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HomeMy WebLinkAboutmin of planning brd 10282009 Planning Board Minutes October 28, 2009 "~D ;-- ,-,-lrE :' j- tv Present: Tom French, Chair; Beth Ashman-Collins, Clerk, Doug Anninq, Mic4ael McClanahan, Don Cleary, Olivier Kozlowski L' ,I .' Shawn MacDonald, Alternate ]: ,L\ 1. Meeting called to order at 7:30 p.m. I 2. Correspondence 1. September 30, 2009 minutes Motion: To approve as submitted (McClanahan-Annino) Five in favor. One abstention. PASSES 2. ZBA application for Finding - 106-108 Union Street The application is for a fire escape that encroaches into the sideyard setback. Motion: To send the ZBA a positive recommendation (McClanahan-Armino) All in favor. PASSES 3. October 20,2009 Traffic Monitoring Study from Greenman-Pedersen, Inc. re: Mansfield Crossing 4. Public Hearing notices: Easton, Foxboro, Attleboro, Sharon, North Attleboro, Norton 5. The Beacon 6. Fall 2009 Workshops - Citizen Planner Training Collaborative I 3. Around the Table Mr. MacDonald said the sidewalk next to 214 Rumford Avenue (Cuneo's) is tom up, so the only way to get to the train station from Old Colony Way is to go through the Cuneo's property, which may be a safety issue. Mr. Armino suggested sending a letter to the Building Inspector and DPW advising them that the sidewalk should be fixed as soon as possible. Mr. Cleary said there was a TIF meeting for 600 West Street. The parcel is currently empty, and the landowner wants a TIF in place subject to finding a tenant. The TIF committee would like to be able to specify the type of business that would be eligible. Mr. Annino said that sounded too open-ended. Mr. Cleary said the Board of Selectmen would have final approval of the application. Hal Davis, the attorney representing the landowner, has done a similar TIF application for downtown Norwood and said he would be willing to talk about doing one for Mansfield's downtown. Mr. French said that could be an encouragement for downtown building owners. The board would like to invite Mr. Davis in for a discussion. [Mr. Armino left the meeting at this time] I 3. Form A (ANR) Plans Plarming Board 10/29/2009 ~ 'H_~_~""__"'~''',",~_",,,-,-,, -'~'''~'''~~'_'''''''_'' _ ".. "_'_"""~"'"_"""__'___".'_"""""."'_'_'_~"'_'~'"","__"".__. ,.," m_..__'w....."._ 4. Special Permit Public Hearing - 151 Rumford A venue - 4 Townhouse Units The clerk read the public hearing notice. Mr. French explained how the public hearing would be run. He noted there are only five Planning Board members present; Mr. Crugnale said he would like to go forward with his presentation. Marco Crugnale explained the plan for a three-story, four-unit townhouse style building. Each unit will have a garage and there will be nine additional parking spaces where six are required. The building will be of a similar style to the existing house, which has four apartments. Mr. Crugnale said he will do a Form A plan to split the lots. The site will be on public sewer and water. The new units will be approximately 1,800 square feet with two bedrooms and the garage on the ground floor. The proposal meets all zoning requirements for the Business 1 zone. The existing house will not be disturbed. The clerk read memos from the Police, Electric, Water, Fire, Conservation and Engineering. Mr. Crugnale said he has spoken with the Fire Department and explained the building will be sprinklered and all sides of the building can be accessed. Mr. Crugnale submitted a revised memo from Lt. Tebeau. Mr. Crugnale submitted a letter dated October 28,2009 from his engineer responding to the department head comments. Public Comment Alex Barr, 141 Rumford Avenue, said he is concerned about appearance, parking, building height and privacy issues. Mr. Crugnale said he has tried to design the building to match the existing house. Andrew Barr, 141 Rumford Avenue, asked if this is two lots. Mr. Crugnale said it is currently one lot, but would be divided to create two lots. Mr. Barr said it seems like Mr. Crugnale is trying to maximize his land, and is concerned the two buildings may be taken down in a few years to build one large apartment building. Mr. Italo Crugnale, property owner, said the existing house is not going to be taken down. Mr. Marco Crugnale said he could probably fit six units on the site, but thought four would be better. Mr. Crugnale said the proposed building is 100 feet long by 27 feet wide. He said he understands the abutters' concerns, but thinks this will be an improvement over what is there now. He said the height of the building will be about 35 feet, a little shorter than the existing house. Mr. Crugnale offered to meet with the abutters to discuss their concerns. Board Comment Mr. Cleary asked if this is the kind of development we want in the B 1 area. He said he likes the proposed building, but asked ifthere should be commercial on the first floor. Planning Board 2 10/29/2009 - He noted the abutters may not want to see