HomeMy WebLinkAboutmin of planning brd 08/15/01
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Planning Board Minutes 0/" ", '. {)/(l) DF"r
August 15, 2001 Sf? - 6 let
Scott Frank, Acting Chairman; Bernie Dolan, Clerk; Roger Achille, Thomas M~~~eflf 12: 0 I
Kenneth Torman 11 A. S ~'ll (~'I"/"
Shaun P. Burke, Director of Plannin and Develo ment '" A C I i:. L D
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Motion: To appoint Mr. Frank Acting Chair (Dolan-Torman) All in favor. PASSES
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1. :Minutes July 18, 2001
Motion: To approve (Dolan-Achille) All in favor. PASSES
2. Letter from Sangermano Construction - Cobb Street paving
Mr. Burke recommended having Mr. Sangermano install all stubs and other
equipment necessary to just beyond the entrance to their development, and continue
negotiating with the landowner of the unbuilt portion of Cobb Street
Motion: To have Mr. Burke draft the above letter to Mr. Sangermano
(Torman-Dolan) All in favor. PASSES
3. ZBA application for Finding - 109 Charles Street - sideyard setback
Mr. Burke explained this is an addition to a pre-existing non-conforming property;
the addition will be off the back of the house and will not increase the existing non-
conformity.
Motion: To send the ZBA a positive recommendation
(Dolan-Achille) All in favor. PASSES
ZBA application for Finding and Variance - Rockland Federal Credit Union-
Copeland Drive - The Finding is for the expansion of a pre-existing, non-conforming
structure. A drive-through canopy will be added to the rear of the building, so theMr.
Burke suggested a positive recommendation on the finding, but did not think the
applicant meets the statutory provisions for a hardship on the sign variance.
Motion: To send the ZBA a positive recommendation on the Finding
(Dolan-Torman) Four in favor. McShane abstained. PASSES
Motion: To send the ZBA a positive recommendation on the Variance
(Dolan-Torman) Mr. McShane agreed that two small signs would be better than
one large sign, but said he would have liked schematics on the two signs so the board
could tell what they would look like. Mr. Frank said the applicant has not
demonstrated a hardship, as they could build a smaller sign
Two in favor. McShane, Achille, Frank opposed. F All..S
4. ZBA application for Variance - Mansfield Music and Arts Society - Holiday Light
Display at Tweeter Center
For temporary use (50 days) longer than allowed (5 days). Mr. Burke explained the
variance would run with the land, not with the applicant, so it is possible this could be
done at the Tweeter Center each year, with or without J\.1MAS involvement. Mr.
Burke also explained the other option would be a zoning change at Town Meeting,
which could result in town-wide changes.
Motion: To send the ZBA a positive recommendation, and a suggestion they check
with town counsel to fmd a way of ensuring this remains a non-profit light festival
(Dolan-Achille) Four in favor. Frank opposed. PASSES
5. ZBA decision - 905 South Main Street - William Richard - Extension Granted
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6. Memo from Mary-Lou Cotton re: Selectmen's vote to waive 100 signature
requirement for street acceptance petitions submitted and withdrawn from Spring
2001 Town Meeting warrant
7. July Building Permit Summary
8. Meeting notices Foxboro Planning Hoard; Plainville Planning Hoard; Attleboro
Planning Board; Attleboro ZBA; Easton Plarming Board
9. The Beacon magazine
10. Canoe River Aquifer Committee meeting notice
11. SPREDD Regional Review
12. Mass Interchange newsletter
13. Mass Housing Partnership Fund Annual Report
14. SRPEDD News Release re: TIP Funding
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Mr. Frank explained this is a special permit public hearing, which requires a super
majority of the entire board; Mr. Cook and Mr. French have decided to abstain due to
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responding to the new items brought up at the last meeting.
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Attorney Michael Bliss, Connors and Bliss, responding to Attorney Feldman's comments
of last meeting, said he did not believe those comments have any merit. He said he
believes the !vir. Baccari is acting for a conmlerciai compditor, and said the Royai Oak
parcel was purchased by a trust controlled by Stop and Shop, then was sold to Mr.
