HomeMy WebLinkAboutmin of planning brd 09/05/01
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Planning Board Minutes
September 5, 2001
Scott Frank, Acting Chairman; Bernie Dolan, Clerk; Roger Achille, Thomas McShane,
Kenneth Torman
Shaun P. Burke, Director of Plannin and Develo ment
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Motion: To appoint Mr. Frank Acting Chair (Torman-Dolan) All in favor. PASSES
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1. August 15, 2001 Minutes
Motion: To approve as submitted (Torman-Achille) All in favor. PASSES
2. August 22,2001 Minutes [Mr. McShane arrived] Dr. Torman asked that the
number of buildings at The Village at the Pointe be added to the minutes
Motion: To approve as amended (Dolan- Torman) All in favor. PASSES
3. Letter from Karl Clemmey re: Cobb Street paving. Mr. Burke explained the board
had responded to a letter from Mr. Sangermano, telling him to pave the
roadway up to the entrance of The Village after installing utility connections to
outside the right-of-way.
4. August Building Permit Summary
5. Canoe River Aquifer Committee Agenda - September 9
6. Meeting Notices: Norton Planning Board; Foxboro Planning Board; Sharon ZBA;
North Attleboro Planning Board; Attleboro ZBA; Plainville Planning Board;
Easton Planning Board; Attleboro Planning Board
7. New England Planning magazine
[Mr. French arrived at this point.]
8. Street acceptance as-built plans for Millstone Court and Millfarm Drive. Mr. Burke
explained the plans had been signed by the Town Clerk and Board of Selectmen.
Motion: (French-Dolan) All in favor. PASSES
[Mr. French left the table at this time]
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Attorney Michael Bliss, Home Depot attorney, explained there have been no plan
revisions. However, a preliminary Form A has been prepared to divide the site into two
parcels, one with Shaw's and the other with Home Depot and the restaurant. There will
be no changes in ownership, and Mr. Bliss said he would be happy for the board to make
it a condition that the parcels continue to be held in common ownership.
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Brian Leahy, Trammell Crow Co., explained some revisions to the community benefits
package. He explained they have acquired the rights to six acres of land across Route
140 and would like to donate it to the town. They also propose to widen West Street at
its intersection with Walnut Street to accommodate the stanchions for the traffic calming
measures, along with some additional sidewalk on the south side of West Street to
Stratford Road; they have spoken with Officer Lawson, who is in favor of the ideas.
Finally, a third scholarship of a minimum of $1,000 annually, will be donated by Shaw's.
Mr. Leahy submitted a plan showing the parcel they have purchased, along with
additional letters of support from abutters.
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Correspondence
The clerk read the following new correspondence:
August 16, 2001 e-mail message from Lt. Richard Towne, Fire Department, regarding
revised plan - his concerns have been satisfied.
August 2001 Draft Operations and Maintenance Plan - Erin's Centre
August 15, 2001 letter from Steven E. Jackson, Vice President, Real Estate, Shaws
Supennarkets/Star Market regarding abutter Richard Baccari's relationship with Stop &
Shop
August 16, 2001 letter from Town Counsel Robert Mangiaratti regarding Voting
Requirements for Special Permits
August 26,2001 e-mail message from Janice Abel, 1798 West Street, regarding the
project
August 28, 2001 letter from David Martin, owner, 278r West Street, in support of the
project
September 5, 2001 letter from Brian Leahy to abutting property owners committing to
additional offsite plantings
r September 4, 2001 letter from Patrolman Lance Lawson agreeing with pavement
widening and marking plan for the West Street/South Walnut Stret intersection, as well as
new sight distances and signage
September 5, 2001 memorandum from John Sullivan, Town Engineer, saying the revised
plans, drainage calculations and submittals appear to adequately address his concerns
Board Comment
Mr. McShane thanked the applicant for the additional items in the community benefits
package. He asked about plans for the architecture of the building, mentioning the store
in South Kingstown, Rhode Island. Mr. Leahy said he understood that design was a
result of the site being located in a historic district. Mr. McShane said he would rather
see a design like that, rather than one like the store in South Attleboro. Mr. McShane
asked about the condition of the site and whether there would be any trailer sales at the
store; Mr. Leahy said the maintenance of the shopping center would be handled by an
outside contractor, adding there would be temporary trailer sales, but said he was not
aware of a steady stream of trailer sales. Mr. McShane asked if that was something that
had to be allowed at the store; Mr. Leahy said he would prefer there be no condition
preventing that, but said he would be willing to accept a condition there be no trailer
sales. Mr. Dolan said he was concerned about the condition of the site as well. Mr.
