HomeMy WebLinkAboutPlanning 04/05/2017Planning Board Minutes
April 5, 2017 u ' F ICE
Present: Tom French, Chair; Don Cleary, Clerk; Michael McClanahan, Ra1��Pre„ y Richard
LeBlanc P 2' So
Alternates Sharon Friedman and Joe Cerretani ( i)
Shaun P. Burke, Director of Planning and Development, Jennifer Davis, Admniistrattve -
_
Secretary
1. Plauuin $oa rd 1Nleetng" called to.oi del at T;00 p ?m•
1. March 22, 2017 minutes
Motion: To approve as submitted
(Friedman -LeBlanc) Five in favor. Cerretani abstained. PASSES
2. Public Hearing notices — Attleboro, Easton, North Attleboro
3. 130 Spring Street special permit to be signed (approved on March 22, 2017)
Motion: To sign the special permit
(Penney -LeBlanc) Five in favor. Cerretani abstained. PASSES
3, I�itrm A lA�]R) Phina,
Mr. Penney suggested the board revisit traffic issues on the west side of the commuter rail tracks
especially the short-term recommendations that could be implemented inexpensively, and start
thinking about the long-term recommendations, especially a northern exit. He said he has been
speaking with Rep. Jay Barrows about the proposal to relocate the Hatheway-Patterson crossing.
Mr. French said the BETA Study, which was done in April 2014, looked at potential roadway
and traffic improvements on the west side of the train tracks and included short- and long-term
options. One of those short-term recommendations was for a left -turn lane at the Copeland
Drive/Chauncy Street intersection.
The clerk read the public hearing notice. Mr. French explained how the public hearing would be
conducted.
Article 30 Renderings with Special Permit Applications [With Tonin Counsel's changes]
(19.) Renderings: sketches, drawings and/or computer-generated imagery of a proposed building(s) in 2-
D and 3-D perspective. Each rendering shall contain a front confer perspective depicting building fagade
and one side, and a rear corner perspective depicting the rear of the building and one other
side. Additional building perspectives are encouraged. The rendering(s) shall show lighting, signage,
color, material, details and design. The Planning Board shall have the authority to approve modifications
to the approred special pern it and building design requested by the applicant.
[Town Counsel changed the last sentence to read "The Planning Board shall have the authority to
approve modifications to the approved ecial permit and building design requested by the
applicant.]
Planning Board 4/5/2017
Scott Feely, 489 Fruit Street, asked if renderings currently have to be submitted. Mr. French said
it is not currently required in the by-law, but the board requests renderings and applicants
typically provide them. This would put the requirement into the by-law and be consistent with
the requirements of site plan. Mr. Feely said the computer software to prepare the renderings has
become much more widely available and affordable.
William Clemmey, 55 Fowler Street, said showing signs on renderings may be difficult. Mr.
French said the intention of the amendment would more for the board and abutters to see the
location of the sign rather than its design. Mr. Cerretani said the sign location may impact sight
distance on some projects.
Mr. Clemmey said the last sentence of the amendment says the Planning Board will have the
authority to approve modifications, but suggested that should not be in the list of required items.
Mr. Penney said that was included to give the board the ability to review modifications after the
special permit is granted. Mr. French said it is simply a reminder to the applicant about the
board's ability to review changes; he said he would be inclined to leave it in. The board decided
to leave that phrase in the amendment, as modified my town counsel: "The Planning Board shall
have the authority to approve modifications to the approved special permit and building design
requested by the applicant."
Article 31 Tandem Parking
• Section 230-1.5, Definitions
Tandem Parking — A parking space that can only be used after crossing another parking space, allowing
one car to park directly behind another car. Vertical lift parking spaces shall be considered a tandem
parking space.
1. By amending Section 230-4.4, Off -Street Parking and Loading as follows to allow tandem parking in
business and industrial zones:
Section 230-4.4, Off-street parking and loading.
In any zoning district, if a structure is constructed, enlarged, or extended and any use of land established,
or any existing use is changed after the effective date of this by-law, parking and loading spaces shall be
provided in accordance with the following schedule:
A. Off-street parking schedule....
Land Use Minimum Number of Off -Street Parking Spaces
ADD NEW Mixed Use The number of tandem parking spaces which in the judgement of
the Planning Board are adequate to provide off-street parking
for the proposed use.
ADD NEW (19) Tandem Parking Spaces, as defined in Section 230-1.5,
shall be allowed in the Business I (BI), Business 2 (B2),
Business 4 (B4), Industrial I (II), Industrial 2 (I2) and the
Industrial 3 (I3) zones. The Planning Board may make the
finding that tandem parking may be used in the Transit Oriented
Planning Board 4/5/2017
Development (TOD) and North Main Street Business Overlay
District.
Section 230-5.10(x)(7), North Main Street Business Overlay District
ADD NEW 230-5.10(K)(7)(]) When a project qualifies for a density bonus, the Planning Board nsay
make the finding that tandem parking may be used.
