HomeMy WebLinkAboutPlanning 02/24/2021Planning Board Minutes
February 24,2021
MEETING HELD VIRTUALLY USING GOTOWEBINAR PLATFORM
Present: Beth Ashman -Collins, Chair; Joseph Cerretani, Clerk; Michael McClanahan,(alght
Penney, Sharon Friedman, Michael Feck; Adrian LeCesne and Diana Bren, Alte n'atev
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.mansfieldma.com
and then clicking on today's date on the calendar. /
1. February 10, 2021 minutes
Motion: To approve the February 10, 2021 minutes as submitted (Friedman -McClanahan)
Friedman — In favor
Bren — In favor
Penney — In favor
Ashman -Collins — In favor
Cerretani — In favor
McClanahan — In favor
Feck - Abstained
/Six (6) in favor. Zero (0) opposed. One (1) abstained. PASSES
2. 571 Ware Street special permit decision to be signed
Motion: To sign,the 571 Ware Street special permit decision (Penney-Cerretani)
Penney —In favor
Ashman -Collins — In favor
Cerretani — In favor
Friedman — In favor
Bren — In favor
McClanahan — In favor
Feck - Abstained
Six (6) in favor. Zero (0) opposed. One (1) abstained. PASSES
Mr. McClanahan asked if site plan can be appealed; Mr. Burke said it can.
Planning Board 1 2/24/2021
None
[Mr. LeCesne arrived at 7:50 p.m.]
The clerk read Complaint #1 from Joseph and Nicole Mullen, 3 Knight Way
Ms. Ashman -Collins said she does not believe there was a violation of the Open Meeting Law,
but said she wants to discuss the board's process.
The clerk read a February 16, 2021 memo from Mr. Burke.
Ms. Ashman -Collins said that while, from a legal standpoint, there was no Open Meeting Law
violation, she understands there was frustration, which the board felt as well. She said the things
the public wanted to talk about the most - whether the school belonged on Knight Way and the
traffic impacts - were off the table for the site plan under the Dover Amendment. She said the
board's limited scope may have looked like the board didn't want to listen to the public, but the
board did listen to the public. She said the board members read all the public comments carefully
with an eye toward what could be done to minimize impacts. She said given the limitations of the
law, the board could not put limitations on the building of the school or because of the traffic
impacts. She said the board is also concerned about traffic impacts on that minor road, and if the
legal framework were different or this were a special permit use and not a use by right, the
decision may have been different. She said she feel's bad the board did not communicate what a
site plan is, what its parameters are, and why this one was particularly limited by the state law for
the educational use.
Ms. Bren said that was well said.
Mr. Penney said he doesn't agree the board's hands were tied by the Dover Amendment, but he
said right now the board is discussing public comment at its meetings. He said the board likes to
hear from the public because/it helps with its decisions. He said in this case, at the first meeting,
the board did take a number of comments and when they seemed to get repetitive, the idea at the
second meeting was to limit public comment in the interest of facilitating the process. He said he
thinks the issues had been adequately vented. He said at the second meeting, there were a
number of people waiting to be heard and he said maybe the board should have discussed and
come to a consensus about whether to take additional public.
Mr. LeCesne noted a site plan is a by -right use and not a special permit use, and some of the
attendees seemed to be asking the board to make a decision about the easement issue, which the
courts have already decided. He said it is important for people to be able to express their
concerns, and said if a larger site plan comes in, it would be important to capture those
comments. He said the site plan before the board didn't warrant the easement questions or the
higher -level traffic assessment some people would have liked.
Planning Board 2 2/24/2021
Ms. Bren said during public comment, many of the discussion was about a possible future larger
building, but at the second meeting, the board focused on the proposal before it, with the smaller
building. She said if the larger building comes back in the future, there will be another public
meeting on that site plan. She said the board had to focus on the proposal in front of it.
Ms. Friedman said the Dover Amendment has a lot of clout in relation to what a Planning Board
can and cannot do with a site plan, especially for an educational use. She said there are a couple
of narrow things around public safety that a board can put some parameters on, but those are
limited. She said should another plan come before the board, the board could be very specific
with the attendees to the open meeting and outline those parameters outlined for the public. She
said perhaps the board should have town's attorney explain what its parameters are regarding the
applicant's ability to build by right, so the public would also understand.
Mr. Penney said this discussion is not about approving or disapproving a plan, but rather how the
board handles public comment. He said the board has to decide how best to listen to the
comments. Ms. Friedman agreed, but said there is the potential for other "hot button" items
coming in and the board should be as prepared as it can be. /
Mr. Cerretani said he thinks the board has done a good job dealing with these meetings virtually,
and it is working better than he thought it would, although it is not perfect. He said it is hard to
read the room, and the board tries to be flexible. He said the board wants to hear from the public
and the abutters, but it is difficult in this format. He said lid does not think the board violated the
Open Meeting Law, as it gave the public the opportunity to speak. He said he felt like he had
plenty of information, and had spent a couple of hors going over the information and the
comments.