commercial uses on the first floor on this street. Mr. French said this is a more residential area than North Main Street. Mr. Barr said Mr. Crugnale's properties are always well done. Ms. Collins asked where the unit entrances are. Mr. Crugnale said the entrances will be at the garage doors, and noted there will be windows on the building facing the street. Mr. MacDonald asked what the back would look like, since that will be visible from North Main Street. Mr. Crugnale said the units will have second entrances at the back, along with some windows. Mr. MacDonald asked to see that on a plan. Mr. Crugnale said he will not disturb any ofthe existing trees or shrubs. Ms. Collins asked to see a perspective of what will be visible from North Main Street. Mr. French asked where the air conditioning units would go; Mr. Crugnale said they would be on pads at the back of the building. Mr. Crugnale said the building is staggered at the front to give it some dimension. Motion: To continue the public hearing to November 18, 2009 at 8:00 p.m. (Cleary-McClanahan) All in favor. PASSES 5. Special Permit Modification Public Hearing continued - Mansfield Crossing - Kohl's Hours of Operation [Mr. Annino returned to the meeting at this time] Mr. French noted there are six members present for the public hearing, which is a special permit requiring five votes. Attorney Thomas Evans, representing Kohl's, said he would like to go ahead. Mr. Evans introduced Jeff Love, Kohl's district manager. Mr. Evans presented the board with a revised request, which scales back the original request to amend Kohl's hours. The original request was 6 am to 12 am every day, although Attorney Evans said Kohl's did not intend to stay open those hours every day. The new request limits the request for the remainder of 2009 only. Mr. Evans said the closest residential homes are gone from the area, and he doesn't think there are any noise issues. He said the site lighting will not change at all. He said traffic may go up slightly with the increased hours, but many of the customers using the extended hours would have visited the site anyway. He said the benefits to this would be a slight decrease in peak hour traffic and customer convenience. Planning Board 3 10/29/2009 Board Comment Mr. MacDonald said this would set a precedent for the other stores at the site. Mr. Evans said there wouldn't be time for other stores to de> this in time for the holiday season. Mr. Cleary asked if the Police Chief could decide this issue if it is only for a few months. Mr. Evans said he thought the board had been concerned about the Chief allowing increased hours for more than a few days. Mr. Annino said it was not the board's intent to allow the Police Chief the latitude to allow changes in hours for months at a time. [Mr. Kozlowski arrived at this time] Mr. Cleary said he wouldn't want stores to keep coming back to the board year after year. Mr. French said he thought the board could allow this short-term change for the rest of 2009 without changing the special permit. Mr. Annino disagreed and said the special permit should be amended if this were to be granted. Mr. Annino said he doesn't necessarily agree with Mr. Evans' statements about the changes in traffic; he said there would have to be a traffic study done to determine the impacts. Mr. Annino said the board spent a lot of time working on the special permit for this site, and was very concerned about how it would impact the neighborhood. He said he is more comfortable with the short-term trial period. Ms. Ashman-Collins said she is happy about the trial period and the opportunity to see how it will work. Mr. McClanahan agreed. John DeMassi, 22 Lewis Road, said the conditions of the special permit were given very careful consideration with regard to the neighbors and the drivers who go past this site every day. He said there are only two east-west routes from West Mansfield into town, this shopping center is on one of them and there will definitely be an impact on traffic. He said this will definitely set a precedent for other stores in the shopping center. He said the proposed additional hours will result in 24 additional hours a week, which is a significant amount of time. He said he is concerned about security at the shopping center. He suggested not amending the special permit, but rather providing relief for a short-term period. Fred Armstrong, 27 Necco Road, said he isn't necessarily opposed to the concept, but asked how this would be accomplished. He said he isn't sure whether or not a special permit can be amended for a one-time exemption. He said with the 20-day appeal period on a special permit, the month of November could be gone before it can be put in place. He said the permit was issued to WS Development, not to Kohl's, and asked if Kohl's has the standing to make the request. Mr. French said there is a letter in the file from WS supporting Kohl's request. Mr. Evans said it is common for tenants