HomeMy WebLinkAboutPLANNINGbrd_4112012Planning Board Minutes ECEIVED
April 11, 2012 1''''' f'r ` " �,`FFICE
Present: Tom French, Chair, Michael McClanahan, Tony Jodice, Don Cleary, Shawn "E "�
MacDonald Zff ?2 .:UN 20 P
Alternates: Ralph Penney, Rod Oreste 2 So
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Admin)nstiati�,e.r ' =
Secretary
Motion: To appoint Mr. McClanahan Acting Chairman and Mr. Cleary Acting Clerk
(Jodice - MacDonald) All in favor. PASSES
Article 41 - DiMascio Drive and Shea Circle
Mr. Burke said the punch lists are substantially complete and recommended a positive
recommendation to the Board of Selectmen. There are a number of minor issues to be
completed, and the town will retain sufficient surety to insure their completion.
Motion: To send the Board of Selectmen a positive recommendation on the acceptance
of DiMascio Drive and Shea Circle as a public way
(Jodice- MacDonald) All in favor. PASSES
3, Correspondence
1. March 28, 2012 minutes
Motion: To approve as submitted (Cleary- Penney)
Mr. Penney noted the Board of Selectmen did not vote to support the Planning
Board's train station access study article, but rather voted to amend the article's
wording based on town counsel's recommendation.
Four in favor. One abstention. PASSES
2. Public Hearing notices — Attleboro, Easton, Norton, Sharon
3. The Beacon
[Mr. Oreste arrived at this time]
Article 23 — Planning Board article to allow a one -time transfer of $200,000 from the
Commuter Parking Enterprise Account to establish a Commuter Rail Access
Improvement Account.
Motion: To send a positive recommendation on Article 23 to Annual Town Meeting
(Penney- Jodice) All in favor. PASSES
Article 41— Citizens' Petitions for Street Acceptance — DiMascio Drive and Shea Circle
Motion: To send a positive recommendation on Article 41 to Annual Town Meeting
(Jodice - Penney) All in favor. PASSES
Planning Board 1 6!712012
Article 46 — Citizens' Petition to authorize the Board of Selectmen to auction to the
highest bidder an approximately 12.7 -acre parcel of vacant land on Essex Street (Map 47,
Lot 26). Mr. Burke explained the town typically sells land for no less than the appraised
value plus the cost of appraisal.
Motion: To send a positive recommendation on Article 46 to Aimual Town Meeting
(Jodice - Penney) All in favor. PASSES
Mr. MacDonald told the board he will be resigning due to family and work obligations.
The board members wished him well.
Mr. Penney asked about progress on the train station; Mr. Burke said he will be attending
a CEDS meeting later this week, which will be the first step in getting on the funding list.
[Mr. French arrived at this time]
Mr. Burke said the regional wastewater treatment plant will be added to the CEDS
funding list. He explained DEP has added new requirements to qualify for a zero interest
loan, including a build -out study to ensure the capacity of the plant will not be exceeded.
He said Mansfield, Norton and Foxboro will work with SRPEDD and MAPC to work on
those requirements. He said the difference in interest between a 0% loan and the 2% SRF
loan would be between $9 -11 million.
Mr. Cleary said he attended a TIF meeting this evening. There are no new TIFs; two
have expired and the town is beginning to see significant gains on the older TIFs.
The clerk read the public hearing notice. Mr. French explained how the public hearing
would be conducted.
Ralph Maloon, RIM Engineering, explained the plan for the removal and relocation of 21
feet of stone wall for a driveway on the west side of Gilbert Street (Lot 3 on the "Plan of
Proposed 3 Lot Construction on Gilbert Street" dated November 23, 2011 and revised
March 13, 2012.) Mr. Maloon said there are existing breaks in the stone wall for Lots 1
and 2 that will be used for driveways, so stone wall will only be removed for Lot 3.
Mr. French noted there is a 40 -foot oak tree near the proposed driveway for Lot 1 and
suggested relocating the driveway to avoid sight distance issues. Mr. Marcheselli said
they could move the driveway and remove and repair the wall as necessary. Mr. Maloon
said the driveway could move about 20 feet to the northwest.
Mr. Jodice said he doesn't think the board should require scenic road applicants to wrap
the stone wall into the driveway. He said he wouldn't want the town to have to maintain
Planning Board 2 6/7/2012
the wall on someone's property. Mr. Maloon said on a road like Gilbert Street, the stone
wall is very often the property line, so the homeowners would own the wall.
