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HomeMy WebLinkAboutPLANNINGbrd_09102014Planning Board Minutes September 10, 2014 Present: Tom French, Chair; Beth Ashman- Collins, Clerk; Mike McClanahan, Don Cleary, Ralph Penney, Rich LeBlanc Alternate Mike Feck Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative Secretary 1. August 13, 2014 Minutes Motion: To approve as submitted (Peck - Cleary) Four in favor. McClanahan, Ashman - Collins abstained. PASSES 2. August 25, 2014 email from Christina Barrows, WS Development /August 27, 2014 memo from Mr. Burke re: Gift card kiosk at Mansfield Crossing Mr. Burke explained the developer would like to install one 2'x6' gift card kiosk, similar to a bank ATM, in the outdoor plaza near the pond, between Bertucci's and Coldstone Creamery. [Mr. Penney arrived at this time] ( Mr. French asked if this is the same area where the board previously allowed the summer market carts. Mr. Burke said it is, and those carts were used for a time, but were not this year. He said the location of the proposed equipment will not cause any traffic problems. The board discussed whether this could be a minor modification or require an amendment to the special permit. Mr. McClanahan said he thinks it could be a minor modification. Mr. Cleary asked what the board did with the summer market carts; Mr. Burke said that was a minor modification. Mr. French said the board had the applicant do a plan for the carts, and while there are photo renderings of the equipment, there is no plan showing the specific location. Mr. LeBlanc asked if the equipment would be considered an extension of a store or like a vending machine. Mr. French said he thinks it would be like a vending machine. Mr. McClanahan said he is concerned about vandalism. Mr. Cleary said the board would have to think about what would happen if other stores around town started asking to install this type of equipment. Mr. French asked if they would need a building permit. Mr. Burke said it would. He said the kiosk would have to be a walk -up, not a drive -up. Mr. French asked Mr. Burke if this should be a minor modification; Mr. Burke said it would, but suggested conditioning it to require it be set far enough off the sidewalk, no additional ( signage other than on the unit, no additional lighting. 9/10/2014 Mr. Penney asked if there is anything in the by -law that addresses this sort of use. Mr. Burke said it could be allowed like the summer market carts. Mr. Penney asked if this would set a precedent; Mr. French said he doesn't think so. Mr. Cleary asked if the board should think about adding the use to the by -law. Mr. Burke said this would be an accessory structure subject to the required setbacks. Motion: To allow the gift card kiosk as a minor modification with the following conditions: 1. Only one gift card kiosk will be allowed; 2. No signage will be allowed other than on the unit; 3. The equipment will be set back from the sidewalk so as not to interfere with pedestrians; 4. The gift card kiosk shall not be used as a drive -up (McClanahan - Cleary) Six in favor. LeBlanc opposed. PASSES Mr. LeBlanc said he was concerned this would set a precedent and this type of kiosk will begin appearing at other businesses. Motion: To reconsider the motion (LeBlanc - Ashman- Collins) All in favor. PASSES Motion: With seven (7) members present, the board voted unanimously to allow the gift card kiosk as a minor modification with the following conditions: 1. Only one gift card kiosk will be allowed; 2. No signage will be allowed other than on the unit; 3. The equipment will be set back from the sidewalk so as not to interfere with pedestrians; 4. The gift card kiosk shall not be used as a drive -up. This decision is based upon the specific site's unique situation as a special permit, its ownership by a large single entity and the fact that outdoor kiosks are already allowed. (McClanahan - Cleary) Mr. LeBlanc asked if the kiosk would operate 24 hours a day. Mr. McClanahan said the kiosk could be shut off with a timer, like the lights. All in favor. PASSES 3. Public Hearing notices — Attleboro, Easton, North Attleboro, Norton, Sharon 3 Snecral Permrt'aUlac Heaein - Bwltl�ng Moun #etl Wireless l agility 150;Rumfond'1�e= The clerk read the public hearing notice. Mr. French explained how the public hearing would be conducted. Attorney Daniel Klasnick explained the application to install a building - mounted wireless communication facility consisting of twelve (12) antennas mounted to primary building 2 9/10/2014 penthouse structures, first floor equipment room and ground - mounted emergency generator enclosed behind a stockade fence. Attorney Klasnick explained the proposal is to close a gap in service as determined by the RF engineer. He said the site has to satisfy the network requirements, has to be const actable and there has to be a willing property owner. He said they first looked at industrial districts, but a special permit is allowed if there is a gap in service. Attorney Klasnick explained the photolocation map shows views of the site from several locations, including before and after photos of the equipment. He said they are proposing to install four antennas on the penthouses and will