Loading...
HomeMy WebLinkAboutPLANNINGbrd_02122014 f � Planning Board Minutes February 12,2014 f Present: Tom French, Chair; Beth Ashman-Collins;Clerk; Don Clear Ralph P Collins,Rich LeBlanc Y, enney, Cheryl Shaun P. Burke, Director of Planning and Development; Jennifer Crotty Davis, Administrative Secretary 1 eeti as e x a .u�.< `r. .v,`a'°kr'P' '-'`d`S�¢ ki��' + �y.-�.m na yy §� �S ' *u.-0 ` ''�'stv �a�"��,�9.gd �!��+a �.r�'^S S��,ua"3- �. .� h d max. k� � "� 4,,,:•• �� �� �� �t�3 p� i&a"� AIA Y3tk5��, PCx�i� °d K t� r ��V g � t �* , � W rt k t ,�otope e t btVsei iwe a TM 4* .et * � � � t < �1. January 29, 2014 Minutes Mr. Penney said he agreed with Mr. Burke that an overlay district is difficult to explain to Town Meeting. Motion: To approve as submitted (Penney-Cleary) All in favor. PASSES 2. ZBA application for Variance—315-339 School Street—Sign—The Pavilion. Mr. Burke explained the original special permit has a condition requiring Planning Board review of the site if a variance were sought, so the board will see this again if the ZBA grants the variance. This application is for a 17-foot high, two-sided sign with about 112 square feet of area on each side where 60 square feet is allowed. The site, with two buildings, would be allowed one pylon sign per building by right. Mr. Burke said he doesn't think there will be much exposure along Route 495 when the second building is built. Mr. Burke said the existing retail signs along School Street did not receive any variances, although the sign at the back of Mansfield Crossing adjacent to the Route 140 on-ramp did receive a variance. Mr. French asked about the board's history with sign variances; Mr. Burke said the board has always considered signs on an individual basis, and said it is very difficult for a sign to meet any of the tests for the grant of a variance. Ms. Ashman-Collins said she would prefer two conforming signs, but understands there are issues with the sewer easement. Mr. Burke said the town wouldn't want a sign in the easement. He said there are locations on the site where two signs could be located. Mr. Penney said he is not in favor of billboard signs, but said the town's sign by-laws are somewhat restrictive. Mr. Burke said there are two issues; the height and the area. Ms. Ashman-Collins said she thinks 15 feet would be sufficient to see the sign. Mr. Burke suggested the sign could be reduced to 15 feet and conform with the height requirements. Mr. French asked the size of the concrete blocks at the bottom of the sign; Mr.Burke said the plans do not show a dimension. Mr. French asked if this sign would be larger than the Mansfield Marketplace sign;Mr. Burke said this would be 2'10"higher and almost four times the area. Ms. Ashman-Collins said the sign isn't set back very far from the road. Mr. Penney asked about two smaller signs on either side of the driveway. Mr. Burke said by right, they could build one 15-foot high pylon sign with 30 feet of area for each building. Mr. French said he understands the desire for one sign. Ms. Collins said the proposed sign is too large. Ms. Ashman-Collins said she would not be in favor of a variance for a sign of more than 60 feet. 1 2/12/2014 Motion: To send the ZBA a negative recommendation on the plan as presented because it i the opinion of the Board the sign is both too large and too tall. Additionally, it is the Board's r understanding that all the existing commercial signage along that portion of s conforms to the Zoning By-Law. The board understands the applicant's efforts avoid t constructing two signs on this site. However, should the Zoning Board of Appeals grant relief, the Planning Board members feel strongly that one sign should not exceed the combined height and area which would be allowed on two by-right signs. (Penney-Ashman-Collins) All in favor. PASSES 3. ZBA application for Variance— 18 Martha's Way—Frontage—William McDermott Mr. Burke explained this is a 17-acre lot off Balcom Street with an Order of Conditions from the Conservation Commission. The applicant seeks to divide the lot into two parcels, donate one to the NRT and keep the other as a house lot. A lot of the NRT parcel is wet and it abuts the Wading River. Mr. Burke said he has spoken with the NRT, which is interested in acquiring the property. He said the variance issue is altering the existing lot and creating a new lot with no frontage; there would be an access easement to the NRT land. Mr. French asked if a Form A plan would be done if the variance is granted. Mr.Burke said that would be the simplest way to do it, but said if a variance were to be granted, the Form A plan would have to include a statement that says the NRT lot is not a building lot. Motion: To send the ZBA a positive recommendation (Ashman-Collins-Collins) All in favor. PASSES 4. Public Hearing notices 5. February 6, 2014 email from Nick Riccio,Inspector of Buildings re: Sidewalks at Lincoln �, Place Subdivision. Mr. Burke explained he and Mr..Riccio have spoken about this issue. The developer is getting ready to close on several lots and the sidewalks are not installed; Mr.Burke and Mr. Riccio feel the sidewalk work should be done in the spring. �k0 `" ry „. m r :� .,,S Sys�y 1 x "3, 7Ati nS,d,ir�«. ' 6.4 krr k' 1 Mrs flc"v` P * d 14'44'=z rfi y ,VA, z. r ^,x , ;� ��'.r ,,±d'e�r °� s�Y ex<4��c'k,�`i �y^x�p��v1�.e� x,o£.