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HomeMy WebLinkAboutplanningbrdmin04282010 Planning Board Minutes April 28, 2010 'C Present: Tom French, Chair; Beth Ashman-Collins, Clerk; Doug Annino,..,Mid~a~1 Meeldllahan, Don Cleary, Olivier Kozlowski , -, r, ~ r ':1 Timothy Verrochi, Alternate Shaun P. Burke, Director of Planning and Development Planning Board/Board of Selectmen Discussion re: Article 46, Annual Town Meeting Warrant See the April 28, 2010 Board of Selectmen's meeting minutes. 11. Meeting called to order at 7:30 p.m. I 2. Form A (ANR) Plans 3. Municipal Clearinghouse/Site Plan Review continued - Walsh Well Water Treatment Facility Upgrades - Kurt Gaffney Mr. Gaffney introduced Bob Chappell, Woodard & Curran. Mr. Gaffney explained he has met with the neighbors, and he believes their concerns have been satisfied. The fencing has been changed to black vinyl, and Mr. Gaffney told the neighbors he will do his best to address any post-construction concerns. Mr. Burke said there is a concern about adding additional landscaping if open sightlines are identified after construction. Mr. Gaffney said they would add landscaping as necessary. Mr. Annino suggested the building be made to look like a barn with a cupola on top and a faux "barn door" at the end of the building. Mr. Kozlowski asked about the emergency spillway; Mr. Chappell said the site pitches downhill, and there is additional town-owned property next to it. Mr. Burke suggested sending positive recommendations on the site plan and municipal clearinghouse applications. Motion: To send the Building Inspector a positive recommendation on the site plan application and the Board of Selectmen as Water Commissioners a positive recommendation on the municipal clearinghouse application with conditions: 1. All department head comments must be fully and satisfactorily addressed; 2. As proposed by the applicant, the fence area should be reduced and the fence material should be black vinyl; 3. A cupola should be added to the top of the water treatment building; 2. A "barn door" fayade should be added to the side of the water treatment building facing Gilbert Street; 3. Additional landscaping should be added along Gilbert Street, if necessary, to fill in open sightlines. (Kozlowski-Annino) All in favor. PASSES Planning Board 4/29/2010 1I I 4. Discussion with Lou Masiello, WS Development re: Mansfield Crossing Surety Mr. Masiello explained the original Mansfield Crossing special permit required the applicant to post a $200,000 bond and to do a follow-up traffic study two years after 80% occupancy. He said they reached 80% in March 2008 and did the traffic study in March 2010. The bond was to be held by the town until certain conditions were met, at which point the money would either be returned or used to fund other traffic improvements. Mr. Masiello said he believes they have met the conditions and the surety should be returned. He said the board has the ability to engage an independent traffic engineer to check their methodology and assumptions; the developer would pay up to $5,000 for that service. He said he doesn't believe that is necessary, but he understands it is an option. Ron Mueller, who did the traffic engineering for the original plan, explained the follow- up study. He said 80% occupancy was achieved March 8, 2010, and the study was done two years after that, March 8, 2010. Mr. Mueller explained the three conditions in the special permit were that: 1) the center generates traffic substantially in conformance with what they estimated; 2) the distribution of traffic is reasonably consistent with what was assumed; and 3) the four intersections operate substantially consistently with what was assumed. Mr. Mueller said he used conservative numbers, with March being a slightly below- average traffic month as well as a below-average month for shopping center traffic. Mr. Mueller said the project is at 86% occupancy right now, so he reduced the approved numbers accordingly to provide a valid comparison. That comparison shows the center currently generates no more than 4% higher than what was approved during weekday conditions. The distribution is 2-4% higher to the west than what was originally assumed. All intersections operate consistently with what was approved, at acceptable levels. The mall entrance went down from a B to a C service; he said that is because of the additional retail development across the street, which was done after their project. He said the numbers are consistent with what they originally estimated. Mr. Annino asked how the economy is affecting the traffic. Mr. Mueller said it may be affecting the traffic, but he said the actual numbers are very close to the projected numbers. He said Saturday traffic is about 2% lower than estimated, and weekday traffic is about 17% lower. Mr. Masiello said traffic at Mansfield Marketplace, the center across the street, is effecting levels of service, but the original Mansfield Crossing traffic study did not include those vehicles. Mr. French said the Mansfield Marketplace plan had not been filed when Mansfield Crossing did its traffic study, and WS was not required to build in capacity for future development. Mr. Masiello noted their original traffic study was for a larger center than they eventually built, but their proposed mitigation and improvement plan was not reduced accordingly. Planning Board 2 4/29/2010 r. Mr. Cleary asked about Linens & Things closing. Mr. Masiello said that did not put occupancy below 80%. He said they are re-tenanting the Linens & Things space with a clothing store and a high-end wine store. There