AGENDA
BOARD OF SELECTMEN
MONDAY, MAY 21, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, April 23, 2012 Regular & Executive Sessions
Monday, May 7, 2012 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Reorganization of the Board of Selectmen
6:40 Public Hearing – Application for New Seasonal Wine & Malt License
Saithip Atiwethin, d/b/a Popponesset Country Store, 259 Rock Landing Road
6:50 Public Hearing – Application for Renewal of Shellfish Grant - Mashpee Wampanoag Tribe Natural Resources Department (NRD) - Gooseberry Island – 4.6 acres
6:55 Fish Wildlife & Natural Resources Commission (FWNRC) of the Mashpee Wampanoag Tribe – Quahog Relay to Mashpee Water
7:00 Public Hearing – Private to Public Road Conversion of:
Holly Way, Elm Lane, Autumn Drive, Attaquin Street, Pocknomet Street, Hornbeam Lane, Lantern Lane, Beechwood Drive, Hemlock Drive, Fir Court
7:15 Public Hearing – Private to Public Road Conversion of Sandy Fox Drive, Fox Hill Lane
7:25 Public Hearing – Private to Public Road Conversion of Ockway Bay Road
COMMUNICATIONS & CORRESPONDENCE
- Recognition of Janice Mills – School Committee – Event on May 24, 2012
OLD BUSINESS
NEW BUSINESS
- Request to Fill Vacancies – Police Department
- Request from Habitat for Humanity – Designate Lot on Orchard Road for Affordable Housing
- Ratification of Local Initiative Program Regulatory Agreement and Declaration of Restrictive Covenants for Ownership Project – DHCD and Habitat for Humanity
- Recommendation for Appointment – Zoning Board of Appeals
- Recommendation for Appointment – Mashpee Historic District Committee
- Recommendation for Appointment – South Cape Beach Advisory Committee
- Re-establishment of Memorial Park Committee
- Ratification of Easement – Collins Lane
- Annual Performance Evaluation – Town Manager
- Approval of Change of d/b/a – Fidde Corp d/b/a Soprano’s Ristorante
ADDITIONAL TOPICS
- Agreement between the Town of Mashpee & Mashpee Community Media Center, Inc.
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
May 21, 2012
Present: Selectman Taylor, Selectman Richardson, Selectman Sherman,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, April 23, 2012 Regular & Executive Sessions:
Motion made by Selectman Sherman to approve the Regular and Executive Session minutes of Monday, April 23, 2012 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Monday, May 7, 2012 Regular Session:
Motion made by Selectman Sherman to approve the Regular Session minutes of Monday, May 7, 2012 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: The Board of Selectmen expressed appreciation to all the Town volunteers working at the Town Election. Although there was a low vote turn-out, those who voted were commended for their civic duty. The Selectmen also acknowledged the new School Committee members and the incumbent candidates who were re-elected. Appreciation was also given to those who chose to run for office to become involved in Town government.
APPOINTMENTS & HEARINGS:
Reorganization of the Board of Selectmen:
Selectman Taylor opened the nomination process for the purpose of reorganization.
Selectman Sherman motioned to nominate Selectman Michael Richardson as Chair of the Board of Selectmen. Being no further nominations, the motion was seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, abstained
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Selectman Richardson motioned to nominate Selectman Carol Sherman as Vice-Chairman of the Board of Selectmen. Being no further nominations, the motion was seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, abstained Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Selectman Richardson motioned to nominate Selectman Wayne Taylor as Clerk of the Board of Selectmen. Being no further nominations, the motion was seconded by Selectman Sherman.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Taylor, abstained Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
The Board of Selectmen and Town Manager commented publically on the tenure of Selectman Wayne Taylor this past year as Chairman of the Board of Selectmen.
COMMUNICATIONS & CORRESPONDENCE:
Recognition of Janice Mills – School Committee – Event on May 24, 2012:
In honor of Janice Mills and her 38 years of service on the Mashpee School Committee, Selectman John Cahalane indicated he would present the plaque to Mrs. Mills on behalf of the Board of Selectmen and Town of Mashpee. The tribute is scheduled to be held on May 24, 2012 at the Mashpee High School at 1:30 p.m.
