HomeMy WebLinkAboutmin of planning brd 03052008
Planning Board Minutes I!Fi. \VED ,.I
March 5,2008 . __,', "".; ., \ -;\~ P'l< c n F C \ CE
Present: H. Thomas French, Chair; John DeMassi, Clerk; Doug Armido, Tony Jerdice:'" 1
Beth Ashman-Collins, Mike McClanahan; Donald Cleary, Alternate 2UIlR '20 P 3: \ 3
is
1. February 6, 2008 minutes
Motion: To approve as submitted (Annino-Jodice) Five in favor. McClanahan
abstained. PASSES
2. ZBA application for Variance - 26 Aspen Street
[Mr. French arrived at this time]
The application is to divide the lot into two; the second lot would not conform to lot
width. The application says the hardship is to the shape of the lot. Ms. Collins
noted this would not make the lot any narrower.
Motion: To send the Zoning Board of Appeals a positive recommendation because
the creation of this lot would not derogate from the intent of the Zoning By-Law or
be detrimental to the neighborhood (Collins-Jodice) All in favor. PASSES
3. Meeting notices - Attleboro, Easton, Norton, Sharon, JTPG, Canoe River Aquifer
Committee
4. The Beacon
Mr. French told the board the Armual Town Meeting warrant has closed, but there is a
placeholder article if the board decides to bring back a site plan article this year. He
asked the board if it wants to go forward with the article, or wait until the Master Plan is
complete. Ms. Collins said it makes sense to bring the Master Plan forward as a package.
Mr. DeMassi said some of the site plans coming before the board are incomplete, which
is frustrating and a waste of the board's time. Mr. French said because it the board only
makes a recommendation, applicants do not have to comply with the board's requests.
Motion: To put site plan on the warrant (DeMassi-Annino) All in favor. PASSES
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Mr. French explained when this hearing began, the board had seven regular members and
two alternates. Since then, two members have resigned, the two alternates became full
members, and there is one alternate. There are seven members present, but Mr. Cleary,
the board's alternate, has not been involved in this to date, leaving six members available
to vote. Mr. French asked the applicant if he wants to go forward with the hearing
tonight or continue to another date. Conrad Decker, Drake Petroleum, said he would like
to go forward with the new information and plans tonight.
Mr. Decker introduced Tom Danilek, Drake Petroleum, Scott LaBonte, Construction
Manager, Bill Richard, property owner
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Mr. Decker explained the application for a gas station/convenience store/Dunkin Donuts
(with no drive-through) with six pumping islands. He said he has met with Mr. Burke to
address the department and board comments and the plan has been redesigned.
The original plan showed two driveways onto South Main Street. There are still two, but
the northerly cut has been significantly modified to change it from full-service north and
south access to an angled driveway in for access only for southbound traffic only. The
driveway will have no egress feature at all, so there will be no traffic coming out of that
driveway going either north or south. The curb cut also been reduced, but it will still be
able to accommodate delivery and tanker trucks.
The second curb cut has been altered to allow ingress and egress, but the lanes have been
separated, with one dedicated ingress lane and two dedicated egress lanes (one for north
and one for south bound traffic). There will be room for queuing inside the site.
Separation has been provided between the ingress and egress with a six-foot wide berm.
The original plan showed six single pumping islands across the front of the property
under a 28-foot by 160-foot long canopy. There are still six pumps, but they have been
rearranged as tandem pumping stations. The canopy has been reduced to 89 feet long and
the building moved back further on the site, and the amount of green area has been
increased on the north and south areas of the property.
Parking has been reconfigured for 26 cars, which meets zoning requirements. That extra
area has been given over to more green space. The site meets the requirement for 35%
open space. A raised 2 ~ to 3 foot landscaped berm has been added at the front to
mitigate the effects of the site lighting. The berm will not interfere with sight lines
entering or leaving the site.
The building size has not changed, but it has been set back further from the road.
Lighting levels have been reduced; the highest level under the canopy is now 60
footcandles, and the rest of the site is lower.
