HomeMy WebLinkAboutmin of planning brd 09302009
Planning Board Minutes
September 30, 2009 :.. ::: C,: ! \i E 0
Present: Tom French, Chair; Beth Ashman-Collins, Clerk, Doug Annino, Michael :3 CFF ICE
McClanahan, Tony Jodice, Olivier Kozlowski
Shawn MacDonald and Timothy Verocchi, Alternates
Shaun P. Burke, Director of Planning and Development
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1. Meeting called to order at 7:30 p.m.
Motion: To appoint Mr. McClanahan Acting Clerk
(MacDonald-Jodice) All in favor. PASSES
I 2. Correspondence
1. September 16, 2009 minutes
Motion: To approve as submitted
(Annino-MacDonald) Five in favor. One abstention. PASSES
2. September 16, 2009 memo from Richard Alves, Senior Engineer re: School/Otis
Street Drainage Reconstruction. Mr. Burke said the drainage system at the
intersection is being redesigned, with a new drain line down Otis Street to the railroad
bridge, under the tracks to a wetland on the other side. Otis Street is a scenic way,
but there will be no trees or stone walls disturbed in this work.
3. Meeting Notices: Attleboro, Sharon
I 3. Form A (ANR) Plans I
Dane Street - DePalma. Mr. Burke explained this parcel has frontage on Dane Street, off
North Main Street. Portions of the lot, shown as Parcels 1 and 2 and labeled non-
buildable lots, are to be conveyed to abutters; the remaining land conforms. Mr. Burke
suggested the plan warrants endorsement.
[Ms. Ashman-Collins arrived at this time]
Motion: To sign the Form A plan
(McClanahan-Annino) Six in favor. One abstention. PASSES
4. Discussion with Michael Trowbridge re: Wayside Estates
Michael Trowbridge, Hutchins-Trowbridge Engineers, said the last time the board met
about this conceptual plan, there was discussion about building the cul-de-sac as small as
possible. Mr. Trowbridge said he has spoken with the Fire Chief about the proper
dimensions; the town's standard is an 80-foot radius, with 70 feet of pavement. Mr.
Trowbridge said the ladder truck and a school bus have about a 40-foot turning radius,
which would require a 60-foot cul-de-sac. Mr. French said he thought a 60-foot property
line radius would work for this project. Mr. Trowbridge said with the 80-foot radius,
there would be frontage for three lots and no need to build more roadway; with a 60- foot
radius, there would be two lots and additional roadway construction. Mr. Burke said the
Subdivision Regulations require an 80-foot radius cul-de-sac, and a 60-foot cul-de-sac
would require a waiver.
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Mr. French noted even the 60-foot cul-de-sac will need a waiver because it will extend
the length of the dead-end street.
Mr. Jodice asked why, if the standard is 80 feet, the board would want to change. Mr.
French said the board has granted a waiver for smaller cul-de-sacs in other subdivisions,
and according to the Fire Department, 60 feet would work. Mr. Jodice said in that case,
the Subdivision Regulations should be changed. He said restricting the number of lots
could result in the land remaining undeveloped, and the dead-end street with no cul-de-
sac is a safety issue.
Mr. Trowbridge asked if the property line radius could be left at 80 feet, but the inside
pavement be reduced to 60 feet. Mr. McClanahan said that would still require waivers.
Mr. Annino said he likes the idea of reducing the pavement. Ms. Ashman-Collins agreed.
Mr. Jodice, Mr. MacDonald, Mr. McClanahan and Ms. Ashman-Collins said they thought
the standard 80- foot radius property line with a reduction of pavement in the middle is a
good idea.
Mr. MacDonald suggested if the standard size of cul-de-sacs is an issue, the board should
look at amending the Subdivision Regulations.
Attorney Ed Valanzola, representing abutters, said his clients are primarily concerned
about the wetlands and vernal pool on this parcel.
