HomeMy WebLinkAboutPLANNINGbrd_01092013 •
Planning Board Minutes
January 9, 2013 ; °ntLtr
-°— Present: Tom French, Chair, Beth Ashman-Collins, Clerk, Michael McClanahan ° 'an w
Donald Cleary, Ralph Penney, Cheryl Collins y F I C E
Alternates: Rod Oreste, Michael Feck 21,1( s ff P 2: 314
Shaun P. Burke, Director of Planning and Development, Jennifer Davis, Administrative
Secretary
1,; Meeting called to order at 7:00 p.m.
`Correspo.!tdtnce
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1. December 12, 2012 minutes
Motion: To approve as submitted
(McClanahan-Feck) Four in favor. Three abstained. PASSES
2. December 20, 2012 letters from Board of Selectmen reappointing Mr. Penney and Mr. Jodice
to the Planning Board
3. December 12, 2012 memo from Mr. Alves re: drainage work on Stearns Avenue/December
17, 2012 memo from Mr. Burke to Mr. Alves
3. Public Hearing notices—Attleboro, Sharon,North Attleboro
4. FAQ sheet from Mass Department of Public Health re: medical marijuana clinics. Mr. Burke
said the Department of Public Health will likely be regulating the law, which passed in
November 2012. He said this type of use is typically regulated solely by the state and not
locally. However, he said DPH has until May 1, 2013 to issue guidelines. Mr. Burke said
he has drafted a by-law similar to the Adult Entertainment by-law to require a special permit
and a certain distance from other uses. He said the town has a by-law regarding using
marijuana use in public, which this law will not change. He said Town Meeting would have
to adopt regulations, but the town cannot plan on what kind of regulations it is able to adopt
until DPH issues its guidelines. Mr. Burke said the draft by-law adds Medical Marijuana as an
additional use under Governmental, Institutional and Public Utility Uses; he noted if DPH
says towns cannot regulate the location of the use, the town will not be able to adopt by-laws.
He said he is uncomfortable with the idea of a moratorium, which is simply delaying the
decision. He said the draft by-law would allow a business like this in town, but the
setback requirements would keep it away from uses like schools and churches. Mr. Penney
noted the facilities are only intended to be dispensaries, like a pharmacy, where people would
pick up their prescriptions.
Mr. Burke said the B3 zone and a new B4 zone had been topics of citizens' petitions at the 2012
Annual Town Meeting. The articles failed, but he said there was some support for portions of
the proposals. This proposal would create separate two districts: the outlying business uses
would be called B4 and have the same density and uses as the existing B3 zone; the existing B3
uses would remain with increased density. The proposal would not change the Table of Uses or
height in the B3 zone, and does not introduce any new uses to the B3 zone.
Mr. Burke explained the B3 zone would be the Copeland/Chauncy corridor and the B4 zone
would be the outlying businesses. Mr. Jodice noted there were discussions during the Master
Plan process about the Copeland/Chauncy corridor being the first part of Mansfield many
visitors see. Mr. Burke said this is a very automobile-oriented area with a .25 FAR, so with
100,000 square feet of land area, the building could be 25,000 square feet.
This proposal is for an FAR of.60, which would nearly triple allowed density and allow two-
story structures, but without mixed-use so B3 would remain a business area. The new B4 zones,
"Village Business,"would retain the existing B3 uses and densities.
Mr. Jodice asked about density bonuses like the PBD by-law includes. Mr. Burke said that is
allowed as part of the downtown overlay district, but is not part of this proposal.
Mr. Burke said the existing B3 height restriction would remain, as would the parking
requirements.
Mr. Penney said this is identical to the citizens' petition, but with a slightly higher density. He
said the board supported the citizens' petition for the 2012 Annual Town Meeting. Mr. Burke
agreed, but noted there was a procedural defect at Town Meeting. He explained the proposed
map now clearly shows the B3 and B4 zones and the article addresses both zones.
