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HomeMy WebLinkAboutPLANNINGbrd_08262015Planning Board Minutes 'G E D August 26, 2015 ;.S OFF ICE ( Present: Tom French, Chairman; Don Cleary, Clerk, Beth Ashman Collins, Michael McClanahan, Ralph Penney, Michael Feck, Rich LeBlanc Al, in; 31 Alternate Joseph Cerretani Shaun P. Burke, Director of Planning and Development; Jennifer Davis,, Administrative Assistant Motion: To appoint Ms. Ashman- Collins Acting Clerk (McClanahan- Penney) All in favor. PASSES [Mr. Cleary arrived at this time.] p. 2 — Mansfield averaged over 200 housing starts PER YEAR p. 5 — Mr. Penney was concerned about town's eroding TAX base p. 6 — Mr. Penney said the site is a prime location for COMMERCIAL USE Motion: To approve as amended (McClanahan - Penney) Six in favor. One abstention. PASSES 2. August 18, 2015 memo from Mr. Burke to John Stanbrook, Finance Director re: Purchase of sign for the intersection of Lincoln Road and Branch Street 3. Request for final release of surety — Lincoln Estates. The road was accepted at 2015 Annual Town Meeting and the punch list has been completed. Mr. Burke recommended the remainder of the bond be released. Motion: To release the remaining funds in the Lincoln Estates subdivision bond (McClanahan - LeBlanc) Mr. Penney said he thinks the subdivision came out nicely; Mr. French agreed, but said he thinks the trees in the cul -de -sac are too small. He suggested the board look at the size of street trees in the future. Mr. Burke said there is a problem with drivers not slowing down going from Branch Street onto Lincoln Place, and said he thinks placing a sign in the middle of the way will help encourage drivers to slow down. All in favor. PASSES 4. Meeting notices — Attleboro, North Attleboro, Norton, Plainville Mr. French asked Mr. Burke about upcoming items on the board's agenda. Mr. Burke said there will be a scenic road application before the board on September 9. The board will have a joint meeting with the Board of Selectmen/Light Commissioners on September 16 to go over site plan -type issues for the Branch Street solar facility, which has an Order of Conditions from the Conservation Commission. Mr. Burke said he expects the Chocolate Factory special permit application will be filed soon, but he has not heard from the applicant. Mr. Burke said Dr. Mullin will be meeting with the board in the fall to work on the update to the Strategic Plan. 8/26/2015 Mr. Penney said the board has talked about amending the Subdivision Regulations; Mr. Burke said that is on the board's pending business list and suggested that also be done in the fall. He j said he would invite representatives from DPW to that meeting. Mr. Penney said one of the big issues the board has discussed is curbing; he said the town has been installing vertical granite. Mr. French said if vertical granite is the standard, it could be waived when appropriate. Mr. McClanahan suggesting adding residential compound standards to the Subdivision Regulations discussion. Mr. Burke said if the board wants to establish a standard, it would be a good idea to talk about that when DPW representatives are at the meeting. Mr. Penney said residential compound roadways are frequently an item of discussion during public hearings. Mr. Cleary asked Mr. Burke to explain the process for the upcoming reconsideration discussion. Mr. Burke explained reconsideration has to happen at the meeting following the original vote; the motion to reconsider would have to be made by a member who voted on the prevailing side. In the case of the North Common Estates, the prevailing side was the side opposed to granting the special permit, so a motion to reconsider would have to be made by a member who was opposed. The vote to reconsider would require a simple majority. If that motion passes, the board would go into the reconsideration public hearing. Mr. French said per the legal advertisement, the discussion would be open for the seven board members who participated in the original vote, but no new information would be taken. Mr. Burke said if and when the board members feel comfortable, there could be a motion and a second, followed by a special permit vote. Members would vote individually and would require a super majority. Mr. French explained town counsel has advised the board to advertise the public hearing to advise the public of the board's intention to discuss reconsideration. Mr. Penney said the only thing the board is doing is discussing its vote; Mr. Cleary noted the board does not take public comment during its special permit deliberations. Mr. French said he thinks if the board were to take public comment, it would be a violation the legal notice. Planning Board Discussion of Reconsideration of July 22, 2015 vote on "North Common Estates" Motion: To reconsider the July 22, 2015 vote on the "North Common Estates" special permit (LeBlanc - McClanahan) All in favor. PASSES Public Hearing — "North Common Estates" The clerk read the public hearing notice. Mr. French explained how the public hearing would be conducted. Mr. French said the original decision had three parts; a site plan decision for the mixed -use building, a parking finding and the special permit for the residential -only building. He said the first two votes stand, so the only discussion will be about the special permit for the residential - only building. Mr. Penney said at the meeting before the vote, there had been concern among the members about