AGENDA
BOARD OF SELECTMEN
TUESDAY, AUGUST 10, 2004
6:45 p.m. - Convene Meeting – Mashpee Town Hall
MINUTES
APPOINTMENTS & HEARINGS
6:45 Public Comment
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
1) Certification of Appointments
- Building Inspector
- Administrative Assistant – Department Public Works
2) Recommendation for Reappointment – Americans with Disabilities Act Committee
3) Recommendation for Appointment – Americans with Disabilities Act Committee
4) Planning Board/Cape Cod Commission – DCPC
MMR ISSUES
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 10, 2004
Present: Selectman Cahalane, Selectman Green, Selectman Taylor,
Selectman Marsters, Selectman Myers
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cahalane at 6:45 p.m.
Town Hall, Conference Room #1.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Certification of Appointments:
Building Inspector:
Selectman Marsters stepped down for the above referenced certification.
The selection process for the full-time position of Building Inspector was
tapered to three candidates. Richard Stevens of Brewster, MA was the recommended candidate and approved for hire by the Town Manager. He is currently contracted by the Town of Mashpee as Inspector of Buildings.
Motion made by Selectman Green to certify the appointment of Richard Stevens as full-time Inspector of Buildings/Zoning Enforcement Officer at the Step V pay scale.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Marsters abstained.
NEW BUSINESS:
Certification of Appointments:
Administrative Assistant – Department of Public Works:
Eleven candidates were interviewed for the position of Administrative Assistant to the Department of Public Works. Donna Lori of Sandwich, MA was the recommended candidate and approved for hire by Joyce Mason, Town Manager.
Motion made by Selectman Green to certify the appointment of Donna Lori to the full-time position of Administrative Assistant to the Department of Public Works at Step 1 of the unit pay scale.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Reappointment and Appointment – Americans with Disabilities Act Committee:
Communication was received from William Dundon Co-Chair of the ADA Committee dated August 4, 2004 recommending candidates to complete the make-up of the seven member Americans with Disabilities Act Committee.
Motion made by Selectman Myers to reappoint Beverly Wooldridge and appoint Robert Wooldridge to the Americans with Disabilities Act Committee as recommended.
Motion seconded by Selectman Marsters.
VOTE: Unanimous. 5-0.
Recess: 6:52 p.m. Meeting reconvened: 7:00 p.m.
APPOINTMENTS AND HEARINGS:
Planning Board/Cape Cod Commission – DCPC:
Selectman Marsters stepped down for the above referenced agenda topic of discussion.
In attendance were Planning Board members Beverly Kane, Dennis Balzarini, Lee Gourney and Steve Dolan.
Margo Fenn, Executive Director of the Cape Cod Commission outlined the District of Critical Planning Concern (DCPC) and procedures for nominating and designating areas of critical value to Barnstable County which must be preserved or maintained. DCPC’s may cover areas located in more than one town. Districts can be nominated and designated for many purposes such as protecting a critical natural resource.
Areas within towns may be nominated by regulatory boards which include, the Board of Selectmen, Planning Board, Conservation Commission, Board of Health and Historical Commission.
Upon review of a nomination application, the Cape Cod Commission (CCC) conducts review of the initial application. Upon receipt of the fully completed application, the CCC reviews the proposed area and reasons for its nomination. An official notice of the nomination is published by the Commission. The CCC would either reject or accept the nomination within 45 days of receipt of the completed application. During this time, the local permitting authority is suspended within the nomination area. If the Commission decides to further consider the nomination after the end of the 45 day period, the moratorium would also continue within the nominated area.
If the Cape Cod Commission accepts the nomination after the 45 day review period, within 60 days of acceptance, a public hearing is held to determine if the nomination area would be forwarded to the Assembly of Delegates and County Commissions for adoption by ordinance. The town would then have one year to craft local regulations to carry out the DCPC district. Further information on the subject matter may be obtained by reviewing the CCC website: www.capecodcommission.org.
APPOINTMENTS AND HEARINGS:
Planning Board/Cape Cod Commission – DCPC:
Presently, there are six areas on the Cape designated as a DCPC. Examples would include the three-ponds area located in the Town of Sandwich, an area of approximately 2000 acres in the Town of Bournedale and a town wide DCPC within the Town of Barnstable.
Types of development that may proceed during the nomination process include; developments which have received Development of Regional Impact (DRI) approval within the past seven years, as long as the approval remains valid, DRI’s referred to the Commission prior to the first published notice of the nomination, and the construction of single-family homes. It was noted that projects prior to the Commission’s existence, and approved projects currently before the Commission are not subject to review. Chapter 40B projects would also be exempt.
It was noted that portions of development in Mashpee Commons would be exempt since the CCC has already approved the DRI. Phase I of South Cape Village has been approved by the Commission. This includes Roche Bros. and the initial stores. Phase II of the South Cape Village project is not approved by the CCC to date, but may go forward with the approval process prior to the nomination process. The moratorium would not affect development such as; Mashpee Place and the Boch Center. Special permits in substantial compliance with modifications would also be exempt.
Ms. Fenn indicated that the Cape Cod Commission would provide planning assistance to review traffic problems in absence of a DCPC.
When asked if the Planning Board were to nominate a DCPC, and if it was not accepted by the Board of Selectmen, Ms. Fenn stated that the more support of a nomination, the greater chance of approval, especially at the Assembly of Delegates. Public support is also of importance with the constituency building process.
