HomeMy WebLinkAboutPLANNINGbrd_02132013 Planning Board Minutes
February 13,2013
Present: Tom French, Chair, Beth Ashman-Collins, Clerk, Tony Jodice, Donald Cleary, Cheryl
Collins
Alternates: Rod Oreste and Michael Feck
Shaun P. Burke, Director of Planning and Development; Jennifer Crotty Davis, Administrative
Secretary
1 Meeting called to order at 7:00 pan.
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1. February 6, 2013 minutes
Motion: To approve as submitted (Jodice-Collins) Five in favor. Oreste abstained. PASSES
2. ZBA application for special permit—68 Spring Street Change, Extend, Alter a Pre-Existing,
Non-Conforming Use—James Lazzara
Mr. Burke explained the application is to expand the non-conforming use by using the
existing garage as a clubhouse and to construct a larger garage for resident parking. The site
was granted a special permit for the expansion of a pre-existing, non-conforming use by the
Zoning Board of Appeals.
Motion: To send the ZBA a positive recommendation because the proposal would be
consistent with the existing use on the site and no new impervious surface will be added.
(Ashman-Collins-Oreste) Five in favor. Jodice abstained. PASSES
3. The Beacon
4. Public Hearing notices—Attleboro
5. February 13, 2013 email from Miryam Bobadilla, OCD to Mr. Burke re: available Primary
Development Fund money for the civic engagement portions of the train station
access study. Mr. Burke said this funding would be a good way to supplement the money the
town already has. He said he has also been contacted by Bill Reyault from DHCD
about a grant program his department has to support zoning changes that increase density,
which may fit into the TOD zoning changes. Mr. Reyault has offered to meet with the board
to discuss the program. The board discussed inviting Mr. Reyault to the March 13 meeting.
Tom..
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Downtown Signage Discussion with ZBA- John McKenna and Elisabeth Garber-Miller, ZBA
Mr. French asked what kind of variances the ZBA typically sees; Ms. Garber-Miller said signage
variances are rare, and the issue is usually public safety. Ms. Garber-Miller said the ZBA rarely
sees variance applications for downtown businesses. Mr. French asked about the Copeland
Drive area; Ms. Garber-Miller variance applications for businesses in in that area are rare. Mr.
French asked about the Cabot Business Park; Ms. Garber-Miller said the ZBA denied an
application from Yale Electric last year, which wanted a larger percentage of retail than allowed.
She said at the time, the building was for sale, and the board was concerned about subsequent
tenants' plans and about changing the character of the business park with too much retail.
1 Planning Board February 13, 2013
•
Mr. McKenna said most of the applications the ZBA sees are residential. Ms. Garber-Miller said
there are a lot of non-conforming houses in town, especially in the downtown area. Ms.
Ashman-Collins said it might be worth looking at zoning for the downtown area that would
allow new construction to be built similar to existing, older houses, which are closer to the street
and have smaller setbacks.
Mr. Jodice asked about the things the two boards disagree on. Ms. Garber-Miller said the ZBA
considers the Planning Board's recommendation, even if it does not always follow it. Mr. Jodice
asked if there is anything the ZBA would like to see in the Zoning By-Law that would help it in
its decision-making process. Ms. Garber-Miller said abutters have different opinions about what
is important, such as aesthetics, which is not necessarily what the ZBA has to look at. She said
the Planning Board's recommendations often mention that type of issue, which is a second layer
of review. She said by the time something gets to the level of the ZBA, it is usually a very
specific item from which an applicant seeks relief, while the Planning Board looks at entire
projects.
Mr. French said the Planning Board makes its recommendation based on the plan submitted with
the application, which does not always show details like abutting properties and location of
septic systems. He said the board is sometimes uncomfortable sending any recommendation on
a plan like that. Ms. Garber-Miller said when it receives plans like that, the ZBA will ask for
revised plans during the public hearing.
Ms. Garber-Miller said the ZBA would like to discuss accessory buildings with the Planning
Board at some point in the future.
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6. Plainridge Park proposal—Mr. Burke said he attended a meeting with representatives of
Plainridge about the proposed expansion of the racetrack. As part of the licensing
application, the applicant has to meet with surrounding communities, especially about traffic.
