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HomeMy WebLinkAboutplanningbrdmin10192011 Planning Board Minutes RECEIVED October 19, 2011 TOWN CLEm<S OFFICE Present: Beth Ashman-Collins, Clerk; Don Cleary, Anthony Jodice, Shawn MacDonald, Alternate Ralph Penney 2f1H NOV -1 A q: ~ b Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:00 p.m. Motion: To appoint Ms. Collins Acting Chair and Mr. Cleary Acting Clerk (Jodice-MacDonald) All in favor. PASSES 1"lANSFIELD . I 2. Correspondence 1. Form J Release from Covenant - Stanley Estates Motion: To acknowledge the receipt of the surety in the amount of$113,136.64 and to sign the Form J Release (Jodice-MacDonald) Four in favor. Penney abstained. PASSES I 3. Form A (ANR) Plans 4. Discussion with Dr. Joh Dr. Mullin explained the four goals of the Strategic Plan and the indicators he uses to compare Mansfield to other towns. Industrial Dr. Mullin said one of his biggest findings is that Covidien, which leases its buildings, has 18 months left on its leases and is having some issues with the building owner. He said helping them solve their issues is in the best interest of the town. He said the Planning Board should look at stimulating increased density in the industrial park. He said the FAR and parking regulations make it difficult to go as high as the Zoning By-Law allows. He said he understands concerns about impacts of increased industrial development on the community. Downtown He said downtown no longer functions as a retail center and probably will not again, but will likely become more of a center for specialized services. He said 30% of the buildings downtown do not meet the building code. He said the middle common, which is in the center of downtown, needs attention. He said churches are beginning to close all over the country, and when they are sold, they tend to lose value. He suggested it would be important for the town to have an economic development authority to finance the purchase of buildings, such as closed churches, then sell them to others who will rehab them. Planning Board 1 10/20/2011 .. Transit Oriented Development Dr. Mullin said the Providence line has the highest ridership in southeastern Massachusetts and 14% of the people who use the train in Mansfield walk to the station, which is very high. He said it will take some work with Foxboro to make TOD work. Dr. Mullin said people do not want to raise taxes unless absolutely necessary, and he has developed a list of potential actions that could avoid that, including zoning changes, TOD, getting projects on the TIP and getting get involved with CSX regarding rail crossing improvements. Dr. Mullin suggested thinking about why North Main Street is B 1 on one side and B2 on the other, and it may be worth making it consistent on both sides. He said the town should be on the CED, which is the way to get EDA funding. That fund helps with infrastructure improvements, technical assistance funds and emergencies such as when large employers close. Infrastructure Dr. Mullin said Mansfield has done a great job with investments in water, sewer and fiber optics. He said it may be time to look at a public safety complex and at public safety staffing. Schools Dr. Mullin said the capital needs of the schools have been well articulated, and they are relatively small items for the next five years or so. There are some large class sizes and concerns with some programmatic issues. Next Steps Dr. Mullin said he has developed a set of indicators to compare towns with one another. During his meetings with staff and boards, a number of towns were suggested to which Mansfield should be compared, including Hopkinton, Westwood, Reading, North Reading, Medfield, Holliston and Winchester. The Executive Committee will select four others, and Dr. Mullin asked the Planning Board for suggestions. Mr. Cleary asked if the PBD should be changed. Dr. Mullin said he doesn't want to change the character of the zoning, so suggested an overlay may be useful. Ms. Collins asked if the Business Overlay District is intended for downtown or the industrial park. Dr. Mullin said he intended that for downtown, which would put more responsibility on businesses for things like funding improvement and marketing. Dr. Mullin said he will come up with a list of grants for which Mansfield may be eligible. Mr. Jodice asked Dr. Mullin's opinion about Route 140 between Stop and Shop and School Street. Dr. Mullin said he has not been in favor of retail in industrial areas. Mr. Planning Board 2 10/20/2011 - Jodice said the board has been concerned about protecting residents on the edges of industrial areas. Dr. Mullin said Copeland Drive from the train station to Route 140 has come up in every meeting he has had in Mansfield. He said any work there has to get on the TIP, and that work has to begin because TIP projects take so long. Mr. Penney asked how Mansfield's tax rate compares with the rest of the state. Dr. Mullin said the residential rate is pretty average. Dr. Mullin said downtown has an odd mix of uses, from tattoo parlors to nice restaurants. Mr. Penney asked what