AGENDA
BOARD OF SELECTMEN
MONDAY, DECEMBER 19, 2011
6:00 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, December 5, 2011 Regular Session
APPOINTMENTS & HEARINGS
6:00 Executive Session – Pending Litigation – Aquaculture Grant
6:30 Public Comment
Request of Richard Cook, Jr. to Withdraw Shellfish Grant Application Submitted on February 22, 2011
6:40 Public Hearing – Application by Richard Cook, Jr. Shellfish Grant in Popponesset Bay
6:50 Public Hearing – Application of Hatem Enterprises – Change of Underground Storage
7:00 Barnstable County Commissioners – Update on Services
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESSs
NEW BUSINESS
- Request to Fill Vacancy – GIS Administrator
- Public Access Television Discussion
- Acceptance of Resignation – Conservation Commission
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
December 19, 2011
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 6:04 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, December 5, 2011 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session
Minutes of Monday, December 5, 2011 as presented.
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
Executive Session – Pending Litigation – Aquaculture Grant:
Motion made by Selectman Richardson to adjourn at 6:06 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing pending litigation regarding the Richard J. Cook, Jr. Aquaculture Grant. The Board will reconvene following discussion.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Board of Selectmen
Minutes
December 19, 2011
Meeting reconvened: 6:39 p.m.
APPOINTMENTS & HEARINGS:
Public Comment:
Request of Richard J. Cook, Jr. to Withdraw Shellfish Grant Application Submitted on February 22, 2011:
Richard J. Cook, Jr. was in attendance with his counsel Attorney Kevin Kirrane to respectfully request the Selectmen approve the withdrawal of Mr. Cook’s license; a one-acre shellfish grant in Popponesset Bay approved by the Board of Selectmen on March 14, 2011. Correspondence was received from Attorney Kirrane dated December 1, 2011 with respect to this regard.
Motion made by Selectman Cahalane to accept the withdrawal of Richard J. Cook’s aquaculture grant, and rescind past action that previously issued the aquaculture license to Mr. Cook for the one-acre shellfish grant.
Motion seconded by Selectman O’Hara.
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
Public Hearing – Application by Richard Cook, Jr. Shellfish Grant in Popponesset Bay:
The Board of Selectman opened the Public Hearing on the application filed on December 5, 2011 by Richard J. Cook, Jr. 135 West Way, Mashpee requesting a 1.9 acre shellfish grant to be located in Popponesset Bay, demarcation buoys will be standard 16” round, yellow polyethylene anchored at the four corners of the site.
The Hearing notice was read aloud into the record for informational purposes. Richard J. Cook, Jr. was in attendance with his counsel Attorney Kevin Kirrane to discuss the license application with the Board of Selectmen and interested public. Town Counsel Jena Muñoz was also present.
Attorney Kirrane indicated that his client, Richard Cook, a Mashpee resident has operated a shellfish grant in Ockway Bay since 1983 responsibly and without incident. Mr. Cook is seeking a location with deeper waters to grow oysters as the Ockway Bay site is too shallow to farm oysters during the winter months.
As a result of pending litigation with reference to the former one-acre site, Mr. Cook has located a different site to grow oysters and has made a new application to the Selectmen under M.G. L. Chapter 130 §57 to license the subject location for aquaculture purposes.
The proposed 1.9 acre site selected by Mr. Cook lies near the mouth of Popponesset Bay and is noted to be a considerable distance from the residential area, 150’ +/- buffer zone. Mr. Cook has also proposed to use light-weight polyethylene grow-out bags 18”x36” in place of the 4’ x 4’ cages initially considered to alleviate the noise issue, a primary concern of the area neighbors. The polyethylene bags are constructed of a square mesh material. With the exception of extremely low tide, the cages would be submerged at all times. Demarcation buoys will clearly depict the location to protect the boaters providing un-obstruction to navigation.
In accordance to the special conditions of the license, all bags will be completely underwater at mean (average) low tide. No motors except outboard boat engine and electric motor for oyster sorter or electric winch. The sorter will not run on weekends or before 8:00 a.m. on weekdays from and including Memorial Day through Labor Day.
In year-one of the shellfish farm operation 5,000 polyethylene grow-out bags would be used with a not to exceed 15,000 grow-out bags after season year-one. The applicant has applied for 15,000 polyethylene grow-out bags. It was noted the application has received a positive recommendation from the Waterways Commission and Shellfish Warden as it relates to the method of farming at the 1.9 acre site location.
