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HomeMy WebLinkAboutmin of planning brd 05272009 Planning Board Minutes May 27, 2009 Present: Tom French, Chair; Beth Ashman.;.Collins, Clerk; Doug Annino, Don Cleary, Tony Jodice; Olivier Kozlowski and Shawn MacDonald, alternates Shaun P. Burke, Director of Plannin and Development l.M~~~mg called to order at 7:g0p.m. . 2.: Discu:S'St~t1 with Lou MasiellfJ.; pment - ~o.sl{s at Mansfield Crossm Mr. Masiello introduced Jeff Heidelberg and Ellen Fleisher, regional property manager Mr. Masiello said the economy has affected the shopping center, leaving a couple of empty spaces and two buildings that were never built. He said the bankruptcy of Linens & Things has resulted in a large empty space; there has been some interest in small organic grocers and health clubs for that space. He said those uses aren't allowed in the permit, so they would have to come back to the Planning Board. Mr. Masiello explained the pylon sign has been relocated; it was originally constructed at the spot where the Route 140 access was planned. Mr. Masiello said they have heard some concerns about traffic flow on School Street. He said town staff, has met with Mass Highway to discuss the timing of the School Street/Route 140 signalization. He said Mass Highway now has control over the signal and equipment, and has have expressed its intention to monitor the situation. Mr. French said the board has discussed the traffic issues, and members are concerned about traffic backing up from the Route 140/School Street intersection as far as the shopping center driveway. Mr. Masiello said he believes the issue is one of timing. He said there may also be confusion because the lights themselves are not lined up exactly. Mr. Jodice said he is concerned about drivers going east toward the center of town and drivers leaving Mansfield Crossing to get on Route 140 get stuck together in the right lane during morning and evening peak times. Mr. Masiello said there is a wetland issue on that side of School Street and the road cannot be widened. He said Mass Highway requires monitoring for five years, and the Planning Board permit requires monitoring after a certain amount of occupancy. He said that monitoring will study the generation and distribution of site traffic, and based on the results of the study, the $200,000 surety held by the town will be used to fix problems related to shopping center traffic. Mr. French asked about security. Mr. Masiello explained the special permit has a condition for full-time private security, which allows the Police Chief to exercise his discretion in reducing the amount and timing of security. Mr. Masiello said they approached the chief after a year of operation to reduce the security hours when it was less busy, to which the chief consented. Mr. French asked about the blue panic lights; Mr. Burke said they are all installed and hard-wired. Mr. Masiello said repeaters have been installed in interior spaces where public safety could not get a signal. Mr. French asked about video surveillance in the parking lots. Mr. Masiello said there is none. Mr. Masiello explained his request for the installation of two outdoor kiosks that would probably be used between April or May and September or October. They would be on Planning Board 1 5/28/2009 ,. the patio near Bertucci's and be completely closed and emptied at the end of the day. They would have to interior space and be on wheels, though they are not very mobile and are trucked to and from the site. They would require electricity, either underground or on light poles. The kiosks would sell seasonal things like sunglasses and lemonade. Mr. Masiello said the special pennit restricts outdoor display or sales. He said he would like to informally poll the board as to whether this idea is acceptable and in keeping with the character ofthe permit, and if so, what the procedure would be to modify the pennit. Mr. Burke said the board can modify the special permit or could find that this is not a substantive change requiring an amendment to the special permit. He said he believes the purpose of the condition prohibiting outside sales was to prevent merchants from storing and displaying products outside. Mr. Masiello noted the original special pennit was for 395,000 square feet of retail; they have actually built about 9,000 feet short ofthat, even if the unbuilt pads were constructed. He said each kiosk is about 50-100 square feet. Mr. Annino said this is a great use for the patio area near Bertucci's, which he said he would like to see it used more. He suggested using things like flags or banners to make it a more usable and attractive space. However, he said he wouldn't want to see vendors cooking food in the