MASHPEE ZONING BOARD OF APPEALS
MARCH 9, 2011
MINUTES
The Mashpee Zoning Board of Appeals held Public Hearings on Wednesday, March 9, 2011, at 7:00 p.m. (Conference Room #1) at the Mashpee Town Hall, 16 Great Neck Road North. Board Members Robert G. Nelson, William A. Blaisdell and Associate Board Members Peter R. Hinden, Ronald S. Bonvie and Judith M. Horton attended the meeting. Mr. Charles L. Rowley, Engineering Consult to the ZBA, also attended the meeting. Board Members Jonathan D. Furbush, James Reiffarth and John M. Dorsey were not present.
Chairman Robert G. Nelson opened the meeting at 7:00 p.m. and announced that the meeting was being televised live. He also announced that Associate Board Members Peter R. Hinden, Ronald S. Bonvie and Judith M. Horton would be sitting in place of the absent Board Members Jonathan D. Furbush, James Reiffarth and John M. Dorsey
REVIEW
Mashpee Housing Authority and Housing Assistance Corporation: Review February 24, 2011 report submitted by Charles L. Rowley pertaining to revised Horsley Witten Group plans on development of property located in an R-5 zoning district at 570 Old Barnstable Road (Map 72 Parcel 100) Breezy Acres Phase II Mashpee, MA.
Sitting: Board Members Robert G. Nelson, William A. Blaisdell and Associate Board Members Peter R. Hinden, Ronald S. Bonvie and Judith M. Horton.
Housing Assistance Corporation Project Manager Adrienne Danner and Engineer Brian Kuchar from Horsley Witten Group attended the meeting on behalf of the Mashpee Housing Authority and Housing Assistance Corporation.
Mr. Nelson asked Mr. Rowley to summarize his reviews and inspection reports. Mr. Rowley said that he had several discussions/conferences with Mr. Kuchar. Below is Mr. Rowley’s March 9, 2011 review of the revised Horsley Witten Group plans:
Robert Nelson, Chairman
Town of Mashpee Board of Appeals
Town Hall
16 Great Neck Road North
Mashpee, MA 02649
Re: Breezy Acres Site Plan Review,
Pump Station and Force Main
Dear Mr. Nelson:
I have reviewed the latest submission from Horsley Witten Group dated March 9, 2011 and find that all but a few minor issues have been addressed on the plans. I am advised that they will be changed accordingly on the plans that are to be submitted for the meeting tonight.
Site Plans
1. Land Surveyor’s stamp on Sheet C-3
2. Labeling of Contour 68 on Sheets C-6, C-8 and C-16
Sewer Lift Station and Force Main
1. Horsley-Witten Group has indicated that electrical service can be altered from single phase to 3 phase for the purpose of powering the lift pumps. As long as the pumps that are finally installed can deliver the flow capacity as described on the plans it is recommended that the final details be left to the electrical engineer for the project.
2. There is no Note 7 on Sheet C-5 with regard to the cement collar.
3. The bituminous pavement detail was not changed to be consistent with the Site Plans.
Site Lighting
Site lighting in a general manner has been provided and is shown on Sheet C-4 of the site plans. The lighting details are not shown; however, they could be left for the applicant to select and to place at the proposed locations shown.
Sidewalk Repaving
Mashpee DPW Director Catherine Laurent has requested that where the sidewalk will be disturbed by construction that certain pieces of it should be replaced rather that patched. The applicant should coordinate this aspect of the work and provide restoration of the sidewalk to DPW satisfaction.
All Other Comments and Changes Completed
All other comments and requests for plan adjustments have been satisfactorily completed. I recommend approval of the Breezy Acres Site Plan and Sewer Lift Station and Force Main Plan as dated and revised March 9, 2011.
Very truly yours,
Charles L. Rowley, PE, RLS
Engineering Consultant to Mashpee Board of Appeals
Cc Brian Kuchar, RLA, PE, Leed AP, Horsley-Witten Group
Mr. Rowley said that the electrical engineer is responsible for details of the electrical connection to the lift station. Mr. Rowley said that the pumps have a certain size and capacity which must be maintained; therefore, the connection should be done in such a way that the pumps and the flow into the forcemain are satisfied.
Mr. Rowley suggested that the Board accept the proposed general locations for the site lighting as shown on the revised plan, thus allowing the Petitioner to determine the design and style of the site lighting.
Mr. Rowley referred to the memo from DPW Director Catherine Laurent addressing the issue of disturbance of the sidewalk during excavation of the project. Mr. Kuchar said that Horsley Witten Group has responded to Ms. Laurent’s memo and has agreed to replace the sidewalk in certain areas.
Mr. Rowley recommended that the ZBA approve the plans with the condition that the above-referenced issues are addressed.
Mr. Blaisdell made a motion to accept Mr. Rowley’s review of the latest set of plans, subject to the Petitioner addressing the following issues:
- satisfactory electrical service/power conversion to the pumps and flow into the force main.
- replacement of the sidewalk as agreed to and approved by DPW Director Catherine Laurent.
- approval of site lighting locations as shown on the revised plans - details of design and style to be determined by the Petitioner.
- obtaining the necessary utility easements.