Motion: To approve the removal of 21 feet of stone wall on Gilbert Street for the
driveway of proposed Lot 3 and the removal approximately 20 feet of stone wall for the
driveway of proposed Lot 1, using the stones to replace the gaps in the wall as described
on the "Plan of Proposed 3 Lot Construction on Gilbert Street" dated November 23, 2011
and revised March 13, 2012, prepared by RIM Engineering Co, Inc.
(McClanahan - Penney) All in favor. PASSES
Motion: To close the public hearing (Cleary- MacDonald) All in favor. PASSES
S.- 47 and 48 - Citizens' Petition Annual Town Meeting Warrant Articles
Public Hearing — 3.7.1 Older Building Reuse and 3.3.4, Multiple Residence --Joe,
Mulkern s
The clerk read the public hearing notice. Mr. French explained how the public hearing
would be conducted.
Article 47 — Citizens' Petition to change the Schedule of Principal Use Regulations (pages 24 and
25 of the Zoning By -Law) to allow Multiple Residence in the Industrial 2 (I2) 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:
3.7.1 Older Building Reuse: The Planning Board may grant a special permit to convert (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 or (B)
allowed by Special Permit in conformance with this section, 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.
Article 48 — Citizens' Petition to change the Schedule of Principal Use Regulations (pages 24 and
25 of the Zoning By -Law) to allow Multiple Residence in the Industrial 2 (I2) 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:
3.7.1 Older Building Reuse: The Planning Board may grant a special permit to
convert (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)
Planning Board 3 6/7/2012
allowed by special permit in conformance with the provisions of Section 5.5 of this
by -law and the density criteria outlined in this Section 3.7.1.
Attorney Edward Valanzola, 121 North Main Street, explained the two versions of the
amendment, Article 47 and 48; Article 47 provides for a Planning Board special permit
through Sections 3.7.1 and 5.5. Article 48 provides for a special permit through Section
3.7.1. Attorney Valanzola said he would be comfortable with the board sending a
positive recommendation to town meeting on either version of the article.
Mr. French said this amendment is not particular to any project, but is a by -law change
that would address any building that complies with the new by -law. Mr. Valanzola
agreed, but said there has been a lot of misinformation about the property his client is
involved with and asked the Planning Board to keep an open mind.
Mr. French asked which version of the by -law works the best. Mr. Valanzola said both
versions work, but the second is clearer because it requires a Planning Board special
permit. Mr. Burke said he has discussed both articles with Mr. Valanzola, and said if the
by -law were to be amended, he would be more comfortable if it references Section 5.5,
which is the way Article 47 reads.
Mr. Cleary said this by -law would be another tool for the board to use.
Mr. Jodice asked what other properties would be effected by this by -law. Mr. Valanzola
said there are a few municipal buildings, the chocolate factory on Oakland Street and
Richardson Manufacturing on Otis Street that could be affected. Mr. Jodice asked if
there are any other buildings on Oakland Street that would be affected by the by -law.
Mr. Burke said lie does not believe there would be.
Mr. Jodice asked the reasons for zoning different areas I2 and I3. Mr. Burke said the
intent was to encourage and variety of uses in I3. The I2 zones are more scattered,
including West Mansfield and the Ryan- Elliot Industrial Park on Maple Street. Mr.
Burke said the 1989 Master Plan Committee also decided to make some industrial
properties residential, which is how Tracy Circle off Branch Street was permitted.
Mr. Valanzola noted this is not a rezoning article, so whatever buildings this article might
apply to would retain their current zoning. The parcels would remain whatever they are
currently zoned, and this by -law would allow landowners to apply for a special permit for
the use. He said even if that special permit were granted, the land would remain
industrial. He said the special permit application would apply only to the existing
building footprint and would not impact the underlying land.
Mr. Oreste said this would allow the board would take the special permit applications on
a case -by -case basis and apply all the standards of Section 5.5.
Mr. French noted the public hearing is not specific to a parcel of land, but will impact a
number of properties in town. Mr. Penney said the applicant has proposed the by -law
with a specific project in mind. Mr. Valanzola said some of the department head
Planning Board 4 6/7/2012
comments address a specific project, and the Finance Committee's memo says there will
be 100 new children in the schools. Mr. Valanzola said he thinks that number is based on
misinformation. He said the Oakland Street proposal would have 30 two - bedroom units,
which would not have that many children. He said there have been a number of
newspaper articles that have provided incorrect information, which he said several of the
department head comments appear to be based on. Mr. Penney said he does not believe
converting industrial land to residential land is good for the town. Mr. Valanzola said
that would be one of the issues the board would have to consider if this by -law were to
pass and a special permit were filed.
The clerk read memos from the Finance Committee, Assessor's, Fire, Police and School
Committee.
Mr. Valanzola said the School Committee memo indicates it was unable to get any
information on the article, but he said they could have contacted him. He said the
information the School Committee appears to have based its memo on is erroneous. Mr.