A narrative has been prepared explaining how the gasoline tanks, piping and vapor
systems are installed, and the regulations that will have to be met EP A, DEP and the Fire
Marshall's office. They are proposing three underground 15,000 gallon, double-walled,
fiberglass storage tanks. There will be overfill protection up to 90% of the tanks'
capacity, and the supply lines will have a containment system as well. The tanks will be
monitored 24-hours-a-day inside the store and at the home office. The underground tanks
have to be installed in accordance with the Commonwealth's regulations for new gas
station construction, including devices for vapor recovery, and the systems are inspected
annually. The closest house 140 feet from the gas station.
The original application had requested a 24-hour-a-day, seven-day-a-way operation,
which has been amended to 5 am - 12 am.
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Mr. DeMassi asked if there is curbing in front of the berm at the front of the site. Mr.
Decker said there is, and added the entire perimeter of the site is curbed.
Mr. DeMassi asked where the sign will go; Mr. Decker said it will be at the north
entrance and be perpendicular to the street. Mr. French asked about existing signs for the
other uses. Mr. Decker said there is an existing sign at the southern entrance. Mr.
Richard said that is set back and doesn't interfere with sight distance. Mr. Decker said
they had to demonstrate the sight lines wouldn't be impacted by the berms or signage.
Ms. Collins asked if it would really be possible to mask the headlights with the berm
without impacting sight distance; Mr. Decker said the way the driveways are designed,
the headlights will be pointed into the site.
Mr. Decker said they have added more landscaping around the detention basins.
Mr. Armino said he was concerned the exit from the site will point headlights toward the
house across the street. Mr. Decker said the driveway location will not change from
where it is today. He said the peak periods are 7-8:30 a.m. and 4:30-5:30 p.m., so the
headlights will be minimal. Mr. Annino said he wants to protect the residential use
across the street and suggested some additional plantings at the front of that property.
Mr. Decker said if it can be arranged between the parties, he would be willing to do that.
Mr. Annino said the berm and reconfigurlng the canopy will help, but said he would like
to see the properties across the street protected. Mr. Decker asked Mrs. Pimental if that
would work on her property. She said their property dips down so she didn't think
additional plantings would help. Mr. French asked if some evergreen trees between the
existing sign and their windows would help; Mrs. Pimental said they would have to be
very large because there is a significant drop at the front of her property.
Correspondence
The clerk read a letter from former board member Fred Armstrong, 27 Necco Road.
The clerk read a memo from Mr. Burke; a memo from the applicant addressing the
department head comments and a letter from Mr. Decker to Mr. Burke.
The clerk read a letter from Mass Highway to the applicant indicating the local permits
must be granted prior to the Mass Highway curb cut permit being granted.
The clerk read a memo from Mr. Sullivan.
Public Comment
Nancy Pimental, 259 Mansfield A venue, Norton, said she was concerned about the health
issues involved with the gas station. She asked that the gas company be required to pay
for monitoring and alarm equipment for her mother's house at 900 South Main Street.
She requested there be no nighttime activity at the gas station, including deliveries and
asked for the hours of operation to be 7 :00 a.m. to 11 :00 p.m. Mr. DeMassi asked if
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there are any 24-hour gas stations in Mansfield. Mr. McClanahan said the gas station at
Stop & Shop is open 24 hours.
Board Comment
Mr. Jodice said he thinks the board's concerns have been addressed and thanked the
applicant. He said his main problem is traffic on Route 140 and suggested the applicant
monitor the traffic after this is built to be sure that what is proposed is what happens.
Mr. Jodice said he understands the neighbors' concerns and he hopes the applicant will
work with them to mitigate the impacts. Mr. Decker said Massachusetts has air quality
standards, and complaints are reported to the Board of Health, which has to investigate.
Mr. Jodice said he wants the applicant to do as much as possible to be a good neighbor.
Mr. Decker said he would be willing to plant additional landscaping for the abutter.
Mr. Armino said the applicant will have to address how the residential neighbors' issues
will be monitored. He said he is uncomfortable with the 5:00 a.m. to 12:00 a.m. hours of
operation, and is concerned about the timing of things like deliveries and trash pick-up.
