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HomeMy WebLinkAboutPLANNINGbrd_1172012Planning Board Minutes i ^D Y `D November 7, 2012 j(" i (-F ICE Present: Tom French, Chair, Beth Ashman- Collins, Clerk, Michael McClanahan, Tony Jodice, Don Cleary, Ralph Penney, Cheryl Collins; Alternates: Rod Oreste and Iylt' hW Fi a A C: -10 Shaun P. Burke, Director of Planning and Development, Jennifer Davis, AdministrativeSecretary Motion: To appoint Mr. Cleary Acting Clerk (McClanahan - Oreste) All in favor. PASSES 1. October 24, 2012 minutes Motion: To approve as submitted (McClanahan- Jodice) Six in favor. Permey abstained.j. 2. October 24, 2012 letter from Jean Fox and Victoria lYfagi grant of $15,000. Mr. Burke explained the funds, yyill be with that agency on the technical study. 3. Public hearing notices — Attleboro, Foxboro, Nortti +Aitle Mr. Burke distributed maps showing town -owne between Route 140 and Highland Avenue`;� oth manager, Xia Gin. Mr. Burke said the Roof ] 0� different plans produced by the town and 1V46ss H actual surveys. He said on many of the prope'Ttie sidewalk is at the back edge of pavement. Mr 'F1 t; Chauncy Street, Mr. Burke sardkitlyaries. Mr. Pe right -of -way often en'toaches on `o.rbperties. Mr laid out by the state, hkelintei'sectio is, have been replaced the pumps when if tebtti t the underpass town will cotiS nue Y- - inamtarinithem The boa'r'd discussed Mr. Burke'sat'd,lne thinks ,,;,:,1, and Route 140 S 1)ecause widening. He sardf that rather than a town vf6iec d vacant lai maps were VlassDOT re +South Coast Rail to SRPEDD at'he would work Beacon the Route 106 corridor ,ed by the town's GIS don map is Uas 0'mi a mosaic of several as well as a §sessor's maps, rather than ig ChatrnepStreet, the back edge of the asked the width of the pavement on said in! older towns like Mansfield, the said the areas of the road that have been d and are accurate. I-Ie said the state e 106 near the train station, and the area and access points around the train station. JieTelson Mass Highway stopped rebuilding Route 106 at Hope Street it dtdinot want to get involved in the land takings necessary for is �. , ething the town wants done, it should be a state -level project 4. Gitizcns' Petition, Public Hcarmg - pro- ed Zoning By -Lat� Amendments) for Specistl Town Meeting — Joe Mulkern *To amend the Zoning By -Law to change the Schedule of Principal Use Regulations, Section 3.3.4, to allow Multiple Residence in the Industrial 2 (12) Zone as a special permit use in accordance with Section 3.7.1, Older Building Reuse; 'And to amend Section 3.7.1, Older Building Reuse as follows: Planning Board November 7, 2012 3.7.1 Older Building Reuse: The Planning Board may grant a special permit to convent (i) any building containing more than two thousand (2,000) square feet of floor area and built prior to February, 1953, (ii) a public school building, (iii) or other municipal building, in its entirety for uses (A) allowed in the district in which it is located regardless of development density provided (1) there is sufficient parking in accordance with Section 4.4 of this by -law, (2) the Planning Board finds that the site, architectural and landscape plans and conditions of approval are sufficiently advantageous to the Town to grant a special permit, and (3) no additions to the building are allowed, except for minimal additions necessary to comply with building, safety and health codes, or for the reasonable use of the building or (B) allowed by special permit in conformance with the provisions of Scc(ion 5.5 of this by -law and the density criteria outlined in this Section 3.7.1. The clerk read the public hearing notice. Mr. French explained howlh e public hearing would be conducted and that the board would make a recommendation on tliel &oning By -Law amendment to the November 13, 2012 Special Town Meeting. Mr. Mulkern explained the proposed zoning by -law amoradihe pt would givepim the opportunity to apply for a special permit do a historic renovation ofthe chocolate factory oniOakland Street. The original building would be used as residential anal the newer, additions and otthlfldings would be removed. He said the board bad asked pf ' - tuilding, c remain zoned industrial and be used for commercial purposes,. Mr. French noted this is a change to the zoning by -law, so it would also impact other properties in town that meet the criteria. Mr. McClai}4% ;sa>d the original ratontion of the Older Building Reuse by -law was for municipal and schoohbuildingrenovation Mr °Mulkern said lie thinks this is a unique building and noted there are a nura r of elrrpty bgtlildrji& in the industrial park. Mr. French said the boa, t a at a previous }meeting not Y request department heads comments on this zomrig by -law` }tnndment Mri�emrey noted there were department head comments on the zoffit i . -law at'iendment propo ei for the 2012 Annual Town Meeting. Mr. Mulkern said the board h0d,bcen,emicerned about NNhat would be done on the rest of the parcel, under this pioposal) the inteiit o pis to only se ho original building for residential use and not to change the.oiiirg for thgsrte ? ate r Mr. Burke laid this is a zoning by -law atrendnrent proposal, not a development proposal. He said if r ss at Specir TownlMeeting, it would allow an applicant to present a developrnent:plpposaI to tIt rd. Mr. Pemrey said the by -law amendment would impact the redevelopmentaothe chocolaifactory property. Mr. French asked if the board wants to look at the comments r i e l for the previous amendment at the 2012 Annual Town Meeting. Mr. Burke said he would'jn.l'e' ommend the board do that. Ms. Collins asked at what point the last set of comments was received. Mr. French said when a similar by -law amendment was proposed at the 2012 Annual Town Meeting, the board asked for department head comments, but did not request them for this public hearing. Mr. Oreste said the comments would likely be the same for this by -law amendment. Mr. Mulkern said if the by -law amendment passes at Town Meeting, he would have to come before the board with a special permit application, so the board would have the opportunity to Planning Board November 7, 2012 review it. He said he doesn't think this building is viable as an industrial use; Mr. Penney disagreed. Mr. French asked if the board would like to review the department head comments from the 2012 Annual Town Meeting. Two members said they would like to review the comments, the rest said they would not. Public Comment Steve Schoonveld, 21 Newton Street, said the Finance Committee was approached by Mr. Penney about its opinion. However, he said he doesn't think this is lh apprgpriate time for a Finance Committee opinion, and said the committee would prov140 opinion if the by -law passes and a special permit is submitted. He said the Finance's n lttee has discussed conflict of interest issues. '! =`h. Liz Christo, 3 Sturbridge Drive, asked if the original buildings an be knocker ?mown. Mr. Mulkern said it can be, but he hoped it would not Mr. Oreste asked if the whole property could be residehUAl. l building is the only one eligible for historic tax credits, s'A renovate. He said the remainder of the AS,Qperty would remai building would be residential, and would `riejane }a special pe and there is an existing one -story office buifcimg j]t'uttmay be Mr. French asked which of the buildings on Mulkern said only the prior to 1953. The oth Mr. Jodice asked what passes, but this.pr9ject Tracy CncI611whio 119 other thar7i-'flie choeolal the 1%09j,a He notedl' special pert board could granted to a built MIkern said the<diiginal the only one he is proposing to dustrial, and only the original Ide said the site has 15 acres 'as a,fnanaeement office. phocr the proposed by -law. Mr. t, , )ld qualify because it was built be taken down. done in tWbriginal building if the by -law amendment 4r BurVexplained there are five I2 districts in town; ,iihallHouses; the Ryan - Elliot Industrial Park, which in the 1970s; Sweet Manufacturing, which was built in bn Otis Street, which could come under this by -law. ek building 4t1 SprmgStreet came in as a 55 and Over use, which was not a the R2 zon�U `- e said any special permit project could have conditions, so the ,;the number Q' units allowed in a project. He said the special permit can also be r= = -?z ev riuty, sos_`l lf one developer does not complete the project, the new owner would have to get a neryfslSecial permit. [Ms. Ashman- Collins(arrived at this time] Mr. Burke said the proposal is not for a zoning change, so the uses allowed in the underlying zone would still be allowed if the residential