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HomeMy WebLinkAboutmin of planning brd 08122009 Planning Board Minutes August 12, 2009 [J Present: Tom French, Chair; Beth Ashman-Collins, Clerk; Doug Annino, :Mico:~~el C E McClanahan, Don Cleary, Tony Jodice, Olivier Kozlowski Shaun P. Burke, Director of Planning and Development II PI: l~ 1 11. Meetin.g called to order at 7:30 p.m. I 2. Correspondence I. July 22, 2009 minutes Motion: To approve as submitted (Annino-Cleary) Five in favor. Two abstentions. PASSES [Mr. Jodice left the room at this time] 2. ZBA application- 400 Franklin Street -lot width, lot frontage, lot area, front and rear setbacks Mr. Burke explained the applicant proposes to remove the existing house and replace it with a significantly larger one, gable-end to Franklin Street with the front of the house and driveway along Ridgeview Lane. Mr. Burke said the existing house pre- dates zoning, so if changes were to be made to that structure, this application would be for a finding. However, because this proposal is to remove the existing house, Mr. Burke said this should be a variance. He said there is a strip of land between this lot and Ridgeview Lane, which was supposed to have been conveyed to the abutter, but which does not appear to have been done. He said this is a very long, narrow house on a long, narrow lot. Mr. Annino said this is exactly what he doesn't want to see; the removal of older homes being replaced by small mansions. Mr. Burke said the lot has 100 feet of frontage and is only 100 feet wide, so it lacks requisite frontage under both the current and old by-laws. He said with the removal of the existing house, this becomes a comer lot requiring 40 feet of frontage on three sides, plus 200 feet of frontage and 200 feet of lot width. He said the lot is larger than many of the lots in the area, but the frontage and shape are different. Mr. French said the hardship is that this is an existing lot with a shape issue. He said this would not increase the existing non-conformity. Mr. Annino asked why the strip between this lot and Ridgeview Lane was not conveyed; Mr. Burke said he doesn't know. He said that subdivision is built out and everything but that strip has been conveyed. Mr. Cleary asked if things like this can be done prior to the subdivision being completed, so issues aren't forgotten. Motion: To send the ZBA a positive recommendation because this is a pre-existing, non-conforming situation because of the long, narrow lot (McClanahan-Cleary) Planning Board 8/13/2009 ,.""",',_....._.....~'-,._-"'.~,""_........_.,-,._-...-~.... ... 'II' Mr. Burke said he is uncomfortable with the mass of the proposed house, although he recognized the houses in Ridgeview are similar sizes. Four in favor. Two opposed. PASSES [Mr. Jodice returned at this time] 4. August 10, 2009 letter from the developer and residents of Feck Way requesting a name change to Shea Circle in honor of Corey Shea, who was killed in Iraq in November 2008. Mr. Burke explained the street has not been accepted as a public way, so the board has the ability to change the name. There is one lot in Norton on Feck Way, which would not be changed. Mr. McClanahan said he would be concerned about there being two street names on one street. Mr. Burke said the street name would change at the intersection, not at the town line. Motion: To allow the name change from Feck Way to Shea Circle (Annino-McClanahan) All in favor. PASSES 3. Meeting notices - Attleboro, Easton, Norton I 4. Form A (ANR) Plans 5. Discussion with Stan Feck - Ware Street Mr. Feck and Mr. Maloon showed the board conceptual plans for a traditional and a cluster subdivision on the northerly side of Ware Street, opposite River Edge Road. Mr. Feck said the site has a lot of wetlands and an intermittent stream crossing, and he cannot design any drainage until he knows what Conservation will require. He said he would like some guidance about which plan the board prefers. Mr. Maloon said the road would have to be about 600 feet long to get adequate frontage for the lots. Mr. Feck said he would rather not do a residential compound for so few lots. Mr. Burke asked the difference in wetland impacts; Mr. Feck said in the cluster, there will be less wetland impact because the road would be hooked to the left. He said the impact will also depend on the roadway width. Mr. Feck said he thinks the cluster subdivision would be a nicer development than the conventional. Mr. Burke said in the cluster, the bubble of the cul-de-sac is closer to the existing abutters. Mr. Feck noted that on the conventional plan, the new houses would be closer to the existing homes. Mr. Maloon said the cul-de-sac could be smaller, with less pavement. Mr. Burke asked about the wetland crossing; Mr. Maloon said he would use a culvert. Mr. Burke said it would have to be pretty large to accommodate the I OO-year storm. Mr. Jodice asked the difference in town services; Mr. Burke said in a cluster, the developer could leave it private or make it public. Mr. Feck said he would make it public. Planning Board 2 8/13/2009 ,""",-",-""",~-"~,,,,"""""'-'''''' .."._,~-","._"..",;.,".-...~"_.,,--,,,.. f ". .,. '11 Mr. Burke asked about intersection offset. Mr. Maloon said he designed it to avoid more wetland filling, but it could be pushed over. Mr. Cleary suggested some of the open space could be deeded to the Natural Resourcse Trust, which is an abutter. Mr. McClanahan said he would prefer the cluster because it would have less impact on the wetlands. Several members agreed. Mr. Annino said special attention would have to be paid to screening the abutting properties. Mr. Burke suggested the impact could be lessened with a narrower roadway, no sidewalk, a smaller cul-de-sac with no center island, and putting the savings into additional buffering. Mr. Annino suggested using sustainable development techniques. 