Mr. Penney asked about the uses. Mr. Clemmey said the changes his proposal in 2012 included
gas stations, fast food and mixed-use. He noted there are residential areas abutting most of the
Copeland/Chauncy area now and said he thinks in certain places, mixed-use could work. Mr.
Burke said he thinks the residents were also concerned about gas stations and fast food uses,
even though those uses are already there. Mr. Clemmey noted the Zoning By-Law addresses
drive-through uses better than it used to by requiring properties to have sufficient queuing areas.
Mr. Burke said there are also issues with noise and odor from fast food uses. He said he does not
want to encourage the town to amend the Zoning By-Law to allow fast food or coffee shops with
drive-through because those types of uses do not generate revenue for the town.
Mr. Jodice asked what kind of businesses could be constructed in the B3 zone; Ms. Ashman-
Collins said larger retail or office businesses would be allowed. Mr. Jodice asked if a restaurant
would be allowed; Mr. Burke said it would be, but a drive-through would not be allowed. Mr.
Jodice said allowing mixed-use is a good idea; Mr. Burke said that is allowed downtown, which
helps to keep downtown vibrant. Ms. Ashman-Collins said the fiscal impact of allowing more
large multi-family development would be huge. Mr. Burke said there are 62 parcels in the
Copeland/Chauncy corridor, some vacant and some with buildings. He noted the additional FAR
would allow existing single-story buildings to expand to a second floor.
Mr. Cleary said the point is to separate the outlying "Village Business" areas from the
Chauncy/Copeland area and to allow those businesses to expand. Ms. Collins said she likes the
idea of protecting the outlying business areas. Mr. Penney said he would like to hear from B3
property owners.
Ms. Ashman-Collins said she likes the idea of leaving as much land as possible zoned business.
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Mr. McClanahan said he would not be opposed to mixed-use with a special permit, which would
allow the board could look at applications on a case-by-case basis.
Mr. Penney noted the frontage requirement has been kept at 100 feet in this draft. He asked if all
of the 62 lots in the Chauncy/Copeland corridor have 100 feet of frontage. Mr. Burke said he
would look at that. Mr. French said it might be possible to combine abutting lots without
adequate frontage.
Consensus was to support the draft by-law. Mr. French noted there will be a public hearing on
each of the zoning amendments.
Mr. Clemmey said he thinks the B3 abutters were more supportive of allowing mixed-use asked
if it could be added at Town Meeting. Mr. Burke said mixed-use could be added because it
would make the by-law less restrictive. Mr. French asked if the by-law can be changed to add
mixed-use after the public hearing, but before Town Meeting; Mr. Burke said he thinks it can be,
but he will look into it.
Site PlanReview North Common Redesign—Town of Mansfield Engineering,
Department
Town Engineer Rick Alves explained the redesign plan for the North Common. The plans have
been reviewed by staff and there are no outstanding comments. Mr. Alves explained MMED
will be installing an electric duct bank in the spring, which is not part of this project.
Mr. McClanahan asked where the funding is coming from. DPW Director Lee Azinheira
explained the funding is not in place right now, but the project is part of a long-term plan that
may take several years. Mr. Alves said he will lay out all the structures, so when MMED puts in
their duct bank, they will be placed properly. Mr. Azinheira said several trees will be removed,
and he will hold public hearings under the shade tree act.
There are no outstanding department head comments.
Board Comment
Mr. Cleary asked how many benches would be added; Mr. Alves said the number of benches has
yet to be determined. Mr. Burke said the idea is not to lose benches or trees while leaving plenty
of open space. He said when the project is built out, there should not be a net loss in either
benches or trees.
Ms. Ashman-Collins asked about the veterans' memorial; Mr. Alves explained the final location
has yet to be determined.
Mr. McClanahan asked how tall the flagpole will be. Mr. Alves said it is about 80 feet, and if it
was any taller, it would have to be steel.
•
Mr. Penney asked about sprinklers; Mr. Azinheira said they would be installed. Mr. Penney
asked about rain sensors. Mr. Azinheira said if is tied to the town's system, it will have rain
sensors. Mr. Penney asked about the walkway design; Mr. Alves said he tried to keep to the
existing walkways and handicapped accessways.