Baccari soon after. Mr. Bliss said Mr. Feldman had claimed Mr. Baccari bought the
parcel for a residential use; however, he said :Mr. Baccari has been appealing this
project's \vetland determi...~ation, \vhich v"ould be contraI)l to residential de"relopment.
Regarding Mr. Feldman's comments on parking, Mr. Bliss said they had received a letter
froIIllvlr. Cook approving their intelpretation of the nwnber of parking spaces. He added
they will be asking the board for a determination on the number of spaces needed for the
maintenance building; they are proposing nine spaces
Regarding Mr. Feldman's comments on drainage, Mr. Bliss said they had received a
letter from Mr. Sullivan approving the system.
Regarding Mr. Feldman's comments on noise Mr. Bliss explained DEP regulations allow
an increase of 10 decibels, which is based on the quietest time of day; therefore, the
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cXIsung nOIse IS nUl reallY oell1g UOUOIeu.
Regarding Mr. Feldman's analysis of the traffic study, Mr. Bliss said they had submitted
a significant response to MEP A, which did not require the applicant to address any of the
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Regarding Mr. Feldman's comments on water supply, Mr. Bliss said they have begun the
process WIder the town' s water COllllection policy.
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Regarding Mr. Feldman's comments on the economic impact, Mr. Bliss said the report
tUid been done by expeI1s in the field and they stand by it.
Regarding Mr. Feldman's assertion that an applicant does not have a right to a special
permit, Mr. Bliss said he agrees it is within the discretion of the Planning Hoard, but that
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Jack Mettee, Appledore Engineering, explained the changes to the plans. He said square
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new parking calculations show 1,296 spaces, more than required. The building at the rear
of Home Depot will be for maintenance and storage; he said based on similar uses in a
building of that size, nine spaces is conservative. There will be three bays in the
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Mr. Mettee explained the elimination of detention basin three at the rear of the site. The
stonnwater system has been revised to accollunodate additional stonnwater discharge in
the other two basins; Mr. Mettee has discussed this with MI Sullivan; who is satisfied.
Mr. Mettee said the post-development discharge will still be equal to or less than what
leaves the site now. The shape of detention basin two has been revised. A stamped
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In the previous plan amendment, the berm at the back of the site had been shown
regarded; in order to contribute to buffering for the neighbors, the plans now show the
oriQinal QTadinQ.
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The plans show pedestrian access throughout the site, along with bicycle racks at the
front of each building
.Mr. Mettee explained there will not be any additional flooding onto abutting properties
because the stormwater discharge rate will remain the same. Local and state regulations
for stormwater ma..'lagement on the site have been met. Drainage swales, sedimentation
basins, and catch basins have been added to the system to prevent pollutants from
entering the system.
Brian Leahy, Trammell Crow Co., said the project would create approximately 500 jobs,
and based on similar stores in Norwood and South Attleboro, could generate as much as
$464,000 in real estate taxes. Phase II alone would generate approximately $270,000 in
real estate taxes. He said that number does not include personal propert)' tax, \llhich
could be an additional $80,000. Mr. Leahy estimated payroll at $8 million, with
approximately $3 million coming back to the town.
Mr. Leahy explained the applicant is not seeking any waivers from the Zoning By-Law,
and that the project will improve drainage, landscaping, lighting, aesthetics, noise and
traffic on this site.
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The applicant is also proposing a community benefits package, including Home Depot
working with the \Vater Department on water conservation measures amounting to
approximately $40,000 over five years. They are also proposing to donate two $1,000
scholarships each year to Mansfield students, approximately $2,000 in equipment to the
Council on Aging, and matching funds up to $5,000 for conservation land, a skateboard
park., and the animal shelter.
Traffic engineer Rob Woodland explained the applicant would be spending up to
$300,000 to open Norfolk Stred and lie into new signals al adjacent intersections.
Correpsondence
The clerk read the following new correspondence items:
!vlemo from John Sullivan, Town EngL.'1eer, dated l\.Ugust 15, 2001 - revised
plans/drainage calculations appear to adequately address comments; minor issues remain
Memo Kurt Gaffuey, Water Operations Manager, dated August 15,2001 - appear to
meet water dept requirements; must meet water connection policy; must pay $7500/year
for five years based on 22,000 gpd daily use; Board of Selectmen must re-view and
approve water connection permit.