6. Special Permit Public Hearing - 34 North Main Street - Sweet & Crafty - Vince Botti The clerk read the public hearing notice. Mr. French explained this plan was originally approved in January 2007; the applicant did not take substantial use of the special permit within the two year time frame. The board issued one six-month extension, but is not allowed to issue another. Therefore, a new special permit is necessary. Mr. Botti explained the plan is the same as the one that was approved in 2007. He said the board was exceptionally helpful during that process, and he would have loved to have built the new building already. However, because of the economy, they were not able to begin construction. He said he believes this will be an asset to downtown, and he would like to begin at the end of this season. He explained the three existing buildings will be removed and one constructed for the retail and residential uses. He said the entrance will be on the comer of Fulton and North Main, with a brick patio, which will be a more unique design than having the entrance parallel to North Main Street. There will be handicapped entrances at the front and back of the building. The residential uses will have two units on each floor, each with a usable balcony. He said he thinks the market will be for first-time buyers and older residents looking to downsize. Mr. Botti showed the board a color elevation plan of the outside of the building. Correspondence Mr. Burke explained staff was notified ofthe new submission; he spoke with Police Chief O'Neill and Fire Lt. Tebeau, who are both satisfied with the plan. Planning Board 3 8/1312009 T Public Comment Mike McClean, 31 West Street, said he likes the idea of people living downtown, but asked about the occupancy rates of the existing condos downtown. Mr. Burke said in a down economy, condos take the hit first and recover last, so the occupancy rates are definitely not 100%. Mr. French said the board has been encouraged by the mixed-use projects that have been done downtown recently, and when the economy comes back, there will be more. Cailyn Pawlowski, 26 North Main Street, asked when construction would begin and how long it would last. Mr. Botti said he hopes to begin after the season ends in November and complete construction by March. Mr. Annino said this an important project for downtown, because it will keep a vital business that has been downtown for many years, and will add residential uses to support downtown businesses. Mr. McClean asked if there is a Master Plan for the downtown area. Mr. Burke explained the Master Plan has a downtown section, and the board is actively working on by-laws to encourage and provide incentives to downtown projects. He said the town has received two housing rehab grants; the second one included money for fayade improvements and signage for downtown businesses. Ms. Collins noted that it is up to the business and building owners to come in with redevelopment proposals. Board Comment Mr. Jodice asked about rentals versus condos. Mr. Botti said he hopes to sell the units as condos. Mr. Jodice asked about the affordable housing by-law; Mr. Burke said one of the units will have to be affordable. Mr. Jodice asked about landscaping. Mr. Botti said there isn't a lot oflandscaping, but there is more than exists today. Mr. Jodice asked about other alternatives, like planters and window boxes, around the front of the building. Mr. Jodice suggested looking into sustainable development techniques and materials. Mr. Botti said there have been a lot more green products developed in the last two years, which they have been looking into. Mr. Cleary asked if this complies with the downtown guidelines. Mr. Burke said it does, although the guidelines were not in place when this was originally permitted. He said the board was working on them at the time, and a lot of them were used in this design. Mr. Cleary asked if any zoning has changed in the last two years that would affect this plan; Mr. Burke said it has not. Mr. Cleary said the plans show zero seats; Mr. Botti explained it is all stand-up service. Planning Board 4 8/13/2009 T" 'I' Motion: To approve the special permit application to demolish the existing two-story residential/commercial building, a single-story ice cream manufacturing building and a single-story shed and replace them with one four-story mixed business/residential use building containing a restaurant and six (6) residential condominium units at 34 North Main Street (Assessor's Plat No. 23, Lot 183) in the Business 2 zone with the following conditions: 1. Sheets 1 through 7 of Plans of "Proposed Mixed Use Redevelopment, 34 North Main Street, Mansfield, Massachusetts" dated June 20,2006 and revised October 17,2006, November 9,2006 and January 9,2007 by Prime Engineering, Inc. are incorporated into this special permit decision by reference and shall be recorded with the special permit decision. 2. October 6, 2006 revised color elevation and layout plans, Sheets A-I, A-2, A-3 and A- 4, dated (submitted at the December 13,2006 public hearing), revised December 13, 2006, prepared by Main Street Architects are incorporated into this special permit decision by reference and shall be recorded with the special permit decision. 