HomeMy WebLinkAboutPlanning 03/04/2020Planning Board Minutes j
March 4, 2020 [
Present: Donald Cleary, Chair; Beth Ashman -Collins, Acting Clerk; Michael Feck, Joseph
Cerretani, Ralph Penney; Sharon Friedman and Adrian LeCesne, Alternates ='
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative
Secretary
Motion: To appoint Ms. Ashman -Collins Acting Clerk
(Cerretani-Feck) All in favor. PASSES
1. Minutes February 5, 2020
Motion: To approve as submitted
(Feck-Cerretani) Six in favor. Penney abstained. PASSES
2. February 10, 2020 memo from DPW Director Lee Azinheira re: Complete Streets Copeland
Drive
3. 1 Mansfield Ave Special Permit Denial Decision to be Signed
Motion: To sign the special permit denial decision
(Ashman -Collins -Friedman) Five in favor. Penney abstained. PASSES
4. February 7, 2020 letter from Jeffrey Vigeant and Robert Barry, Eagle Realty Trust, owner of
Patriot Supply re: FAR in B4
5. Public Hearing notices — Attleboro, Easton, Plainville, North Attleboro, Sharon
None
minimize the impact on neighboring properties. He said one lot in the subdivision will be
designated as an affordable lot.
At its last meeting, the board had asked Mr. Burke to prepare a draft special permit decision. Mr.
Burke recommended the board approve the residential cluster application.
Mr. Penney said he thinks the wider road with a walking space beyond the fog line in lieu of a
sidewalk was a good compromise. Mr. Cygawnoski pointed out the low -impact design by-law
allows for no sidewalk or curbing. Mr. LeCesne suggested the board consider requiring
sidewalks in the future; Mr. Feck said the board has always looked at sidewalks in each proposed
subdivision on a case -by -case basis. Mr. Penney said some applicants have put money into the
sidewalk fund in lieu of building sidewalks in the subdivision. Ms. Friedman said she is an
advocate of sidewalks.
Motion: To sign the special permit decision as drafted (Ashman -Collins -Penney)
Planning Board 1 3/4/2020
Feck — In favor. The benefits outweigh the detriments. The project was designed to mitigate the
effects on the natural environment, leaves open space and protects environmentally sensitive
areas. The applicant has tried to work with the neighbors, the project will have minimal effects
on vehicular traffic, the safety concerns have been addressed, the site has adequate municipal
services and the fiscal impacts to the town and property values will be positive.
Sharon — In favor. The benefits outweigh the detriments. I am glad to see the fog line put in
under the low impact design and I am glad the developers have worked with the neighbors to
resolve the issues.
Penney — In favor. This has been a long process and I appreciate the applicant working with the
abutters on a difficult property with drainage issues. The benefits outweigh the detriments, and
the development will provide relatively inexpensive housing, meets the character of the
neighborhood, and the wider road with fog line a good compromise.
Cerretani — In favor. The benefits outweigh the detriments, and the applicant has done a good job
working with the board's and neighbors' concerns.
Ashman -Collins — In favor. The benefits outweigh the detriments. I like the way the low -impact
design criteria were used to limit the environmental impacts, the applicant has done a good job
addressing the board's and neighbor's concerns, the development will have a positive fiscal
impact and fit with the character of the neighborhood.
Cleary - In favor. The benefits outweigh the detriments, this is a good use of the site, and the
applicant has done a good job working with the board.
Six in favor. PASSES
Motion: To approve the scenic road decision as drafted
(Penney-Cerretani) All in favor. PASSES
Motion: To close the public hearing (Penney -Friedman) All in favor. PASSES
Craig Cygawnoski, RIM Engineering; Luciano Canova, owner; Scott Sisson and Steve Rollins,
builders
Mr. Cygawnoski explained the building has been used as a restaurant for many years; the Tahana
restaurant will be replaced with an Italian restaurant. Proposed changes to the exterior include
raising the roof four feet. The existing utilities will be used, the existing monument sign will
stay and additional signage is proposed.
There is existing paved parking on the upper side of the site, and the lower gravel parking area
will be paved. There will be 16 conforming parking spaces, two handicapped spaces, and the
existing handicapped ramp will be removed and replaced with a conforming ramp at then main
Planning Board 2 3/4/2020
entrance. The existing parking lot on the right of the building has a 36-foot wide entrance, which
will be narrowed to 24 feet'; they will work with the town to do that when the Oakland Street
sidewalks are redone. The thirty-foot wide entrance on the left side of the building will be for
delivery vehicles. Several existing small trees and one larger tree along the front of the building
will be removed and landscaping will be added. The site cannot fully conform to the landscaping
regulations because of its size; the regulations call for a 50-foot landscaped buffer, which cannot
be accommodated. They are proposing a thirty-foot wide landscape buffer with arbor vitae on a
raised bed in front of the building to prevent headlights from shining into abutting residential
properties. They also plan to add a raised berm to keep runoff from the detention area from
overflowing onto the neighboring commercial property. Arbor vitae will be planted along the
railroad tracks to provide some buffer. There will be no additional landscaping behind the
existing building because of exposed ledge; there are some 6-12" maples and oaks there that will
be left. Arbor vitae and a six-foot vinyl fence will be added to the side of the property abutting
Riccio. Ms. Friedman asked about the construction equipment; Mr. Cygawnoski said that is
owned by Riccio; there will be two 24-foot wide curb cuts added for that property when the
sidewalk is installed.