Ms. Fenn encouraged the Town of Mashpee to discuss the rotary traffic concern with the neighboring Towns of Falmouth and Barnstable.
Planning Board/Cape Cod Commission – DCPC:
Mashpee Fire Chief George Baker suggested the Town move forward to review current issues, permitting procedures and enforcement. In his opinion, the Town is not exercising its practices and procedures taking costly time to educate versus utilizing the practice of stronger court and enforcement procedures.
Chief Baker recommended the Town make a leadership decision to first prioritize and identify issues of concern using the Total Quality Management (TQM) process to determine the appropriate direction for the Town. The determination of a DCPC nomination would then become another tool for the Town to consider after the initial process is identified.
As an example, Chief Baker made not of proper mitigation planned in the area of Quinnaquisset Road and Route 28 that successfully contained a recent oil spill. Priorities identified by the Fire Department include fire sprinklers, water trucks and egress. If water quality is deemed the major issue, it was suggested the Town work with the Water Department to build upon a plan for the Town.
When asked who is responsible to draft a plan, Ms. Fenn indicated that it would depend upon the amount of assistance a town would require. It was noted that the Commission drafted implementing regulations for the Town of Bournedale. The Town of Sandwich completed their own application.
Planning Board Chair Beverly Kane stated that a DCPC would become the tool to allow the Planning Board time to review the problems the Town is facing. The DCPC would provide for structure that the Town is missing. She suggested the Town consider a Town wide DCPC to serve as an umbrella to address the issues.
Tom Fudala, the Town Planner recommended to determine the types of districts of critical planning concern that the Town is attempting to accomplish and then proceed in that direction.
Joyce Mason, Town Manager strongly recommended that a planning session be conducted with applicable regulatory boards to review priorities for the community. Ms. Mason indicated that it is important to review the financial impact and stability of the Town. Revenue impacts and growth are used in bond ratings which give strength in the ability to repay debt.
Planning Board/Cape Cod Commission – DCPC:
Assistant Town Planner, Eric Smith suggested the Community Preservation Act be considered to purchase additional land.
The Selectmen opened discussions for public comment.
Ed Larkin asked if there were guidelines that would indicate what a town can and cannot do to assist with the legalities and decision making process.
In response, Ms. Fenn stated that the Commission has documented growth management tools and is available to offer planning assistance although it would be necessary to consult Town Counsel for legality decisions.
Mashpee resident Joe Bank presented his support for a DCPC to give more time to effectively plan. He stated that grant funding may be available for a traffic study. It was unclear if immediate funding would be of use for a study.
Martin O’Malley favoring a town wide DCPC said that the eighteen month timeline would act as a breather to help set out goals to review zoning, the rotary and traffic concerns. Mr. O’Malley stated that regional compacts could be developed with other towns and with the state. GIS mapping was noted to be of importance in the overall review process.
R.J. Lyman, counsel to New Seabury properties indicated that although his client is exempt from the CCC jurisdiction, they would work in cooperation with the Town of Mashpee.
APPOINTMENTS AND HEARINGS:
Planning Board/Cape Cod Commission – DCPC:
Arnold Chase, Mashpee Commons Limited Partnership recommended for the open dialogue to continue as there appears to be a lot more questions than answers at this point. It was noted that traffic is a problem that all Cape communities are facing. Mashpee Commons has hired a consultant to review the rotary and is willing to contribute resources to assist with the planning process. Mr. Chase made note of the Local Comprehensive Plan (LCP) and the provision for an annual review. An implementation committee was in place and the LCP plan could be a vehicle to assist with the review process.
Mashpee resident Ed Baker discussed the need for a planning structure and related framework of a DCPC. Al Peterson presented the rotary as an area of primary concern. Jerry Blumengarten indicated that it is time to vote on this mater. Paula Peters added that a DCPC is needed without delay.
Beverly Kane, Planning Chair requested a motion from her board.
*Motion made by Mr. Balzarini to nominate the entire Town of Mashpee as a District of Critical Planning Concern to develop a plan for the Town.
*Motion made second by Ms. Gourney.
VOTE: 3-1. Motion carries.
Mr. Dolan in opposition.
The Board of Selectmen suggested that specific goals and objectives be articulated and specified to the townspeople on what the Town would be trying to accomplish with a DCPC plan. To do this, a public hearing was recommended.
Motion made by Selectman Myers to support the concept of a DCPC, and move forward under the process necessary to hold a Public Hearing within the next two weeks to articulate and gather information for and from the public on what should be included in the DCPC nomination.
Motion seconded by Selectman Green.
VOTE: Unanimous. 4-0.
Selectman Marsters absent.
APPOINTMENTS AND HEARINGS:
Planning Board/Cape Cod Commission – DCPC:
It was agreed that the Planning Board and Board of Selectmen would schedule a joint public hearing on Tuesday, August 31, 2004 at 7:00 p.m. at the high school facility. Glenn Santos, Board of Health member indicated that he is supportive of a DCPC.
George Baker recommended that the planning process include support of the GIS, building permit issues, enforcement issues, public needs, and additional staffing requirements to follow through with the plan.
Adjournment:
Motion made by Selectman Green to adjourn at 9:00 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Marsters absent
Respectively submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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