are two structures that have not been constructed, a 6,000 square foot space and a 3,300 square foot space. Mr. Masiello said Starbucks has approached them with a renewed interest in the 3,300 square foot space. Mr. French said there were a lot of traffic problems in front of the center about a year ago, but the timing on the lights has been changed and that situation has improved. Mr. Burke said he has read through the report and is satisfied the study is substantially consistent with the projections from the time the surety was posted. He said he doesn't think the board has to hire an independent traffic consultant to verify the numbers. Motion: To release the remaining funds in the Mansfield Crossing surety account and not to require an independent traffic report (Annino-Kozlowski) All in favor. PASSES Mr. Masiello said they have been able to re-lease the Linens & Things spaces in their centers around the area. He said activity to fill empty spaces is beginning to pick up, but he hasn't seen much new construction. Ms. Collins asked about people having trouble finding the center. Mr. Masiello said there are some problems with that; he said the signage program has not worked out the way they had hoped. The sign on Route 495 is almost completely obscured by vegetation on state property, which Mass Highway denied them permission to clear. Mr. Masiello said one of their signs was installed where the Route 140 driveway was supposed to be; when Mass Highway denied that driveway, the sign was moved to behind Kohl's. Mr. French said the Chamber of Commerce building renovation came out very well. Mr. Masiello said the Chamber has been frustrated about their visibility, as well. 5. Special Permit Public Hearing continued - 905 South Main Street - Commercial Parking Lot - William Richard The clerk read a request from the applicant's attorney to continue the public hearing to June 23, 2010. Motion: To continue the public hearing to June 23,2010 at 8:00 p.m. (Kozlowski-Annino) All in favor. PASSES 7. Discussion of Annual Town Meeting Warrant Articles Article 46 - North Main Street Business Overlay District - Planning Board Mr. French said the Board of Selectmen have voted to support this article. At is April 14 meeting, the board had discussed deleting paragraph 5.10.14 from the by- law; however, no vote was taken at that meeting. Motion: To delete paragraph 5.10.14 (Collins-Kozlowski) All in favor. PASSES Planning Board 3 4/29/2010 1. Mr. French said paragraph 5.1 0.19b says 100% of parking spaces can be compact, and the next paragraph describes the dimensions. He said he was concerned about having all the parking spaces as compact spaces, and he wasn't sure a developer would gain any spaces on a smaller downtown lot. Ms. Collins noted that is only one parking option in the by-law. Mr. Burke said he would not encourage additional amendments at this point. Consensus of the board was to leave that in. Motion: To send a positive recommendation to Town Meeting on Article 46 (Collins-Annino) All in favor. PASSES Article 48 - Citizens' Petition to rezoning Assessor's Map 20, Parcel 3 (383 West Street), Assessor's Map 20, Parcels 4 and 5 (375 West Street), and Assessor's Map 20, Parcel 192 (395 West Street) from Residential 2 to Industrial 1 Mr. French said at the public hearing the applicant told the board one lot would be left residential as a buffer and that the rezoning of these properties would be a financial benefit to the town. Mr. Annino said this would adversely affect the neighborhood. Mr. Cleary said he understands the neighbors' concerns, but said long-term, that corner will probably not remain residential. Mr. Annino said the board has to consider the impact on the neighbors now, and the board should also be concerned about the zone line crossing the road and opening the neighborhood up for further development. Ms. Collins said there should be a high standard for zoning changes outside of the Master Plan; she said the board heard strong, united opposition to the zoning change from the neighbors. Mr. Kozlowski said he was concerned about this being spot zoning or contract zoning, and whether any agreement for a specific use, which was discussed at the public hearing, would be enforceable. Mr. French said if the parcels proposed for rezoning are rezoned, they would be open to any allowed use. He said the Planning Board would have discretion through the special permit process on a retail use; Ms. Collins said the board would not have that discretion with all uses allowed in the Industrial 1 zone. Mr. Burke said this would be zone creep and did not encourage the board to support the article. Mr. Kozlowski asked what if the proposal was not for just these lots, but for the whole area between Route 140 and Route 106. Mr. French said he accepts the applicant's position that it may not be the best location for a residential use. Ms. Collins said she doesn't think it is true that residential uses don't work on Route 140, because a new apartment complex was recently built at the corner of Route 140 and Chauncy Street. Motion: To send a negative recommendation on Article 48 to Town Meeting because it is zone creep across the street from a residential district, would adversely affect the residential neighborhood, and is not in the best interest of the town. (Annino-Kozlowski) Five in favor. One opposed. PASSES Article 39 - Gilbert Street land - to transfer the parcels from town ownership to Conservation Commission ownership Mr. Burke said it is much more difficult to take land out of Conservation Commission ownership than out of town ownership. Mr. Burke said this move would make it easier to protect the land from a South Coast Rail extension. Mr. Kozlowski said the NR T is in favor of this. He asked if it would require a 2/3 vote of the House to take the land out of protected status and allow the rail line to go through; Mr. Burke said it would. Planning Board 4 4/29/2010 . 