HomeMy WebLinkAboutmin of planning brd 08/11/04
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Planning"B~ifd ~~~ OFF I CE
Augus~~~,lPOi'\ Pt'i \; 31 . .
Present: Tom French, Chair; Fred Armstrdng, ~ferk; Waher JeIikms, Doug Annino, Ken
Tonna.n, John DeMassi, Frank Holmes MJ.\NSF IELO
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1. July 14, 2004 minutes
Motion: To approve as submitted (Torman-DeMassi) All in favor. PASSES
[Mr. Jenkins arrived at this time]
2. George's Cleaner's special permit and plans to be signed
The board discussed a few corrections to the conditions of the special permit: (#6-
lighting submitted to Planning Department "for review and approval"; #7 - trees shall
be 2 ~ inch caliper; # 1 0 - condensers should be screened by a parapet; # 13 - add "as
determined by the chiefofpol1ce")
Motion: To sign the special permit as amended and plans
(Torman-DeMassi) Five in favor. Holmes and Jenkins abstained. PASSES
3. July Building Permit Report
4. Meeting notices Easton, Foxboro, North Attleboro, Sharon, Canoe River Aquifer
Advisory Committee
5. AP A Newsletter
6. The Beacon
7. Planning magazine
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The clerk read a request from the applicant to continue the public hearing to September
15,2004.
Motion: To continue the public hearing to September 15,2004 at 8:00 p.rn.
(Armstrong-Torman) All in favor. PASSES
The board discussed the scheduling for the School Street retail development public
hearings. It was decided to tentatively schedule the second meeting night for August 24,
2004 at 7:00 p.rn. in Room 3 aIb.
The clerk read the public hearing notice. Mr. French explained the special permit would
require a super majority vote of the board.
Attorney John Kessler introduced applicant Dana Barros and Bruce Setch, site manager.
Mr. Kessler explained Mr. Barros has been operating his basketball camp in various
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locations for 14 years and this would be its permanent home. There will be a variety of
recreational uses, a fitness center and a small restaurant with a liquor license.
Attorney Kessler said this would be primarily a basketball camp/training facility,
focusing on children. He said most participants would be driven to the camp and dropped
off. There will also be aduh evening basketball leagues and they hoped to attract large-
scale weekend events. There will be indoor baseball, a lacrosse facility, batting cages
and golf. The building has two floors with existing locker rooms on the lower level;
offices and restaurant will be on the second floor. Mr. Kessler said the restaurant will be
less than 1,000 square feet, so will not need a separate permit.
Michael Perrault, PMP Associates, explained the existing parking area is not striped. He
said some of the proposed uses inside the building are not described in the Zoning By-
Law, so the application provides an analysis breaking down the various uses and
proposed ways to calculate the parking. He said he looked at another town's Zoning By-
Law, which does cover all the uses they plan and he came up with 297 parking spaces
required. There will be 97 on-site parking spaces and 211 off-site spaces at an abutting
building on Berkshire Road for a total of 308 spaces available for the facility. Mr.
Perrault said there will be a walkway linking the off-site parking to the building. He said
he has located the handicapped spaces on the site, so they are closest to the building.
They will be striping the parking area, creating walkways and building platforms for
handicapped accessibility. Mr. Perrauh said the building is already fully sprinkled. He
said the existing landscaping is overgrown and will be trimmed.
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Mr. Perrault said he understood the board would have to determine this is an appropriate
use and would also have to determine the parking proposed is sufficient.
Department Bead Comments
Mr. Armstrong read an August 11,2004 note from Mr. Burke indicating the board should
have copies of the signed parking leases before issuing a special permit and a July 29,
2004 memo from Mr. Burke indicating the special permit can be granted, but noted the
board would have to make a finding about the adequacy of the proposed parking. Mr.
Burke's memo said the restaurant use, which is under 1,000 square feet and ancillary to
the primary use, would be allowed by right; however, if it were to be enlarged, a new
special permit would be necessary.
Mr. Armstrong read a memo from Mr. Field with concerns about the off-site parking.
