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HomeMy WebLinkAboutPLANNINGbrd_11192014Planning Board Minutes i'TCEIVED November 19, 2014 C OFF IC Present: Mike McClanahan, Acting Chair; Beth Ashman- Collins, Clerks Cl �y, Ralph E Penney, Rich LeBlanc, Alternate Mike Feck A 10: 41 Shaun P. Burke. Director of Plannine and Development To appoint Mr. McClanahan Acting Chair (Cleary/Feck) All in favor. P 1. November 5, 2014 minutes Motion: To approve the November 5, 2014 minutes as submitted (Penney- Ashman- Collins) All in favor. PASSES [Mr. LeBlanc arrived at this time] 2. ZBA application for Variance — 47 Maple Street — Floor Area Ratio, Open Space. The applicant, Future Foam, is seeking variances from Maximum Floor Area Ration and Minimum Open Space Requirement to convert and expand the existing industrial building for the manufacture and distribution of flexible polyurethane foam. The project includes an 80'x 352' addition on the west side of the building and reconfiguration of the parking lot, loading docks and trailer storage. The plan shows an FAR of 0.41 % where the maximum allowed is 0.25% (the site currently has 0.35% FAR) and 25% open space where 35% is required (the site currently has 28% open space). Mr. Burke explained this industrial location, abutting National Lumber, is the former RockTenn site, which has been vacant for about a year and a half. Mr. Burke said he has met with the prospective buyer, Future Foam, which has a number of locations around the country and would like to open a facility in Mansfield to serve its Northeast customers. Future Foam manufactures foam mattresses and cushions, which is a light product, but difficult to transport due to its bulkiness. Mr. Burke said the company plans to bring 50 new jobs to the area. Ms. Ashman- Collins asked about landscaping; Mr. McClanahan said the site is already well landscaped. Ms. Ashman - Collins felt this is exactly the type of variance she supports. Mr. Penney noted the application explains what the town requires and what the applicant is proposing. Mr. Burked reminded the board this is the oldest industrial park in Mansfield and was built prior to any of the current zoning regulations. Mr. Burke explained most of the lost open space will be from the parking area, but the site will conform with the parking requirement. Mr. McClanahan asked what Mr. Riccio's thoughts were on the application. Mr. Burke stated Mr. Riccio was present at the staff meetings and did not have any concerns. Mr. Cleary asked if the facility was to be taller to which Mr•. Burke noted that the additional space is horizontal as that is how the manufacturing is processed (back and forth motion). 11/19/2014 Motion: To send the ZBA a positive recommendation on the grant of the variance. The Planning Board is pleased at the possible reuse of an industrial building that has been vacant for more than 18 months, and which will not only be occupied, but expanded. The board is also pleased that the prospective tenant plans to employ approximately 50 people in their manufacturing facility. The site, within the Ryan - Elliot Industrial Park, predates the Cabot Business Park, was established well in advance of today's zoning. At the time this facility was permitted, the Zoning By -Law allowed for a lot coverage calculation of 40% and a building height of 45 feet, which would equate, in today's standards, to a Floor Area Ratio of approximately 0.8. In addition, there was no open space requirement at that time. The zoning changed significantly in 1989, rendering many of the properties in this industrial district pre- existing, non - conforming. After review of the tabular summary provided by the applicant and discussion of the history of the Ryan - Elliot Industrial Park, the site - specific nature of this proposal, the applicant's inability to acquire additional property and the positive benefit this would be to the local economy, the Planning Board voted unanimously to send the ZBA a positive recommendation on this request for Variances from the maximum floor area ratio and minimum open space requirements. (Ashman- Collins - Cleary) All in favor. PASSES 3. ZBA application for Variance — 453, 457, 459, 461, 465 Stearns Avenue Lot Area, Lot Width. The applicant seeks to create three lots with less than the required lot width and lot area. The land was approved and recorded as five Form A lots on January 28, 1987. Each lot has around 50,000 square feet, which is more than what was required in 1987; the current area requirement in the Rl zone is 60,000 square feet. All three lots would comply with the current frontage requirement of 200.' Mr. Burke noted these are five remaining lots from the Stearns Hill Estates subdivision that were not constructed and were originally approved with 120 feet of frontage and 30,000 square feet of area.. Mr. Burke explained because the lots were not constructed and eight years' zoning protection has expired; under current zoning, the developer could build two conforming lots. The application seeks to create three lots with less than required lot width and area. Mr. Cleary asked if the three lots comply with the 200' requirement; Mr. Penney said it has sufficient fiontage, but not width. Mr. Cleary