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HomeMy WebLinkAboutP{lanning 03/26/20250 10�7 l Ci ,« ;S OFFICF 1 8: 42 4ee iirig1AIIlute March 26, 202� Town of Mansfield 6 Pmk Rory, ,Hanrfeld,, dIA 02048 Meeting Held in Person in Meeting Room 3A/B Planning Board Present: Michael Feck, Chair; Sharon Friedman, Clerk; Joseph Cerretani; Ralph Penney; Michael McClanahan; Mark Corsillo and James Turnbull Sarah Raposa, Director of Planning & Development Priscilla McGill, Administrative Secretary Absent: Sreelatha Allam, Associate rye' Y(yp yr� �r Y .-- fA�{�, P„,�'^%� „':-' . „, '' ✓ e--'., a��',.���������i''.Yt�Y���i,�y���T.l w^%J"'�.,-..v..l!--=�•`rJ'- T'�`�JM. ✓ ^YN "'ice :. Mr. Feck called the meeting to order and read the introductory remarks regarding video recording. Regarding the application of Rich Homer and Nikki Ribeiro for a Special Permit and Site Plan Approval pursuant to Bylaw Sections 230-5.5, 230-5.3, 230-3.7.13, and 230-3.1.13 at 600 S. Main Street for the Adaptive Reuse of Historic Structures to create a resort -style kennel/dog daycare/boarding facility under the name Stone Dog Inn. The project site is owned by The Six Hundred South Main Street Realty Trust, Mary Bai Power of Atty. and is shown on Assessor's Map 036, Lot 011 within the Residential 2 (R2) zone. Present for the continued public hearing were: Attorney Michael Spillane representing the applicants, Rich Homer and Nikki Ribeiro, Applicants, and Craig Cygawrnoski, RIM Engineering. Attorney Spillane described the property and location of the buildings as depicted on the plans as submitted. He said that the applicants are seeking adaptive reuse of a historic structure, which requires review of specific criteria in order for the Board to grant the Special Permit. He then reviewed the criteria requirements of Bylaw Section 230-3.7.B. Attorney Spillane explained how his clients meet the bylaw requirements. The applicants will be living on the property in the existing house. The barn will be converted for use as the kennel. The blacksmith building will serve as offices and quarters for employees who will stay for the Planning Board Meeting Minutes 03-26-25 Page 1 of 10 overnight shrifts. The veterinary building will continue to be used in the same capacity. The applicants plan to work with a traveling veterinarian for services one to two days per week. The services would be for wellness checks only for dogs at daycare or boarding; no services to dogs that are not under their care. The outdoor dog play area would be on the side of the barn. This area would have a microbial artificial turf to alleviate dogs digging and make clean-up easier. There will be a dumpster for the dog waste, which will be picked up by an outside company at least once a week. The applicants would also like to use a portion of the property for an organic farm that would be owned and operated by the applicant's mother. They would also propose a one -day -per -week farm stand to sell the organic produce. Attorney Spillane said there is no significant traffic concern. There is a large turn -around on the property where cars will pull in, drop the dogs off, and pull out. An employee would come out to get the dogs. It is the same process for pickup. Regarding sound, the applicants, living on site, would be the closest to the dogs and would mitigate noise. The barn walls will have sound - dampening. The owner, Ms. Ribeiro, has owned and operated the Stone Dog hill in Norton for 17 years. She has developed a dog vetting process for behavior and barking. There will also be significant separation between the neighbors and where the dogs will be on the property. There will also be a reception area between the barn and the veterinary areas. The number of dogs is relative to the employee/dog ratio. Mr. Cerretani expressed that he likes the property and that it will remain in its current state with similar uses. It would be reused in the spirit of the property. He asked what responses they have received from abutters. Mr. Homer replied that they spoke with three direct abutters, closest to the outdoor area, and offered for them to visit the Norton site as it is in a residential area. They also offered for the abutters to directly reach out to the Norton neighbors for questions and feedback. Mr. Homer said that they also reached out to neighbors on Hall Street. Although there would be minimal impact, lie was not able to speak with all of them. He said that the larger outdoor area would allow them to break the dogs into smaller packs for a smoother operation. Ms. Ribeiro noted that the dog reservations are made in advance and that walk-ins are not allowed. The drop-offs are only one reservation at a time. A staff member would meet the clients to receive the dog at the entry. Mr. Corsillo noted that the Norton reviews are 4.9 out of 5. He expressed that this is a great use of the property and the existing buildings. Ms. Friedman asked if they anticipate future training at the facility. Ms. Ribeiro said they have considered hiring an outside trainer to work with the dogs. Ms. Friedman asked if the existing corrals will be used. Mr. Homer responded