HomeMy WebLinkAboutmin of planning brd 07/18/01
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Planning Board Minutes
July 18, 2001
Present: Scott Frank, Acting Chairman; Bernie Dolan, Clerk; Roger Achille; Kenneth
Torman, Tom French
Shaun P. Burke, Director ofPlannin and Develo ent
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Motion: To appoint !\fr. Frank Acting Chair (Dolan- Torman) All in favor. PASSES
1. Minutes July 11, 2001 Motion: To approve (Dolan-Achille) All in favor. PASSES
[!\fr. McShane arrived]
3. Draft decision - V AM Realty Trust (Hullquist Terminals) - 241 Francis Avenue
Motion: To sign (Dolan- Torman) !\fr. French suggested amending the decision to
refer to "plans dated May 31,2001 by Dunn-McKenzie Engineering, pages 1-16 of
16 pages." Motion Amended. All in favor. PASSES
4. Request for Release of Surety - Kevin Delaney - Wayfield I Memo from Mike Ahern
recommending the release
Motion: To release $28,500 ($55,450 balance) (Dolan-French) All in favor. PASSES
5. Letter from Attorney David Gay re: Sweetlands subdivision. The ZBA application is
being withdrawn and the Planning Board's denial will not be appealed, requesting to
be placed on August 1, 2001 agenda.
6. Meeting notices Attleboro Planning Board
7. Journal of the American Planning Association
8. Planning magazine
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!\fr. French suggested scheduling a site walk prior to the August 22,2001 workshop.
After discussion, the board decided to do a site walk on Wednesday, August 8 at 6 p.m.
Dr. Torman asked if there is a way to be certain special permits are being complied with.
!\fr. Burke said he would check on the outstanding permits and update the board. He
explained the enforcement of the special permit is through the Zoning Enforcement
Officer, but if the permit is violated, the Planning Board has the ability to bring the
permit back for revocation. [!\fr. French left the table at this time.]
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!\fr. Frank explained this is a special permit public hearing, which requires a super
majority of the entire board;!\fr. Cook and!\fr. French have decided to abstain due to
conflicts, leaving five voting members.
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Brian Leahy, Trammell Crow Co., representing the applicant, Horne Depot, presented the
plan for the overall development, which he said is approximately 34.2 acres. He
explained Phase I bas received site plan approva~ and they are in the process of
additionll planning for that phase. Phase II includes the Home Depot and an
approximately l()"ll,OOO square foot restaurantlbank building. Phase II will include a
new traffic signal at Norfolk Street, so traffic corning from School Street can access
Norfolk Street. Mr. Leahy explained this is a major change in the site layout and helps
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by creating an additional entrance and exit point. Trucks going to the industrial park
currently use West Street, but in the future, they will be able to access the park from
Norfolk Street, which will reduce truck traffic on West Street.
!\fr. Leahy said the plans have been through MassHighway, which has agreed to the
Norfolk Street signalization. The Conservation Commission has issued an Order of
Conditions; there are no wetlands on site, but some adjacent to the site. The Secretary of
EOEA has issued a certificate regarding the Draft Environmental Impact Report,
requesting the applicant look at additional issues, which!\fr. Leahy said they would do.
An Economic Impact report has been completed and submitted to the board, which
indicates approximately 500 full and part time jobs, approximately $8 million in payroll,
and $400,000 in tax revenue each year for the town. !\fr. Leahy said this site has
historically been industrial, and they are proposing to bring in strong companies and
comprehensive site planning to ensure the project is designed in fashion to mitigate any
impacts. He said landscaping is currently nonexistent, but they propose over 12 acres of
landscaping and buffer areas, especially adjacent to the residential areas.
The drainage system has been designed to meet Environmental Protection Agency Best
Management Practices. There is currently some older-style lighting on site, which throw
light offiste. The fixtures proposed are "shoebox" lights with hooded fIxtures which cast
light downward, and as required by EP A, no light will be directed offisite.
(' !\fr. Leahy explained the retailers would be maintaining the site for the long term and will
use the best standards available. He said the number of trucks entering and exiting the
site will be much lower than in the past. A sound study has been done, and the applicant
plans to conform to state requirements for sound levels.
A sound study has been done, and the applicant has implemented plans to conform to
state requirements that keep sounds levels at certain levels. !\fr. Leahy said Horne Depot
and Shaw's are good corporate citizens and will participate in community events.
!\fr. Leahy said there will be traffic coming to the site, but the mitigation plans will result
in less truck traffic on West Street.
