Saddleback Road, Mashpee.
The Community Preservation Committee disclosed their vote of 6-3 to defer the acquisition of the Littleford Property citing concern with respect to legal access that would affect the price of the property if the Town were unable to build on it. It was indicated this was not a rejection of the proposal, but a recommendation for the project proponent to confirm with a land-use attorney, engineer or town planner the question of access.
In considering this matter, it was also noted the CPC Committee had concern at their last meeting for the need of affordable housing in the Town of Mashpee. In reviewing this matter, it was agreed that both the Lewis and Littleford properties would be considered for affordable housing, and the Littleford property as a result of its size and location should be examined further. It was related to Mr. Hart Cool that accessibility is the key for a mixed use project; affordable housing and open space.
Community Preservation Committee
Minutes-Executive Session
February 13, 2014
Adjournment:
Motion made by Mr. O’Hara to adjourn at 7:35 p.m.
The Committee will reconvene in Open Session at this time.
Motion seconded by Ms. Waygan.
VOTE: Unanimous. 9-0.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmeyer, yes Mr. Larkin, yes
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, yes
Ms. Waygan, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Community Preservation Committee
Community Preservation Committee
Minutes
February 13, 2014
Meeting re-convened: 7:36 p.m.
OLD BUSINESS:
Final Review & Approval of Articles proposed for the May 2014 Special Town Meeting Warrant:
Lewis Property: 32 Collins Lane, 3.7 Acres:
Motion made by Mr. O’Hara to approve and recommend to the May 2014 Special Town Meeting the acquisition of the Lewis Property; 32 Collins Lane, Mashpee for the sum of $155,000. Funding shall derive from the Community Preservation Fund Balance.
Motion seconded by Mr. Shaw.
VOTE: Unanimous. 9-0.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmeyer, yes Mr. Larkin, yes
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, yes
Ms. Waygan, yes Opposed, none
Littleford Property: 104 William Mingo/60 Saddleback Road; 23.6 Acres:
Motion made by Mr. O’Hara to defer any action relative to the acquisition of the Littleford Property at this time, as there is concern with respect to legal accessibility. With clarification regarding accessibility, the proponents of the application are invited to return in October to review the potential for a multi-purpose CPA project; open space and affordable multi-housing.
Motion seconded by Ms. Waygan.
VOTE: Unanimous. 9-0.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmeyer, yes Mr. Larkin, yes
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, yes
Ms. Waygan, yes Opposed, none
It was disclosed the deadline to submit applications for funding at the October Town Meeting is April 1, 2014.
Community Preservation Committee
Minutes
February 13, 2014
7:42 p.m. Members of the Community Preservation Committee participating remotely respectfully adjourned. The quorum is now 6-0.
MINUTES:
Tuesday, January 28, 2014:
Motion made by Mr. Kaplan to approve the minutes of Tuesday, January 28, 2014 as presented.
Motion seconded by Ms. Waygan.
VOTE: Unanimous. 6-0.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmeyer, absent Mr. Larkin, absent
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, absent
Ms. Waygan, yes Opposed, none
Approval and Ratification of Invoice(s) for Payment:
- Lewis Property Appraisal - $1,250
- Littleford Property Appraisal - $1,600
- Breezy Acres/Great Cove Community Expansion Project – $24,146
- Archives - $21,345.66
- Community Park - $234.78
Motion made by Mr. O’Hara to approve and ratify the above referenced invoices for payment.
Motion seconded by Mr. Lord.
VOTE: Unanimous. 6-0.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmeyer, absent Mr. Larkin, absent
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, absent
Ms. Waygan, yes Opposed, none
Community Preservation Committee
Minutes
February 13, 2014
NEW BUSINESS:
New Applications: None at this time.
NEXT SCHEDULED MEETING:
Tuesday, April 8, 2014 – 6:00 p.m., Mashpee Town Hall
Adjournment:
Motion made by Mr. Kaplan to adjourn at 7:45 p.m.
Motion seconded by Mr. Shaw.
VOTE: Unanimous. 6-0.
Roll Call Vote:
Mr. Halpern, yes Mr. O’Hara, yes
Ms. Rommelmeyer, absent Mr. Larkin, absent
Mr. Lord, yes Mr. Kaplan, yes
Mr. Shaw, yes Mrs. Buschenfeldt, absent
Ms. Waygan, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Community Preservation Committee
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