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HomeMy WebLinkAboutplanningbrdmin04142010 ". Planning Board Minutes April 14,2010 \ldl! Present: Tom French, Chair; Beth Ashman-Collins, Clerk; Doug Annino, Don Cleary; Tony Jodice, Olivier Kozlowski Shawn MacDonald and Timothy Verrochi, Alternates Shaun P. Burke, Director of Planning and Development r~ :CE -- Ij _.I , , -:: 1 W 11. Meeting called to order at 7:30 p.m. I 2. Correspondence 1. April 7, 2010 minutes Motion: To approve as submitted (Collins-Cleary) Three in favor. Two abstentions. PASSES 2. April 14, 2010 memo from Fire Chief Neal Boldrighini re: East Mansfield Substation 3. Public hearing notices - Easton, Norton I 3. Around the Table Mr. Cleary told the board Smith & Nephew, 130 Forbes Boulevard, will be holding an information session on April 29 at the Holiday Inn to discuss the company's Special Tax Assessment application, which is on the Annual Town Meeting warrant. He said the break would be on the taxes, instead of on the new construction, which would be the case with a TIF. Mr. Cleary said the company has been in Mansfield for about 25 years. Mr. Burke said a site plan has been filed for additional parking at this site. [Mr. Annino arrived at this time] Mr. Cleary said he would like the board to have a definition of "building envelope" and decide whether stairs are counted in the envelope. Mr. Jodice said some towns include stairs, some do not. Mr. Annino noted the state building code defines the term. [Mr. Kozlowksi arrived at this time] Mr. Jodice asked whether the flood plain maps would be amended following the recent flooding. Mr. Burke explained the recent storms were not considered 100-year storms, so he did not expect any amendments. He said the most serious issue the town had was with the sewer surcharging on Dean Street. Mr, Burke said he will be attending an event next week at the Harvard Graduate School of Design on sustainable infrastructure. He said the intention is to have a process similar to LEED Certification for infrastructure. Mr. Kozlowski said he just came from a meeting of the Mansfield Housing Corporation, which now has enough members to begin meeting. Mr. Annino asked if the whole board should sign the letter to the Town Manager regarding the five percent Planning Department budget cut. The board agreed it should. Planning Board 4/16/2010 1. I 3.. Form.A(ANR) Plans 4. Public Hearing- Citizen$' Petition for AnJlual Town Meeting - Rezoning 0(375, 383,395. West Street -.WiUialllClelllllley Bealnnlng at a point on tlto northerly sideline of WOIt St., iald point being at the lOutbwest ond ~ roundins whore Mass highway (Route (40) and West St. interIeot at the lOUtheaat cornor of. AaeSlOl'l Map 20, parcel 4. Thence running westerly by tho northorIy .ldellne of West Sl for 370 feet more or I... to the point where Assesssors map 20 parcels 191 and 192 property lines meet on West St.; Thence runnlngnortberly 318.42 feet by said property line of Assesso~ Map 20. lot 192 to the,northeast comer lot Puoel20-192: Thence running euterly 432.5 feet by the northerly property line of AuosIOI'I map 20, parcoIs 192 and S, to the IIOI1heut comer point of Aoosson Map 20, parcel S where It jntorlOcll with WOIterIy sideline of Mus highway Rt. 140; Thenoe runnlns southerly by the weslwly sideline ofRt. 140 and tho Easterly property line of Aaessors map 20. paroel S. 196 feet more or leu to a point of IlIlrt of ClUJ'VIturo: Thence running clockwise by the northerly a1c1el~ ofWost St. and the southerly property line of ~ Map 20, parcel S, J 30 foot more or leu to the point ofboslnnlna. Tho parcel ofdand intcDdinS to oneom~ AAeIaorI Map 20 percels 3 4 5 and 192 and containing approximately 2.9 acres. " · . ". ---------------------------------------------- The clerk read the public hearing notice. Mr. French explained the board will be asked to make a recommendation on this zoning article to Annual Town Meeting. William Clemmey distributed a map showing the location of the parcels, at the comer of West Street and route 140, to be rezoned from R2 to 11. The property is across West Street from the Erin's Centre shopping center, and several parcels around the site are owned by Quirk Trust. Mr. Clemmey said they have an opportunity to put in a pharmacy or similar retail use. The building will be 15,000s square feet; the area being rezoned is 2.8 acres. The abutting house lots, owned by Quirk, will remain residential. There is a six-foot berm behind the lots, which will be extended the length of the land behind it; trees, shrubs and a fence will be added to keep this parcel private from the residences behind it. Mr. Clemmey said he has no expectation of putting