Rob Woodland, Rizzo Associates, explained the traffic mitigation measures. An
extensive study area was examined to determine the impacts associated with the
development, including Route 140, Forbes Boulevard to School Street, and the Route
495/95 interchange. Several other intersections on Route 106 were also looked at.
!\fr. Woodland explained they had looked at the traffic signal operations along Route 140
in detail, and will tie the new Norfolk Street signal into the existing system to optimize
traffic flow. Mass Highway will have input on final design of those improvements.
Several traffic signals in the area will be replaced or upgraded, and!\fr. Woodland said he
believes the intersection capacity analysis shows a benefit, even with this project on line.
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including a signal adjustment to optimize traffic flow at that location, which will offset
the immediate impact of the development. The applicant will also be contributing
$25,000 for long-term improvements, and is hoping for help from MassHighway.
Pedestrian links for West and Walnut Street residents will be provided, including a
sidewalk on the south side of West Street too the project's driveway and a pedestrian path
through the development itself.
Traffic calming measures have been investigated, including an attempt to manage speeds
through the parking lot and a pedestrian crosswalk at the intersection of Walnut and West
Streets with a possible center-posted sign, which will reduce pavement width and provide
greater visibility for motorists. If necessary, !\fr. Woodland said they would also work on
advance warning signs. There are existing sight distance issues, which he said can be
improved with tree trimming.
Michael Bliss, Connors and Bliss, said the applicant had commissioned an independent
fiscal analysis, and the major fmding of the FXM report is a positive economic impact for
Mansfield, including new local spending, new jobs, and new tax revenue. Mr. Bliss
estimated the annual municipal cost of the project to be approximately $220,000, so there
will be a net positive impact.
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In response to the letter presented at the last meeting from Brady and Monac, !\fr. Bliss
said many of the issues raised are technical. He said they believe they meet all those
standards, but will look at them again if staff fmds any problems. Regarding the site
boundary issue, Mr. Bliss said he thinks it is clear and well represented on the plans, but
if staff decides there is a need for new Form A, they will be happy to do that. Regarding
changes to Phase I, he said he did not think there had been changes. He said he believes
they comply with landscaping, open space and building setback requirements. The Town
Engineer is looking at the detention basin and storm drainage issues. Mr. Bliss said he
does not believe they need additional approvals for earth removal or multiple uses, as
they are not planning an earth removal operation and he does not think the bylaw
prohibits multiple uses.
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Correspondence
The clerk read new correspondence since last public hearing on June 6, 2001:
1. Three letters submitted at public hearing by Mr. Leahy in support of the project.
2. Memo from John Sullivan, Town Engineer, dated July 18, 2001;
3. Report of "Economic and Fiscal Effects of the Proposed Erin's Centre, Mansfield,
Massachusetts" prepared for The Horne Depot by FXM Associates, July, 2001;
4. E-mail from Anthony Scarpino, 968 Maple Street, in support of the project, dated
July 17, 2001;
5. Certificate of the Secretary of Environmental Affairs on the Draft Environmental
Impact Report dated July 16, 2001;
6. Letter from 1. Lionel Lucien, Mass Highway to EOEA dated July 12, 2001 re: Draft
Environmental Impact Report "conforms generally to the EOEAlEOTC Guidelines
for EIRIEIS Traffic Impact Assessments."
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The following comments should be addressed in the Final Environmental Impact
Report: signal warrant analysis, commitment for necessary improvements to
include Route 1401N0rfolk Street in coordinated signalization system,
commitment to replacement of controller units, traffic control signal equipment,
optimization and coordination plans or other improvements to ensure the
appropriate operation and coordination of the corridor. The Final EIR should
provide a letter of commitment to implement traffic mitigation measures and an
update of the local permitting processes. Proponent is encouraged to consult with
MassHighway before the state highway issues are discussed in local meetings;
7. Letter from Paul L. Feldman, Davis, MaIm & D' Agostine, Attorneys at Law, to
Robert Durand, Secretary, Executive Office of Environmental Affairs re: Draft
Environmental Impact Report, dated July 9, 2001;
8. Memo from Roger H. Roy, Appledore Engineering to John Sullivan, Town
Engineer re: total build out sewer demandlLetter from Mr. Sullivan to !\fr. Roy,
received in the Planning Department July 11, 2001;
9. Memo from Sean P. MaIone, Appledore Engineering re: summary of changes
made to the Phase II plans, dated July 10, 2001;
10. Memo from Gary D' Ambra, Light Department Foreman, regarding Erin's Centre
electric connection, dated June 27, 2001;
11. Memorandum from Kurt Gaffuey, Water Operations Manager, regarding Erin's
Centre Water Connection, dated June 25, 2001;
12. Letter from Joseph and Eleanor Baptiste, owners of Map 11, Lot 20, in support of
the special permit, dated June 12, 2001;
13. Memo from Jack Mettee, Appledore Engineering, with responses to Department
Head comments on Phase IT Special Permit, dated June 6, 2001;
14. Letter from Attorney William O'Connell, Brady & Monac, dated June 6,2001.
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Greg Mikolaities, Appledore Engineering, explained he had made changes to the plans
based on department head and board comments. He will continue working with Mr.