makes a nice downtown. Dr. Mullin said current thought is to plan for "meds and eds," as well as for "multiple publics" who will use downtown at different times of the day. He said the most important thing for a vibrant downtown is to bring middle class residential units. Mr. Penney asked if the uses in the industrial park are changing from warehousing. Dr. Mullin said he thinks they are. He said he thinks Mansfield's location, with Routes 95 and 495, the train line and several entertainment and retail options will attract employees to both live and work here, as well as to work here and live elsewhere. Ms. Collins asked if Mansfield's parking regulations are excessive. Dr. Mullin said the parking requirements make it difficult to build higher. Dr. Mullin said the next step is to put together a citizens' group to use as sounding boards in terms of priorities to determine what the town should focus on for the next five years. 2. Minutes September 14,2011 Motion: To approve as submitted (MacDonald- Arthur O'Neill, Ware Street, asked the board to reconsider its vote on Dolan Estates. He said he believes the neighbors will be hurt by the water problems and the development will harm property values. He asked the board to consider the well- being of the existing residents. Cleary) Three in favor. Two abstentions. PASSES Ms. Collins asked Mr. Burke to comment on the status of Dolan Estates and the possibility of reconsideration. Mr. Burke said procedurally, the board can only reconsider a vote at the very next meeting. He explained that someone who voted in favor of the motion that passed has to make the motion to reconsider; if that doesn't happen, it cannot go any further. Reconsideration alone does not mean the decision has changed, it simply means the board is going to reconsider its vote. A super- majority would be needed to reconsider the vote. Mr. Burke said there are only three members present tonight who voted on the special permit, so even if a motion to reconsider was made and it passed, he does not believe the vote can be reconsidered Planning Board 3 10/20/2011 - because of super-majority of the board is not present. Ms. Collins asked if the vote to reconsider could be taken and the actual reconsideration done at a later meeting. Mr. Burke said typically, typically, a motion to reconsider is followed immediately by the actual vote. However, in this case, there wouldn't be enough members who voted on the original special permit to actually reconsider the vote. He noted the reconsideration can only be done at the next meeting after the vote. Mr. Jodice said this was a very difficult decision, but to reconsider, he would have to hear new information that was not brought up during the public hearing. Mr. MacDonald asked about the status of the Conservation Commission hearing; Mr. Burke said they issued the Order of Conditions at their meeting on October 17. Mr. Cleary said he agrees this was a very difficult decision, but he feels the applicant did everything the board asked of him. He said he did not see a reason to deny the application during the public hearing. Mr. O'Neill said the Conservation Commission has not received plans for the bridge. He said he has a lot of experience with heavy vehicles and does not understand how the Fire Department could say two emergency vehicles would be able to pass each other on a nine-foot road. He said that will be especially difficult in the winter. Mr. O'Neill said the development will make the existing water problem worse, both during and post-development. He said at the very least, the culvert under Ware Street needs to be replaced with a larger culvert. Mr. Jodice asked ifthe board can wait to reconsider until the other members are present. Mr. Burke said the statute requires it be done at the next meeting. 5. Scenic Road Public Hearing -151 Stearns Avenue, 1158 West Street, 396 Willow Street, 25 Otis Street - Town of Mansfield The clerk read the public hearing notice. Lee Azinheira, DPW Director, said the trees that were removed under the scenic road public hearing last fall, as well as any that are approved tonight, will be replaced in the next few weeks. 151 Stearns Avenue (1 tree). Mr. Azinheira explained this is being done at the request of the property owner. He said he is concerned about the tree surviving another serious storm because of the condition of the trunk of the tree. Mr. Cook said he and Mr. Burke have discussed using a hybrid elm or another type of street tree for the replacement trees. Mr. Azinheira said hybrid elm is a hard wood with a nice canopy and narrow root system. Planning Board 4 10/20/2011 - 396 Willow Street (2 trees). Lynn Pickhover, 396 Willow Street, said they bought their house 24 years ago, but it has been in the family since approximately 1920. She said the trees were already mature in the 1930s, but at this point they are dangerous. She said limbs have fallen and damaged their cars, and she is concerned about someone being injured. She said if those two trees come down, there is a 70-plus year old evergreen in between them that will be able to grow, and