11' Andy Gazzolo, finance committee, said he was concerned about some other articles proposing to take land for passive recreation purposes. Mr. Burke said Article 39 is the South Coast Rail related issue. Ms. Collins asked if the transfer of this land would impact improvements to the existing rail line. Mr. Burke said it would not. He said South Coast Rail would involve a new spur at Gilbert Street across this land. Mr. French said if the state takes the land, the town won't have any choice. Mr. Burke said with the land in Conservation Commission ownership, it would be more difficult for the land to be taken out of protected status, and the town would have a stronger case. Ms. Collins asked if the town wants this land to be passive recreation. Mr. Burke said there is no access, so residents aren't able to use it and there is no tax revenue generated. Motion: To send a positive recommendation on Article 39 to Town Meeting (Annino-Kozlowski) All in favor. PASSES Article 14 - Smith & Nephew Special Tax Assessment Mr. Cleary said Smith & Nephew is applying for a 13-year ST A. Mr. Gazzolo said the nF committee voted to support the ST A. Mr. Cleary said the company's lease is up in 2011, and they are getting offers from other towns, so the ST A would give them a reason to stay in Mansfield. Mr. Gazzolo said the company would get approximately $120,000 in the first year, and the town's budget has already been cut by that amount. Ms. Collins asked if the company pays above average wages. Mr. Burke said they have a variety of positions, from packaging to high-end engineers. Mr. Gazzolo said they do training on their equipment for doctors, who use local hotels and restaurants. Mr. French said he thinks this is the type of business we want in the park; a medical/biotechnology facility rather than a warehouse use. Mr. Burke noted the company has added so many employees they have run out of parking spaces, and they will be coming to the Planning Board in May for a parking lot expansion. Mr. Gazzolo said the Finance Committee voted to support this article. Motion: To send a positive recommendation on Article 14 to Town Meeting (Annino-Cleary) All in favor. PASSES I 6. Correspondence 1. April 14, 20 I 0 minutes Motion: To approve as submitted (Annino-Verrochi) All in favor. PASSES 2. Public Hearing notices: Sharon, Norton I 7. Around the Table Mr. Annino asked about the mail order wine store the board permitted a few years ago on Oakland Street. Mr. Burke said that application was denied by the Board of Selectmen. Planning Board 5 4/29/2010 1I Mr. French told the board about the conference he attended at the Harvard Graduate School of Design. He said the organizers will be publishing a book about a system for infrastructure, similar to LEED certification for building. He said Cambridge has installed a bike path and a lot of interesting traffic calming measures. Mr. Annino asked about a complaint from Covidien. Mr. Burke said he was told they felt their site plan review was more difficult than it should have been. Mr. French noted that plan was approved in one night after the board made some suggestions to improve it. Mr. Burke reminded the board Annual Town Meeting is Tuesday, May 4. Mr. French asked if there is any money for capital projects. Mr. Burke said he hoped to find that out tomorrow, after the state numbers come out. He said the Capital Improvements Committee has voted to support the enterprise account requests, and will vote the remaining items prior to Town Meeting. I 8. Public Comment Karl Clemmey said there are a number of sites around town that have been rezoned from residential to industrial or business and there are some B3 sites in East and West Mansfield. Mr. Clemmey said the Planning Board shouldn't support TIFs because the town is losing too much money on them. Mr. Clemmey said the Village at Willow Crossing wants to expand. Mr. Clemmey said the board has to take a serious look at zoning and should stop worrying about downtown. He said he wants to tear down his downtown buildings. He said we haven't done a Master Plan in 25 years. He said it is time to hire a team. He said he was there before Casa Drive was there and he didn't build Route 140. Richard Gordon said spot zoning would never work because the neighborhood would never go along with it, unless the rezoning was for the whole area. He said the residents want to live in peace and quiet, and they will continue to fight rezoning proposals. William Clemmey said the outlying B3 zones are islands, and shouldn't have allow the same uses as the B3 areas along Copeland Drive and Chauncy Street. He suggested leaving the outlying B3 parcels, but changing the uses for the Copeland Drive/Chauncy Street corridor. Mr. Kozlowski asked what that would involve. Mr. Burke said B3 is Highway Business, and he said a change would require a new zoning district. Mr. William Clemmey suggested asking for funds from the train station enterprise account for train station area projects. Mr. Karl Clemmey said the MBT A has purchased the CSX crossing. I 9. Adjournment Motion: To adjourn at 9:30 p.m. (Collins- ) All in favor. PASSES U.t ~ ~'MaYI2.2010at7:30P.m. fJ1 /;<. I 201 () Signature of Clerk - Date of APp~al Planning Board 6 4/2912010 1I ..,-'...<_.."...._-~~~.~..,."~,..,.,_.,-_...'-,...,---_..__._--