an industrial use on this property, and has sent the abutters a letter telling them he will not consider putting an industrial use there, only a business use. He said the things that could be there by right include a bank, lodge, funeral home, trade school or craft shop. He said any other uses, including retail, would require a special permit, which would give the Planning Board and the public the opportunity to review the plans. Mr. Clemmey said the benefits would include tax revenue for the town, the change to II would mean the land will increase in value, so the building will be taxed at a higher commercial rate. It would also generate jobs that would employ local people. Mr. Clemmey said this site will have excellent access from West Street and Route 140, and said most people leaving the site will be getting onto Route 140. He said getting into and out of the existing residential driveway is very dangerous. He said this would provide increased privacy for Casa Drive residents because it will add more landscape buffer and a berm, which will also help with the traffic noise and lights. He said the existing residence Quirk owns will stay residential. Planning Board 2 4/16/2010 .,. Mr. Clemmey said the idea is to improve the appearance and the use of the area, and he thinks it would be better for the town to have a business use. He said he understands the concern that Industrial 1 allows a lot of uses; he said realistically, not a lot of those uses would work in this location. He said they do not want to do industrial on this location. He said residents are concerned about encroachment onto the residential uses, but he said they only want to use their property and they will protect the neighbors on all sides. He said there are plenty of locations in town where business abut residential uses. He said the building would be built as far from the existing homes and as close to the roadway as possible. He said they do not want to develop anyone else's land, only their own. Mr. Clemmey showed the board a photo simulation of the site with a building on it. He said it is shown as close to the street and as far from the residences as possible, with additional trees and a berm, similar to what is behind Shaw's. He said the project would likely need a special permit from the Planning Board, and they will do what is necessary to make that process work. Ms. Collins asked about pre- and post-development taxes. Mr. Clemmey said the lots are assessed at about $300,000 each, and the new building could be twice that, and would be taxed at the higher rate. He said he would have that figure at Town Meeting. Public Comment Celeste Jones, 60 South Walnut Street, asked which property is 395 West Street. Mr. Clemmey explained which parcels are involved in the rezoning proposal; he said none of the parcels are behind South Walnut Street. William Regan, 41 Casa Drive, said he has been on Casa Drive since it was built. He said there is a sewer line that supplies Casa Drive and some Walnut Street parcels, which will be built on. Mr. Regan said Mr. Clemmey told him he owns the sewer line, but the former town manager told him the town owns it. Mr. Clemmey explained the sewer line starts on West Street and runs perpendicular to Lot 192; he said the sewer line will be fully accessible if anything is built on this property. He said there is an easement over the sewer line, and nothing will be built on it. Mr. Regan said Mr. Clemmey has indicated this is a dangerous site to get in and out of, and said with the existing traffic, residents have to fight to get in and out of the neighborhood. He said additional businesses would make that situation worse. He said the residents can hear the noise from Erin's Centre, and this use would be closer. He said his biggest concerns are noise and traffic. He said every year, more residential properties are turned into businesses, and that is hurting the residents. He said his neighborhood is already an island surrounded by business uses. Brian Bichardi, 30 Casa Drive, said this rezoning proposal keeps coming up, and the only benefit will be to the Clemmeys. He said the berm behind Erin's Centre is simply a pile of dirt and has not been landscaped. He said there is no legally enforceable obligation for the Clemmeys to build what they say they will tonight; rather, they would be able to build anything that is allowed in the Industrial 1 zone. He said the residents who came to the meeting all have an interest, and they are concerned about there being nothing to require Mr. Clemmey to build retail, especially if the land is sold to another party. He said he is Planning Board 3 4/15/2010 1I concerned what effect this change