NEW BUSINESS:
Request to Fill Vacancies – Police Department:
The Board of Selectmen received a Position Vacancy Request dated May 7, 2012 from the Police Department for the 40 hour week position of Police Officer to fill (4) vacancies created by resignation and retirement.
Motion made by Selectman Taylor to approve the Position Vacancy Request of the Police Department to fill (4) Police Officer positions.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request from Habitat for Humanity – Designate Lot on Orchard Road for Affordable Housing:
Berkley Johnson, a member of the Affordable Housing Committee and Habitat Land Acquisition & Permitting Committee was before the Board to request the Town-owned lot on Orchard Road be designated for affordable housing. The 19,500 square foot piece of property lies in close proximity to Route 28. The current assessed value is $129,500.
Upon review, the Board of Selectmen determined the Town would first conduct an inventory and assessment of the Town lands which may be suitable for affordable housing purposes. To designate the lot for affordable housing purposes, it would require Town Meeting approval and the issuance of a Request for Proposal to seek the most advantageous affordable housing developer.
APPOINTMENTS & HEARINGS:
Public Hearing – Application for New Seasonal Wine & Malt License Saithip Atiwethin, d/b/a Popponesset County Store, 259 Rock Landing Road:
The Board of Selectmen opened the Public Hearing on the application of Saithip
Atiwethin, d/b/a The Popponesset County Store, Saithip Atiwethin, Manager for a Seasonal Wine & Malt Beverage Package Store License located at 259 Rock Landing Road, Building 1, Popponesset Marketplace, Mashpee.
The Hearing notice was read aloud in accordance with posting requirements. Saithip Atiwethin was in attendance for discussion purposes with her counsel Katie Butler of the law firm of Mark Gildea.
It was noted that all necessary paperwork is in order for the new seasonal wine and malt beverage package store license at the subject premise. It was disclosed there shall be no change to the layout of the store. The new menu includes the sale of Thai food.
For disclosure, it was noted the subject premise is not detrimental to the pursuant of the New Mashpee Congregational Church located in the Popponesset Marketplace.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Application for New Seasonal Wine & Malt License Saithip Atiwethin, d/b/a Popponesset County Store, 259 Rock Landing Road: (continued)
Motion made by Selectman Cahalane to approve the application of Saithip
Atiwethin, d/b/a The Popponesset County Store, Saithip Atiwethin, Manager for a Seasonal Wine & Malt Beverage Package Store License located at 259 Rock Landing Road, Building 1, Popponesset Marketplace, Mashpee pending all inspections.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Ratification of Local Initiative Program Regulatory Agreement and Declaration of Restrictive Covenants for Ownership Project – DHCD and Habitat for Humanity:
The Board of Selectmen reviewed the Regulatory Agreement and Declaration of Restrictive Covenants regarding the Local Initiative Program (LIP) through the Department of Housing and Community Development (DHCD) and Habitat for Humanity of Cape Cod relative to the 24 Russell Road project.
The document is intended to be ratified by the Selectmen for the low and moderate income housing unit under the LIP Program.
Motion made by Selectman Cahalane to accept and ratify the Regulatory Agreement and Declaration of Restrictive Covenants for the LIP Program associated to Russell Road, Mashpee.
Motion seconded by Selectman O’Hara.
VOTE: 4-1-1.
Roll Call Vote:
Selectman Taylor, no Selectman Richardson, yes
Selectman Sherman, abstained Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, (1)
NEW BUSINESS:
Recommendation for Appointment – Zoning Board of Appeals:
The Board of Selectmen received a letter of interest from Judy Horton in response to the vacancy notice for appointment to the Zoning Board of Appeals as a regular voting member. Ms. Horton has been an associate ZBA member since January 2011. Additional correspondence was received from the ZBA Board dated April 17, 2012 recommending her appointment.
Motion made by Selectman Sherman to appoint Judy Horton to the Zoning Board of Appeals as recommended.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Recommendation for Appointment – Mashpee Historic District Committee:
Communication was received from Nancy Soderberg; Chair of the Historical Commission dated April 24, 2012 recommending the appointment of Brian Hyde to the Historic District Commission. Mr. Hyde has been a member of the Historical Commission since December of 2011.