This is conditioned upon compliance with the following Horsley Witten Group, Inc. plans:
- Breezy Acres Extension Mashpee, Massachusetts Permitting Plans, June 4, 2010 Revised: September 7, 2010, December 17, 2010, February 11, 2011 and March 8, 2011. Project Number 9076, Sheet Number C-1 through C-18.
- Breezy Acres Sewage Lift Station and Forcemain Mashpee, Massachusetts Permitting Plans, January 7, 2011, Revised February 11, 2011 and March 8, 2011. Project Number: 9076, Sheet Number C-1 through C-6.
Mr. Nelson seconded the motion. Mr. Blaisdell voted yes. Mr. Hinden voted yes. Mr. Bonvie voted yes. Ms. Horton voted yes. Mr. Nelson voted yes.
Capewide Enterprises, Inc: Review final inspections report submitted by Charles L. Rowley and comments submitted by Building Inspector Charles Maintanis concerning development of property located at 153 Commercial Street (Map 88 Parcel 37) Capewide Enterprises, LLC. Mashpee, MA.
Sitting: Board Members Robert G. Nelson, William A. Blaisdell and Associate Board Members Peter R. Hinden, Ronald S. Bonvie and Judith M. Horton.
Building Inspector Charles Maintanis sent the following memo dated January 25, 2011 requesting that the ZBA review his comments when discussing the completed project at 153 Commercial Street:
Upon a visual inspection of the parking area I found the following Architectural Access Board Rules and Regulations, 521 CMR, code violations.
The van accessible handicap parking space is missing signage that indicates it is van accessible.
The ramp to the left side entrance is required to have a minimum clear space between the hand rails of 48 inches; it has a clear space of approximately 36 inches.
If the ramp changes direction at landings the landing size shall be 60 inches by 60 inches.
A minimum of 18 inches of clear floor space shall be provided on the latch, pull side of the door when the clear floor space in front of the door is a minimum of 60 inches.
Section 25.1 of 521 CMR states in part that all public entrances of a building or tenancy in a building shall be accessible. The original plan presented to Plan Review showed one public entrance to the front of the building.~ The building now has two public entrances but only one entrance is accessible; this is a code violation.
Because of the code violations observed I believe the Building Department should do a final inspection of both the interior and exterior of the building.
Building Commissioner Richard Stevens’s response dated March 9th:
Local Inspector Charlie Maintanis’s comments regarding accessibility @ 153 Commercial Street are all valid.
I have been in contact with the owners, Capewide Development, and they are aware of all these issues. I have asked for and received an affidavit regarding final compliance. Also, the owners have applied to the Architectural Access Board for a variance to the number and location of required ramps and we await their decision.
The Building Department will monitor the situation and perform all required inspections for compliance once a determination has been made by the Architectural Access Board.
(The Architectural Access Board (AAB) develops and enforces regulations designed to make public buildings accessible to, functional for, and safe for use by persons with disabilities. Mr. Rowley said that some of the standards which the AAB regulates include height, slope, pitch of ramps and the necessity for installation of railings, as well as the size and width of parking spaces).
At his most recent visit of the property, Mr. Rowley said that there were problems with the drainage areas, which the Petitioner has confirmed will be resolved.
The Board expressed concern that the boulders placed a few feet back from the pavement will create a driving hazard.
Mr. Bonvie mentioned DPW Director Catherine Laurent’s reference to emergency access to Commercial Street. Mr. Nelson admitted that road conditions have deteriorated, but the responsibility to repair the road lies with the owner of the subject property, not with the tenant.
Mr. Blaisdell made a motion to accept Mr. Rowley’s final inspections report. This is contingent upon the following:
- removal of the large boulders given that installation of the boulders does not appear on the original site plan proposal.
- as stated in his June 23, 2010 memo, Building Commissioner Richard Stevens agrees to the Petitioner’s request for a change from stone to concrete for the retaining wall, particularly where it is not visible from Commercial Street.
- as stated in his memo dated March 9, 2011, Building Commissioner Richard Stevens confirms that the Building Department is responsible for monitoring and conducting the required inspections for compliance on the subject property.
Mr. Nelson seconded the motion. Mr. Blaisdell voted yes. Mr. Hinden voted yes. Mr. Bonvie voted yes. Ms. Horton voted yes. Mr. Nelson voted yes.
The Board expressed its appreciation for Mr. Rowley’s thoroughness and due diligence with the projects and thanked him for another wonderful job as their consultant.
OTHER BUSINESS
Accept February 23, 2011 Minutes
Mr. Blaisdell made a motion to accept the Minutes. Mr. Bonvie seconded the motion. Mr. Nelson voted yes. Mr. Hinden voted yes. Ms. Horton voted yes. Mr. Blaisdell voted yes. Mr. Bonvie voted yes.
Mr. Blaisdell made a motion to adjourn the meeting. Mr. Hinden seconded the motion. Mr. Nelson voted yes. Mr. Hinden voted yes. Mr. Bonvie voted yes. Mr. Blaisdell voted yes. Ms. Horton voted yes.
Meeting was adjourned at 7:45 p.m.
Respectfully submitted,
Cynthia Bartos
Administrative Secretary
Zoning Board of Appeals
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