��;�> �i",�+�c,',��t°r�rfl �° tea„ „v s � �',. �,,�, 4 „ 6 al ®��'.o `Pub 1C C 'n ws �, �.DU o' � � r- ni b ,�t h. n eotnu � z �� �V 4 P � '' g i'irl' ' : fie f °®t,4t,v,�s,1,*,2 f�' nton "'A Stretr .��� toi; gT .' �n � ��a �. - ',"''�-�''`fr6 r,,�:�,4_., ,. -', %`,'�i+t3.4- .�a>a;'�-. 'r,," hard 0.3 '4rk. Motion: To continue the public hearing to March 26, 2014 at 8:00 p.m. (Penney-Cleary) All in favor. PASSES B4 Gateway Business The outlying businesses will stay B3 with no changes, and the Copeland Drive corridor becomes B4, Gateway Business. Mr. French noted the 20-foot rear buffer zone should be in 4.3.6 A.2 rather than 4.3.6 B 1.a. Bill Clemmey asked if the changes to the setbacks were intended to keep the building close to the street; Mr. French said they are. Mr. Clemmey asked if the landscape buffer setbacks are intended for the B4 zone only; Mr. Burke said they are and said he would add a line to specify that setback is for the B4 zone. 2 2/12/2014 Mr. Penney said at Town Meeting last year, the Copeland Drive abutters were concerned about the setbacks and landscape buffering, which is why the B4 district. Y he 20 foot buffer strip will be added for the Mr. Clemmey said last year's B3/B4 article included ark' this article. .Mr. French said that proposal was for onespace g changes, which are not included in Burke said the board did discuss including that in this article. He s said square feet of building.a r n Mr. towns reducing their parking demand, said there has been a trend in Mr. Penney said there would have to be a public hearing to hear abutter position if there is a lot of opposition would be to simply butter comments:: He asked if a this year. Mr. French said the wording would be finalized by the m time the names of the zones any changes beyond that would have to be done at Town Meeting. e of the public hearing, so Mr. Clemmey said the parking change doesn't really have anything to and suggested it be a separate article. Mr.French said the change in ark parking would B3-B4 change the business zones. Mr. Burke said 2013 Town Meeting reduced parking requirements would impact all PBD. Ms. Ashman-Collins said separating the parking issue from the B3_B vli in the. said she was concerned about adding another article this year. Mr. Burke agreed. valid idea, but Mr. French asked how Mansfield Marketplace and The Pavilion are parked; are parked at five spaces per 1,000 feet of gross floor area, except the restaurant ant Burke said they use, which i one parking space per four seats. Mr. LeBlanc said a restaurant use is more dense than retails has Mr. French said restaurants also have more employees than retail uses. Consensus of the board was not to include changes to parking requirements in the bu with this article. sines zones Mr. Cleary suggested getting someone from the Finance Committee to help with the presentation of the article at Town Meeting. Mr. Penney said the board would have to work on buildin consensus before Town Meeting. g Medical Marijuana Mr. Burke explained he has changed the wording "Medical Marijuana Dispensaries"rather than "Clinics." Mr. Penney distributed an article from the Sun Chronicle about medical marijuana users in Attleboro. He said he isn't sure the town should relegate the use to the industrial park, but rather regulate dispensaries more like pharmacies. He said the product helps people, and he doesn't think those who abuse marijuana would be likely to use licensed dispensaries; Mr. French said they might because they would not have to worry about obtaining it illegally. Mr. Cleary said most people would not want this use next to their residence. Mr. Burke suggested it 3 2/12/2014 could be changed to a use by right in the PBD and/or the setbacks could be removed. He said a special permit would give the board more latitude about issues like hours of operation and ownership. Mr. Penney suggested leaving in the setbacks from schools and daycare centers;suggested leaving in the setbacks from residential uses. y ers; Mr. Consensus was to leave medical marijuana as a special permit use in the PBD and to remove the setbacks except for residential zones and uses, schools and daycares. Airport Mr. Burke said he has spoken with Lou Andrews, who agreed to the change from"* to "A"in the Table of Uses. Mr. Burke said he has offered to assist Mr. Andrews at Town Meeting. Revised Adaptive Reuse of Historic Structures Mr.Burke explained the revision has eliminated the lot area requirement and lowered building size from 