HomeMy WebLinkAboutPlanning 10/28/2020Planning Board Minutes C E I J F p
October 28, 2020 '
MEETING HELD VIRTUALLY USING GOTOWEBINAR PLATFb1�1VIC r FI CE
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Present: Beth Ashman -Collins, Chair; Joseph Cerretani, Clerk; Richard LeBlanc, Michael
McClanahan, Ralph Penney, Michael Feck, Sharon Friedman; Adrian LeCesne azi Dihiialren,
Alternates
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative
Secretary
The chair read the following statement:
Whereas both the Federal Centers for Disease Control and Prevention and the Massachusetts
Department of Public Health have advised residents to take extra measures to put distance between
themselves and other people to further reduce the risk of being exposed to COVID-19, Governor
Baker has issued an order suspending certain provisions of the Open Meeting Law, Massachusetts
General Law c. 30A, §20.
In order to satisfy the Open Meeting Law requirements, today's Town of Mansfield Planning Board
meeting will available for to public via GoToWebinar and Mansfield Cable. The instructions for
joining via GoToWebinar are in the Meeting Notice on the Town's Website at www.mansjieldma.com
and then clicking on today's date on the calendar.
July 8, 2020 minutes
Motion: To approve the July 8, 2020 minutes as submitted (Feck-Cerretani)
Feck — In favor
Friedman —In favor
Cerretani — In favor
Ashman -Collins — hi favor
McClanahan — Abstained `
Penney — Abstained
LeCesne —Abstained
Four (4) in favor
2. October 14, 2050 minutes
Motion: To approve the October
Bren — In favor
LeCesne — In favor
Feck — In favor
LeBlanc — In favor
Ashman -Collins — In favor
McClanahan - Abstained
Cerretani — Abstained
None (0) opposed. Three (3) abstained. PASSES
14, 2020 minutes as submitted (Feck-Bren)
Five (5) in favor. None (0) opposed. Two (2) abstained. PASSES
[Ms. Friedman arrived at 7:10 p.m.]
Planning Board 1 10/28/2020
None
Attorney James Gallagher introduced Applicant Steve Chomey; Architect Christopher Drinan;
Doug Rhodes; Odor Mitigation Consultant Kyle Baker; and Security Consultant Mitchel Susan
The board reviewed the draft special permit decision.
Mr. Cerretani asked the applicant to briefly explain the odor mitigation system to the board. Mr.
Chomey explained the first line of defense is closed cell spray foam, which is impenetrable for
gasses, so it will be impossible for odors to make it out of the building. The second line will be
B1ueZone technology, which uses ionized tablets to break down molecules and make them inert;
then chlorine dioxide to filter particulates, followed by heating and a high plume fan to get any
remaining particulates into the jetstream.
Mr. Feck asked about a condition to address repeated violations or issues that aren't being fixed
or cannot be fixed triggering reopening of special permit. Mr. Burke said there could be a
condition to require the applicant to come back to the Planning Board if the issue cannot be
resolved with the Building Inspector.
Ms. Ashman -Collins said she is comfortable with the building inspector handling issues, but
asked what would happen if the issue could not be-fesolved in 48 hours. Mr. McClanahan said
enforcement of the special permit is through the Building Inspector.
Ms. Friedman said the Planning Board's jurisdiction is to make sure everything complies with
zoning and to issue a special permit within the parameters; she said larger issues rest with the
Building Inspector and failing that, litigation, which she said no one wants to go through.
Ms. Friedman said the applicant's submission materials included details about two types of high
plume exhaust fans, one of which was more high -end than the other. She said she would like to
be assured they will use the higher -end model and not the more mediocre one. Mr. Chorney
assured the board they plan to use the best equipment, and when they chose the high -plume fan,
they will choose th"est one made. Ms. Friedman asked if that would be the "MV" model. Mr.
Chomey said that would be the type they use, but it may not be that brand. He said it would be
the same piece of equipment from a different manufacturer, and said there may be an even better
fan available. Mr. LeCesne said the exact piece of equipment may not be within the board's
purview. Ms. Friedman said she doesn't want to have to revisit the odor issue and she thought
the specs the applicant submitted were for the actual equipment they plan to use. She said she
wants to make sure what they do what they say they are going to do.