the lack of retail in the second building. He said he asked if it would be reasonable to add 8/26/2015 a condition requiring a certain amount of retail space on the first floor of the second building, and at the time, Mr. French had said he didn't think it would be fair to the applicant because that ( would be a change to his application. Mr. French said that is still his opinion. Mr. Penney said the board adds conditions to special permits and asked how this would be different; Mr. Burke said those conditions do not go to the root of the application. He said the applicant has stated the project could not work with retail in the second building. Mr. French said the conditions are usually items the board works out with the applicant, rather than things that substantively change the application. Mr. Penney agreed that is usually the way special permit conditions are worked out. Mr. Burke said the board worked with the applicant on things like his use of similar fixtures to what the town has used on the North Common, Mr. French said this project would help the town with its MassWorks grant application; Mr. Burke said that grant application is for around $2.7 million. Ms. Ashman- Collins said this project would touch on the state's priority for new housing units near transportation. Mr. Penney said while this development would improve the town's MassWorks grant application, he said it was made clear to the applicant that the road improvements may not happen if the town doesn't get the grant. Mr. Cerretani said the applicant will be making improvements to Crocker Avenue and Mansfield Avenue whether or not the town gets the MassWorks grant. Mr. McClanahan asked if the MassWorks grant includes the work the MBTA has talked about over the tracks; Mr. Burke said it does not. He said the grant application does not propose to redo the bridge or the "boat" portion of the underpass. Mr. Penney asked if the applicant is doing roadway improvements; Mr. McClanahan said he is proposing improvements on Crocker Street and Mansfield Avenue. Mr. Burke said the proposed ( improvements would go along with the town's roadway improvements. Mr. Burke said the proposal is to change the width and elevation of the roadway to accommodate the new 10 -foot sidewalk and to change the Crocker Street/North Main Street intersection to better align for traffic. Mr. Penney said Mr. Burke had estimated that work would cost the applicant $200,000- $300,000; Mr. Burke agreed. Mr. Burke said the Town Engineer and the applicant's engineer have worked together on drainage improvements in North Main Street so the work would not have to be done twice. The 100 -year event would be handled on site, and the overflow would go into the town's system; the applicant would do the upgrade to the town's system. Mr. Penney asked how much retail space would be needed in the second building to avoid the need for a special permit. Mr. Burke said the retail would be required along the full length of the first floor, but not necessarily the whole depth of the first floor; he said the parking could be cantilevered. Ms. Ashman- Collins said she thinks the question is whether the project gets done or not, and said this would be a significant project. Mr. Penney said other buildings with retail on the first floor are rented, so he doesn't buy the argument that commercial space in this project could not be rented. Mr. French said the members would have to decide whether the benefits of the proposal outweigh the detriments. Ms. Ashman - Collins said she thinks this residential space will be highly desirable so close to the train station. Mr. French said the residential component of the project will create more of a market for commercial space in the future. Mr. Penney said he agrees some older buildings without parking are underutilized, but the newer ones are occupied. 8/26/2015 Mr. Penney said he doesn't think there is a better piece of commercial property in town. Ms. Ashman- Collins said it has been underutilized for years; Mr. Penney said he thinks that is partly j because of a lack of parking. Ms. Ashman- Collins said the IDC has been talking about ways to keep Business Park marketable; one method is to provide housing for residents of all ages. Mr. Penney said commercial/retail provides the town with a lot of benefit without using a lot of services, and he is concerned the town's commercial base is eroding. Mr. French said he thinks the members all support commercial /retail development, but said the board would have to consider the benefits and detriments of this proposal. He said he thinks there is a benefit because the proposal is for one development on the whole site rather than individual projects. Mr. French said this was discussed during the 2008 Master Plan as an area that would be changing. Mr. Penney said pant of the Master Plan was to encourage retail/commercial on the first floor; Mr. French said it still is. Mr. Burke said he thinks the opportunity to replace around $1.5 million with a $15 million project is a compelling idea. He said the Priority Development/Primary Protection areas adopted by the Commonwealth included the train station as a Priority Development area of regional significance. He said this would be a keystone project that will get development going in the area. Mr. Penney said the residential component of this project would place service demands on the town; Ms. Ashman- Collins said putting the residential units near the train station will