Town of Mashpee
Planning Board
Minutes of Meeting
Cape Cod Commission, Barnstable, MA
August 24, 2004
Planning Board Members present: Dennis Balzarini, Vice Chairman; Steve Dolan, Clerk; Lee Gurney; and Beverly Kane, Chairman.
Also present: F. Thomas Fudala, Town Planner; and Eric Smith, Assistant Town Planner.
Others in Attendance: Margo Fenn, Director Cape Cod Commission; Tom Broderick, Barnstable Town Planner; Greg Smith, Staff Cape Cod Commission; Ed Eichner, Water Scientist, Cape Cod Commission; Gary Prahm, Systems Manager, GIS Department; Tana Watt, Planner Cape Cod Commission; Martha Heavener, Planner Cape Cod Commission; John Lipman, Chief Planner and Deputy Director Cape Cod Commission; Brian Curry, Town Planner, Falmouth; Sharon Rooney, Staff; Jo Anne Miller Buntich, Town Planner, Sandwich; Margaret Callanan, Staff Counsel, Cape Cod Commission; Scott Beishou, Hydrologist, Cape Cod Commission; and Glen Cannon, Transportation Engineer, Cape Cod Commission.
The Meeting was conducted at the Cape Cod Commission Offices, Barnstable, MA. John Lipman, Deputy Director of the Cape Cod Commission called the Meeting to order at 2:03 p.m.
Mr. Lipman suggested the following be established – purpose of establishing a DCPC, boundary, and preparation for the August 31st Public Hearing.
He made reference to the Town of Dennis DCPC (as an example) and spoke to the preparation of the nomination form and required materials for a successful DCPC. Clarification of the Town’s wishes should be supported by studies, research and assessments of the area, which will also support any possible legal challenges.
Discussion
Margo Fenn defined this meeting as a working session for the purpose of establishing those issues to be addressed through DCPC. She also expressed her approval at having representatives of the surrounding towns present for their input/support of Mashpee’s efforts.
Tom Fudala raised the issue of traffic concerns and possible coordination of planning along Route 130 as they relate to the neighboring towns.
Reference Maps – Gary Prahm provided state build-out project maps depicting those areas of developable land, and Mashpee zoning maps.
Tom Fudala provided Mashpee zoning maps indicating those projects that would be exempt from a DCPC.
Dennis Balzarini suggested a common focus be placed upon addressing roadway/traffic/infrastructure and wastewater issues to be addressed by the surrounding towns together with Mashpee.
There was brief discussion regarding impact fees. Margo Fenn clarified impact fees for certain improvements can be imposed, such as roadway and wastewater. Case law dictates to certain limitations however. She agreed that a case could possibly be made for infrastructure issues through the DCPC process.
Lee Gurney questioned whether a joint DCPC with surrounding towns would be politically practical. She suggested the lines of communication remain open and welcomed input and suggestions.
Beverly Kane questioned how the Town of Mashpee could impose regulations on the surrounding towns.
Margo Fenn suggested the discussion be limited to the Town of Mashpee, noting however the importance of the surrounding towns being represented for informational purposes.
Concerns: Traffic, Infrastructure, Wastewater, Affordable Housing.
DCPC Nomination Application Process
2-E - Providing documentation of community concerns: Minutes/Results of Public Hearings, Selectmen’s Meetings, posted Board Meetings.
G – Provide studies or reports addressing the needs for this district: Cape Cod Commission Reports on Mashpee DRI studies/conclusions which include traffic and wastewater treatment would be available and appropriate to use.
Items 1-9 – Maps and statistics to be provided by the Mashpee Planning Staff for each district to be included within the nomination.
Mr. Lipman spoke to determination of districts, which could overlap, or one large district with a number of different values within it. He cautioned the Board to be clear about those resources being protected and the purpose for protection. Completely separate districts may also be identified.
Margo Fenn suggested the Bourndale District as a good model for Mashpee. Transportation, cultural/historic resource protection, water resource, community character and growth management issues were addressed.
Mr. Lipman referred to the Town of Dennis as they provided separate maps for soils, archeology, water table, etc.
Mr. Lipman explained the Town could delineate one boundary containing a number of different resources, being extremely specific about the threats/reasons for protection.
Beverly Kane requested the use of maps from the Regional Policy Plan. She also inquired as to the extent of availability of CCC assistance throughout the process.
Mr. Lipman assured her of cooperation by providing pre-nomination materials, GIS and build-out data. A planner will be assigned to the project upon filing of the nomination, to assist/guide through the regulatory process.
Margo Fenn explained the DCPC process to be a collaborative effort between the Town and the Commission.
Mr. Lipman spoke to the importance of legal review of the issues. The Commission will require a formal review of the nomination form prior to formal submission.
Mr. Lipman then reviewed the nomination process, providing a flow chart to Board Members for their review:
A total moratorium is placed on the area within the boundaries of the DCPC upon receipt of the nomination; no development permits will be issued. The Commission will then accept the nomination within a 45-day timeframe, possibly sooner. Upon acceptance different types of development will be identified and approved to proceed during the temporary moratorium, as well as those types of development, which cannot proceed. The nomination form will identify and restrict development areas of concern, so that new regulations can be imposed when the moratorium is lifted. The CCC has a period of 60-days in which to prepare a recommendation for the Assembly of Delegates. The Assembly also requires 60-days for their approval, after which the DCPC is designated.
Public Hearings will be conducted at both the CCC and Assembly levels. The time period for the development of implementing regulations is 12-months. Said regulations must be submitted to the CCC for review and certification, adopted at the local level, at which point the moratorium is lifted and the new regulations will be in effect and imposed upon all development within the DCPC (regardless of where said development had been halted within the subdivision process).
