MASHPEE ZONING BOARD OF APPEALS
MINUTES
September 8, 2010
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, September 8, 2010, at the Mashpee Town Hall. Board Members Robert G. Nelson, Jonathan Furbush, William A. Blaisdell and John M. Dorsey and Associate Members Peter R. Hinden and Ronald S. Bonvie were present. Board Member James Reiffarth was unable to attend the hearing.
The meeting was opened at 5:00 p.m. and was adjourned before sundown out of respect for everyone who observes Rosh Hashanah.
CONTINUED FROM AUGUST 4, 2010
Mashpee Housing Authority and Housing Assistance Corporation: Request a Comprehensive Permit under Massachusetts General Laws Chapter 40B to allow for construction of Breezy Acres Phase II consisting of ten affordable residential rental housing units within five two-story buildings (eight two-bedroom units and two three-bedroom units) on property located in an R-5 zoning district at 570 Old Barnstable Road (Map 72 Parcel 100) Mashpee, MA.
Sitting: Board Members Robert G. Nelson, Jonathan Furbush, William A. Blaisdell and John M. Dorsey, and Associate Board Member Ronald S. Bonvie.
Also in attendance:
Adrienne Danner, Project Manager
Housing Assistance Corporation
Andrew L. Singer, Attorney for the Petitioners
Law Office of Singer & Singer, LLC
Richard P. Fenuccio, Architect
Christopher W. Raber, Architect
Brown, Lindquist, Fenuccio & Raber Architects, Inc.
Brian Kuchar, Engineer
Horsley Witten Group
Christian T. Valle, Project Manager
The Valle Group, Inc. – Construction Contracting Company
Architect Richard P. Fenuccio summarized the revised plans. Plans were revised in response to comments and concerns of the Board, as well as meetings that were held with Deputy Chief Sheldon Hamblin. Wildfire buffering has been incorporated around the perimeter. Deputy Chief Hamblin has also requested a vertical clearance which will be reflected in a final landscaping plan for Fire Department approval. Building #2 was moved about 35 feet, allowing Building #3 to be relocated closer to the parking lot and alleviating the Fire Department access concerns. Plans call for 21 parking spaces and 4 additional “shadow” (future) parking spaces. A new 60 x 100 feet common play field will be installed behind Building #4. Total lot coverage will be 16%.
Mr. Bonvie questioned the effect that the 30-foot increase in tree removal would have on the Petitioner’s status with Natural Heritage. Mr. Fenuccio said that the Petitioner has submitted another request to Natural Heritage for review of the revised plans. Attorney Talerman said that any change of any material has to be presented to the Board. He said that the Board has 20 days to determine whether or not a revision is a minor change or a major change. The Board could handle a minor change administratively. A major change would require a new Public Hearing.
Engineer Brian Kuchar said that the revised plans call for an additional 2% increase in disturbance of the site. However, total disturbance of the site will remain below 5 acres. Mr. Kuchar said that due to time constraints, the drainage plans have not been fully detailed. Bio-retention areas will remain the same. Minor changes have been made to the grading and roof runoff. The wastewater issue has been resolved with plans to connect to the existing High School septic system. A gravity-feed system out to Old Barnstable Road with a pump station. Test pits are scheduled. Some of the utilities locations have been moved to address Fire Department concerns.
Mr. Furbush asked about three small structures on the property. Mr. Kuchar said that those sheds are for the existing buildings which are built on slabs and do not have basements. The new buildings have basements.
Mr. Bonvie inquired about Mr. Rowley’s involvement in the inspection process. Attorney Talerman said that Mr. Rowley would be involved in inspections during the project. Mr. Rowley said that he wants the Petitioner to contact him prior to construction. This will allow for arrangements to be made during the construction schedule for inspection purposes. Mr. Rowley said that he will make inspections during active construction as required and submit a monthly report with all the details to the Board.
Mr. Bonvie expressed concern about accountability and responsibility since the Board of Health is no longer involved in the project. He asked which Board or individual would be monitoring the pump station. Ms. Adrienne Danner said that those details are in the process of being worked out. Mr. Kuchar said that the Petitioner will settle that issue with the Town based on the location of the pump station. Attorney Talerman said that he has worded the Decision in such a way that nothing in this Decision constitutes the final approval for the septic connection. The Petitioner will have to go through all of the normal channels with the appropriate Boards. Mr. Rowley suggested that the Board should get confirmation that the Mashpee High School system is capable of handling the additional flow.
Mr. Rowley made a few technical suggestions regarding the treatment plant.
The Board, the Petitioner and the Petitioners’ representatives went over the draft of the Decision paragraph by paragraph. At the Board’s request, Attorney Talerman made a few revisions and finalized the Decision.
Mr. Nelson made a motion to grant the Comprehensive Permit. Mr. Blaisdell seconded the motion. Mr. Furbush voted in favor. Mr. Blaisdell voted in favor. Mr. Bonvie voted in favor. Mr. Dorsey voted in favor.
OTHER BUSINESS
Accept August 25, 2010 Minutes
Mr. Furbush made a motion to accept the August 25, 2010 Minutes. Mr. Dorsey seconded the motion. All were in favor.
Mr. Blaisdell made a motion to adjourn the meeting. All were in favor. Hearing was adjourned at 6:20 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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