Mr. Armstrong read memos from Mr. Gaffney, Lt. Towne and Ms. Langille.
Public Comment
There was no public comment
Board Comment
Mr. Jenkins asked for an overview of the parking calculation presented in the special
----.. permit application. Mr. Perrault said the Zoning By-Law gives the board the ability to
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make a determination on parking for uses not listed. He explained the facility has about
4,000 square feet of office space, which would require 20 spaces. The restaurant, with 72
seats, would require 18 spaces. There will be 600 seats on event bleachers, which WQuld
require 150 parking spaces. The fitness center will have, at an average peak time, 50
people; the batting cages/golf driving area, 11 people; and there will be 30 camp
counselors. He said when that was all figured, he came up with 297 spaces. However,
with no camp going on, the highest number of people would be on the basketball courts~
which would free up 120 spaces. Ifnothing is happening on the turf field, there would be
another 48 spaces available.
Mr. Perrauh said he looked at Dedham's Zoning By-Law, which includes a "club"
definition describing the types of recreational uses proposed for this site. Using those
numbers, he arrived at 288 parking spaces. He said they have provided 308 spaces and
asked the board to make a determination that would be adequate.
Mr. Jenkins asked about a statement made in the application that only 10% of the
participants will be driving. Mr. Perrauh said he used numbers based solely on the uses,
not on expected drivers. He said he anticipated fewer cars because many of the
participants will carpool or be dropped oft: but that the additional parking would be
required during special events.
Mr. Perrauh said an operation like this will have a fast parking turnover, with different
events happening at different times.
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Mr. Annino asked how this facility compares with other facilities. Mr. Barros said he
works with three other facilities, including UMass and Mihon Academy. He said he was
looking forward to having a permanent facility.
Mr. Jenkins asked about the abutting properties. Mr. Kessler said part of this property is
in Foxboro. Mr. Jenkins asked about the abutting Oxford Realty property; Mr. Kessler
explained the site is all owned by Oxford, but happens to be in two towns. Mr. Jenkins
said he wants to feel comfortable that the integrity of the access will be maintained. Mr.
Kessler explained t~ parcels are both owned by Oxford, and the lease will be with that
company for the entire parcel.
Mr. Annino asked about the off-site parking lease. Mr. Kessler said the site they are
leasing for the facility is one lot of land in two towns; when they are referring to the off-
site parking they are talking about a different parcel. Mr. Perrault said they will be
leasing the Oxford Road lot in Mansfield, which has a small portion in Foxboro; both are
part of the lease. The on-site parking spaces are included in that lease. The off. site
parking spaces are on the Berkshire Road parcel. Mr. Jenkins asked if they land on the
Berkshire parcel will also have a lease. Mr. Kessler said it would.
Mr. Kessler said there will be two leases. He explained the Berkshire Road property is
owned by Long Gate LLC. Long Gate currently leases the property to Tyco, which in
r'- turn subleases it to Axeda Systems, which currently uses the property. Mr. Kessler said
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they had originally planned a single parking lease with all three organizations; however,
Axeda has an option to extend its lease or not, as does Tyco, so they had to provide for
the possibility that any of those three organizations were using the site. The resuh was
that Long Gate asked them to split the lease, the first part to be with Axeda for the term
of its sublease, the second to be with Long Gate itself.
Mr. Jenkins said they would have to demonstrate the Berkshire Road parcel will still be
in compliance with its parking spaces after leasing some to Mr. Barros. Mr. Kessler said
that facility has so much parking it can give some up. Mr. Jenkins said this facility's
peak times and Axeda's are probably different and the shared parking can work, but the
board would have to be sure Axeda wouldn't be left short. Mr. Barros said they have
agreed to hold their large events on Friday nights, Saturdays and Sundays. Mr. Kessler
said Axeda feels it could have given up even more parking spaces and still have plenty
for its own use. Mr. Perrault suggested that could be made a condition of approval. He
said the plan will have specific notes about the parking and leases, along with associated
easements.
Mr. Jenkins said he was concerned about Axeda leaving that building and having a more
parking-intensive use go into that site. However, he said he understood the events at this
facility would likely be done at off-peak times for a business abutter.
