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HomeMy WebLinkAboutPlanning 10/13/2021Planning Board Minutes October 13, 2021 RECEIVED "HYBRID" MEETING HELD IN PERSON IN MEETING ROOM 3 A/fl,� OFF I( E VIRTUALLY USING GOTOWEBINAR PLATFORM ``��� Present: Beth Ashman -Collins, Chair; Joseph Cerretani, Clerk; Michael McClanahan,`Q0 P 3= 2b Penney, Sharon Friedman, Diana Bren; Adrian LeCesne and Brendan Roche, Alternates -,' -,- Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administtatrve D T r Secretary 3. Joint Meeting With'Select Board eal104to Otder at 6:00 Select Board members Neil Rhein, Frank DelVecchio, Jess Aptowitz, Michael Trowbridge, Steve Schoonveld; Town Manager Kevin Dumas and Assistant Town Manager/Financial Director Barry LaCasse were in attendance. Mr. Rhein said the Select Board would like to talk about how to move the Master Plan forward and asked what they can do to help. Mr. Dumas said he was impressed with all of the work that was done on the goals and objectives in the 2008 Master Plan and said the Select Board has discussed making the 2020 Master Plan part of its own goals and objectives. He said the Town has started working on things that came up during the Master Plan, including the budget, capital improvements, grants, recreational uses, the TIF Committee, the redevelopment of 50 West Street and hiring an Economic Development Director. Mr. LaCasse said he thinks the implementation matrix in the Master Plan is a useful tool and said the town has been working on economic development issues, as well as the redevelopment of 50 West Street as a community space, connecting it to ponds and green space, and establishing a web page for that property to illustrate its history. He said there is a Special Town Meeting article for funding for a preliminary design. Mr. Rhein said the top five goals of the Master Plan were to promote and integrate smaller housing units; activate empty retail and storefronts; create opportunities for community events; maintain fiscal stability; and encourage and pursue economic development downtown. Mr. Rhein said he has met with a Wheaton professor about public, art alorig;the bike path. He asked the Planning Board members' thoughts about opportunities and 'cbaIle ages. Mr. Cerretani said he attended the 50 West Street meeting with the Select Board and was pleased about the support for redeveloping the property as a Council on Aging/Community Center, because the population is aging. He said he has visited the Whitinsville Community Center, which does a lot of multi -generational programming, and suggested looking at facilities like during the planning stages. Mr. Cerretani said he thinks the TOD zone needs to be activated. Mr. McClanahan said the MBTA has slowed down its work because of Covid and he is hoping it gets ramped up shortly. Mr. Trowbridge said there is a conceptual plan for the second access, but it has not been approved yet and said without that, nothing else will be done. Planning Board 1 10/13/21 Ms. Ashman -Collins said she understands access is a deal breaker, but said another piece of TOD is the design of the outdoor public spaces. She said rather than passively waiting for private landowners to come up with separate plans, the town could be deliberate about planning the outdoor space. Mr. Penney said the residents of the train station neighborhood are always concerned about development proposals in that area. He said the train,station is an asset, but the town has to plan accordingly to keep it a favorable asset. He said the BETA report identified things that could be done, including the northern access, a signal at Draper and Chauncy, and a turning lane at the Chauncy/Copeland intersection. Mr. Azinheira has worked wi1;h MassDOT on that turning lane; Mr. Burke said there is a 25% design for Route 140'to,Chaotic' Street, which should be reviewed soon. Mr. Penney said a turning lane to go right on Copeland Drive or to bypass someone turning left would help traffic at that intersection. Mr. Rhein asked about the goal of smaller housing units. Mr. Burke said 2020 Annual Town Meeting removed the age restriction for accessory apartments as a way to provide an alternate type of housing. Mr. Penney said the board has discussed a by-law to regulate short-term rentals. Mr. Burke said the town has received a number of complaints about that issue, and said one of the problems with short-term rentals is that they take year-round housing units off the market. He said the use could be restricted or prohibited. Mr. Burke said the Planning Board has talked about the need for a variety of housing types at a variety of price points, and the TOD zone would be a wonderful opportunity to do that. He said the TOD zone includes a number of opportunities, including economic development, traffic control, and integrating the train station area with downtown, Mr. Penney