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HomeMy WebLinkAboutmin of planning brd 08082008 Planning Board Minutes,.. August 6, 2008 ; .' Present: H. Thomas French, Chair; Beth Ashman-Collins, CI1lfJ9; ~$ f\nli1n<8:1iJihael McClanahan, Stan Feck, Tony Jodice, Donald Cleary ... L.'-. Olivier Kozlowski and Shawn MacDonald, Alternates [,.~. r'S Fe L 0 Shaun P. Burke, Director of Planning and Development ~, (' nn !~:ETTS '~'-""f-I' IE-O r, t.. t1 C.. '1 ,.'. - nu r- oc-F ICE ~,....L f\i ,:;t . f t 1....l.....,.1\teetiagcaHedtcJo..~erJ't7:30.p~... I 2.Correspolldenee I. July 9, 2008 minutes Motion: To approve as submitted (McClanahan-Cleary) Five in favor. Collins, Jodice abstained. PASSES 2. July 23, 2008 minutes Motion: To approve as amended (McClanahan-Collins) Six in favor. Feck abstained. PASSES 3. ZBA application for Variance - 101 Otis Street - frontage/lot width to create two lots. Mr. Burke explained there is frontage in two locations. He said the existing home was constructed through the grant of a variance. He said traditionally, the ZBA has said no further subdivision of the land upon which a variance is granted. He said he didn't think additional relief should not be granted to further subdivide this land and suggested a negative recommendation. Mr. Burke said he has met with the landowners many times and recommended they acquire the property in the front to gain adequate frontage. Mr. Annino said he is adamantly opposed to houses behind houses. Mr. Jodice asked if a residential compound could be done on this land; Mr. Burke said there would still be a frontage issue. Motion: To send the ZBA a negative recommendation because the existing lot was created through the grant of a variance, so the board does not feel it would be appropriate to create an additional lot through a second variance. By creating a lot with less than the required frontage originally, the applicant has created their own hardship, and to provide further relief from lot frontage requirements exacerbates this self-created hardship. Suggest the original variance be consulted to determine whether it included a prohibition against further subdivision of this land as a condition of the grant of the original variance. The shape of the proposed second lot would result in a house being constructed behind the existing house, to which the Planning Board is strongly opposed. (McClanahan-Annino) Six in favor. Feck abstained. PASSES 4. ZBA application for Variance - 198 Mill Street - sideyard setback to expand one-car garage to two-car garage. The application is for a 12-foot addition, resulting in a 15- foot setback where 25 is required. Mr. Burke said there is no hardship to the shape or topography of the land, so the application does not meet the tests for the grant of a variance and suggested a negative recommendation be sent to the ZBA. He said the garage could be built off the back of the house with no encroachment. Motion: To send the ZBA a negative recommendation because the application does not meet the three statutory tests for the grant of a variance. Suggest there may be other means of providing a second garage parking space without encroaching into Planning Board 1 9/11/2008 ". the setback. (Annino-McClanahan) All in favor. PASSES 5. July 31, 2008 memo from Mr. Burke re: draft memo to the Board of Selectmen with energy efficiency proposals. Ms. Collins suggested adding that Mansfield residents are not currently eligible for rebates on alternative energy like solar and wind like residents of other towns because MMED is a municipal utility, and encouraging the Light Commissioners to look into that. 6. Form I covenant Stanley Village / Stanley Village mylars Motion: To accept the covenant and to sign the mylar (McClanahan-Jodice) All in favor. PASSES 13. ..Fotlbt\(ANR1Jllans Attorney Ed Valanzola, representing Benchmark, explained that at the last meeting, the board directed Mr. Burke to prepare a draft decision, with one remaining issue regarding the inclusionary housing by-law. Mr. Valanzola said town counsel's opinion is that the by-law applies to this development; Mr. Valanzola said he disagrees because these are units in a continuing care retirement facility, which is a different type of living unit than a single-family home, a condominium or a rental. He said until February 2008, the state did not count this type of living unit in DHCD's housing inventory. He said residents do not lease or own the units in this type of development, which causes confusion in determining an appropriate affordable figure. Mr. Valanzola said he thinks the board agrees this is a good use for the land that will not result in the type of service demand a single-family subdivision would. He said because this development is being connected to the existing Willow Crossing, Branch Street will only be used for emergency access, rather than as the primary access, which would be the case in a development that was not connected to Willow Crossing. Mr. Valanzola said while they don't believe the by-law applies to their proposal, they would like to resolve the issue with the town. He said the