would have on the land in terms of drainage and flooding. Cindy Bichardi, 30 Casa Drive, said they would never had bought a home there if it were industrial land. She said this is a close-knit neighborhood with a lot of families, and the tax revenues from this won't help the town's situation enough. She said Tree Tech was on the subject property today and she is concerned that out of spite, Mr. Clemmey will have Tree Tech on her property cutting the limbs of her trees that overhang this property. Mr. Clemmey said the water runs into the drainage system across the highway, so he doesn't think flooding will be a problem. He said the purpose of the berm is so the residents don't hear the noise or see the lights as much. He said his horses will not be left there much longer because it isn't safe. He said the existing residential driveway is dangerous because it is so small; if it were retail, it would be a larger driveway. Mrs. Jones said the berm behind her house is up, but there is no fence, and she has been flooded ever since. She said in the latest storms, the water came up to her septic system. She said they are regularly flooded every spring. Richard Gordon, 407 West Street, said the neighborhood is vibrant and they want to leave it that way. He said the 1986 Master Plan recognized this should be a residential neighborhood. He asked the board to consider the whole neighborhood, not just one person. Kevin Foley, 25 Casa Drive, asked the board not to support the article. He said if this goes through, landowners on the other end of West Street will want to do the same thing and encroach further on the neighborhood. Board Comment Mr. Kozlowski asked the frontage of lot 20-192; Mr. French said it appears to be about 100 feet. Mr. K said there is a 75-foot setback for industrial abutting residential. Mr. Kozlowski said he would be concerned about what kind of enforceable legal instrument could be used to ensure a business use. Mr. Clemmey said he would have an attorney work that out. Mr. Verrochi said this comer would still be a dangerous traffic situation for any use. Mr. Clemmey said they will have to go through the special permit process, which would require a traffic study. He said the existing 12-foot driveway is dangerous, but a wider driveway in a different location would be an improvement. Mr. Cleary asked why the proposal was for 11, rather than a Business zone. Mr. Burke said the issue is one of spot zoning, because there would be no relationship of a business zone to other land around this site. Mr. Clemmey said they would consider a business zone that if it were possible. Planning Board 4 4/15/2010 TI Mr. Cleary asked why the berm couldn't be hooked around the back of the other lots. Mr. C1emmey said he had thought of that. Mr. Cleary asked ifthere were restrictions on hours of use at Erin's Centre. Mr. Burke said Shaw's was a use by right; the rest of the site was done under a special permit. Mr. Burke noted there are a number of industrial uses allowed by right in the 11 zone. Mr. Annino said he was opposed to this rezoning the last time this was proposed. He said the mix of industrial or retail would add noise, congestion, traffic and harm property values. He said he is concerned about who has a stake in this residential portion of town, and it doesn't make sense to rezone a parcel across a street. He said allowing industrial zoning to cross the street, it wouldn't be fair to the residential neighborhood. He said he thinks the neighbors have more to lose than the town has to gain. Ms. Collins asked if the town can even consider rezoning one property as a specific use and asked if this would be spot zoning. Mr. Burke said spot zoning is the creation of an island of one zone surrounded by another zone. He said he would be concerned about whether an agreement for a specific use would be possible, which may be contract zoning and which is illegal in Massachusetts. Mr. Jodice asked what could be done by right now in R2. Mr. Clemmey said residential uses and home occupations are allowed by right. Mr. Jodice said he would like to see something happen on this land that would benefit everyone. He asked what that area was like before Route 140 went through. Mr. French said there were houses there. Mr. Karl Clemmey said Route 140 was built in the early 1980s and Casa Drive was built in 1974. He said Route 140 was planned when Casa Drive was being built, and those lots never perced. He said the sewer line goes through Clemmey property, and without it Casa Drive wouldn't have been built; he said the sewer easement is recorded at the registry, and it cannot be built on. Mr. Clemmey said the berm they would build on this site would