there will still be a large tree along the road. Ms. Collins asked if the trees will be replaced in the same spot. Mr. Cook said the trees can be trimmed, but there wouldn't be much left of them. Mr. Burke said these are massive, old trees that have not been taken care of, and he does not want to see them come down, but would rather have them trimmed by a professional arborist. Mr. Cook said he has not had an arborist visit the site, but has had the town's tree company look at them. He said he felt they could be trimmed and balanced, and the dead wood taken away. Mr. Cook suggested having them trimmed, then reviewing with the arborist and letting him make the call whether the rest should come down. Mr. Penney said he doesn't think the town should have to incur the cost of an arborist; he said the town's tree company has been doing this long enough to be able to make the determination. The board discussed having the company trim the tree, review its condition and make a recommendation to DPW whether it should come down. The homeowners agreed. Motion: To have the town's tree company trim the two trees at 396 Willow Street, review their condition and make a recommendation to DPW whether they should come down. If it determines tree #2 is "not worth saving," it will come down. A hybrid elm tree will be planted in a location to be determined with the homeowner. Tree #1 will be trimmed and an attempt will be made to save it "at all costs." (Penney-Jodice) All in favor. PASSES 1158 West Street (1 tree). Mr. Azinheira explained this is a safety issue and was requested by the property owner. The tree is healthy, but it is an impediment to visibility for the homeowners. A replacement tree will be planted along the property line to the east, where there would be no sight distance issues. 25 Otis Street (3 trees). Mr. Azinheira said the property is on the corner of Otis and Balcom Streets. This was a request of the homeowner. Mr. Cook said the tree company looked at tree #3 and verified it is a safety issue; the top was taken down right before Hurricane Irene. He said tree # 1 should come down. Tree #2 may be able to be trimmed and saved. Mr. Cook said he would like to look at a dwarf tree to replace it because it is under the power lines. He said because of the Light Department's trimming operation, he is afraid a tree would never get to grow very tall anyway. Mr. Penney suggested a dogwood, which would be salt resistant, grow slowly and stay small. Mr. Cook said he cannot plant something that will grow too wide. Motion: To allow the removal of one tree at 151 Steams Avenue and one tree at 1158 West Street. To allow the removal of tree #1 and tree #3 at 25 Otis Street. Tree #2 will be trimmed and an attempt to save it will be made. (Penney-Jodice) All in favor. PASSES Planning Board 5 10/20/2011 .. Mr. Penney said having the trees shown on GIS photographs is very helpful for the board. Motion: To close the public hearing (Penney-Jodice) All in favor. PASSES Johnna Barry, property manager for Prologis (formerly AMB Properties) explained the plan to add a curb cut along the Middlesex Road frontage of the property at 50 Hampden Road. The curb cut would be adjacent to the existing loading dock doors, so truck traffic can exit the property without interfering with passenger traffic. A portion of the building has been vacant for a number of years and they are hoping to get a new tenant. Mr. Burke explained the application is for a 92-foot wide curb cut where a 60-foot curb cut is allowed, and that the Planning Board has the ability to make a finding to allow the wider curb cut. He said he has no opposition to this because it will eliminate internal conflicts between trucks and cars. He said Middlesex Road is not a through way with only three buildings, and a wider curb cut than is normally allowed makes sense because it is not a through way. Mr. Penney said trucks have gotten bigger than when these buildings were built. Mr. Cleary asked about signage or pavement markings. Ms. Barry said Middlesex Road is a very short road, so the trucks will not be going very fast. She said the employee parking lot is on the Hampden Road side of the building, and trucks use the Middlesex Road entrance. Mr. Jodice asked about impact on drainage or water. Ms. Barry said the site pitches toward the building, so water will remain on site. Motion: To make a finding to allow the curb cut because it will increase safer and greater access to the four loading docks, reduce acute turning angles and difficult turning movements into and out of the loading area, resulting in greater traffic safety (Jodice-Penney) All in favor. PASSES 3. Memo from Mr. Burke re: release of final surety - Canoe River Drive cul-de-sac Motion: To release the remaining surety in the Canoe River Drive account (Jodice-Cleary) All in favor. PASSES 4. Dolan Estates special permit to be signed. Mr. Burke noted there are three members present who voted on the special permit; five members voted in favor with one opposed. He explained the board has 90 days to sign and file the plan after the close of the