kiosks; Mr. Masiello said he doesn't plan on hot foot. Mr. Annino asked about restrooms, especially for employees. Mr. Masiello said there are no public restrooms, but the kiosks will be close enough to stores or restaurants with restrooms. .." Mr. Cleary said he wouldn't want the unbuilt 9,000 square feet taken up by dozens of kiosks. Mr. Masiello said he is currently proposing two kiosks and doesn't want rows of them. Mr. French said the board can limit the number, location and the items sold. Ms. Collins said litter issues should be considered; Mr. Masiello said there are outside trash receptacles and they can add more. Mr. Jodice said he was concerned about pedestrian safety. Mr. Masiello said the kiosks would be on the patio behind the sidewalk near Bertucci's, away from traffic. Mr. French asked if the board feels comfortable with this idea. The members indicated they are comfortable with two kiosks in the location shown. Mr. French asked if the board wants to amend the special permit or to approve this as a minor modification. Ms. Collins said it appears to be minor compared with the rest of the site. Mr. Kozlowski said he doesn't think the change is significant enough to reopen the special permit. Consensus was to allow it as a minor modification. Mr. Burke said the modification could be conditioned as to hours of operation, location and use. He added the board has the right to rescind approval if there are problems. Mr. Masiello said he would like to have something to show potential tenants what they can and cannot do. He said their usual lease for these would be for the course of a season; some might be longer. Mr. Masiello said he would send the board a letter with the details of the proposal. Planning Board 2 5/2812009 111 J. SpecialPerndtPubUc Hearmg - WireleSs Tower - 615 School Street - Mariner . ToweC The clerk read the public hearing notice. Mr. French explained how the public hearing would be conducted. Chris Ciolfi, Mariner Tower, explained his company builds communication facilities throughout the northeast, then rents them to providers. They are working with T-Mobile on this site. They will lease the property from Grove Building Realty Trust and construct a 90-foot tower at the back left of the parking lot. There is an existing building with several commercial tenants. Mr. Ciolfi explained the FAA restricts monopoles in this area to 90 feet. They have applied to FAA but have not yet received a determination. T-Mobile will be at 87 feet with space below for two additional users. They have identified a gap in coverage and this site is intended to close that gap. They will use the existing driveway and not ask for a new curb cut. They are proposing a new utility pole on the southwest corner of the site and will use underground utilities. Mr. Ciolfi said T-Mobile is also building a 140-foot monopole on Gilbert Street. Mr. Ciolfi said they looked at locating on the tower at the Plymouth Street fire station, but it is a confined site with a lightweight tower. Lt. Tebeau had concerns about interference to the Fire Department frequencies by the proposed tower. Mr. Ciolfi said there would be over 700 feet between the sites and a lot of separation between the fire and proposed tower frequencies. He said they often provide towns with space on their towers, which also helps to manage interference issues. Mr. Ciolfi said they are outside the 50-foot but within the 100-foot no work area and within the riverfront act, and will have to go to the Conservation Commission. Mr. Ciolfi said they originally proposed a pad-mounted transformer, but the Light Department was opposed, so they will do a pole-mounted transformer. Mr. Ciolfi noted the application and plans incorrectly show this as the II district; the correct zoning is Planned Business District. Mr. Ciolfi said the required setback from a residential use is 500 feet, and there are residential properties across School Street within 500 feet. They will have to go to the Zoning Board of Appeals for a variance. Mr. Ciolfi said the septic system is shown on the plans beside the existing building. Water and gas come into the existing building on the right side, though they are not proposing water, sewer or gas usage for this facility. Mr. MacDonald asked the required separation from a septic tank to a new structure. That is a Board of HeaIth issue and cannot be closer than 10 feet. Planning Board 3 5/28/2009 .