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HomeMy WebLinkAboutPlanning 11/13/2019Planning Board Minutes November 13, 2019 Present: Donald Cleary, Chair; Richard LeBlanc, Clerk; Beth Ashman -Collins, Ralph Penney, Michael McClanahan, Michael Feck, Joseph Cerretani; Sharon Friedman, Alternate Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative Secretary Motion: To appoint Ms. Ashman -Collins Acting Clerk (McClanahan-Cerretani) All in favor. PASSES 1. Minutes October 23, 2019 a C3 [Mr. LeBlanc arrived at 6:50 p.m.] _ JI Q p. 4 - Mr. Cerretani asked if the state prohibits Sunday hours of operation .r3 70 m Motion: To accept as amended - — n co (Cerretani-McClanahan) Six in favor. One abstention. PASSES 2. Minutes October 30, 2019 r A Motion: To accept as submitted -i o --n (McClanahan-Cerretani) Six in favor. One abstention. PASSES J; i 3. Public Hearing Notices - Attleboro, Easton, North Attleboro, Norton rn 4. Copy of a letter from Town of Needham Select Board, sent through the Mansfield Select Board re: House of Representatives Housing Choice Bill, which proposes to amend the zoning act to allow cities and towns to pass zoning with a simple majority rather than a two-thirds majority. This would allow zoning amendments to pass more easily, which the bill's proponents claim would improve housing production. Ms. Ashman -Collins said she doesn't think that would necessarily increase housing production. Mr. Burke said the legislation would impact a lot of zoning changes and that, while well intended, the bill is not well - targeted. He said Needham is saying that for towns that have not reached their 10% affordable housing, allowing housing initiatives to pass more easily may encourage housing production. However, he said he is not in favor of lowering the bar for all zoning issues to a simple majority in order to broaden one group's agenda. The board decided to discuss this issue further at its December 11 meeting. The clerk read the public hearing notice. Mr. Cygawnoski explained the proposal to remove approximately sixteen feet (16') of stone wall at 283 Gilbert Street within the Gilbert Street right-of-way and relocate it along the new driveway. He said the wall is only two stones high in most places. No trees in the right-of-way will be removed. Mr. Penney said it doesn't look the like there will be any construction within the 25-foot no touch zone. Mr. Cygawnoski said there will not be. Planning Board 1 11/13/2019 Motion: To approve the scenic road application for the removal and relocation of approximately sixteen feet (16') of stone wall at 283 Gilbert Street within the Gilbert Street right-of-way and relocate it along the new driveway or use the stones to replenish the existing wall. No trees will be removed. (McClanahan -Ashman -Collins) All in favor. PASSES Motion: To close the public hearing (McClanahan -LeBlanc) All in favor. PASSES Attorney Valanzola introduced Engineering Attorney Valanzola said he has reviewed the draft special permit. Dave Newhall, Merrill Dave Newhall, Merrill Engineering, explained the revisions to the plans, including the addition of a zoning table, turning radius and a collapsible screen to be used at the back door during deliveries. Ms. Friedman asked if the screen would be large enough for delivery vehicles; Mr. McLaughlin said it would be, and explained the delivery vehicles are the size of minivans and the delivery area will be the size of a parking space. Ms. Friedman asked if they will use box trucks for deliveries; Mr. McLaughlin said they would not have deliveries that large. Ms. Friedman asked about the hours of operation being consistent with the hours of the existing businesses in the plaza. She asked if the other businesses in that plaza are open until 10 pm on the weekends; Mr. Valanzola said they are. Mr. McClanahan asked about opening hours of the other businesses; Mr. Burke said several early in the morning. The board discussed allowing reLeaf to open at 9 am seven days, to close at 9pm Sunday through Thursday, and to close at lOpm Friday and Saturday. Consensus was to make that change. Mr. Penney asked about sending the Police Department the special permit for review; specifically to review off -site customer parking. Attorney Valanzola said they do not proposed off -site customer parking, but said if that changes, they will have to come back to the Planning Board and the Police Department. Mr. Burke said the applicant has worked well with the Police Department on the security issues. Public Comment Bill Clemmey, 55 Fowler Street, asked if the special permit is available for the public. He said he was surprised more people have not attended the public hearing. Attorney Valanzola said he was surprised about that as well, and said this was an advertised public hearing, at which the public has been