Mr. Cygawnoski explained the landscaping waivers requested:
Section 230-4.3F(2)(a)[11 "Landscape buffer strips along a public way shall be 1/3 the distance
between the street right-of-way and any building line but shall not be less than 15 feet and need
not be greater than 50 feet in depth."
Section 230-4.3F(2)[2] "Landscaped buffer strips abutting or across a street from a residential
district shall be a minimum of 15 feet in depth in commercial districts, and a minimum of 50 feet
in depth in industrial districts."
Section 230-4.3E(2)(b) "It is impractical to provide the specified depth of landscaped area due to
the size, shape or other characteristics of the parcel beyond the control of the applicant, and the
alternative arrangement proposed by the applicant provides equivalent benefits to the site and
surrounding areas."
Mr. Cygawnoski said the site is large enough to handle snow storage and a concrete pad will be
fenced for the dumpster.
The existing walkway will be rebuilt so customers will park, walk toward the street and to the
walkway parallel to Oakland and to the front entrance. The walkway will be approximately eight
feet off the building.
Mr. LeCesne asked about the curb cut's proximity to Charles Street. Mr. Burke said that is a
minor dead-end street, so he is not worried about the intersection offset. Ms. Ashman -Collins
said the Police Department has requested stop signs be added at the parking lot exits.
Ms. Friedman asked about the walkway to the deck on the railroad track side of the building; Mr.
Canova said that is the back entrance to the kitchen and will be used for deliveries. Ms.
Friedman asked if there would be any outside seating; Mr. Canova said he had wanted to do
outside seating, but decided not to because of the proximity to the railroad tracks.
Planning Board 3 3/4/2020
Mr. Cygawnoski noted the lighting plan included in the package shows existing and proposed
lighting. There is lighting on the building that will shine down on the walkway and existing
sconces on the building. Ms. Ashman -Collins suggested bringing the light levels down after
closing in consideration of the neighbors. Ms. Friedman said leaving security lighting on would
be reasonable.
Mr. Penney said the parking shown is one space per four seats in the I3 zone, and asked if that
was changed to square feet. That change only applied to downtown.
Mr. Penney asked if the handicapped parking spaces can have a common offloading space; Mr.
Burke said they can, with a van space. Mr. Penney asked if that could be done here and gain a
parking space. Mr. Cygawnoski said there is an eight -foot walkway between the two parking
spaces at the front entrance, and the additional space would be too close to the front door.
Mr. Penney asked about using infiltrators under the parking lot to eliminate the drainage Swale;
Mr. Cygawnoski said they had wanted to do that, but the expense was significant. He said the
soil is terrible fill, which would have to be removed. He said Mr. Alves approved this design.
Mr. Cerretani said Mr. Canova does a nice job and keeps his properties in good shape, and he is
happy about the proposed landscape additions.
Ms. Ashman -Collins said her big concern is about the lighting; Mr. Burke said he is comfortable
with the lighting plan.
Mr. Cleary asked if the Fire Department can get around the back of the building; Mr.
Cygawnoski said there isn't room at the back of the building for a fire truck, but there is access
for personnel.
Mr. Cleary asked about the intersection offset regulations; Mr. Burke said that does not apply to
driveways.
Mr. Cleary asked about overflow parking; Mr. Burke said there is no parking signage on
Oakland Street.
Planning Board 4 3/4/2020
Annual Town Meeting has been scheduled for Tuesday, May 5. The warrant closed March 1, so
the following articles have been submitted, and public hearings will be scheduled if the board
decides to go forward with them.
Planning Board Articles
Retail Definition; Multiple Residence; North Main Street Business Overlay District; TOD
5G
Ms. Friedman asked if 20 is the right number for the multiple residence special permit; Mr.
Penney said he doesn't think the board is committed to that number. Mr. Feck said multiple
residence is already special permit in Bl and B2, and this would only be a special permit for
multiple residence in B 1. Mr. Burke said it would also apply to the TOD. Mr. LeCesne said it
could be an incentive to get developers to look at new areas.
The Planning Board has also been asked to sponsor several articles that would normally have
been citizens' petitions:
Fast Food in B4
FAR in B4
Private Garages
Accessory Apartments
Corner Lot
Open Space in PBD
Mr. Burke said these have been suggested by residents and landowners; articles for fast food and
auto service in B4 have also been submitted as citizens' petitions.