gap between a market-rate unit and an affordable unit is about $229,000 and his client would be willing to make that cash contribution to the Affordable Housing Trust Fund. He said they would also file for a variance for relief from the inclusionary housing by-law and would ask for the board's support. Mr. Valanzola said he thinks the by-law is a taking and may be unconstitutional because it tells developers they have to give away every seventh unit. He said that may make sense for single-family or condos, but not for this type of development. Mr. Annino asked about the financial contribution. Mr. Valanzola said they are offering $229,000, plus the previously discussed $70,000 for the ambulance fund. Mr. Burke said a strict application of the by-law would require eight affordable units, and the buyout for those units would be $1.8 million, which would probably be a deal killer. Planning Board 2 9/11/2008 ". Mr. McClanahan said he thinks this is a better use for this land for the town than a single- family subdivision. Mr. Jodice said he agrees, but is concerned about setting precedent. Mr. Feck noted that if the state law didn't count this type of unit until February 2008, this application would be grandfathered. Mr. Annino disagreed and said this is a new application. Mr. Burke said he thinks the special permit rights were locked in forever when the developer took substantial use of the original permit. Ms. Collins said the board has to make its decision based on the town's by-law, not the state's. Mr. Valanzola noted they are only building 28 more units than originally could have been built under the original special permit, because all the units in that permit were not constructed. Ms. Collins asked for an explanation of the variance. Mr. Valanzola said he doesn't think the by-law applies because this isn't a fee ownership or lease issue, and it is the town's position that it does apply. He said he thinks a variance would clarify the issue. Ms. Collins asked if these units will be counted in the town's housing inventory. Mr. Burke said they would be, but would not be counted toward affordable housing units; he said this would result in an approximately .01 % drop in the town's affordable housing inventory . Mr. Burke said he has spoken with a number of people at DHCD, none of whom could answer the question sufficiently. He said there is a problem with the by-law because it references single-family home prices, rather than dwelling unit prices, making it unfair to anyone developing anything other than a single-family home. He said the by-law should be amended to reference a "dwelling unit" so similar types of housing can be compared. Mr. Burke said if this by-law applies, there would have to be eight affordable units, and said he understands the developer has offered $229,000, the difference between one market rate and one affordable unit, and the variance would be for relief from on the other seven units. Mr. Burke said he thinks the board has the right to interpret its own regulations, as long as it is not arbitrary and capricious. He said this is a unique situation because other 55 and over developments have been ownership situations. Mr. Annino asked what would happen if the ZBA denies the variance. Mr. Valanzola said they could ask for the Planning Board to makes its decision anyway, or they could go to Land Court to get the question clarified. Mr. Valanolza said the ZBA application would say that he doesn't think the by-law applies, or that if it does, it doesn't apply to this type of development. Mr. French asked if the existing 166 units are counted by the state; Mr. Burke said he doesn't think they were before February 2008. He said he thinks any new units will be counted. Mr. Burke said there is a difference between the number of housing units in a town as defined by HUD and the subsidized housing inventory as defined by DHCD. Planning Board 3 9/11/2008 ". Mr. Annino said he thinks the by-law indicates this type of development should be counted. Mr. Valanzola said the by-law talks about two types of units; ownership or rental, and this isn't either. Mr. French said he understands the developer is offering the value of one affordable unit and will request relief from the other affordable units, will ask for the board's support on the variance application, and will ask for that to be added to the Planning Board's special permit. Mr. Valanzola said that is correct. Mr. MacDonald said if the existing 166 units are counted now by the state, that would lower the town's affordable housing percentage. Mr. Burke said that could happen. Mr. Burke said he is pleased the applicant plans to go the ZBA for a public hearing on this issue; he said he thinks this will help clarify the issue for this development. Mr. Burke said the cost-avoidance of an age-restricted development will be significant in terms of schools, road maintenance and plowing, trash collection and other issues that would cost the town money in a single-family subdivision. Mr. Annino said he is concerned about precedent and about being fair to developers who have been required to follow