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HomeMy WebLinkAboutmin of planning brd 09162009 Planning Board Minutes September 16, 2009 Present: Tom French, Chair; Olivier Kozlowski, Acting Clerk; Doug Ann~ 1)opy Jodice, Donald Cleary . ',.; -.\ Shawn MacDonald and Timothy Verocchi, Alternates Shaun P. Burke, Director of Planning and Development :I ,'-- J -;!:.. t" t""::.~ n ~). f;' r,,. , < r i D[ A If: 49 1. Meeting called to order at 7:30 p.m. I 2. Correspondence 1. August 12, 2009 minutes Motion: To approve (Annino-Cleary) Four in favor. Two abstentions. PASSES 2. August 26, 2009 minutes Motion: To approve (Annino-Cleary) All in favor. PASSES 3. Special Permit decision to be signed - 34 North Main Street - Sweet & Crafty Motion: To sign the special permit decision (Annino-Cleary) All in favor. PASSES 4. Meeting notices - Attleboro, Easton 5. September 2, 2009 letter from George Gallivan, 11 Kevin's Way asking for a clarification of "structure." Mr. Burke explained Kevin's Way is a residential compound and there is a note on the plan requiring all structures to be within the building envelopes on each lot. The primary structures on each lot are within the building envelopes. Mr. Gallivan would like to build accessory structures - a pool and cabana - outside the building envelope. Mr. Burke said a narrow interpretation of the Zoning By-Law would define any structure, whether primary or accessory, as a "structure." He said he reviewed the minutes from the Kevin's Way public hearing and the special permit, and while there was no discussion of setbacks, the plans show the setbacks and are part of the special permit. Mr. Annino said the board has to look at what is allowed in a residential compound, which is smaller lots with more open space. He said with the smaller lots, buyers have to be aware of the limitations on their property. He said all structures should be within the building envelopes. Mr. Jodice said he agrees, and would be worried about setting precedent by allowing construction outside the building envelopes. Mr. Kozlowski said the plan doesn't show what the homeowner wants to do outside the envelope; Mr. Burke said the plan is a conceptual. Mr. Annino noted the plan does show the pool and cabana within the building envelope, and said if it were done right, it could work without being crowded. He said by allowing the structures outside the envelope, the abutting lots would be impacted. Mr. Jodice said a building permit is required on anything over 120 square feet, and asked if the board would consider that a "structure." Mr. French read the definition of structure from the Zoning By-Law, which indicates that anything attached to the ground is a "structure." The Zoning By-Law does not specify the size of a "structure." Mr. French said it is logical that the definition of a structure for this Planning Board 1 9/17/2009 r T question should be the same as the definition in the Zoning By-Law. The board members agreed. Mr. French said ifthe homeowner wants to take it further, the special permit would have to be modified. I 4. Form A (ANR) Plans 5. Special Permit Public Hearing - 905 South Main Street - Commercial Parking Facility The clerk read the public hearing notice. Mr. French explained how the public hearing would be conducted. Attorney Ed Valanzola, representing landowner William Richard, explained the special permit application for a commercial parking lot use. He said they have been to the Board of Selectmen for the parking lot license, and will return after the Planning Board hearing. Mr. Valanzola said the Planning Board recently permitted the XtraMart gas station on this site. He said this proposal is for parking during Comcast Center events. He explained Mr. Richard has tried to prevent parking at this site in the past by blocking the entrance, but Comcast customers parked there anyway. Now that there are tenants who need to get to their businesses later in the evening, he can no longer block the entrance. With a commercial parking lot operation, he will be better able to monitor the site during Comcast events. Mr. Valanzola explained there will be a monitor on site during events to ensure people park in the appropriate areas. Parking will be toward the back of the site; he said there are 158 parking spaces [not the 178 shown on the original plan], but they do not plan to use them all because they will have to leave spaces for those tenants who are open later. Mr. Valanzola said Mr. Richard has been in talks with the Com cast Center about installing a gate and walkway from this site to that one. Mr. Valanzola said Mr. Richard has recently received a Certificate of Occupancy from the Building Inspector and a Certificate of Compliance from the Conservation Commission for the site. Mr. Valanzola showed the board a revised plan dated August 4,2009 and revised September 14,2009, showing none of the commercial parking spaces will be in the XtraMart area. Mr. French asked if all the existing spaces are under lease agreement with tenants. Mr. Valanzo1a said there are no specific spaces leased to tenants. He said the parking lot monitor would decide where to park Comcast patrons to allow sufficient tenant parking. Planning Board 2 9/17/2009 " Mr. French asked if all the existing spaces are required by zoning to accommodate the tenants. Mr. Valanzola