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HomeMy WebLinkAboutmin of planning brd 01232008 I' Planning Board Minutes January 23, 2008 "" r- C<, ..., n " '. ". .... 6 Present: H. Thomas French, Chair; Doug Annino, John DeMassi, TonyJodlee; B~tht! '! ,> ,j Ashman-Collins Shaun P. Burke, Director of Plannin and Develo ment 1.....M:eetiIlg..caUedt(rorcterat..'7t~~..~ttt~ Motion: To appoint Mr. DeMassi Clerk (Annino-Jodice) All in favor. PASSES Mr. Jodice volunteered to be the Planning Board's representative to the Capital 1m rovements Committee. 2.Corres . OIld.eJlte 1. November 28, 2007 minutes Motion: To approve as submitted (Annino-Collins) All in favor. PASSES 2. December 4, 2007 letter from Michael Angeulus, Green Tree Acres, LLC re: subdivision name change from Green Tree Acres to Camden Woods Motion: To allow the subdivision name change (Annino-DeMassi) All in favor. PASSES 3. ZBA application for Variance - 88 Elyse Road - Sideyard Setback Mr. Burke suggested a negative recommendation be send to the ZBA because the lot is not particularly oddly-shaped or different from others in the neighborhood, and suggested the addition could be built off the back of the house with no encroachment. Mr. Annino noted the existing house doesn't appear to meet current zoning, with 27 feet between the house and the lot line where 30 is required; he said this is already non-conforming, unless there is already a variance. Mr. Annino said there is no hardship demonstrated; Mr. French said it is a narrow lot. Mr. Jodice noted the houses in this neighborhood are all on similar lots and this could set a precedent. Motion: To send the ZBA a negative recommendation because there is no hardship demonstrated and suggest the addition could be constructed at the back of the house with no encroachment into the setback. The board is also concerned that the existing house does not appear to meet the sideyard setback requirements. (Annino-Jodice) All in favor. PASSES 3. January 23,2008 memorandum from Mike Ahern re: surety amount for Autumn Park Phase II. Mr. Ahern recommends the board require the work be substantially completed within two years; if it is not, the board should reserve the right to revisit the incomplete items and establish a value for same. Motion: To set the bond at $352,380.08 and to require the work be substantially completed within two years; if it is not, the board should reserve the right to revisit the incomplete items and establish a value for same (Annino-DeMassi) All in favor. PASSES 1. December 6, 2007 letter from Dr. Ken Torman 2. January 9, 2008 letter from Louis P. Amoruso reappointing Mr. Annino to the Planning Board 3. November building permit summary 4. ZBA decisions - 38 Davis Street (granted); 63 Lakeview A venue (granted) 5. Meeting notices - Canoe River Aquifer Advisory Committee; Attleboro, Foxboro 6. The Beacon Planning Board 1 1/25/2008 The clerk read a request from the applicant's engineer to continue the public hearing Motion: To continue the public hearing to February 6, 2008 at 8:30 p.m. (DeMassi-Annino) All in favor. PASSES Lou Masiello, WS Development, explained there are a couple of retail and restaurant spots that have not been filled yet. He said they are working on the parking situation in the area of LL Bean, including a shuttle service on the weekends. Mr. DeMassi asked about the restaurant pad at the back and Best Buy. Mr. Fuller said Best Buy and Linens & Things will open in March and April, and the restaurant pad has not been leased. Mr. Masiello presented the board with a plan for tree cutting and trimming along Routes 140 and 495. He said there have been complaints about patrons not being able to find the shopping center, and about the pylon signs being difficult to see. He said the sign on 495 is more visible than the Route 140 sign; the bottom portion of the Route 495 sign is partially obscured by tree growth. The Route 140 sign is at what should have been the driveway in from Route 140, and without the entrance, the sign is almost completely invisible. Mr. Masiello said they intend to apply to Mass Highway to thin the trees; concurrently they will bring that application to the Board of Selectmen and Conservation Commission. He said he would like the Planning Board's recommendation because the signage is closely tied in with the aesthetics of the center and asked the board for a letter of support to the Board of Selectmen to go with the Mass Highway application. Mr. Masiello showed the board photographs of the pylon signs and surrounding trees. He said they do