Valanzola said a project with 30 two - bedroom apartments would not result in 100
additional children in the school system. He said the special permit process would allow
the board and department heads to address a specific permit application.
Board Comment
Mr. Oreste said he thinks the question the board should focus on is whether it would be
good for the town to give the Planning Board more discretion on special permit projects.
Mr. Penney said one of the outcomes of the charrette with Dr. Mullin was the ide the
town needs more industrial uses. Mr. Valanzola said lie agrees, but older buildings may
not be the best place to address that need. He said any applicant under a new by -law
would have to come back to the board; this is simply a mechanism to allow the first step.
Mr. Jodice said he would hate for the town to lose the ability for industrial uses. Mr.
Valanzola said this article would help to preserve older historical buildings. Mr. Jodice
said he would like the ability to do mixed -use development. Mr. Valanzola said he thinks
the chocolate factory property, for example, could have a mixed -use component. Larry
Curtis, President, Wynn Development, said they are doing a mixed use project in Lowell
and wouldn't rule out a mixed -use component on the chocolate factory property, but not
necessarily in the building. He said the redevelopment of this building would provide
construction jobs. Mr. Penney said those would be short-term jobs, and he would rather
see long -term industrial jobs in town.
Mr. French asked if the by -law would allow mixed -use in the building. Mr. Burke said
Section 3.7.2 describes mixed residential/business use, which would not be allowed under
this proposed by -law. He noted that question is beyond the scope of this public hearing
and the board should make its recommendation based on what was advertised.
Mr. Jodice asked what the board's liability would be if a special permit application came
in for the residential redevelopment of an older building and the board denied it because
Planning Board 5 6/7/2012
there was no mixed -use component. Mr. Burke said the board could not act arbitrarily
and deny an application based on something that is not included in the by -law.
Mr. Jodice asked if the by -law could be amended. Mr. Valanzola said they would be
willing to add 3.7.2, mixed -use; Mr. Burke said he thinks that would go beyond the scope
of the public hearing notice.
Mr. Oreste asked if the special permit would only allow older building reuse for a
residential use. Mr. Burke said that is what this amendment is proposing.
Mr. Mulkern asked if the remainder of the land could be separated from the building and
rezoned. Mr. Valanzola said that would have to be done separately at Town Meeting. He
noted the remaining land will still be industrial, so one of the surrounding industrial uses
may be able to use it in the future.
Mr. Cleary said this proposed by -law is a tool to allow the board to listen to future
redevelopment proposals.
Motion: To close the public hearing (McClanahan - Cleary) All in favor. PASSES
Mr. Jodice said he is concerned this by -law does not allow mixed -use redevelopment.
Mr. Valanzola suggested leaving the second article on the warrant, but amending it on the
floor so it includes a mixed -use component. Mr. Burke said he thinks leaving residential
in the article and adding a second use would make it less restrictive because there would
be more options. However, he said he would be concerned about the moderator accepting
the amendment and the attorney general striking the amendment and not the entire by-
law. Mr. Valanzola said he thinks the article should stay as written and they can propose
mixed -use at another Town Meeting. Mr. Jodice said he is concerned the board will not
have the grounds to deny a special permit for residential redevelopment.
Motion: To send a negative recommendation on Article 48 to Annual Town Meeting
(McClanahan- Cleary) All in favor. PASSES
Motion: To send a positive recommendation on Article 47 to Annual Town Meeting
(Cleary- French) 3 in favor. 4 opposed. FAILS
Mr. French explained the public hearings for Articles 42, 43, 44, 45 have been closed and
the board cannot take any additional public comment.
Article 42 — Citizens' Petition to rezone 396 West Street from Residential 2 to Industrial
1. The warrant article indicates this land could support 65 Over 55 apartments 55 and
over units by right [sic — 55 and Over is a special permit use in the R2 zone] and the
proposal to change to I1 would allow retail uses of up to 38,000 square feet total. Mr.
Burke noted the industrial use would require a 50 -foot buffer and a 75 -foot setback to
abutting residential uses. Mr. Jodice said there were some direct abutters who were in
Planning Board 6 6/7/2012
favor of the proposal. Mr. Burke said he thought some residents were concerned about
additional residential traffic on South Walnut Street using the access road between
Shaw's and South Walnut Street, and were not necessary supportive of the industrial use.
Motion: To send a positive recotnnendation on Article 42 to Annual Town Meeting
(McClanahan - Cleary)
Mr. Jodice noted that both 55 and Over and retail are special permit uses. Mr. Cleary
said this would add land to the town's industrial base and the site has industrial zones on
two sides now.
