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HomeMy WebLinkAboutPlanning 04/13/2022Planning Board Meeting Minutes REEC EIVED April13, 2022 17 I_1' ', OFFICE MEETING HELD IN PERSON IN MEETING ROOM 11MICb P 2: 11 AND VIRTUALLY USING GOTOWEBINAR PLATFORM Present: Beth Ashman -Collins, Chair; Diana Bren; Sharon Friedman; RaPeii66 "Michael Feck; Michael McClanahan; Brendan Roche, Alternate and Adrian LeCesne, Alternate Shaun P. Burke, Director of Planning and Development Priscilla McGill, Administrative Secretary Absent: Joseph Cerretani, Clerk Mr. LeCesne attended the meeting remotely. Motion to appoint Ms. Bren as acting Clerk. (McClanahan -Penney) Roll call vote Brendan Roche — in favor Sharon Friedman — in favor Adrian LeCesne — in favor Ralph Penney — in favor Diana Bren — in favor Michael McClanahan — in favor Beth Ashman -Collins - in favor Seven (7) in favor, Zero (0) opposed, Zero (0) abstained PASSES Minutes — March 23, 2022 Motion to approve minutes as presented. (Friedman -McClanahan) Roll call vote Brendan Roche — abstain Sharon Friedman — in favor Adrian LeCesne — in favor Ralph Penney — in favor Diana Bren — in favor Michael McClanahan — abstain Beth Ashman -Collins - in favor Five (5) in favor, Zero (0) opposed, Two (2) abstained PASSES Planning Board Meeting 4/13/22 Page 1 of 5 131 Old Elm Street; Mary Bellavance, Owner; Hansen Assoc. LLC, Applicant Craig Cygawnoski of RIM Engineering was present on behalf of the applicant and stated that the property is owned by the Bellavance family trust. The land is on the corner of Williams Street and Old Elm Street with frontage on both roads. They are creating one lot to surround the existing house, and two new lots, one with frontage on Old Elm Street and the other with frontage on Williams Street. Mr. Cygawnoski referenced that the wetlands have been flagged and the Conservation Agent informally viewed the site and did not have any issue with the flagging locations. A utility access easement from Old Elm Street is proposed to reach the land on lot 1 to avoid crossing wetlands from Williams Street, but there will still be a smaller wetland crossing at this access point by way of a three-foot wide ditch with pipe and small box culvert. Mr. Cygawnoski said that the perk tests are completed and expressed that they could make two buildable lots. He noted that they have not formally submitted to Conservation, but the Conservation Agent has been to the site and has not expressed any issues and that the proposed area of work is outside the wetlands buffer. Ms. Friedman confirmed that frontage for the lots is adequate. Mr. Burke recommended endorsement of the plan. Motion to endorse the ANR plan dated March 28, 2022. (McClanahan -Penney) Roll call vote Brendan Roche — in favor Sharon Friedman — in favor Adrian LeCesne — in favor Ralph Penney — in favor Diana Bren — in favor Michael McClanahan — in favor Beth Ashman -Collins - in favor Seven (7) in favor, Zero (0) opposed, Zero (0) abstained PASSES Ms. Ashman -Collins reminded the Board of the joint meeting with the Select Board on April 20, 2022. Mr. Burke commented that joining him for the meeting will be Chris McDermott, Economic Development Director, and Arek Galle, BETA Group consultant. The discussion will be for whether or not the Select Board wants to opt in or opt out of the MBTA zoning. If the Town should opt out, the Town would then become ineligible for many State funded grants. The other focus is to have a public discussion so that when the Town Manager files with the MBTA on May 2"d there should be a sense of clear direction from both Planning and Select Boards. If the Town does want to move forward, it would then allow another full year to prepare zoning. Ms. Friedman inquired as to status of 177 Old Elm Street for Town First Right of Refusal. Mr. Burke said that his understanding is that no decision has been made. Brief discussion ensued for Planning Board Meeting 4/13/22 Page 2 of 5 total acres and positive aspect to acquire the land. Hardwood trees have been harvested and more likely the land would be left in its natural state for potential passive recreational use with trail development and would be subject to future grant application. Ms. Bren read a letter from the Select Board in reference to their April 6, 2022 meeting in which they voted for approval of three articles to Annual Town Meeting. Mr. Penney inquired about ramifications if the Town does not approve MBTA project. Mr. Burke stated that state grant funding would be denied. Mr. Burke also spoke of areas within the overlay district with the possibility of the Chocolate Factory being allowed to count toward requirements. Zoning bylaw public hearing Citizens Petition — To amend the zoning map to rezone the following parcels at Route 140/Chauncy Street/Walnut Street: Assessor's Map 20, Lots 147, 148, 197, 198, 149, 150, and 152 from their present classification of Residential 2 (R2) to Business 4 (B4); James Epstein, Applicant Motion: To open the public hearing (Penney -Roche) Roll call vote Brendan Roche — in favor Sharon Friedman — in favor Adrian LeCesne — in favor Ralph Penney — in favor Diana Bren — in favor Michael McClanahan — in favor Beth Ashman -Collins - in favor Seven (7) in favor, Zero (0) opposed, Zero (0) abstained PASSES James Epstein of 900 Maple Street spoke to the Board as owner/applicant for the petition to rezone family owned property. He stated that the parcels are difficult to sell due to their proximity to Stop & Shop and expressed his opinion that there is no impact to abutters. 