Leahy said the individual store owners would be responsible for the site.
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Mr. Achille asked about the August 8, 2001 response to the traffic study questions;
specifically the trip generation numbers used. He said the traffic study and
MassHighway's traffic study appear to use the same lTE land use code, but indicate two
different numbers. Rob Woodland, Rizzo Associates, explained MassHighway would
have used the numbers from his traffic study, which indicated 12,000 trips entering and
exiting the site on Saturday. He said he believed the higher number stated in the
MassHighway letter indicates the traffic on Route 140, not on the site. Mr. Achille asked
about the sites used for traffic comparison and whether any Home Depot sites in this area
had been studied. Mr. Woodland said he had studied the NOlWood store, which is
currently implementing its traffic mitigation plan. However, he said they were only
monitoring driveways around the site, not the site itself. He added the store owner was
satisfied with the traffic patterns and had not received any neighborhood complaints. Mr.
Woodland explained he had authored a study looking at 16 retail sites in the area, which
concluded the ITE overestimates traffic generation for this type of store.
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Mr. Frank asked what the accessory building would be used for. Mr. Leahy said Mr.
Clemmey would use it to store equipment and antique cars, and would maintain an office
there; he may also bid on the snow removal for the site. Mr. Frank asked whether the
Operations and Maintenance Plan has been revised; Mr. Leahy said it had not been, but
would be prior to construction. Mr. Frank asked about the Home Depot parking being
calculated using different numbers for different uses within the building; Mr. Burke
explained that calculation has been used on other sites. Mr. Frank asked about the
restaurant; Mr. Leahy said they do not have a specific tenant yet. Mr. Frank said with the
number of pedestrian crossings on the site, he would rather not have a fast food
restaurant. Mr. Leahy said they are planning a full service restaurant. He said they
would be coming back to the board for that part of the site anyway and suggested it be
left open. Mr. Burke explained the application was for a "restaurant," not a "fast food
restaurant," which are two different uses under the Zoning By-Law. Mr. Frank asked
about truck deliveries; Mr. Leahy said no deliveries would be made between 11 pm and 6
am., adding he would rather not have the operating hours restricted.
Mr. Frank asked how much of the community benefits package is related to the special
permit and how much is from Home Depot; in other words, if the permit is denied and
they come back with a smaller store, how much of community benefits package would
the town see? Mr. Leahy said it would be a minimum package. Mr. Frank asked if the
applicant has spoken with the Conservation Commission about donating the parcel across
Route 140; Mr. Leahy said he has tried to get in touch with Mr. Lewis, but has been
unable to. Mr. Burke said unless a parcel offers a significant passive recreational
opportunity, protects a habitat, or is adjacent to land the town already owns, there may be
a question of how much the community will benefit from the gift. He suggested other
non profits, like the NRT, as other options for donation. Mr. Clemmey said one house
could be built on the site, which has a right-of-way for access to the site.
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Mr. Dolan said he was concerned about trucks arriving early and sitting in the parking lot
with their engines running. Mr. Leahy said they would agree to making that a condition.
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Mr. Feldman asked about the Form A; he said the applicant had requested the special
permit be issued for the land shown on that plan. 1\1r. Frank asked the applicant if that is
the same as Phase II; Mr. Bliss said it is comparable to Phase II. Mr. Frank said he
understood the special permit would be issued for the land shown on the plan and
described in the application. Mr. Burke said if the site is divided into two parcels sharing
common egress, drainage and utilities, he was not sure how the board could assign a
special permit to only a portion of the site. Mr. Bliss said the special permit is for a use
associated with the stores on the site; specifically the Home Depot and restaurant. !\..fr.
