10/06/2010 PLANNING BOARD Minutes

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Mash pee Planning Board Minutes of Meeting ng October 6. 2010 at 7 p.m. Selectmen's l eering Room, l lashpee Town Hall 'AI. TO ORDER The Town of Mashpee Planning Board meeting was called to order with a quorum in the Selectmen's Meeting Room at Ma. tepee Town Hall by the Chairman at 7:05 p.m. on Wednesday, October 6, 2010. Planning Board Members Present: Chairman Mary wayg n, George Petersen., David I ooharian, Vice -Chair Dennis Balzarini and Clerk Joe Mullin Also Present: I iichael Richardson -Selectman Liaison, Toni Fudala-Town Planner, Charles Rowley - Consulting ultin Engineer and Worn Mayo -CIS 1 d ini t t r APPROVAL OF MENUTES Approval of the minutes for September 1 and September 15 will be- considered at the next meeting. PUBLIC HEARINGS 7:10 Public Hearing for Arti .les Proposed for Action at the October 18, 2010 Town Meeting The appointed hour having arrived, the Chairman read the Public Hearing notice into the record and called the Public Hearing to order. Article -Authorizing the Planning Board to allow undersized lots in Commercial Centers which will be tied to a private vs, public) wastewater treatment plant Mr. Fudala stated that Arficle 9 is relative to the negotiations with Mashpee Commons and concerns the development a rdement for Fast Steeple Street and Market Street. The current Comm l l Center Bylaw allows the Planning Doan to permit lots that do not meet the minimum lot size requirement if it is connected to a public wastewater vu ent plant. The proposed article would give the Board the authority to allow such lots if they are connected to a private wastewater treatment plant. Mr. Bal afini questioned issues of town liability if the plant is in need of fixture repair. Mr_ Fudala responded that a private wastewater fa6lity is subject to HEP regulations and would require maintenance through an escrow account regardless of whether it is private or public. Mr_ Balzarini questioned if the plant's capacity was increased and Mr. FudWa responded that, with the plant history of use,. lP could allover addition] users to the plant that will exceed Title V numbers because capacity was unused. Mr. Bale questioned if the existing plant is lie enough to accommodate. build out conditions and I1r1r. Fudala responded that the current plant manages 50,E gpd with a discharge permit approved to expand to 180,000 gpd. The proposed pro ica is expected to require 2502000 gpd and will eventually necessitate further +or- Mr. Balzarainl expressed concern about the plant becoming a public/private facility. Board members did not recall a municipality being forced to take over a DEP licensed private wastewater f' dlity. There was no public comment regarding the proposed bylaw change. Article It -Amending the cluster zoning by-law to clarify that zero lot line housing is abowed (without a landscaped buffer between buildings) and that more than one unit per 10 may be set aside for affordable housing itb one bonus unit for each such affordable unit). The Chair indicated that the article was submitted by petition on behalf of the Tribal Council. Mr. Fudala reported that the Tribal Council is proposing construction of affordable housing on Meetinghouse Road with the intent of ufilhzing Chapter 40B. However, concern has been expressed