HomeMy WebLinkAboutPLANNINGbrd_04302014 Planning Board Minutes
April 30,2014 =' CFI�JFd
Present: Tom French, Chair; Beth Ashman-Collins, Clerk; Michael McClanahan Don C1ey
,OFFICE
Ralph Penney, Cheryl Collins, Rich LeBlanc; Alternate Mike Feck
Shaun P.Burke, Director of Planning and Development; Jennifer Crotty Davis,'Adt 'r_ iist ati 11: 5 I
Secretary
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1. Minutes April 16, 2014.
p. 1 #2—Ms. Collins said the building is shrinking,which is good. In the same paragraph,
Mr. Penney said Mr. McClanahan said The Pavilion special permit has been modified several
times, Mr.Penney said he thought it had been modified once.
Motion: To approve as amended (Penney-Collins) All in favor. PASSES
pr e p
Jim DeVellis,P.E., DeVellis Zrein,explained the property owner,the Mansfield Music and Arts
Society, has a purchase and sales agreement to sell the property. The applicant is proposing a
self-storage facility on the 7.5-acre parcel off Wood Avenue. Access would be from Wood
Avenue or an easement through properties on Route 106. The proposed facility would be a
160'x120', four-story building. Mr. DeVellis said the plan exceeds the open space requirement
and there would be one staff person during business hours.
[Mr. McClanahan arrived at this time]
Mr. DeVellis said the stormwater detention basin will collect runoff from the roof and parking
areas and the existing spotty wetlands will be connected with the stormwater system. A Notice
of Intent has been filed with the Conservation Commission and there is a draft Order of
Conditions.
Christine Walsh,Annino Associates, showed the board building elevations from the corner of
Route 106 and 140 and from Wood Avenue. The four-story building, will have brick on the first
floor and scored metal panels on the upper floors; the majority of the windows will be clear
glass. Cars will drive into the first floor using a key card;the storage units will be different
sizes.
Mr. Penney asked what kind of clientele this use would attract. Ms. Walsh said it would be
homeowners and small business owners with stock to store, like contractors. She said there
would be no hazardous materials stored on site.
Ms. Walsh said facility will not be open 24/7; the office will close 5-6 pm and the storage area
around 10 pm. Mr.DeVellis said the owner will be the operator of the facility.
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Mr. DeVellis said he spoke with Mr. Burke a number of times prior to filing, an d the have met
with the department heads. He said there was a question raised about drivers using the site's
driveway as a cut-through during peak traffic times. Mr. Penney asked if the access easements
have been granted for the dentist's office at 282 Chauncy Street; Mr. DeVellis said they are
working on that; however, he said this site has an existing 25-foot easement to Chauncy Street.
Mr. Devellis said they plan to pave the gravel portion of Wood Ave and will have key card
controlled gates so people cannot use the driveway to cut through. He said they will work out
public safety access to the gates.
Raj Moholtry,business owner, explained he has been in the self-storage business for about 25
years, and said this design will be different from the standard long box building. He said
typically,the self-storage unit's tenants are about 25% commercial, like contractors,and the rest
homeowners. He said there is more activity during the summer months. Hours of operation will
be seven days a week,with the office hours Monday through Friday, 8 am—6 pm; Saturday 9
am-5pm, Sunday 12pm-4pm. He said access to the storage units will be with a computerized
system, but because of security concerns, he does not want 24-hour access. He said the hours of
access to the storage units will be a function of the customers' needs, approximately 6 am-10 pm.
Mr. French asked if the board can regulate the hours of operation in the site plan decision. Mr.
Burke said he doesn't think the board can regulate the hours through site plan, but said if there is
a nuisance,the building inspector would respond. He said during the staff-level meetings, the
plan evolved to a single-building as far from the wetland and residences as possible.
n Ms. Walsh said the building will be four stories,45 feet high.
Mr. Penney asked about peak hours;Mr. Moholtry said peak is Saturday,with weekdays much
slower.
Department Head Comments
The clerk read memos from Mr. Gaffney, Lt. Tebeau,'Mr. Burke, Mr. Cox and Mr. Leite.
Ms. Walsh said the building will be fully sprinklered, with two standpipes in the stairwells.