Mr. Annino said he would like to see the lighting toned down when the site is closed,
both for energy efficiency and to protect the neighbors. Mr. Decker said there is minimal
lighting when the store is closed. Mr. Annino asked to see a detail.
Mr. Armino asked if the canopy lights are flush with the canopy. Mr. Danilek said they
are. Mr. Annino asked to see a detail.
Mr. Armino suggested the landscaping should be indigenous species and be drought
resistant so they won't have to be watered.
Mr. Armino asked if the island divider could be planted; Mr. Decker said Mass Highway
made them remove the proposed plantings. Mr. Annino asked to see that letter.
Mr. Annino said he is happy with the smaller canopy and the new building design.
Mr. DeMassi said he is uncomfortable with 5:00 a.m. to 12:00 a.m. and suggested 6:00
a.m. to 11 :00 p.m. He said he doesn't believe there is a need for the second, northerly
driveway and is very uncomfortable with it. He said he thinks this is the wrong use for
this site and adding more traffic could be dangerous.
Mr. McClanahan asked what signage would be installed to control the traffic. Mr.
Decker explained the pavement angles and the signage that would help to control the
turning movements. Mr. Decker said without the second driveway, all the traffic would
have to make the ingress movement at one point.
Mr. McClanahan asked what Mass Highway said about the curb cuts; Mr. Decker said
Mass Highway didn't have a problem with the original design for two driveways, but
issued a second opinion after it heard about the town's concerns.
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Mr. McClanahan asked if the applicant could look at Mrs. Pimental's concerns. Mr.
Danilek said he would.
Mr. McClanahan said this plan is a vast improvement over the original plan.
Mr. French asked if the berm at the front could be wrapped around the corner to provide
more screening, without impacting sight distance. He said he has some concerns about
the northern driveway, but said the one-way in driveway improves the situation. He
asked Mr. Decker to look into the neighbors' concerns.
Motion: To continue the public hearing to April 23, 2008 at 8:00 p.m.
(McClanahan-Jodice) All in favor. PASSES
The clerk read the public hearing notice.
Attorney Ed Valanzola explained he represents Benchmark Assisted Living, which has
entered into agreement with the owner of 253 Branch Street, which abuts the existing
Village at Willow Crossing. The proposal is to amend the 1998 special permit to add 56
cottage-style units. Mr. Valanzola explained the 1998 special permit approved the
construction of 198 units, but only 166 were built. He said the benefit of the assisted
living facility would be additional tax revenues, no burden on the school system and
minimal traffic generation. The applicants have met with the department heads and
incorporated their comments into the revised plans. They will be before the Conservation
Commission on their Notice of Intent because there are wetlands southeast of the parcel.
He said they will leave the existing walking trails in place.
Mr. Valanzola introduced Mike Waleryszak, Benchmark; Steve Paqetter, general
contractor; Bob Babcock and Brian Gillis, Dunn-McKenzie Engineering; Dan Dumais,
MDM Transportation; Dave Udelsman, architect
Mr. Babcock explained the plans for the addition of 56 living units in 14 buildings, and a
new clubhouse. The existing parcel is 30 acres of field and pine forest, bounded by the
bike path, Back Bay Brook and Branch Street. There are pockets of wetlands at the
southerly and westerly portions of the site, subject to a 2006 Order of Resource
Delineation. A Notice of Intent has been filed with the Conservation Commission
Soil testing been done in the area of the drainage basins and roof drains. The soils range
from excellent in most areas to average in some. There is a moderately high water table.
The site has 65.7 percent open space. The roadway will be 2,100- foot long, 24- foot wide
private roadway served by public sewer, water, cable, phone, water and electric. Most of
the roof runoff will be infiltrated into the ground, but a couple of buildings will drain into
basins. The stowmwater will go through grass swales to detention/infiltration basins.
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Mr. Babcock explained they have requested six waivers, which the Engineering
Department has recommended be approved.