of a shopping center to seek this type of relief. Planning Board 4 10/29/2009 .. Mr. Armstrong said he is concerned about the late hours of operation. Mr. French noted the midnight closing time would be in keeping with the restaurant hours. Attorney Ed Valanzola said he has worked for development companies that manage shopping centers, and it is not unusual for tenant to do this sort of thing. Mr. Kozlowski asked if an applicant can take use of a special permit before the appeal period is up. Mr. McClanahan said a benefit to the change in hours would be a few additional jobs. Mr. French said the increased convenience for shoppers and the support of the business would also be benefits. Mr. Cleary asked if the short-term change could be considered a minor modification. Mr. DeMassi said he is concerned that the expanded hours at the shopping center would be detrimental to the downtown businesses. Motion: To amend the Mansfield Crossing special permit by adding an addendum as follows: 1. To allow Kohl's department store to extend its hours as indicated on the "Revised Request Regarding Hours of Operations for Kohl's Department Store" (Exhibit I attached) for the period of November 1,2009 through January 1, 2010 only; 2. A traffic study shall be done by the applicant during the period of extended hours to determine the impacts of the extended hours. The results of that study shall be submitted to the Town of Mansfield; 3. This decision is incorporated by reference and by attachment to the November 9, 2005 Mansfield Crossing special permit, and all terms and conditions of the original special permit remain in force, with the exception of hours of operation for Kohl's department store for the period of November 1, 2009 through January 1,2010; 4. According to the applicant's attorney, employees working extended hours will be provided with a secure environment through the use of existing security cameras in the employee parking areas and through existing site lighting, which is not lowered until the restaurants on site close; 5. The Planning Board makes a finding that this change in hours is a situation unique to Kohl's because it will be in keeping with the hours of operation of other Kohl's stores and with corporate advertising; 6. The Planning Board further recognizes that in the current difficult economic climate, allowing additional store hours may provide additional jobs in the community, and will allow Kohl's to be open for business during hours similar to its competitors; Planning Board 5 10/29/2009 .. 7. The Planning Board determines that this decision does not obligate the Planning Board to grant amendments to the hours of operation of any other tenant at Mansfield Crossing. The Planning Board will weigh each subsequent request for changes in operating hours, if any, on its own merits during a duly advertised public hearing, where notice is provided according to statute; 8. Finally, the Planning Board finds that the expanded employment and shopping opportunities provided by Kohl's outweighs the detrimental impacts of extended hours of operation. (Kozlowski - McClanahan) MacDonald - Opposed. There will be detriments to safety and traffic, especially at night, and I am concerned this will set a bad precedent. I would prefer this be done between Thanksgiving and January 1, rather than for all of November. Kozlowski - In favor. I am more comfortable with the proposal as modified. This is a perfect trial run to see whether there will actually be benefits in terms of additional employment and business opportunities. Cleary - In favor. There is something to be said for additional convenience for shoppers; police and fire are comfortable with the proposal. I would like to see police and fire report back after the holiday season to see how it worked. Annino - Opposed. The board worked long and hard on the special permit to determine appropriate hours of operation to avoid impacting the neighborhood too much. This sets a dangerous precedent for other stores to come in for similar hours. Collins - In favor. I expect the impacts on health, safety and adequacy of services to be minimal. This will be a good trial run and the success of the center is important to the welfare of the town. McClanahan -In favor. There will be benefits in additional employment and a minimal impact on safety. This trial period will be a good test. I would like to see another traffic study done during the holiday period to see what the impact really is. French - In favor. While I am concerned about setting a precedent, I am comforted by the short-term time period and think it will be a good trial. The center's track record has been good. The hours of operation will not be any later than the restaurants, so lighting levels will not be increased, and traffic will not be extended any later than existing businesses. There will be a minimal impact on health, safety, convenience, adjacent premises and minimal impact on municipal services. This is a good way to be supportive of local businesses during tough economic times, and may provide additional jobs or hours for employees. Five in favor. Two opposed. PASSES Planning Board 6 10/29/2009 ",.,.._.,.._,..,.._....",_.._'___.