said they have several more than required, possibly lO. There is approximately 45,000 square feet of building on the site. Mr. Valanzola said most Comcast shows are in the evenings and on the weekends, and they would make accommodations for businesses that would be open those hours. Mr. French asked about signage. Mr. Valanzola said if they have more than one monitor, one would be at the driveway and the second parking cars. He said with only one monitor, they would use signage and cones to direct drivers. Mr. French asked when they would open; Mr. Valanzola said they expect to open one or two hours before Comcast opens. Mr. Jodice said there is a lot of evening tenant traffic on this site because of Mockingbird Music. Mr. Valanzola said the Comcast parking will be in area B on the plans, which is not near the music school building. Mr. French asked if people would be using both entrances. Mr. Valanzola said they would prevent people from coming in the XtraMart driveway. Mr. French said he is concerned that if the Comcast customers come in the south driveway, they would be driving right by the music school. Mr. Valanzola said they could direct cars around to the right when they come in the entrance to avoid that building. He said they may need two or three monitors. He said Mr. Richard doesn't want his tenants upset after every Comcast event, so they will do what they can to make it work. Mr. Annino asked how pedestrians will get to Comcast. Mr. Valanzola said until they have an agreement with Com cast for a walkway, pedestrians will walk a short way on South Main Street. Department Head Comments The clerk read comments from the Fire, Police, Electric, Engineering and DPW Departments. Public Comment Letter from Helen Bielan, 900 South Main Street in opposition. Unsigned letter from "the neighbors" with photographs of nighttime activities, in opposition to the commercial parking use. Attorney Wayne Henderson, representing the abutting owners of 880 Main Street LLC (Souza family) and Rumford LLC (Clemmey family). He said his clients oppose the grant of the special permit because 1) there is no public need for this parking lot, as the parking needs of Comcast are met by Comcast and the existing satellite parking lots; 2) the applicant cannot satisfy the Zoning By-Law because the parking spaces are already committed to the office uses and cannot be used for two purposes; and 3) the proposal will create a serious traffic and public safety hazard, getting vehicles in and out of the site at the time of maximum traffic impact caused by the Comcast Center. Attorney Planning Board 3 9/17/2009 ~ ~,".~"",..~.,,~_._._..--",~~" --.------. \ ".. Henderson said several members of the board had expressed concern about XtraMart adding to the traffic issues on Route 140, and said this use would add over 300 additional vehicle trips to that roadway. He said the traffic lanes on Route 140 reduce from three to two at this property, which may cause additional problems. Attorney Henderson said the letter from Chief O'N eill indicates his concern for pedestrians, drivers and detail officers, and says there is already sufficient parking for the Comcast Center. Attorney Henderson said the applicant should go back to Mass Highway to revisit the curb cut permit, the Conservation Commission to revisit the Order of Conditions, should revisit the landscaping for commercial parking facilities, satisfy insurance requirements and satisfy signage requirements. Attorney Valanzola asked the board to keep in mind that Attorney Henderson represents two clients with commercial parking lots at the Comcast Center. He said this appears to be the other businesses wanting to avoid competition. Attorney Valanzola said the current office use is permitted, as is the commercial parking use, and there is nothing in the by-law that prohibits both uses. Attorney Valanzola said Chief O'Neill's letter to the Board of Selectmen is a general position letter indicating the Chief is not in favor of any satellite parking lots, but it is not specific to this site. Attorney Valanzola said the number of vehicles going to the Comcast Center for a show is going to be the same regardless of where they park, so adding another satellite parking lot is not going to increase traffic. Attorney Valanzola said those in opposition to this permit have all received the same permit, but now they are saying there is no public need for this lot to receive a permit. Attorney Valanzola said Mr. Richard's site is a first-class property and he will work to minimize any negative issues. William Clemmey, 750 South Main Street, said he runs a commercial parking lot, but there are no other buildings on his site. He said the by-law does not allow the use of the same parking spaces for two different purposes at the same time. He said when he got his parking lot license, they had to go to Mass Highway, have a traffic management plan, and coordinate with the Comcast Center. He said the neighbors were told this site would not be used for parking during Comcast Center events. Board Comments Mr. Verrochi said he would like to see a police detail at the street and a patrol through the lot during parking events. Mr. Kozlowski asked if making this operation an official commercial lot would help control the illegal parking and other issues on site. Planning Board 4 9/17/2009 . .. '-.""