HomeMy WebLinkAboutPlanning 12/11/2019Planning Board Minutes RECEIVED
December 11, 2019 TIJ ini nFRAS OFFICE
Present: Michael McClanahan, Acting Chair; Richard LeBlanc, Clerk; Beth Ashman -Collins,
Michael Feck, Joseph Cerretani; Sharon Friedman, Alternate Z010 JAN I b P 3: 4 I
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrptivg ,
Secretary (1 °rt' 1ELD
FY' I111,;FTTS
Motion: To appoint Mr. McClanahan Acting Chair (Feck-Cerretani) All in favor. PASSES
1. Minutes November 13, 2019
p. 8 — "Burke" misspelled
Motion: To accept as amended (Feck-LeBlanc) All in favor. PASSES
2. ReLeaf Alternative Special Permit to be signed
Motion: To sign the Special Permit for reLeaf Alternative, Inc., 321 School Street
(Feck-Friedman) All in favor. PASSES
3. Public Hearing Notices - Attleboro, Easton, North Attleboro, Norton
4. Motion: To reappoint Ms. Friedman to the Open Space and Recreation Committee
(Feck-Ashman-Collins) All in favor. PASSES
451 Gilbert Street — Joan M Zarek Trust
To reconfigure existing Lots 1 (461 Gilbert Street) and 2 (451 Gilbert Street), leaving 27.3 acres
of "remaining land of Zarek" (Map 3, Lot 3). Lots 1 and 2 have sufficient frontage and area.
Motion: To endorse the ANR (Feck-LeBlanc) All in favor. PASSES
Attorney Richard Michaud introduced Attorney Adela Wojtasinski, Bemkopf Goodman;
applicants Evan Sohn and Dr. Stanley Sohn
Attorney Michaud explained the February 2019 Zoning Board of Appeals decision was appealed,
the issues have now been resolved and the appeal will be dismissed. The applicants have gone
back to the ZBA for a modification to the decision, which involves the applicant adding fencing
("Acoustifence") and maintenance issues.
Mr. Sohn explained the plan to build a 60'x60' metal building behind the existing Mansfield
Animal Hospital. There is currently one driveway to get to the kennel, and they plan to add a
second driveway to access the parking lot behind 601 East Street, which Mr. Sohn said would
improve traffic flow. He said they plan to add walkways from the parking areas to the kennel.
Mr. Sohn said they plan to connect the existing animal hospital to sewer, and the new building
will be have a septic system. A five-foot arbor vitae will be planted to help block light from
abutting properties, and holly bushes will be planted at the front of the site.
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Mr. Sohn said the back yard of the animal hospital is already fenced in, and after the new
building is built, the remaining area will be grassed and left as open space. He said the dogs will
be let outside in shifts, but he said the point of the new building is to keep the dogs inside most
of the time.
Board Comment
Ms. Friedman asked where the dogs go when they are outside. Mr. Sohn said the building will
have two garage doors on each of three sides, and the building will be divided into sections so
the dogs can be let outdoors in small groups.
Mr. McClanahan asked the size of the outdoor area; Mr. Sohn said there will be two different
areas for the dogs. He said there is an existing six-foot chain link fence, which they will keep,
and additional fencing will be added around the building. The dogs will be contained within the
fenced -in areas. Mr. McClanahan said he would like to see more detail about where the fencing
is going; Mr. Sohn explained the original site plan includes details about the fencing, lighting
and landscaping.
Ms. Friedman asked about the disposal of dog waste; Mr. Sohn said staff goes out with the dogs
to pick up the waste, which goes into the septic tank.
Mr. McClanahan asked if the lighting would be lowered after business hours. Mr. Sohn said the
main lights at the kennel shut off at 10 pm, but there are some security lights.
Mr. Sohn said a new septic system will be installed for the new building.
Mr. Michaud noted Attorney Kimberly Saillant from town counsel's office was part of the
settlement agreement, and he said all parties are in agreement.
Mr. LeBlanc asked if all the department head comments have been addressed; the answer was
yes.
Ms. Friedman said she appreciates the fact that the applicant has worked to address the fencing
and noise issues.
Public Comment
There was no public comment.
Mr. LeBlanc asked if the fence is all on the Sohn's property. Attorney Michaud said part of the
fence is on the abutters' property, and will be Mr. Sohn's responsibility to maintain.