Renters will have to sign a contract stating no hazardous materials will be stored on site.
Mr.DeVellis said they will be returning to the Conservation Commission in the next few weeks,
and there is a draft Order of Conditions. He said he will supply a copy of the agreement for the
existing 25-foot wide access easement.
Mr. DeVellis said they do not have a lighting plan at this point. He said the lights will be
shielded and facing into the site,with architectural lighting on the building.
Ms. Walsh said they have not finalized the building's colors, but will have a final version and a
sign package for the next meeting.
Mr. Moholtry said the business usually generates about one car per hour for each 100 units. He
said the site will have 500-600 units, so there will be five to six cars per hour. The peak
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weekday hours will be early morning and late evening, with many customers coming only
monthly.
Ms. Walsh said there will be a parapet to screen the rooftop mechanical equipment.
Board Comment
Mr. McClanahan said he is concerned about how the building will be lit at night. He said the
proposed improvements to Wood Avenue will be a good thing.
Mr. Penney said this would be an innocuous use for the area.
Ms. Ashman-Collins said she would like low night lighting, and the low traffic will be good for
Wood Avenue.
Mr. Cleary asked about security cameras; Mr. Moholtry said security is important to him and
there will be cameras, including inside monitors for after-hours security. He said a security
company monitors the after-hours security,which calls the police if necessary.
Mr. Cleary asked about landscape buffers; Mr. DeVellis said they are about 350 feet from the
closest residential use. Mr. Burke said the site conforms to the landscape buffer requirements.
Mr. Cleary asked if the planting plan will include more detail; the landscape architect said the
road is right up against the 25-foot no disturb zone and there will be a 10-foot landscape buffer
along Wood Ave.
Mr. LeBlanc said the building should be well lit when the business is open, but not overly lit
when closed. He asked about Wood Avenue; Mr. Burke said it is partly paved, with a granite
bound delineating the end of the public way. Mr. DeVellis said it will be paved and have curb
access. Mr. McClanahan said it is a public way,but the only traffic is deliveries to the back of
the existing stores. Mr. French said those stores will have to remove anything within the Wood
Avenue right-of-way. Mr. DeVellis said the surveyor will develop a layout and work with the
town and the existing businesses.
Mr. LeBlanc asked if the easement to Route 106 is being worked out among the property owners.
Mr. DeVellis said there is an existing easement to this property, which is not connected with the
easements for the office/retail use permitted September 12, 2013.
Ms. Collins said the landscaping includes an excellent variety of plants. She said the existing
stores may be motivated clean up the back of their stores if Wood Avenue gets more traffic.
Mr. Feck said he likes the concept and the plan to prevent traffic from cutting through.
Mr. French said this would be a good use for the property and would be a low traffic generator.
He asked if any staff would live on site; Mr.Moholtry said they would not.
3 4/30/2014
Mr. French asked about the floor-to-floor height. Ms. Walsh said the first floor will be 16 feet,
the second and third floors will be 10 feet, and the four floor will be 10 feet. Ms. Walsh said the
building height will be approximately 45 feet, but the towers will be higher. The board told her
anything over 45 feet would require a variance. Ms. Walsh said she would look at the tower
height.
Mr. DeVellis said they will show the gates on the revised plans. Mr. Burke suggested working
with public safety about access through the gates. He said there is a lot of pedestrian activity in
the area at lunchtime, so there were concerns about drivers using this site as a shortcut, and he
thinks the gates will help with that. He said the owner, architect and engineer have worked very
well with staff to prepare a good plan.
Motion: To continue the site plan discussion to May 28, 2014 at 7:30 p.m.
(McClanahan-Penney) All in favor. PASSES
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Attorney Edward Valanzola and Tim Powell, representing the developer
Attorney Valanzola explained the size of the building would be reduced from about 31,000
square feet to about 14,000 square feet and the bank replaced with a Dunkin Donuts. He said the
2010 special permit clearly states the developer did not intend to put in a fast food use,but that
there might be a coffee shop, which would not be considered fast food. He said the bank was
proposed with two drive-through lanes;the Dunkin Donuts will have one drive-through lane.
n Mr.Valanzola said the parking,traffic flow and amount of impervious surface have not changed
with the new plan, and the square footage of the building has been reduced by almost 50%. He
noted the special permit requires a traffic study two years after the issuance of the first certificate
of occupancy.
