HomeMy WebLinkAboutmin of planning brd 12/17/03
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Planning Board Minutes I" , I
December 17, 2003
Present: Tom French, Chair; Bernie Dolan. Doug Annino, Walter Jenkins, Mark Coo~
Ken Torman, Fred Armstron .
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ITS
Motion: To appoint Mr. Annino Acting Chair (Dolan-Cook) All in favor. PASSES
1. December 3, 2003 Minutes
Motion: To approve as submitted (Dolan-Armstrong) All in favor. PASSES
[Dr. T orman arrived at this time]
2. Draft special permit decision - Town of Mansfield Water Treatment Plant
Motion: To sign the special permit decision (Dolan-Armstrong)
Five in favor. Cook abstained. PASSES
[Mr. French arrived at this time]
3. Request for bond release - South Meadow Estates - Michael McClanahan / Memo
from Mike Ahem recommending the release of$15,766
Motion: To release $15,766.00 (Dolan-Cook) All in favor. PASSES
4. Meeting notices Norton, Sharon, ITPG
5. Planning magazine
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Basin Street - Parillo. The plan seeks to create two lots out of one. The new lot is non-
conforming because of lack of frontage, and is labeled as such on the plan.
Motion: To endorse the Form A (Dolan-Armstrong) All in favor. PASSES
Central Street - Exxon Mobil/S&J Greenberg. A portion of the Greenberg lot is being
sold to the Exxon lot.
Motion: To endorse the Form A (Dolan-Cook) All in favor. PASSES
[Mr. Cook left the room at this time.]
1 .S.i..............-.....U...t.E.'. C.~- 390 West Street
Alan Micale, Ayoub Engineering, presented revised plans for a Pizzeria Uno at Erin's
Centre, following Mr. Sullivan's original concerns. There have been slight modifications
from the original Erin's Centre special permit - this building is about 37% smaller than
originally approved. The island between the two access drives has not been changed.
About 3,400 square feet of landscaping has been added around the perimeter of the
building. Three additional parking spaces have been added. The transformer pad has
been relocated to the back of the building, which has been approved by the Electric
Department. A brick-enclosed trash enclosure has been provided. The building will be a
red brick structure. The lighting has not been changed, nor have the catch basins. The
~ peak runoff will decrease because there will be less impervious surface. Substantial
plantings will be added around the building.
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Mr. French asked about seating; Mr. Micale said there would be 209 seats, with a seating
area and a bar area. There will be sufficient parking.
Mr. Armstrong asked if this is Uno's standard sized restaurant; Mr. Micale said it is. He
said there will be seasonal outdoor seating facing Route 140, which is included in the
parking calculations. He said the site has 20 spaces over what is required by zoning.
Department Head Comments
Mr. Burke's memo indicated he has met with Mr. Micale and his concerns have been
addressed.
Mr. Sullivan's memo indicated his concerns have been met, with three suggested
conditions: estimated sewer flow be provided, sewer connection permit be obtained,
industrial discharge permit be obtained. Mr. Micale said he has begun the process for
each of those and he will provide Mr. Sullivan with the appropriate numbers.
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Board Comments
Mr. Jenkins asked about the roof; Mr. Micale said there would be a fascia built up around
the building, and he would look at the roof detail with the building inspector. Mr.
Jenkins asked about the signs; Mr. Micale said there would be building signs that meet
the requirements of the Zoning Bylaw; there will be panels for Uno's on the pylon signs.
Mr. Jenkins said all sides of this building will be seen, and said he thought they had done
a good job on aesthetics. However, he said the wall facing the Shaw's parking lot was
somewhat lacking. Mr. Micale said it would be brick faced as well, with a roof over a
portion of that side for the trash enclosure.
Mr. Annino said the traffic on Route 140 would look at the worst part of the restaurant,
with the change in elevation causing drivers to look right into the dumpster. Mr. Jenkins
suggested either the enclosure be made higher or have something placed over it. Mr.
Micale said the trash enclosure would be made of metal. Mr. Armstrong noted there are
arbor vitae around the enclosure, which will grow quickly. Mr. Annino said he didn't
believe there are enough arbor vitae around the enclosure, and was concerned about
drivers looking directly into the dumpster.