be what the Planning Board requires. He said there are many business uses that abut residential uses in town. He said this property has sewer, water and gas on it. He said he has been in Mansfield his whole life and has done other projects with the board. He said he is willing to sign a paper that if the residents don't like it, they won't build it. Mr. Clemmey said the mechanical equipment will be blocked and the berm will be built the way the board requires. He said Tree Tech was on his property to cut trees on his property. Mr. Clemmey said he lives on South Main Street, next to the soccer bubble, which ran children's sports late at night, and he never complained. Mr. Clemmey said Erin's Centre contributes a lot of money to the town, and the development of this parcel would be a benefit. He said the driveway would be relocated, Planning Board 5 4/15/2010 1W and if they cannot meet the requirements of the Planning Board, they won't be able to build it. Mr. Clemmey said he gives back to the community more than anyone in the room without asking for anything back. Mr. Clemmey said he takes care of every property he owns. He said the white fence is coming down and the buildings are coming down. He said his farm on Essex Street is a benefit to the community. He said he is not going to build houses on this site, and he is giving the neighbors an opportunity to make suggestions. He said the Planning Board should have made some suggestions before this. Mr. Jodice asked what was there before Route 140 went through. Mr. Clemmey said there were houses on West Street, and about nine were removed. Mr. Jodice said that corner is an awful traffic spot now. Mr. Clemmey said the existing driveway is very small; that would be widened 50-60 feet. He said traffic coming out of Erin's Centre has to take a right. Mr. Gordon said putting more business in a residential neighborhood will increase traffic. Mr. Jodice said the construction of the industrial park must have displaced a lot of residences. Mr. Clemmey said it did. Mr. Clemmey said they just cleaned out one ofthe pipes that drain West Street and Casa Drive. Mr. Jodice asked about the letter to the abutters, which said the land is no longer feasible for residences or the horses. Mr. Bill Clemmey said he has been renting out those houses for 10 years, and it is difficult to find people to live there. Mr. Jodice said it was residential when Mr. Clemmey bought it, so it seems that he created his own hardship, especially after the construction of Erin's Centre. Mr. Clemmey said the problem began when Route 140 went through. Mr. Burke said over the years, there have been a number of zoning change requests from a number of applicants, including one who bought a house across from a business zone. He said when that went to public hearing, the abutters said the proponent bought adjacent to a business zone, but that the existing residents did not. He said he is concerned this type of zoning could be the beginning of "zone creep." He said the 1986 Master Plan had proposed 1 O-acre zoning for business uses, which was unsuccessful. He said he thinks the biggest impact is a human one, not a dollar one. He said while there may be dimunition or appreciation of abutting properties, there is a clearly quality of life issue. He said he thinks it is unfair to do something like this piece by piece. He said he did not recommend the board support the zoning change. He said despite how enticing one proposal may be, changing the zoning would not be specifically to allow that one proposal; this would change the zoning and open it up to any use allowed in that zone. Planning Board 6 4/15/2010 1I Mr. French asked what the required buffer would be between residential and industrial; Mr. Karl Clemmey said it would be 75 feet from the residential lot line and from Route 140. Mr. French asked about parking; Mr. Karl Clemmey said a parking lot could not be within 75 feet of the lot line. Mr. Bill Clemmey said there would be about 150 feet from the back to the proposed building to the back lot line. Tony Troylo, 48 Casa Drive, said the neighborhood is happy as it is and doesn't want any changes. He said he thinks there is too much of a down side with this proposal. Mr. Karl Clemmey said the 1986 Master Plan was a long time ago, and the town needs some planning. He said they own a lot of land in Mansfield, and they wi111eave the land idle until there is a Planning Board and a planner who will make some suggestions about what to do with it. Mr. Clemmey suggested the neighbors get together and convince the town to buy the land. Mr. Bill Clemmey thanked the board and the residents for their time. He said he knows a lot of