Mr. Jodice said this is a great idea and will be more inviting for redevelopment in the north end
of town.
Motion: To send the Building Inspector a positive recommendation
(McClanahan-Jodice) All in favor. PASSES
Motion: To send the Board of Selectmen a positive recommendation as municipal
clearinghouse (McClanahan-Penney) All in favor. PASSES
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Town Engineer Rick Alves explained the plan to redesign the intersection and the public parking
area in front of 214 Rumford Avenue, which currently has 24 parking spaces. With the redesign,
it will have 36 spaces. Mr. Alves explained the plan is to add a 90-degree turning radius, which
will force drivers to slow down. There are multiple catch basins on site; one will be replaced
with a leaching pit, which will handle the additional impervious material.
Mr. Alves explained he laid out a mock intersection and MMED and the Fire Department are
satisfied they will be able to maneuver their equipment around the new turn.
Mr. McClanahan said this would be a vast improvement over the existing conditions because of
the speed at which drivers drive from North Main Street to Thomas Street to Rumford Avenue. .
Mr. Alves said there will be no loss in train station parking.
Mr. French asked if there is parking on the 18-foot section of Old Colony Way. Mr. Alves
explained there is no parking allowed there now, and said they could add some No Parking signs.
Mr. French asked if the tower truck can make the corner; Mr. Alves said the tower truck was not
available the day they did the test run, but the Fire Department feels it will be able to make the
turn. He said the existing island will be removed.
Ms. Ashman-Collins said this will improve pedestrian safety.
Mr. French asked if a car will be able to park in the first space in the 214 Rumford Avenue lot.
Mr. Alves said he would check that.
•
Mr. McClanahan said this redesign is going to help train station traffic and increase pedestrian
safety.
Mr. Cleary asked if the parking area in front of 214 Rumford Avenue will be public parking; Mr.
Azinheira said it is a two-hour public parking zone. Mr. Burke noted the 214 Rumford building
has its own parking behind the building.
Mr. Alves said there is a fire hydrant shown on the plan, which is to be installed by the 214
Rumford Avenue developer. Mr. Azinheira said the town is also working on an agreement for
the 214 Rumford Avenue developer to resurface the parking area.
Mr. Jodice asked about subcompact parking spaces; Mr. Alves said the ten spaces for train
station parking are subcompact.
Mr. Burke said staff has met on this plan a number of times and there are no outstanding issues.
Motion: To send the Building Inspector a positive recommendation
(McClanahan-Jodice) All in favor. PASSES
Motion: To send the Board of Selectmen a positive recommendation as municipal
clearinghouse (McClanahan-Jodice) All in favor. PASSES
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The clerk read the public hearing notice. Mr. French explained how the public hearing would be
conducted.
John Pritchard, MPM Builders, explained the request to remove 21 feet of stone wall along
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Gilbert Street for the driveway opening of the new house. He said there is an existing break in
the stone wall, but they would like to move the driveway further from the wetland area. The
gaps in the stone wall will be replaced and no trees will be removed.
Mr. French asked about visibility from the driveway; Mr. Pritchard explained visibility would be
improved with the new driveway location.
Mr. Jodice said he has a problem with making the developer putting the stones back into the
radius. Mr. Pritchard said he would rather not do that, but said he would use the stones to fill in
the existing gaps in the stone wall. Consensus was to leave the decision about whether to reuse
the stones in the driveway up to the developer, but to require him to fill in the existing gaps in
the stone wall.
Motion: To approve the scenic road application to remove 21 feet of stone wall along Gilbert
Street for the driveway opening for Lot 4 Gilbert Street
(McClanahan-Penney) All in favor. PASSES
Motion: To close the public hearing (McClanahan-Penney) All in favor. PASSES
III _
8. Public Comment
Mr. and Mrs. Todd, True Value Hardware, presented the following list of suggestions from the
Downtown Business Association:
1. A directory at the lights at either end of the downtown
2. A-frame signs in front of a business (these would have a size restriction, possibly hey
would need to be weighted)
3. What are the regulations pertaining to the number of signs? Do you count awnings, or
window lettering?
