HomeMy WebLinkAboutPLANNINGbrd_05152013Planning Board Minutes i! F I V E 0
May 15,2013 1 OFF ICE
Present: Tom French, Chair; Beth Ashman- Collins, Clerk; Donald Cleary Ralp e e , Cheryl
Collins, Richard LeBlanc; Alternates: Mike Feck NU .E��P i - P : I
Shaun P. Burke, Director of Planning and Development; Jennifer CrottyjDayiq; �Atirpinistrative
r.os c_
Secretary f ° - 1Ci11ic)FTTS
1. Meeting called to order at 7:00 p.m.,_
Mr. French welcomed Mr. LeBlanc to the board.
Attorney Robert Mangiaratti, Murphy, Hesse, Toomey & Lehane, said he represents Tim
Bobola, TNT Construction, the new owner of the subdivision. He said this is a well- designed
project, but the roadway as designed would be very expensive to build. Mr. Bobola would like
to propose a three -part modification to the approved plan. First, he would like to donate the open
space along the beyond the drainage area and adjacent to the bike path to the NRT. Attorney
Mangiaratti said the parcel could be attached to one of the lots, but then would not be available
to the public. He said recreational and walking facilities near homes is part of the
Commonwealth's Smart Growth program, and making this parcel available for public use would
enhance the bike path. He said the NRT is interested in acquiring the parcel for public use.
Lou Andrews, NRT president, said there is an existing trail system on the parcel. He said NRT
would like to attach the parcel to the bike path and maintain the trails for passive recreation,
which he said would be a nice addition to the bike path.
Attorney Mangiaratti said the second part of the proposal is to decrease the pavement width on
the new roadway to 22 feet from 24. He said Branch Street is about 22 feet wide, and he has met
with DPW staff, tivho said it makes sense for the new pavement to match the existing pavement.
Attorney Mangiaratti said the third part of the proposal is to change the vertical granite curbing
to cape cod berm. He said DPW staff is not in favor of this modification. He said Subdivision
Regulations Section 5.5.2 allows the board to permit cast concrete curbing if it finds vertical
granite curbing will not blend in properly with the existing roadway system. That section
requires granite curbing at intersections along the arc of the curb plus eight feet, and inside the
curves with a radius of less than 150 feet. Attorney Mangiaratti said they would like to curbing
per that section, using a monolithic pour in the binder and finish courses. He said this is a small
subdivision in a rural area, removed from downtown. Attorney Mangiaratti said there is granite
curbing on one side of Branch Street, which stops at Jake's Way, then Branch Street has no
curbing up to the entrance to this subdivision.
5/15/2013
Mr. Mangiaratti asked the board to consider the submission of a modified plan, including the
conveyance of the open space to NRT, narrowing of pavement from 24 to 22 feet and the use of
cape cod berm rather than vertical granite curbing. He said this could be a win -win situation for
both the town and the builder.
Mr. French asked what was required in the Camden Lane/Rolling Fields subdivision on Elm
Street; Mr. Burke said both phases of that subdivision have sloped granite curbing. Mr.
Mangiaratti said he has met with Mr. Azinheira, who is concerned about the cost of maintaining
the town's roadways and who does not like sloped granite curbing.
Mr. French said the board has to consider whether granting the waivers are in the best interest of
the town. Mr. Mangiaratti said there are advantages to cape cod berm because it is easier to
plow. He said allowing some flexibility in the roadway construction would guarantee the open
space will be maintained for public use.
Mr. Burke said he thinks 22 feet is a reasonable width for dead -end road. He said the open space
is beautiful and includes existing trails; he said it has not been available for public use, so it
would be nice for the NRT to maintain it and dedicate it to public use. He said cape cod curbing
applied in a monolithic pour has greater wearing potential than cape cod curbing put down in
pieces. He said monolithic cape cod was used on Stanley Road, which is holding up well.
Attorney Mangiaratti said technically, this would not be a waiver, it would be a modification
because the regulations contemplate using cape cod berm when the board finds it would be
reasonable. Mr. Burke said there would still be vertical granite at the intersections and around
the island; he said he agrees the change from vertical granite to cape cod would not be a waiver.
Mr•. French asked if the board has waived vertical granite curbing before; Mr. Burke said Bird
Road and Bay Brook Farm used cape cod berm.
Mr. Penney asked if the ownership of the open space is restricted by the Planning Board's
subdivision decision; Mr. Burke said it is not.
Mr. Penney said he had questioned the original detention basin, and the engineer put it
underground between lots 4 and 5.