Mr. French asked if the parking would still conform; Mr.Burke said it would.
Mr. McClanahan said he is concerned about the traffic changes with a Dunkin Donuts.
Ms. Ashman-Collins asked if there would still be office uses; Mr. Valanzola said the second
floor would be office use.
Mr. Burke said the minutes reflect the Planning Board's discussion about making a unique
finding on this site that a coffee shop would not be considered a fast food use. Ms. Ashman-
Collins said she is concerned the 2010 special permit does not specify that Dunkin Donuts is a
coffee shop. Mr. French said a fast food use like MacDonald's would have similar peak hours to
Buffalo Wild Wings,but a Dunkin Donuts would have different peak hours.
The clerk read an April 30, 2014 letter from Attorney Valanzola.
Mr. McClanahan asked about parking across the street. Attorney Valanzola said the crosswalk
and blinking light should be installed in May,but that they do not have a parking agreement with
4 4/30/2014
Mansfield Crossing. Mr. Powell said there will be a sidewalk installed to the Border's entrance
/'1 driveway,probably at the same time as the crosswalk and light.
Mr. French said the board discussed who should make the decision about a change to the special
permit being significant or not. Mr. Burke said he didn't think the change is significant, but if
the board can require the special permit to be modified.
Mr.French asked for a new building elevation. Mr. McClanahan said his only concern is about
the traffic. Mr. Penney said the Board of Selectmen have added streetlights in this area of
School Street. Ms. Collins said she is concerned about left turns going into and coming out of
the site in the morning when the school busses are running.
Mr. Burke said coffee shops are not destinations, their patrons tend to be people who would
already have been driving by the site on their way to someplace else.
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&& 44
Mr.Clemmey distributed an amended article specifying a reduction in parking for a"single
tenant"over 25,000 square feet.
Motion: To close the public hearing (McClanahan-Penney) All in favor. PASSES
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Article 20—Transit-Oriented Development Mr. French said the board had put off voting on the article pending receipt of the BETA study,
which has now been received. He said he thinks the report came out well and addresses what the
board wanted. Mr. Burke noted this is the final draft, but there will be two appendices,including
the traffic counts and full-sized plans. Mr. Penney said he was disappointed the Planning Board
was only able to meet once with BETA.
Motion:. To support Article 20 (Ashman-Collins-Collins)
Mr. McClanahan said he is concerned about the proposal for a parking garage study in the
Annual Town Meeting warrant. Mr. French said Mr.Ross has explained he wants to be able to
have a person working on the town's behalf. Mr. McClanahan said the town should not become
a host community and should have open-air parking. Mr. Burke said he doesn't think TOD turns
on a parking garage. He said he understands what the Town Manager wants to do,but thinks the
timing is unfortunate. He said he thinks a parking garage study could be used to help the town
evaluate what it really needs, rather than have someone else, like the MBTA,tell us what we
need. However, he said he doesn't think the possibility of funding for a parking garage study
should impact the TOD article. He noted zoning changes can take years to take effect, such as
mixed-use downtown, which was adopted in 1989 but not used until very recently. He said the
TOD zoning can be amended as the town's needs change. Mr. French noted having the TOD
zoning in place could help with funding through programs like MassWorks. Ms. Collins said
this has to be moved forward. Five in favor. Two opposed. PASSES
5 4/3 0/2014
Article 22-Citizens' Petition to allow 55 and Over in Rl when owned and managed by a
religious-based non-profit entity. Mr. Penney said he would abstain from this discussion.
Mr. French asked who would present the article. Mr.Burke said he would speak with the Town
Manager about his plans for the presentation.
Mr.French said he thinks 55 and over is the wrong use in the Rl zone. Mr. McClanahan said he
is concerned about setting a precedent, as well as what other parcels this could impact. Ms.
Collins asked if the applicant could come back under the Dover Act if the zoning change is not
adopted. Mr.French said they may be able to,but that is not the question before the board at this
time. He said the town voting on this article at Town Meeting could buttress the town's
argument if there is a legal challenge under the Dover Act, because the voters would have
spoken on the issue.
