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Planning Board Minutes
March 11,2009 ,_i'lED
Present: Tom French, Chair; Beth Ashman-Collins, Clerk; Doug Annino, Michael;:-f ICE
McClanahan, Tony Jodice, Donald Cleary, Olivier Kozlowski, Alternate
Shaun P. Burke, Director of Planning and Development
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1. Meeting called to order at 7:30 p.m.
I 2. Correspondence
1. Minutes February 25,2009
Motion: To approve as submitted (Annino-Jodice) Six in favor. McClanahan
abstained. PASSES
2. ZBA application for Finding - 9 Lawndale Road. To add a two-car garage with a
bedroom above on a pre-existing, non-conforming house. Mr. Burke said the house
was built prior to 1975, and the addition will create any additional non-conformity.
He recommended sending the ZBA a positive recommendation. '
Motion: To send the ZBA a positive recommendation because the addition will be
within the existing footprint, and because the sideyard is so large
(McClanahan-Annino) All in favor. PASSES
3. ZBA decision - 26 Aspen Street -lot width - Granted (positive recommendation)
4. Information from Leonard Flynn re: Community Planning Act and Land Use
Partnership Act
5. The Beacon
6. Mass Development Annual Report
Mr. Burke presented the board with a memo and two draft Zoning By-Law amendments
for Annual Town Meeting. The warrant is closed, and there have been no citizens'
petitions for zoning amendments. Mr. Burke said the board will likely be asked to
comment on the easement for the Mansfield Marketplace traffic light maintenance.
Mr. Burke explained the two draft by-laws are the FEMA-required changes to the flood
plain map and associated by-laws and a new gap in wireless coverage by-law. Mr. Burke
said the new flood plain maps are based on Mass GIS and will be county-wide, rather
than by town. Mr. Burke said the draft maps came out in May 2008, and the final maps
become effective July 7,2009. The map and by-law have to be adopted with the July
effective date, so Town Meeting will have to adopt it even though it will be prior to July.
Mr. Burke explained the gap in wireless coverage came about as a result of the cell tower
decision on Gilbert Street, where the court is requiring the town to grant the permit for
the tower. Federal law trumps state or local law, and wireless towers come under the
Federal Telecommunications Act. The proposed by-law is for a Planning Board finding
for a gap in wireless coverage; if an applicant can demonstrates a gap in coverage, the
board can issue a special permit provided the applicant meets 5.5, Special Permits and
3.7.1, Wireless Communication Facility. Mr. Burke said he hopes this would avoid
future litigation. Mr. Jodice asked how the town could be sure the applicant's radio
frequency engineer is accurate. Mr. French suggested adding peer review to the by-law.
Planning Board
3/12/2009
I 3. Form A (ANR) Plans
4. Special Permit Public Hearing - 241 Francis Avenue - MWWC, Inc. - Retail Use
in 12 Zone
Chris DePierro and Kelly Martin, MWWC, Inc., presented revised plans showing the
handicapped ramp, landing, leveling area to break up the rise, a note indicating the steps
will be rebuilt, and exterior light packs.
Mr. French explained five positive votes are required for this special permit to be
approved, and there are only five eligible members present. He asked Mr. DePierro ifhe
would like to move ahead; Mr. DePeirro said he would.
Motion: To approve the special permit application to operate a retail wine store in 1,719
square feet of the existing building at 241 Francis Avenue (Assessor's Plat 30, Lot 71) in
the Industrial 2 (12) zone with the following conditions:
1. Sheets 1 and 2 of "Site Plan of Land for 241 Francis Avenue in Mansfield, MA" dated
December 16,2008 and revised February 16, 2009 and March 3,2009, prepared by
RIM Engineering Co., Inc.are incorporated into this special permit decision by
reference and shall be recorded with the special permit decision.
2. All above-referenced department head comments shall be satisfactorily addressed
within the 20-day appeal period.
3. All changes to the plans shall be made within the 20-day appeal period.
4. Any public safety concerns about the addressing of this business shall be
completely satisfied within the 20-day appeal period.
5. Any expansion beyond the 1,719 square feet approved in this special permit shall
require a modification to the special permit.
6. This special permit is issued to the applicant, MWWC, Inc. only. Any change in
ownership or tenancy will require a new special permit.
7. If the applicant seeks any signage variances from the Zoning Board of Appeals, and
should reliefbe granted, the applicant must return to the Planning Board for review,
which may include a public hearing to revise or reissue this special permit.
8. Hours of operation for the retail store shall be limited to Monday through Friday, 10
a.m. to 4 p.m.
(Annino-Cleary)
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Jodice - In favor. The project will have a neutral impact on health, safety and general
welfare, will have no negative effect on the neighborhood or the physical environment,
will have adequate municipal service, and will have a positive impact on the tax base.
Cleary - In favor. The benefits outweigh the detriments, the project will be consistent
with the building's use, the changes to the plans will protect customers, the business will
have a fiscal benefit to town.