help traffic in the area because many residents will move there specifically to use the train. Mr. Penney said the worst traffic is not during the train's peak times, it is on Saturday mornings. He said he would be in favor of this project if it had some retail /commercial on the first floor of the second building. Mr. Cleary said this is one project that would gain the town 7,000 square feet of prime retail, but the applicant made it clear the mixed -use building would not be built on its own. Mr. Penney said he appreciates the discussion. Mr. Cerretani said he agrees the town should be promoting commercial /retail, but thinks this project's benefits outweigh the detriments. He said this would be a nice development that would do a lot for the town. Mr. Cleary said the applicant told the board if the commercial space in the first building filled up, he would reconsider adding retail to the second building. Mr. French said the board discussed what would happen if it approved a special permit for this site with no retail, then another site comes in without retail; he said each project is different and comes in with its own merit. Mr. Feck said he is concerned about the board being arbitrary if, for example, a project came in directly across the street. Mr. Penney asked if it would set a precedent; Mr. French said he thinks a special permit would be different than something like a subdivision because the special permit is a higher standard and every situation is unique. Mr. Burke said this is an opportunity for place making; he said not every development has that opportunity because of its location, which is what separates this site from others. He said there will rarely be another site like this, with the train station, green space and other retail across the street, which make this site unique. He said there are also timing issues, with things like the economy, the town's desire to build momentum downtown and the MassWorks grant, which are unique to this site and would not apply to applications in other areas of town. 4 8/26/2015 Mr. Penney said he is concerned about Mansfield becoming a town of apartments, from which the town doesn't get as much tax benefit as a single - family home, and which shifts the burden onto single - family homes. Ms. Ashman- Collins said single - family homes are more expensive, but also require more services. Mr. French said he doesn't think apartments generate as many school -age children or service calls. Mr. Penney said he doesn't think apartments bring in as much revenue as single - family homes; Mr. Burke said he isn't sure that is true. Mr. Penney said the Town Manager told the board the school population is declining. Mr. Penney suggested adding a condition for a minimum of 5,000 square feet of commercial /retail on the first floor; Mr. LeBlanc said that might be too high and suggested 2,000 square feet. Mr. French said he doesn't think it would be fair to the applicant to add a condition substantially different than what he proposed. He said adding retail would be a different use and would change the mix. Mr. Feck said he might be in favor of a condition like that if the board were able to discuss it with the applicant, but without being able to do that, he said he agrees with Mr. French that it would be a substantial change. Mr. Penney asked if Mr. Feck would rather have the applicant come back with a different application. Mr. French said all the board can do is vote on the project in front of it. Mr. LeBlanc said Mr. Burke said this was a different type of condition than the board usually adds, such as landscaping and curbing, which the board works out with the applicant. Mr. Burke said it would be a change to the applicant's proposal. Mr. Penney asked if has been done before; Mr. Burke said he doesn't remember it being done. Mr. Penney said he would be reluctant to do it if it sets a precedent. Motion: To approve the Special Permit application pursuant to Sections 5.5, Special Permit and \, 3.3.4, Multiple Residence, of the Mansfield Zoning By -Law relative to the application of Marco Crugnale, Cnrgnale Properties, for the construction of one (1) four -story building with 42 residential units on an approximately 59,852 square foot parcel located at 1 Mansfield Avenue /16 Crocker Street/374 -376 North Main Street/394 North Main Street/408 North Main Street (Assessor's Plat No. 22, Lots 302, 303, 304, 305, 306, 307 and 401) in the Business 1 (B1) zone with the same conditions included in the July 22, 2015 draft. (McClanahan - Cleary) McClanahan — In favor. The benefits outweigh the detriments in terms of fiscal impacts with taxes and the employment base. The new road layout will help improve the area and the building will be a cornerstone project. The development that will follow will include retail, and I think this developer may decide to put retail in the second building as well. Feck — In favor. I have struggled with this project, and think redeveloping the area as one big project is a great opportunity. I am happy the board is listening to developers regarding market conditions, but I don't feel the developer has worked with the board's concerns and don't think the proposed improvements are any more than what has to be done. However, I do find the benefits outweigh the detriments, and I think redeveloping the entire area makes the project very beneficial. 