Motion: Not to support Article 22
(McClanahan-Feck) Five in favor. One opposed.One abstained. PASSES
Article 43-Citizens'Petition to reduce parking requirement for retail over 25,000 square feet
from five spaces to four [as amended at April 30, 2014 public hearing to specify"single tenant"]
Motion: To support Article 43 as amended (Ashman-Collins-LeBlanc) All in favor. PASSES
Article 44 - Citizens' Petition to change FAR in I3 from 0.25 to 0.5
Motion: To support Article 44 (McClanahan-Penney)
Ms.Ashman-Collins said this would be a bad move because it would allow more density while
avoiding the special permit requirements and design guidelines of TOD. Mr. Penney said some
of the I3 is not within the TOD zone. Mr. French asked how much of the TOD is outside l3;Mr.
Burke said the town-owned Hatheway-Patterson site, KirleyMasonry, APR,the office condos at
125 High Street and a small piece on Oakland Street are in l3 but outside TOD. Mr. Penney said
this could help the I3 areas outside TOD by allowing slightly higher densities; he said the
increase would fit the area. Mr. Cleary said it would double the FAR. Ms. Ashman-Collins said
there would be no special permit requirement, so the board and the public wouldn't have the
opportunity to see the plans. She said she wouldn't want to increase density for by-right uses
outside the TOD zone. Mr. Penney said the TOD would be an overlay district,so a property
owner could develop with the existing I3 zoning or with the new TOD zoning. Mr. Cleary said
he thinks the board's idea with TOD into encourage homogenous development in the train
station area. Mr. Penney said he doesn't think this runs counter to the TOD zoning. Ms.
Ashman-Collins said she is concerned it would lessen the positive impact of TOD.
Two in favor. Five opposed. FAILS
6 4/30/2014
Motion: To not support Article 44
(Ashman-Collins-Collins) Five in favor. Two opposed. PASSES
Article 45—Citizens'Petition to allow two-family in R2
The article will be amended to allow two-family in R2 with a special permit only if it abuts R3 or
industrial.
Motion: To not support Article 45 as amended (Ashman-Collins-Cleary)
Ms. Ashman-Collins said she doesn't think this would be a benefit to the zone and it is important
to keep zoning consistent. Mr. McClanahan noted it would be a special permit use. Ms.
Ashman-Collins asked Mr. Burke about case law allowing a zoning change dependent upon
abutting uses. Mr. Burke said he has seen setbacks, but not uses,dependent on abutting uses.
Six in favor. One opposed. PASSES
Article 46 Citizens' Petition to rezone 33 Henry Street from B3 to R2
Motion: To support Article 46 (McClanahan-Collins)
Ms. Ashman-Collins said this lot was used by the day care center and could be used for
commercial use again. Mr. Penney said the empty lot has become an eyesore and a new house
there could help buffer the neighborhood. Mr. LeBlanc said he would like to see more small
houses built in town, but said he was concerned about rezoning a single lot. Mr. Penney said the
parcel is a finger of commercial land sticking into the residential zone; he said he would have
liked to have seen it go with the commercial lot next door, but that hasn't happened. Mr.
LeBlanc said he is concerned about changing zoning because a site isn't being fully utilized
under its current zoning. Mr. French said he doesn't have a problem with this change. Ms.
Collins said she would rather see the lot used than stay vacant. Mr. LeBlanc said there were two
neighbors at the public hearing, one of whom was concerned about a house interfering with sight
lines.
Six in favor. One opposed. PASSES
Mr. McClanahan said the Board of Selectmen voted 5-0-0 not to support Article 27, to delete the
Residential Compound by-law,and asked the board to reconsider its vote.
Motion: To reconsider the vote on Article 27
(Ashman-Collins-LeBlanc)
Mr. McClanahan said since 1989, there have been 17 residential compounds with 65 lots
permitted, and said there have not been any written complaints about them.
7 4/30/2014
Mr. French said he has an issue with the roads being private. Mr. McClanahan said he doesn't
think the town wants more roads to maintain. Ms. Ashman-Collins said private roads still cost
the town money because it runs school busses on them.