Mr. Lipman mentioned that very often a DCPC Committee is formed, composed in part, of some of the affected land and business owners.
In response to a question by Dennis Balzarini, Mr. Lipman stated that in the event the nomination is rejected by the CCC the Town would not be allowed to file for another 2-year period.
Beverly Kane asked what would happen in the event the Town fails to implement regulations.
Mr. Lipman referred to the Act, “If a town fails to promulgate implementing regulations in the allotted time, the Commission shall promulgate those regulations…” “If no regulations are promulgated, the project dies…” The Commission has taken a policy view to not impose upon a town any regulations it does not want.
Margo Fenn clarified the 45-day period is a maximum timeframe; it is possible to make a decision sooner.
Mr. Lipman suggested letters of support from neighboring towns would be quite helpful during the Public Hearing process of both the CCC and Assembly of Delegates.
Tom Broderick, Barnstable Town Planner, gave an overview of their DCPC experience, having been denied by Town Council, noting they had not even had a Public Hearing process. Their proposal had been for a growth management ordinance relating to the limitation of building permits being issued per year based upon market, with details towards affordable housing and infrastructure. Barnstable is now focusing on an update of the Local Comprehensive Plan and re-zoning industrial and retail areas.
Brian Curry, Falmouth Town Planner, expressed his support to the Town of Mashpee growth management issues and volunteered to keep Mashpee apprised of their downtown area project. He did request to be informed of any decisions that would implicate the Town of Falmouth.
Jo Anne Miller Buntich, Sandwich Town Planner, stated she is uncertain as to whether or not the Town of Sandwich would support a DCPC. Politically, Sandwich would not be inclined to become included in a DCPC at this point in time. Sandwich would, however, be interested in participating in a corridor management plan for Route 130. She did share her experience with DCPC, noting the amount of work involved in developing regulations. She is pleased with the outcome of the bylaw produced and it does appear to be protecting the resources in the district as envisioned. She cautioned the Board to be as specific as possible.
Tom Fudala asked the Commission about transportation management district and specific problem areas that should be addressed through the process.
The Commission representatives again made reference to the Bourndale DCPC as an example for transportation management district, as well as a portion of the Sandwich and Harwich DCPC.
There was some discussion regarding the concern for and limitation of curb cuts, limitation of the location of commercial development and residential build-out potential.
Dennis Balzarini asked about state involvement of state highways and was advised that Mass Highway would have to be involved for any changes being proposed for Route 28.
Steve Dolan asked if impact fees could be imposed upon a grandfathered project.
Margo Fenn explained traffic mitigation can be required through the DRI review process, impact fees would be imposed upon all other individual development not being reviewed by the Commission.
Tom Fudala asked about the possibility of impact fees being imposed by general by-law, which is not subject to grandfathering issues. (The Commission will investigate and answer this question.)
The Economic Development Officer suggested other means of generating revenue from the commercial sector, such as a tax increment-financing district, business improvement district, and Massachusetts split tax rate option.
Water quality/quantity issues were addressed, nitrogen loading standards as protection of wells from wastewater development. Mashpee build-out and water supply safeties are issues of concern, as well as the condition of the pond water. Wastewater issues/policies should be addressed and developers should be encouraged to comply with a no-net impact by way of wastewater reduction or cost offset. Suggestions/recommendations are available in the Wastewater Management Tools Report for town adoption. The use of escrow funds for development and future infrastructure uses was suggested for consideration by the Town. References were made to a map entitled, “Cape Cod Coastal Embayments Shared Resources”.
There was discussion regarding the possibility of constructing a Board of Health by-law within the DCPC process to be voted at Town Meeting.
Mr. Lipman suggested the Board make an attempt to decide specific designations for protection in preparation for the upcoming Public Hearing, as well as to review available DCPC filings of other towns, especially Bourndale.
There was some discussion regarding the structure for the Public Hearing.
Beverly Kane noted for the Record that the Mashpee Board of Selectmen was invited to attend this Meeting. The Chairman of the Board of Selectmen has suggested Board Members prepare comments and questions regarding the proposed DCPC for submission to the Planning Board prior to the Public Hearing.
Tom Fudala reported the Town Administrator has made a similar request to all of the Town Department Heads.
This portion of the Meeting was concluded at this point, 3:40 p.m. The Mashpee Planning Board extended their gratitude to the representatives from the Towns of Barnstable, Falmouth, and Sandwich for attending and participating in the meeting. Cape Cod Commission representatives concluded their participation at this point as well.
Planning Board Members: Dennis Balzarini, Vice Chairman; Steve Dolan, Clerk; Lee Gurney; and Beverly Kane, Chairman.
Also: F. Thomas Fudala, Town Planner; and Eric Smith, Assistant Town Planner.
Structure – Public Hearing
Beverly Kane provided the following information: Eric Smith is working on a one-page handout for the Public Hearing which should explain DCPC. Welcome public input throughout the entire process; encourage written comments (by mail or e-mail) to the Planning Department; web site information regarding the DCPC process; introduction of Board of Selectmen, Planning Board Members, Town Administrator; and brief overview of the DCPC process, explaining the issues of concern. Public comment with length of speaking time guidelines.
Tom Fudala suggested a strong statement be made at the beginning of the Hearing explaining the moratorium issue.
Issues of Concern
Transportation Management, Affordable Housing, Water Resource District, and Cultural, Historical, and Archeological Resource District.
Adjournment
There being no further Planning Board discussion, the Chairman entertained a motion.
MOTION: Dennis Balzarini made a Motion to adjourn the Meeting; which Motion was duly seconded by Lee Gurney and so voted unanimously.
(The August 24, 2004 Town of Mashpee Planning Board Meeting was thereupon dissolved at 4:20 p.m.)
Respectfully submitted,
Henrietta DeArcangelis
Board Secretary
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