asked if a foundation could have been started; Mr. Burke said a permit could have been pulled and work begun; if the work was not completed, the building permit would have had to have been extended. Mi. Feck asked. if the situation would have been different if the lots had been separately owned; the answer was yes. Motion: To send the ZBA a positive recommendation on both variances The members in favor of granting relief noted that five residential lots had previously been approved on this parcel of land, and they felt the creation of three residential lots would be an appropriate use of the property. Those members opposed to granting relief were concerned the application does not meet the standards for the grant of a variance. (Cleary - Penney) 2 11/19/2014 Mr. LeBlanc asked what the difference is between this and any 150,000 square -foot property/ Mr. Cleary pointed out the Planning Board only makes a recommendation. Ms. Ashman- Collins noted this does not meet the legal hardship for a variance. Mr. LeBlanc said he was concerned about setting a precedent. Mr. Penney said each case is reviewed individually and on its own merit and that no precedent is being set. Four in favor. Ashman- Collins, LeBlanc Opposed. PASSES 4. November 17, 2014 Request for Release of Surety — Lincoln Place (Niter Development, Tim Bobola)/November 18, 2014 memo from Mike Ahern recommending the release Motion: To release $140,754.96 from the Lincoln Place bond; the balance will be $92,280.34 (Cleary- LeBlanc) All in favor. PASSES 5. November 18, 2014 Request for Release of Surety — Stanley Place (SJ Homes, Jay Zola)/November 18, 2014 memo from Mike Ahern recommending the release Motion: To release $9,604.75 from the Stanley Place bond; the balance will be $57,669.74 (Cleary /LeBlanc) All in favor. PASSES 6. Public Hearing notices — Easton, North Attleboro, Norton 7. The Beacon 3 _ .Term A (AlyR) Plans = - - None Dutton Drive, a four -lot residential cluster off Winter Street, was permitted by the landowner, Dutton Living Trust, and approved by the Planning Board in April 2014. Mr. Marcheselli has bought the property and is proposing a change in the approved curbing. He explained the approved plan shows vertical granite curbing on one side of the roadway, which is super elevated. He asked the board to consider granting a waiver for the use of monolithic cape cod berm. Mr. Burke said this would result in less infrastructure on a very short road (245 feet); Mr. Penney agreed and noted it would be less for the town to maintain. Mr. Burke said in a setting like this, cape cod berm would provide more durability and if it is installed properly, there are no scams and a plow truck will not catch it. Mr. Penney said Mr. Azinheira has said he would rather not use cape cod berm; Mr. McClanahan said Mr. Azinheira noted cape cod berm could work well if it is installed monolithically. Mr. Burke said in a setting like this, with curbing on one side of the roadway in a rural setting, he would rather see monolithic cape cod than granite. Mr. McClanahan said he spoke with Mr. Ahern, who said he did not have an issue and suggested if the board agreed to the waiver, to applicant could donate the excess to the sidewalk fund. Mr. Burke said he would like to clarify the value of the curbing and the sidewalk versus just the sidewalk. Mr. Penney said he would not want to lose the sidewalk. Ms. Ashman - Collins said it is an interesting idea. Mr. Marcheselli said he is not opposed to the idea, but would like to talk to Mr. Ahern. Mr. Cleary said when the board approved the narrower roadway, it felt a sidewalk was needed. 11/19/2014 Mr. Burke said this could be done as a field change, rather than a waiver. Motion: To approve the change to cape cod berm curbing rather than vertical granite as a field change (Ashman- Collins/Penney) Mr. Penney asked what the savings would be for the developer; he said he thought it would be $8,000 - $10,000. Mr. Penney asked Mr. Marcheselli if he would be willing to consider donating half of the savings to the sidewalk fund; Mr. Marcheselli said he would, but he would like his contractor to negotiate the difference. Amended Motion: To grant the field change to allow monolithic cape cod berm rather than granite with the understanding that the applicant will meet with the Subdivision Inspector and Planning Director to negotiate an equitable finding of the value of the difference between the monolithic cape cod berm and vertical granite and a median value between the two that can be added to the value of the sidewalk that will be donated to the Town's Sidewalk Fund when they return to the Board to seek a waiver on the construction of the required sidewalk (Penney- Ashman- Collins) Mr. Cleary said he would prefer not to include the financial aspects in the motion. Four in favor. Cleary, Feck Opposed. PASSES Mr. Cleary asked if vertical granite would be used on the corners; Mi. Marcheselli explained it would all be monolithic. The board discussed whether the vertical granite should be installed on the radius; there is no curbing on Winter Street. Consensus was to allow monolithic cape cod berm on the whole road, including the radius. Motion: To allow the use of monolithic cape cod