4. Sings perpendicular to the building
5. Signage on Old Colony Way
6. Downtown businesses under the overpass
7. Christmas lights in the downtown between the traffic lights
8. The shrubs around the clock are a visual blockage as you go from Old Colony Way to
North Main Street
Mr. Penney said some of the items are simple, like signage, and would be a good way for the
town to help the downtown businesses.
Mr. Penney suggested looking at specific downtown sign by-laws. Mr. Burke said the Zoning
By-Law could be amended to address downtown signage, but noted there is a provision in the
General By-Law prohibiting sidewalk-blocking signage. Ms. Collins said the sidewalks
downtown are varying widths, which can be a problem when placing anything on the sidewalk.
Ms. Ashman-Collins suggested the signage not be allowed to stay out overnight.
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Mr. French said the board will talk about B1 and B2 on January 16 and invited the Downtown
Business Association members to attend. The Downtown Business Association invited Mr.
Burke and Mr. Riccio to its February 6 meeting.
Mr. Penney suggested talking with Mr. Annino about designing downtown directory signs.
Mr. Cleary asked if the town owns the underpass and can put signage there; Mr. Burke said the
town owns the underpass; Mr. Cleary suggested combining a business directory sign with a
directional sign.
Mr. Jodice suggested the Downtown Businesspeople talk with the building inspector about
signage requirements.
9.Around the Table
Mr. Feck said the board should keep an open mind about allowing mixed-use in the B3 zone.
Ms. Collins suggested getting the Keep Mansfield Beautiful committee on the same page with
the Downtown Business Association about downtown signage.
Mr. Oreste said A-frame signs are a good idea for downtown, but he said he understands the
concerns about signage blocking the sidewalks. He asked if the signs that sometimes appear in
the median on Route 140 are allowed; Mr. Burke said those signs are not allowed.
Mr. Penney asked about reaching out to the Cabot Business Park owners about the board's
proposed changes. Mr. Burke said the most appropriate way would be through the Board of
Selectmen or the Town Manager's office. Mr. Penney said the business park is a large part of
the town's tax base, and the Board of Selectmen used to meet regularly with park management,
which the business park no longer has.
Mr. Penney asked about sign requirements for the business park and why there are so many
variance applications for signs. Mr. McClanahan said that may be because of the size
restrictions. Mr. Burke said Mansfield has always been conservative in the size of signs it
allows. Mr. Penney said signage is very important to business owners and the town should listen
to the owners' concerns. Mr. Burke said he agrees the downtown business owners have different
signage needs than businesses in the Chauncy/Copeland corridor.
Mr. Penney asked about combining the B1/B2 zones, eliminating rowhouses and requiring retail
on the first floor.
Mr. Penney asked about posting the proposed by-law amendments on the town's website. Mr.
French suggested the website needs to be updated.
Mr. Penney asked about changing the residential compound regulations; Mr. French said the
board should have that discussion.
Mr. Penney asked about requiring more special permit uses. Mr. French said when the board has
discussed that in the past, business people have been concerned the Planning Board would have
too much power. He noted the board is planning to discuss site plan review/approval.
Ms. Ashman-Collins asked if Planning Board members are considered "special employees;" Mr.
Burke said they are not.
Mr. Jodice said when large trees are removed on a scenic road, a comparable tree cannot be
replanted, so developers should be required to either plant additional trees planted or donate to a
tree planting fund. Mr. French asked what would have to be done to change the scenic road by-
law. Mr. Burke said scenic road is in the General By-Law, which would require a public hearing
and Town Meeting approval.
1.0. 4sjjournmon
Motion: To adjourn at 10:00 p.m. (McClanahan- ) All in favor. PASSES
Next Planning Board meeting: January 16, 2012 at 7:00 p.m.
Signature of Clerk Date of Approval
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