paint the antennas to blend in as much as possible. There will be an emergency backup generator on the ground which will not be used for regular power, only during power outages and for weekly testing. The natural gas generator will be on an 8'x4' concrete pad and will be self - contained within an 8' high stockade fence. There will be an equipment room inside the building for radio equipment. Attorney Klasnick explained the existing roof of the building is about 54' and the highest antenna will be 59.' The equipment will be flush mounted and painted to match the building. The RF report details the facility, gap in coverage and the other sites considered before arriving at this location as the best place to satisfy the coverage gap. Mr. LeBlanc said he conducts business with Millhaus. Dan Brown, RF engineer with CSquared systems, explained the gap in coverage map. He said the majority of downtown Mansfield is without reliable coverage, including the train station, North Main Street, East and West Streets. He said the proposed site would help solve the coverage gap for downtown and around 3,200 residents. Mr. French asked if there is another existing tower on which the facility could be co- located. Mr. Brown said Verizon operates on four different frequencies, so while co- location is possible, the equipment would have to be spaced differently. Mr. Burke said he doesn't think there would be enough space for them to co- locate at the Congregational Church; Mr. Brown said that location would be too far south for the coverage area Verizon is looking for. Mr. Brown said the proposed equipment would be no more than 59 feet high with the directional antennae pointing outwards. Ms. Ashman - Collins said the photos make it appear the equipment will not be higher than the existing penthouses; Mr. Klasnick said it would not. Mr. McClanahan suggested repainting the penthouses and antennae at the same time, rather than trying to paint the equipment to match. Public Comment Michael Lammers, 150 Rumford Avenue and Millhaus Board of Trustees, said the siding on the penthouses is smooth and the surface is not deteriorating. He said the siding is about 10 years old. 9/10/2014 Erin Campbell, 180 Rumford Ave, asked about the noise level of the emergency generator and whether it could be moved behind Millhaus. Mr. Klasnick said the unit will be enclosed in a sound attenuating enclosure with baffles to muffle the noise; there will also be soundproof baffling material in the fence. He explained there is a sound analysis included in the application. He said Verizon is mindful that this is a residential neighborhood and tried to select a location for the generator that would be least impactful but close to the gas service. He said the generator will be nine feet from the building and will be used only for emergencies and tested once a week for about 30 minutes. Mr. Lammers said he understands the generator will be next to a bedroom of an existing unit, so the Board required it be quiet enough not to disturb the residents of Millhaus or adjacent properties. Mr. LeBlanc asked about putting the generator on the roof. Mr. Klasnick said they worked with the property owners to find the best location near the gas service. Mr. Lammers said the Board was concerned about the fire hazard of running the gas service up the side of the building to the roof. Mr. LeBlanc asked about the sound of the generator; Mr. Klasnick said every effort has been made to put it in a sound - attenuating enclosure and it will comply with DEP standards. Correspondence The clerk read memos from Mr. Alves, Capt. Tebeau and Mr. Gaffney Public Comment August 18, 2014 letter from Joseph Ditchman, Ostendorf - Morris Board Comment Mr. Cleary asked if the by -law requires the applicant to show the alternative sites; Mr. Klasnick explained the application details the other sites Verizon considered. Mr. Penney asked how the gap in service is defined. Mr. Brown said they model outdoor coverage; as RF signal penetrates buildings, a lot of coverage is lost. Mr. Penney asked if there have been complaints about dropped service in the area; Mr. Brown said Verizon monitors existing coverage problems and has to plan for expansion in the future. Mr. Penney asked if the antennae will pose a public nuisance. Mr. Brown said the antennae do not create any noise and will comply with all FCC requirements. Mr. Klasnick said the application details the proposal's compliance with FCC regulations. Mr. Penney asked if the generator enclosure is rated for a certain decibel level; Mr. Klasnick explained they measured ambient sound in the area and using the equipment specs, projected noise levels from generator. The application includes a table of comparable decibels; the proposed hvac equipment will be below ambient noise, the generator and hvac equipment combined are well within DEP standards. Ms. Ashman- Collins asked whether any trees will be removed for the generator. Kevin McNatt, 150 Rumford Avenue, said no trees will be removed. 