berm rather than vertical granite along the whole roadway, including the radius (Penney- Ashman- Collins) All in favor. PASSES The clerk read the public hearing notice. The chair explained how the public hearing would be conducted. William Buckley, Bay Colony Group and John Walsh, Walsh Brothers Building Co., were present. Applicant's Presentation Mr. Buckley explained the plan for an 18 -lot subdivision at the Willowdale Golf Course, a 28.9 acre parcel of land (Assessor's Map 28, Parcels, 11, 12, 118 and 150). Approximately 9.9 acres of the project is the lot containing Cabot's Pond. The house on Parcel 118 (Lot 19 on the definitive plan) will remain, but the lot will be modified to accommodate the subdivision design. The plan shows three new streets with about 1,998 lineal feet of roadway; Lorraine Way goes to Cabot's Pond to provide public access. Marie Drive is on the outside of the sharp curve on Willow Street about 300 feet south of Spring Street; the plan shows the curve reconfigured to allow adequate site distance in both directions along Willow Street. Selective tree and 4 11/19/2014 undergrowth cutting will be done. The applicant has been talking with the landowner on the west side of the curve in Willow Street to make improvements in that area. Lorraine Way will be where the existing clubhouse is located and has adequate site distance. Both new roadways are 24' wide and a 5' concrete sidewalk is shown on the interior of the site. The applicant is requesting a waiver to superelevate the road to reduce the amount of drainage infrastructure; catch basins will be on the sidewalk side. The site will be served by municipal water, sewer and electricity, and the applicant has been talking with Columbia Gas about extending gas from Spring Street. The site will be on gravity sewer and tie into the town's 24" line at a sewer manhole on Spring Street. The sewer line from Marie Drive to the manhole on Willow Street will be in an easement from the current golf course property owner. The site will have a 12" PVC sewer main throughout, which will allow a flatter slope to accommodate the site's topography. The stormwater system will use the existing irrigation pond on the east side of the property as an infiltration basin to capture runoff and infiltrate up to the 100 -year storm. Water will flow overland to a vegetated Swale that will allow runoff to flow to Cabot's Pond in the event of a catastrophic event. Soil testing has been done with six borings around the property; samples were taken and four monitoring wells were placed on the site and are being monitored. Permeability testing was conducted in the area of the proposed basin and was witnessed by Mr. Alves. The Conservation Commission has issued an Order of Resource Area Delineation confirming the location of wetland resource areas. The public hearing for the Notice of Intent will be held December 15. The applicant has met with Mr. Gaffney and Mr. Babin and has incorporated their comments. The applicant is requesting waivers from the requirements for the following: 1. Sidewalk on both sides — neither Willow Street nor Spring Street has sidewalks and the plan shows sidewalk on one side on the new roadways. 2. Vertical granite curbing on both sides —the plan shows vertical granite curbing on the sidewalk side and monolithic hot mix asphalt berm on the other; neither Willow Street nor Spring Street has curbing. 3. Cul -de -Sac Radius and Island —The plan shows a 40' cul -de -sac radius in lieu of the 70' radius with a 30' cul -de -sac as required. The proposal meets the Fire Department's requirement to accommodate their largest piece of equipment and would reduce the amount of impervious surface. Mr. Buckley explained there are plans to add four Form A lots on the west side of Willow Street, so the subdivision will eventually be 22 lots, requiring three affordable units under Section 6.0. The applicant is reviewing the options to meet that requirement. 11/19/2014 NIr. Buckley distributed color renderings of the proposed layout. Mr. Buckley noted Cabot's Pond, which is over 10 acres, is part of this property. He said the site also contains the first six holes of the golf course, the club house, parking lot and an existing duplex. The duplex is on its own lot (Lot 18 on the plan) and will remain; the lot will be reconfigured to accommodate the road and add frontage Mr. Buckley explained he has met with staff and made some changes to the plans: • Number of lots and basic road configuration have not changed • Elimination of cul -de -sac on the southern portion of Lorraine Way, as it was not serving any lots • Added gravel parking lot • Cul -de -sac on the northern roadway reduced to 40,' which can accommodate Fire) • Flattening of Willow Street curve where northern subdivision roadway enters to improve sight distance to Spring Street • Sewer will be brought from a manhole on Spring Street, through an easement over private property Mr. Penney asked about the 90 degree turns in the sewer line and if there were any way to straighten them. Mr. Buckley said it is possible, but Mr. Alves wants to connect to the manhole on Spring Street to avoid additional infrastructure on the existing main. Mr. Buckley also noted he is