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Memo from Patrolman Lance Lawson, Traffic Safety Officer, dated August 14,2001 re:
revised pla1".s; suggests doing traffic study after three and six months to adjust signal
timing.
Letter from Bertram Cook, Inspector of BuildingslZoning Enforcement Officer, dated
August 13, 2001 re: parking requirements
Memorandum from Attorney Paul Feldman, Davis, MaIm & D' Agostine
Memorandum from Appledore Engineering re: drainage calculations
Memorandum from Robert Woodland, Rizzo Associates, dated August 3,2001 to Town
Engineer John Sullivan re: Traffic Mitigation Summary
Letter from Celeste Jones, dated August 14, 2001 thanking the board for its efforts
Letter from Hradford E. Willis, dated August 13, 2001 in support of the project
Letter from Edward Dalton, dated August 8,2001 in support of the project
Letter from Michael Aros, dated August 2, 2001 in support of the project
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Public Comment
Attorney Paul Feldman, Davis, Maim & D; Ago stine, representing abutter Richard
Bacca...;, Royal Oak Trust. :Mr. Feldman said he believes his comments were substantive,
and that the applicant satisfying MEP A is not the same as satisfying the Planning Board,
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which has to decide if the application complies with the requirements of the Zoning By-
Law.
Attorney Feldman said he did not believe their comments on the traffic study had been
adequately addressed, since traffic counts had only been done for one day. He said he
was concerned about t~e elimination of one of the drainage basins, 3....fld asked how the
system could work with the same amount of water but fewer basins.
Attorney Feldman said the work proposed within the wetland areas will effect drainage
on abutting properties.
Attorney Feldman said the applicant cannot comply with the parking regulations in the
Zoning By-Law, which requires the number of spaces to be based on the total square
footage of the building, induding storage areas. (Mr. Cook has said the parking could be
determined based on square footage less storage areas.)
Attorney Feldman said even though this use is grandfathered, Town Meeting decided to
require all retail in the Industrial zone to be a special permit use, so the board should take
that into consideration when deciding this permit.
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Attorney Feldman said that real estate taxes would be collected from whatever business is
developed on this property, and added the density of the development is excessive for th.e
area.
Carol Gordon, 407 West Street, said there were no guarantees the additional traffic will
use Route 140 rather than West Street. She was concerned her neighborhood would
suffer if the traffic study is wTong about that issue.
George Wojtkiewicz, 1 Gladiola Terrace, said he couldn't think of a better use for this
property. He said there is very iittle business-zoned land left in town, and did not think
the noise a..fld traffic would be as bad as expected.
Mike Riondo, 8 South Walnut Street, asked about hours of operation. Mr. Frank
explained that would be a condition of tt~e special permit.
Sandra Levine, South Walnut Street, remind the board of the Mullin Report, which
advised against retail in the industrial park. Mrs. Levine said the increased revenue
w'm!1d be good for the tmv!'., but not as good as the revenue from an industrial use.
George Dentino said he did not think the town would be getting more industrial uses, and
said he couldn'l Hunk of a beller spollo pul ihis project He said he did nollhink lraffic
would be effected as much as people think
Carl Nelson, 606 School St, said he thinks this is an excellent location tor this project.
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Board Comment
r Mr. McShane asked what the tax benefit from Phase II would be. Mr. Bliss said it would
bc about 60% of the whole development, which is estiInated at $150,000. :rvlr. Bliss
added the daily water consumption would be approximately 13,500 gallons per day with
five or six connections.
Mr. McShane asked about the 5,000 square feet of retail use being added to Shaws; Mr.
Leahy explained that space had been on the original Phase I plan, was taken off, then put
back OR He said Shaws mav use it or rent it out.
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Mr. McShane asked if the accessory building would be Mr. Clemmey's office. Mr.
Leahy said it would be used to store equipment and ~fr. Clemmey will use it as his office.
Mr. McShane asked about the elimination of the third detention basin. Mr. Mettee said
they had originally pianned to take the discharge from the Home Depot roof, so very littie
draw.age was gOL.l1g in there in the first place, Later, they found t.itey couldn't use the
material in that area for fill and didn't need the basin there. The water from the roof will
be diverted to a swale at the side of Home Depot and into detention basin 1. The net
effect will bc the same discharge going off the site, wl-tich will be equal or less than what
is currently there. He said Mr. Sullivan concurs with the calculations. The area where
detention basin 3 was to have been will be open space.