Burke said he disagreed. Mr. Frank said the special permit is not building specific, but
rather site specific; he said the special permit would apply to the whole locus of the site.
Mr. Burke agreed, saying the special permit would apply to the Home Depot and
restaurant, and the plans as submitted would be incorporated into the permit by reference.
He said he would be reluctant to suggest the board, after looking at a site of 30-plus acres
and its drainage, access and parking, issue a permit for a site of a different size. Mr. Bliss
said he agreed the site plan issues go to the whole site, but the use issues in the special
permit for the restaurant and Home Depot don't relate to the whole site. He explained
that for internal reasons, they would rather have the permit attached to a specific parcel.
Mr. McShane said from the town's point-of-view, the infrastructure is all connected, so
the site is really a single entity; he said he was concerned the town would end up with
something the board hadn't been shown. Mr. Bliss explained the retail tenants are
concerned about being drawn into litigation, and the intent of this is to create separation.
Mr. Dolan said this special permit isn't attached to the Shaw's building anyway. Mr.
Frank said everything on the site is interrelated, but said he thought if the issue is
litigated, the building permit for Shaws wouldn't be appealed, but rather the two special
permit uses in Phase ll. Mr. Bliss said the site plan review applies to the whole site,
while the special permit applies to specifics. Mr. Frank said everything involved with the
entire site come under the benefits versus detriments question the board has to consider,
and said he wouldn't be comfortable making a decision with the new Form A questions
unresolved.
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Mr. Frank explained the board would be voting on four issues: a finding on the parking
requirements for the maintenance/accessory building; the Phase II landscaping plan; the
special permit for restaurant; and the special permit for Home Depot, a retail operation
over 100,000 square feet. Mr. Frank explained the board has five members present who
can vote on the project, and the applicant needs five positive votes for the special permits.
In similar situations in the past, the board has taken straw votes. He added that for the
parking fmding and landscaping votes, a majority of the full board, not just those
members present, would be needed
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The board discussed taking a straw vote. Mr. McShane said if the board had gotten to
hear Phase I, the project probably wouldn't have gotten this far, but said he thought the
applicant's team did a good job ameliorating the board's and abutter's concerns, and the
community benefits package is a good thing. He said he thought some of the real
concerns for the town, especially traffic and the land across Route 140, have been
addressed; an additional benefit will be keeping the east side of Route 140 undeveloped.
He said he was willing to go forward with the votes, but emphasized the board has to
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make the decision that the benefits outweigh the detriments, which is a very serious
decision to make.
The remaining four board members felt comfortable going forward with the four votes.
Parking Finding for Accessory Building
Mr. Burke explained the parking section of the Zoning By-Law requires the Planning
Board to make a finding on the adequacy of off-street parking for any use not specified in
the bylaw. In the past, this fmding has been based on information provided by applicant,
who has indicated the size and use of the accessory building requires nine spaces. He
suggested that if the board fmds that number adequate, it should be based on the use as
proposed, not additions, expansions or changes in use.
Motion: To find that nine parking spaces is adequate for the proposed use and size of the
6,600 square foot accessory/maintenance building, shown as "Building E," without
alteration, expansion or change in use to the building.
(McShane-Dolan) All in favor. PASSES
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Phase II Landscaping
The latest landscaping plan is dated August 15, 2001. Mr. Mettee explained the area
around detention basin #2 has been revised. Mr. Dolan said he thought the landscaping
plan was quite extensive. Mr. McShane asked if this is the same landscaping plan from
Phase I; Mr. Leahy said it is basically the same with the exception of the stormwater
detention area and the off site plantings at the back of the site. Mr. McShane asked if the
plantings to which the applicant had committed for the abutters are part of this plan; Mr.
Leahy said they are not because they are off site, but he has submitted a letter to the
abutters and the board committing to those items.