Mr. McClanahan said he was concerned the board allowed the applicant to speak and not the
public. Mr. LeCesne said a lot of what the applicant said was not on topic and suggested striking
it from the record.
Ms. Bren said she thinks it is ok to ask people to get back on track if they go off.
Mr. Penney said online meeting are difficult, and the chair can use their discretion to cut off
comment if it is not relevant.
Ms. Friedman said the complaint said more than half of board didn't understand their role; she
said she disagrees with that and believes the board members understand their roles. Mr. Penney
said he is still unclear about the ramifications of the Dover Amendment. Ms. Ashman -Collins
said staff briefed the board on the educational use being by right.
Motion: To direct the Planning Department to draft a letter of response for the board to review
and provide comment back at the March 10 meeting (Penney -McClanahan)
Mr. Penney suggested using Mr. Burke's memo as a base, expressing the board's apologies and
indicating the board's intention to listen and not to shut out relevant input.
Planning Board 3 2/24/2021
LeCesne — In favor
Penney — In favor
Ashman -Collins — In favor
Cerretani — In favor
Friedman — In favor
Bren — In favor
McClanahan — In favor
Feck — In favor
Eight (8) In favor. Zero (0) opposed. Zero (0) abstained. PASSES
The clerk read Complaint #2 from Robert Cavanaugh, 15 Justin Drive
Ms. Ashman -Collins said she understands Mr. Cavanaugh felt he was criticized by the applicant,
but said he had not been recognized by the chair and he was muted because staff was muting all
background noise. She said that was not personal. She said while it is not an open meeting
violation, she wished she had stopped the applicant from discussing things that were not on
topic. F'
She said the board had read and considered all of the public comment prior to the second
meeting, even if the public comment was not read during that meeting.
Mr. Cerretani said staff was sending those comments to the'�board members as they arrived, so
the board was able to read them in real time, which was helpful.
Mr. Penney said it was unfortunate the board couldn't take all the public comment, but time is
limited and virtual meetings are difficult. i
Motion: To direct the Planning Department to draft a letter of response for the board to review
and provide comment back at the March 10 meeting (Penney -McClanahan)
Mr. Feck said the board has a certain amount of time in which it has to act on an application, and
even if the board wants to continue the discussion, the applicant does not have to agree to a
continuance. He said limiting comment is not simply an issue of the board members wanting to
get the meting over with there are time limitations. Mr. Cerretani said he agreed, and said the
board members read�ail the comment, talks about them and asks a lot of questions. Ms. Bren
suggested explaining the reasons for the board not reading all the comments.
Ms. Friedman asked if the board should respond to Mr. Cavanaugh's request to overturn the
board's decision. Mr. Burke said the only thing the board is discussing is the OML complaint, so
that should be the only thing addressed in the response.
LeCesne — In favor
Penney — In favor
Ashman -Collins — In favor
Cerretani — In favor
Friedman — In favor
Planning Board 4 2/24/2021
Bren — In favor
McClanahan — In favor
Feck — In favor
Eight (8) In favor. Zero (0) opposed. Zero (0) abstained. PASSES
The clerk read Mr. Burke's February 22, 2021 memo regarding the requirement to submit final
language by the close of the warrant.
Mr. Penney noted one line in Paragraph B(1) in Section 5.3, Site Plan, needs to be corrected
from "review" by the Planning Board to "approval" by the Planning Board so it agrees with the
rest of that section. Mr. Burke agreed.
Mr. Penney said 55 and Over should be a special permit use in B4, but the use table says it is not
allowed. Mr. Burke said he would check that.
"Housekeeping" Articles:
1. Add 5G in Airport Zone to Schedule of Principal Use Regulations [Airport Zone was
inadvertently left off the Schedule when 5G was adopted in2020]
2. Add Adaptive Reuse of Historic Structures in B4 and TOD to Schedule of Principal Use
Regulations [the B4 and TOD zones did not exist when the Adaptive Reuse by-law was
adopted in 2014] i
Consensus was to submit the articles to add 5G to the Airport zone and Adaptive Reuse of
Historic Structures to the B4 and TOD zones.
Amendment Required by the Commonwealth:
3. Flood Plain District (230-5.4)
Mr. Burke explained the Commonwealth is requiring all cities and towns to adopt the same
definitions and to add a disclaimer about liability. No flood plain designations or map changes
are being proposed in this amendment.