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Mr. McShane asked about the change to the berm at the back of the site. Mr. Mettee said
the berm had been regarded to a shorter height on the last set or plans; upon further
refleetion, they decided that would not appropriate and the original design will remaiR
Mr. McShane said Officer Lawson had been concerned about there being no sidewalk on
the north side of West Street. ~1r. \V oodla.."1d explained they decided not to install a
sidewalk on that side because it would not be a safety feature. He said they would have
to introduce another pedestrian crossing from that side of the street, which he did not
think wouid be safe.
Mr. McShane asked what is proposed to ensure reduced traffic on West Street. Mr.
Woodland said West Street is very narrow at that point, so it acts as a natural traffic
calming measure. After the point where it opens up, advance warning signs and
pedestrian crossings could be added as traffic calming measures.
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Mr. McShane said the Secretary of EOEA pointed out the landowner controls two
abutting properties, and asked what ,vas going to happen with those. Iv!r. Leahy
explained they are residential with houses on them now. Mr. McShane asked about
whether the open space question had been resolved, and whether the Quirk parcel was
involvt,;d. ivIr. uahy said !ht,;y comply wilh open space requirt,;menls wiih is-fed of !hi;;
Industrial portion of the Quirk property included. Without that portion, which is part of
the project site, they do not comply. Mr. McShane asked why that parcel wasn't simply
made part of this site. Mr. Leahy said that piece of land goes with the Shaw's site, and
has nOLlting to do \vith Home Depot. !\'.1r.1\1ettee explained that each phase stands alone
for open space requirements.
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Mr. McShane asked about the type of Home Depot being proposed; Mr. Leahy said it
would be the standard Home Depot, which has been most successful in Massachusetts.
Mr. McShane asked what the impact of the additional tax revenue would have on
Mansfield residents' tax bills, saying he had been told it would be negligible. He asked,
therefore, if the benefits would outweigh the detriments of the proposaL IvIr. Leahy said
the fiscal impact report shows the town won't have to increase services if Home Depot is
built. Mr. McShane said he did not think that would be enough to make it a benefit.
Mr.McShane said he was concerned about developing Route 140 in terms of changing the
character of Manstield, increased traffic, and the division of portions of the town. He
asked what would be different in terms of life in !\funsfield if the Route 140 traffic counts
predicted are accurate. Mr. Leahy said most of the shopping traffic in town is on Route
106, so this would spread the traffic around. Mr. Woodland said he had looked in detail
at trip generation rates on supermarket projects, and said his basic findings were that with
an existing supermarket in town. another one would not generate twice as many demand
trips; the existing store will just get fewer trips. He explained their study was subject to
MEP A regulations, which 10rced them to assume 25% additional trips; he said he
believes t~at results in 3.."1 overstatement of the traffic impacts of tltis project.
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Mr. McShane asked about the benefits package. Mr. Leahy reiterated the proposal for
water conservation measures amounting to approximately $40,000 over five years. Tney
are also nronosim! to donate two $LOOO scholarshins each year to Mansfield students_
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approximately $2,000 in equipment to the Council on Aging, and matching funds up to
$5,000 for conservation land, a skateboard park, and the animal shelter.
Due to the hour, the board discussed continuing the public hearing, provided the
applicant would grant an extension for fmal action. The applicant agreed.
Motion: To continue the public hearing to September 5, 2001 at 8 pm, with the deadline
for final action to September 20, 2001. (Dolan-Achille) All in favor passses.
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Mr. Clemmey told the board he is not in negotiations with Mr. Sangermano on the Cobb
Street land beyond the ViUage at WiUow Crossings entrance, and is planning to come in
with a residential subdivision, so the road should not be paved. Mr. Burke explained Mr_
Sangermano was told to stub off the utilities and install the waring course of pavement.
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Motion: To adjourn at 11:15p.m. (Torman-Dolan) All in favor. PASSES
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Date of next meeting: August 22, 2001 at 7:30 p.m.
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Signature of CI~
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Date of Approval