Mr. Jenkins asked where deliveries would be made; Mr. Micale said deliveries would be
made to the side of the building.
Mr. Armstrong said he was also concerned about the dumpster area, but otherwise said
the applicant had done a good job with the rest of the site.
Jim Carey, Pizzeria Uno, explained the roof system will project over a portion ofthe
trash enclosure. He said he was open to making modifications to that enclosure.
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Mr. French asked if the primary entrance is from Norfolk Street; Mr. Carey said it was.
Mr. French suggested the primary entrance could be from within the shopping center for
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added visibility, then the building could be flipped and the dumpster could be placed on
the Norfolk Street side, which has a lower elevation. Mr. Annino agreed.
Mr. Jenkins said when the light at Norfolk Street becomes operable, more traffic will
come in that way. Mr. Carey said the proposed design was because utilities are at the
back of the building.
Mr. Micale said he would work on screening the trash enclosure differently with Mr.
Burke and the building inspector.
Mr. Annino asked if the guard rail shown is part of this site plan; Mr. Micale said that
was part ofthe original plan.
Motion: To send the building inspector a positive recommendation with all department
head comments addressed, specifically Mr. Sullivan's concerns, and asking the building
inspector to work with the applicant on the dumpster area, either with additional plantings
or higher enclosure (Dolan-Armstrong)
Mr. Annino said he didn't feel the application includes enough information for site plan
reVIew.
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Mr. French asked if the same paving and sidewalk specs would be used throughout the
site. Mr. Dan Clemmey said it would be.
Five in favor. Annino opposed. PASSES
6. Special PerRlit PIIIJIic Rea..... - 86 Pratt Street - COIIversioa of Two-Pamily to
TIt..."...,. - Patriek FaIly
[Mr. Cook returned at this time.]
The clerk read the public hearing notice. Mr. French explained the special permit public
hearing process.
Ralph Maloon, RIM Engineering, presented the plan for the conversion of a two-family
to a three-family. Six parking spaces are shown on the Plan. but no exterior changes or
changes to the pavement are planned.
Department Head Comments
The clerk read comments from Mr. Sullivan, Mr. Gaffney, Ptlm. Lawson, and Lt. Towne;
none had any concerns. Mr. Burke's memo indicated he has no objections to the permit.
Public Comment
There was no public comment.
Board Comment
( Mr. Jenkins asked about the existing units; Mr. Fahy explained there are four bedrooms
in two units. Two bedrooms and two baths are proposed for the new units. Mr. Fahy
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said the former garage would be converted into the third unit. Mr. Jenkins asked ifthere
is enough space for stockpiling snow; Mr. Fahy said there is.
Mr. Armstrong asked what is between the three parallel spaces and the house; Mr.
Maloon said there is a deck. Mr. Jenkins suggested some bollards between the two.
Mr. French said this is an application for a special permit, and the board is required to
determine that the benefits outweigh the detriments to the town. He asked if there are
other three family homes in this area Mr. Fahy said there is a three-family to the left of
this site, and a two-family to the right. Mr. Maloon said there is a single-family home
and a duplex across the street. Mr. Maloon explained Thompson Street is an unbuilt
paper road.
Mr. Fahy said the benefit of this application is the creation of another apartment in the
downtown area, and said he is a good landlord with long-time tenants. Mr. Maloon said
this will provide additional housing in an area close to the train station. Mr. Dolan
suggested the value ofthe house would increase with the additional unit.
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Mr. Annino asked how emergency vehicles would get on site with the three cars parked
along the fa~ade. Mr. Maloon said the driveway is 10 feet wide; Mr. Annino said the
street is very tight and emergency vehicles would have a hard time accessing the house.
Mr. Maloon said there are three steps up to the porch, which leads to the entrance to the
fust floor apartment. The two existing garage doors will be enclosed, and it will be
shingled to match the existing house.
Mr. Annino asked about trash collection; the town collects the trash for this site. The
trash cans will be stored under the deck. Mr. Annino said storing trash under the deck,
which is the second egress for the second floor apartment, isn't a good idea.
Mr. Annino asked about lighting. Mr. Fahy explained there are existing flood lights on
the site.