Mr. DeMassi asked if the plans would be redrawn to show the off-site parking. Mr.
Jenkins said they would have to be, and would have to including lighting. Mr. Perrault
r-- said the off-site parking would be shown on a plan. Mr. Jenkins said he would want to
see how to get from the off-site parking lot to the facility and how it would be lit. Mr.
Perrault said there is an existing walkway with lighting into the parking lot. Mr. DeMassi
said the board would also want to see the traffic pattern for the Berkshire parking area.
Mr. Jenkins said he was a little concerned about the restaurant spilling into the foyer. Mr.
Perrauh said he had spoken with Mr. Burke about that, and if the restaurant takes off and
they want to increase its size, they can come back for an additional special permit.
Mr. DeMassi asked about signage and whether there will be enough room for drop-off
and pick-up parking. Mr. Perrauh said the signage will conform to the Zoning By-Law,
and temporary directional signs for events will be used at off-site locations. There will be
directional signage on site but the type has not been established. He said there will be
enough room to pull in and back out, with some parking in front of the building for
longer term parking. He said staff would be parking in the off..site lot. Mr. DeMassi said
the signage would need to be shown; Mr. Perrauh said most ofthe signs they use would
be temporary. He said the main address sign would be changed, along with handicapped
parking signs. Mr. DeMassi said if there is a wrap-around drive under a canopy, he
would be concerned about people parking there and bringing their children in. Mr.
Perrault said there would be counselors to bring the children in.
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Mr. Annino asked ifthere would be a sign on the building. Mr. Perrault said they weren't
sure at this time, but they would conform with the Zoning By-Law; Mr. Annino said the
special permit can be rescinded if there are changes made after the fact.
Mr. Annino asked about the dumpster. Mr. Perrault said there will be no dumpster on
site; all trash will be internal. He said if it turns out a dumpster is needed, they will return
for a modification. Mr. Kessler suggested showing a potential dumpster location. Mr.
Perrault said he would do that. Mr. Annino suggested a solid fence and gates.
Mr. Annino asked about delivery doors; Mr. Perrauh said the architect is working on that.
Mr. Annino asked about outdoor hvac units; Mr. Perrault said they will be using the
existing mechanical equipment and there will be no additional equipment.
Mr. Annino asked what the walkways are made of; Mr. Perrauh said they would be
concrete. He said he would show the materials and stairway detail on the plan.
Mr. Annino asked if there will be a grease trap in the restaurant; Mr. Perrault said they do
not plan to prepare f()Od on-site, but they will include an under-sink grease trap.
Mr. Annino asked if the exterior building will be changed; Mr. Perrault said it would not
be unless something needs to be repaired.
r- Mr. Annino asked about drainage; Mr. Perrault said they would use the existing system,
which works. They are not adding any impervious surface to the site. Mr. Annino said
he was concerned about ice/snow; Mr. Perrauh said there are existing catch basins.
Mr. Annino asked where abutting entrances are on Oxford Road; Mr. Perrauh pointed out
adjacent driveways on the plan.
Mr. Annino suggested bumpers for the parking spaces adjacent to the building. He said
the site lighting should be shown.
Mr. Annino asked if there would be any pre-school attendees; Mr. Barros said there
would not be.
Mr. Annino asked about landscaping. Mr. Barros said they plan to clean up the site, but
he said he didn't know how much new landscaping the owners would allow him to do.
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Mr. Armstrong said he was concerned about the parking leases because it appears there
will not always be 308 spaces available. Mr. Kessler said that is true, but they will not
always be doing activities requiring that many spaces. Mr. Armstrong suggested putting
something in the special permit saying they can only hold special events when they have
the maximum number of parking spaces available. Mr. Kessler said there could be a
condition about scheduling in the facility so that the activities don't require more parking
than is available at that time.
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Mr. Kessler said he has the final leases, which include a change to provide a minimum of
50 off-site parking spaces at all times. He said he would provide the board with copies of
those leases.