Mr. Penney said Branch Street is a very old road that does not meet current standards. He said
he is concerned 22 feet would not allow for bicycles to travel safely on the roadway. He said he
understands the cost of vertical granite, but said pre -cast concrete does not hold up well.
However, he said the continuous pour concrete has potential.
5/15/2013
Attorney Mangiaratti said they would install vertical granite on the inside of the cul -de -sac and at
the intersection with Branch Street, and cape cod berm along the rest of the road. Mr.
Mangiaratti said the town would get a nice piece of land if the Planning Board would consider
modifying the curbing.
Mr. LeBlanc said he is in favor of more open space.
Mr. Feck said this is a great location for open space near the bike path. He said he likes
monolithic cape cod berm.
Mr. Mangiaratti said he is not asking the board for a commitment at this time, but simply to
consider the idea. He said he understands there may have to be a public hearing.
Mr. Penney said because of safety concerns, he would be reluctant to reduce the pavement to 22
feet. Mrs. Collins said she thinks a narrower road would force drivers to slow down. Mr. French
said he doesn't have a problem with 22 feet.
Mr. Penney asked about the Nicodemus driveway. Mr. Mangiaratti said they would build what
was approved on the original plan at that location. Mr. French said he would not want the
vertical granite changed at the Nicodemus driveway.
Mr. Burke said he originally thought this should be a public hearing, but that may or may not be
necessary, depending on which way the board decides on each issue. He said the disposition of
the open space would definitely not require a public hearing, and the curbing change or roadway
width may not. He said it is not unusual to make changes like this in the field. He said the right -
of -way layout and lot frontage would not change. He said if the board feels more comfortable
holding a modification public hearing, that could be done.
Mr. Penney asked how the conveyance of the open space would be linked to the decision. Mr.
Burke said if there is an agreement to allow the developer to modify the plan, there should be a
finding that the changes to the plan are in the public interest. Mr. Mangiaratti said they will
prepare a field change plan.
Mr. Burke said the roadway layout would not change from what was approved, so the shape of
the approved lots would not change. He said because there are no lot line changes, he does not
think a public hearing would be required.
Ms. Collins asked if the sidewalk goes around the whole roadway. Mr. Bobola explained it goes
halfway around the cul -de -sac.
5/15/2013
Mr. Penney said he thinks the Board of Selectmen should be made aware of the changes, since
they spent so much time working on the bike path crossing. Mr. Burke said the Planning Board
should inform the Board of Selectmen after the new plan is approved. He said he thinks the
Board of Selectmen will be pleased because it would reduce the impact on the bike path.
Consensus of the board was that most members would be in favor of reducing the pavement
width from 22 feet from 24 feet and to allow monolithic cape cod berm along the straight
sections of the road from the point of tangency of the cul -de -sac back eight feet along the outside
to the tangency back eight feet back on the other side, to maintain what was approved on the
original plan for the Nicodemus driveway; with the remainder as cape cod berm.
Attorney Mangiaratti said they will submit a plan and formal request, including the gift of open
space land to the Natural Resources Trust.
Motion: To appoint Mr. Cleary Acting Clerk (Collins- Penney) All in favor. PASSES
Don Sullivan and Katie Goodrum from the Southeastern
Development District explained the five -year update of the priority development and protection
areas, which were identified in 2008 as part of the South Coast Rail plan.
Mr. Sullivan SPREDD has worked with staff to identify five priority development and four
priority protection areas. Development areas are places like downtown and industrial sites;
protection areas are places like open space, rivers and wetlands.
Mr. Sullivan explained the 2013 update maintains all nine original areas, with more accurate
boundaries and some minor changes.
Ms. Goodrum explained the public process in 2008 defined the town's priorities, and SRPEDD
has worked with staff to redefine the boundaries for the five -year update. She presented a map
showing the development and protection areas.
Mr. Burke said there should be a more updated map separating the TOD and downtown areas.
Mr. Penney noted some of the 132 zone, near Mansfield Deli, is not included on the map.
Mr. Sullivan said the boundaries of the 2013 update are much more accurate than the 2008 map.
Ms. Goodrum noted Town Meeting just passed the East Mansfield Zone II redelineation, and the
new map includes a protection area for the Zone II and a 200 -foot riverfront buffer. Mr. Burke
said the revised priority protection area now includes the entire new Zone II.