~...,.,,'...,..,""_''''._o.-_~.d,.."._~...,_.;......"",,~.___.. , Motion amended to include a traffic study be done during the holiday season. (Kozlowski-McClanahan) All in favor. PASSES Motion: To close the public hearing (McClanahan-Cleary) All in favor. PASSES [Mr. Annino left the meeting at this time] I 7. Public Comment Leonard Flynn told the board about a meeting he attended at SRPEDD about South Coast Rail. 16. Site Plan Review continued - 214 Rumford Avenue (Cuneo's) - Marco Crugnale Marco Crugnale explained the changes to the plans and showed the board a view of the building from the back, and what would be seen from Route 106. The clerk read a memo from Mr. Alves, whose original comments remain. The clerk read a letter from Mr. Crugnale and Attorney Valanzola requesting the Planning Board's support with the Board of Selectmen for his fee waiver request to the Board of Selectmen and to eliminate the affordable units. Mr. French said the inclusionary by-law can only be waived by the Zoning Board of Appeals. Mr. Valanzola said he understands that, and asked that the board support their application. Mr. French noted there are options other than building the affordable units. Mr. Valanzola said the options laid out in the inclusionary by-law would be cost prohibitive, but said he would look into it again. Mr. Crugnale said it is very difficult to sell the affordable units, and noted that all the units would be priced under $200,000. Mr. Crugnale said to bury the utility lines would cost around $200,000, and relocating them would cost $90,000. He said he would like that fee waived. Mr. Valanzola said he understands the departments will likely be opposed to waiving fees, but asked that it be noted the development will be bringing in more in taxes. Board Comment Mr. MacDonald said he likes the back elevation. He said he is concerned about setting a precedent with the fee waivers. Mr. Valanzola said developments should be considered case by case, and each project has to stand on its own merits. Mr. Crugnale said all downtown redevelopment projects should be encouraged as much as possible. Mr. Kozlowski said he likes the proposal. He said he is a little skeptical about some of the relief requested. He said ifit is a fee that can be waived, that could be supported, but if there is an actual expense to the town, perhaps that should be paid by the developer. Mr. French said he is not willing to vote on supporting the fee waivers tonight, since the board just received the request. He said the discussion should focus on the site plan. Planning Board 7 10/29/2009 - Mr. Kozlowski said the intent of the inclusionary housing by-law is to keep the town above the state's 10% requirement. He noted the town is over that now, but the count should be kept in mind. Mr. Cleary asked if there will be a walkway to cross over Route 106. Mr. Crugnale said will be a walkway with lights and benches. Mr. Cleary asked if the first floor is all commercial; Mr. Crugnale said it is about 4,000 square feet of retail with storage areas. He said he has spoken with a couple of potential tenants and the space will be divided depending on what tenants go in. Mr. Cleary said he doesn't mind waiving some fees, but there will be a cost to develop the land that the townspeople shouldn't have to pay. Ms. Collins said the plan looks great. She said she looks forward to discussing the fee waiver requests, especially the water/sewer hookups for redevelopments. She said this type of redevelopment is a service to the town because it is such a positive for downtown. Mr. McClanahan said he didn't think the fee waiver request should come before the Planning Board, because it doesn't have the authority to waive fees. Mr. McClanahan said he doesn't have any problems with the site plan. Mr. Flynn said the projects Mr. Crugnale has done have improved downtown, and in these difficult economic times, he should be given some consideration. Mr. DeMassi said this is a fantastic project on a parcel that needs redevelopment. He asked if it would be fenced. Mr. Crugnale said it would be, and people would no longer be able to cut through the property to get to the bridge over Route 106. Mr. DeMassi suggested Mr. Crugnale consider asking to pay the fees over time, rather than seek relief. That way, the town would still get the revenue. Mr. Valanzola said he doesn't think the numbers would work. Motion: To send the Building Inspector a positive recommendation with the draft conditions (McClanahan-Cleary) All in favor. PASSES I 8. Around the Table 19. AdJournm.ent Motion: To adjourn at 10:30 p.m. (McClanahan-) All in favor. PASSES dnesday, November 18, 2009 at 7:00 p.m. JI- Ig-(;C( Date 'of Approval Planning Board 8 10/29/2009