welcome. Scott Feely, 49 Fruit Street, said the Finance Committee had a public meeting with the applicant, and they had no public at that meeting. He said he thinks the residents are satisfied with the process. Planning Board 2 11/13/2019 Motion: To approve the Special Permit application pursuant to Mansfield Zoning By -Law Sections 230-5.5 and 230-3.4L and M, Recreational Marijuana Uses, Retail (brick and mortar), relative to the application of the reLeaf Alternative, Inc. for Special Permit approval of a retail recreational marijuana store within an existing 3,223 square foot building on an approximately 95,512+/- square foot parcel of land at 321 School Street (Map 12, Parcel 12) in the Industrial 1 (II) Zone with the following conditions: 1. Sheets 1-5 of "reLeaf Alternative, Inc. Site Plan" dated August 26, 2019 and revised November 8, 2019, prepared by Merrill Engineers and Land Surveyors; Undated [received in Town Clerk's Office September 17, 2019] "reLeaf Alternative Proposal Prepared for Mansfield, MA; September 5, 2019 "Transportation Impact Report Recreational Marijuana Retailer Mansfield, MA," submitted by Nitsch Engineering; and September 5, 2019 "Appendices Recreational Marijuana Retailer Mansfield, MA," submitted by Nitsch Engineering; the "Host Community Agreement Between the Town of Mansfield and reLeaf Alternative for the Siting of a Recreational Marijuana Establishment" dated June 19, 2919; Town of Mansfield Police Department "Special Order 19- Effective Immediately RE: reLeaf Alternative 321 School St., Mansfield, MA," signed by Police Chief Ronald Sellon on August 18, 2019 and signed by ReLeaf Alternative President Connor McLaughlin on June 12, 2019, as may be amended, are incorporated into this special permit decision by reference and shall be recorded with the special permit decision at the Mansfield Town Clerk's Office, and the special permit shall be recorded at the Northern Bristol County Registry of Deeds; 2. All above -referenced department head comments shall be satisfactorily addressed within the 20-day appeal period; 3. Any changes to the plans shall be made within the 20-day appeal period; 4. This special permit for a retail recreational marijuana store within an existing 3,223 square foot building on an approximately 95,512+/- square foot parcel of land at 321 School Street (Map 12, Parcel 12) in the Industrial 1 (I1) Zone is issued to the applicant, reLeaf Alternative; 5. This special permit shall lapse within five (5) years of its issuance. If the permit holder wishes to renew the special permit, an application to renew this special permit must be submitted one hundred twenty (120) days before its expiration; 6. The hours of operation shall be 9:00 a.m. — 9:00 p.m. Sunday — Thursday and 9:00 a.m. —10:00 p.m. Friday and Saturday; Customers may visit the retail site `By appointment only" on those occasions when (i) the Chief of Police has concerns about traffic and waiting lines outside of the retail site and (ii) as determined by the Chief of Police during local and regional high volume traffic events, such as tourism, concerts or sporting events, to alleviate impacts on local roads, businesses, service and public safety. Otherwise, customers may visit the retail site during the business hours outlined in paragraph 6 above, without an appointment; 7. To the best of the applicant's ability, there shall be no customer waiting lines outside the retail sales store. All customers shall be required to wait within the vestibule inside the store. An appointment -only system may be required by the Chief of Police, should exterior waiting lines occur; 8. The applicant has acknowledged the existing and projected high volume of traffic on School Street and the need for traffic management signage along the School Street corridor. To that end, the applicant has agreed to donate a portable traffic Planning Board 3 11/13/2019 control trailer equipped with both a programmable message board as well as radar/laser traffic monitoring equipment to both monitor and display motorist speed; 9. The applicant has also offered to place a solar -powered speed limit sign with a radar speed device that displays motorists' actual speed. This sign shall be placed on the eastbound side of School Street prior to the Route 495 underpass; 10. As may be required by the Chief of Police, reLeaf shall have up to three (3) staff members wearing readily identifiable clothing stationed in the parking lot to direct traffic to reLeaf s parking spaces. At no time may reLeaf staff direct traffic on the public way; 11. As required by the Police Chief, during occasions of high volume of site traffic, traffic for the reLeaf store shall be routed around the building to the rear and directed to park in the main site parking field; 12. All reLeaf staff shall be required to park