Mr. Flynn asked to see the Great Woods area of the map. Ms. Goodrum said the boundaries
were defined by the wetland areas. Mr. Burke said the former Conservation Agent did a lot of
work with SPREDD's GIS manager on the Great Woods protection area, and focused more on
4 5/15/2013
parcels the town wants to protect rather than parcels the town already owns. Ms. Goodrum said
protection areas are defined a parcels that need action. Mr. Andrews said there are a couple of
lots missing from the protection map.
Mr. Burke said the town will be updating the Open Space & Recreation Plan, and this will help
with that process.
Mr. Sullivan said in 2010, the governor signed Executive Order 522, and the Commonwealth is
putting money into priority development and protection areas. He said the priority areas the
town has identified are consistent with the Commonwealth's plan, which puts the town in a
better position for grant funding.
Mr. Flynn said the 24 -acre parcel near the Route 495 interchange in the Great Woods is still
owned by Mass Highway, and the Conservation Commission would like to get that parcel back.
Mr. Sullivan suggested talking with Jim Hatfield at SPREDD. Mr. Flynn said there are also two
parcels in the Great Woods owned by the MBTA, which they would like to get back. He said
Mr. Burke has contacted Victoria Maguire about that, but did not get a firm answer. Ms.
Goodrum said they will add those parcels as priority protection areas. Mr. Burke said he will
provide SPREDD with copies of his correspondence with Victoria Maguire.
Mike Healey, Conservation Commission, asked if the Zone II in West Mansfield is included.
Mr. Flynn said EOEA has protection areas along Gilbert Street, which are described as valuable
because of public water supply and rare and endangered species, and asked if they are included
on the map. Ms. Goodrum said the map shows the Zone II and habitat areas. Mr. Flynn said the
Attleboro water supply runs north of Jewell Street to Balcom Street, and includes two wells. Ms.
Goodrum said the Zone A surface and groundwater protection area is included.
Mr. Healey asked if the protection areas include the Zone II. Ms. Goodrum said they do.
Mr. Flynn said the staff at SRPEDD is very helpful and has great technology.
Mr. Bill Clemmey asked to see the Cabot Business Park maps and said Erin's Centre is not
included. Mr. Burke said it is not, nor is Mansfield Crossing, because those parcels are not part
of the business park.
Mr. Penney asked the purpose of these maps. Mr. Burke said the purpose is to focus on where
new development should go and the areas that should be protected. He said these are local goals,
the original priority area maps came out of the 2008 Master Plan update, and the 2013 priority
development and protection districts came out of the 2012 Strategic Plan. He said identifying
these areas better positions the town for grant funding, and allows the regional planning agency
to identify significant local and regional employers and transportation options, as well as
significant parcels that should be protected. Mr. Burke said Executive Order 525 puts towns that
have identified priority protection and development areas on a better footing for grant funding,
either for the redevelopment or for preservation of open space. Mr. Sullivan said this is also a
good planning exercise for towns to identify parcels of importance. Mr. Flynn said even though
5/15/2013
the new South Coast Rail line will not be coming through Mansfield, the town is still in the
South Coast Rail corridor and therefore eligible for grant funding.
Mr. Penney said these maps are different than the zoning map; Mr. Burke said they are similar,
but there are some differences.
Mr. Penney asked about the Copeland Drive area. Mr. Burke said that was not included as a
priority development area because the town's focus during the 2008 Master Plan and the 2012
Strategic Plan was on downtown. Mr. Penney asked if this could help the Copeland Drive
business area. Mr. Burke said it could, but that area did not come up as a priority. Ms. Ashman -
Collins said she would not include that area as a priority development district, but said that
would not inhibit development on Copeland Drive. Mr. Sullivan said the sites on the priority
development maps are the "all- star" sites, and adding more sites would water that down.
Mr. Penney asked why the Comcast Center is included; Mr. Burke said that is the largest
contiguous piece of industrial, undeveloped land in town, and is owned by a number of different
parties. He said that area was called out during the 2008 Master Plan and the 2012 Strategic
Plan. Mr. Sullivan said that area is prime for infill development.
Mr. Healey said the priority development areas are the underutilized sites, as opposed to areas
that are already developed.
Mr. Cleary asked how the airport fits into this. Mr. Burke said having an airport allows
businesses to fly people and product into the business park, in addition to providing a place for
private pilots and lessons. Mr. Andrews said there is a deed restriction requiring the land to
remain an airport, or it is turned back to the federal government. He said most of the airport
users are small pilots, but the airport brings in revenue to the town and runs on an enterprise
account. Mr. Healey said the airport is a draw for the business park, giving companies the ability
to fly people in. Mr. Penney asked about aircraft restrictions; Mr. Andrews said the airport
cannot restrict certain types of aircraft, but the 3,500 foot -long runway limits users.