Motion: To approve the site plan with the standard conditions including: any outstanding
department head comments must be addressed, hours of operation, reference to Settlement
Agreement and revised plan (Feck-Friedman) All in favor. PASSES
1. Any and all remaining department head comments (attached) must be completely
addressed prior to the issuance of a building permit[s];
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2. Plan Sheets 1-6 titled "Site Design by Hutchins -Trowbridge Associates" dated January 8,
2018, prepared by Hutchins -Trowbridge Associates, Inc.; the "Storm Study for Kozy Kennels
East St. Mansfield" dated April 2018, prepared by Hutchins -Trowbridge Associates, Inc.; the
Two sheet set: (1) "Landscaping Plan 601, 619&621 East Street," dated January 8, 2017 and
revised by hand [undated] to show the following: Approximate Location of the Existing
Wooden Fence (outlined in black); Approximate Location of the Chain Link Fence (outlined
in red); AcoustiFence (outlined in yellow); and (2) Enlarged Detail of January 8, 2017 plan,
revised by hand to show the locations of the six-foot chain link fence and eight -foot wood
fence [submitted to Planning Department December 11, 2019]; and the November 19, 2019
letter from Attorney Kimberly M. Saillant, Brooks & DeRensis re: Settlement Agreement and
General Releases are incorporated are incorporated into this site plan decision by reference;
Hours of operation for demolition, construction deliveries, site work and construction shall be
limited to 7:00 a.m. to 4:00 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on
Saturday. No work shall be done on Sunday. These restricted hours of operation shall not
apply to interior work. All loaded vehicles shall be suitably covered to prevent dust and
contents leaving the vehicle and to protect abutters and other residents, and the public way
from material spilled from the load. All public rights -of -way shall be maintained free of all
mud, stones or any other conditions that may result in a public safety hazard for vehicles or
pedestrians. Sweeping or cleaning must be completed daily or more frequently as deemed
necessary during the operation, as directed by the Mansfield Police Chief. The applicant may
be required to have a police officer present during any hauling on or off site. The applicant
shall consult with the Mansfield Police Chief as to whether or not this may be necessary and
to discuss the best hauling routes. Erosion control measures should be installed around catch
basins within the public right-of-way.
(Feck-Friedman) All in favor. PASSES
[Mr. Burke returned to the meeting from the Select Board discussion of downtown parking and
traffic issues.]
5. 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.
Mr. Burke explained Needham's proposal is that if a town does not meet its affordable
housing goal of 10%, zoning changes for multi -family and 40R developments would be
allowed by a simple majority rather than a super majority. He noted this would change impact
Town Meeting votes and Planning Board special permits. He said he thinks the
legislation would be punitive because it sets up a second set of rules and would be
cumbersome for Town Meeting. He recommended not supporting the legislation.
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Ms. Friedman said she would prefer the standard remain a 2/3 vote because it allows for more
deliberation, which is important and necessary. She said she is an affordable housing advocate,
but said the town is doing a decent job keeping up with the affordable housing requirement. Mr.
Burke said he thinks a zoning change at Town Meeting should follow a plan and have a strategy;
he said and property owners should not have to worry about the zoning being changed based on
attendance at the next Town Meeting.
Motion: To send the Select Board a letter recommending it not support the Town of Needham's
proposal regarding House Bill 3507 (Ashman-Collins-Cerretani) All in favor. PASSES
The clerk read the public hearing notice.
Craig Cygawnoski, RIM Engineering, introduced owner Carole Yunes and realtor Trish
Bergavine.
Mr. Cygawnoski explained the applicant proposes to convert the existing home to a legal three-
family. He said the allowed FAR in the zone is 0.5, and this property is at 0.475. He said a three-
family requires six parking spaces. The property abuts a paper road, unconstructed Chilson
Avenue, and the owners have been using part of that for parking; however, Mr. Cygawnoski said
they could fit six spaces on their property.
Mr. Cygawnoski said no increase in pavement is planned, so no new drainage will be necessary.
Mr. McClanahan asked the width of the driveway; Mr. Cygawnoski said it is 14'-18' wide. Mr.
Feck asked if the board can grant relief for less than the required parking on the property; Mr.