20,000 to 2,000 square feet. Mr. French said that makes sense because many of the lots that could be impacted are small. Mr. Burke said the buildings vary greatly in size. Mr. Burke said he has spoken with the developers who are looking at the reuse of the Chocolate Factory, who said they can work with this by-law. Mr. Penney asked why those people wouldn't present the article. Ms. Ashman-Collins said this could impact several buildings in town, so it would be important for the board to prepare and sponsor the article. Mr.Penney said the article presented at 2013 Town Meeting would only have applied to a few buildings. Mr. Burke agreed, but said this is a completely new article. Ms. Ashman-Collins said the board historic discussed the need to amend the existing Older Building Reuse by-law to help p structures. Mr. Cleary said the use would still be a special permit, so the board would have to find a redevelopment project to be in the best interest of the town. Mr. Burke said if this article were to pass at Town Meeting, it would not allow any redevelopment, it would simply create a process people could use to apply for redevelopment projects. Mr. Penney said he is opposed to taking land out of industrial use because once it is changed, it will never be changed back. Ms. Ashman-Collins said if a historic structure is torn down,it would never come back. Mr. Penney said he would like to see the chocolate factory building saved, but he would also like it to produce jobs. He said he appreciated Mr. Barnaby's openness at the last meeting, and said his proposal for mixed-use may be a good compromise. Mr. French said the current Older Building Reuse by-law would only allow reuse of a school or municipal building. Mr. Penney asked what the North Main Street Fire Station could be;Mr. 4 2/12/2014 Burke said because that is in a business zone, there are already many uses allowed. Mr. LeBlanc said the board should think about what the unintended consequences might be, such as a ro p osal to turn the Methodist Church on North Main Street into something like a shoe factory. Ms. Ashman-Collins said because it would be a special permit, the board could place conditions on it. Mr. Clemmey said this would create a use variance on old buildings. He said the draft by-law says the applicant shall adhere "as closely as possible"to the requirements of the underlying zone. Ms. Ashman-Collins said a lot of older buildings are non-conforming and it would be a special permit use. Mr. Clemmey said this would be the only place in town to allow shared parking; Ms. Ashman-Collins said shared parking is a new idea that would make sense for a mixed-use development. She said the shared parking would be part of the special permit process and the board would look at each application individually. She said this by-law would give property owners more options, but does not restrict owners from removing the buildings. Residential Compound Mr. French asked if the board wants to keep or remove the by-law. Ms.Ashman-Collins said there have been problems with this by-law. Mr. Penney said if it stays in, the road specs should be tightened up. Mr. LeBlanc said if the road was required to meet town standards,it may as well be a town-owned, rather than private,roadway. Mr. French said if the town required a residential compound road to meet town standards, it would have to inspect the construction, which would put the town in a position of responsibility for what would become private way. He said the private roads in residential compounds are owned by homeowner's associations,which can cause problems when maintenance issues arise. Mr. Penney said residential compounds present a headache for the board, the town and the residents. Mr. French said the town doesn't hold surety on a residential compound. Mr. Penney said problems arise years after the road is built and the homeowner's association has not put aside funds for maintenance. Motion: To present a warrant article to strike Residential Compound from the Zoning By-Law (LeBlanc-Ashman-Collins) All in favor. PASSES TOD Ms. Ashman-Collins said it is important to have this by-law in place as the traffic study wraps up. Mr. Burke said this is the same by-law and map that was presented to Town Meeting in 2013, for which the board held a number of meetings and hearings,but which was withdrawn prior to Town Meeting. Mr. Burke explained the TOD map includes portions of several zones with 64.5 acres,proposed as an overlay district. He said the he town's GIS buildout study has been completed and SRPEDD's build-out, based on current and TOD zoning, is in draft form and should be available in the next few weeks. He said SRPEDD's draft shows the town breaking even in 10 years and a$15 million build-out based on the draft TOD zoning,which would be a significant increase over the minimal taxes the town is getting on the land now. 5 2/12/2014 Mr. Burke said this is a complicated