Mr. French said deleting the by-law wouldn't change existing residential compounds.
Ms. Collins said she is concerned about the board being so divided on this article,and suggested
looking at the by-law later. Three in favor. Four opposed. FAILS
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[Mr. Feck and Mr.Penney left the meeting at this time]
2. April 24, 2014 letter from Stan Feck re: final bond release Camden Lane I April 24, 2014
Memo from Mike Ahern recommending the bond be released less the 20% contingency,
leaving $11,512.40
Motion: To release all but the 20% contingency, $11,512.40
(McClanahan-Cleary) All in favor. PASSES
3. April 29, 2014 letter from Jay Zola re: bond reduction Stanley Circle/April 30, 2014 memo
from Mike Ahern recommending the release of$5,034.51
Motion: To release $5,034.51 (McClanahan-Collins) All in favor. PASSES
4. Public Hearing notices Attleboro,Sharon
5. Mass Interchange newsletter
6. SPREDD.Annual Meeting invitation
774-7- ,Y,1•Ti'717737747.70,17;7-77-777:=7;77,,,r7WZr97377.7V:7-W.7.77,14871,
Martha's Way—McDermott
Mr. Burke explained the lot, which will be donated to the NRT,has been granted a frontage
variance and meets area requirements.
Motion: To sign the Form A (McClanahan-Ashman-Collins) All in favor. PASSES
East Street—Currivan
Mr. Burke explained the applicant seeks to create a second lot, which has sufficient frontage and
area. Motion: To sign the Form A (McClanahan-Cleary) All in favor. PASSES
Gilbert/Otis Buchanan and Montagne
Motion: To sign the Form A (McClanahan-Cleary) All in favor. PASSES
Mr. Karl Clemmey said the Clemmeys own a large piece of land in the proposed TOD zone, and
the town and the MBTA own small pieces. He said he has talked to Francis DeCosta, a
consultant for the MBTA, who has been hired by the state of Connecticut to do its TOD zoning.
He said there isn't much that could be done in TOD without their land. He said he is concerned
the $50,000 the Town Manager put in the warrant for a parking garage would make Mansfield a
regional train station. He said Mansfield will not get any funding from the state until there is
someone willing to develop the land. He said he would be willing to fund Mr. DeCosta, no
8 4/30/2014
strings attached,to be the town's consultant. He said the town should wait one year on TOD.
n He said the town does not belong in the development business. He said the town should look at
the landowners and who can develop their land.
Mr. Bill Clemmey gave Mr. French a 2006 report from the Cecil Group and suggested the
members review it. He said he has spoken with Mr. Backlund from the Cecil Group, about the
report's recommendation of 24 units per acre. Mr. Clemmey said MAPC is a quasi-public
agency that helps develop this sort of zoning. He said the TOD article could have benefitted
from having more input from professional planning agencies.
[Mr. DeCosta cell 617-306-7778 office 508-502-1410]
[scan and email Cecil report to PB]
Mr. Bill Clemmey said the Board of Selectmen voted 3-2 to support the TOD article.
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Mr. French asked the members what articles it would like to present.
Article 20 (TOD) -Ms. Ashman-Collins
Article 21 (Adaptive Reuse)-Mr. Cleary Mr. Burke said the chocolate factory developer plans
to do a short presentation at Town Meeting.
Article 22 (55 and Over in R1) -Mr.French will give the report of the board's vote
' . Article 23 (Gateway Business)-Mr. LeBlanc
Article 24 (Medical Marijuana)-Ms. Collins
Article 25 (Airport)—Mr. Andrews and Mr.Burke
Article 26 (Architectural Projections)—Mr. Feck
Article 27 (Residential Compound)-Mr.French
Mr. French asked about graphics for Town Meeting. Mr. Burke said he will provide the Town
Manager with slides. Mr. Burke asked the slides be sent to the board.
Ms. Collins said the Garden Club plant sale will be May 17, 9am-12pm in the Town Hall
parking lot.
Motion: To adjourn at 10:20p.m. (McClanahan- ) All in favor. PASSES
Next Regular Planning Board Meeting: May 14,2014 at 7:00 p.m.
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gnature of Clerk Date of pproval
9 4/30/2014