off -site in order to allow the maximum number of parking spaces on site to be available for customer use; 14. Should the applicant decide to provide off -site customer parking, a detailed plan of same shall be submitted to the Mansfield Police Department and Planning Board for review and approval prior to the use of an off -site customer parking lot; 15. Applicant shall be required to have a security presence both inside the reLeaf business and outside the building in the parking field. Any incidents of disorderly conduct within the facility, on the sidewalk or in the parking lot shall be reported to the Mansfield Police Department; 16. Interior and exterior security camera access shall be provided to the Mansfield Police Department; 17. The use of any product purchased at reLeaf is strictly prohibited in the parking lot or in vehicles in the parking lot; 18. Applicant shall not dispose of any retail product in on -site dumpsters; 19. Store front lighting levels shall be reduced after normal business hours, to similar levels of neighboring businesses; 20. If the applicant seeks an variances from the Zoning Board of Appeals, and should relief be granted, the applicant must return to the Planning Board for review, which may include a public hearing to revise or reissue this special permit; 21. Any significant change to the use of the property and/or attendant parking, and/or landscaping will result in a review by the Planning Board and may result in the need for a modification to the special permit. The Building Inspector or Planning Board shall determine what constitutes a significant change. (McClanahan -Friedman) Friedman — In favor. The benefits outweigh the detriments, especially with the safety protocols in place, and there has been good cooperation with the Mansfield Police Department, which presumably will continue. All of the safety issues have been adequately addressed, the use will bring revenue to the town and this is a good use of space in an existing building. Penney — Opposed. I do not think the benefits outweigh the detriments. I realize the majority of voters voted to approve recreational marijuana, but I cannot in good conscience support it. Planning Board 4 11/13/2019 Cerretani — Opposed. I do not believe the benefits outweigh the detriments LeBlanc — In favor. I believe the benefits outweigh the detriments with regard to health, convenience and effects on adjoining premises. The traffic will be in line with existing vehicular uses, and the use will have positive fiscal impacts. Ashman -Collins — In favor. This is an allowed use, the applicants have planned this well and the benefits outweigh the detriments. [Mr. Feck arrived at 7:30 p.m.] McClanahan - In favor. The benefits outweigh the detriments, the applicant has worked with the Police Department to avoid safety and traffic issues. I appreciate the applicant working with the town. Cleary — In favor. The benefits outweigh the detriments, the Police Department is comfortable with it, the voters support the use, and this will be a business like any other. I understand people's fears, but this is a good location for the retail use. Five in favor. Two opposed. No abstentions. PASSES Motion: To close the public hearing (McClanahan -Ashman -Collins) The clerk read a request from the applicant to continue the public hearing. Motion: To continue the public hearing to December 11, 2019 at 7:30 p.m. (Ashman -Collins -McClanahan) All in favor. PASSES Craig Cygawnoski, RIM Engineering and Attorney Edward Valanzola Department Head Comments The clerk read a memo from Mr. Alves. Mr. Cygawnoski said his client agrees to both of Mr. Alves's remaining concerns and will mill, shim and overlay the portion of Gilbert Street they disturb. Mr. Cygawnoski said he has added a note they will plant trees at the stone wall at the cemetery, which will not disturb sight distance. Public Comment Russell Rapoza, 175 Gilbert Street, said he is the most impacted abutter and is downhill from this site. He said he has seen two 100-year storms since he moved there in 1996 and the water table is very high. He said this property was zoned industrial when he moved in. He said he is a proponent of building, but not when it is a detriment to residents. He said when this was rezoned residential, the owner told him he was planning to build two lots. Since then, the cluster development was proposed, which would put a burden on the residents. He said the two -lot plan Planning Board 5 11/13/2019 was supposed to have a 50-foot buffer around the property. He said the drainage on Chessman Road is not a good system. He said the drainage systems in cluster developments are supposed to be maintained by the homeowners, but they are not maintained. He said sheet 6 of 8 of this plan shows a swale along his property line, which he said he has