Mr. Burke said part of the proposal is to change the Route 495/Route 1 exchange and add a
signalized intersection. He said this is likely to be a day trip destination, like Twin River,
rather than a weekend destination, like Foxwoods. He said based on the presentation, he does
not think there will be much impact on Mansfield; he said the proposed expanded building
will be smaller than the Target store across Route 1. Ms. Ashman-Collins asked about the
impact on dark skies and asked Mr. Burke to communicate the board's concerns
with light pollution while maintaining adequate lighting for safety.
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Transit-Oriented Development
Mr. Burke said the Planning Board has been discussing this area since the EPA's grant-funded
cleanup of the Hatheway-Patterson site. Before the cleanup, the board had looked at Transfer of
Development Rights in the train station area, which the board did not take to Town Meeting. He
2 Planning Board February 13, 2013
•
Meeting. He said TDR was a way to reuse underutilized, previously disturbed, sites, but was
unsuccessful because it was seen as focusing too much urban density near the train station. The
EPA cleaned the site to a commercial level, rather than a residential level. The town received a
grant from DHCD in 2006, at which time the board began to look at TOD zoning, but which lay
dormant because of access issues, until the last year. In 2012, Annual Town Meeting voted to
fund the access study.
Mr. Burke distributed a February 13, 2013 draft with a new draft map. He said the first map he
prepared was a circle describing a 10-minute walk in all directions; the February 13, 2013 map
includes the six access options the board has been discussing. The map goes up County Street to
include the grade crossing and the Rumford River backwash, but excludes the residential
properties except the four business-zoned properties north of the train station on the eastern side
of the track, then goes southeasterly along the town parking lot, and back up Highland Avenue
behind the Jeep dealer. The map does not include the two houses behind the Jeep dealer. The
map includes the area behind Cleveland Twist, follows Howe Street, but not include the
residential properties on Howe Street. Mr. Burke said the map excludes those residential
properties because the stakeholders should be involved in what is and what is not included.
Mr. Burke asked if the board wants to continue calling the district a"revitalization" district; he
said that is a value-laden title that may imply something is wrong with what is there now. Ms.
Ashman-Collins suggested the "Mansfield Station District." Mr. French said it would be
important to get the residential owners' input before defining the district. Mr. Burke said
involving the public would be a good way to provide residents with information rather than
rumors; the intent is not to destroy the neighborhood, but to add value to the town. Mr. French
said he is glad outlying areas have been included on the draft map because the redevelopment
potential of some of them is less dependent on finding a second means of access. Mr. Burke said
there is a significant amount of industrial land adjacent to the tracks and residential areas that are
not dependent on access from Route 106 or Highland Avenue, which could be developed
independently.
Mr. Oreste asked if anyone has expressed an opinion about the impacts of this on the downtown
area. Mr. Burke said he spoke with someone today who owns property on the north side of
Route 106 who suggested not allowing restaurants on the west side of the tracks because it would
take away from downtown businesses. Mr. Burke said he doesn't think TOD could be successful
without restaurant uses; however, he said he wouldn't want to see chain restaurants or fast food
architecture. Ms. Garber-Miller said services for commuters, like take-home meals, were part of
the Master Plan recommendation. She said there shouldn't be anything to prevent existing
restaurants in town from opening small outlets in new area, which would be good for business.
3 Planning Board February 13, 2013
The board discussed what the limits of the district should be and how far from the station it
should reach. Mr. Burke said there should be public involvement about that decision.
Mr. Burke said the by-law would require mixed business and residential uses in this district, and
said one of the questions to be answered is the appropriate residential density. He said the uses
in the proposed by-law are not dissimilar from what Mansfield currently allows, but also
includes more cultural uses like live-work and artist space. He said he understands the mixed-
use density proposed, 2.0, may be a bit intense; that would allow a 20,000 square foot building
on a 10,000 square foot lot. Mr. Burke said without a parking structure, parking under or
cantilevered parking should be allowed. He said he wouldn't want to see new on-grade parking
lots unless they are shared by a number of uses.