the by-law in the past. Mr. McClanahan agreed, and said he was also concerned about the best use of this land and the negative impacts of other possible uses. Mr. Valanzola said any precedent would only be set for this same type of continuous care retirement facility, not any other type of development. Mr. Annino said it is impossible to anticipate what kind of development may come up. Mr. Burke said this is unique because there is an existing facility that is adding new units on abutting land. He noted the board still has the ability to change the flaws in this by-law, which he encouraged. He said if this were a 55-lot single-family subdivision, he would not be encouraging the board to go consider this proposal. He said he doesn't think past developers could come back if this permit were granted because they had the right of appeal at the time of their special permit. Mr. Valanzola said it wouldn't apply to anything other than this type of continuing care retirement community. Mr. Feck asked if the state has any way to regulate what the affordable units in this type of development would be sold for, and what the monthly and service fees would be for an affordable unit. Mr. Burke said the hybrid nature of this development was the problem DHCD had answering his questions, because this isn't an ownership or rental situation. Mr. Jodice said he is also concerned about precedent, but said he is comfortable with the $229,000 contribution. He asked what the taxes are based on; Mr. W said that is based on the assessed value of the unit. Mr. Jodice asked how the bike path can be protected from other development crossings. Mr. Feck said this whole parcel would come under the special permit, so changes will Planning Board 4 9/11/2008 I. require an amendment to the special permit. Mr. Valanzola said the special permit would be on the 30 acres of this development, which would run with the land and with any successors. Mr. Kozlowski asked how the residents pay the upfront cost for their units; Mr. Valanzola said most of them have sold a home. Mr. Cleary said he has been contacted by a neighbor about the fence behind the Lodge. Mr. Moustache said he would look at that. Mr. French said the board isn't ready to vote on the special permit. Mr. Valanzola said he is hoping to get on the September 2 ZBA meeting. Mr. French noted the Planning Board isn't scheduled to meet again until September 10, and asked if the members wanted to consider voting a recommendation tonight. Mr. Burke suggested any correspondence to the ZBA should be based very clearly on tonight's discussion alone, because the board hasn't seen a variance application. Mr. Burke noted any contribution would go to the Affordable Housing Trust Fund. Motion: To support the applicant's variance application from Section 6.0 Inclusionary Housing Requirement. The board recognizes the applicant has stated the by-law doesn't provide a good fit for this project because of its uniqueness. Specifically, the calculation provided by the by-law doesn't apply and the applicant has used a different calculation, resulting in a $229,000 contribution to the Affordable Housing Trust Fund. (Annino-Collins) All in favor. PASSES Motion: To continue the public hearing to September 24, 2008 at 8:00 p.m. (McClanahan-Annino) All in favor. PASSES [Mr. Feck left the meeting at this time] Greydon Sargent, AMB Properties, explained the proposal for 350,000 square foot distribution for Medline industries, which currently in a 200,000 square foot building in the industrial park. Mr. Sargent introduced engineer Mark Beaudry, Meridian; traffic engineer Tim Letton, GPI; architect Dennis McCarthy; and builder Kevin Quinn. The clerk read a memo from Light Department. Mr. Beaudry said he has spoken with the Light Department and thinks they are comfortable with the revisions, including underground utilities off of Pole 73. He said there is a remaining issue about going overhead over West Street. The transformer has been moved and secured per MMED. The clerk read comments from the Engineering Department. Mr. Burke said staff has been working with the applicant for several months and there have been several revisions to the plans. He asked Mr. Beaudry to briefly go through the plans. Planning Board 5 9/11/2008 - Mr. Beaudry explained this site plan was approved in 2004 for Medline. No work was done because of development costs. A study was done in 2006 to determine seasonal high groundwater, which was approved by the Engineering Department. The new plan avoids having to bring in 45,000 cubic yards offill. Mr. Beaudry said the plan conforms with zoning requirements, including open space. They added 50,000 square feet of building, but only increased the impervious surface by 10,000 square feet. The number of parking spaces has been increased to 80 to allow for as many as 75 employees (there are 40 now). The spaces had been shown as 9'xI8', which is too small and would require zoning relief. Mr. Beaudry presented a new plan showing compact spaces, which are 9'xl7'. He said up to 30% compact spaces are allowed; they have 25%. The rest of the spaces