Mr. French asked about the driveway out to Branch Street. Mr. Babcock said that will be
an emergency access road and a temporary construction entrance. Mr. McClanahan
asked if it crosses the bike path; Mr. Babcock said it does. Ms. Collins asked if it is
necessary. Mr. Valanzola said they agree it should be for emergency use only, but said
they do not want to run construction vehicles through the existing Village at Willow
Crossing. He said that issue is under consideration. He said they want to take some, not
all, of the construction burden off Cobb Street because Branch Street is a public way.
Ms. Collins asked if the second entrance is necessary for emergency use; Mr. Valanzola
said Police and Fire want it, and it will be gated. He said he thinks the construction will
be short-lived, about three to four months.
Mr. Jodice asked what would keep people from using the Branch Street entrance after the
construction is done; Mr. Babcock said it would be gated.
Mr. DeMassi asked why the board should approve 28 more units than were approved
under the original permit. Mr. Valanzola said there is a need for this type of housing, it
will be a low burden on town services, and the units will be built on a 30-acre parcel. Mr.
Babcock noted the Zoning By-Law would allow 250 units.
David Udelsman, architect, explained the design of the buildings, units and clubhouse.
Department Head Comments
The clerk read memos from Mr. Burke dated March 5 and February 12. Mr. Babcock said
the gate at Branch Street will be moved onto the site and off the town property. He said
some of the roof drains go directly into detention basins. The existing sewer manhole is
not under the bike path and the bike path will not have to be cut to access it. The aerial
photographs showing the tree line along the bike path were probably taken in the fall, but
Mr. Babcock said he will look at those and show the area accurately. Mr. Valanzola said
the possible discontinuance of a portion of Branch Street came about in discussions with
Mr. Nicodemus; there has been discussion about giving him a triangular portion of land
as a buffer between them and the bike path. Mr. Valanzola said the lighting is consistent
with the existing Village at Willow Crossing lighting.
The clerk read memos from the Fire, Water, Engineering, Electric Departments.
Public Comment
The clerk read a letter from Aaron Nicodemus, 243 Branch Street
Public Comment
Jim Wilkinson, 63 Marshall A venue, asked about the drainage area. Mr. Babcock
explained the detention basins for this project are on the other side of the Back Bay
Brook from the Marshall A venue properties.
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.Mabel Badger, Village at Willow Crossing, said Cobb Street isn't appropriate for
construction equipment because people park on both sides of the street.
Patricia Hassel, Village at Willow Crossing, said the town worked hard to get the bike
path installed and said it would be destroyed if construction vehicles are allowed to use it.
She said it would also be dangerous for bike path users. She asked who would be able to
access the Branch Street gate; Mr. Valanzola said only public safety officials. He said
they will look at having an attendant during the construction and they would be willing to
post a bond to ensure the bike path is returned to its original condition.
Ms. Hassel said Mr. Burke's memo mentioned different paving surfaces could be used to
slow traffic within the site and urged the board to require that.
Mr. French said the Branch Street access would be there simply because there is only one
access to the site, from Cobb Street. He said he wouldn't expect the Branch Street access
to be used for normal emergency calls, but would only be used if Cobb Street is blocked.
Mr. Valanzola said that is what he discussed with the public safety officials.
Sandra Carr, 67 Marshall Avenue, asked how much she is going to see if this is built.
Mr. Babcock said the nearest building will be approximately 1,000 feet from her property
line. He said he would prepare a plan to show the abutting properties, as well as a
photometric plan.
Board Comment
Mr. Cleary asked if the walking trails can be connected to the bike path; Mr. Babcock
said there is and he will identify a location.
Mr. Jodice asked who pays the taxes on this property; Mr. Waleryszak said Benchmark
does. Mr. Jodice asked what that revenue would be; he said it would be approximately
$150-200,000 for the new units.
Mr. Jodice said he likes the relatively low impact of the development, and this type of
housing stock being made available to senior residents. He asked what this development
can do to be more "green." Mr. Waleryszak said they have committed to looking at
making all their developments sustainable.
Mr. Jodice suggested making the vinyl siding look less like vinyl siding. Mr. Waleryszak
said they have been looking at hardy plank.
Mr. Jodice said he is uncomfortable with access across the bike path, but he likes the idea
of the walking trails.
Mr. Jodice asked if there is some way to alleviate the number of fire department calls to
this site, like an on-site EMT.