All in favor. PASSES
Article 43 - Citizens' Petition to rezone 383, 375, 395, 399 West Street from Residential
2 to Industrial 1.
Mr. French said some of the residents at the public hearing were concerned about
drainage issues. Mr. Oreste asked if the residents have drainage problems now. Mr.
McClanahan said the area has high groundwater. Mr. Cleary said an industrial use would
fit, but noted the residents did not support additional industrial development. Mr. Burke
said the residents have asked the board to respect the integrity of their neighborhood and
he asked the board to do that. Mr. Penney agreed and said the existing neighborhood has
been there for a long time and he is concerned about residents' back yards becoming
parking lots. He asked if there would be a way to require a developer to build a sound
attenuating wall if the land were rezoned. Mr. Burke said he didn't think there would be
a way to require that.
Mr. Oreste said the board has to make its recommendations based on what is in the best
interests of the town.
Mr. Penney said he would have liked to have seen more accommodation offered to the
abutters before this rezoning article was proposed.
Motion: To send a negative recommendation on Article 43 to Annual Town Meeting
(Jodice - MacDonald)
Mr. Jodice said he agrees with Mr. Penney that more of a compromise should have been
worked out with the neighbors before the article was proposed. Mr. Cleary noted a retail
use would be a special permit use.
Four in favor. Three opposed. PASSES
Article 44 - Citizens' Petition to create a new Business 4 Zone, Remote Business, for
four business areas currently zoned Business 3: Parcels 35 -231, 35 -31 and 35 -48
adjacent to the East Common; Parcels 6 -104, 7 -36, 7 -45 and 7 -44 on the southern side of
Otis Street; Parcel 15 -39 on the east side of Elm Street; and Parcels 31 -143, 31 -9, 31 -142,
31 -8, 33 -23, 33 -21, 33 -18, 33 -19 and 33 -119 on Eastman Street. The new Business 4
Zone would use the current Business 3 Schedule of Principal Use Regulations and the
current Business 3 Density and Dimensional Regulations.
Planning Board 7 6/7/2012
Mr. Jodice said he thinks this article makes sense.
Motion: To send a positive recommendation on Article 44 to Annual Town Meeting
(Jodice - McClanahan) All in favor. PASSES
Article 45 — Citizens' Petition to change 4.2.2, Schedule of Principal Use Regulations,
Business and Industrial Districts, to allow Fast Food Restaurant, Auto Service Station,
Drive -Up Window, and Mixed Business/Residential Use by special permit in the
Business 3 Zone and to increase the Maximum Floor Area Ratio for Retail, Office, and
Other non - Residential from 0.25 to 0.75 and to establish the Maximum Floor Area Ratio
for Business/Residential at 1.0.
Mr. Burke noted the petitioner said at the public hearing and then sent the board a letter
indicating the article will be amended to eliminate the fast food, auto service and drive -up
window uses.
Motion: To send a positive recommendation on Article 45 as amended to Annual Town
Meeting (McClanahan - Jodice)
Mr. Burke said 0.75 is very dense for residential and 1.0 is very dense for
business /residential. He said he agrees the density should be increased in the B3 zone
because the current density, 0.25, may not be enough to help redevelopment of the area.
Mr. Penney noted the parking regulations will limit development in this area.
All in favor. PASSES
7 Form A (ANR) Plans
8i Public Comment'
Mr. French asked if the train station access study could qualify for CEDS funding. Mr.
Burke said it may because transportation funding is one of the few types of projects being
funded lately. Mr. Penney said the train station access study would help more than just
the train station area in the future, especially with the east -west roads. He said he
appreciates the Board of Selectmen supporting the language change in the Planning
Board's funding article.
Mr. Cleary showed the board a list of the current TIFs.
Mr. French noted Articles I 1 and 12 on the Annual Town Meeting warrant are capital
requests for the municipal and school sides, respectively. Mr. Burke explained the
articles include all the capital requests and will be amended at Town Meeting. Mr.
French said the Capital Improvements Committee voted on a list of requests to support
and asked why that list is not included in the warrant.
Planning Board 8 6/7/2012
Mr. French said the Planning Board will be asked to make recommendations on a number
of articles to Town Meeting. Mr. Penney said he will make the board's recommendation
on Article 23, the Planning Board's article. Mr. McClanahan said he would make the
board's recommendations on Article 41, street acceptance, and Article 46, the sale of
Essex Street land.
To adjourn at 10:15 p.m. (McClanahan -) All in favor. PASSES
Next meeting: May 9, 2012 at 7:00 p.rn.
Annual Town Meeting: Tuesday, April 24, 2012
Signature of Clerk, i
Date of Approval
Planning Board 9 6!7!2012