discussed this with the landowner. He said the road will have to be high for the drainage system to work, so the water in the swale could be stagnant and he is concerned about EEE. He said he is concerned this will impact his property's value. He said the town does not benefit from cluster developments because they are supposed to be privately maintained, but when people move in, that changes. Mr. Rapoza said he is concerned the drainage system in Chessman Road has failed and has not been maintained by the homeowners in 15 years. Mr. Burke said he has met with the abutting property owner Mr. Couture about the issue and has corresponded with the homeowners. Mr. Cygawnoski said the drainage system for the proposed cluster is underground and the road will become a public way, so it will be maintained by the town. Mr. Penney asked about Common Space A; Mr. Cygawnosk said that will be deeded to either the NRT or the town. He said it is 30-50 feet wide with a Swale, which is intended to catch the water. Mr. Rapoza said his property is at a low point and he is concerned about the swale holding water. Mr. Cygawnoski said they are not grading onto Mr. Rapoza's property. Mr. Rapoza said he will have no buffer with the drainage system right next to his property line. Mr. Cygawnoski said the open space is 30-50 feet wide; he said the swale is not designed to hold water. Mr. Burke asked the change in elevation from the roadway to the Swale; Mr. Cygawnoski said the Swale will be six inches deep and is intended to carry rainwater. The bottom will be three feet wide and grass -lined. He said the property line is at elevation 152, the roadway is at 152-154 to 155-156 over 500 feet. The swale will be approximately 400 feet long. Mr. Rapoza asked how far the swale is from his property and said he is concerned it will not be maintained. Mr. Cleary asked what is there now; Mr. Rapoza said it is wooded. Mr. Cleary asked about plantings to protect the abutter. Mr. Rapoza asked how the town benefits from a cluster development; Mr. Cleary said the idea is to have less impact on the environment. Mr. Feck said the intention is to build a smaller road with smaller lots, with no more than the number of lots that could be built with a regular subdivision. Mr. Penney said the cluster also requires open space. Ms. Ashman -Collins asked about the swale planting; Mr. Cygawnoski said it would be planted with grass. Mr. Rapoza said the common area next to his house is very narrow. He said when two houses were proposed, he was told he would have a 50-foot buffer next to his property. Attorney Valanzola said this plan meets all the design requirements to do a traditional subdivision, which allows them to propose the same number of lots as a cluster subdivision. Mr. Cleary asked what Mr. Rapoza would like to see along the property line. Bill Clemmey, 55 Fowler Street, Trustee of Quirk LLC, asked if there is anything in the plans about the Conservation Commission. Mr. Cygawnoski said they are not doing anything in the 100-foot buffer zone. Mr. Clemmey said the wetlands at the south of the property abut his property, on which they are planning to develop for a single-family home. He said his engineer Planning Board 6 11/13/2019 told him it would not be allowed if the site has rare species habitat. The clerk read a memo from Ms. Gonyer indicating the requirement to file with NHESP. Mr. Cygawnoski said that is a step that is normally done after the subdivision is approved. Mr. Clemmey said he got a report back on his land, which said there is a habitat on the property. He said the water from lots 1-5 runs south toward his land, and he is opposed to this proposal because of the potential negative impact to his property. Ms. Ashman -Collins asked about drainage off this site; Mr. Cygawnoski said the plan will not increase runoff offsite. He said they are not allowed to increase runoff and the water will be pushed toward the new road and the new drainage system. Mr. Clemmey asked where the water from Lots 1-4 will go and said he is concerned about the residents clearing the lots further. Ms. Ashman -Collins said Ms. Gonyer's letter requires the plan to show the limit of lawn on the lots and asked if that could be a condition. Mr. Cygawnoski said they show the limit of work and of lawn on the plans. Mr. Feck said there could be deed restrictions. Mr. Cygawnoski said if the five lots are approved, they will apply to NHESP, which will also set a limit of work line. Mr. Feck said the NHESP line of work could be referenced in the special permit. Mr. Penney said the infiltration rate of a treed area and lawn area is about the same. Mr. Burke said a condition could reference the limit of lawn area set by the town or the NHESP, whichever is more restrictive. Mr. Cygawnoski said that makes sense, but he would have