Ms. Bren asked if notice would be required if this passes at Town Meeting; Mr. Burke said all
zoning by-laws require a public hearing, and if this passes at Town Meeting, abutting cities,
DHCD, SPREDD, and Mass Emergency Management would have to be notified. Ms. Friedman
asked if there would be any map changes; Mr. Burke said no.
Consensus was to move forward with the floodplain article.
William Clemmey said he has spoken with the Town Clerk about the previously mentioned use
table issues, and she said she would be talk with Mr. Burke and have those corrections made.
Mr. Penney suggested not moving forward with the TOD zoning amendments at this time.
Articles Withdrawn from 2020 Special Town Meeting:
Planning Board 5 2/24/2021
4. FAR/Building Height in B4 (Schedule 4.211, Density & Dimensional Regulations, Business &
Industrial Districts)
Mr. Clemmey said raising FAR and lowering building height would make it difficult for small
lots. He said setbacks were increased when the B4 zone was adopted and suggested if a
commercial use abuts another commercial property or zone line, a 20-foot rear setback could be
allowed rather than 40 feet.
Mr. Clemmey asked board to consider multiple residence by special permit in B4.
Mr. Clemmey said there is a footnote in the by-law allowing business and residential to be
combined in same building, but requiring the first floor to be commercial. He asked if two
commercial buildings would both be required to have retail on the first floor.
Mr. Penney said he thinks the rear yard setback was increased from 20 to 40 feet to protect the
residential neighbors behind Benny's. He suggested that setback could be dependent on what use
abuts the residence. He suggested adding a new footnote 6 saying that in'$4, the rear setback is
40 feet when a residential use or zone are within 75' of the property line, or 20 feet when a
business or industrial use is within 75' of the property line. He said it would be similar to the
requirements in the PBD.
Mr. Burke said that 40-foot setback was established to protect abutting residences, and agreed
flexibility could be a good thing.
Mr. Feck asked if Patriot Supply would have to have'a 40-foot setback because there is a
residential use within 75 feet, but not directly abutting it. Mr. Burke said for this discussion, the
rear setback would be 20 feet when a commercial use abuts another commercial property to the
rear, or 40 feet when it abuts a residential property to the rear. Mr. Burke noted PBD allows
much higher buildings.
Mr. LeCesne asked the reasons for
the reduced building height. Ms. Friedman said she was
thinking about residential properties behind commercial uses downtown; Ms. Ashman -Collins
said there are also a lot of residences abutting commercial uses along Chauncy Street.
Ms. Ashman -Collins said there had been some concern about 45-foot tall buildings with things
like hvac screening,,parapets, elevator shafts and stairwells above the maximum height, making
them taller than 45 feet.
Ms. Friedman said she wouldn't have a problem with the rear yard setback flexibility, but would
like to keep the height down.
Mr. Penney said 45 feet is allowed in the other business zones and asked why it would be
different in B4. Ms. Friedman said she thinks the board is learning from past mistakes. Ms.
Ashman -Collins said there were concerns about the height of 1 Mansfield Avenue and 300 North
Main Street.
Mr. Penney suggested rather than reducing height in B4, we may want to better determine how
the height of a building is measured. Ms. Ashman -Collins asked if that measurement is standard
Planning Board 6 2/24/2021
throughout the Commonwealth; Mr. Burke said it is not. Mr. Penney asked what Mr. Burke
would recommend. Mr. Burke said he understands the rationale behind the proposed height
change, but said he would not feel comfortable writing a new building height definition in time
for the close of the warrant this year.
Ms. Friedman said she doesn't have a problem with buildings having architectural features, but
does have a problem when those things make the building much taller than the maximum height.
Mr. Feck said larger lots would be helped by higher density, but was concerned it would make it
harder to develop small lots.
Ms. Ashman -Collins said one of the points of increasing density would be to leave room for
open space, which is more of a streetscape approach.
Mr. Penney said he thinks this bears more discussion; Ms. Ashman -Collins suggested holding
the public hearing to get input. Mr. Burke said with this year's requirement for final wording by
the close of the warrant, the only options would be to make changes on the floor of Town
Meeting or withdraw the article. Mr. Penney said changes could only be made on the floor to
make the article less restrictive.
Mr. Cerretani said the B4 zone is primarily a long, skinny zone with residential abutters, and he
would have a problem with buildings that end up closer to-�5 feet tall, which is what has
happened with some of the 45-foot tall buildings. Ms. Friedman said she is concerned about the
residential abutters to commercial uses.
Mr. Feck said a change to the building height definition would be the difference between three
and four stories. He suggested leaving the height at 45 feet and not allowing anything above that,
so buildings would have to be designed to accommodate the rooftop equipment. Ms. Friedman
said developers could be more creative with their designs.