redevelopment is not done. Mr. Jodice asked about affordable housing requirement; Mr. Burke said the town has an inclusionary housing by -law, which is separate from what a developer's deal with a funding agency might be. However, he said the number of affordable units required by the two entities Planning Board November 7, 2012 would be cumulative. Mr. Burke said the town's affordable housing requirement would require a certain number of affordable units, just like in any other residential development. Mr. Oreste asked if a new owner would have to reapply for a special permit; Mr. Burke said it would. Mr. Burke said in the case of bankruptcy, the court may see a lease as an asset, which could tie up the reassignment of the permit. Mr. Oreste asked if one developer begins a project and goes broke, would that constitute an abandonment of the permit. Mr. Burke said if the project is under construction and the owner changes, the new owner could take over the permit. Ms. Collins asked what would happen with the property if the by -12 Mulkern said he would not pursue a project on this site without the! Collins said she would hate to lose the original chocolate factor)ibi 0- Mulkern has done everything he can to keep the project focuser on Mr. Penney asked how many apartments are being propo's'ed if Mulkern said his plans show 109 units, but noted thgyplans are definitive. Mr. French said if the by -law amendment),), ,succes special permit proposal would have to come before the` boagd�, specific number of units. ?; Mr. Penney asked if the one - bedroom or might not. Mr. Penney asked if this will be a 55 and Mr. Penney asked there will not be. Mr. Penney asked if there said there will'not'sle Mr. would have Z pass. Mr. tial component. Ms. and it appears Mr. original building. Mr. ;ngineered Wdltherp/fore not it Town MeettliNa definitive h,,would be granted for a said they might said it will not. the original building. Mr. Mulkern said or studios in the building. Mr. Mulkern will be a 55 and Over; Mr. Mulkern said Mr. Permey a9Q.1ow much l nd will be used as parking for the original building. Mr. Mulkern said he will provfe the requited amount of parking. Mr. Penney said the original building is in the middle oft e par gl and'asked how much will be left for industrial land. Mr. French said a specific development pl�ri will include the parking requirements and all other site considerations. Mr. Penney said he would like to maintain as much industrial land as possible and asked if Mr. Mulkern would consider putting the parking to one side of the residential building to leave as much industrial land as possible. Mr. Mulkern said he would consider that. Mr. Penney asked if the existing rail siding that goes to any of the other buildings on the site. Mr. Mulkern said he thinks it only goes to the original building. Planning Board November 7, 2012 Mr. Penney asked if the tax incentives limit what can be done; Mr. Mulkern said the historic tax credit program limits what can be done in a historic renovation. He said a retail space in the original building would require an addition, which would not be allowed under the historic tax credit program. Mr. Penney asked what percentage of units would be set aside for affordable housing. Mr. Mulkern said the only fimding coming to this project is historic tax credits, which does not have an affordable requirement. Mr. Penney asked if a financial impact study has been prepared, as rc4V8sfeq at the September ;y, 26, 2012 meeting; Mr. Mulkern said it has not been prepared at tlliSipoint, but would be done with a definitive project.a;3'tF'tr;,, Mr. Cleary asked about the historic renovation requirements Mr. Mulkern rsaid the outside of the building and certain interior elements has to be brggglit back to their origi'#41 appearance. Mr. Cleary said he likes the idea of a historical renovation with an industrial com quent on the remaining land; Mr. Mulkern said he has had so interest in re me tiail on the remannog.4and. Mr. Feck asked about the board's previous discussion abUitc} alrging the syntax of the proposed by -law amendment; Mr. Mulkern said ho.eguld amend it on thefjoor of Town Meeting if necessary. ; i <<i _ Mr. Feck said with a special permit, the boai'O would- have.tj e opportunity to work with an applicant on the redevelopment