7:33 p. m. Mr. Feck attended the meeting remotely. Sandra Levine of 20 Walnut Street clarified that Stop & Shop is not open 24 hours to the public. She also clarified that some direct abutters oppose the petition and spoke of previous requests for zoning change to the same area which were not approved in the past. Mr. Burke spoke of the definition of Zoning for Forestry as growing and harvesting trees within the site. Ms. Levine spoke of Mr. Epstein potentially selling cut wood, which should not be allowed in R2 zoning. She also referenced this rezoning request as "spot zoning" and spoke of the residential home values and density in the neighborhood. Wayne Lampron of 27 Casa Drive spoke of living in his home for over twenty years and fighting rezoning for all of that time. He also inquired about lot 151 to which Mr. Burke clarified that a part of lot 151 is included in the petition. Mr. Burke also clarified that the intensity of use in B4 zone has increased and is far greater now and this petition request would allow more dense commercial development. Mr. Burke further referenced the Citizen's Petition under explanation Planning Board Meeting 4/13/22 Page 3 of 5 of article summary referencing a maximum building of 30,000 square feet and that the petition was written prior to zoning change. Mr. Burke stated his confirmation with Town Counsel that based on a 1.5 FAR calculation which could allow for up to 150,000 square feet of commercial space and that this clarification would not be a substantive defect in the article. He further referenced the existing Stop & Shop building at approximately 75,000 square feet as a comparison to 150,000 that could be allowed. Ms. Ashman -Collins noted that recent work on the Master Plan was to allow for more commercial building density within the commercial zones and setbacks to abutting residential properties were increased. Mr. Lampron also expressed concern that approval of the petition would allow "spot zoning" and would only allow for additional sale money to the applicant but a decrease in property value to the abutting residential neighborhood. Mr. Penney inquired if the Citizen's Petition could be considered "spot zoning" and Mr. Burke stated that an argument could be made for it, but is ultimately determined by the Attorney General on an appeal in court. Ms. Levine spoke of the applicant's ability to change their land based on what is allowed in the current Zoning Bylaw in the Residential 2 zone. She further noted that the area has had homes for over 100 years and expressed further opposition to rezoning to B4. Mr. Epstein clarified that the area near Casa Drive was omitted from the petition to create a buffer zone. He also clarified that they no longer sell fire wood and that the family uses the wood for personal use only. Mr. Penney asked Mr. Epstein if he has an intended use for the land if rezoned. Mr. Epstein said that he does not at this time. He further expressed his opinion that by rezoning the properties it would increase their value. Ms. Taylor of 114 Walnut Street expressed concern that rezoning would directly impact her home with increased traffic, safety and accident impacts. Donna Linfield of 96 Walnut Street expressed concern with business rezoning in a residential area and traffic impacts. James Coffin of 14 Casa Drive noted that there are no sidewalks on Walnut Street, noted previous wood cutting concerns, and expressed concern with rezoning near a residential area. Michael Healey of 18 Casa Drive agreed with other residents' concern for rezoning. He also noted that PeaPod no longer operates at the Mansfield Stop & Shop location. Ms. Friedman expressed familiarity with the petition land and would be ready to vote. Susan Webster of 100 Walnut Street expressed concern with impact coming from Walnut Street relating to loss in property value. Mr. Penney and Ms. Bren expressed that after hearing public input, they could not support a zoning change and are ready to vote. Mr. Feck clarified that the B4 buffer zone is 20 feet and that no parking can be within the buffer strip. Mr. Roche said he is also ready to vote. Planning Board Meeting 4/13/22 Page 4 of 5 Motion: To Not Support the warrant article (Penney-Bren) Roll call vote Brendan Roche — in favor Sharon Friedman — in favor Adrian LeCesne — not in favor Michael Feck — not in favor Ralph Penney — in favor Diana Bren — in favor Michael McClanahan — not in favor Beth Ashman -Collins - in favor Five (5) in favor, Three (3) opposed, Zero (0) abstained PASSES Motion: To close the public hearing. (Penney-Bren) Roll call vote Brendan Roche — in favor Sharon Friedman — in favor Adrian LeCesne — in favor Michael Feck — in favor Ralph Penney — in favor Diana Bren — in favor Michael McClanahan — in favor Beth Ashman -Collins - in favor Eight (8) in favor, Zero (0) opposed, Zero (0) abstained PASSES Motion: To adjourn at 8:26 p.m. (McClanahan -Roche) Roll call vote Brendan Roche — in favor Sharon Friedman — in favor Adrian LeCesne — in favor Michael Feck — in favor Ralph Penney — in favor Diana Bren — in favor Michael McClanahan — in favor Beth Ashman -Collins - in favor Eight (8) in favor, Zero (0) opposed, Zero (0) abstained PASSES Date of Next Planning Board Meeting: April 27, 2022 at 7:00 p.m. Signature of Clerk Date of Approval 6-/?- f/ D Z 7— Planning Board Meeting 4/13/22 Page 5 of 5