said the board has discussed the appropriate density and height, as well as development incentives like outdoor seating and lighting. Mr. Trowbridge said he thinks iHs greatihat everyone is working'together on these issues. He said the industrial park is nearing capacity, and the other available industrial land is in small pockets, some in residential neighborhoods, and suggested looking at where road improvements may be needed for the future. Mr. Penney said many of the buildings in the Cabot Business Park are low, which may change; Mr. Rhein said they have talked to representatives from MassBio about biotech businesses wanting lower -story buildings. Mr. Burke said there have been a lot of renovations in the business park, and prior to Covid, there was a shift away from warehousing and into office uses, but several companies have recently been going back to warehouse uses. Ms. Friedman said in general, the board hasn't had a chance to develop a consensus on any of these issues. She said the Cultural Council had been looking at a Cultural District for downtown, but that has stalled after downtown Mansfield lost several cultural institutions over the last few years, including MMAS, the National Black Doll Museum and a dance studio. She said going Planning Board 2 10/13/21 forward, it will be important to figure out how to get cultural venues downtown and said they could be integrated with a community center. Mr. Penney said commuters using the train station don't really use downtown. Ms. Bren said she would like to see downtown become a destination. Mr. Rhein said a community center could include some performance space. Mr. DelVecchio said there has been discussion about including event space at Harry Chase Place. Mr. DelVecchio suggested future zoning changes be made flexible so the town can adjust to changes in the market. Ms. Ashman -Collins said she thinks a dot of the recent zoning changes in the business park have made development mo re ore flexible. Mr. DelVecchio said there has been a lot of progress and he would like to see that , Ms. Ashman -Collins said the issue of housing at various sizes and price points is zoning issue that should be worked on. Mr. Cerretani said a lot of the business park buildings have turned over and he thinks there will be a lot more renovations. He said he thinks companies will start bringing people back into offices, but the problem right now is with the supply chain. Mr. Penney said the business park is no longer managed as one entity. Mr. Burke agreed and said there is no longer an association the town can work with regarding park -wide issues. Ms. Ashman -Collins said an Economic Development Director will help with that. Mr. Penney asked about the recent zoning changes that would impact the business park; Mr. Burke said things like increased height, green roofs as open space and accessory parking structures have recently been approved. He said the zoning groundwork has been laid for future changes to the business park, and noted zoning changes were adopted downtown years before the land became so valuable it began to be redeveloped. Ms. Ashman -Collins asked if downtown will be part, or, the Economic Development Director's position; Mr. Rhein said it will. He asked what can be one to encourage the development of the large vacant lot downtown; Mr. Cerretani said the Planning Board approved a special permit on that lot, but it has not been developed. Mr. Trowbridge said since that was approved, many other residential units have been approved downtown. Mr. Schoonveld said that was a well -designed building, but the economic issues weren't favorable. He said the town doesn't own that land, so we have to figure out ways to encourage landowners to do something with their properties. Ms. Ashman -Collins said there have been some interim uses allowed on properties that have gone on for several years. Mr. Schoonveld asked if Mansfield is in line with other towns in terms of business parks. Ms. Ashman -Collins said researching that information, including land values and permanent jobs and wages, would be a good project for the Economic Development Director. Mr. Trowbridge suggested the board discuss its Master Plan priorities and to meet again in a few months. Planning Board 3 10/13/21 2, Planning Board Meetik called to order at 1.00 P,m. �; Cot^resppnd'enQe � r ';, 1. September 9, 2021 minutes Motion: To approve the minutes. as; drafted (Penney -Friedman) Five in favor. McClanahan, Roche abstained. PASSES 8 and 12 Pheasant Hollow Drive Mr. Burke explained the plan for land swap between the two property owners; there are no changes to the frontage and both lots will have sufficient land area. Mr. Burke recommended endorsing the plan. Motion: To endorse the Form A (Penney -McClanahan) All in favor. PASSES 5. Special Permit Public Hearing 20 22 Pleasant Street — 7-Unit Residential