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There was discussion about the new carbon monoxide detectors installed at the Village
being responsible for many of the fire department calls. They are apparently very
sensitive, and each time one goes off the resident is required to call the fire department.
They are in the process of being replaced with different units.
Jim Monroe, son of the landowner, asked if the fire department could figure out how
many calls are carbon monoxide calls and how much of a reduction there will be when
they are replaced. Mr. Valanzola said they would get together with the Fire Department.
Mr. Jodice suggested the carbon monoxide and fire systems could be tied into a main
network, with someone monitoring and deciding whether to call public safety. Mr.
Valanzola said there could be issues of liability with a system like that.
Ms. Collins said there is a need for more 55 and over housing and this is a good location
for it because of its proximity to the bike path and downtown. She said she is very
concerned about access to the bike path and about the length of this cul-de-sac with only
one entrance. Mr. French said this is not a subdivision, it is a private driveway. She said
she would want to be sure the sidewalks are wide enough for residents to use them safely.
Ms. Collins said the buildings look massive for one-story buildings. Mr. Udelsman said
they are about 24 feet to the peak of the roof. Mr. Armino said there is too much roof, he
would like to see different colors, and the amount of gables should be reduced.
Mr. Armino said he is most concerned about the length of the cul-de-sac and about traffic
going down Cobb Street and all the way through the existing Village, as well as getting
emergency vehicles to the back of the site. He said he isn't sure the Branch Street
emergency access will work.
Mr. Armino said it would be nice to have a central green instead of filling the central
space with buildings. He said he would like to see the ways this development will be
made sustainable, including the use of indigenous, drought resistant landscaping and
pervious pavement surfaces. He said the landscaping plan is inadequate.
Mr. Annino said he would like to see how the abutters will be screened and a photometric
plan, including the lights on the buildings. He asked to see how the drainage is going to
work with a simple diagram, and if it will affect downstream abutters or the river. He
asked the applicant to show that there will be enough water for sanitary and safety uses.
He asked to see the utility locations on the plans.
Mr. Armino asked the applicant to look at narrower roadways, to show the locations for
visitor parking and the driveway radius.
Mr. Armino said he is concerned about how the Branch Street abutters will be protected.
He asked to see how the sidewalk and pedestrian network will tie into the existing
Village. He asked if an easement would be needed to tie the roadway into the existing
Village; Mr. Valanzola said it is the same owner, so an easement will not be necessary.
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8 3/7/2008
Mr. Annino said he was concerned about the clubhouse having a bar and said he wouldn't
want it open to the public.
Mr. Annino asked for details of the driveway and walkway widths, how the units will be
accessed, sections all the way through the site and how the site will relate to the abutters.
He said he does not want to see the use of site irrigation.
Mr. Annino asked about test holes; Mr. Babcock said Engineering witnessed the testing.
Mr. Armino asked about site amenities like benches and bike racks and for details of the
mailbox enclosures and wayfinding signs.
Mr. DeMassi said he would like to see a picture of this site and the abutting properties
with houses, as well as the existing conditions. He said he would like to see what is
being cut down and where those trees will be replaced.
Mr. DeMassi said he thinks the proposal is much too dense. He asked how the size of the
Village compares to Benchmark's other developments; Mr. Waleryszak said this is
unique because it has assisted and cottage units. Mr. DeMassi asked at what point a
development like this should have its own emergency staff to keep the residents safe and
to mitigate its impacts on the town.
Mr. McClanahan said he is concerned about safety for the residents if the walking paths
are opened up to the public, about the length of the roadway for public safety and about
using the bike path to access the Branch Street entrance.
Motion: To continue the public hearing to May 7, 2008 at 7:30 p.m.
(McClanahan-DeMassi) All in favor. PASSES
Motion: To adjourn at 11:15 p.m. (DeMassi-McClanahan) All in favor. PASSES
Next meeting: Wednesday, March 19,2008 at 7:30 p.m.
Wednesday, March 26, 2008 at 7:30 p.m. (Master Plan)
\DJt~ S~ IQ!}G09
of Clerk Date of pproval
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