people in development, and noone drives by this comer and says it is a great place for residential uses. He said everyone knows the comer should be retail development. Stan Feck, 494 Steams Avenue, said there is a problem with properties like this around town, and suggested it might be time to look at a way to come up with a solution. Mr. French explained the board would be making a recommendation to town meeting. He urged everyone to go to Town Meeting to vote. Motion: To close the public hearing (Annino-Cleary) All in favor. PASSES Mr. Kozloswski asked if retail is a special permit use in n. Mr. Burke said it is. 5. Public Hearing - Plauning Board Article for Annual Town Meeting - North Main Street Business Overlay District 2.0 Districts; 2.1 Classes - by adding a new district titled "North Main Street Business Overlay District" And to amend paragraph 2.2, Boundaries, by adding a new paragraph 2.2.6 to read as follows: "The North Main Street Business Overlay District is that area so designated on a map titled "North Main Street Business Overlay District" dated February 25,2010 at a scale of 1"=500'. And to establish a new section of the Mansfield Zoning By-Law titled "5.10.11 - North Main Street Business Overlay District," as follows: 5.10.11 North Main Street Business Overlay District 5.10.12 The purpose and intent of this overlay district is to supplement the existing zoning by-law standards in portions of the Business 1 and Business 2 zoning districts with architectural design and performance standards in order to protect property values, stabilize and improve downtown, to increase economic and financial benefits to the North Main Street business corridor, to encourage new development in appropriate locations and densities, to encourage higher density mixed-use development and reuse of existing structures while maintaining or improving the existing streetscape, density, massing and design features that exist throughout downtown. Planning Board 7 4/15/2010 ,.- To promote pedestrian activity through the creation of outdoor dining areas, public or private gathering places, courtyards or open space. To provide a means for development incentives to property owners to encourage the provision of community benefits such as enhanced streetscapes, increased public spaces or other physical, social or cultural amenities that will promote a vibrant downtown district with a mix of business and residential uses in a pedestrian-friendly environment. 5.10.13 The location and limits of the North Main Street Business Overlay District are shown on a map titled "North Main Street Business Overlay District" dated February 25,2010 at a scale of 1"=500' and included in this by-law by reference. 5.10.14 Unless otherwise noted, buildings and signage located within the North Main Street Business District shall comply with the standards or guidelines established in the Downtown Design Standards, Mansfield, Ma. 5.10.15 No building or addition to an existing building constructed within the North Main Street Business Overlay district shall be designed with or modeled after franchise or formula-based architecture. This design standard shall not be construed to prohibit the use of franchise trademarks, symbols or signage, provided that they conform to the dimensional requirements of the underlying zone. 5.10.16 Specifically excluded from this by-law are the removal/demolition of a declared public nuisance (eg. fire damaged buildings) that pose a threat to the health and safety of the general public; temporary repair needed to prevent structural deterioration following a natural disaster; and normal and ongoing building maintenance. In a case where a property owner reconstructs a building that has been deemed a public nuisance or performs normal and ongoing maintenance that results in substantial conformance/compliance with the intent of Mansfield's Design Standards, that structure may be eligible for participation in the density bonus provisions of this by-law, in whole or in part. Reconstruction, renovation or building maintenance that brings the structure into compliance with the downtown design guidelines or provides other public benefits as defined herein may also qualify for district incentives. 5.10.17 Design Conformance Incentives. Whenever possible, this section of the Mansfield Zoning By- Law will seek to provide incentives through increases in density, alternate parking requirements or a combination of both to encourage conformance to these architectural design standards. These incentives shall apply to mixed-use residential/commercial developments, or developments that contain business/commercial uses only. Specifically excluded from the density bonus provisions of this by-law are developments that contain only residential uses. The zoning incentives provided for in this overlay district may only be granted with the community benefits or amenities afforded that would not otherwise be required in the underlying zone performance standards. 