that they would be for personal residential use. They anticipate that the garden will be between the two corrals. Mr. Penney noted that the Town's animal shelter is to the East of this property through a wooded area. He expressed that this is a better use of the property than a subdivision, even though the Town does need housing. He asked what the dog cap per day would be. Ms. Ribeiro said that Planning Board Meeting Minutes 03-26-25 Page 2 of 10 they currently have 40-45 dogs per day at the Norton facility. Mr. Homer said that they have about 300 active clients at the Norton facility. Of those, 45 clients reside in Mansfield. They do not anticipate losing those clients, and this facility would be a nice transition for those clients. They anticipate a 10% yearly increase at the new facility. They also need to adhere to the State's 011ie's Law, which mandates kennel dog licensing, outlines regulations, limits the number of animals that can be housed, describes the staff to animal ratios, outlines injury reporting, and describes enforcement by municipalities. Mr. Homer said this facility would be larger than the Norton facility. They would also sponsor charitable events about a dozen times per year, which have a capped number of dogs attending. The events are not open to the public and are for dogs only, but people do make donations for the charities. During normal business hours, there would be three drop-off/pick-up times per day. Mr. Penney noted that a kennel is not allowed in the R2 district, but is allowed through adaptive reuse. Ms. Raposa noted that per the adaptive reuse bylaw, the applicant presents criteria as outlined in the bylaw, and it is the Board's discretion to allow it. Mr. Penney asked if they have considered a future animal hospital and what would prevent that. Ms. Ribeiro replied that they are not interested in an animal hospital. It was noted that the business would have to go before the Planning Board for that change. Mr. Penney said there is a need for this in Town, and the farm stand is a nice addition. Mr. Turnbull expressed that this is an excellent reuse of the property and there is a need for this in Town. He referenced the abutter letters in favor of the reuse. Mr. Feck agreed that this is a great reuse of the property. He asked if there is adequate parking. Attorney Spillane responded that, although not marked on the plans, the applicant proposes to add a residential driveway to the house off Hall Street. Mr. Feck suggested that a condition be added to the decision for the property to remain owner -occupied. Public Comments - Mr. Feck read the public comment notice. Craig Davis of 530 South Main Street, a direct neighbor, expressed concern about overnight dog barking, the number of dogs, and whether they would build a firture 2" d barn for dogs. Mr. Feck asked if the Board could add a cap for the number of dogs. Ms. Raposa replied that the board can add a cap with the ability for the applicant to return for a special permit modification for any expansion. Ms. Ribeiro responded that the dogs go out for their last bathroom call at 8:00 pm and are typically up between 4:00 and 6:00 am. There will be an employee on the premises all night with the dogs and a camera monitoring system. On average, there would be 10-15 dogs, with about 20 during school vacation weeks for overnight stays. The Board suggested a 60-dog cap. Mr. Homer noted that during events, there could be more dogs, but that they would work with the Dog Officer and inform her of the events and the number of dogs signed up. He suggested that these events could be a good litmus test for allowing more dogs at the facility. Ms. Ribeiro noted that at the events, there are dog activities and games. The proceeds go to the charity chosen for the event day. The events are strictly for the client's dogs. Ms. Raposa will draft the condition of the dog cap for the next meeting. Planning Board Meeting Minutes 03-26-25 Page 3 of 10 Peter and Denise Brown of 545 South Main Street, who live directly across the street. After speaking with the owners and visiting the Norton property, Mr. Brown did not have any issues and said it is a great use of the property. Ms. Brown noted that their son's dog attends the Norton facility and, they are all in favor of the reuse. Carolyn Sheehan, representing her mother, who is the current property owner. She spoke of the family and growing up at the property. The Stone Dog Ian's business motto is that all dogs would be happy, and they are happy to see that level of care. The property has been owned by dog lovers and has always had animals on the property. The family would not be in favor of someone tearing down the home to add multiple houses. The family is pleased with the potential adaptive reuse and supports the project. Mr. Feck said that Ms. Raposa would draft the conditions for the Board to review before the next meeting. Ms. Raposa noted conditions as: owner occupancy, cap on number of dogs, night potty breaks, charitable events, and the resident driveway and employee parking. Ms. Raposa also noted that the Town Engineer would need to have a final review