Motion made by Selectman Cahalane to appoint Brian A. Hyde to the Historic District Commission as recommended.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Application for Renewal of Shellfish Grant – Mashpee Wampanoag Tribe Natural Resources Department (NRD) – Gooseberry Island – 4.6 acres:
The Board of Selectmen opened the Public Hearing on the application filed on May 2, 2012 by the Mashpee Wampanoag Tribe’s Natural Resources Department, 213 Sampson’s Mill Road, Mashpee for the renewal of a 4.6 acre Shellfish Grant License surrounding Gooseberry Island.
The Hearing notice was read aloud into the record. Quan Tobey, Director of the Tribe’s Natural Resource Department and Kris Clark, the Shellfish Farm Manager were present to discuss the license application with the Board of Selectmen.
Correspondence was received from the Shellfish Constable dated May 14, 2012 recommending the renewal of the aquaculture license at Gooseberry Island. It was noted the Tribe has held the license in good standing since May of 1977, and it is a critical component of their EPA Merit Award to reduce nitrogen in the Popponesset Bay estuary.
Mr. Tobey explained it is the goal of the Natural Resources Department to grow 10 million oysters. To date, 20% of the goal has been achieved. This portion of the grant space has created 5 jobs, and has established a traditional form of economic development for the Tribe while creating a recreational oyster fishery to be enjoyed by all.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Taylor to approve the application of the Mashpee Wampanoag Tribe for the renewal of the 4.6 acre Shellfish Grant License surrounding Gooseberry Island.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Fish Wildlife & Natural ResourcesCommission (FWNRC) of the Mashpee Wampanoag Tribe – Quahog Relay to Mashpee Water:
It was disclosed the above referenced agenda topic was withdrawn by the applicant.
NEW BUSINESS:
Recommendation for Appointment – South Cape Beach Advisory Committee:
A letter of interest was received from Perry Ellis to serve on the South Cape Beach Advisory Committee. Mr. Ellis was approved by the SCBAC to fill one of the vacancies.
Motion made by Selectman Cahalane to appoint Perry Ellis to the South Cape Beach Advisory Committee.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Re-establishment of Memorial Park Committee:
It was agreed the Memorial Park Committee would be re-established to review improving the existing park and beautification of the new green area. Correspondence was received from the Town Manager dated May 17, 2012 regarding the proposed make-up of the committee.
Motion made by Selectman Cahalane to re-establish the Memorial Park Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
As recommended, the Memorial Park Committee consists of five members;
a member of the Board of Selectmen, the Town Manager, the Director of Public Works, and two previous members of the original park committee. Recommended for appointment was Carol Sherman representing the Board of Selectmen, and Janice Walford and Evelyn Buschenfeldt, previous members.
Motion made by Selectman Cahalane to accept the membership of the Memorial Park Committee as outlined, and appoint as members; Selectman Carol Sherman, Janice Walford and Evelyn Buschenfeldt.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Ratification of Easement – Collins Lane:
The Board of Selectmen reviewed the Easement for the Mashpee Baptiste Church, 27 Great Neck Road North entitled Collins Lane as approved by the voters at the May Town Meeting.
Motion made by Selectman Taylor to ratify the Easement for Collins Lane as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Private to Public Road Conversion of Holly Way, Elm Lane, Autumn Drive, Attaquin Street, Pocknomet Street, Hornbeam Lane, Lantern Lane, Beechwood Drive, Hemlock Drive, Fir Court:
The Board of Selectmen opened the Public Hearing to consider the adoption of a proposed Town road layout of Holly Way, Elm Lane, Autumn Drive, AttaquinStreet, Pocknomet Street, Hornbeam Lane, Lantern Lane, Beechwood Drive, Hemlock Drive, Fir Court.
The Hearing notice was read aloud into the record. It was disclosed the total cost of the betterment is $865,749.50, and the maximum cost to be borne by 69 property owners is $12,547.09. The cost can be paid by the homeowner or it may be spread over a 20 year period.
It was disclosed the Town is moving forward with the process as part of the Santuit Pond Restoration project.