8/26/2015 Penney Opposed. I do not think the benefits outweigh the detriments without retail in the second building. LeBlanc — In favor. The benefits outweigh the detriments. Ashman - Collins - In favor. The benefits outweigh the detriments, the new sidewalk will improve safety, the developer has worked in coordination with the town, there will be a net gain in retail and in the value of the property, so there will be a positive financial impact. Cleary — In favor. This is the right project in the right place. French - In favor. The project will have a positive impact on neighborhood character, provide improvements to the area, the proposed pedestrian and roadway improvements will help improve safety, there will be positive fiscal impacts with dramatic improvements to the tax base and municipal finances, and the project will hopefully provide a linkage to the town's project and an improved environment in the train station area. 6 in favor. 1 opposed. 0 abstained. PASSES Motion: To close the public hearing (Cleary - McClanahan) All in favor. PASSES conducted. Applicants Chris and Kyle Pernock, Live & Learn Ventures, LLC; Richard Riccio, P.E., Field Engineering and Christine Walsh, Annino Associates Mr. R. Riccio explained the application for a Special Permit under Sections 5.5, Special Permit and 3.7.3, Adaptive Reuse of Historic Structures, of the Mansfield Zoning By -Law, for the reuse of the former St. John's Episcopal Church building as a three -unit residential development on an approximately 2,784 square foot parcel in the Residential 3 (R3) Zone at 43 High Street (Map 21, Parcel 139) as shown on a plan titled "Proposed Site Redevelopment Live and Learn Ventures, LLC 43 High Street, Mansfield, Massachusetts" dated July 27, 2015 and revised August 17, 2015, prepared by Field Engineering Co., Inc. Mr. R. Riccio explained there will be two off - street parking spaces for each unit. Unit 2's entrance will through the main church entrance, Unit 1's entrance will be at the rear, and Unit 3's entrance will be through the current handicapped entrance. Mr. R. Riccio said he has worked with Mr. Burke, Mr. Alves and Mr. N. Riccio regarding the details, and Mr. Alves is satisfied with the drainage improvements. Mr. R. Riccio explained the drainage currently goes into the Rumford Avenue and High Street system. He said there will be a slight increase in impervious surface, so he proposes to discharge a portion of the roof drains to recharge areas on the lawn and will reconstruct the drain manhole. 8/26/2015 Mr. R. Riccio said the applicant plans to remove and reconstruct the High Street sidewalk and will remove the existing concrete walk on the Rumford Avenue side of the property to bring a r" new gas line into the building. He said the town is scheduled to reconstruct Rumford Avenue next year, so the sidewalk will be redone then. In the meantime, they will place a temporary asphalt walKalong their frontage. He said they will coordinate the ADA requirement work with the Department of Public Works. Mr. R. Riccio explained the building will be sprinklered, and they plan to remove the overhead utilities and put them underground. Mr. R. Ricco presented a rendering of the building showing the applicant's plan to maintain the character of the existing building. They will be adding two dormers to improve the space on the second floor. Mr. R. Riccio said the structure was built in 1890 with an addition in the 1920s, and said he thinks the proposed renovation would go well under the new Adaptive Reuse by -law. Mr. French said the Adaptive Reuse by -law requires a mix of land uses. Mr. Burke suggested the board make a finding on that; he said he doesn't think traditional mixed -use would be appropriate on this site. Mr. French said a two - family would be allowed in this zone, but a three - family would not be. He said he thinks this would be a good use of the site, but said he is concerned the application may not conform with the requirements of the by -law. Mr. R. Riccio suggested a condition encouraging a home occupation in one or more of the units. Mr. Penney suggested a condition like that would be imposed on the whole structure rather than on an individual unit. Mr. McClanahan said it could be included in the condo documents, so buyers would understand the requirement. Mr. French said he would be uncomfortable approving a special permit without the proposal for a mix of uses, Mr. Pernock said he would include that in their condo documents. Mr. R. Riccio said the building inspector would have to ensure a business use before issuing a certificate of occupancy. Department Head Comment The clerk read a memo from Richard Alves, Jr., Town Engineer; Capt. Don Tebeau, Fire Department and an August 19, 2015 letter from Mr. Riccio, Field Engineering, in response to comments from the Police and Engineering Departments. Public Comment Kevin McNatt, 150 Rumford Avenue, said this is a wonderful idea to preserve a historic building, and is so much better than a developer tearing down the building. He said the developer has been working with the town to donate the Revere bell from the tower. Board Comment Mr. Feck said this is a great reuse and isn't a site he expected to see under the Adaptive Reuse by -law. 7 8/26/2015 Mr. Cerretani asked about the building on the west side of the lot; Mr. Pennock said that is an existing duplex. Mr. LeBlanc said this would be a great reuse of the building and asked about landscaping. Mr. R. Riccio said they will add low- growth landscaping, but want to preserve the view of the building. Mr. Burke said the Police