and sign -off pursuant to impervious coverage discussions during the departmental review. Mr. Spillane said that new plans will be submitted to include the driveway, before the next hearing. Mr. Cygawnoski responded that the sewer line grading has been changed to meet requirements. He noted the conditions of the structures on the lot relating to drainage. He suggested adding a condition that, before the business opening, a Rill drainage study would need to be submitted. He explained the existing house sewer line and issues with it. The plan is to connect everything to a new sewer system. A new water service would service the three buildings. Mr. Homer said they plan to add one public ADA-accessible bathroom in the connector building. The events are for dogs only; no people at the events. Mr. Corsillo asked if there are concerns with noise from Xfmity or the airport that would affect the dogs. Ms. Ribeiro replied that they play background music for the dogs. The landscaper and dunipster company arrive by appointment only. During those times, the dogs would be inside. The landscape architect has designed street plantings, buffers, and fencing as sound buffers. Mr. Homer noted that the airport noise is residual and would not affect the dogs. Motion by Mr. Penney and seconded by Mr. Cerretani to continue the hearing for 600 South Main Street to April 9, 2025, at 8:00 pm. Seven (7) in favor, Zero (0) opposed, Zero (0) abstained PASSES Regarding the Zoning Bylaw Amendment to be considered at the 2025 Annual Town Meeting to rezone a parcel of land from its present classification of R-2 to the classification of I-1. Motion by Mr. Penney and seconded by Mr. McClanahan to not read the public hearing notice. Seven (7) in favor, Zero (0) opposed, Zero (0) abstained PASSES Planning Board Meeting Minutes 03-26-25 Page 4 of 10 Mr. Feck explained that the petitioner will present to the Planning Board. The Board then votes to make a recommendation to the Select Board. The final decision is made at Town Meeting by public vote. William Clenuney of 55 Fowler Street was present. He said that he has owned the property and houses for many years. The layout of the road was addressed when Erin Center was built in 2004. He described the lots, existing houses, and layout relating to the streets. The existing houses are occupied by either family or friends. There is no interest in rebuilding the houses as it is not a desirable area. He described the required setbacks to build on the property. He noted that this area is a major traffic thruway to the Town. He said that he did not feel that any commercial building built there would create additional traffic. Because of the curb cut and lot layout, a cluster or subdivision would not work, but they could build four single -house lots. He felt that the best use of the property is retail, which would also generate revenue for the Town. He said that an industrial zone is already across the street. Incorporating this lot into an industrial parcel would be the best solution since traffic and retail are already across the street. Any retail on the property would require a special permit that would address concerns. They would consider noise barriers, but that would be addressed by the special permit process. The abutting neighborhood on Casa Drive is surrounded by an industrial park and a busy road. He hoped that the Board would give a recommendation of support. Mr. McClanahan asked what they envision for retail. Mr. Clemmey replied that it could be office space, retail, or a small office building. Something that would be compatible with Erin's Center across the street. Drive -through is not allowed in I-1 zone, but fast food is allowed with a special permit. Mr. Clemmey noted that the maximum building size would be 15-17,000 SF based on the setbacks, curbing, and parking. Anything abutting a residential zone would require a 75-foot setback. The noise and sight barrier would be determined during a special permit review. The special permit process would help to alleviate the neighbors' concerns. Mr. Feck said that if the site were to be converted to an I-1 zone, a 50-foot landscaping buffer would be required within the 75-foot setback and would need to be approved by the Planning Board. Mr. Corsillo asked if there were any vacant spaces at Erin's Center, and when this had been previously before the Board. Mr. Clenuney replied that there are no vacancies and that he was before the Board in 2018 for this lot rezoning. Mr. Corsillo expressed concern for some of the by -right options allowed in the I-1 zone. Mr. Clemmey noted that the size of the site limits some industrial use. Mr. Cerretani said that the highest and best use at the site would be retail, not industrial. Mr. Corsillo asked if another zone could be used in lieu of I-1. Mr. Clemmey replied that B-4 is another option, but that would create spot zoning since there are no other B-4 lots abutting this lot. The I -I would be expanding the I-1 across the street. Mr. Clemmey clarified that they would have to work with the state for the curb close to the state highway intersection. The curb entry would not