5.10.18 In addition to conformance to the Downtown Design Standards, a project may receive additional zoning incentives for the provision ofthe following community benefits or amenities: A. Streetscape Incentives Lighting fixtures Street Planters Litter Receptacles Bike Racks Street Trees Color/Texture/Brick Sidewalks Planning Board 8 4/15/2010 ,. Well-Marked Crosswalks Street Furniture A project would have to include at least four of the above for a density bonus. B. Public Space Incentives Wide sidewalks (10 feet plus) Outdoor Dining/Seating Area Courtyards Support/funding for public events held offsite but in downtown (eg: farmers' market, art show, family nights, etc.) Provision for display of public art Support/create a public events plan Minimum percentage of site for public use space, open space to be visually inviting and physically accessible A project would have to include at least two of the above for a density bonus. C. Green Design Incentives LEED Certified (or similar Green Communities Criteria) Silver Certified Gold Certified Platinum Certified In general, site planning and architectural design shall be used to reduce heating and cooling demands, provide more comfortable indoor and outdoor living spaces and avoid blocking or reflecting sunlight on adjacent public spaces or other buildings. Residential Green Building Incentives (or similar Green Communities Criteria) Additional FAR Mixed Office/ Retail .10 .15 .20 .25 .05 .10 .15 .20 Mixed CommerciaVResidentia1 .15 .20 .25 .35 LEED Level Certified Silver Gold Platinum Density Incentives Design Standards 25% Streetscape 25% Public Spaces 25% LEED Certification or LEED Silver Certification 25% (or similar Green Communities Criteria) LEED Gold or Platinum Certification 50% (or similar Green Communities Criteria) (Need at least 75% to get density bonus) D. Downtown Overlay Incentives B2 Residential Mixed Office/ Retail Mixed Comm/ Residential Bl Residential Mixed Off! Mixed Comm! Retail Residential Public Benefit Design Standards .10 .15 .20 .10 .15 .20 Streetscape .10 .15 .25 .10 .20 .25 Public Space .10 .15 .30 .10 .25 .30 Planning Board 9 4/15/2010 TI 5.10.19 When a project within the North Main Street Business Overlay District qualifies for a density bonus, parking may be provided for utilizing some or all of the following options (In all cases, handicapped parking space dimension must conform with the Americans With Disabilities Act (ADA) or the Rules and Regulations of the Massachusetts Architectural Barriers Board): A. Projects may design parking areas with one hundred percent (100%) of the provided spaces conforming to the subcompact parking guidelines contained in paragraph 4.4.4.6, Parking Spaces, of the Zoning By-Law. In addition, parking aisle width may be reduced to twenty two feet (22'). --AND/OR-- B. Projects that qualify for the preceding density bonus provision may provide parking in conformance with the following standards: Parking Angle Parking Stall Travel Lane Travel Width One-Way Two-Way Parallel 8 feet 12 feet 22 feet 60 degrees 17.5 feet 14 feet 22 feet 90 degrees 17 feet 19 feet 22 feet --AND/OR-- C. Parking may be located off-site, on other property located within the North Main Street Business Overlay District, within 500 feet of the primary building. This 500 feet shall be measured along a public way. Such off-site parking shall be in possession, by fee, deed or lease, of the owners of the use served. --AND/OR-- D. On-street parking spaces that are wholly within the frontage of a project may be counted toward the project's parking requirements. --AND/OR-- E. Mixed-use projects that qualify for the preceding density bonus provisions may provide structured parking sub-grade or on a portion of the first floor. For the purposes of this overlay district, structured parking must be accessed from the rear of the structure. In addition, business or professional uses allowed in the underlying zone shall occupy the entire length of the frontage of the building abutting a public way, and for an interior depth of 50% of the depth of the building. Structured parking at or below grade shall not be counted in the Floor Area Ratio (FAR) calculation for the building. Structured parking may only be permitted within the primary mixed-use building. The clerk read the public hearing notice. Mr. French explained the Planning Board will be asked to make a recommendation