by-law, but it has to be to address new uses and things like shared parking. He said the by-law looks at higher density in the TOD area. He said one of the way to finance new access is to have the site be development ready and the town should be setting the stage for development through its zoning. Mr. Burke said UMass Dartmouth has done a platform survey of uses people would like to see around the train station area. Mr. Burke said the SRPEDD buildout study used 2012 tax rates, which have gone up, so it actually underestimates the potential revenues. Mr. Burke asked the board to review the draft and provide input. He said with the backup documentation,like the build-out studies, this will be easier to explain and present to Town Meeting. He said if the board would like to have the Finance Committee support the by-law at Town Meeting, he will provide them with the necessary information. Mr.Penney said he thinks the question that will be asked at Town Meeting will be about how to do the TOD zoning without the access figured out. He said he thinks the infrastructure has to be in place first. Ms. Ashman-Collins disagreed and said the zoning should be the first step. Mr. Burke said the town is the largest land owner in the train station area. Mr.Penney said he would rather have plans in place, but doesn't think now is the time; he said the town should have a handle on the traffic first. Mr. Burke said the by-law includes a requirement for each applicant to demonstrate they have adequate access to their site, so developers would have to work with the board to develop access or they would not be able to go forward. Ms. Ashman-Collins said this is an important opportunity, and the board should work on finalizing the by-law. Mr. Burke said the board has to consider what is in the best interest of everyone in town. Ms. Collins said the TOD area would be an asset to the town. Ms. Collins said she thinks the February 24 public meeting with BETA might help the board understand what the public wants to happen. Mr. Burke said the public and private sectors will have to work together because the town will not be able to accomplish this on its own. Mr. Cleary said if the zoning isn't in place, developers are not going to come to the area. Mr. Penney said the plans for the roads should be in place first. Mr. Burke said this is the time for the town to put the framework in place and define the density. Ms. Ashman-Collins said she is not concerned about having to amend the by-law in a few years if it turns out some of the numbers were wrong, but she is concerned about not doing anything. Mr. Burke said the train station area was the second priority that came out of the Strategic Planning process, and it should be addressed. Ms. Ashman-Collins said the MBTA is planning to spend $2 million around the train station area soon. 6 2/12/2014 Mr. Penney said he wants to see this done,but he is uncomfortable with the timing. He said at the last BETA meeting, there was opposition to BETA's estimate of almost 3,000 parking spaces. Mr. Burke said BETA has since been given direction to prepare its numbers based on current and TOD zoning. Ms. Ashman-Collins said the TOD zoning will establish the worst- case parking scenario; Mr. Burke said no one wants 3,000 parking spaces. Mr. Burke said the MBTA is moving forward on its own schedule, and the town can either be part of it or may miss out. Ms. Ashman-Collins said she is concerned about the state putting money into new development without the town's input,resulting in something the town does not want. She said she would like the board to have the opportunity to discuss the TOD proposal. Mr. French said Mr. Clemmey proposed some density changes last year and asked if Mr. Burke has looked at that. Mr. Burke said this draft is the same as the by-law proposed at 2013 Town Meeting. He said the draft by-law includes density bonuses and noted he used the Commonwealth's Smart Growth numbers to help determine density. The by-right density is eight units per acre, with the bonus density of 15 units based on the community benefits package, which would include things like streetscape and public space. Mr. French said some of those items could not be done on this site; Mr. Burke said some of the proposed benefits may be more appropriate for residential uses. Mr. Penney asked what the draft was modeled after; Mr. Burke said he used elements from a number of existing by-laws from around the country. Mr. Burke said additional density bonus would be based on additional community benefits. Mr. Penney said some people in town do not use the train and so not want traffic to increase. Mr. LeBlanc said he understands this is a difficult site and agrees it should be looked at in conjunction with the traffic. He said he agrees with Ms. Ashman-Collins that the train station area looks desolate and asked if there is funding available. Mr.Burke said he thinks there is. He