Mr. Jodice asked ifMr. Valanzola's clients want a cul-de-sac; Mr. Valanzola said he
thinks his clients would be in favor of the cul-de-sac, and are pleased that the number of
lots has been reduced from the original conceptual plan.
Mr. Annino said at this point, he is comfortable with the 80-foot cul-de-sac and reduced
pavement based on the 60-foot radius and three lots. He said he has concerns about
drainage and wetlands, which will have to be addressed later.
Consensus of the board was for the 80-foot cul-de-sac and reduced pavement based on
the 60- foot radius and three lots.
5. Special Permit Modification Public Hearing - Mansfield Crossing - Kohl's
Hours of Operation
The clerk read the public hearing notice.
Attorney Thomas Evans, Zelle, McDonough & Cohen, explained the request to expand
Kohl's operating hours from 6 am to 12 am, seven days a week, with discretion of the
Police Chief to expand those hours during the holiday season. He said Kohl's stores
around the country are allowed to be open extended hours. He said 6 am to 12 am would
be the maximum hours, and Kohl's would not take advantage of the maximum hours
year-round, but would have the option during those sales.
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Mr. Evans said this would be a service to Kohl's customers, additional store hours and
possibly additional jobs. The closing time would be consistent with the closing times of
the restaurants at Mansfield Crossing. He said because of the restaurant hours, the lights
currently come on at dusk and are turned down to overnight security levels at ] am, and
this proposal would not require additional lighting.
Mr. Evans said the Police and Fire Chiefs are not opposed to this change.
Mr. Evans said when Kohl's approached SR Weiner about this change, the landlord
provided them with a letter of support. There was also discussion about allowing
changes in hours for other stores in the center, but Kohl's was already far along in the
process. He said some of the other big box stores are already closing well before 10 pm.
Department Head Comments
The clerk read memos from the Police Chief and Fire Chief stating they have no
objections to the changes in hours for Kohl's.
Board Comment
Mr. Verrochi asked how many restaurants are actually open until 12 am. Mr. Evans said
he believes Bertucci's is open until 11. Mr. Burke said TGI Friday's is open later.
Mr. French read "Exhibit A" detailing the request to change in hours to 6 am to 12 am,
seven days a week, with discretion from the Police Chief to further allow extended hours
on five days between December 1 and January 15. Mr. Evans noted the original permit
currently allows the Police Chief the discretion to extend hours for special events, like the
day after Thanksgiving.
Board Comment
Mr. Kozlowski said the restaurant use farthest from the road is Papa Gino's, and is
probably open until 11 pm now. He said if this is granted, the prohibition on 24-hour use
that exists in the original special permit does not go away. Mr. Burke said that is true,
but the Police Chief would have more discretion about extended hours.
Mr. Jodice asked about security at this store, way at the back of the site, ifit is open until
12 am. Mr. Evans said when the center was permitted, there was a condition for live
security during the first year, and after the first year, the Police Chief approved amended
live security, from 12 pm to 6 pm. He noted there are blue "panic" boxes throughout the
site. Mr. Burke said there have not been reports of assaults in the parking lot, but the
biggest issue at a center like this is shoplifting. Mr. Jodice asked why the restaurants
were allowed to stay open later than the retail uses in the original permit; Mr. French said
that is a function of the restaurant business.
Mr. Annino said this is a very sensitive issue for the board, after it spent more than two
years working on the permitting of Mansfield Crossing. He said it is in a transitional area
to a residential neighborhood, and extending the hours would really intensify the use. He
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said the board spent a lot of time working on how to minimize the impact of this center,
and extending the hours would increase the impact. He said this would also take away
from the downtown businesses. He said he doesn't buy the argument that because other
stores in the chain have extended hours, this store should, too. He said the original
permit made concessions for the center to stay open extended hours on a few occasions,
and he is fearful of the rest of the stores extending their hours as well.