Mr. Burke said it is exciting to have the state contacting the town offering assistance with a
positive project like this. He said it would be great to see added value in the train station area
and to address some of the traffic problems.
Mr. Burke said the densities in the by-law are on par with other TOD zones and with downtown
zoning.
Mr. Burke said many of the proposed new uses have been discussed over the years, such as a
performance theater and an open air market. Mr. Jodice said he thinks an open air market with
food and other commuter services would be a successful use in the train station area. He said the
board has to sell the fact that this proposal will bring more business to downtown, rather than
take business away. Mr. McKenna said Moody Street in Waltham did this type of
redevelopment, which has expanded the town's tax base. Mr. Burke said he sees this as linking
downtown with the train station area, not separating them and creating a second downtown. Mr.
French said he hopes the downtown business people will see the possibilities for additional
customers. Mr. Jodice said some people are concerned that Mansfield Crossing took a lot of
business away from downtown, so there may be a similar feeling about TOD. Mr. Burke said the
Planning Board did a great job on the Mansfield Crossing special permit, and all the new
development helps to keep taxes, spending and employment local, rather than leaving the area.
Ms. Ashman-Collins asked about two-family uses in the TOD. Mr. Burke said there is a lot of
single and two-family residential in the area. Ms. Ashman-Collins asked if two-family goes
along with the density in TOD. Mr. Bill Clemmey suggested two-family would be a good
transition between new high-density development and the single-family residential
neighborhoods. Mr. Burke said with mixed-use, there could be multiple uses in a single
building. Mr. Cleary asked about requiring a buffer between residential and commercial uses in
the TOD zone. Mr. Burke suggested requiring a buffer when the site abuts the zone line or an I
4 Planning Board February 13, 2013
existing residential use; Mr. Burke said the board could use its discretion to address that on a
case-by-case basis during a special permit process.
Mr. Cleary said there appears to be a discrepancy between the minimum lot size and the
both
tract size; Mr. Burke said that should be 40,000 in places.
Mr. Cleary suggested Section 5.12.2, Description, should reference the map rather than a 10-
minute walk or a 'A mile radius.
The board discussed whether awnings should be eight feet plus a twelve inch awning flap.
Mr. Bill Clemmey said the funding for the access study is in place and the state is getting
involved,both of which are great. However,he said Town Meeting is in six weeks, and the
warrant closes March 1. He said this is a big change and a large document,1 Town Meeting would
be doing the town a disservice if it tries to rush to submit TOD for He
said it is a great idea and he is excited about it,but it should not be
hurried. He
inconsistencies between this zoning proposal and the existing Zoning By-Law,y-Lawwh h should be
addressed. Ms. Ashman-Collins asked what the public process would He be;
said r Bur
thinks idihe
would like to invite the public into a meeting before Town Met are not
eting.
go to Town Meeting this year. He said there are a lot of things in
unique to Othis araea of town and
included in the current by-law,but it is a new district t hat will be
the uses will help define the district. He said he thinks the board has been very focuses on the
zoning proposals, and there is time for the board to work on all o move forward wi h the TOD
Town Meeting. He said he would like to encourage the board
proposal, but said if it is not ready at Town Meeting for some reason, it can be withdrawn.
Mr. Jodice said Mr. Burke has done an outstanding job putting the together,
Meer,but said he
wants the board to be as familiar as possible with the proposal prior
Mr. French asked Mr. Clemmey to provide Mr. Burke with his comments.
Mr. Cleary said the by-law includes cinema and theater uses,but asked about other types of
entertainment uses like a bowling alley or a live music venue. emay be some
would be by right in the TOD zone; Mr. Burke said they would be. He said there
uses that are already defined in the Zoning By-Law,but that unique uses should be specifically
defined. He noted uses that are not specifically defined are prohibited.