Mr. Armstrong said the agreement provides for reduction in spaces from the Berkshire
Road site if that owner needs additional parking for a future tenant. Mr. Armstrong said
if that were to happen, the applicant would have to return for a modification to the special
permit. Mr. Kessler said they were willing to do that.
Mr. Holmes asked about improvements to the parking area. Mr. Perrauh said they plan to
stripe the lot, but ~ause they are leasing the space, they do not plan any alterations. He
said the lot is in pretty good shape and will be cleaned up and striped. He said it may be
seal coated before the striping. Mr. Holmes said he had seen some cracks and broken
pavement; Mr. Perrauh said that would be part of the clean-up.
Mr. Holmes asked about the location of the handicapped accessible spaces and whether
the grade at those locations is safe. Mr. Perrault said he would double-check the grades.
Mr. Holmes asked for details of the new curb ramps to be shown on the final plan. Mr.
perrauh said he would include those grades as well.
Mr. DeMassi asked about other off-site parking during large-scale events. Mr. Kessler
said the planning on that hasn't been developed, but he said there is no plan at this time to
~ need more than the spaces under lease. However, he said he has spoken with the owners
of a similar recreation facility in Foxboro about sharing courts during large. scale events.
At this point, he said they are not talking with any other owners about off.site parking.
Mr. Jenkins asked how big the Foxboro facility is; Mr. Greg Marcotte said his building is
a similar size and has 242 parking spaces. Mr. Jenkins noted there is a full fitness facility
included in this proposal; he asked where those clients would get into the building; Mr.
Barros said they would go to the front of the building. Mr. Perrauh said there is a
stairway to the main lobby with registration desks. Mr. Jenkins noted there are four
different driveways to the facility and was concerned about the traffic pattern. Mr. Setch
said clients would learn quickly which entrance to use to enter the building for the
activity they want.
Mr. Jenkins said the temporary signage should be more than paper signs, and suggested
some directional signage and information about where users should park.
Mr. French said the board should make a finding on the number of parking spaces. The
applicant has proposed that the appropriate number is 297 parking spaces at peak
occupancy, and on a day~to-day basis, 149 spaces is appropriate. Mr. DeMassi suggested
making a finding on a maximum and minimum number. Mr. Kessler said the additional
50 spaces is guaranteed through 2007, when Ax~'s lease with Long Gate expires. Mr.
French said there should be a condition that the permit is no longer valid without those
~ spaces.
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Motion: To find that 297 spaces is the maximum number of parking spaces required and
147 is the minimum number of parking spaces required for the proposed uses, in
accordance with the parking lease agreements, dated [XXX], which are incorporated by
reference. (ArmstrQng-Annino) All in favor. PASSES
Mr. Armstrong said he thought the use is appropriate for the site and would be a benefit.
Mr. Jenkins suggested the board may not be prepared to vote on this special permit
tonight, because there are many outstanding items to be addressed.
Mr. Kessler said they have a series of agreements, which are all contingent upon one
another. He requested the board could vote with conditions that could be satisfied with
staff review. Mr. French said he understood the applicant's issue, but the board would
have to be comfortable with the project before voting.
Mr. Perrauh said most of the details are shown in exhibits, but would have to be added to
the plans. Mr. Annino said they would have to prove to the board those details are
adequate. Mr. Jenkins said he was concerned about people parking in the off-site lot
without the board knowing how it is connected to the main building.
Mr. Setch said children's camps are run during the daytime hours, so the chances of using
the parking lot for children's events are slim.
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Mr. DeMassi asked about the snack bar shown on the plan; Mr. Perrault said that is a
vending machine area.
Pat Burns, 67 Creeden Street, said this camp has been a tenant at UMass for many years
and he thought they would do whatever is necessary to make it work for the town and the
surrounding communities. He said he thought this would be a benefit to the community.
Mr. Kessler said he understood the board wants to see specific items on a plan before
voting. Mr. French said that is true, and he is in favor of the proposal. However, he said
this is a complicated project and a lot to do in one night. Mr. Kessler suggested the board
vote a preliminary approval ofthe concept and make the issuance of the special permit
contingent on the plan being revised.