Ms. Collins asked if there are limits on the hours of operation for other shopping centers
in town. Mr. Burke said the most recent special permit the board issued was for the
XtraMart on South Main Street, and the hours were based on input from the residential
abutters. He said it is not without precedent to limit hours based on the situation.
Mr. McClanahan said he agrees with Mr. Annino. He said the board and the developer
worked long and hard on this special permit, and while he can see Kohl's point of view,
he doesn't want to see all the stores in this and other shopping centers coming in for the
same thing, resulting in a number of late-night businesses.
Mr. Burke said he thinks there are only a handful of other stores in this center that might
come in for extended hours. He suggested the board might want to think about rather
than allowing 6 am to 12 am, 365 days a year, allowing extended hours during the
holiday season. Mr. Annino said he would be willing to consider that, but would not
want to allow the Police Chief more discretion on more days.
Ms. Collins asked how many promotions are held in a year that would require early
opening and late closing. Mr. Evans said there could be 20 or 30 weeks with special
events, which wouldn't all be 6 am to 12 am. Mr. Annino said he is concerned that if the
board grants this, that could turn into every day operating hours.
Mr. French asked if Kohl's has security and/or video surveillance. Mr. Evans said Kohl's
does not have its own security, but does have video surveillance in the parking lot. Mr.
French said the board was concerned about employee safety during the permitting.
Mr. French said Kohl's staying open until midnight wouldn't really change the operation
of the center, since the restaurants are currently open until then, and this change would
not result in any additional lighting.
Mr. Annino said he thinks this would almost be a disservice to the townspeople and the
board members who attended many public hearings and worked hard to make this a
special permit people were comfortable with.
Mr. French said the board could decide to make some refinements to the special permit
based on the center's track record, like it did with cutting back on security. Mr. Annino
said he wouldn't want to refine the permit by loosening it.
Mr. Kozlowski asked how the residential neighborhood has changed since the center was
built. Mr. Burke said several residences have been demolished. Mr. Annino said the
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neighborhood is more than just the few houses that have been removed; it is all the way
up and down School Street.
Mr. French asked what the impact would be on the neighborhood between a 10 pm
closing and a midnight closing.
Mr. Burke said this might be more analogous to a ZBA-type special permit, which looks
at the extension or alteration of an existing use and it would be more detrimental. Mr.
Annino said he doesn't think there is any benefit to the town with this proposal. Mr.
French said on a special permit, the board members have to decide whether the benefits
outweigh the detriments.
Mr. Jodice asked about soliciting public opinion on this issue. Mr. Burke said the public
hearing could be continued to allow residents more time to comment. He said the
purpose of the public hearing, with notice to abutters and a legal ad in the newspaper, is
to allow people a chance to be heard.
Mr. Jodice said he would not feel comfortable voting on this without looking at the
minutes, especially since most of the members are new to the board since the original
permit. Mr. Evans said he has reviewed the minutes from the original permitting to
become familiar with the discussions about hours of operation, and said did not see much
discussion about the issue.
Mr. Annino said if the center works now, and everyone is happy with it, why change it?
Mr. French said the Kohl's people aren't happy with it, and the board has to decide
whether the change is reasonable.
Mr. Kozlowski asked if one shopping center has restricted hours and another does not,
does the first center have an advantage? Mr. Annino said the issue should not be the
tenants, it should be the townspeople. Mr. MacDonald noted the two centers across the
street have much smaller spaces, so the tenants would probably be different.
Motion: To continue the public hearing until October 28,2009 at 8:30 p.m.
(McClanahan-Jodice) All in favor. PASSES
[Mr. Annino left the meeting at this time.]
16. Site Plan Review - 214 Rumford Avenue (Cuneo's) - Marco Crugnale
Marco Crugnale explained the plans for the site, which has an existing 4,700 square foot
commercial building. The plans are to demolish the existing building and build a four-
story, mixed-use building with 24 condos and 4,000 square feet of retail on the first floor.