Mr. Burke said TOD would include be portions of the I3 zone; butt He if H TOD
some things extend d,
for example,to Kirley Masonry,that may affect some existing uses. be
specifically excluded from TOD because they would not be appropriate in that zone. He said
5 Planning Board February 13, 2013
•
pre-existing, non-conforming uses would be allowed to stay. Mr. Clemmey said by not allowing
industrial uses in the TOD zone, the town may be excluding some businesses. Mr. Burke said if
this is an overlay district, the existing underlying uses would not be impacted; only the uses
allowed in the new TOD by-law would change. He said if the zoning were changed, pre-
existing, non-conforming uses would be able to expand with a ZBA special permit. Mr. Jodice
asked if the zoning change would make a pre-existing property more or less valuable. Mr. Burke
said it would depend on the buyer. Mr. Jodice said this by-law would put performance standards
in the by-law.
Mr. Cleary said he doesn't like the idea of two-family residential in the TOD zone.
Ms. Collins asked about fast food uses. The board discussed the difficulty in defining fast food.
Ms. Collins said this is a lot of information to work on before Town Meeting, but said she
wouldn't want to stop working on it out of fear it might not be ready. She said she sees this as a
district unto itself, rather than an overlay district. Ms. Ashman-Collins said that might help
eliminate some of the confusion with the existing by-law. Mr. Clemmey said that would change
currently allowed land uses. Ms. Collins said she wouldn't want to lose industrial land because
of its value.
Mr. Feck said he thinks the board can get the work done before Town Meeting, but said he is
concerned about the number of articles and the board's ability to communicate and explain the
information. Mr. French said he thinks it is important to define the limits of the district.
Mr. Burke said he would not recommend rezoning the land to create the TOD district. He said
he thinks the overlay district will work and no one would lose their land rights.
Mr. Burke suggested adding the TOD zoning and map to the town's website.
Mr. Jodice asked about using natural boundaries, like the Rumford River, as the zone line. He
said that would include a lot more residential properties and asked if it would make those
properties more valuable. Mr. Burke said he would not want to include properties in a residential
zone in a business zone without talking about it with the landowners. Mr. Feck said residential
abutters who have a residential buffer now may object to the possibility of losing that to business
or industrial uses. Mr. Jodice asked about the possibility of access through the wetland area to
Foxboro; Mr. Burke said wetland scientists have walked the area and it is very wet.
Mr. Jodice asked about the possibility of a parking lot on the Foxboro side of Central Street and
some type of transportation to the train station. He said the access study may provide options the
board has not considered.
6 Planning Board February 13, 2013
Mr. Cleary suggested rowhouse/townhouse should be a special permit use. Mr. Burke agreed.
Mr. Jodice asked about uses like physical therapy or walk-in clinics. Ms. Ashman-Collins said if
they are outpatient facilities,they would be office uses.
The board discussed fast food and the need for a better definition. Ms. Ashman-Collins said she
doesn't think the fast food use is the problem,but the architecture may be.
Mr. Cleary said strip commercial development is defined,but not included in the table of uses.
Mr. Cleary said the by-law does not include minimum open space or setbacks in the TOD zone.
He said if something is allowed by right, it could cover the entire lot. Mr. Burke said that could
be changed to apply only to by right uses.
5 Fu the Comment
Mr. Bill Clemmey said assisted care facility or over 55 uses are not allowed in the TOD; Ms.
Ashman-Collins said she doesn't want to age restrict the district because it should include mixed
ages. Mr. Clemmey said a lodge/club use, like the Elks, is not allowed in the TOD, but is
allowed in all other business and industrial districts. Ms. Collins said there is a limited amount
of meeting and function space in town, and something like that would be useful.
Mr. Clemmey said he thinks going forward with TOD will take away from the board's other
zoning articles. He said it is good work and should continue, and said outreach to the people
being impacted is essential.
6.Around the Table
Mr. Oreste said Mr. Burke did an excellent job putting the TOD g to will help and
spur the
thn
board should move forward. Mr. Cleary said TOD is the kind of thing
development,which is one of the things the Finance Committee has been talking about.
Adjournment
Motion: To adjourn at 10:00 p.m. (Jodice-Cleary)
All in favor. PASSES
Next Planning Board meeting: February 27, 2013 at 7:00 p.m.
Signature of Cl-r Date of A•proval
7 Planning Board February 13, 2013