Mr. French suggested the board vote to prepare a draft permit of approval with
conditions.
Motion: To direct the Planning Director to prepare a draft special permit approving the
project with conditions, consistent with parking finding, department head comments, and
board concerns (Annino-DeMassi) All in favor. PASSES
Motion: To continue the public hearing to August 25, 2004 at 8:45 p.rn.
,____ (Annino-Armstrong) All in favor. PASSES
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Sherry Clancy, National Development, explained the plan for new parking at an existing
building. She said there is a company interested in buying the building, but they need
additional parking. The plans show an additional 19 spaces. The existing spaces are
head-in spaces; some new spaces will be added and the existing spaces will be restriped
to create the rest. Handicapped spaces will be added. The bark mulch will be removed in
front of the parking spaces. They will also repave and improve the drainage for the back
parking lot and add detention basins to infihrate the roof drainage. There will be new
landscaping and trees, and the site will meet the open space requirements. They will still
meet the requirements for open space, with some new trees.
Mr. DeMassi asked what the previous use was; Ms. Clancy said it was a paper storage
company. The new tenant will be a similar distribution use with more office use than the
previous tenant.
Mr. Holmes asked about the number of parking spaces; Ms. Clancy said the requirement
is based on the number of employees on the largest shift.
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Mr. Annino asked about the detention basin. Engineer Jim Devellis said the system was
designed before best management practices, and the Town Engineer asked him to meet
the current standards. He said roof drainage will be collected and put into the basin, and
the parking lot will go to a storm ceptor, then to the road. Mr. Devellis said they would
not be cutting down any trees.
Department Head Comments
The clerk read memos from Mr. Field, Mr. Burke and Ms. Langille.
Board Comment
Mr. DeMassi asked about signage; Ms. Clancy said the new owners would want to add
new signs, which would need building permits.
Motion: To send the Building Inspector a positive recommendation including
department head comments (Jenkins-Annino) All in favor. PASSES
[Mr. Holmes left the table at this time.] Mr. Jenkins said he lived on Comod Court, near
this site, but is not a direct abutter or an abutter to an abutter, and said he feh he could
participate in the public hearing.
The clerk read the public hearing notice. Mr. French explained the special permit hearing
process.
Ralph Maloon, RIM Engineering, explained the plan for a six-lot residential compound
,---. off East Street. He said he had done a showing they could have done a six-lot
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conventional subdivision. That plan had showed an entrance off Eastman Street, which
the board did not want. The definitive plan shows one entrance off East Street with six
lots clustered around a 376-foot road.
Mr. Maloon said the board had asked to see how the abutting houses are situated. He
showed the board a plan showing the locations of neighboring properties.
Mr. Maloon explained the drainage. He said there is a depression at the front of the site,
both to the left and right of the proposed driveway. The soils are Class A and constant
head tests were very fast. Water currently remains on site. The roof water will go into
the ground, street water will shed back to East Street through an oil-water separator to a
large leaching field. There are depressions on the site to pick up surface water and keep it
on site. There is a large depression on the first lot to the right of the driveway for
emergency overflow. If that were to fail, there is another backup depression to prevent
water from going to East Street.
Mr. Maloon said he has addressed all of Mr. Sullivan's comments except the overflow
from the depressions. He said the depressions are two to three feet below the roadway.
The site is on sewer. Mr. Maloon said there had been a stub installed for a previously
approved subdivision that was never built.
Department Head Comments
r- The clerk read memos from Mr. Burke, Mr. Field, Mr. Lewis, Electric, Fire and Police.
Publie Comment
Paul Split, 912 East Street, asked ifany environmental permits with the state have been
satisfied. Mr. Maloon said he planned to meet with the new Conservation Agent and said
they intend to give the open space to the Conservation Commission. He said they had the
vernal pools determined, but they do not want to go through the process of registering
them with the state if they are going to give the land to the town. Mr. Maloon said they
would have to go to DEP for a sewer extension, but they will not have to file with the
Conservation Commission or with the state. There will be no wetland areas disturbed.