of a site. t, Mr. Jodice said the sPeclal peumlportion of tins by -law would provide options. He said the renovation of a buildmg like the c�gveolate factory�w,ouild be positive for the town. He said lie wouldn't like to see thrs`bittldin l ,eked down andfor the town to lose the tax income. Mr. Burke saitlihe uradeAstands w'at Mr. Miilkeiii wants to do and he wouldn't want to see the building knocked down arld, the site vacant. He said the rehabilitation of the Spring Street factory was positive for the town, and he;wouldn't want to see the chocolate factory look like that burldh)g,prior to the renovation d& to disinvestment. However, he said he doesn't want the Planning Boatl�to commit rt§elfto a conceptual plan it hasn't seen. He said he is comfortable with the proposedzoning by -14w amendments going before Special Town Meeting. Mr. McClanahan s616thauging the zoning could result in 300 apartments between this building and the Richardson Mqp tfacturing building. Mr. Burke said if this by -law amendment passes, the board would look at that during the special permit process. IIe said he thinks this zoning proposal is more narrow than the one proposed for the 2012 Annual Town Meeting, and would require a more rigorous review under the special permit process. Mr. Penney said he doesn't think this parcel can be compared with the Spring Street mill redevelopment because this parcel is part of an industrial area and the Spring Street mill is in a residential neighborhood. Mr. Burke said he thinks the Spring Street mill is a good example of older building reuse. Planning Board November 7, 2012 Mr. Penney said according to the 2010 Census, Mansfield has 2,316 renter - occupied units, including 140 at Twin Oaks, 245 at The Depot, 66 at Cedar Heights and 200 at the former Parente's farm on West Street. He said he appreciates what Mr. Mulkern is trying to do, but said at this point, the town needs jobs, not more apartments. He said the property has a rail siding on a large tract of industrial land; he said he would like to see the original building stay up, but it may have outlived its usefulness. Mr. Mulkern said the historic tax credit program requires the building to be renovated to its original condition, which would not allow retail or commercial. Mr. Penney said the Strategic Plan recommended protecting industrial land. Ms. Aslmian- Collins said there is no development project before the,board'gt this time, but simply a by -law amendment. ; €l M, Ms. Collins said the Strategic Plan recommended pr( so they will stay in town. She said a project like this housing options for young professionals who use the land would remain industrial, with only the original;l Mr. Jodice asked about vacancies in the industrial park; vacancy rate in the park, which is not high compared to sing options for senior residents tv that, rri=a dition to providing rail. She ndtttlie underlying Ong used for restii.00tial„ there is about a 17% parks. Walter Wilk, 7 Sawmill Court, asked aboufithe process. Mr. French explained this public hearing is for the proposed zoning by -law amendment, and is not a public hearing to approve a specific project. I-Ie said the Planning BoardQvill made a recoirut Cation on the by -law amendment to Special Town Meeting, which a ?ill ote whetheror' not to allow the change. If the amendment passes, an appitcadtwquId be able Wcome bae l'o the board with a special permit application. At that pq,,�i, the b "J" would holdv ?public hearing and request comments. Mr. Clemmey asked why�t part of the amendment pro: to see the la r d&6zprie � y Mr. Clemrlrey asked rf abt2 statute does'rrot require abi he always rlotfigs abutters 'Mi- not required. `" h Motion: To send Spe`.cal amendment (tIiai "a rezoning. Mr. Cleary explained that was Town Meeting, but the board didn't want rere`not_Nd of this public hearing. Mr. Burke explained the atification of a zoning by -law amendment. Mr. Clemmey said he submits a zoning by -law amendment. Mr. Burke said that is Meeting a positive recommendation on the zoning by -law Seven in favor. Two opposed. PASSES Motion: To close the public hearing (Cleary- Jodice) All in favor. PASSES Michael Trowbridge, Hutchins- Trowbridge Associates, explained the site plan proposal for 12 residential units. The plans show two buildings with six units each, with