- Mr. Ciolfi said there will be a section of pavement removed for the tower installation and replaced with crushed stone, so there will be a decrease in paved area. They will install a hay bale/silt fence line. Correspondence The clerk read memos from Light, Conservation, Engineering, Fire, Police and Mr. Burke. Mr. Ciolfi said the comments have been addressed and added to the revised plans. Mr. French asked about providing space on the tower to the town. Mr. Ciolfi said they like to give public service agencies the top of the tower so they have the best coverage and don't occupy rentable space. However, because this tower is only 90 feet, they only have space for three paying renters, so the town would have to be lower on the tower. He said the Fire Department's existing tower is about the same height as the proposed tower. Mr. Cleary said moving the town's equipment from the existing tower to this one might not be any benefit. Public Comment Leonard Flynn, Natural Resources Trust, commended the applicant on the completeness of this application and said his concerns have been addressed. John DeMassi, Lewis Road, asked what the benefits to the community would be. Mr. Ciolfi said they will pay taxes and provide improved service for T -Mobile customers. Mr. DeMassi suggested if the town will get space on the tower, the applicant should donate the equipment and engineering as well. Board Comment Mr. Flynn said the pole is described as galvanized and asked how long that would last; Mr. Ciolfi said it is galvanized and will not rust for many years. Mr. Cleary asked about landscaping. Mr. Ciolfi said thcy will add landscaping if the board wants it, but the site will be in the middle of the parking lot. He said they could put some shrubs around the fence. Mr. Cleary suggested some trees at School Street. Mr. Annino said this is a hideous addition to a residential neighborhood. Mr. Ciolfi said other than the houses across School Street, the closest residential structure is almost 1,000 feet away. Mr. Cleary asked if a taller tower would cover more of the gap and prevent another pole in the future. Mr. Ciolfi said the 90 feet will provide the coverage T -Mobile needs to close its gap; he noted FAA regulations prevent them from going higher than 90 feet. He said their average small site height is 120 feet. Mr. Cleary asked if the coverage area plans are signed or stamped by an engineer. Mr. Burke ntoed there is an affidavit in the application. Planning Board 4 5/28/2009 1. Mr. Annino asked if the ground mounted equipment is galvanized. Mr. Ciolfi said the equipment shelters are weatherproof cabinets with underground conduit. There will be a six-foot fence with barbed wire around the equipment. Mr. Annino said he would like to encourage landscaping at the street. Mr. Annino asked if there will be lighting. Mr. Ciolfi said there will not be. Mr. Annino asked what currently happens at the back of the site. Mr. Lazzara said commercial vehicles park at the back. Mr. Lazzara said there are building and parking lot lights, but no street lighting. Mr. MacDonald asked about servicing the site. Mr. Ciolfi said routine maintenance would be during nonnal business hours. In an emergency, they could be in there at any time so they need around the clock access. The tower is monitored remotely. Mr. Annino said the by-law requires the site to have a minimal impact on abutters. Mr. Ciolfi said the majority of the site will be screened by the existing building on site, the fencing and vegetation. There will be a portion of the tower that rises above grade and will be visible. Mr. Jodice asked how tall the pole needs to be to eliminate the gap in coverage. Mr. Ciolfi said it should be greater than 90 feet, but 90 is the maximum allowed. Mr. Jodice asked if the pole is larger because it will hold more than one tenant. Mr. Ciolfi said the base will be about 52 inches in diameter and the top about 24 inches, regardless of whether there are one or three tenants. He said the structure has to be pretty significant to hold the antennae and equipment. Mr. Jodice asked if there is a way for a neutral party to determine whether there is a gap or not. Mr. Annino said the gap in coverage by-law, which is going to Annual Town Meeting, would allow that. Mr. Jodice said he would like the town see some financial benefit from proposals like this. Mr. Ciolfi said they will be paying significant property taxes on the equipment without using any other town services. Mr. Jodice said he would like to find out how much similar facilities pay in taxes. Mr. Cleary asked about nesting birds. Mr. Ciolfi said companies don't encourage nesting, but when a bird like an osprey nests on a tower, it is protected. He said they wouldn't want to encourage that. Carl Nelson, School Street, said he is in favor of the construction of this tower at this location. He said it would be a benefit to the town for it to be higher and suggested the height requirement could be waived. Mr. French explained the height limit is not the town's regulation, it is an FAA's. Mr. Ciolfi said they will get a