Mr. LeCesne suggested amending Condition 14 to say "Any and all odor complaints made to
Permittee shall be documented and reported to the Mansfield Building Inspector or other
designated liaison within 48 hours of receipt."
Planning Board 2 10/28/2020
Mr. Feck said if the Building Inspector investigates and verifies there is a problem, it should be
addressed or there should be a plan to address it. He said the odor issue could cause detrimental
effects to residents and their properties.
Mr. LeCesne said the board has to think about what kind of response within 48 hours would be
sufficient. Ms. Friedman said the Building Inspector should contact the company, determine
what the issue is, figure out how long it will take to resolve so everyone knows it is being
addressed. Mr. LeCesne said he thinks that is reasonable.
Mr. Chomey said he thinks 48 hours is a good timeframe to start working on a solution; he said
if there is a problem, he will know why and be able to provide an answer. He said he is confident
he will be able to talk with the Building Inspector and have a plan in place within 48 hours.
Ms. Ashman -Collins said she understands odor is the chief concern for the community.
Ms. Friedman asked about getting feedback to the person who complained; Mr. Burke said he
and the Building Inspector work together to communicate with complainants.
Mr. Penney suggested Condition 14 be amended to say "The facility operator shall respond to the
building inspector within 48 hours of receiving notice of a complaint with proposed corrective
action." The board agreed.
Mr. Penney said this small area is exactly where Town Meeting voted to allow this use.
Mr. Penney asked about the fagade of the building; Mr. Burke said Condition 7 was intended to
help break up the long fagade, but noted he would not want any more intrusions into the wall
than necessary because that could allow odor to escape. Mr. Penney said anything the applicant
can do to try to make the building fit better into the neighborhood would be appreciated. Mr.
Chomey said they have discussed a mural on the front of the building and said he would rather
not put holes in the building. Mr. Penney said he thinks a mural would be fine. Ms. Ashman -
Collins said she understands the applicant wants to keep the building inconspicuous; Mr.
Cerretani said there will be g,six-foot fence in front of the building, so it will not be very visible
from the street. Mr. Chorney said they could add landscaping in front of the building, like cherry
trees that will flower and bring in some color.
Mr. Penney asked about the traffic signal at School Street/Plymouth Street. He asked if the board
could add a condition similar to one in the Reservoir Street/South Main Street hotel/medical
building special permit, which says the certificate of occupancy will not be issued until the
intersection is upgraded to a full traffic signal. Mr. Burke said the board could do that, but said
he worded Condition 25 to make it more of a partnership between the Road Commissioners and
the applicant. He said the Reservoir Street/South Main Street applicant came in with plans
showing lane widening and intersection signalization; it was their proposal, which the town
supported. Mr. Penney said it would benefit the applicant to have a signal at School
Street/Plymouth Street. He noted the School Street street cut moratorium will expire in the spring
of 2021.
Planning Board 3 10/28/2020
Attorney Gallagher said they plan to discuss signalization with the Town Manager in the future,
but said it would be an immense financial commitment to require it before the building's
certificate of occupancy. Mr. Penney said the recommendation for signalization came from the
applicant's consultants. Attorney Gallagher said they will continue to discuss the issue with the
town, but asked the board not to make the building unusable until the town decides to act on
signalization.
Ms. Bren said the facility will have 7-30 employees, and while she understands there is a traffic
issue there now and agreed the applicant should partner with the town, she said the increased
traffic will not be like the hotel/medical office on Reservoir Street and she did not think making
the certificate of occupancy contingent on the signalization would be a good idea. Mr. Penney
said the traffic will not be only employees, there will be delivery and waste removal trucks. Mr.
Feck agreed, but said this applicant has not caused the existing traffic problem and it wouldn't be
fair to hold up this project because the town has not done the project yet. Mr. Chorney said the
host community agreement includes payment for negative impacts from this use, so his attorney
can work with the town on how to use those funds.