Attorney Kirrane added the shellfish aquaculture grant is a passive activity which beneficially removes nitrogen from the water.
Fr the record, it was noted that communication with respect to this regard was received from Jason Streebel, the Director of Assessing dated December 19, 2011 and the Mashpee Waterways Commission dated November 22, 2011. Late-filed on this date was additional communication received from Attorney Brian Wall relative to the project proposal.
Attorney Wall disclosed that he currently represents 21 property owners on Popponesset Island and Daniels Island who are opposed to Mr. Cook’s first application and to Mr. Cook’s new aquaculture proposal.
Popponesset Bay is noted to be a public resource used by many including boaters, swimmers, and kayakers.
Attorney Wall in concern indicated the site of the proposed grant lies within a designated velocity zone, and the area would likely be impacted by storms. It was noted there is no management plan if the equipment were to move upland in a storm event. The installation of 15,000 aquaculture bags below the mean low water constitutes a man-made change to unimproved real estate. It was also stated the area is zoned R-3, a residential district where aquaculture, a commercial operation is not a permitted use. There is also an impact to private property values.
The proposed grant is also considered a nuisance explained Attorney Wall who noted the noise would cause aesthetic harm and result in impairment to the private rights of the upland property owners.
Mr. Wall made note of similar cases in the Towns of Duxbury and Mattapoisett, and urged the Selectmen to review the submittals and consider taking testimony, holding public hearings, and conduct a planning process to approve aquaculture grants in appropriate places.
In rebuttal, Attorney Kirrane indicated this matter is not a violation of zoning. It was noted the entire Town of Mashpee waterfront is residentially zoned, and there are not a lot of areas within the Town to locate an aquaculture farm operation.
Richard York, Mashpee’s Shellfish Constable spoke in support of the shellfish grant and commented on a few previous statements. As noted, the Town of Mashpee has a comprehensive management plan in place including updated shellfish regulations. Aquaculture is an endeavor with a lot of alternatives. The proposal before the Board will minimally impact the area, and the proposed gear is comprised of a soft plastic which poses no danger. Mr. York indicated that it is a well-designed project, and Mr. York stated he does not feel there would be a problem with the gear washing away during a storm.
Mr. York indicated there is an existing shellfish grant located at Punkhorn Point in Popponesset Bay that has been in operation for several years without objection. In his opinion, the shellfish grant has not affected property values. It was also noted the Mashpee Wampanoag Tribe has an 8-acre grant which lies in close proximity to the Popponesset Island shoreline.
Mr. York also explained there is a need to increase shellfish production. With an increase in oyster farming, the oyster population may become self-sustaining and will hopefully clean-up the bay. Mr. York indicated this is the first time there is a significant set of oysters in Popponesset Bay, and there are no noise impacts.
Dwight Pfundstein of Angelo’s Way stated that he has been a Mashpee resident for the past 26 years. Mr. Pfundstein voiced support to the aquaculture grant, and its proposed site location. In concern, Mr. Pfundstein indicated it is not about process, it’s about the people who do not want to see it near their homes.
Mike Ronhopp indicated the aquaculture proposal is a great idea for the Town of Mashpee and a plus for the waters. He agreed with the previous comment that the issue appears to be about people wanting to get their way, which in his opinion is shameful.
Fr the record, Selectman Richardson read aloud a motion from the minutes of a previous Shellfish Committee meeting in support of the passing of the grant. Correspondence as received from the Waterways Commission dated November 22, 2011 was also read into the record. As disclosed, the following requirements should be addressed by the Board of Selectmen should a permit/license be issued to the Applicant;
- 8 Markers would be required to be installed and maintained for marking the Grant Area, 4 corners and 4 sides (locations as directed by the Harbormaster). Maintaining the markers at their correct locations would be the responsibility of the Applicant.
- The tract (Grant Area) would be required to be modified to accommodate a 155’ setback from the Inner/South Channel and 100’ from the Town Boundary. Detailed drawings should be prepared by the Applicant to show Grant Area GPS or GIS coordinates. Additional coordinates shall be shown on the Applicants drawing noting locations of Grant Area markers.