Sullivan on engineering issues, which are not reflected on the plan.
Mr. McShane asked about signage. Mr. Leahy said there will be one sign at West Street
and one at Norfolk Street.
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Public Comment
Paul L. Feldman, Davis, Malm & D' Agostine, representing abutter Richard Bacari, Royal
Oak Trust. !\fr. Feldman said there are many other uses that could go on this site, which
would be more consistent with the industrial park and would provide benefits rather than
detriments. He said this plan doesn't comply with the parking regulations of the Zoning
By-Law and is 80-100 spaces short because there is no parking calculated for the 9,600
square foot building in the back, which would require an additional 50 spaces. He also
said there are areas shown on the plans, like the tool rental and other concrete pad
locations, which were not counted in the square footage calculations. The Zoning By-
Law requires one space per employee on the largest shift; with the number of employees
estimated, Mr. Feldman believes employee parking was understated by 15-50 spaces.
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!\fr. Feldman said he does not believe the application complies with drainage
requirements because it has not identified all the water entering onto the site, which
would have to be handled by the drainage system.
.Mr. Feldman said there are three main issues: noise, traffic and water consumption. A
water connection permit will be necessary, and he said the board should consider that
because it will have a municipal impact. This project will use 14,850 gallons of water per
day, more than three times the average connection.
He said the traffic report concludes there are several intersections where the level of
service will decrease, with an average of 12,000 vehicle trips per day being added to the
area. The report also says there will be an increase in intersection delays, resulting in the
reduction of service at some intersections. !\fr. Feldman's traffic consultant found
fundamental problems with the data used and believes the baseline traffic numbers are
inadequate. !\fr. Feldman said the additional traffic light is not necessarily a good thing,
as it will impede the flow of vehicles, add to the number of stoplights, and create
additional intersections, which may create more accidents.
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.Mr. Feldman said the applicant's noise study shows an increase in sound which is in
compliance with DEP's regulatory standard, which says the background noise level can
only increase that by 10 db. The noise study shows that level increasing by 9-9.5 db;
however, .Mr. Feldman said that to the human ear, that is close to a doubling of the noise
level. He said there were also noises not accounted for, like trucks on site.
Regarding the economic report, !\fr. Feldman said tax revenue will be realized when the
property is developed, regardless of the project. However, he said the study didn't take
into account the detrimental impact on other businesses in town and believes it
underestimates the costs to the town.
!\fr. Achille asked if!\fr. Feldman's client has an interest in Stop and Shop. !\fr. Feldman
said he does not, although he has developed shopping centers where both Stop and Shop
and Shaws have been tenants. .Mr. Bacari purchased the parcel from Stop and Shop when
it was sold as excess inventory, but he has no connection with that company.
Attorney Bliss said they would be happy to respond to the technical issues, but requested
the issues be presented in writing. He said the board should consider the fact that retail
uses are allowed by right on this parce~ and the special permit is for the restaurant and
because Horne Depot is over 100,000 square feet.
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Celeste Jones asked if the delivery curfew was in writing. !\fr. Frank explained that
would likely be a condition if the special permit is approved. !\frs. Jones asked what the
best type of buffer would be for the residential neighbors. Mr. Burke said some arbor
vitae would thrive, some would not, and a fence would reduce the visual impact, but as
far as sound, he did not think either a fence or plantings would help the Joneses, who are
higher than this site.
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David Martin, 258 West Street, was concerned about the site draining under Route 140
and onto his property. After the last meeting, he had spoken with the applicant's
engineer, but was not happy with response. He also spoke to !\fr. Sulllivan. !\fr. Martin
was concerned about the applicant using his property for drainage without permission,
saying that would be an eminent domain taking. He asked the board to consider his
issues before making its decision.
Jean Wilson, 67 South Walnut Street, asked what effect the project would have on
property values. Mr. Frank said that would depend on whose opinion one asked. Mr.