Mr. Annino asked if any fire escapes would be added. Mr. Fahy said there would not be.
Mr. Annino asked about the parking spaces; Mr. Maloon said they were about eight feet.
He said the distance between the last parallel parking space and the next space is 23 feet.
He said the residents parked in the parallel spaces will be able to turn around at the end of
the driveway.
Mr. Dolan said he thought the ladder truck would be able to reach the house from the
street. He asked about the second floor deck; Mr. Fahy said that is the fire escape from
the second floor.
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Mr. Dolan said he didn't think handicapped parking spaces are required for an apartment
with only three units.
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Motion: To approve the special permit application for the conversion of the two-unit
apartment building to a three-unit apartment building at 86 Pratt Street with the following
conditions:
1. Plan of Land at #86 Pratt Street in Mansfield, Ma, dated December 4, 2002 by RIM
Engineering Co., Inc. is incorporated into this special permit decision by reference and
shall be recorded with the special permit decision.
2. All above-referenced department head comments shall be satisfactorily addressed
within the 20-day appeal period.
3. All parking spaces shall be clearly marked and the marking shall be maintained.
(Dolan- Torman)
Mr. Annino said he didn't feel the board was given enough information to make an
appropriate decision. Mr. Dolan said this is a residential home, and the department heads
have not sent any concerns. He said the board has to find the benefits of granting the
special permit outweigh the detriments, and suggested the additional apartment and the
additional tax revenue may be benefits.
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Mr. French read the criteria for the grant of a special permit. Mr. Armstrong said the
movement within the site may be impacted, but the other criteria didn't seem to be
impacted.
Mr. French asked if the board would like additional information. Mr. Dolan, Mr.
Armstrong, and Dr. Torman said they felt comfortable with the information submitted.
Mr. Annino said he would have liked to have had more information. Mr. Jenkins said he
hoped the applicant understood the submission requirements of all the departments in
town. Mr. Fahy said he understood he hadn't followed the proper procedure the first time
he filed for the special permit.
Dr. Torman - In favor. The application meets the requirements of the Zoning By-Law.
Mr. Jenkins - In favor. There is a benefit with the provision of reasonably affordable
housing, but I would like to see the parking spaces clearly marked so the residents know
where to park.
Mr. Armstrong - In favor. With the additional housing unit, the benefits outweigh the
detriments.
Mr. Annino - Opposed. I believe there are a number of detriments to this site; it is
overcrowded, the pedestrian/vehicle safety is an issue, and the emergency vehicle access
is unacceptable.
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Mr. Cook - In favor. The benefits outweigh the detriments.
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Mr. Dolan - In favor. With the additional rental unit, the benefits outweigh the
detriments.
Mr. French - Abstained.
Five in favor. Annino opposed. French abstained. PASSES
Motion: To close the public hearing (Dolan-Cook) All in favor. PASSES
17... D...Jli....~~.--.a.rtiCIe.J,Uq
Karl Clemmey presented several proposals for zoning amendments. Mr. French said the
board would be happy to discuss the items, but that any amendments would have to go
through a public hearing prior to town meeting, so this discussion would be nothing more
than an exchange of ideas. Mr. Clemmey said he didn't intend to go before town meeting
without the board's endorsing the articles, or at least discussing them.
1. 3.3.9, Assisted Care Retirement Facilities. Proposal is to allow in Rl with a
minimum of20 acres and in RD with a minimum of 10 acres with a special permit. Mr.
Clemmey explained the town's population is aging and his proposal would be connected
with 40B so new people could come in. He said there is a lot of acreage in RI, he owns
some and has purchased more. He said he would be looking to develop that land and
may build modular homes on it.
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Mr. Annino asked how Mr. Clemmey arrived at 20 acres; Mr. Clemmey said he just
picked a number. He said with the open space requirement, a large parcel of land would
be needed. Mr. French said he thought the Village at Willow Crossing works well where
it is because it is in a dense area, close to town. He said many of the Rl areas are fairly
isolated and rural, and he didn't know how well something like this would work in an
area like that.
Mr. Clemmey said developments like this would allow people to retire and still own
property. Mr. Annino asked if sewer should be required; Mr. Clemmey said he would
recommend the site be on sewer.