Development The clerk read a request to continue the public hearing to October 27, 2021 Motion: To continue the public hearing to October 27, 2021 at 7:20 p.m. (Penney-Bren) Six in favor. Friedman abstained. PASSES [Mr. LeCesne arrived at 7:20 p.m.] The clerk read the public hearing notice on the Planning Board's Zoning By -Law Amendment Articles for 2021 Special Town'Meetin& Ms. Ashman-Collins'said.the Planning Board will be asked to make a recommendation to Special'Town Meeting.': Article 15 [Planning Board Article 11 Medical Marijuana Mr. Burke explained the medical marijuana by-law changes are based on changes to the Commonwealth's enabling legislation. References to "non-profit" must be deleted; references to the use as "Medical Marijuana Dispensary" must be changed to "Medical Marijuana Treatment Center;" references to "the Department of Public Health" must be changed to "the Commonwealth Cannabis Control Commission;" and references to "105 CMR 725.100" must be changed to "935 CMR 501.101. Mr. Burke explained the proposed changes also came about as a result of an appeal to the SJC the Town lost regarding a medical marijuana use. He explained the Cannabis Commission changed the setbacks to be measured from structure to structure, and 500 feet is more consistent with the statute. He said the town's by-law has to be brought into conformity with the enabling legislation. Mr. Burke explained town counsel has reviewed the draft by-law and made two changes. Public Comment There was no public comment Article 16 [Planning Board Article 21 Site Plan, Planning Board 4 10/13/21 Mr. Burke said the site plan article is simply to correct "review" to "change" in two places, which should have been done when Site, Plan approval was adopted in 2013. Public Comment There was no public comment Article 17 [Planning Board Article 31 Building Height Mr. Burke explained the building height changes are intended to better define how building height is measured, and would allow the board to make exceptions for architectural features. Public Comment Steve Schoonveld, 21 Newton Street, asked how it would impact residential homes. Mr. Burke said it would only impact homes if there was an architectural feature extending beyond the maximum allowed height. He said the special permit option allows a builder or developer the opportunity to explain why their project should be exempted. Sandra Levine, 20 Walnut Street, asked if the article would apply mostly to industrial areas and North Main Street. Ms. Ashman -Collins said it would. Mr. LeCesne said it would also apply in the TOD overlay district. Article 18 1Planning Board Article 41Signs Mr. Burke explained the Select Board has submitted an amendment to 230-4.7, Signs, to address temporary signs and digital message boards. He noted that as written, the article would allow digital message boards in any zone. Ms. Friedman asked about limiting it to commercial zones; Mr. Burke said that could be done with an amendment at Town Meeting. Public Comment Jill Keyes, 1 I North White Pine Lane, said some towns allow "sign districts." Mr. Burke said that could be done through an overlay district. Mr. Cerretani asked about making digital message boards a special permit use in commercial zones and not allowing them in residential zones. Ms. Ashman -Collins said she is not in favor of digital message boards, but said the board has allowed them at gas stations for employee safety. Mr. Burke said the discussion began with the issue of temporary signs on town -owned land. Mr. Schoonveld agreed. He said he has an issue with not allowing temporary signs within the town - owned right-of-way, which may be part of the front yard a homeowner maintains, and suggested an amendment to allow residents to put things like holiday decorations within the right-of-way on their lawns. Ms. Ashman -Collins said the issue is about commercial signs, not residential decorations. Mr. LeCesne suggested allowing a resident to install a Sign in' front of their house, but requiring a business to go to the Select Board to install a sign within the right-of-way. He said if the property is within the public way but not adjacent to a residence, the Select Board could sign off. Planning Board 5 10/13/21 Mr. Penney asked what impact this would have on A-frame/sandwich board signs; Mr. Burke said that is specifically allowed in another section of the by-law. Mr. Roche said there are existing digital message boards at the schools and public safety building, which are in residential zones. Ms. Ashman -Collins said the special permit process requires the board to consider impacts on the neighborhood. Mr. Cerretani suggested only allowing the use in commercial zones, and noted home -based businesses in residential zones are allowed to install traditional signs. Ms. Keyes suggested an overlay district for the schools and public safety building. Ms. Friedman