have been increased to 9'xI8.5'. He said that change will be incorporated into the next set of plans. The site will be accessed off Forbes Boulevard, with an easement over 305 Forbes, which is also owned by AMB. All the truck traffic would come in this entrance; there is also a passenger vehicle-only access on West Street, which was approved on the 2004 plan. One tree will have to be removed to the west of the West Street entrance for sight distance. The traffic study has determined there is adequate sight distance. Mr. Beaudry said the layout is basically the same as the 2004 plan with a slightly larger building and more parking. However, he said the building is 2'3" shorter. Mr. Beaudry said they have worked with Mr. Alves on the stormwater and he is now comfortable with the design. It will use a combination of bioretention basins, which will take part of the roof drainage for recharge. The parking lot will sheet flow into swales at the sides of the site before going into detention basins. Mr. Beaudry presented a turning exhibit to show how the truck traffic will work. The site will have a one-way circulation pattern for trucks, using Forbes Boulevard. The West Street access will also allow fire trucks. There will be 30 loading docks on each side, which is fewer than originally approved. Wastewater will be collected to a pump station to a manhole, with gravity flow to an existing manhole in West Street. The water will be connected off West Street with a 10" main to the existing 14" line. There will be a 10" water loop around the building. The pavement has been pulled five feet further away from wetland than the original plan. Mr. Beaudry said the changes in the buffer zone were not enough to require a new filing, so they will be done as a field change under the existing Order of Conditions. There will be a retaining wall at the back of the site to keep material from the driveway from going into the swale. Planning Board 6 9/11/2008 ". Mr. Beaudry presented an August 6, 2008 letter responding to the remaining Engineering and Electric comments. He explained the site is currently two parcels, so they will do a Form A. Mr. Alves has asked for concrete encasements and their locations on the plan; Mr. Beaudry said he would do that. Mr. MacDonald asked about construction access. Mr. Beaudry said it would be from Forbes, not West. Mr. MacDonald asked if the ballfield would go away; Mr. Beaudry said it would. Mr. Jodice asked the existing grade. Mr. Beaudry said 176-178. The site will be raised as much as eight feet in some area, so there will still be a lot of fill brought in. Mr. Cleary asked about the number of truck trips expected. Mr. Beaudry said there will be 10-12 trailer trucks and 10-12 UPS type trucks, so about 25 trips in and out a day. Mr. Sargent said Medline packages sterile operating room packages, and they take in a lot of material but it takes a long time to package, so there is slow trucking turnover. Mr. Beaudry said there will be about 75 employees, and a typical distribution center of this size would have twice that many. Mr. Letton said the traffic study is very conservative and assumes half of all employees and half of all trucks are coming and leaving at the same time. Mr. Beaudry said they run a split shift, from about 6 am to about 9 pm. Mr. Beaudry showed the board a plan of what the site will look like from West Street. The plan shows a section of the building at the loading dock area, with the trucks lower in grade than West Street. There will also be a vegetated buffer along the slope. Vegetation to the east of the driveway will be cut back to improve sight distance in that direction. Mr. Annino asked what the building will look like. Mr. McCarthy explained it will be an architectural pre-cast concrete system with horizontal banding. The elevations will include large windows to allow natural light into the warehouse and office areas. The building is 875 feet long. The additional 50,000 feet was added to the back of the building, near Route 495. The sides of the building will have 13' wide panels with window elements about 30 feet on center and dock doors at the base. Mr. Burke said the Rolf C. Hagen building is about 500,000 square feet. Mr. Annino asked about landscaping and noted there is a list of species, but nothing is identified on the plan. Mr. Beaudry said the plant schedule is a palate of plant material. Mr. Annino said he would like to see what is being planted where. Mr. Beaudry said they could do that on the next set. Mr. Annino asked about the bioretention basins. Mr. Beaudry said they are level broad areas planted with various grass species and shrub material to achieve some stormwater retention and recharge at the source. They are intended to fill up in smaller storms and spill over to an adjacent facility. He said this type of basin provides a high level of water quality mitigation, recharges roof runoff and complies with the Smart Growth Toolkit. Planning Board 7 9/11/2008 1. Mr. Annino asked ifthe retention basin would spill over the road. Mr. Beaudry said the only time there would be outflow would be during