Mr. Mettee showed the board a colored landscaping plan; there are planters across the
front of Home Depot, which meet Section 4.3.9, requiring landscaping with a ten-foot
depth. Mr. Burke agreed, saying the intent is to provide separation between the structure,
parking and sidewalk. Mr. McShane said the building profiles don't show the planters,
so the board cannot tell what they will look like. Mr. Bliss suggested the board make that
a condition; Mr. Mettee said the planters would hold a combination of annuals and
perennials. Mr. Frank asked about the entrance/planter ratio; Rich Lamont said the
canopies coincide with the entrances, so they provided a reasonable amount of pedestrian
traffic area, which identified the areas where planters could be installed without being in
the way.
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Mr. McShane said the landscaping plan was connected with the far;ade question; if
Mansfield gets the orange block building, he felt the number and height of trees blocking
it would be more important. However, if a different far;ade is used, the need for more and
taller plantings would be lessened. Mr. Lamont said a fa9ade like the South Kingstown
store is a significant upgrade and would be very expensive. Mr. McShane asked if there
is a design in between; Mr. Lamont said they would be willing to consider it, but said
there is a point where change is no longer feasible. He said what is being proposed here
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is appropriate for the area adjacent to the industrial park and highway, which have no pre-
existing architectural standards. Mr. McShane was concerned this project will be the one
to define that standard for construction along that corridor.
Mr. McShane asked if the planters along the front of the store conform with the 10-foot
landscaping requirement. Mr. Bliss explained that with the access points along the front
of the store, it would not be practicable to have an unbroken strip of landscaping; he
added the landscaped areas shown have the IO-foot depth. Mr. McShane asked what
percentage of the storefront would be treed? Mr. Leahy said the front of the building is
approximately 70 feet, with an entrance/exit vestibule and area left open to the side of
that, along with emergency exits. He said there are four areas with plantings, which
cover about one-third of the store front. Mr. Bliss said the bylaw doesn't require a
contiguous strip, just "areas" of landscaping.
Mr. Dolan asked about fmding a middle ground on the fayade; Mr. Leahy said he thought
there is some room there. Mr. Lamont suggested the customer pickup lane in front of the
entrance vestibules could be planted, but that may result in public safety issues. Mr.
Dolan said he would be opposed if public safety might be endangered. Mr. Lamont said
they could increase size of the trees in the islands across the front of the store.
Bob Jones, South Walnut Street, asked about the status of the berm across the back ofthe
store; Mr. Frank said the applicant has agreed to leave it at the height shown on the plan.
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Mr. Frank asked about tabling the landscaping permit until the building design issue is
addressed. Mr. Burke suggested voting on the landscaping plan, then amending it with
additional plantings as the design fayade of building develops.
Mr. Lamont suggested they could do a pre-manufactured panel fayade with a variety of
fmishes, including a "red brick pattern", which would not be cost prohibitive. Mr. Leahy
said they were willing to make any additional plantings at the front of the building
consistent with the plantings in the landscaped islands.
Motion: To approve the Phase II landscaping plan as presented provided the plan shall
be changed to provide for a red brick pattern fayade using a pre-cast panel on the Home
Depot building; any additional plantings installed along the front of the building shall be
consistent with the standards of the existing landscaped islands; and taller trees than those
presented on the plan shall be added to the landscaped islands in front of the store
(McShane-Dolan) All in favor. PASSES
Restaurant Special Permit
Mr. Dolan said he did not like the idea of a drive-through, and asked about site plan
issues like the dumpster, screening, grease traps, etc. Mr. Leahy said they would come
back with a more definitive plan at a later date, since they don't know who the tenant is
going to be.
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Motion: To approve the special permit for a restaurant with the following conditions: the
applicant shall return with a specific plan for additional site plan review prior to the
issuance of a building permit; there shall be no restaurant drive-through. To exercise this
special permit, the community benefits package as presented by the applicant shall be
implemented. The plans as presented, last revised August 15, 2001, shall be incorporated
into the special permit by reference.
(Torman-Dolan)
Mr. Achille - In favor. I believe the benefits of the proposed restaurant outweigh its
detrimental effects.
Mr. Dolan - In favor. I believe the benefits outweigh the detriments. A restaurant is
sorely needed in town, and will use little public safety services and no school services.
The plan meets the requirements of the bylaw.