Mr. Split asked about the trees along his property line. Mr. Maloon said he didn't forsee
having to touch any of those trees.
Mr. French asked Mr. Maloon to show building envelopes on the plans.
Mr. Split asked about nighttime lighting. Mr. Maloon said there is an existing pole on
East Street and there is one light proposed at the end of the cul-de-sac.
Board Comment
Mr. Jenkins said he was concerned about the tree line between the property and Mr.
Split's property. Mr. Maloon said many of those trees are right on the property line; Mr.
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French said the building envelope would show the limit of work. Mr. Maloon suggested
adding a no-touch zone.
Mr. Jenkins asked if the intent is to have the:first two houses face East Street. Mr.
Maloon said they would :fuce East Street and have driveways off the new roadway. Mr.
Jenkins said he would not like to see two new curb cuts on East Street.
Maria Steele, 984 East Street, asked about the trees at the upper right-hand corner of the
site, near her property. Mr. Maloon said he would add a no-touch zone on that side.
Frank Steele, 984 East Street, asked whether he could build a driveway through one of
the new lots, ifhe purchased it, to access the back of his parent's land. Mr. French said if
the no-touch zone were added, that might not be possible for a driveway. Mr. Maloon
said he thought Mr. Steele would have to go through the ZBA because the Steele property
is already a non-conforming lot.
Mr. Split asked how deep the first two lots are; Mr. Maloon said they are about 180 feet
by 130 feet. He said the board could also determine the setbacks for the lots.
Mr. DeMassi asked about how the houses would be set considering the size of the lots.
Mr. Jenkins said the site is on sewer, so there won't be the need for septic systems.
Mr. DeMassi asked about the necessity of certifying the vernal pools. Mr. French
r" reiterated Mr. Burke's comment that if the town takes the land, there would be no need to
certify the pools because the land will be protected regardless.
Mr. Annino asked to see lighting details, including locations. Mr. French suggested a
more attractive lantern-style light. Mr. Maloon said he could use a small light at each
driveway.
Mr. Annino asked about landscaping. Mr. Maloon said the island would be landscaped.
Mr. Annino asked for a plan.
Mr. Annino asked to see the house locationslbuilding envelope/no-cut zone on the plan.
Mr. Annino asked for a detail of the curb cut and how the pavement would be connected.
Mr. Maloon said he would be requesting a waiver for a 20-foot pavement width and for
sloped granite rather than vertical granite.
Mr. Annino asked the pavement radii be shown on the plan.
Mr. Annino asked about signage; Mr. Maloon said there would be a street sign and a stop
sign. Mr. Signoriello said he would like to do a rock wall with the name of the
subdivision. Mr. DeMassi asked for a detail of that.
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Mr. Annino asked about the crushed stone shown in the cul-de-sac. Mr. Maloon said that
had been a requirement in Mansfield at one time. Mr. Annino said he didn't think that
would be attractive.
Mr. Maloon said there is a concrete sidewalk on East Street, which they would tie into.
Motion: To continue the public hearing to September 1,2004 at 8:30 p.rn.
(Torman-DeMassi) All in favor. PASSES
Motion: To sign the Village Landing mylars
(Torman-Armstrong) All in favor. PASSES
Motion: To send the Building Inspector a letter regarding the Medco site; with a copy to
the applicant, indicating the landscaping does not appear to have been done accQrding to
the approved plan (Annino~ Torman) All in favor. PASSES
Motion: To ask Mr. Burke to investigate the auto repair shop on Oakland Street (Irving
Mendlowitz) regarding site conditions and conformance with special permit. If the site
conditions are deficient, send the applicant a letter saying the site must be brought into
conformance or the board will schedule a hearing to revoke the special permit
(Annino-Torman) All in favor. PASSES
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Mr. Jenkins said the brick being used on the Stearns building does not appear to be what
the applicant presented during the public hearing process.
Motion: To adjourn at 11 :30 p.rn. (Torman-DeMassi) All in favor. PASSES
Next meeting: TUESDAY, AUGUST 17,2004 at 7:00 PM
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