the 100-year event. He said the site has good soils. Mr. Burke said he doesn't have a problem with that because it would impact the truck area, not the employee parking area. Mr. Beaudry said the basin is designed to handle the 100-year storm. The flood elevation is five inches below the spillway. All the structures have emergency spillways for the I DO-year plus storm, but will retain up to the 100-year storm. Mr. Annino asked about a photometric plan. Mr. Beaudry said the lights are 35-foot high, low cutoff, shoebox fixtures with 250-watt bulbs in the parking area, and watt bulbs in the truck area. There is some small spillover off site, but they were requested to light the intersection by public safety. There are wallpacks on the building. Mr. Annino asked if there is enough water pressure in the street. Mr. Quinn said the information they used indicated there would be enough for a sprinkler system and fire pump system. There will be a sound-attenuated, self-contained diesel emergency generator near the transformer. There will be small, indirect fired heating units on the roof. There will be internal roof drainage, with no parapet. The rooftop units will be 60- 80 feet from roof edge. Mr. Annino asked about trash facilities; Mr. Beaudry said there would be closed compactor dumpsters outside at each dock location. Mr. Annino asked about signage. Mr. Quinn said a small site sign and building signage will conform with the regulations. Mr. Annino asked if there is any curbing; Mr. Beaudry said low impact development techniques rely on sheet flow, so there are some areas with curbing, but most are not. Mr. Annino asked what the retaining walls would be. Mr. Beaudry said they would be Versalock construction walls with guardrails. Mr. Burke said he has met with the developers a number oftimes, he is pleased with the design and the drainage. He said this intersection is very heavily wooded, so the building will not be as visible as the elevations appear. He said if the free-standing sign is constructed, it should be a monument sign similar to what is in the rest of the park. Mr. French asked ifthe dumpster on the West Street side could be screened. Mr. Sargent said it could be. Mr. Burke suggested a positive recommendation to the building inspector. Motion: To send the building inspector a positive recommendation with the following conditions: 1. All department head comments (attached) must be fully and satisfactorily addressed. 2. All parking spaces, including full- and compact-size spaces, along with dimensions of each, shall be shown on the final plan. Planning Board 8 9/11/2008 '. 3. A landscaping plan calling out specific species and materials, as well as planting locations, shall be submitted with the final plan. The board suggests the use of Austrian Pine rather than White Pine. 4. The site shall have a one-way circulation pattern for all truck traffic. All trucks shall enter and leave the site using Forbes Boulevard. The West Street entrance shall be for passenger vehicles and emergency access only. 5. The applicant shall prepare and submit an ANR Plan to consolidate the two lots into one prior to the issuance of any building permit. 6. The construction access shall be through Forbes Boulevard only. Construction vehicles shall not use the West Street entrance. 7. All trash dumpsters and/or compactors shall be enclosed. The dumpster on the West Street side of the site shall also be screened. 8. All singage shall conform with the requirements of the Zoning By-Law. 9. All external generators shall be self-contained and use sound attenuation. 10. The applicant shall submit a full set of plans to the Planning Department upon completion. (McClanahan-Annino) All in favor. PASSES Mr. Burke presented a letter from Butch Fuller, SR Weiner, regarding the relocation of the pylon sign at the former Route 140 entrance at Mansfield Crossing. Mr. Burke explained Mass Highway did not allow the Route 140 entrance, but the pylon sign had been installed. Weiner asked Mass Highway to cut and thin trees along Route 140 to expose the sign; that request was refused, so Weiner would like to move the sign to where there is a natural break in the trees. The size and height of the sign will not change. They plan to go back to ZBA to move the sign and would like the Planning Board's support. Mr. Burke said the special permit would have to be modified. Motion: To send the ZBA a letter supporting the relocation of the pylon sign and a letter to Mr. Fuller that the special permit will have to be modified. (Annino-McClanahan) Six in favor. Jodice opposed. PASSES Mr. McClanahan asked about the lot on the corner of Jake's Way and Branch Street. Mr. Kozlowski said he was on the ZBA when that was approved and he thinks that lot was part of the subdivision. Mr. McClanahan said the lot is full of construction debris. Mr. Burke said he would look into it and speak to the building inspector. Motion: To adjourn at 10:45 p.m. (McClanahan-Collins) All in favor. PASSES Next meeting: Wednesday, September 10,2008 at 7:30 p.m. -S~'l)I. I('!, '2 tee; Date of Approval Planning Board 9 9/11/2008 "