Annino - In favor. I do not think the project derogates from what is in the neighborhood.
I am still concerned about pedestrian traffic, but that has been mitigated with the parking
spaces relocated closer to entrance. This will result in a fiscal benefit to the town.
Ashman-Collins - In favor. The benefits outweigh the detriments, it is good to see a new
tenant in an older building, and the renovations will result in improvement to premises.
French - In favor. The changes to the parking spaces and handicapped ramp address the
pedestrian safety issues, the use is appropriate to the neighborhood, there are adequate
municipal services and the development will have a positive fiscal impact to the town.
5 in favor. 0 opposed. PASSES
Motion: To close the public hearing (Annino-Cleary) All in favor. PASSES
I 5. Master Plan Discussion
Mr. Burke presented the board with a draft of the downtown overlay district. He said
there will not be time to complete it in time for the Annual Town Meeting, unless there is
a Special within the Annual. He said when it is presented to Town Meeting, it should be
a complete package.
The draft defines downtown overlay district using Figure 1-6 from the Master Plan.
The board reviewed the draft, including the density incentives like Floor Area Ratio and
less required parking, TIF-style financial incentives, loans, or linkage from business in
other areas of town to downtown.
Mr. Jodice asked if incentives in the linkage section should be encouraged in renovations
as well as new construction. Mr. Burke said he wouldn't want to create a disincentive for
people to maintain their buildings. Mr. Jodice suggested it could be as simple as giving
an incentive to a building owner who doesn't use vinyl siding. Mr. Burke suggested in
the section about "normal and ongoing building maintenance," an incentive could be
introduced that if the owner begins to bring the building up to the design standards on a
renovation, they get something small like a break on the building permit.
Mr. Jodice asked about the numbers in the FAR schedule. Mr. Burke eXplained that one
of Kevin Hively's points during Master Plan was that it should be more desirable from a
density perspective to have your business downtown than in outlying business districts.
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One way to do that would be to reduce FAR in those outlying districts, but if owners still
want to build in an outlying district, allow an increase in density as long as they put the
value of the difference of by right and by linkage into a fund for things like sidewalks and
lighting downtown. That way, even if downtown doesn't get the business, it will still get
some benefit.
[Mr. Kozlowski arrived at this time]
Mr. Jodice said the linkage section says the "Planning Board may grant a special
permit. .." and asked how the board would be able to determine how many "credits" a
developer has earned. Mr. Burke said he has looked at similar by-laws, and some are
very specific about certain uses earning certain points, but this draft does not have that
level of definition. Mr. Jodice said he would be concerned developers will think that if
they do certain things, the board will be obligated to grant the special permit. Mr. Burke
said that is why the section says "may."
Mr. French said Section 4.2.2, which lowers FAR by right in the 11 zone, will be
controversial. Mr. Burke agreed and said the idea is to help downtown. Mr. French said
he didn't know ifhe wants to discourage retail development outside of downtown in this
economy. Ms. Collins said this wouldn't prevent retail outside downtown, but would add
the linkage factor.
Mr. Annino asked where the money from linkage would go. Mr. Burke said it would go
into the downtown business district fund, which would have to be created. He said the
Board of Selectmen would probably manage it, because the Planning Board doesn't have
the ability to spend money. Mr. Annino said he would be concerned about people who
aren't involved in the process managing the money. Mr. Burke said there could be
another committee formed just for this.
Mr. Annino asked if LEED silver, gold and platinum levels would be too much. He said
he wouldn't want the standards to be so high that noone would even attempt it. Mr.
Annino suggested the density bonus could be set at Certified, but as the development
becomes "more LEED," there could be additional bonuses like reduced water/sewer
connection, electric department connections and permit fees.
Mr. Annino said #5 excludes single use developments. Mr. Burke said that was intended
to exclude apartment buildings and encourage mixed use, but not to exclude single use
businesses.
Mr. Cleary asked if the Capital Improvement Fund exists. Mr. Burke explained the town
adopted legislation allowing the creation of this kind of fund, into which towns can put
money for specific purposes. He said the account doesn't currently exist; Town Meeting
would have to create it specifically.
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Ms. Collins asked if there should be bonuses for LEED certified buildings throughout
town, not just downtown. Mr. McClanahan said there are a lot of rebate programs
available for retrofitting buildings.
Mr. Annino asked if the board should invite someone from the downtown business
association to a meeting. Mr. Burke said he would work on the draft and send a copy to
the downtown business people before inviting them in.
I 6. Public Comment
I 7. Around the Table
I 8. Adjournment
Motion: To adjourn at 9:15 p.m. (McClanahan-Jodice) All in favor. PASSES
Next meeting: Wednesday, March 25, 2009 at 7:30 p.m.
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Signature of Clerk
3-25-09
Date of Approval
Planning Board
5 3/12/2009