Mr. Dolan said the only problem he had with the Village at Willow Crossing is the
amount of ambulance calls it requires. Mr. Clemmey said he was talking about 55 and
older residents, not elderly people with Alzheimer's or other special needs.
Mr. Clemmey said he was interested in facilities for 55 and older more than in assisted
care facilities, and suggested this proposal and the next be combined. Mr. Armstrong
said he was more comfortable with a 55 and older in the RI zone than in an assisted
living facility in that zone.
2.2.2.10, Residential Facilities for Residents 55 Years or Older. Proposal is to allow in
,,-. RI with a minimum of20 acres.
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Mr. French said this would be a less care-intensive facility, with perhaps more active
adult residents. Mr. Cook said it would be like an age-restricted subdivision; Mr.
Armstrong said the units could be single-family rather than multi-family.
3. 3.5.6, Fast Food Restaurant. Proposal is to allow in B3 and 13.
Mr. Clemmey said Wendy's has had the whole market for several years, and there should
be competition. He said fast food should be allowed by special permit in at least one
other zone besides 11. He said he was planning to do something with Clemmey Tank,
possibly a fast food restaurant.
Mr. Annino said he would have a problem with fast food in the B3 zone, but may
consider 13. Mr. Dolan said changing zoning to allow a use would allow that use on all
properties in that zone.
Mr. French said fast food should be kept away from residential areas because of the
noise, trash and odor.
4. 3.5.16, Auto Service Station. Proposal is to allow in B3.
Mr. Clemmey said he owns a piece of land in B3 on Copeland Drive, which he wants
to develop as a gas station. Mr. Armstrong asked if that site backs up to residential
land; Mr. Clemmey said it does, but the town has landscaping and buffering
requirements. He said he wants to put three businesses on the site.
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5. 3.5.18, Car Wash. Proposal is to allow in 13.
Mr. Clemmey said car washes have their own wells and holding tanks, and use recycled
water. Mr. French asked if this would be accessory to a gas station. Mr. Clemmey said
it would be a primary use. He suggested the Hatheway Patterson site could be a good
location for this.
6. 3.6.2, Bulk Material Storage/Sales. Proposal is to add "Bulk material storage/sales;
self-storage facilities" to the definition and allowed in the B3 or 13.
Mr. Clemmey suggested the Clemmey Tank site could be a location for this; Mr.
French said that might not be a bad use on a site like that.
Mr. Clemmey said he would like the board's support at town meeting on some ofthese
proposals.
7. Rezoning of land at the rear of Shaw's Supermarket on West Street from R2 to 11.
Mr. Clemmey presented the board with copies of Franklin's bylaw regarding a street
similar to Route 140 at Shaw's, where there is a vacant seven-acre lot. This bylaw would
allow the zoning of the parcel in front to be extended back top allow another project
without that property in the back having to be rezoned, with the approval of the Planning
Board.
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Mr. Jenkins asked if that lot is divided by a zone line; Mr. Clemmey said it was not.
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Mr. Clemmey said the abutters to Erin's Centre on South Walnut Street are pleased with
the berm he is building.
8. Rezoning of375, 383, 395 West Street :from R2 to 11.
Mr. Clemmey said this is across from Shaw's, and he would remove three houses but
leave the last house as a buffer. He said he has spoken with the Casa Drive abutters
about this. Mr. French said the board has always been concerned about the effect of
business creeping into the residential neighborhoods in this area.
Mr. Dolan said some of the proposals have merit and he would be willing to discuss them
further.
Mr. Clemmey said he would like to remove the gravel in the residential lot behind Erin's
Centre, which he said is piled up and has 50-60 trees on it.
II. AroQdtJaeTabIe
Mr. Jenkins suggested further discussion about what should be submitted with special
permit applications. The board was concerned that applicants understand they will be
held to specific standards when they file a special permit, and that all the applicable
information should be included with the original submission.
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The board thanked Mr. Cook for his contributions to the board and wished him well.
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Motion: To adjourn at 10:30 p.m (Torman-Cook) All in favor. PASSES
Date of next meeting: January 7,2004 at 7:30 p.m.
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Ignature of Clerk // .
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Date of Approval
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