The board discussed the corner lot issue and how to determine which street would be the
frontage. Mr. Burke said the sight distance triangle is 15 feet back. Ms. Friedman said she
would rather see corner lot issues go to the Zoning Board of Appeals on a case -by -case basis.
The existing by-law says the shortest conforming frontage should be the front of the house.
Mr. Burke said the Master Plan Committee has discussed the need to provide a variety of
housing options, and the current by-law allows accessory apartments by special permit, but
requires it to be occupied by someone 55 and over. Mr. LeCesne suggested requiring a certain
length of tenancy to encourage long-term housing rather than short-term rentals.
Mr. Burke said the garage issue has been before the ZBA a number of times.
Ms. Friedman asked about changing FAR from .8 to 2.0. Mr. Burke said on a 10,000 square
foot, .8 FAR would allow an 8,000 square foot building. At a 2.0 FAR, a 20,000 square foot
building would be allowed.
Fast Food
Mr. Cleary asked if the board wants to sponsor the fast food in B4 article. Mr. Cerretani said this
issue is all about the drive -through. Ms. Friedman said there is already a fast food use on
Copeland Drive. Mr. LeCesne said adding more drive-throughs there would negatively impact
an already busy area. Ms. Friedman said she has been thinking about this issue since the last
Planning Board 5 3/4/2020
time it was proposed, and thinks if traffic can be stacked without cars going onto Copeland
Drive, it might be worth considering. Mr. Penney said the Honey Dew drive -through is the
biggest problem; Mr. Burke agreed and said that is because of that lot's continuous curb cut. Ms.
Friedman suggested leaving it as a citizens' petition. Mr. Penney said he could go either way,
but he thinks it is worth discussing. Consensus was not to sponsor this article.
FAR in B4 for Mixed -Use
Mr. Feck said with .8, there could be a 17,500 square foot building, which he said is large for
that zone. He said the board supported the increase to .8 and to allow mixed -use a few years ago.
Mr. Penney said the number may not be 2.0, it may be something like 1.0. The board discussed
the four currently vacant potential parcels this could affect and the possibility of the
redevelopment of other parcels. Consensus was to sponsor the article.
Private Garages
Detached garages are currently required to be behind the front plane of the house. Ms. Ashman -
Collins said she feel strongly garages belong behind the front of the house. She said she would
rather have people go to the ZBA for individual lots; Mr. Feck agreed. Consensus was not to
sponsor this article.
Accessory Apartments
The proposal would eliminate the 55 and over age requirement in accessory apartments.
Consensus was to sponsor this article.
Corner Lot
The proposal would eliminate the requirement for front yard setbacks from all streets. Ms.
Friedman said she thinks this should stay with the ZBA on a case -by -case basis. Mr. LeCesne
said this could result in impeded sight distance looking down the street. Consensus was not to
sponsor this article.
Open Space in PBD
The proposal would reduce the minimum open space requirement from 35% to 25% in the
Planned Business District. Mr. Penney asked if we have heard this issue from owners in the
business park; Mr. Burke said it has come up a few times. Mr. Penney said the business park is
atypical because it has a lot of landscaped areas and open space, which makes it very attractive.
Mr. Feck said the town should find ways to make the park more valuable. Mr. Cleary said that
extra 10% could allow more parking, which might encourage developers to use the increased
building height. Consensus was to sponsor this article.
The public hearing for FAR in B4, Accessory Apartments and Open Space in the PBD will be
held March 25, 2020.
The public hearing for two citizens' petitions, fast food in B4 and auto service station in B4, will
be held March 25, 2020.
The public hearing for Retail Definition, Multiple Residence, North Main Street Business
Overlay District, TOD and 5G will be held April 22, 2020.
Planning Board 6 3/4/2020
None
Mr. Burke said he attended a MassHousing scoping session for a 60-unit 40B development on
Route 140 in Norton. The developer plans to use the existing building at XX Mansfield Avenue
for parking and to add three stories above. He said he mentioned the site's proximity to Xfmity
Center to the applicant, the need for traffic planning and the importance of working with the
Mansfield and Norton public safety departments.
Mr. Penney asked about the site under construction on Route 123 in Norton; Mr. Cleary said that
is a new industrial park.
Mr. Cleary said he talked to the Town Clerk and 1,283 people took advantage of the opportunity
to vote early in the presidential primary.
Motion: To adjourn at 9:00 p.m. (Penney- ) All in favor. PASSES
Next Master Plan Meeting: March 18, 2020 at 7:00 p.m.
Next Planning Board Meeting: March 25, 2020 at 7:00 p.m.
04 It �1 �{;(i� i,�. ry k! 'L L
Signature of Clerk' Date of Approval
1/
Planning Board 7 3/4/2020