McShane agreed, saying there could be arguments made from both sides.
Steve McCaffrey, 236 Mill Street, said this would provide additional tax revenue.
Dave Gallot, 24 Angelina Lane, asked why the town wouldn't be receiving more revenue
from this project. Mr. Frank said it is beyond the scope of the board to require an
applicant to provide a certain amount of revenue. Mr. Burke agreed, saying the
commonwealth does not allow towns to engage in negotiations like that.
Lindsay McDonald, 330 West Street, was concerned there had been no noise, drainage or
lighting study done for that portion of West Street across Route 140. She said there are
already drainage issues in that area, and asked if there would be additional flooding with
this project. Mr. Leahy said site lighting has been addressed. Mr. Mkolaites explained
they are proposing a series of detention basins on the site, and water currently flows off
site across street. They are trying not to increase post-development flow by installing
outlet structures, which will hold peak flow on site and restrict flow off site. Mr. Dolan
said the board would depend on Mr. Sullivan's review to determine whether the flow will
be increased.
Mr. McShane said he thought what the applicant is proposing will improve water quality
and the rate of runoff, but said Mr. Martin's question was about the total quantity of
runoff being increased. He asked if recharge would be increased. Mr. Mikolaites said
they are not taking credit for any potential recharge. !\fr. McShane asked that he speak
with!\fr. Sullivan regarding Mr. Martin's concerns.
Ms. McDonald asked the applicant to assure her there will not be increased flow from
their runoff. Mr. Mikolaites said the water leaving their our site will not be any worse,
but he could not speak to what happens on that side of the street.
Mr. Frank asked if the noise study covered West Street across Route 140. Mr. Bliss said
it had been done at various points, but did not know if it went across Route 140. !\fr.
Feldman said it did not.
Leonard Flynn, 102 Jewell Street, said this is a major development happening on one of
the major roads into West Mansfield, and if the Golden Triangle, which is also zoned for
retail use, is also developed, it will have a dramatic effect on West Mansfield. He
suggested there should be some mitigation beyond what's been suggested, such as a study
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of the West Street/Tremont Street intersection, which is already very hazardous. Mr.
Flynn suggested widening West Street to four lanes from Route 140 to Hampshire Street,
which would keep all the traffic on industrial roads and off the smaller streets.
Sandra Levine, 20 Walnut Street, said she didn't care who owns property, her opposition
is not personal; her concerns are about the proposals for the site. She said that land was
rezoned from residential to industrial many years ago as a continuation of the industrial
park, but since it became industrial, there has never been an industrial use proposed. She
said it would be a mistake to give up industrial land for retail use, since the town could
never get the industrial land back. Regarding the economic impact, she said the jobs
would not be high-paying, so the employees wouldn't be able to live in Mansfield;
therefore, the project wouldn't necessarily help Mansfield's fmancial problems. She did
not think people shopping at Horne Depot on weekends would go downtown for
anything. Regarding noise, she said it would effect a lot of neighborhoods in the area,
especially since they have said the loudspeakers would be turned away from the
W est/Walnut Street neighborhoods. !\frs. Levine was also concerned about downtown
businesses, like True Value, Wallpaper City and Ro-Jack's, and said smaller companies
like Albany International, which brings in nearly $100,000 per year, do not need the kind
of mitigation steps this project would require. She added that the Master Plan advised
staying away from big box retail development.
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Barbara Rose, 9 Branch Street, said there were plenty of positives with this project, and it
would be good for the town. She said she will still shop downtown if this is approved.
George Dentino, Gladiola Terrace, said any project will produce light and noise issues,
but the studies should not have to be done for properties on the other side of Route 140.
Lester McGoldrick, 8 Eddy Street, said he is in favor of the project and would rather see
a big box store than the hundreds of box trailers currently on the site. He said he would
rather shop in Mansfield, and the site will be much more attractive with the proposed
landscaping. He said the developer's willingness to install traffic lights will be a benefit.
Lynn McDonald, 330 West Street, said she didn't want Mansfield to look like the
commercial areas of North Attleboro or Norwood.
!\fr. Burke reminded the board that the current fmal action date is August 7,2001.
Attorney Bliss said he would be willing to grant a continuance to August 30, 2001.
Motion: To continue to August 15,2001 at 8 p.m. (Dolan-Achille) All in favor. PASSES
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Motion: To adjourn at 11:15p.m. (Achille-Dolan) All in favor. PASSES
Date of next meeting: August 1, 2001 at 7:30 p.m.
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re of Clerk
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Date of Approval