Department had been concerned about sight distance. Mr. Burke suggested low- growing landscaping closer to the building, outside the sight distance triangle. Mr. R. Riccio said the building is tied into sewer, and had two cesspools that have been abandoned. Mr. McClanahan asked about a name; Mr. Pernock said they are working on names. Mr. Cleary asked about snow removal; Mr. R. Riccio said there are three storage areas and the plan includes a note explaining snow cannot be dumped off site and would have to be removed if the on -site storage is exceeded. Ms. Ashman- Collins said this is a nice building and it will be great to see it reused. Mr. Penney said he is familiar with the area and said the sight lines at the intersection are horrible. He said he is sorry to see the church go, but happy to see it being reused. Mr. McClanahan said this will be a great improvement and will be a benefit. Mr. French asked about trash removal; Mr. Pernock said there will be no dumpster and the town will pick up the trash. Mr. Riccio said the barrels will have to be stored in back of the building. Mr. French asked about the hvac units; Mr. Pernock said the units will be outside. Motion: To ask Mr. Burke to prepare a draft special permit for the board's review prior to the September 9, 2015 at 7:30 p.m., with the following conditions: 1. The permit shall be for three residential units; at least one unit must include another use allowed in the underlying district; 2. The plan shall show trash enclosures; 3. The plan shall include a landscaping plan. Motion: To continue the public hearing to September 9, 2015 at 7:30 p.m. (McClanahan - Penney) All in favor. PASSES Ken McKenzie, Dunn McKenzie, Inc., presented the plan for a 7,350 square foot building ! accordance with a plan titled "Limited Site Development Plan Mini Warehousing, Inc. 241 Francis Ave. Mansfield, Massachusetts" dated June 15, 2015. 8/26/2015 Mr. McKenzie explained this business already operates on this site, and will move its office into the new building, which will have interior space where storage containers will be refurbished as well as outside storage of the containers. He said the site is virtually all paved now. The building will not require sprinklers because of its size. Mr. McKenzie distributed a revised plan showing an additional hydrant and storage for the grinder system. The building will tie into the existing electric box; Mr. McKenzie said the site uses solar panels and intends to use electric rather than other sources of power. Mr. McKenzie said the site has 8" thick concrete with rebar throughout; there will be no increase in impervious area. The roof drains will be 6" pipe going to an 8" CLDI, which will tie into an existing catch basin, then go to two existing detention areas. Mr. McKenzie said the main access to the site will be through an existing 30' right -of -way, and there is a second access for the customs business, so fire trucks would have two means to get into the site. Mr. Penney asked the hours of operation; Mr. McKenzie said the business hours are 7:30 a.m. 4:30 p.m. Mr. McKenzie said the addition would meet the setback requirements. Department Head Comments The clerk read memos from Mr. Alves and Mr. Burke. Mr. McKenzie said the revised plans address all of the department head comments except one of Mr. Alves. He said the note about Mr. Alves's comment about the pump calculations will be added. Mr. McKenzie said additional lighting will be added as necessary. Mr. LeBlanc asked about after -hours deliveries; Mr. McKenzie said the company delivers containers to sites during the day and will not be open outside office hours. He said there will be four garage doors and a person door to the office and bathroom. Motion: To approve the site plan application for the construction of a mini - storage facility at 241 Francis Avenue as shown on a plan titled "Limited Site Development Plan Mini Warehousing, Inc. 241 Francis Ave. Mansfield, Massachusetts" prepared by Dunn McKenzie, Inc., dated June 15, 2015 with the following conditions: 1. Any and all remaining department head comments (attached) must be completely addressed prior to the issuance of a building permit[s]; 2. Hours of operation will be 7:00 a.m. — 5:30 p.m. (McClanahan- Feck) All in favor. PASSES 9 8/26/2015 Mr. Feck suggested talking about zoning amendments well before town meeting next year. Mr. French asked about the Capital Improvements Committee; Mr. Burke said it would begin in late September. Mr. Feck volunteered to serve on the committee. Mr. LeBlanc said he asked to reconsider the North Common Estates vote because the original vote was very difficult for him, and he understands this is a keystone project with the potential to impact development of the entire area. Mr. French said the board members should be commended for the discussion and said he respects everyone's position on the issue. Ms. Ashman - Collins thanked Mr. Burke for the spreadsheet showing the history of development over the last ten years on North Main Street. Mr. LeBlanc reminded the board he will be starting a class in September and he will be away from the board on Wednesday nights. Mr. Penney said there are a lot of sign variance applications filed with the ZBA and suggested looking at the sign regulations in the Zoning By -Law. Motion: To adjourn at 9:50 p.m. (McClanahan- ) All in favor. PASSES Next Regular Planning Board Meeting: September 9, 2015 at 7:00 p.m. 2a (S Date of Aploval 10 8/26/2015