- Upon notification by the Town the Applicant will remove all gear from the Grant Area so as not to interfere with dredging. The Town will provide notification of a dredge approximately one year in advance of the dredge.
Additional correspondence from the Director of Assessing dated December 19, 2011 was also read into the record. As noted, based on Mr. Streebel’s review, the proposed aquaculture grant would not have any material effect whether by increase, or decrease on the value of any parcels of residential real property located in the Town of Mashpee.
In closing, Attorney Wall asked the Selectmen if they had received an email from Mr. Zammito regarding this matter. The Board indicated that this was not received to date. There was no objection to this late-filed submittal.
Upon review, the Selectmen indicated the grant of the aquaculture license would not impair the private rights of any person, and the grant does not materially obstruct any navigation of the waters. It was agreed there is no negative impact.
otion made by Selectman Cahalane to close the Public Hearing.
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
Motion made by Selectman Cahalane to approve the new application filed on December 5, 2011 by Richard J. Cook, Jr. for a 1.9 acre shellfish grant to be located in Popponesset Bay to include the requirements imposed by the Waterways Commission in their memorandum of November 22, 2011.
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
Public Hearing – Application of Hatem Enterprises – Change of Underground Storage:
The Board of Selectmen opened the Public Hearing on the application of Hatem Enterprises Nominee Trust, 723 Falmouth Road, Mashpee for reconfiguration and development of the existing gas station on the site. Changes include; removal and replacement of the existing underground fuel tank (one 15,000 gallon tank, one 8,000 gallon tank, one 500 gallon tank) and installation of two tanks (one 30,000 gallon tank and one 10,000 gallon tank); a total increase of 16,500 gallons.
The Hearing notice was read aloud into the record. Attorney Michael Ford, representing counsel for Hatem Enterprises was in attendance with Bill Taber, project engineer of Vanasse Hangen Brustlin, Inc. (VHB) to discuss the license application with the Board of Selectmen.
APPOINTMENTS & HEARINGS:
Public Hearing – Application of Hatem Enterprises – Change of Underground Storage: (continued)
It was disclosed, the owner, Johnny Hatem is seeking to install (2) new double walled fiberglass tanks consisting of (1) 30,000 gallon tank and (1) 10,000 gallon tank, a total increase of 16,500 gallons from what is presently existing on site. The proposed fuel dispensing operation will be comprised of a state-of-the art leak detector system to handle the 40,000 gallons of flammable and combustible liquids to be stored at the retail fuel facility.
All necessary paperwork was in order for the Selectmen’s approval. Fire Chief George Baker signed-off on the license application as described on December 5, 2011. Notice was duly given to the abutters and by publication in the Mashpee Enterprise for the gas only facility. With the Board’s approval, the project is anticipated to commence on April 1, 2012.
Being no public comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Richardson to close the Public Hearing.
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
Motion made by Selectman Richardson to accept the application of Hatem Enterprises Nominee Trust, 723 Falmouth Road, Mashpee to move forward with a change of underground storage as described.
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:
Barnstable County Commissioners – Update on Services:
Barnstable County Commissioner Chair Bill Doherty was in attendance to update the Selectmen on services provided by the Commission in Fiscal Year 2011. Marcia King, Mashpee’s representative to the Assembly of Delegates was also recognized as an attendee and for her dedication to the Town of Mashpee.
Mr. Doherty highlighted some of the Town Services provided in the report for discussion purposes. This past year, Mashpee received a total of 81 programs and activities. Some of which include; Cape Cod Commission (CCC) Planning, Community Development and Technical Services. Of note is the HOME Consortium commitment of $175,000 in HOME funds to the Housing Assistance Corporation for the new construction of 10 affordable family rental units at the Breezy Acres development, and the construction and sale of three affordable homes on town-donated parcels, a HOME supported project with Habitat of Humanity of Cape Cod. The CCC also provided District Local Technical Assistance (DLTA) funds to the Mashpee/Falmouth EDIC partnership for the development of a five year business plan.
Through the Cooperative Extension, the Mashpee DPW received 17 low maintenance shade trees, and the Mashpee Conservation Department received a grant to implement the Wildfire Protection and Preparedness Plan for the Mashpee River Conservation Area. In the hazardous waste collection conducted in Mashpee in 2010, a total of 3,592 gallons/18,030 pounds of hazardous waste was collected. Year round residents 85% participated in the collection process.