trying to stay outside of the 25 -foot no touch zone; he said that issue will be discussed further with the Conservation Commission. Mr•. Buckley explained that because of the depth, the project must run a 12 -inch sewer line. Storm water pitch moves south or east and much of it pitches to the middle of the site. l Mr. Buckley said they are proposing to mimic the current drain system, a series of manholes and catch basins. He has spoken with Mr. Alves about the work to be done on the existing system, including stripping the first few layers and backfrlling with a sand/loam mix. Mr. Buckley said there will be no run off from the streets and in a massive storm, overflow will go into a pond, where there will be channels to control and send it on its way. Mi•. Buckley said Ms. Merrill has asked for enhancement along the river bank for 25 feet, which mimics the no -touch zone; the developer has agreed Mr. Buckley explained they are requesting waivers for 1) sidewalks on one side; 2) vertical granite curbing on the sidewalk side; 3) monolithic asphalt curbing; 4) 40' cul -de -sac radius with no island; and 5) layout of cul -de -sac Department Head Comments The clerk read comments from Mr. Cox, Mansfield Municipal Electric and Mr. Gaffney, Water Operations Manager, Mr. Alves, Town Engineer and Capt. Tebeau, Fire Department. The clerk read a letter from Mt•. Burke to Mr. Walsh re: Section 6.0, Inclusionary Housing Requirement of the Zoning By -Law. 11/19/2014 Mr. Penney asked about the gravel parking area; Mr. Buckley explained the plans show Cabot's as a separate parcel, which the developer would like to donate to the town for public use. He explained the lot lines for Lots 3, 4 and 5 go to the edge of the wetland, but if the town is not interested in the pond, those lots can be modified so each owns a portion of the pond. Mr. Penney asked if there is public access to the pond now; Mr. Buckley said he does not think there is. Mr. Penney asked if a path would be installed; Mr. Buckley said they would clear a path and possibly install stairs, since it is a steep drop. Mr. Cleary asked if the parking area could be moved farther down; Mr. Buckley said it could be. Mr. LeBlanc asked if it would need a turnaround. Mr. Burke said there will be additional discussions with staff, especially conservation, about this issue. Mr. Penney said there are positive aspects to this and did not want to rule it out. Public Comment Jeff Ceruti, 33 Riverside Drive, said there is public access to the pond from Willow Street, which is used by a fair number of people. He said he is opposed to the parking area because when he purchased his property, it was fairly private and making it a public pond with a lot of access would impact its value. Richard Sereda, 108 Willow Street, said he is opposed to the parking area because he bought a home in this area for the seclusion and privacy offered. He said a parking area would result in more vehicle and pedestrian traffic, as well as a place for people to congregate after hours. Mr. Penney asked if there was a problem now with access to the pond; Ms. Sereda said since she was young, they have cut their own paths to the pond, but due to construction over the years it is now a sharp drop and not viable. Mr. Cleary asked if the pond is owned by the golf course; Mr. Buckley said the pond and water rights are owned by the developer. Mr. Ceruti said he understands he does not own the pond, but reiterated his reason for buying his property was the privacy and he does not want to see that ruined. Mr. Ceruti noted the use of the pond now is occasional and if a parking area were added, then the volume would increase. Mr. LeBlanc asked if the lot lines of Lots 3, 4 and 5 were extended into the pond, would those homeowners be able to prevent public use of the pond; Mr. Burke said they would be able to do that. Steven Harris, 289 Willow Street, said he is concerned about potential happenings after dark in that area and does not want to encourage that. He said he was also concerned about increased traffic volume and speed, as well as impacts to the schools. Mr. McClanahan explained the developer has right to develop his land as long as he meets the requirements. John Lynch, 34 Riverside Drive, said it would be a great statement by the builder to donate the pond to the town, but not to overload public access with the parking area. He said he felt the jewel of the golf course was being taken away and pond access should be left to abutters. 