parking at the rear near the bike path and concrete sidewalks at the rear. The plans show six -foot vinyl fence on the Planning Board November 7, 2012 southerly property line, beyond the existing hedge line. The property is on town sewer, water j and electric. The electric service will come through the rear of property and they are proposing to add a pole and two transformers. There will be 24 parking spaces and one van accessible handicapped space. Mr. Trowbridge said the site conforms to the Zoning By -Law, except for the floor area ratio, for which the site received a variance. Mr. Trowbridge said low -level lighting has been added to the front and back of the site, with three pole - mounted lights rather than building- mounted lights. There are existing street lights along the bike path and on North Main Street. He said the existing pavement is in good condition and does not flood; there is an existing leaching catch basin "', 'skid he did a constant head test with three test holes. The Town Engineer has some mi � €emaining issues regarding pre- and post - development numbers, which Mr. Trowbridge said he w I address. Mr. Trowbridge said because this site abuts the bike path, hg has added a'ngte for a pedestrian/bike path sign and stop sign, as well as striping and"a speed bump f &slow traffic leaving the site. ,_ Mr. Trowbridge said the sidewalks will be extended to meet #it , ki$ting North Main Street sidewalk. Mr. Trowbridge said the sewer connection rll;be stubbed witliif9y'._?rconnections to the units. Mr. Trowbridge said he has added a second Mr. Trowbridge said the rd dl atjthp back of thesite has some i-mgh spots and a lot of overgrown shrubs. During the st;lff4level srte.pian review muting, lie said staff told him it should be cleared and gravel put down Mr. McClanahan asked about ieselents frbiar this property cutting through the Bolea Funeral Home propett5 %` lY)i 3 Ci?trmngh�t e Bar hard that` sstie has not come up during his discussions with Mr. Boles 'Hd this Ia�erty`li'fklalso had problems with people cutting through, so he has put up b�ruers. { ii De ea d Cat I I fs Un The clerk read'n el os from Burke and Chris Cox, MMED Mr. Trowbridge said4fiere fill be no building- mounted lighting and the parking lot lighting will be 31 inches high. Mr? Tench asked if that would be sufficient for parking lot lighting and said there could be a security issue. Mr. McClanahan suggested using LED motion - detector lights. Mr. Trowbridge said the light fixtures will be shielded and light will not spill offsite. Mr. Trowbridge explained the plan shows one handicapped, van- accessible parking space. Mr. Trowbridge explained there will be stairs at the back of each unit, with shared bulkheads for each two units. He said there will be full basements and no decks. Planning Board November 7, 2012 Mr. Trowbridge said the Fire Chief is opposed to adding fencing to the front of the building. Mr. Trowbridge said he is aware of the need for Board of Selectmen and DPW permits, and he has met on site with DPW. Mr. Trowbridge said a second transformer has been added per MMED. Board Comment Mr. McClanahan said he doesn't like the fagades of the buildings facin&North Main Street. Mr. <Fr <e g'.w Jodice agreed; lie said it doesn't go with the neighborhood and he is pgri'cerged about the building's prominent location in the center of town. However, he =sOW he understands this is a site plan review and not a special permit. ..J LiTa.F�x Ms. Ashman- Collins said this is much less appropriate for,14e�d'owntowri'li, '� iess district than the building that was there previously. She said it is q appropriate for the of a building to face North Main Street. Mr. Cleary asked if the neighbors have seen these plans, . Cunningham said se3eral neighbors were at the ZBA hearing, and the plans have been amend6eI=tgieflect their buffer requests. Mr. Cleary asked about affordable units; N But_ke said one Cunningham said it would be constructed b't site Mr. Mr. Cleary asked if the town would have to grant I?yximssnon tor9i'oss the bike path. Mr. Trowbridge said they would haveto get DPW pelmrts Mr. Penney said he thrnksFtt rs un� r unate the zoning by -law allows this type of use because it doesn't fit with the character of do: ntown. Mr I rgnch agreed. ra i Mr. Oreste sbidFhe agtap the pro 'psal