said she does not think digital signs should be allowed in every zone Mr. Penney said there is an existing digital message board at Car Wash Pros on Chauncy Street; Mr. Burke said that has been there for many years. Mr. Penney said he understands there is.,a:need to discuss this issue, but said he is not comfortable amending this article at Town Meeting;rand suggested additional discussion. Mrs. Levine said she does not think there is a place for digital message boards in residential zones. She asked about signs that may not be "holiday" or "celebratory" signage, but that express the opposite. Mr. LeCesne said that would get into First Amendment territory, which goes beyond this article. Mrs. Levine said if we are concerned about illuminated signs, there should be some concern given to signs that create division and suggested a future article should include different types of signs. Mr. McClanahan suggested withdrawing the article. Rick Rosemark, 9 North White Pine Lane, said he is opposed to the article and would like to preserve the scenic nature of the town. Article 19 [planning Board Article 51 Educational/DayCare Facility Uses in Residential Zones Mr. Burke explained this came out of an unsuccessful citizens' petition at 2020 Annual Town Meeting and since then, he and the board have worked with a resident to draft this version of a by-law. He said town counsel has pointed out some places.in the draft that need improvement. He said there are three options — to go forward with the article as drafted, withdraw it, or work with town counsel to redraft it to avoid'legal 'Challenges. He'said counsel has suggested several changes, including the use of Floor Area Ratio rather than a hard number for the building size, and expressed concerns about a site plan regulation seeking to control Dover Amendment uses being subject to challenge. Mr. Burke said he could work with town counsel to rewrite the article and bring it to Annual Town Meeting in the spring. Planning Board 6 10/13/21 Public Comment Mrs. Keyes said at the last meeting, there was a discussion about removing the 2,500 square foot size. Mr. Burke said at 2020 Town Meeting, Attorney DeRensis explained these issues are challenged on a case -by -case basis. Mr. Burke said he would rather go to Town Meeting with something town counsel is comfortable with than try to amend the article on the floor of Town Meeting. Mr. LeCesne said some of the cases involving other towns say towns have the ability to regulate the use. However, he said he thinks town counsel is concerned that even if a town does have the ability to regulate the use, but the article is drafted such that it can be contested, the town will have to spend money defending it. Mr. Penney asked about withdrawing the article, getting written comments from town counsel and redrafting the article for Town Meeting. Mr. Burke said he, wouldn't want Town Meeting to adopt a by-law that is flawed, and if we know it is flawed, it should be corrected. Mr. Burke explained town counsel was concerned about issues. like the maximum square footage and a site plan provision specifically for church, day care and school uses. Mr. Penney noted the article had to be drafted early in order to get it on the warrant and to advertise the public hearing. Mr. Schoonveld asked if the changes would be significant enough to change the intent of what is being discussed at the public hearing. He suggested that rather than waiting another six months, the board review the its version and town counsel's version to see if they are significantly different. Mr. Burke said he thinks taking something the board knows if flawed to Town Meeting is disingenuous and noted there isn't time to rewrite the by-law and readvertise a new public hearing before the Special Town Meeting. Ms. Keyes said the Planning Board had agreed to sponsor the article for the Special Town Meeting, and said she could have filed a citizens' petition instead. Mr. Burke said a Special Town Meeting can be forced with 200 signatures, but it could not happen on November 4. Mr. Burke explained town counsel represents the corporate entity of Mansfield. Ms. Ashman -Collins said the paths forward include the Planning Board working on -the article and Ms. Keyes working on it as a citizens' petition. Mrs. Levine said if members of the Planning Board dire not'ooihfortable with the article, then whether or not 200 signatures are gathered to force a Special Town Meeting, it is still the same article. She asked why the board would encourage someone to pursue a Special Town Meeting, which will cost the town a lot of money. Mr. LeCesne said the board informed Ms. Keyes of her rights, it was not counseling her to take an action. Mr. Penney said she could amend the article. He said the board agreed to sponsor the article and hold a public hearing, which is what is happening