Mr. Cleary asked about the "future actions." ivlr. Sullivan said SRPEDD would work with Mr.
Burke on the final document. Ms. Ashman- Collins suggested some of that information could
come out of the Strategic Plan.
Mr. Sullivan said this model is going to be used state -wide.
1. April 24, 2013 Minutes
Motion: To approve as submitted
(Ashman- Collins - Cleary) Five in favor. Two abstentions. PASSES
2. Variance application — 18 Highland Avenue — Lot Frontage, Area and Width — Keenan
Mr. Feck said he would excuse himself ftom this discussion.
5/15/2013
Mr. Burke said the existing house has 90 feet of frontage; the proposal is to separate the
existing lot into two lots. Mr. Burke said there is no hardship demonstrated and suggested a
negative recommendation. Ms. Ashman- Collins said she does not see any rationale for the
grant of a variance.
Motion: To send the ZBA a negative recommendation because there is no hardship
(Penney- Ashman- Collins) Six in favor. One abstention. PASSES
3. Finding application — 1779 West Street — Demolish and Replace Pre - Existing, Non -
Conforming Residential Structure — Wade
Mr. Burke explained the property is part of Clark Shores, a cottage community on Greenwood
Lake, and was built in 1913. Ms. Ashman- Collins asked if the new structure would have to be
further from the lake. Mr. Burke said the new house is in basically the same location as the
existing house. The proposed house is slightly larger than the existing, but the additional size
is at the rear of the house, further from the lake. Mr. Burke said this house is pre- existing,
non - conforming and only requires a finding. He said most of the houses in this neighborhood
were built as cottages and have been turned into year -round houses. He said the homeowner
will still have to go to the Conservation Commission and the Board of Health. Mr. Burke
noted the test for a finding is less stringent than the test for a variance.
Motion: To send the ZBA a positive recommendation
(Penney- Ashman- Collins) Six in favor. One abstention. PASSES
4. Variance application — 29 Henry Street — Lot Frontage, Area and Width — Maxwell
Mr. Burke explained the house faces Henry Street and has frontage on Alden Street.
He said according to the Assessor's records, the two lots have been married through zoning.
However, the application describes the plan as wo lots rather than one. Mr. Burke said the
zone requires a lot to have 150 feet of frontage and be 150 feet wide by 150 deep with 22,500
square feet of area. Mr. Burke said the lot proposed is not substantially smaller than the
surrounding lots, but said that is not a statutory reason for the grant of a variance. He
suggested sending the ZBA a negative recommendation.
Motion: To send the ZBA a negative recommendation because there is no hardship
(Aslunan- Collins- Penney) All in favor. PASSES
5. Special Permit application - 66 West Street — Change in Pre - Existing, Non - Conforming Use
Mr. Burke explained the application seeks relief on the parcel currently being used as a
showroom for automobile sales. He said the ZBA made a finding years ago that allowed the
existing dealership to move its showroom across the street as an expansion of a pre - existing,
non - conforming use. The current application is to allow the automobile showroom use in the
existing building to change to an office use. Mr. Burke said he thinks this will have less
impact on the neighborhood in terms of noise, traffic, light and hours of operation and
suggested a sending the ZBA a positive recommendation. Ms. Ashman- Collins said she
would not like the parking spaces labeled 24 -30 on the March 25, 2013 plan to be used for
customer parking to avoid drivers backing out onto West Street. Mr. Burke said the
application also includes a signage variance. Mr. Penney asked what zone this property is in;
Mr. Burke said it is R2.
Motion: To send the ZBA a positive recommendation with the suggestion that the parking
spaces labeled 24 -30 on the March 25, 2013 plan should not be used for customer parking to
avoid drivers backing out onto West Street (LeBlanc - Collins) All in favor. PASSES
7 5/15/2013
6. Variance application — 600 West Street — Front Setback — Conroy Development
Mr. French said he would abstain from this discussion.
Mr. Burke explained the proposed building has a 31 -foot front yard setback were 50 feet is
required. He said this application meets the statutory tests for the grant of a variance; it is an
oddly- shaped lot, the conditions specifically apply to this lot, and the lot has a change in
topography. The site was recently granted a variance from the open space requirement. Mr.
Penney asked if there is adequate parking; Mr. Burke said there is. Ms. Ashman- Collins said
she would like to see a row of trees in front of the building. Mr. Burke said that could be an
issue for sight distance along West Street. Mr. Burke suggested a positive recommendation.