public hearing. Mr. Burke explained the board has to decide on the request to reconsider and depending on the result of that, either vote to sign the permit or table it until more members are present. Planning Board 6 10/20/2011 - Mr. Jodice asked what the abutters' options are if the vote is not considered. Mr. Burke explained the abutters can file an appeal with superior court or land court within the 20-day appeal period. He explained the town would file a notice of appearance, but the applicant would have to defend the permit. He said the board has to defend its decision when it denies an application. Mr. Jodice said he does not feel comfortable reconsidering the vote. Mr. MacDonald asked about the bridge and drainage system; Mr. Burke said they would be privately owned and maintained, but the permit requires them to be built to Mass Highway standards. Mr. Jodice asked if the homeowners will be aware of these conditions. Mr. Burke said the realtor and builder have an obligation to inform potential buyers this is a private way they will have to maintain. He said it should also be disclosed at the closing and the deed should reference the special permit. Mr. Jodice asked if a homeowner could get a variance to build something outside the conditions ofthe special permit. Mr. Burke said the ZBA does not have the ability to grant relief from the special permit; it would have to be modified. Ms. Collins asked what protection there is that the drainage will work. Mr. Burke said the applicant's engineer and the town's engineers have said it will work, the homeowners' association will be required to clean and report to the town on the drainage area and an as-built of the drainage system will have to be submitted to the town every five years to verify capacity. Mr. O'Neill said he respects the applicant's and town's engineers, but he thinks there are still a lot of questions. He said it will be hard to get four homeowners to work together and agree on financial issues. He said he is concerned about the homeowners not plowing and having public safety vehicles getting stuck during a snow event. Mr. Burke said the board should not reopen the issues that were discussed during the public hearing. Mr. O'Neill said houses with kids have a negative impact on the tax rolls. He said the town will lose tax money when the applicant donates the open space to the Natural Resources Trust. Mr. Cleary said he understands the existing issues on Ware Street, but he did not find a reason to deny the project during the public hearing. Ms. Collins said this development has brought up a lot of issues with the residential compound by-law, which the board may want to look at. Planning Board 7 10/20/2011 .. Motion: To sign the Dolan Estates special permit (Cleary-MacDonald) Three in favor. Penney, Collins abstained. FAILS The board will take up the special permit again at the November 2 meeting. 5. Public Hearing notices Attleboro, Easton, Foxboro, North Attleboro, Sharon 6. The Beacon I 7. Public Comment Mr. Penney said Dr. Mullin mentioned working with CSX. Mr. Burke said the town engineer found the map showing the railroad crossing and town counsel found that in 1895, the easement was returned to the railroad and therefore, the town has no rights to a grade crossing. He said the plans for Route 106 options all seemed to be focused on the train station, rather than exclusively on Route 106. Mr. Burke said the town had a consultant in the mid 1990s who suggested a land taking from North Main Street to Route 140 and creating four lanes. Ms. Collins said that would result in very fast traffic in a densely developed area. Mr. Jodice said having extra lanes going toward Route 140 might make more sense than more lanes going in the other direction. Mr. Penney said east-west traffic has to be addressed, without the emphasis solely on the train station. Mr. Burke said there isn't an east-west road other than Route 106 that could be further developed. The board discussed left-turning lanes at intersections like EastlWestlNorth Main/South Main. Mr. Burke said there have been discussions about whether the parking enterprise fund could be used to improve access and intersections in the downtown and train station area. He said the parking enterprise fund could be used to get the project to substantial design, which could help get it on the TIP faster. Mr. MacDonald said CIP has begun and hopes to have a recommendation by January 1. Mr. Cleary said Dr. Mullin's idea about an Economic Development Agency could be funded with town-owned land, such as the Fales Oil property. Mr. Jodice asked about the former Borders space at Mansfield Crossing. Mr. Burke said there is a temporary use there, but he has not heard about a permanent tenant. He said that decision could be made by either the development or by bankruptcy court. He said whatever goes there, the fa<;ade will have to conform to the special permit. Motion: To adjourn at 9:45 p.m. (Penney-) All in favor. PASSES ~e~ovember 2,2011 at 7:00 p.m. !3~ ~ II - :<. -II Signature of Clerk Date of Approval Planning Board 8 1 0/20/20 11 ...