Mr. McClanahan suggested making 45 feet the maximum height of everything, including the
rooftop equipment. ;
Mr. Clemmey suggested"making the building height 35 feet with a 40-foot setback if it abuts a
residential zone or building, and 45 feet with a 20-foot setback if it abuts a commercial lot.
Mr. Penney said he isn't sure this can be pulled together by Friday. Mr. Burke said he is
concerned there isn't consensus on the board. Mr. Penney asked about revising the dimensional
table to add a footnote to revise the rear yard setback in B4. Ms. Friedman asked what would
happen if there is a residence on the side of the commercial property; Mr. Penney said he is only
talking about the rear setback. He said the current sideyard setback in B4 is 20 feet and that has
not been changed. Ms. Friedman said she would not agree with the footnote change if there is a
residence on the side or front.
Ms. Ashman -Collins asked if anyone in the audience would like to speak.
Planning Board 7 2/24/2021
Mr. Clemmey said raising FAR and lowering height is contradictory. Mr. Cerretani he is
concerned about the residences behind Chauncy Street and he wouldn't want to see more
buildings the height of the storage building on Wood Avenue.
Ms. Friedman said she doesn't have a problem with 35 feet and 1.0 FAR.
Jeffrey Vigeant, owner of Patriot Supply, said his lot is one-half acre and they have tried to
develop it for 10 years. He said the 1.0 FAR and height decrease would make his property less
developable. He said the setback idea is a good one; he said he abuts the post office and three
apartment buildings, and there is a residential property across the street. He said there are already
45-foot tall buildings in the area, and the proposed FAR increase is very small. He said he has no
plans for a large apartment building, but would like to build a new retail building with office
space above. He said the proposal that was withdrawn last year was 2.0 with no restriction on
roof height. He said he would like to develop his property, but this proposal would make it
financially undoable. He said this would hurt small businesses and he is disappointed in the
process. Ms. Ashman -Collins said that is a nudge in the direction to not go forward with this; Mr.
LeCesne agreed.
Ms. Ashman -Collins said she would like to consider the streetscape.
Consensus was to not submit the B4 article this year, but to continue working on it for a possible
fall Town Meeting. Mr. Penney said those are usually Special Town Meetings for financial
issues, and are not well attended.
Mr. Feck said he doesn't think the board should only go forward with zoning articles if there is
consensus.
Ms. Ashman -Collins said even though the article will not be on this year's warrant, the board
will still be discussing B4 and TOD issues.
5. North Main Street Overlay District (230-5.1OK); and
FAR in B 1 (Schedule 4.2B, Density & Dimensional Regulations, Business & Industrial
Districts)
Mr. Penney said he thinks the board has achieved a lot of its intentions with incentives
downtown and suggested it might be time to consider requiring those things rather than making
them incentives.
Consensus was to table the two Bl articles to a possible fall Town Meeting.
Ms. Friedman asked about upcoming projects the board will be seeing; Mr. Burke said there is
some activity in the business park, but he has not been contacted about any downtown
development.
Ms. Bren suggested keeping a deadline date in mind for preparing articles for a fall Town
Meeting.
Planning Board 8 2/24/2021
Mr. Cerretani said the board has to look at the wholgczone and not write zoning for one or two
lots.
New Zoning Articles:
7S1.eA term Rental (no et' )
8. Signs ,7) [The Select Board will be sponsoring this article]
Street Acceptance:
• Lorraine Way
• Julia Drive
6, Arounc'w the Table • .
Ms. Ashman -Collins said the Cultural Council has asked the Pla
nning Board to sign on to a letter
thanking the Select Board for working to preserve the fagade of the North Main Street Fire
Station.
Ms. Freidman asked about the complaint about the NRT vans being queued up on County Street
in the morning. Mr. Burke said he has spoken with )4r, McCarthy and his attorney, and was told
they had moved the vans to plow the parking lot. He said he was assured they will not park vans
on County Street and will not use driveways to turn around in.
Mr. Burke said the Amazon warehouse is changing over to a robotics facility, which will result
in one additional employee than originally discussed during the site plan.
7. Adjournntedt;
Motion: To adjourn at 10:15 p.m. (McClanahan- )
Friedman — In favor
Bren — In favor
LeCesne — In favor
Penney —In favor
McClanahan — In favor
Ashman -Collins — In favor
Cerretani — In favor
Feck — In favor
Eight (8) in favor. Zero (0) opposed. Zero,(0) abstentions. PASSES
Date of Next Planning Board Meeting: March 10, 2Q1 at 7.0.0 p.m:
1 � S
i
•,c�=����i �`��cf'Lt'�,'t titer
_Si n ture of Clell _
Date of Approval
Planning Board 9 2/24/2021