tonight. Ms. Ashman -Collins said the board has discussed articles with residents in the past where the citizen decides to go their own way. Mr. Burke said if a Special Town Meeting were to happen, the Planning Board would still be obligated to provide a report. Planning Board 7 10/13/21 Mrs. Levine said she thought it would be far better to revise this and bring it back than to bring a flawed by-law to Town Meeting. She said she is concerned about the town's own schools being impacted by this by-law. Ms. Friedman said the board did not know until today what town counsel's concerns are, and said the board should work with counsel to develop the language. Ms. Ashman -Collins said limiting schools and day cares is not something the town discussed during the Master Plan process. Mark Larochelle, 19 JustinDrive,.asked why.town counsel could not have supplied comments earlier. Mr. Burke said he asked counsel to review the board's articlesto'day. Mr. Larochelle said it would make sense to have counsel work through the language, but said the reason for the article is allowing a Dover use for a for -profit business. Joe Mullins, 3 Knight Way, said this article has been before the board for six months. Mr. Burke said is not hue. Ms. Ashman -Collins said it is possible to make amendments on the floor as long as it does not change the intent of the article that went to public hearing. Mr. Cerretani said he thinks removing the 2,500 square foot building size would remove the teeth of the article, which would be significant. Ms. Keyes said the bulk and height of a building have to be in relation to the neighborhood, which could be at the discretion of the Planning Board. Mr. Cerretani said a lot could be much bigger than the other lots in the neighborhood. Fle said he isn't against some regulation, but without the square foot building size, he doesn't' think there is much left in the article. Ms. Keyes said the by-law includes screening regulations. Ms. Ashman -Collins noted there are landscaping and screening regulations in the site plan by-law now, but they are not one size fits all. Ms. Keyes asked if town counsel has read the other by-laws adopted by other towns. Emily Miller, owner of 19 Knight Way,{ said none 1.of the neighbors have talked with her about screening and said there is a.plan in place for landsdaping.and screening at her property. She said she plans to live there someday and she is already a taxpayer, anid she has sensitivity to her neighborhood and her neighbors. She said she is planning to install landscaping, but not during construction. Motion: To close the public hearing (Penney-Cerretani) All in favor. PASSES Motion: To support Article 15 (McClanahan-Cerretani) All in favor. PASSES Motion: To support Article 16 (McClanahan -Penney) All in favor. PASSES Motion: To support Article 17 (McClanahan-LeCesne) All in favor. PASSES Motion: To withdraw Article 18 (McClanahan-Bren) All in favor. PASSES Planning Board 8 10/13/21 Mr. LeCesne suggested signs existing within the right-of-way be "subject to" Select Board approval, which would allow the Select Board to decide when to require it. Ms. Bren suggested sending the Select Board some alternate language and working on a revision Motion: To withdraw Article 19 (McClanahan - Ms. Friedman suggesting talking with town counsel about working on the article to make it acceptable. Mr. Penney said he wouldn't want to have town counsel rewrite it, but suggested taking her comments and redrafting it.,;Mr. Cerretan suggested continuing the discussion and getting town counsel's comments, then deciding at the next meeting. Motion withdrawn. Motion: To continue discussion on Article 19 at the October 27, 2021 Planning Board meeting (LeCesne-Bren) Seven in favor. Penney opposed. PASSES Ms. Ashman -Collins thanked everyone who attended in person and virtually. Mr. LeCesne asked about the status of work on the intersection of Route 106 and Highland Avenue. Mr. Burke said there will be a public hearing on the 25% design for Route 140 to Copeland Drive in the near future. The surveying has been done from Copeland Drive to North Main Street, but one of the issues there is getting approval for the 25% design from Route 140 to Copeland Drive before doing the design from Copeland Drive to North Main Street. Mr. Penney said he heard the turning lane for Copeland Drive/Chauncy Street is scheduled for 2025; Mr. Burke said the town wants to move that up by at least a year and have the work done at the same time as Route 140/Copeland Drive. He said the roundabout.at,North Main Street is also at 25% design, and the town has commitments from some of the landowners to shift some property lines. Motion: To adjourn at 9:15 p.m. (McClanahan -Penney) All in favor. PASS Date of Next Planning Board Meeting: October 27, 2021 at 7:00 p.m. Signature of Cleric Date of Approval Yt. (3 ~ Planning Board 9 10/13/21