Mr. McShane - In favor. I believe the application meets the submission and technical
requirements of the by-law, and the use will be favorable to community and relatively
low on burdens to the community. In light of the community benefits package, I believe
the benefits outweigh the detriments.
Dr. Torman - In favor. In light of the applicant's willingness to comply with board
members' requests, I believe the benefits outweigh the detriments.
r Mr. Frank - In favor. The benefits, especially with the community benefits package,
outweigh the detriments. The applicant's representation that further site plan review will
take place will ensure technical compliance with the Zoning By-Law.
All in favor. PASSES
Home Depot Special Permit
Mr. McShane said in light of the applicant's purchase ofland across Route 140, he got
the impression the stretch between West Street and School Street would be mostly
undevelopable, so that area will not end up looking like Rt. 1 in North Attleboro. Mr.
Leahy said that was true. Mr. Burke explained that from Creeden Street north to Route
106 is zoned B3, and includes the undeveloped Currivan land at the intersection of
Routes 140 and 106, which will likely be commercial construction at some point. He
added that much of that land is wet, and would have to use Route 106 for access. South
of Creeden Street is mostly residentiaL so any commercial venture would have to find
buildable land and have it rezoned, which he did no see as likely to happen..
Motion: To grant the special permit for the approximately 118,132 square foot Home
Depot store (together with an approximately 9,800 square foot covered garden center)
with the following conditions, incorporating by reference the plan ofland titled "Erin's
Centre, Mansfield, Massachusetts, Site Plans," pages C-I, aSP-I, C-2a, C-2b, C-2c, C-
3a, C-3b, C-3c, C-4a, C-4b, C-4c, C-4d, C-5a, C-5b, C-5c, C-6a, C-6b, C-6c, C-7, C-8.
r C-9, C-lO, C-11, C-12, C-13, A-I, A-2 of28 pages, dated April 16, 2001, revised May
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25, 2001, August 7, 2001, August 15, 2001 and September 15, 2001 by Appledore
Engineering, mc. prepared for Clemco LLC & Quirk LLC, PO Box 521, 390 West Street,
Mansfield, Massachusetts, 02048 and for The Home Depot, 10 Dan Road, Canton,
Massachusetts, 02021;
and the plan of land titled "ALTAlACSM Land Title Survey Plan of Land in Mansfield,
Massachusetts," pages 1-3 of3 pages, dated February 16, 2001, by Dunn-McKenzie, Inc.,
prepared for Appledore Engineering, Inc., 600 State Street, Suite D, Portsmouth, New
Hampshire, 03801;
and the August 3, 2001 memorandum from Rob Woodland to John Sullivan;
and the following conditions:
1. The applicant shall commit to a red brick pattern fa~ade on pre-cast panels for the
Home Depot building;
2. The community benefits package shall be fully implemented; specifically, the six
acres on West Street across Route 140 from this site, which will be donated for open
space subject to the provisions of Article 97; failing the Conservation Commission
accepting the land, it shall be deeded to the town for permanent open space;
3. Truck, trailer, and/or tent sales shall be prohibited. There shall be no retail sales in
any areas other than those shown on the plan; seasonal outdoor sales shall only be
allowed in that area of the parking lot designated on the plan adjacent to the garden
center or on the sidewalk;
4. There shall be no deliveries to the site between the hours of 11 pm and 6 am; there
shall be no trucks left idling on the site between the hours of 11 pm and 6 am;
5. The hours of operation for retail purposes on the site shall be limited to 6 am to 12
am;
6. The outside speakers in the garden center shall be turned off at 12 am; the Planning
Board reserves the right to revisit this issue if it becomes a problem;
7. The August 3, 2001 memorandum from Rob Woodland to John Sullivan describing
the traffic mitigation plan and schedule shall be incorporated;
8. The [mal stormwater maintenance plan shall be submitted to and approved by John
Sullivan prior to the Planning Board signing the special permit decision;
9. This special permit is contingent upon implementation of the safety plan submitted
to Lance Lawson and will be codified in a XXXXX memo from Rob Woodland to
Mr. Burke;
lO. This special permit is contingent upon the applicant's compliance with the Board of
Selectmen's water connection policy;
11. Implementation of the applicant's commitments to the abutters regarding additional
offsite landscaped buffer zones and Mr. Leahy's September 5, 2001 letter to that
effect are incorporated into this special permit;
12. The applicant's commitment for a $25,000 contribution for the study/improvements
of the Route lO6/Copeland Drive intersection, as spelled out in Mr. Woodland's
August 3, 2001 memorandum to Mr. Sullivan shall be implemented prior to
occupancy;
13. A sign shall be installed at the point of exit from the site onto West Street indicating
"No Left Turn for Trucks," as spelled out in Mr. Woodland's August 3, 2001
memorandum to Mr. Sullivan;
14. The stormwater system for the entire site shall be fully complete prior to the
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occupancy of any building on the site;
Second test pits shall be done in both drainage areas at higher elevations and at
opposite comers from where the permeability tests were done;
Any change in the use of "Building E", the accessory/maintenance building, shall
provide adequate parking for that use;
Full signalization of the Norfolk StreetIRoute 106 intersection shall be completed
prior to the occupancy of any building covered under this special permit;
Any significant change to the plan shall result in the need for a modification to the
special permit. A five percent (5%) change to any aspect of the plan shall be
considered a "significant change" and shall require review by the Planning Board.