determination from the FAA, and it is possible, though unlikely, they may allow more than 90 feet. Planning Board 5 5/28/2009 T. a1 Mr. Jodice said he would like to see wireless towers on town property. He asked for a neutral party to do the gap in coverage study. Mr. Ciolfi said he could give the board some names of independent parties who do that kind of study. He suggested the simplest thing would be to have someone verify the work his company has done. Mr. Jodice asked about increasing the Fire Department tower; Mr. Ciolfi said the site is very limited and there isn't room to build more tower and the equipment to go with it. Mr. French said an independent review of the information the applicant has provided is a good idea, and suggested talking to public safety again about options. Mr. Ciolfi said he would do that and would pay for the peer review. Ms. Collins said she doesn't feel this needs to be reviewed and she doesn't want to make it more difficult for applicants; Mr. French said that is a simple way to make the members feel more comfortable. Motion: To continue the public hearing to July 22, 2009 at 8:00 p.m. (Annino-Jodice) All in favor. PASSES 1. May 20, 2009 minutes Motion: To approve as submitted (Jodice-MacDonald) Six in favor. Annino abstained. PASSES 2. ZBA application for Variance - 51 Lantern Lane - 4.2.1, Rear Yard Setback The application is for the expansion of a deck; the setback is 40 feet in the rear. Mr. Burke recommended sending the ZBA a positive recommendation because this is a minimal intrusion. The plan will still have to get an Order of Conditions from the Conservation Commission as well because the house is within the 50-foot buffer. Motion: To send the ZBA a positive recommendation because it is a minimal intrusion into the setback. Suggest a condition not allowing the deck to be enclosed. (Annino-Collins) Mr. Jodice said he wouldn't want to see the deck enclosed and become a room. All in favor. PASSES 3. ZBA application for Variance - 15 Jason Lane - 4.2.1, Rear Yard Setback Mr. Burke suggested sending the ZBA a positive recommendation because it is a minimal intrusion into the setback. He said the house was built a few inches into the setback, so this is a pre-existing, non-conforming use and could have been a finding. Motion: To send the ZBA a positive recommendation, suggest no enclosing (Annino-Collins) All in favor. PASSES 4. Modification to Autumn Park Special Permit (approved May 20, 2009) to be signed Motion: To sign the modification to the Autumn Park special permit (Cleary-Collins) Five in favor. One abstention. PASSES 4. ZBA decision -120 Samoset Ave (granted, positive recommendation) 5. ZBA decision - 100 Forbes Boulevard (granted, positive recommendation) Planning Board 6 5/28/2009 6. ZBA application for special permit - 905 South Main Street - minimum open space. Mr. Burke explained that during the permitting process of the XtraMart gas station, the applicant believed they could provide the required 35% open space. At the beginning of construction, it was discovered they were slightly short of the 35% open space for the entire site. They are now petitioning for a reduction in open space to 34.12%, which would allow them to keep the existing parking spaces. Ms. Collins asked if that would be mitigated off site. Mr. Burke said the ZBA could require that. Mr. Annino said he would not be in support of any variance on this site. Mr. French said he was concerned that the whole site was never submitted to MEP A for review. Mr. Annino said the board discussed the 35% open space at length during the public hearing and he would be uncomfortable allowing that to change now. He added that he doesn't think an applicant can get a variance from a special permit condition. Motion: To send Attorney Valanzola a letter inviting him to come to the June 17 meeting; suggest he consider continuing the June 16 public hearing; and remind him that even with a variance, the special permit will still have to be amended (Annino-Jodice) All in favor. PASSES Lots 4-8 Forest Heights - new rear lot lines as approved in the May 20,2009 modification to the Autumn Park special permit. Motion: To endorse the Form A (Cleary-Jodice) Mr. Kozlowski asked ifthe Form A includes the lot that had already been conveyed. Mr. Burke said it does. Five in favor. One abstention. PASSES .COn1ment Mr. French asked about the abandoned houses at Mansfield Marketplace; Mr. Burke said the Building Inspector has spoken to the owner about securing the buildings. Typically, the town would do that, but there is no funding available. Motion: To adjourn at 10:45 p.m. (Jodice- ) All in favor. PASSES Next meeting: Wednesday, June 17,2009 at 7:30 p.m. \:'\ l-t>~ Date of Approval Planning Board 7 5/28/2009 ,.