Burke said relief could only be granted by the Zoning Board of Appeals. Mr. Cygawnoski said
they do not plan to actually construct the parking space on Chilson Avenue. Mr. Burke said they
have to show conformance on their own property, but they do not have to stripe the parking. Ms.
Friedman said she would be concerned about parking on the grass; Ms. Ashman -Collins said the
Zoning By -Law does not allow grass parking. Mr. Feck asked if there is a way to approve this
without the relief. Mr. Burke said the work could be done in two phases; phase one would not
include the paving of the parking space on Chilson Avenue, phase two would require the space to
be paved in the event of Chilson Avenue being constructed.
Ms. Ashman -Collins said she supports making this building conforming. Ms. Bergavine said it
has been a three-family for many years, and there has been a lot of interest in purchasing it as a
three-family. She said the value in terms of the assessment and for a mortgage is for the property
to be a legal three-family. Mr. Feck said making it a legal three-family would also increase the
value for the town.
Department Head Comments
The clerk read a memo from Mr. Alves
Public Comment
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Lisa Grey, landowner on Thompson Street, asked how this might affect her property. Mr.
McClanahan explained Chilson Avenue is an unconstructed paper street that is unlikely to ever be
developed. Ms. Grey said they have been paying taxes on landlocked property on Thompson
Avenue for years; Mr. McClanahan said a roadway would have to be constructed to access that
property, and said that land is very wet. Mr. Burke said on a paper street, the abutters to the way
typically own to the centerline of the way. He said some research would be required to determine
who owns the way; if the town owns it, the abutters would not be able to not take it. However, if
the town does not own it, the abutters on each side may own it to the centerline. Mr. McClanahan
said he thinks this maybe one of the paper streets Town Meeting abandoned 8-10 years ago. Mr.
Cygawnoski said he checked with the Town Clerk, who found the most recent record was from
1953 and indicated Chilson Avenue is a private way.
Ms. Ashman -Collins noted this application is not proposing any new construction.
Board Comment
Ms. Friedman suggested simply revising the plan to show an additional parking space off the
grassed area so the plan conforms.
Consensus was that the plan should show the six parking spaces on the subject property. Mr.
Cygawnoski said he would do that and submit a revised plan. [Revised plan submitted to the
Planning Department December 12, 2019]
Motion: To ask Mr. Burke to draft a special permit with the condition that a revised plan is
submitted showing the six parking spaces on the property.
(Ashman-Collins-Cerretani) All in favor. PASSES
Motion: To continue the public hearing to January 15, 2020 at 7:10 p.m.
(Feck-Friedman) All in favor. PASSES
The clerk read a request to continue the public hearing to January 15, 202
Motion: To continue the public hearing to January 15, 2020 at 7:15 p.m.
(LeBlanc-Cerretani) All in favor. PASSES
Adrian — should look at the intersection of Highland Avenue/Route 106. Mr. Burke said there is
a 25% design being prepared on that intersection.
Mr. Burke said he met with representatives from Luciano's today; they closed on the Tahana
building today. They told him they plan to renovate the existing building, which will require a
site plan. He noted the property with the contractor's equipment belongs to another landowner.
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Mr. Cerretani asked about the paving work being done on Route 140 and said he is concerned it
will be a mess all winter; Mr. Burke said MassHighway is doing that work.
Mr. LeBlanc said the train station work is still not finished.
Ms. Ashman -Collins said the downtown holiday decorations have been put up and look great;
electric outlets have been added to the light poles.
Ms. Friedman suggested it might be time to look at the Community Preservation Act again; Mr.
Burke said he would send the board some information about it. Ms. Friedman said many
surrounding towns have adopted the CPA in recent years and said Mansfield may be missing an
opportunity. Ms. Ashman -Collins said it may link to the Master Plan strategies.
Mr. LeBlanc said there was something in the latest Master Plan strategy sent by the consultant
that mentioned adding sidewalks on highways. He said that must be an error. Mr. Burke said he
would check it.
Motion: To adjourn at 8:30 p.m. (Cerretani- ) All in favor. PASSES
Next Master Plan Meeting: January 8, 2020 at 7:00 p.m.
Next Planning Board Meeting: January 15, 2020 at 7:00 p.m.
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ignature f Clerk Date of Approval
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