Ms. Ashman -Collins asked about amending Condition 7 to include additional trees. Mr. Drinan
said they did investigate adding landscaped islands, but they would have lost parking spaces. He
said they are flexible about adding trees where possible, but said they cannot lose parking spaces
for landscaped islands.
f
Mr. LeBlanc suggested the "may" included in Condition 25 ["The applicant may be required
by the Road Commissioners to financially participate in the full signalization of the intersection
of Plymouth Street/School Street/Community Gardens driveway"] does not really mean
anything, so if the board is not requiring the applicant to do something, it could be taken out.
Ms. Bren suggested making it contingent on the host community agreement and further
discussion with the Town Manager. She said she understands this applicant is not fully
responsible for the traffic problems there, but they will be partially responsible for the increase.
Mr. Burke suggested deleting "may" and amending it to say the applicant "shall be required to
negotiate with the Road Commissioners and to financially participate" and leave the amount
up to the Road Commissioners. Mr. Penney said traffic there is an issue and is something the
Planning Board is supposed to address. Mr. Cerretani said safety is a concern at this location,
with traffic coming over the bridge and cars coming out of this parking lot. Ms. Ashman -
Collins said it would be in the property owners' interest to have the safety issue addressed. Mr.
Feck suggesting amending the condition to encourage the applicant to participate to the point
the Road Commissioners are satisfied; if they cannot come to an agreement, they would not be
meeting that special permit condition. Attorney Gallagher said they have discussed this issue
with the Town Manager and Select Board. Ms. Friedman suggested changing "may" to "shall,"
which compels the applicant to participate.
Mr. Penney said the applicant's own traffic consultant said signalization at the intersection is
warranted and he encouraged them to participate in the signalization. He said it will greatly
benefit the business because they are going to find it difficult to pull out of their own driveway.
Mr. Chorney said the money from the host community agreement could be used for the traffic
light, but he doesn't want to be responsible for both the host community agreement money plus
Planning Board 4 10/28/2020
the signalization. Ms. Ashman -Collins said without knowing when the town is planning to do or
when, she would not want to tie the applicant's hands. Mr. Penney said the board is supposed to
address traffic issues on and around the site and encouraged the applicant to work with the town
because a signal would involve their entrance. Mr. Penney said he is comfortable with the
condition as drafted.
Consensus was to leave Condition 25 as drafted.
Public Comment
The chair read the following statement:
It is important to us that you have a platform for your questions and comments during this meeting,
therefore to ask questions or make a public comment during tonight's virtual meeting you must have
registered and joined the meeting via GoToWebinar where you now have the ability to submit your
question or comments through the questions option in your control panel, or you can use the raise
your hand option to be allowed to speak.
For those who have joined the meeting via telephone who would like to ask a question or make a
comment, you are now welcome to unmute your phone. We ask that you only have your phone unmuted
while you are asking your question. Please mute when you are no longer live. You can unmute your
phone by pushing *6. Please then state your name and address, and when acknowledge by the
Chairperson you can then state your question or comment. When you are done with your comment
please mute your phone again by pushing *6.
As with any public hearing we ask you to be respectful of the Board members and the other residents
who are making their comments by patiently and quietly waiting your turn. Thank you.
There was no public comment.
Motion: To approve the special permit for Community Gardens at 500 School Street as
drafted, including the amendment to Condition #14: The facility operator shall respond to the
building inspector within 48 hours of receiving notice of an odor complaint with proposed
corrective action (Bren-Cerretani"
LeBlanc — In favor. The benefits outweigh the detriments, the use is in line with the overlay
district, there will be minimal impact on neighborhood character or on existing municipal
services and facilities.'
Penney — In favor. The benefits outweigh the detriments, this is the area the town agreed was the
best place to house this type of facility, and I am encouraged the applicant has agreed to work
with the Road Commissioners in the future on having the intersection signalized with a turning
lane.
Feck — In favor. The benefits outweigh the detriments, this is where Town Meeting zoned the
use, and the applicant has addressed the board members' and abutters' issues. I share the
neighbors' concerns about potential odor issues and think the board has worked hard to address
that within the special permit, and I hope the applicant will be expedient in addressing any
problems.