be off Route 140, it would be off West Street. Planning Board Meeting Minutes 03-26-25 Page 5 of 10 Public Conmients Ms. Friedman read a letter of opposition submitted by Cynthia and Brian Bisciotti of 30 Casa Drive. Wayne Lampron of 27 Casa Drive said that he purchased his house in 1997, knowing that the abutting property was zoned residential. He expressed that Mr. Clemmey wants to make money for his family and hoped that the Board would vote against the rezoning. Sandra Levine of 20 Walmrt Street said that petitions to rezone this land have been going on for nearly 20 years. She expressed that the change to I-1 would sandwich a zone within a zone and would create spot zoning. She expressed that a land owner could say how they want to use the land, but the Planning Board cannot hold them to that. The land owner can build what is allowed by the bylaw. Ms. Levine spoke about the history of the land and previous requests for rezoning by the applicant. She also spoke of the potential options for the zones and the need for housing. West Street is the barrier between Erin's Center and the applicant's parcel. Ms. Levine expressed her opinion that the parcel should not be rezoned. Michael Healey of 18 Casa Drive spoke in opposition to the petition and hoped that the Board would vote against it to keep the R-2 zone at that site. He expressed frustration that the same item has been requested many times before. Maryann Kiernan of 40 Casa Drive stated that her property abuts the applicant's property. She expressed concern with rezoning, traffic, and the future of the area, and was opposed to the rezoning. Carlos Santana of 106 Walnut Street expressed opposition to the rezoning. He was concerned with traffic and that the applicant does not have a specific plan at this time. He noted that it would be helpful to have a developer on board. The Board reiterated that they do not make the final decision on this petition. It is voted on at the town meeting. Joe Barry of 70 Walnut Street expressed concern that what would be built is unknown. He also expressed concern about a potential increase in traffic. An online resident, who lives across from Casa Drive, wrote expressing concern with their home's resale value. There was a brief discussion on the citizen petition process. Mr. Cerretani noted that the people in Town do look to the Boards for recommendations for guidance to make their decisions at Town Meeting. Michael May of 25 Casa Drive expressed that he was not in favor of the petition. Planning Board Meeting Minutes 03-26-25 Page 6 of 10 Mr. Clemmey thanked the Board for their consideration and reconmiendation as representatives on zoning and hoped they would do what is best for the Town. Motion by Ms. Friedman and seconded by Mr. Corsillo to not recommend approval of the proposed zoning bylaw amendment to rezone from R-2 to I-1. Mr. Corsillo expressed concern with certain types of uses near residential areas. He noted that the people abutting the property purchased their home knowing that they would be abutting a residential zone. He said that he is not in favor of the proposed change. Mr. Penney said that there is an assumption that residential and industrial use cannot coexist and felt that this is not the case. The area is surrounded by a business park, shopping, Route 140, and B-4 on the other side. He expressed that these uses can coexist. Some mechanisms can be put into place to buffer the residential neighborhood. Mr. Feck said that the property, as it exists, does not have legal mechanisms to provide buffers to the Casa Drive neighborhood. If the land is changed to 1-1 there would be enforceable requirements for a buffer. He also felt that industrial and residential can coexist. Four (4) in favor, Three (3) opposed, Zero (0) abstained PASSES Motion by Mr. Peumey and seconded by Ms. Friedman to close the public hearing. Seven (7) in favor, Zero (0) opposed, Zero (0) abstained PASSES RECESS 8:50 pm to 9:03 pm Regarding the Zoning Bylaw Amendment to be considered at the 2025 Annual Town Meeting to enact and locate a new Limited Business District (B-5). Mr. Feck recused himself from this hearing. Motion by Ms. Freidman and seconded by Mr. Penney to nominate Mr. Cerretani as Chair for this hearing. Six (6) in favor, Zero (0) opposed, Zero (0) abstained PASSES Motion by Mr. Penney and seconded by Mr. McClanahan to waive the reading of the public hearing. Six (6) in favor, Zero (0) opposed, Zero (0) abstained PASSES Attorney Chris Alphen of Blatman, Bobrowski, Haverty & Silverstein, representing the applicant, Sanuny Kanan. He explained that they are seeking to adopt a new B-5 district and noted the three proposed uses for the new zone as submitted in the citizen petition. Mr. Kanan owns gas station/store properties and seeks to do the same at the property at 465-500 School Street. He expressed that these types of services are needed in the Town and bring revenue to the Town. Planning Board Meeting Minutes 03-26-25 Page 7 of 10 Attorney Alphen said that this would not be spot zoning based on recent case law. He noted that if the zoning change is adopted, it would benefit the Town