said he was told at a recent meeting that Bob Kraft is talking about putting money into upgrading the rail line between Mansfield and Foxboro in the hopes of bringing a Super Bowl to Gillette Stadium. He said that would mean an investment from the MBTA to acquire the tracks from CSX, which would give Mansfield a better opportunity for a grade crossing. He said if the MBTA acquires the rail line, it would be good for Mansfield because the town wouldn't have to deal with CSX for the crossing, which would be huge for access. Ms. Ashman-Collins said she is eager to see this go forward because it would provide the development framework first, rather than simply a parking plan. Mr. Penney said he doesn't disagree, but he is concerned about timing. Mr. Burke said he thinks the town wants something done. Ms. Ashman-Collins said she thinks the board can sell it to Town Meeting, and the zoning has to come first. Mr. Burke said the TOD by-law would have to articulate the vision. Mr. Penney said there are concerns about Mansfield becoming a regional train station; Ms. Ashman- Collins said Mansfield is already a regional train station. Mr. French said one of the reasons the train station stayed downtown was because the business people wanted it as a way to attract 7 2/12/2014 business and keep downtown vibrant. Mr. Burke said there is currently for transportation, which could change with a new administration. Mr.Penney said he was level surprised the state voted to fund the Fall River-New Bedford rail line. Mr. Burke said the state has spent a lot of money around the Attleboro train station because it is supportive of transportation, redevelopment and downtown areas. Mr. Cleary asked about green space around the train station as a bonus; Mr. Burke said may be other community benefits that would be more appropriate to the site. there Mr. French asked Mr. Burke to look at the number of by-right units and whether it should more than eight, as well as how realistic the bonuses are. He said the by-law would have to be usable for developers. Mr. Penne y suggested a bonus for the reuse of historic buildings or the creation of facades with historic elements. Mr. Burke agreed the by-law would have to be usable. Mr. LeBlanc suggested inviting people in to ask them how they would do this sort of development. Mr. Burke said the first time around,neighborhood residents and commuters were about the density. Mr. LeBlanc said if it were done thoughtfully, it could increase e abutters' land values. Mr.French said there is still an issue with traffic. Mr. Burke said three have been studies that show TOD development reduce residential vehicle trips because there are more services and businesses within walking distance. Ms. Collins said she hopes the next BETA meeting will be able to undo the vision of multiple parking garages that was brought up at the December meeting and make the parking discussion more realistic. Mr. Clemmey said the board should have copies of the studies discussed earlier and said he would like them as well. Mr. Burke said the SPREDD study is in draft and should be available in the next few weeks, and the UMass platform study is available. �.AI1CCril n r 64,a w� gg o w x�F rfi „Kt.;J Ya io'ti r4:,,k 4 ri r :$,(far 2, 3 tx. t�"4'rt * IR IINT4IMP 7 5 I l aP 'a'a o� f 4 e=.M c a , ,.:44,1 ,, ^t �Mr. Penney asked about the duplex being constructed at Pratt/Crocker Streets. Mr. Burke said after the board denied the special permit for a three-family development on the lot, the propert. was granted a variance for a duplex. y Mr. Penney asked if any downtown businesses have taken advantage of the valet parking by-law. Mr. Burke said since that was adopted, the only restaurant that has changed hands was Casey O'Connor's, which is now Flynn's. 8 2/12/2014 Mr. Penney asked if any downtown businesses have applied for permits for A-frame signs. Mr. Burke said he is not aware of any. Mr. French asked about BETA's progress. Mr. Burke said he and the Town Manager will be meeting with BETA next week to make sure the February 24 meeting goes well. Mr. French said Norton is proposing to extend the bike path to connect with Mansfield's portion on Fruit Street, which was supposed to happen when it was originally built. Mr. French said Dr. Dulaski's letter mentions concerns about TOD and asked to what he referred. Mr.Burke said that letter was in response to the December BETA presentation. Mr. French asked Mr. Burke to send Dr. Dulaski the draft TOD by-law. Ms. Collins suggested inviting Dr. Dulaski and his students to the BETA meeting; Mr. Burke said he has spoken with Dr. Dulaski about that meeting. 7!... °. 4010Ii Motion: To adjourn at 10:00 m. (Penney-p• � Y ) All in favor. PASSES Next Planning Board Meeting: BETA Public Meeting: MONDAY,February 24, 2014 at 7:00 p.m., Room 3 a/b Next Regular P inning Bo. 0 Meeting: February 26, 2014 at 7:00 p.m. ature of Clerk Date of Approval 9 2/12/2014