-"'----'-' T ... Mr. MacDonald asked if Mr. Richard has spoken with his tenants. Mr. Richard said he has not. He said he would in no way, at any time, interfere with them. He said he does not plan to use the front of the site for event parking. Mr. Valanzola said the board could limit the number of spaces or the areas where parking is allowed. He said there will be no competition for parking because most of the offices close around 5:00 p.m., with the exception of the music store. He said he doesn't think the tenants will even notice the event parking. Mr. Verrochi asked about tailgating. Mr. Valanzola said they would not allow tailgating because they will have monitors in the lot and/or police details patrolling the lot. Mr. MacDonald asked about trash removal; Mr. Valanzola said they will have trash barrels during parking events and people collecting trash afterwards. Mr. MacDonald asked about the eight spaces Lt. Tebeau mentioned; Mr. Burke said those are the eight parallel spaces adjacent to building B. Mr. Valanzola said under the new plan, they would not use those spaces for event parking. He said tenants do not use those spaces now because they are at the back of the building. Mr. Cleary said he would like to see a more detailed parking and security plan. He said he doesn't like the idea of having pedestrians walk to the front of the site and around the fence to get to Comcast. Mr. Valanzola said they are actively negotiating with Comcast for the walkway. Mr. Cleary said the police are concerned about people without tickets parking in the satellite lots, and asked if they could ask people to show their tickets before allowing them to park. Mr. Valanzola said that is a reasonable request. Mr. Cleary asked if the exit could be made a "Right-Turn Only." Mr. Valanzola said that is reasonable. Mr. Annino said everyone has the right to use their property, but this proposal lacks detail. He said this is a special permit, so the board has to be convinced it is in the best interest of the town. He said he is concerned about pedestrian safety with no walkways and no handicapped access, as well as traffic circulation in the site and around the XtraMart. He said the board was concerned about the gas station use, and this is an intensification of the use and traffic. Mr. Annino noted the by-law requires parking spaces to be computed separately, which these are not. He said this is a large site, and one or two monitors may not be able to control it. Mr. French said the board would like to see a detailed plan, including a police detail, signage, parking lot monitors, internal traffic flow, opening times, exactly where the parking will be and sanitary facilities. He said the Building Inspector should be asked about whether this can be done. Planning Board 5 9/17/2009 - Mr. French asked if the gas station special permit would have to be modified because of this. Mr. Burke said that would have to be considered, and may depend on where the detail officers are located on Route 140. Mr. Kozlowski said he understands this may help the existing problem with illegal parking, but said he is concerned about internal monitoring of the site. Mr. Jodice said he is uncomfortable with this proposal. He said the traffic at this site is awful now, and this would add to the problem. He said the board has to look at a number of factors in the Zoning By-Law when it considers a special permit, and said he doesn't see how this proposal can meet any of them. He suggested there isn't enough control of this site now, ifthere are problems with illegal parking and vandalism, and suggested the landowner call the police and document those incidents. He suggested the applicant ask for parking only for the extra parking spaces on site, or asking for temporary use parking permits for some shows and making a donation to a worthy cause. Mr. Burke said Mass Highway should be contacted about whether this is a change in use or an additional use. Attorney Henderson submitted some photographs showing the site being fully parked. Mr. Valanzola said he and his client would go back and look at the proposal. Motion: To continue the public hearing to November 18, 2009 at 8:00 p.m. (Annino-Cleary) All in favor. PASSES 6. Special Permit Public Hearing Continued - Wireless Communication Facility - 615 School Street - Mariner Tower Chris Ciolfi, Mariner Tower and Jackie Murray, T-Mobile Mr. Ciolfi explained they have received a Certificate of Compliance from the Conservation Commission and a setback variance from the Zoning Board of Appeals. Mr. Ciolfi said the Radiofrequency Engineer, Mark Hutchins, has prepared a report indicating there is a significant gap in coverage, and that this project would not interfere with the Fire Department's communication equipment. Mr. Ciolfi said the 90-foot tower meets FAA regulations and zoning requirements, will be able to accommodate additional tenants, and will increase T-Mobile's coverage. Mr. French asked ifthere is anyone lined up to co-locate on this tower. Mr. Ciolfi said T- Mobile has no tenants lined up at this time. Mr. French asked if they have spoken with Police and Fire about co-locating. Mr. Ciolfi said he has not, because they would only be able to place public safety on the lowest level, which wouldn't help. Planning Board 6 9/17/2009 - Mr. Ciolfi said the FAA report came back and said this tower could be 110 feet tall. He said they are only asking for 90 feet at this time, but they may build it strong enough to increase the height in the future, then come back to modify the permit. At that time, they may be able to help public safety. He suggested adding that as a condition. Mr. Cleary asked if it would be better to build the tower taller, so it could accommodate more tenants, rather than have another carrier come in with a proposal to build another tower. Mr. Jodice asked about the alternate site discussed in Mr. Hutchins' report. Mr. Ciolfi explained the original site was in the wrong zone and was too close to the airport. Mr. French asked if the town would have to buy its own equipment if public safety were to locate on the tower. Mr. Ciolfi said it would, but would not be charged rent. Mr. French suggested ifT-Mobile was willing to buy the equipment, the board might be willing to grant the 110 feet. Mr. Ciolfi said the equipment, especially the radios, is very expensive, so it might not be worth it to T-Mobile. He said they might be able to help with the antenna. He suggested public safety might want to use space on this tower as a backup in case of emergencies. Mr. Burke presented the board with a draft special permit. Mr. French noted the advertisement was for a 90-foot tower, not a taller one. Mr. Burke suggested a condition that the permit is for 90 feet, but the applicant may go higher per the FAA with notice to the board. Mr. French suggested allowing the height of the tower to be 100 feet provided the applicant provides and pays for an antenna on top for the use of the town. Mr. Jodice asked how much revenue the town could make by extending the tower and the base at Plymouth Street. Mr. Ciolfi said he didn't think that could be permitted because of Conservation and DEP restrictions. He said the wetland filling and impact on the Plymouth Street site would make it the project unfeasible. Mr. MacDonald asked if they would have to go back to the Conservation Commission and the ZBA if the Planning Board grants 100 feet. Mr. Burke said they would not. Motion: To grant the special permit as drafted and amended (Annino-Cleary) Verrochi - In favor. The abutter spoke in support of the project, and the municipal option on the tower is a benefit. MacDonald - In favor. The benefits outweigh the detriments with the expansion of cellular service; the is not located in a residential neighborhood, and is set back from School Street far enough. Planning Board 7 9/17/2009 Cleary - In favor. The municipal use and tax base increase are benefits. Annino - In favor. I do not think this will adversely affect the health and welfare of the neighborhood, generates no traffic, will generate tax revenue, and is set back from School Street on an industrial property. Kozlowski - In favor. The benefits outweigh the detriments because of its location in an industrial area, the increased convenience for cell phone users, and the potential for emergency services to utilize the tower. Jodice - Opposed. The town should be trying to keep these on town-owned land, so this will have a negative impact on the town's finances, it is close enough to residential areas to have a negative impact. I recommend the Planning Board redraft its by-laws to keep these towers on town-owned land. French - Abstained. Five in favor. One opposed. One abstention. PASSES Motion: To close the public hearing (Annino-Cleary) All in favor. PASSES I 5. Public Comment L<i. Around the Table Mr. French said he thought the board's downtown site walk was a success. He said the sign at La Trattoria looks terrific, and suggested sending that business a letter telling them how nice the whole building looks. Mr. Annino suggested each member should sign the letter and he would have it framed. Motion: To send Mr. DeFazio a letter complimenting his work on the building (Annino-Jodice) All in favor. PASSES The board discussed the difficulty of getting through the light at School Street/Route 140 coming from West Mansfield. Mr. Burke told the board Kohl's wants to modify the Mansfield Crossing special permit to permanently change their hours. A public hearing has been scheduled for September 30,2009. Mr. Annino said there may be some housing rehab funds that can be directed to downtown projects. He said that will be up to the Board of Selectmen, so the Planning Board should make a pitch to them during their joint meeting in October. Mr. Burke told the board about a Wheaton College intern who will be working on some downtown issues, including inventorying parking spaces and measuring street widths, and will supply that information to SRPEDD. Planning Board 8 9/17/2009 . . ~ Mr. Cleary asked about South Coast Rail. Mr. Burke said the decision is up to the Army Corps of Engineers, which has not made any announcements. Mr. French said the board will visit the Board of Selectmen on October 14 to discuss the Master Plan, and suggested organizing a presentation. Mr. Burke said he would put some ideas together for the October 30 meeting. \1.... Adjournment Motion: To adjourn at l0:30 p.m. (Jodice- ) All in favor. PASSES Next meeting: Wednesd(;j.y",September 30,2009 at 7:30 p.m. 1 1 flQ ! /~/^ J(I ~/. /. 9/3(1/'5 Signature of Cler Date of! Appr6val Planning Board 9 9/17/2009