A less than significant change shall require a new site plan to be submitted and
reviewed by the Planning Board and approved by the Building Inspector;
18. Noise barriers as shown on the landscaping plan dated August 15, 2001, shall be
installed
19. The berm on the west side of the site, behind the Home Depot building, as shown on
the plan dated August 15, 2001, shall remain at its current height of XX feet; as
offered by the applicant, a row of arbor vitaes shall be installed on top of the berm;
20. No tractor-trailer trucks shall be parked on the site for the purposes of advertising.
(Dolan- Achille)
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Dr. Torman - In favor. The benefits outweigh the detriments. The project is an excellent
idea and an improvement on the current appearance of the property. The applicant has
shown a tremendous degree of cooperation and the project will enhance the aesthetic
value of the town.
Mr. McShane - In favor. The project meets the submission and technical requirements of
the by-law. However, I feel the project will change character of the abutting
neighborhood and increase the separating of east and west Mansfield and will have a
detrimental effect on the downtown area. Together with the loss of industrial land, these
are detriments of this project; but, given that Shaw's will go fOlWard with these same
impacts, and the applicant has agreed to the board's restrictions and worked hard to
minimize the impacts of noise, light, and traffic on the abutting neighborhood, along with
the impacts of signalizing Norfolk Street, the proposed traffic calming measures, and the
applicant's commitment to the community benefits package, particularly the donation of
land for open space and donations to the Council on Aging and local scholarships, and
the additional tax revenue, allow me to find the benefits of this proposal outweigh the
detriments.
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Mr. Dolan - In favor. The opening of Norfolk Street will decrease truck traffic through
the West Street residential areas. I had been concerned that if this project didn't go
fOlWard, another project may not have hit the threshold to have Norfolk Street opened
and signalized. The companies proposed are frrst class, the town will receive additional
tax revenue and job opportunities, the project will not use a lot of town facilities, and it
will be an improvement over the property now. The benefits far outweigh the detriments,
and the community benefits package is an added bonus.
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Mr. Achille - In favor. The benefits of the proposed project outweigh its detrimental
effects; in particular, it will be good for the town to attract established national
companies. The additional tax revenue, employment, opening and signalization of
Norfolk Street, and the benefits package will be benefits to the town.
Mr. Frank -In favor. The applicant has revised the plan to conform with the technical
requirements and intent of the zoning by-law. The benefits, specifically the community
benefits package, including new open space across Route 140, and the opening and
signalization of Norfolk Street, and the landscaping and screening, noise and light
screening, outweigh what I do see as significant detriments, including traffic, noise, and
the partial retailization of Route 140.
All in favor. PASSES
Motion: To close the public hearing (Torman-Achille) All in favor. PASSES
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Motion: To adjourn at 12 a.m. (Torman-McShane) All in favor. PASSES
Date of next meeting: September 19, 2001 at 7:30 p.m.
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Date of Approval