At Children’s Cove, 26 Sexual Abuse Intervention Network interviews were conducted, and counseling was provided to 20 child victims and their family members.
Home betterment loans, $212,452 in projects were secured for the correction of 25 septic systems in the Town of Mashpee, and approximately 40 youth participated in the 4-H Babysitting program in the fall of 2010 and in the spring of 2011.
The services provided to the Town of Mashpee are posted on the Barnstable County Commissioners website: www.barnstablecounty.org.1
NEW BUSINESS:
Request to Fill Vacancy – GIS Administrator:
The Board of Selectmen reviewed the Position Vacancy Request for the job of GIS Administrator to the Information Technology Department. With the Board’s approval, the full-time position would begin on January 1, 2012.
Discussion followed with respect to this much-needed position. The position has been vacant since July 1, 2011 and there is a back-log of issues to move forward with. It was noted the position is funded in the FY 2013 budget.
The Board of Selectmen agreed the Hiring Freeze would remain in place, and vacant positions would continue to be reviewed on a case-by-case basis.
Upon review of budgetary constraints, the Board motioned as follows;
Motion made by Selectman Richardson to approve the Position Vacancy Request for the job title GIS Administrator on a part-time; 19.5 hour per week basis. After a period of 6 months, the position would be considered as full-time.
Motion seconded by SelectmanSherman.
It was noted the GIS Administrator is a salaried and union position. A contract employee vs. a full-time employee was given additional consideration. It was agreed the position would be further reviewed and placed on the next agenda of the Board of Selectmen.
Motion made by Selectman Richardson to withdraw the above referenced motion.
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:
Public Access Television Discussion:
Correspondence was received from the Town Manager dated December 19, 2011 recommending the Selectmen approve the formation of a Cable Committee to be comprised of the following (5) individuals;
Chairman of the Board of Selectmen
Chair of the Mashpee Cable and Advanced Technology Committee
Town Manager
Assistant Town Manager
Director of Information Technology
Motion made by Selectman Cahalane to move forward with the creation of a Public Access Television Studio, and form a working group comprised of the above referenced representation (Cable Committee) for the purpose of the formation of a non-profit organization.
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
It was agreed the new Cable Committee would develop a mission statement, draft articles of incorporation and review potential sites to secure space, and other duties as required by the Town Manager. A full recommendation would be returned to the Board of Selectmen for final approval1
NEW BUSINESS:
Acceptance of Resignation – Conservation Commission:
A letter of resignation was received from Leonard Pinaud dated December 2, 2011 resigning from the Conservation Commission. Mr. Pinaud has served the Town of Mashpee for the past eleven years.
Motion made by Selectman Richardson to accept the resignation of Leonard Pinaud from the Conservation Commission with regrets.
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
LIAISON REPORTS:
Library: A volunteer lunch was recently held with 60 attendees. Volunteer training continues, and currently, the Library building is well used by the Town.
The Board of Library Trustees and Friends of the Public Library are planning a dinner in February. More information is forthcoming.
Police: Chief Collins took the time to attend a social meeting in New Seabury earlier this month. The meeting was very informative, and the Chief agreed to meet with other groups in the future to maintain an open line of communication.
Mashpee Cares: The graphic is complete. Additional information, next meeting.
Health Department: A prescription return program is being developed with the Board of Health, Director of Public Works, and Police Department.
School Department: A meeting was recently held with the Finance Committee to review a level funded school budget. This initiative is scheduled to be reviewed further.
Recycling/Solid Waste: Options for recycling and the disposal of solid waste are anticipated to be presented to the Board of Selectmen in January or February.
LIAISON REPORTS:
MPO Committee: Selectman Richardson is Mashpee’s new representative to the Cape Cod Metropolitan Planning Organization replacing Selectman Wayne Taylor. The committee is charged with reviewing transportation planning activities.
EDIC: The five-year business plan for the Towns of Mashpee and Falmouth is expected to be completed by the end of December.
Members of the EDIC Board are scheduled to meet with the Board of Selectmen on January 9, 2012 to review the RFP for the proposed Assisted Living Project. The RFP is presently posted on the Towns website; www.mashpeema.gov
The public is invited to attend.
Special Events: Congratulations was given to those who participated in the Mashpee Christmas Parade.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 8:25 p.m.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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