Antoinette Sheehan, Beechwood Drive asked a few questions regarding the betterment assessment. With regards to the order of betterment assessment, it was noted the abutters would be notified of the actual betterment, and would be given the opportunity to pay the betterment up front or over a twenty year period. An interest fee of approximately 5% is charged by the Town to fund the betterment. If the project were to move forward, an article would be prepared for the October Town Meeting warrant. Construction would then commence in the spring of 2013.
Marcia Busby, Autumn Drive asked if the streets would be plowed by the Town. It was noted the roads are on the private road list to be plowed, and would be plowed as long as they are in a condition to be plowed.
Regarding Fir Court, it was noted the Town conducted an emergency repair to a storm drain. As a result of the weight of the equipment conducting the repair, the road collapsed. The DPW is conducting the necessary repair.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motions seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Annual Performance Evaluation – Town Manager:
In a collaborative effort, the Board of Selectmen conducted the annual performance evaluation of Joyce Mason as Town Manager. In the summary of the appraisal, it was reported that Mrs. Mason meets or exceeds expectations in all areas. Appreciation was given to Mrs. Mason for her dedication to the Town of Mashpee.
Agreement between Town of Mashpee and Mashpee Community Media Center, Inc.:
Motion made by Selectman Taylor to place the above referenced topic on the Selectmen’s agenda.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Two minor amendments were incorporated into the agreement with the Mashpee Community Media Center. The document was presented to the Selectmen for execution.
Motion made by Selectman Taylor to approve the Agreement between the Town of Mashpee and Mashpee Community Media Center, Inc. with the (2) recommended changes.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Approval of Change of d/b/a – Fidde Corp d/b/a Soprano’s Ristorante:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, abstained Opposed, none
Correspondence was received from Edmond Richardi dated May 13, 2012 requesting the Selectmen approve the change of d/b/a from Fidde Corp d/b/a Carbo’s Grille & Bar to Fidde Corp d/b/a Soprano’s Ristorante.
Motion made by Selectman Taylor to approve the request of Edmond Richard, owner to change the d/b/a from Carbo’s Grille & Bar to Fidde Corp d/b/a Soprano’s Ristorante as requested.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, abstained Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Private to Public Road Conversion of Sandy Fox Drive, Fox Hill Lane:
The Board of Selectmen opened the Public Hearing to consider the adoption of proposed Town road layouts for Sandy Fox Drive and Fox Hill Road. The Hearing notice as duly advertised was read aloud into the record.
It was disclosed the total betterment is $87,395.00. The maximum cost to be borne by 19 property owners is $4,599.74. It was disclosed the betterment can be paid up front or spread over a 20 year period. The estimated interest charge is 5%.
Sheila Arnold, Sandy Fox Drive indicated that additional homes should be assessed a betterment. The Board of Selectmen reviewed a map with the interested homeowners detailing the scope of the intended project, and the 19 homes to be assessed a betterment. The project does not run the entire length of Fox Hill Road. If the entire length of Fox Hill Road is included in the taking, a new petition is required, and the cost estimate would be modified.
When asked of the Habitat for Humanity homes in the subject area, it was disclosed the homes are not exempt from the betterment assessment.
It was noted that a second petition is required from 50% of the property owners to move the conversion forward to Town Meeting. The deadline is the first Monday in July for the October 2012 Town Meeting.
Discussion followed regarding future Water District lines. It was noted that this matter would be reviewed with the Water District prior to the commencement of any work.
When asked of the advantage of the Town adopting the roads, it was noted when roads are adopted, the Town is responsible for all future maintenance of roads which includes the cleaning of catch basins, and necessary repairs.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Public Hearing = Private to Public Road Conversion of Ockway Bay Road:
The Board of Selectmen opened the Public Hearing on the private to public road conversion of Ockway Bay Road. The Hearing notice was read into the record for informational purposes.
The total betterment assessment is $50,662.50. The maximum cost to be borne by 9 property owners is $5,629.17. The Town Manager was in receipt of three letters from the abutting properties. (copies in official BOS file)
Charles Talanian and Lawrence Gerber were noted to be in support of the conversion. Mary Zocchi was noted to be in opposition.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:46 p.m.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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