4 9/10/2014 Mr. Burke said the applicant has done a good job answering staff and the board's questions, He said he had been concerned about the noise from the generator and thinks that has been addressed. He said he likes the fact that the applicant proposes to use existing structures instead of constructing a new tower. Mr. French asked how much the town will be paid annually in taxes; Mr. Klasnick said he did not know. Mr. Burke said they will pay the commercial value in property tax. Mr. Lammers said Verizon will pay for any taxes on the equipment and the installation. Mr. French asked if the generator enclosure meets the setback requirements for an accessory structure; Mr. Burke said it does. Ms. Ashman- Collins said she is concerned about the loss of landscaping in the front of the building. Mr. LeBlanc asked what the life cycle of the equipment is; Mr. Brown said the current technology will be around for the foreseeable future. Mr. LeBlanc asked if a new special permit would be required if the technology changes and the equipment has to be replaced. Mr. Burke said if it is a direct replacement, no new special permit would be needed, but if the equipment will be a different size, a new special permit may be needed. Motion: Based on the information provided by the applicant, the Planning Board finds that a gap in coverage exists. Information submitted in accordance with Zoning By -Law Section 3.6.7.2.6.1 demonstrates the gaps in coverage would be eliminated after the installation of the antennae, which were submitted with the special permit application and discussed during the hearing. (Penney- McClanahan) All in favor. PASSES Motion: To grant the Special Permit under Section 3.6.7.2.6.1 of the Mansfield Zoning By -Law for the installation of a building- mounted wireless communication facility consisting of twelve (12) antemias mounted to primary building penthouse structures, first floor equipment room and ground- mounted emergency generator enclosed behind stockade fence at 150 Rumford Avenue. This special permit is granted with the following conditions: 1. Application for Special Permit and Plan Sheets TI, C1, Al, A2 and A3, dated November 26, 2013 and revised February 24, 2014, March 19, 2014, April 15, 2014, June 16, 2014 and July 23, 2014, prepared by Hudson Design are incorporated into this special permit decision by reference; 2. All above - referenced department head comments shall be fully and satisfactorily addressed during the 20 -day appeal period; 3. The transmitting frequency shall not interfere, conflict with or interrupt any Town of Mansfield radio or communications device or system; 4. An emergency generator, as required by the FCC, will be located on this site. The 9/10/2014 emergency generator shall have a noise suppression muffler and cabinet enclosure to mitigate noise issues; 5. There shall be no signs placed upon the panels except as required by state or federal regulations (eg:, FCC, FAA, OSHA); 6. If the structure upon which the antennas are to be located is torn down, falls down, or meets some destructive fate brought about by a natural or manmade disaster, this permit shall not allow a new interior or exterior wireless communication facility to be at that location without a new special permit; 7. Bell Atlantic Mobile of Massachusetts Corporation, Ltd. d/b /a Verizon Wireless or its successor, owners or assigns shall remove the antenna panels, cable trays and covers at the equipment owner's expense within one (1) year from the date of cessation of use. 8. The color of the arrays should match, and should continue to match, the building fagade as represented in the photographs included in the application (Cleary - McClanahan) McClanahan - In favor. The benefits outweigh the detriments with improved communications for the public. Penney - In favor. The benefits outweigh the detriments as the equipment will improve cell coverage. Ashman - Collins — In favor. The installation will have a number of positive impacts. Cleary - In favor. The benefits outweigh the detriments, and the panels are a better choice than a tower. LeBlanc — In favor. The benefits outweigh the detriments, especially with the use of existing structure. Feck — In favor. The benefits outweigh the detriments with the increased coverage and use of an existing building. French — In favor. The benefits outweigh the detriments, the improved communication will improve public safety and the equipment will provide additional property taxes. All in favor. PASSES Motion: To close the public hearing (McClanahan - Cleary) All in favor. PASSES 9/10/2014 Department of Public Works representatives Lee Azinheira, Mike Ahern and Mark Cook were present. Mr. French said many of the changes are administrative and reflect changes in technology. Mr. Azinheira said the town uses no less than five inches of binder course of pavement on its roads, and subdivisions should be held to the same standard. He said installation would cost a bit more, but the roads will last longer. Mr. Penney said the base is also important; Mi. Azinheira said he doesn't propose changes to the base requirements. Mr. Ahern said the base is required to meet Mass specifications. Mr. Azinheira said Superpave, originally designed by Federal Highway Administration, has a higher standard than the previous material and ensures higher quality. Mr. Cook said the mix changes the flexibility of the pavement, which helps prevent heaving. Mr. Azinheira