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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
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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.
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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
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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.
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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.
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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.
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Signature of Clerk - Date of APp~al
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