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HomeMy WebLinkAboutmin of planning brd 06172009 Planning Board Minutes June 17,2009 ., Present: Tom French, Chair; Doug Annino, Don Cleary, Tony Jodice, OliviefK:o~I~~~i ~ Shawn MacDonald and Timothy Verrochi, alternates'~' U:'1-ICE Shaun P. Burke, Director of Plannin and Development 1. Meeting called to order at 7:30 p.m. Mr. French welcomed Mr. Verrochi as a new alternate member. 2 I 2. Discussion with Ed Valanzola re: 905 South Main Street Variance Mr. Valanzola explained they have applied to the ZBA for a variance to reduce the open space, The special permit, issued in 2008, requires Planning Board approval of any "significant" changes to the plans and Planning Board review and Building Inspector approval for "less than significant" changes. Construction is underway, and they are seeking relief for 4,365 square feet of open space behind the gas station. This would result in the site not meeting the 35% open space requirement by .1 %. Mr. Valanzola explained the open space being removed would not provide any screening or buffering and would not provide any benefit to the property or neighboring properties. Mr. Valanzola said he believes this is a "less than significant" change, from 36.09% to 34.02% open space. Because the site is already paved, pavement and parking spaces would have to be removed to create this open space. Mr. French said the open space was calculated on the entire site, and the area in question was shown as open space on the original plan. He said using this area as open space would provide a screen between the back of the gas station and the offices at the back of the site. Mr. Richard said they are planning a three-foot wide berm with trees. Mr. Burke suggested going to 35% open space, then there would be no need for relief. Mr. Richard said the issue is taking up the pavement. Mr. Annino said it looks like the area could be reconfigured to provide more parking without losing open space. He said a three-foot berm is tight and he would be more comfortable with 10 feet. He said the board wants to encourage green space to break up the paved area and provide water retention and pervious areas for drainage. Mr. Valanzola said he thinks they are complying with the intent of the by-law. Mr. MacDonald suggested trading parking in the area behind the gas station for open space somewhere else on the site. Mr. Jodice asked how the wetlands on the site create a hardship. He said he agrees it is a minimal change, but is concerned about setting precedent. He said he would be comfortable with 35%. Mr. Valanzola said they have been working with the Comcast Center to get a strip ofland between the two properties for additional open space. Mr. Richard said he would like to avoid tearing up the pavement before knowing whether they will arrive at that arrangement. Mr. Annino suggested reconfiguring the parking and open space could preserve both the spaces and the green area, without having to purchase land. Mr. Planning Board 6/22/2009 '" Valanzola asked if that would be considered a "more than significant" change; Mr. Armino said he thinks the board would be happy to see that. Mr. Kozlowski said there are two issues; the "significant" or "less than significant" change, which is a Planning Board issue; and the variance, which is a ZBA issue, Mr. Burke said he doesn't think the reconfiguring of the approved special permit plan would require a variance and would not be a significant change. In this case, the Planning Board could simply review and approve the new plan. Mr. French asked the board felt the submission of a new plan with 35% open space on the whole site and a reconfiguration ofthe parking would be a significant change. The members indicated they did not feel that would be a significant change, 14. Discussion with Representative Jay Barrows - Downtown Mr. Barrows said he is concerned that downtown is no longer the center of commerce in Mansfield. He said residential uses and density downtown have increased. He said there are about 63 businesses operating between town hall and the area north of the train station, and 25 vacancies. He said some of the empty buildings are in bad shape and would be difficult for tenants to occupy. He said many of the businesses downtown have been in their locations for many years. Mr. Barrows said he thinks the one-way traffic pattern on North Main Street has been a failure. He said it makes it very difficult to direct people into Mansfield, and he agrees with Mr. Armino that downtown has no "entrance." He said the town needs to look at the flow on all of North Main Street and suggested two-way traffic and a rotary at the North Main/Route 106 intersection might help. Mr. French noted there are several truck- intensive businesses farther up North Main Street, like National Lumber and the customs facility, and asked if a rotary would work. Mr. Barrows said it would force those trucks to slow down. Mr. Burke said SRPEDD is going to do a grant-funded study of the downtown traffic pattern in the fall. He said the Attleboro rail line, which goes through Mansfield, is one of the finalists for the South Coast Rail project, and if that happens, a third set of tracks would be added. There have been rumors that if that happens, Mansfield Avenue would disappear and the train station would be relocated. He said the Corps of Engineers will make the final decision on which rail route will be constructed. Mr. Barrows said they have not done a study to determine ifthere is additional capacity on the track; he noted that if the Attleboro line is the one approved, it will take 20 years to build. He said he wouldn't like to see the town miss the opportunity to improve downtown because of what might happen with the rail line. The board discussed downtown development opportunities, like the North Main Street fire station and the vacant parcel next to it. Mr. Annino said he doesn't believe there is a lack of parking