does not in with North Main Sheet. xni' F e Mr. I1�eC,gnahan asked about the paint ol'or. Mr. Cunningham presented an elevation. Ms. Collins sid, this building<hs not the right style for downtown. She said the plans do not show any trees being: planted; Mr. 61 lnningham said one of the conditions of the variance is to keep the first 12 feet of thbsite open a visibility. Mr. Trowbridge said there are arbor vitae being planted eight feet a aoptolig the property line. He said their maintenance will be art of the P g P �,a;,s,, B P' P Y P homeowner's associatioj's responsibility. Mr. Penney said the Planning Board's recommendation to the ZBA was positive with the suggestion the two units facing North Main Street be front -style units, rather than the side -style units shown on the plans. Mr. Cunningham said he could change the windows on those units to arched windows rather than the square windows shown on the plan. Mr. French suggested adding a door to each end unit. Planning Board November 7, 2012 Mr. Penney said most of the buildings on North Main Street have their main entrances right on the sidewalk and said the board had suggested the two end units be reconfigured to allow that. Mr. Cunningham said that would not work. Mr. Trowbridge said they could discuss some of the changes with the architect, but said he cannot commit to changes that might impact the whole building. Mr. French asked about landscaping between the buildings. Mr. Trowbridge explained there is stone, mulch and two and four -foot shrubs. Mr. Burke noted there are pq landscaping requirements in the B 1 and B2 zones. Aw,_ The board discussed what would happen if it does not send the,br ildilig,inspeetor a p..p recommendation. Mr. Burke said the building permit would etfrer be`is#lzed or denied for cause within 30 days.' Mr. Burke said this building will be on North Mam St1'eet for a long time and`thlnks the r �r� applicant would want to make it as attractive as possilile,, Mr. Cunningham said h'e_�3"'nts the building to be attractive and he has made some changestbosed 6 ilira,conversations'he has had with staff. Mr. Burke asked if the applicant would ask hl,At6llitect to look at the plan from the perspective of North Main Street to atteflipt to make it more attraFtive. Mr. McClanahan suggested larger, longer windows and awmfigs ,mr. Burke sardIR, B2 zone allows townhouse /rowhouse by right with site plairtevieW 44 He said the apphoation meets the by -law, but he doesn't think it meets what the boar das Ueen ttylhg,to accomplish downtown. He suggested the board send the building inspectoi a p6 'it rve recolninendation with increased landscaping and changesl,to the c s of the burliliir s facing North Main Street. Mr. French suggested looking at thelrghtmg=fi adequacy ` k Motion: To send the Building Ins l? c.tor a posrtrveil-Rommendation with the suggestions the t, landscaping be increased, thejdhds of the bbildmgs ronting on North Main Street be changed and the site lighh` ey) All in favor. PASSES t g�r' Mr. Penney suggested lobkmg at the Zoning By to address the rowhouse /townhouse. Mr. a >' Burke sa fl'1te has been working on th4t�and suggested options including making all residential uses in the B2 �qne special per; it, requiring the entrance of a building to face the street, or requiring mrx ..'Rq in B2 „t Mr. French said he thinks it is time to reconsider site plan approval. Mr. Clemmey asked when the board would hold a zoning workshop. The board discussed holding a workshop at its November 28 meeting. Mr. Jodice said he thinks part of the problem with getting people to come downtown may be the way main routes like West Street have been cut apart, resulting in roads that are not pedestrian friendly. Planning Board November 7, 2012 Mr. Clemmey asked when the board would hold a zoning workshop. The board discussed holding a workshop at its November 28 meeting. Mr. Jodice said he thinks pail of the problem with getting people to come downtown may be the way main routes like West Street have been cut apart, resulting in roads that are not pedestrian friendly. Motion: To adjourn at 9:50 p.m. (McClanahan- ) All in fa�voii, PASSES Special Town Meeting: Tuesday, November 13, Next Planning Board meeting: November HE Signature of Clerk ?011at 7:00 p.m. 12 at'ili. O,Osp.m. zo12 Planning Board November 7, 2012