to discuss it with his client. Mr. Penney asked what they plan to do to improve the drainage to the retention basin. Mr. Cygawnoski said Mr. Alves was concerned about puddling in Gilbert Street, so he wants Gilbert Street regraded so water flows toward the new roadway's drainage system. Mr. Cygawnoski said the drainage system was designed to hold twice what it needs to. Mr. Penney said the additional water from the new homes will be infiltrated through the septic systems. Mr. Cygawnoski said they could look at moving the swale away from the property line; he said the infiltrators are underground, but Mr. Maloon did not want them to be under the roadway so they are accessible. Mr. Cygawnoski said the chambers can be reconfigured as long as there is capacity; he suggested increasing the length and shortening the width of the swale to move it away from the property line. He said they can look at a different type of system to avoid standing water. Mr. Penney asked about the sidewalk; Mr. Cygawnoski said they proposed to increase the pavement width from 22' to 24' in order to add a two -foot fog line. Ms. Friedman asked about runoff and rain from lots 3, 4 and 5 near the wetlands. Mr. Cygawnoski said the runoff from the end of the road goes to two catch basins at the cul-de-sac, through pipes and into the retention basin at lot 4. He said that basin was designed not to hold water, and to infiltrate into the ground. He said there is an emergency overflow to a swale. Mr. LeBlanc asked about the pitch of the Swale; Mr. Cygawnoski said it is minimal because the ground is extremely flat. He said the Swale was not designed to hold a lot of water. Mr. LeBlanc asked if there has been a problem with cluster subdivisions; Mr. Burke said Chessman Road is a residential compound, which is a private way. He noted the state prohibits towns from spending funds on private ways. Mr. LeBlanc asked if there is an order an applicant is supposed to follow Planning Board 7 11/13/2019 for NHESP; Mr. Burke said it is better to have a plan to show NHESP so it has something to reactto. Ms. Ashman -Collins asked about a "Share the Road" sign instead of a two -foot fog line. Mr. Burke said that could be added, but said he thinks the fog line will provide a space for young bicyclists and people with baby carriages. Mr. McClanahan asked about cleanouts; Mr. Cygawnoski said there will be cleanouts on the underground drainage system. He said he thinks moving the Swale away from the property line will help the abutter. Ms. Friedman asked about the affordable housing issue; Attorney Valanzola said his client proposes to make a payment to the Affordable Housing Trust Fund. Motion: To continue the public hearing to December 11, 2019 at 8:00 p.m. (McClanahan-Cerretani) All in favor. PASSES 139-143 Chauncy Street — the plan seeks to create one new lot; the existing lot and new lot would both have adequate frontage and area. Attorney Valanzola said the new lot will be served by the existing driveway. Mr. Burke said the plan warrants endorsement. Motion: To endorse the Form A (McClanahan -Ashman -Collins) Mr. Cenetani asked if the zone line going through the lot impacts the plan; Mr. Burke said the majority of the frontage and area are in the R3 zone. All in favor. PASSES Mr. Burke said there will be a lottery for the three affordable units on Willow Street on November 20; there are five Mansfield families in the pool. Mr. Feck asked about requiring homeowners' associations put up a bond for the maintenance of drainage systems on private ways. Mr. Burke said he isn't sure the town can do that. He said in the event a private way causes drainage problems on a public way or on abutting properties, the remedy is to take the homeowners' association to court. Mr. LeBlanc said that could apply to a lot of issues on private lots. Mr. Brike said he would send town counsel a letter asking what the town's options are. Ms. Ashman -Collins said the board has been hearing a lot about drainage issues over the last few years. Ms. Friedman said the Open Space & Recreation Committee will have a website soon, is working on education outreach for the public and schools and 2020 goals. Planning Board 8 11/13/2019 Mr. Penney asked about 5G. Mr. Burke said town counsel found a problem with the by-law the day before Special Town Meeting, and it can be resubmitted for 2020 Annual Town Meeting. Mr. Penney asked the board to think about other zoning changes for 2020. Mr. Cleary said the Master Plan consultant sent some information for the board to review, which will be distributed tomorrow. Motion: To adjourn at 9:15 p.m. (McClanahan- ) All in favor. PASSES Next Planning Board Meeting: December 11, 2019 at 7:00 p.m. Next Master Plan Meeting: November 20, 2019 at 7:00 p.m. /fir Pgnature Date of Approval Planning Board 9 11/13/2019