3. All above-referenced department head comments shall be satisfactorily addressed within the 20-day appeal period. 4. Any changes to the plans shall be made within the 20-day appeal period. 5. Prior to the issuance of any building permit and/or the sale of any unit in the building, the requirements of the inclusionary housing by-law, Section 6.0 of the Zoning By-Law (copy attached), must be complied with. 6. The applicant shall meet with the Board of Selectmen as Road Commissioners to obtain the necessary permits from the Road Commissioners and the Department of Public Works to make the proposed improvements to the sidewalks on Fulton Street and North Main Street. 7. Additional architectural detail shall be added to the fascia band on the building. 8. The mechanical units on the roof should be painted to match the color of the roofing materials and should be set a minimum of 15' (fifteen feet) from the exterior roof edge. 9. The areas shown on the floor plans dated October 6,2006 labeled "manufacturing" and "washroom" shall be reversed, so that the manufacturing activities take place in the rear comer of the building, fronting on Fulton Place. 10. A stop sign shall be added at the parking lot exit onto Fulton Place. 11. All public rights-of-way used during demolition, deliveries, site work and construction shall be swept regularly and kept clean of debris. Erosion control measures should be installed around catch basins within the public right-of-way. 12. Hours of operation for demolition, deliveries, site work and construction shall be limited to 7:00 a.m. to 4:00 p.m. Monday through Friday and 8:00 a.m. to 4:00 p.m. on Saturday. No work shall be done on Sunday. These restricted hours of operation shall not apply to interior work. (Annino-Collins) Kozlowski - In favor. This is a great project and will do a lot for downtown. Planning Board 5 8/13/2009 ~ Jodice - In favor. This will have a positive impact on the health, safety, convenience, general welfare and amenities of the town's inhabitants, a positive impact on adjoining premises, neighborhood character and social structure, will improve pedestrian and vehicular traffic, safety and adequacy, will have adequate municipal facilities, will have no negative impacts on the natural environment, and will have a positive fiscal impact. Cleary - In favor. The benefits outweigh the detriments, and it will be a great addition to downtown. Annino - In favor. This will be a tremendous benefit to downtown and to Mansfield's residents, is consistent with the Master Plan and the development ideals for downtown, and a positive step in keeping existing, viable businesses downtown. Collins - In favor. The benefits outweigh the detriments, and the details that have been put into the plan in terms of the built environment are very positive. McClanahan - In favor. The benefits outweigh the detriments, this will be a great asset to downtown, and the development fits in with the Master Plan. French - In favor. The benefits clearly outweigh the detriments, the project will be an asset to downtown and a benefit to residents, and the development goes along with the vision for downtown in the Master Plan. 7 in favor. 0 opposed. All in favor. PASSES Motion: To close the public hearing (Annino-Kozlowski) All in favor. PASSES 17. Public Comment 18.Atq~J;lthe.'table August 6, 2009 letter from Michael Trowbridge, Hutchins-Trowbridge Associates re: conceptual sketch plan "C" of "Wayside Estates." The plan shows a cul-de-sac on Saddle Ridge, which would require a waiver for the length of an existing dead-end street. The road currently ends with no area for turning around; the addition of the cul-de-sac bubble will improve the traffic situation. Mr. Jodice asked what the minimum cul-de-sac radius is. The board asked to see a plan showing the smallest possible cul-de-sac bubble. Mr. French said the lots shown on Old Farm Road would be allowed by right. Revised Housing Production Plan Motion: To approve the plan as revised (McClanahan-Annino) All in favor. PASSES Mr. Burke distributed copies of the August 18 Special Town Meeting warrant. Planning Board 6 8/13/2009 'II" _.._"~-,g~"~_.-...~~,""-'"."--,----,-,-,,~,-,-~~~,,,,,,,.--..-...,---- ,', "_._~.,-_._--,-~~._- Mr. Burke said the board asked for fee schedules from Water, Sewer and Electric, but has not received the Electric fees at this time. Mr. Jodice asked ifMr. Burke has found any report about the change to one-way traffic downtown. Mr. Burke said he has not. Mr. Burke said the board is scheduled to discuss the Master Plan with the Board of Selectmen on September 2. He suggested that since the board hasn't reached consensus on the downtown overlay district or received the Electric fees, that would be premature. He suggested rescheduling for sometime in October. The board agreed. Mr. French asked about the SRPEDD traffic study. Mr. Burke said he has not heard from SRPEDD recently. Mr. French asked if the study would go north of Route 106; Mr. Burke said it would not. He said the town has applied for a second technical assistance grant, which would cover the area north of Route 106. The board discussed South Coast Rail and the state of the Commonwealth's finances. 19.A.djoumment Motion: To adjourn at 9:45 p.m. (Jodice- ) All in favor. PASSES Next meeting: Wednesday, August 26,2009 at 6:30 p.m. (Downtown Walk) / ~ 9-((-09 4-~of Clerk ~ Date of Approval Planning Board 7 8/13/2009