The parking requirements are met with 41 spaces, the building is handicapped accessible
and there will be private trash collection. The sidewalks will be redone, and tree grates,
park benches and bike racks added, including some work on town property. Mr.
Crugnale said this would generate a lot more tax income for the town, have low impact
on the school system, private trash collection and the corner will be cleaned up.
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Mr. Crugnale showed the board an elevation of the building, which is a more modern
look than his other projects. The first floor commercial units will have glass windows.
The condos will have eight units on each floor. The rear of the building will have small
windows and will be dressed up because of its prominent location.
Mr. McClanahan asked about the shortcut behind this property; Mr. Crugnale said that
would be eliminated, so commuters will have to go around the building, which they can
do now.
Mr. MacDonald asked if any of the public parking spots in the front of this building
would be eliminated; Mr. Crugnale said they would not.
Attorney Ed Valanzola, representing the landowner.
Mr. Burke said at the site plan meeting, the department heads discussed the possibility of
making the Thomas Street bend a 90-degree angle, to slow drivers down and to create
more parking. He said the town isn't in a position to do that now, but it was discussed.
Mr. Crugnale said he cannot lose the parking spaces in front of the building.
Mr. Crugnale noted the building sits on the property line.
Mr. French asked where the customer entrance is; Mr. Crugnale said customer and
residential access will be on the Rumford Avenue side of the site.
Mr. French asked if there is a designated loading area for the retail uses; Mr. Burke said
B 1 is exempt from that requirement.
Mr. French said this looks like a wonderful project and he applauds Mr. Crugnale for his
work. He said this is a gateway to the town, and was one of the properties discussed
specifically during the Master Plan process.
Mr. Kozlowski asked how this would appear from the train side. Mr. Crugnale said there
would be some glass and canopies wrapped around that side from the retail use. He said
he hopes this will be a sought-after retail space because of its location.
Mr. Burke said a four-story building will be much more visible than the existing building.
Mr. Crugnale said the back of the building will not be blank, but will not be the same as
the front. He said there will be some small windows, and he can do something with
colors.
Mr. Jodice said developers should be given incentives to do things like this, especially in
the downtown area. Mr. Burke said the things Mr. Crugnale is doing, like improved
sidewalks and tree grates, bring value to the town. Mr. Valanzola said this would be a
benefit, not just to this area, but to all of downtown.
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Mr. Crugnale said there are existing overhead power lines, with telephone poles right on
the sidewalk. He said he has spoken with the Light Department about moving the poles,
which is another fee he will have to pay. Mr. French said thinks the board would like to
help Mr. Crugnale in any way he can. Mr. Burke said the board could discuss that with
the Board of Selectmen at the October 14 meeting. Mr. ValanzoIa said that discussion
should be directed toward the downtown area. He said he would put a letter together
regarding the fees and present it to the board.
Mr. Crugnale said he would like to break ground in March. He said he plans to
incorporate as much green technology as possible into this building, and he has contacted
Smartcar about locating on the site.
Mr. Crugnale said there are some outstanding issues with the Electric and Engineering
Departments, which he will be working on.
Mr. Jodice asked for a rear elevation at the next meeting.
Motion: To continue to October 28, 2009 at 9:00 p.m.
(Jodice-Kozlowski) All in favor. PASSES
I 5. Public Comment
16. Around the Table
Mr. Jodice said North Attleboro has exclusions for building envelopes for things like
eaves and steps, and suggested the board think about a similar change to Mansfield's by-
laws. He also suggested adding a definition of "structure." The members said they
would be willing to discuss that. Mr. Jodice said he would draft something for
discussion.
Mr. French said the board will be meeting with the Board of Selectmen on October 14.
Mr. Burke said he will get something to the board by next week, including history,
process, progress and the draft by-law.
17. Adjournment
Motion: To adjourn at 10:00 p.m. (McClanahan-Jodice) All in favor. PASSES
Next meeting: Wednesday, October 14,2009 at 7:30 p.m.
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Signature of Clerk Date of Approval
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