downtown, but there is a lack of direction for drivers to find the parking. Planning Board 2 6/22/2009 1"1 Mr. French asked what the SRPEDD study would involve. Mr. Burke said the town got a grant from South Coast Rail for SRPEDD to study the downtown traffic pattern and make recommendations. He said it would be September or October before that study is done. Mr. Barrows said he could send a letter to South Coast Rail and SRPEDD asking for the study to be moved up. Mr. French said the board should understand why the one-way traffic pattern was put in place before doing anything; Mr. Barrows said one of the reasons for that was the North Main Street fire station. Mr. Burke said the Board of Selectmen as Road Commissioners would have to approve any changes to the traffic and signage. Mr. Annino said the Police Department would also have to be involved. Mr. Barrows suggested getting someone to survey the empty properties to come up with a list that could be used for marketing. He said downtown Mansfield has a great reputation, with good restaurants and good businesses. Mr. Annino said the merchants would have to buy into this plan and be vocal supporters, Mr. Barrows suggested getting together again and inviting the Board of Selectmen. I 2. Discussion with WS Development - Kiosks at Mansfield Crossing Jeff Heidelberg and Ellen Fleisher, regional property manager Mr. Heidelberg showed the board the plan for a minor modification to add two kiosks in the patio area near Bertucci's. He explained the vendors would stand on the railing side and the customers on the other side of the kiosk. Hours would be the same as the retail establishments. Mr. Burke said he likes the idea. Mr. Annino agreed. Mr. MacDonald asked if any of the retail stores open at 8 am. Ms. Fleisher said the special permit allows stores to open at 8 am, although most do not. Mr. French noted the applicant agreed to install trash receptacles and to police the area. Mr. MacDonald asked if the board has the right to rescind approval ifit isn't working. Mr. Burke said a condition can be added that ifthere are any problems, the board has the right to ask them to come in and discuss fixing the problem before rescinding approval. Mr. French suggested allowing this summer and next, since it is late in the season now. Mr. Jodice said he doesn't want the kiosks to sell hot food. Mr. Heidelberg said the kiosks will be fully handicapped accessible. Planning Board 3 6/22/2009 1. Motion: To approve the addition of two "summer market carts" as described in the June 10, 2009 letter from Louis C. Masiello, Director of Development, SR Weiner/WS Development and on the attached June 10, 2009 plans as a minor modification with the following conditions: 1. The Planning Board has the right to rescind approval of this modification; 2. Hours of operation for the kiosks shall be the same as the retail stores; 3. Kiosks can be operated between April and October; 4. The kiosks shall not prepare or sell hot food; 5. Trash receptacles will be added to the area, and the area will be kept free from trash and other refuse, (Annino-Jodice) All in favor. PASSES I 2. Correspondence Motion: To appoint Mr. Jodice Acting Clerk (Annino-Cleary) All in favor. PASSES I. May 27,2009 minutes Motion: To approve as submitted (Annino-MacDonald) Six in favor. One abstention. PASSES 2. ZBA application for Variance - 1 Helena Circle - rear yard setback to replace the 12x 14 deck with an 18x 16 deck with an eight foot intrusion in to the rear yard setback. Mr. Burke said the lot is very narrow and long. Mr. Jodice said he would be more comfortable with the deck if it was 16x 16 because the it would be flush with the rear plane of the house. Motion: To send the ZBA a negative recommendation because the deck extends beyond the edge of the house; suggest be 16x 16 so it wouldn't extend beyond the rear plane of the house (Jodice-Annino) Five in favor. One opposed. Two abstained. PASSES 3. ZBA decision - 559 Maple Street - Frontage, lot width and depth - Denied 4. Public hearing notices - North AttIeboro, Sharon 5. The Beacon 13. FormA (ANR) Plans 16. Public Comment I 7. Around the Table Mr. Cleary asked about the draft Housing Production Plan. Mr. Burke explained DHCD's regulations have changed, and the Board of Selectmen and Planning Board have to vote to support it. No public hearing is required. The plan expires in July 2009 and the update is based on the 2004 Affordable Housing Production Plan. He said the plan should be in place in the event the town falls below the 10% affordable housing goal; Mansfield is above that now, Mr. Jodice said he is concerned about the proposal in the plan for a demolition delay; he said he thought that would infringe on an owner's rights. Mr. French said many towns have that by-law. Mr. Burke noted demolition delay appears as a question on the Commonwealth Capital Plan. Planning Board 4 6/22/2009 1"1 Mr. Annino asked what is next on the Master Plan schedule. Mr. Burke said the next thing will be the downtown overlay district. Mr. Annino suggested getting together with the downtown business community and doing a site walk of North Main Street. The board discussed the types of uses it would like to see downtown. Mr. Jodice said a resident asked at Town Meeting about studying gaps in wireless coverage and developing a list of sites, then when an applicant comes in and claims a gap in coverage, the town can tell them where the tower should go. Mr. Jodice said the town should rent land to wireless providers and see some profit from it. Mr. Cleary suggested allowing a height bonus for providers locating on town land. I Reorganization Motion: To reappoint Mr. French Chairman (Jodice-Annino) All in favor. PASSES Motion: To reappoint Ms. Collins Clerk (Jodice-Annino) All in favor. PASSES 18. Atij()ul"nment Motion: To adjourn at 10:00p.m. (Jodice- ) All in favor. PASSES Next ;;ZCY&l' 2009 at 7:30 p.m. Signature of Clerk 2 2009 proval Planning Board 5 6/22/2009 11