said the town is putting granite curbing on roads when possible because it is more durable. Mr. Penney said he has been an advocate of granite curbing, but lately developers have been proposing monolithic cape cod berm. Mr. Azinheira said that would be his second choice; he said he would rather not use sloped granite curbing. Mr. Cook said cape cod berm is a better choice than sloped granite, but the town has to maintain the curbing, so longer- lasting material would be best. Mr. Azinheira said granite is less impervious over the same length of road. Ms. Ashman- Collins asked if the new subdivision requirements would allow for "country drainage." Mr. Penney said the board recently approved that kind of drainage in a subdivision off Winter Street. Mr. Azinheira said Mansfield does not have many rural areas, so he isn't sure that type of drainage would work. Mr. Cook said it would be hard to fit within the right -of -way of existing streets. Mr. Ahern said granite curbing is about 75% more expensive than cape cod. Mr. Burke said using swales in a subdivision instead of manholes and catch basins could eliminate a lot of impervious surface and hard pipe. Mr. Cook said eliminating curbing and allowing water to flow to swales would allow salt from snowplowing to flow onto the grass, causing additional maintenance problems. Mr. Cook said the town would have to decide whether it wants the additional maintenance costs that would come with eliminating curbing. Mr. Penney said there has been a trend away from a lot of infrastructure; Mr. Cook said he isn't advocating more infrastructure, but the town has to be aware of the ongoing maintenance issues. Mr. Azinheira said even with a closed system, sumps and galleys would still be needed. Mr. Azinheira said if swales are installed and maintained perfectly, they can work well, but the town does not have the manpower to keep up with the maintenance. Mr. Ahern said he is concerned about allowing recycled gravel material in road construction. Mr. Cleary asked if the depth of the base of sidewalks should be added; Mr. Ahern said it should. 9/10/2014 Mr. Cook said monolithic cape cod berm cannot be used in cul -de -sacs and on radii because of the limitations of the equipment. Mr. Ahern said the allowable "air temperature" for paving should be at least 50 degrees. Mr. Burke suggested that be "ground temperature." Mr. Penney said the temperature of the mix in also plays a part in the quality. Mr. Azinheira said the town paves during a much narrower window than November - April. Mr. Penney asked if there should be some flexibility in that; Mr. Azinheira said he uses his discretion with weather conditions. Mr. Cook said Superpave cannot be used with any frost in the ground. Mr. French asked if someone from the town is on site when subdivision roads are being paved; Mr. Ahern said he is. Mr. Azinheira said if Superpave is used on subdivision roadways, the developer should pay for the town's inspector. Mr. Burke said the town would have to change its fees to cover that cost. Mr. French asked if corings should be required on subdivision roads; Mr. Azinheira said that will be standard with Superpave. Mr. Cleary asked about the 20% contingency requirement on a subdivision bond; Mr. Ahern said that has been standard for several years, but was not changed from 10% in the regulations. Mr. Cook asked if roads at binder are allowed to go more than one winter; Mr. Burke said it happens, but is rare. Mr. Ahern suggested establishing an easement for street trees outside the right -of -way. Mr. Azinheira said with an easement, trees behind the sidewalk would come under his jurisdiction. Mr. Burke said there is a temporary planting easement on street trees until the street is accepted as a public way at Town Meeting. He said street trees are planted with the intention of allowing them to grow into a canopy over the roadway, and with an easement, the town would be able to replant those that are damaged or removed. Mr. Ahern suggested seven foot sidewalks where there is no grass strip. Mi. Cook said an 18" long mailbox oriented perpendicular to the road makes plowing difficult. Ms. Ashman - Collins suggested the "sidewalk" should be exclusive of mailboxes. Mr. Ahern suggested alternate installation methods for curbing. The board discussed types of street trees. Mr. Penney said some of the trees on the list, like maples, have root systems that can lift sidewalks. Mr. Ahern suggested looking at the allowed street trees; Mr. Penney asked if DPW would talk to an arborist about the street tree list. Mr. Penney asked if the board should get developers' opinions on the changes discussed this evening. Mr. Burke said the board would hold a public hearing on the changes, but would not have to go to Town Meeting. 229 -243 School Street (Firestone). The consolidation plan seeks to combine Map 11, Lots 3 and 5. Mr. Burke said the plan warrants endorsement. The existing houses will be demolished. Motion: To endorse the ANR plan (McClanahan -Feck) All in favor. PASSES 9/10/2014 I Motion: To adjourn at 9:30 p.m. (McClanahan- ) All in favor. PASSES Next Regular Planning Board Meeting: September 24, 2014 at 7:00 p.m. Signature of Clerk Date of Approval,/ 9/10/2014