not propose to clear any trees, simply to prune what exists. He said if it is approved, the work would be done in cooperation with a Mass Highway representative because all of the work will be within the right-of-way of Route 140 or 495. Mr. Annino said he was concerned about the definition of trimming and pruning. Mr. Masiello said he agrees those are subjective terms and could be more strongly defined. He also suggested there could be a town representative on site when the work is done. Mr. Timothy Letton, Greenman-Pedersen, said the state will require a certified arborist on site during work, and will also require post-work photographs. Mr. Annino said he would be more comfortable with someone from the town being present. Mr. French asked the length of the proposed Route 140 clearing. Mr. Masiello said it would be about 500 feet on both Routes 140 and 495; the 495 side will be "highNtrimming. " Planning Board 2 1/25/2008 Ms. Collins asked what the customers' complaints are. Mr. Masiello said he believes the concerns are from people get confused at the School/140 intersection because there is no signage. Mr. Letton said they have approached the state numerous times about signage, and Mass Highway's policy is not to allow signage for private entities on its roadways. Mr. French suggested the shopping center roadway could be named "Mansfield Crossing Way" or something similar, so Mass Highway could allow a sign at the 140/School Street intersection, similar to the one that is there directing drivers to School Street. Mr. French said that roadway would not have to be accepted by the town. Mr. DeMassi said he isn't concerned about the Route 495 sign, but is very concerned about the Route 140 sign without the entrance being construced. He asked if the developer has been making any attempts to get the entrance. Mr. Masiello said he has received help from Rep. Jay Barrows to lobby Mass Highway and has had the Mass Highway District 5 engineer at a Board of Selectmen's meeting, with no success. He said he believes Mass Highway will not allow the Route 140 entrance. However, he said there is a condition in the state permit for ongoing monitoring, which they plan to continue and to submit to Mass Highway. He said the monitoring will begin in fall 2008 and be done annually. Mr. Masiello said having more visible signs wouldn't necessarily diminish their desire to have the Route 140 entrance. He said he has spent a lot of time and money trying to get that entrance approved, and said if there is any real way to get that done, they will do it. Mr. DeMassi said no effort has been made by the developer to pressure Mass Highway recently. Mr. Masiello said he will continue to make the effort as personnel changes at Mass Highway, but he can't keep spending money to go to the same person and get the same answer. Mr. Burke asked if the need for tree trimming would go away if there were directional signage on Route 140/School Street. Mr. Masiello said it would not. He said he doesn't think the trimming as proposed will take away from the attractiveness of the site. Mr. Burke asked whether drivers going westbound on School Street will see the pylon sign or the back of the shopping center after the clearing. Mr. Letton said drivers would be more likely to see the pylon sign at the entrance on School Street. He said he doesn't think drivers will see more of the buildings because there is a significant wooded area that will not be cut. Mr. DeMassi said he doesn't want to see the back of buildings when the clearing for the sign is done. Mr. Masiello said there will still be trees in both areas, they will just be thinned. Mr. Masiello said they had looked at moving the Route 140 sign to a place that has much less vegetation, and which wouldn't open up the back of buildings. Mr. DeMassi asked where Mr. Masiello would like to have the pylon sign; Mr. Masiello said he would like to have it at the location just described. Planning Board 3 1/25/2008 - The clerk read a request from the applicant's engineer to continue the public hearing. Motion: To continue the public hearing to February 6, 2008 at 9:00 p.m. (Annino-DeMassi) All in favor. PASSES Motion: To send the Board of Selectmen a positive recommendation as described in the SR Weiner application to Mass Highway for upper level tree pruning and trimming along Route 495 provided there is a town representative present during the work (DeMassi-Annino) Ms. Collins asked about the clearing behind the swale. Mr. Masiello explained that is the area beneath the power lines. All in