to Town Meeting. Planning Board 10 4/15/2010 11 Mr. Burke explained the proposal for a North Main Street Overlay District, which will be an addition to the underlying zoning. The intent is to focus on the economic viability of downtown and provide an incentive for development and redevelopment downtown. Mr. Burke showed the board a map showing the limits of the overlay district, which is the traditional North Main Street business district. The overlay district is intended to create incentives through density bonuses to make it more economically viable to develop or redevelop downtown parcels. Mr. Burke explained the major changes proposed in the by-law, including: *to allow the use of sub-compact parking spaces; *the ability to count off-site parking up to 500 feet away from the site; *the ability to count spaces that lie within the building's frontage (without exclusive use rights or the ability to use them for overnight parking); *the ability to do sub-surface parking under the building, or on-grade parking under the building for the width of the building, provided the front of the building is commercial; *structured parking at or below grade wouldn't count toward floor area ratio. Public Comment Stan Feck, 494 Stearns Avenue, said it would be hard to meet the streetscape incentives on North Main Street because there is so little space in front of buildings. Mr. Burke said the board recognized that not every site could accommodate all of the things in the by- law. He said sidewalk width downtown varies, which is why there are so many options in the by-law. Mr. Feck asked if the board has spoken with the Board of Selectmen about a break in fees for downtown development. Mr. French said the board met with the Board of Selectmen, and the DPW Director is gathering information on flows from the newer downtown developments. Mr. Feck suggested the on-street parking bonus could be by right for business uses. He said after the Master Plan studied the downtown parking situation, the board found the parking situation isn't as bad as previously thought. He said every little bit would help developers with downtown projects. Mr. Burke said the by-law would allow developers to count the spaces in front of their building. Mr. Burke said the board understands this by-law won't work on all sites. He noted the mixed use by-law was adopted in 1989, and it was a number of years before anything was done under that by-law. He said this may be a similar situation; it may not be used right away, but it will be available when the market is right. Mr. Cleary asked if the on-street parking could be used only for the business uses. Mr. Burke said it would only apply to mixed use developments, and would not apply to a strictly residential use. Planning Board 11 4/15/2010 1. Mr. Burke noted that most of the parcels downtown are so small, it would be unlikely any site would be able to hit all of the things in the by-law. Mr. Jodice said there are enough options in the by-law, that even smaller sites may be able to do some things. Mr. Jodice said if the town had a parking garage, it could rent parking spaces to business owners and generate some revenue. Mr. Burke said that is often done on TOD sites, but the sites are usually large. Mr. Kozlowski said paragraph 5.10.14 makes it sound like this by-law would require all buildings in the overlay district to meet the standards, which was not the intention. He said he was concerned that the Planning Board having the ability to change the Downtown Design Standards under this by-law could be interpreted as the board having the ability to change zoning. Mr. French said he thought the board's intention was that this be an incentive, not a requirement. Mr. Annino noted the by-law says that if a development meets the design standards, it could get the incentives. Mr. Cleary asked if the whole paragraph 5.10.14 could be deleted to clarify the confusion. Mr. Annino said that would be easier at Town Meeting than adding to the by-law. Mr. Burke agreed. Mr. Karl Clemmey said he likes the by-law and plans to vote for it, but it should have been expanded to include the train station. Mr. French said there have to be access improvements made before including the train station area. Mr. Clemmey said there are a lot of things that would be allowed by right over there, like 300 apartments. Motion: To close the public hearing (AMino-Jodice) All in favor. PASSES 1<6..PublicCOltttnen{ ,. 7.... Aroulld the Table Motion: To adjourn at 10:00p.m. (Jodice- ) All in favor. PASSES Next meeting: Wednesday, April 28, 2010 at 7:30 p.m. lkH).,L GJJ -~ - ~,,\ 'Zl)\ 20\0 Date of pproval Signature of Clerk Planning Board 12 4/15/2010 ,..