Planning Board 5 10/28/2020
McClanahan — Abstained.
Friedman — In favor. The benefits outweigh the detriments. There has been significant discussion
about health and safety in the community, I think the applicant will have a neutral effect on the
natural environment and they have adequately addressed their relationship with municipal
facilities. One major issue will be traffic safety and I have confidence the applicant will work
with the Town to successfully mitigate that. I am looking forward to the positive fiscal impact.
Cerretani — In favor. The benefits outweigh the detriments, the impacts on health, safety and
general welfare will not be a problem, the impacts on the neighborhood are a concern, but I think
the applicant has a process to address potential issues, and I think the special permit puts
measures in pace to avoid problems and I look forward to the applicant working with the town. I
hope the applicant works with the town on the intersection signalization. The fiscal impacts will
be a positive for the town.
LeCesne — In favor. The benefits outweigh the possible detriments, any impacts on health and
welfare, particularly odor, will be mitigated by the processes in the permit, this is the vision the
town had for this overlay district the business will have positive tax and employment benefits.
Bren — In favor. The benefits outweigh the detriments, the applicant has addressed health and
safety issues and have been accommodating to requests regarding odor mitigation. I understand
traffic is a concern, but I believe the applicant will work with the appropriate town officials. The
business will have tax and employment benefits.
Ashman -Collins — In favor. The benefits outweigh the detriments, we have talked at length about
the possible negative impacts, but there are plans in place for odor and traffic safety issues,
municipal facilities and services are adequate, the impact on the environment will be neutral and
the fiscal impact will benefit the town's finances.
Eight (8) ins favor. None (0) opposed. One (1) abstention. PASSES
Motion: To close the publig hearing (Penney-Cerretani)
Penney — In favor
LeBlanc — In favor
Feck — In favor
McClanahan - Abstain
Friedman — In favor
Cerretani — In favor
Ashman -Collins — In favor
LeCesne An favor
Bren — In favor
Eight (8) in favor. Zero (0) opposed. One (1) abstention. PASSES
Mr. Penney said the waste receptacles do not appear to have been installed at 1 Mansfield
Avenue. Mr. Burke said those had been installed and were on the site for a short time, but they
Planning Board 6 10/28/2020
have not been out in over a year. He said he will talk to the owners about replacing the
receptacles. Mr. Cerretani asked if they were removed because of Covid; Mr. Burke said he does
not think so because they were removed prior to February 2020. Mr. Penney asked if the
receptacles will be the developer's or the town's responsibility; Mr. Burke said if they are on the
public way, they will be the town's responsibility.
Mr. Penney asked about the sidewalk at the Chocolate Factory. Mr. Burke said there have been
some issues with that project and it has been a slow construction process. He said the developer
is looking at residential occupancy in November, and there is one, possible two commercial
tenants for the one-story building at the front of the site. Mr. Penney said that is a nice project,
and the new Luciano's restaurant is a great addition to the neighborhood.
Ms. Friedman said she attended a webinar on placemaking and she encouraged everyone to
watch the video; she said she thinks it has good direction and ideas for downtown development.
She said one of the biggest takeaways for her was the importance of getting feedback from
residents about what they want, and the idea of having a lot of different uses around a square,
which can help bring people together. She said the webinar could provide ideas about how
buildings can become more active and alternative uses to traditional retail. Ms. Ashman -Collins
said that will be timely while the board is looking at TOD.
Motion: To adjourn at 8:40 p.m. (Penney -LeBlanc)
Penney - In favor
LeBlanc — In favor
Feck — In favor
Friedman - In favor /
Cerretani — In favor
Ashman -Collins — In favor
LeCesne — In favor
Bren — In favor
Eight (8) in favor. Zero (0) opposed. Zero (0) abstentions. PASSES
Next Planning Board Meeting: November 18, 2020 at 7:30 p.m.
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Signa e of C erI k
Planning Board
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Date of Approval
10/28/2020