favor. PASSES Mr. DeMassi asked if there is any need to give notice to abutters for work like this. Mr. Masiello said Mass Highway clears the right-of-way all the time for visibility and doesn't notify abutters. ~ Mr. Jodice said he would be more in favor of moving the sign than of the tree trimming. Mr. Masiello said he would relocate the sign if the board wanted. Mr. DeMassi said that would require reopening the special permit, so he suggested dealing with the trimming issue now. Mr. Masiello said they are only proposing to prune the trees, not cut them down. Mr. Burke asked if the residents on Cobbler Road and Willow Street are going to see any more of the shopping cente after the clearing. Mr. Letton said there is currently a berm and a fence along Cobbler Road. Mr. French said he understands the center needs to be visible, but said he also thinks customers will find the center. He said he is concerned the proposed Route 140 clearing will open up the back of the buildings, which he would not want. He said he would be more comfortable with half of the proposed clearing along Route 140. Mr. DeMassi said he would be comfortable with that solution. Ms. Collins said she would also like to see the small directional signs at the School Street/Route 140 intersection. Mr. Letton said he would provide the Planning Department with a revised plan in the next few days. Mr. DeMassi said he would be comfortable with a positive recommendation provided Mr. Burke reviews and is happy with the plan. Motion: To send the Board of Selectmen a positive recommendation for the tree pruning and trimming along Route 140 based on the amount of trimming shown on the plan dated January 24,2008 (from Station 91 +00 Northerly to approximate Station 94+00), prepared by Greenman-Pedersen, Inc., provided there is a town representative present during the work (Annino-DeMassi) All in favor. PASSES Planning Board 4 1/25/2008 Mr. Masiello said he would be coming back to the board to discuss Starbuck's and a possible drive-through. Mr. DeMassi said he likes the proposed location, at the right of the entrance, but asked how a drive-through could work given the existing traffic issues. Mr. Masiello said they talked to Starbuck's about the former Black Angus pad, but Starbuck's does not want to go there. He said the School Street roadway improvements were analyzed for existing traffic, background traffic and new traffic from this shopping center; he said the morning peak traffic is not going into the shopping center. Mr. DeMassi said the Saturday traffic going past the shopping center on the way to the sports fields will be significant. Mr. Masiello said the building will be much smaller than what was permitted, so there will be additional land for travel lanes. Mr. Annino said the building will have to be very well designed because of its prominent location. Mr. Burke said there are a number of issues, including modifying the special permit to allow the drive-through, what would happen to the drive-through if Starbucks goes away and the Saturday traffic/drive-through issue. Mr. Masiello said he understands that taking a left at the internal intersection (at Qdoba) is difficult because of the traffic entering the site. The clerk read a request from the applicant's engineer to continue the public hearing. Motion: To continue the public hearing to March 5, 2008 at 8:00 p.m. (Annino-Collins) All in favor. PASSES Ms. Collins said if signage is added to the School Street/Route 140 intersection to direct drivers to the mall, there should also be signage added to direct people downtown. Mr. Burke said he suggested to the downtown merchants that they present the Board of Selectmen with a couple of proposals to use the money from the mall mitigation package. Mr. Annino said he would like to see some standards for downtown improvements before that money gets distributed. Mr. Burke said he would hate to see the money sit unused when there could be simple improvements done, like striping parking spaces. Mr. DeMassi asked about the possibility of an arts use at the public parking lot near Mansfield Bank rather than at the Fales Oil site. Mr. Burke said that idea could be considered in the Master Plan. Mr. French invited the members to join him at the Board of Selectmen's meeting tomorrow night. Motion: To adjourn at 9:30 p.m. (Annino-Jodice) All in favor. PASSES Next meeting: Wednesday, February 6,2008 at 7:30 p.m. Wednesday, February 27,2008 at 7:30 p.m. (Master Plan) ,__Jt'-f~ Cd klCt ~.\.{ /{'r cJ,_ t(-L Planning Board 5 ~ tjlU('llLll6\ ~1CC{:: 1/25/2008