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