11/19/2014 Ms. Sereda asked if there would be road closures during construction on the curve. Mr. Buckley said there will be a traffic management plan; Mr. Burke said road closures would be up to the Chief of Police. Mr. Ceruti asked if there will be any construction activity inside the 100' buffer zone and whether the residents have access to that zone after construction. Mr. Buckley explained the 100 -foot buffer is a Conservation Commission regulation to monitor work near a wetland. Mr. Buckley said he is not sure what would happen, but said any work must comply with the local regulations and the abutters would be notified. Mr. Buckley noted the plan presented this evening delineates the lots, but not where the house will be placed. He said their next step is a public hearing with the Conservation Commission and abutters within 100 feet will receive notification. Cheryl Duffy, 90 Willow Street, asked about the pink ribbons in her yard and the tree in her front yard that has been sprayed orange. She also asked why the plan shows a line through her back yard. Mr. Buckley explained he has to locate all wetlands within 100 feet of where they want to work and those markers will be removed. He said he did not know why the tree had been marked and said he would look into it. Ms. Duffy said she is concerned about flooding with the additional houses and construction and has been flooded in the past. Mr. Buckley stated they must comply with stormwater regulations and cannot make any existing conditions worse and noted that except for one home, the site will drain in the opposite direction. He suggested Mr. Alves would be a good source for information. Mr. Penney mentioned the plan is actually restoring the wetlands in Ms. Duffy's area. Mr. Cleary said the area will have stormwater management, which the golf course does not. Board Comment Mr. Feck said he understands the issue of policing the parking lot area and noted the board would have to weigh the options and decide if it is a benefit. Mr. Feck asked about changes to the curve; Mr. Buckley said the landowner, Mr. Crawford, is agreeable to the modifications and he will be compensated with a land swap. Mr. Buckley said it will have to be designed, conveyed to the Town and then the roadway layout modified. Mr. LeBlanc said agrees with Mr. Feck about the parking lot and asked what the process would be to see if the town is interested in the donation. Mr. Burke explained the Conservation and Recreation Commissions would have to decide if they want it; if they do not, the developer plans to offer the property to the Natural Resources Trust. He said the Planning Board would ultimately determine if there would be a parking lot, as well as the layout of the way. He also asked why there is no sidewalk proposed along Willow Street. Mr. Buckley noted this is all part of the discussion they have had with Mr. Ahern. There have been talks about sidewalks to School/Spring Streets, which Mr. McClanahan said would connect the two subdivisions. Mr. Buckley noted they agreed to fix the curbing. Mr. Cleary asked about compliance to the affordable housing regulations; Mr. Burke said Mr. Walsh has been very proactive. Mr. Cleary said if the NRT were to take the parking lot, that group typically provides gravel parking areas. Mr. Cleary asked if Lot 6 could come off of Julia to avoid the water dead ending in three places. Mr. Buckley said they have no position on that 11/19/2014 and did what Mr. Gaffney advised. Mr. Cleary asked about Mr. Alves's condition #18 regarding culverts. Mr. Buckley said would follow up because he does not think the culverts are very old. Ms. Ashman - Collins asked if this is a mill pond with a dam; it is a man -made pond. She said she felt the parking area may be excessive, but said she appreciates the offer. She asked for clarification on the change from 8' to 12' sewer pipes. Mr. Alves suggested larger pipes would make the pitch easier to navigate and eliminate the need for pumps. Mr. Penney said this is an R2 zone and the applicant is paying to extend the sewer so the lots can be smaller. He said he thinks the groundwater is shallow in the area. Mi. Buckley noted it is but said there is a strong pitch from north to west, so a series of four wells were installed; they will dig test holes on every lot to be sure the foundations are set properly. Mr. Penney said he was not in favor of a sidewalk on one side of the street and he would like to see vertical granite on both sides. Mr. Penney said he was in favor of reducing the size of cul -de -sac and removing the center island. He asked the developer to be aware of the updated list of recommended street trees. Mr. Penney said it is a great gesture to donate the pond. Motion: To continue the public hearing to December 17, 2014 at 7:30 p.m. and to extend the Planning Board's final date for decision to January 30, 2015 (Penney/Feck) All in favor. PASSES Mr. McClanahan noted there will not be another notice of the continued Planning Board meeting and reminded those present the Conservation Commission meeting will be December 15, 2014. None Mr. Cleary asked if Mr. Burke looked into the new 4'x8' signs at Mansfield Crossing; Mr. Burke said he and Mr. Riccio have looked into it and there are no permits for those signs. They have contacted the landowner and have not heard back. Mr. Cleary asked if the gift card kiosk should be covered and asked Mr. Burke to look into that. - Mr. Penney asked about construction at the comer of School Street and Route 140. Mr. Burke said the developers just submitted a demolition permit and a 10 -bay Firestone Complete Auto Care facility will be constructed. Mr. McClanahan asked about the Wood Avenue extension. Mr. Penney said the change to one common driveway onto Chauncy Street would be safer. Motion: To adjourn at 9:22 p.m. /Next Regular Planning Board Meeting: ignature of Clerk in favor. PASSES December 3, 2014 at 7:00 p.m. /V/ ) IZJ/L Date Aoe ppr val 11/19/2014