by service and/or financial benefit to the Town. It would be spot zoning if it only benefits the land owner and not the Town. Ms. Raposa said that, during deliberation, the Board could discuss the property history, size of the property, and current PBD zoning, which is more commercial use in nature, where it would not be considered spot zoning. She expressed concern with the future site plan considerations at the site. Mr. Cefretani noted that the water table is high there and asked if the gas tanks would be underground. Attorney Alphen responded that an intensive investigation would take place for tank placement. Mr. Corsillo suggested more investigation for the tank placement before making a zoning change for one site. Attorney Alphen said they perform pert tests to determine where the tanks will be placed. Mr. Kanan said new tanks are double -walled fiberglass with a 24-hour monitoring system. Attorney Alphen noted that even if a gas station could not be placed there, there are other retail and food uses, without drive-thru, that would be allowed. Mr. Kanan said they seek to have a gas station with a full convenience store. Ms. Friedman asked if another zoning district could offer the same, such as B-4. The current zone is PBD. Mr. Penny noted that a service station is not allowed in PBD, but is allowed in B-4. Mr. Corsillo noted that the proposed B-5 zone is more restrictive. Ms. Raposa reviewed the zoning table comparing the proposed zone with what is currently allowed in similar zones. Mr. Cerretani asked if this would be spot zoning. Ms. Raposa replied that as part of the Board's analysis of the request, the Board would need to consider overall master planning, the zoning bylaw, and how the change is beneficial to the public and Town. Attorney Alpen said that it is spot zoning only if the change is beneficial to the owner and not the Town, as interpreted by the courts today. Mr. Penney expressed that the property is currently non -productive and the change would benefit the Town. Mr. Corsillo asked if they would consider an EV station, and Mr. Kanan said yes. Mr. Turnbull said there is no active use at the site and agreed that the proposed use would be a benefit. Discussion ensued for alternative district options and uses at the site. Ms. Raposa said fixture zoning changes should begin with conversations with the people who want to make changes before it goes to the Board. Ms. Friedman again expressed concern with a new district just to satisfy a need. Ms. Raposa noted that if this petition is approved at Town Meeting, it can then be amended to conform to the bylaws, such as the inadvertent omission of signage. Planning Board Meeting Minutes 03-26-25 Page 8 of 10 Public Continent — there were no continents. Motion by Mr. McClanahan and seconded by Mr. Corsillo to support the petition for a new B-5 zone. Five (5) in favor, One (1) opposed, Zero (0) abstained PASSES Ms. Raposa clarified when a citizen petition can be resubmitted per MGL 40A Section 5. Craig Cygawnoski, RIM Engineering, was not present. Mr. Feck recused himself from this discussion. Ms. Raposa said that with the new bylaw changes for lot requirements of area and frontage, the lot can be subdivided. Motion by Ms. Friedman and seconded by Mr. McClanahan that the Planning Board endorse the ANR plan for the property located at 2 Erick Road, pursuant to MGL Chapter 41 Section 81P, as the plan does not constitute a subdivision under the Subdivision Control Law. The Board finds that the lots shown have the required frontage on Erick Road and meet the applicable access and lot area requirements. Six (6) in favor, Zero (0) opposed, Zero (0) abstained PASSES �- I,,...�.,..::.a: No discussion Letter ofSpport for Mansfield Economic Development Plan — One -Stop Grant Application Motion by Mr. Corsillo and seconded by Ms. Friedman to support and endorse the letter of support. Six (6) in favor, Zero (0) opposed, Zero (0) abstained PASSES Meeting Minutes for February 26, 2025 Motion by Mr. McClanahan and seconded by Mr. Corsillo to approve the minutes. Four (4) in favor, Zero (0) opposed, Two (2) abstained PASSES Meeting Minutes for March 12, 2025 Motion by Mr. Turnbull and seconded by Mr. Corsillo to approve the minutes. Four (4) in favor, Zero (0) opposed, Two (2) abstained PASSES Planning Board Meeting Minutes 03-26-25 Page 9 of 10 Planning Board lan sets for signatwe — 250 Balcom Street Plans were signed by the Board. Motion by Mr. Turnbull and seconded by Mr. Corsillo to adjourn at 9:45 pm Six (6) in favor, Zero (0) opposed, Zero (0) abstained PASSES The date of the Next Planning Board Meeting is April 9, 2025, at 7: 00 p. m. 4.�.2.0a Sharon Friedman, Clerk Date of Approval Documents Presented for the Meeting 1. Sarah Raposa, Director of Planning and Development meeting memo dated 3/26/25 2. Meeting Notice Agenda for 03/26/25 3. 600 S. Main St. application 4. Citizen Petition— William Clemmey 5. Citizen Petition — Sammy Kanan 6. Draft Meeting Minutes for February 26, 2025 and March 12, 2026 7. 250 Balcom Street plan sets for signature 8. 2 Erick Road ANR Plan Planning Board Meeting Minutes 03-26-25 Page 10 of 10