Motion: To send the ZBA a positive recommendation
(Ashman- Collins - Collins) Five in favor. Two abstention. PASSES
7. May 6, 2013 letter from Christopher Cunningham re: 101 North Main Street affordable
unit. The affordable unit will be constructed at 101 North Main Street and the Certificate of
Occupancy will not be issued until DHCD approval.
8. Public Hearing notices — Attleboro, North Attleboro
9. Mass Housing Partnership Annual Report
10. The Beacon
11. Woodard & Curran newsletter
12. Letter from MassDOT re: South Coast Rail
13. May 15, 2013 memo from Mr. Burke re: train station access study RFP. Mr. Burke asked the
members to review the proposals and send the Town Manager their recommendations. Mr.
Burke recommended Waterfield Design, which has worked on several train stations and
parking areas, including in Mansfield. Mr. Penney asked if any of the respondents do the
traffic portion in- house; Mr. Burke said several have in -house traffic staff, but others
bring in outside professionals. He said the Waterfield proposal subs out the traffic counts,
then puts the data together in -house for the report. Mr. Burke said he has spoken with
Miryam Bobadilla, who would like to meet with the board to discuss the public engagement
portion of the study. The board discussed inviting Ms. Bobadilla to the May 29 meeting.
Mr. Karl Clemmey said he has put stakes in the ground on the Henry Street/Fowler Street parcel
he proposed rezoning and asked the board members to visit the site. He said the adjacent retail
piece cannot be developed further, so it makes sense to build a house there.
Mi•. Clemmey said Article 30, which included increased density in the B3 zone, should have had
more "meat' to it. He said bringing utilities across the street would be very expensive. Mr.
Penney said he thought the density was the problem for Town Meeting; he asked if .5 would
work there. Mr. Clemmey said it would. He said his parcel is 3.5 acres and he would build
something nice. He said one of the residents who opposed his article owns a B3 property.
Mr. Clemmey said he plans to come back for a finding for a house on the Paine Road parcel.
Mr. French said the board put in an enormous amount of work on the zoning articles and got a lot
accomplished at Town Meeting. Mr. Penney said he appreciated the support of the Board of
Selectmen. Mr. Penney said the board should revisit B3/B4 next year as separate articles.
5/15/2013
Ms. Collins said the board worked very hard on its zoning articles, but said she was concerned
about the level of professionalism at Town Meeting concerning Article 40, one of the citizens'
petitions. Mr. French said he thinks the board treats people with respect, but said the issues the
board deals with can result in emotional responses. Mr. Penney said he did not initiate the
conversation with the petitioner at Town Meeting.
Mr. Feck said he thought there was some confusion at Town Meeting about the B3 -B4 artic
and suggested leaving the outlying parcels B3 and changing the Copeland Drive area to B4.
Mr. Penney asked about the Fales Oil property. Mr. Burke said staff discussed whether
"miscellaneous revenue" from a federal grant, which does not have to go back to a specific
project, can be used on the Fales Oil site. He said the Town Manager plans to talk with the HUD
program manager about using $78,000, which would be enough to clean up the site. He said
another option is a reserve fund transfer. He said the Board of Selectmen will have to vote to use
the site for parking.
Mr. Penney said he has spoken with members of the Board of Selectmen about valet parking for
downtown restaurants, and they discussed the possibility of using the Winthrop Street parking lot
for valet parking in the evening.
Mr. Penney asked about use variances as a future Zoning By -Law change. Mr. Burke said the
town eliminated use variances years ago and he would not recommend bringing them back. Mr.
Penney said the board had also discussed reconsidering residential compounds.
Mr. Penney suggested reviewing the Subdivision Regulations. Mr. Burke said DPW staff has a
list of changes they would like to see in the Subdivision Regulations.
Mr. Cleary asked about moving the meeting time back to 7:30 p.m. Consensus was to leave the
start time at 7:00 p.m.
Mr. French asked about the site under construction on School Street. Mr. Burke said that site is
going to the May 20 Conservation Commission on the plan change the Planning Board reviewed
in 2012.
Motion: To reappoint Mr. French Chair (Cleary- Ashman- Collins) All in favor. PASSES
Motion: To reappoint Ms. Ashman - Collins Clerk (Collins -Feck) All in favor. PASSES
9. Adjournment
Motion: To adjourn at 10:00 p.m. (Penney - Collins) All in favor. PASSES
Next Planning Board meeting: May 29, 2013 at 7:00 p.m.
Signature of Clerk
Date of Approval
5/15/2013