Section 230-5.12, Mansfield Station Revitalization Overlay District
ADD NEW 230.5.12(I)(b)[d] When a project qualifies for a density bonus, the Planning Board may make
a f nding that tandem parking may be used.
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Mr, French said tandem parking has been allowed by precedent rather than by regulation. He
said it has never been defined, so the board decided to define it and allow it as a density bonus.
Mr. LeBlanc said this amendment does not require the spaces to be assigned to one owner; Mr.
French said it only defines tandem parking spaces, and the board's special permit would include
specific conditions. Mr. W. Clemmey said some apartment developments do not have assigned
spaces, parking is first-come, first-served. Mr. LeBlanc said that would be fine for single space
parking. Mr. French said the board has granted tandem parking in the past without placing
conditions on the ownership. Mr. Feely said this option would allow the applicant to be a little
more creative. Mr. Penney said it would be up to the applicant to convince the board tandem
parking would work and noted the parking configuration could be specified in the deed or lease.
Mr. W. Clemmey asked if both full-sized and compact spaces would be allowed; Mr. French said
the definition does not include a parking space size. Mr. Penney said he envisions the board
considering tandem parking on a case-by-case basis.
The board discussed and decided to replace the word "shall" in the first sentence of the new
paragraph (19) with "may," as follows:
ADD NEW (19) Tandem Parking Spaces, as defined in Section 230-1.5,
shall may be allowed in the Business I (Bl), Business 2 (B2),
Business 4 (B4), Industrial I (II), Industrial 2 (I2) and the
Industrial 3 (I3) zones. The Planning Board may make the
finding that tandem parking may be used in the Transit Oriented
Development (TOD) and North Main Street Business Overlay
District.
Mr. W. Clemmey suggested the board reconsider allowing 100% subcompact parking spaces.
Article 29 Temporary 18 -Month Recreational Marijuana Moratorium
230-3.4.L Recreational Marijuana, Temporary Moratorium
3.4.1 Temporary Moratorium on the Sale and Distribution of Recreational Marijuana
3.4. 1.1 Purpose: By vote at the State election on November 8, 2016, the voters of the Commonwealth
approved a law regulating the cultivation, distribution, possession and use of marijuana for recreational
purposes. The law provides that it is effective on December 15, 2016 and the Cannabis Advisory Board is
required to issue regulations regarding implementation by September 15, 2017 as may be amended.
Planning Board 4/5/2017
Currently under the Zoning By -Law, Recreational Marijuana Establishments and Marijuana Retailers are
not a permitted use in the Town. Regulations promulgated by the State Cannabis Advisory Board are
expected to provide guidance to the Town in regulating Recreational Marijuana Establishments and
Marijuana Retailers. Further, the ballot measure is currently undergoing review and revision by the Great
and General Court. Until such time as Chapter 334 of the Acts of 2016 is finalized, the Town must
carefully and deliberately make land use, regulation and location consensus -based planning decisions.
The regulation of Recreational Marijuana Establishments and Marijuana Retailers raise novel and
complex legal, planning, and public safety issues and the Town needs time to study and consider the
regulation of Recreational Marijuana Establishments and Marijuana Retailers and address such novel and
complex issues, as well as to address the potential impact of the State regulations on local zoning and to
undertake a planning process to consider amending the Zoning Bylaw regarding regulation of
Recreational Marijuana Establishments and Marijuana Retailers and other uses related to the regulation of
recreational marijuana. The Town intends to adopt a temporary moratorium on the use of land and
structures in the Town for Recreational Marijuana Establishments and Marijuana Retailers so as to allow
the Town sufficient time to engage in a planning process to address the effects of such structures and uses
in the Town and to adopt provisions of the Zoning Bylaw in a manner consistent with sound land use
planning goals and objectives.
3.4.1.2 Definitions
"Marijuana establishment," a marijuana cultivator, marijuana testing facility, marijuana product
manufacturer, marijuana retailer or any other type of licensed marijuana -related business.
"Marijuana retailer," an entity licensed to purchase and deliver marijuana and marijuana products from
marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to
marijuana establishments and to consumers.
3.4.1.3 Temporary Moratorium. For the reasons set forth above and notwithstanding any other
provision of the Zoning By -Law to the contrary, the Town hereby adopts a temporary moratorium on the
use of land or structures for Recreational Marijuana Establishments and Marijuana Retailers. The
moratorium shall begin 18 (eighteen) months from the promulgation of the final regulations by
the Legislature or on June 1, 2020, whichever comes first. During the moratorium period, the Town
shall undertake a planning process to address the potential impacts of recreational marijuana in the Town,
consider the Cannabis Advisory Board regulations regarding Recreational Marijuana Establishments and
Marijuana Retailers and related uses, determine whether the town shall restrict any, or all, licenses for
Recreational Marijuana Establishments and Marijuana Retailers, determine whether the town will prohibit
on-site consumption at Recreational Marijuana Establishments and Marijuana Retailers and shall consider
adopting new provisions of the Zoning Bylaw to address the impact and operation of Recreational
Marijuana Establishments and Marijuana Retailers and related uses.
3.4.1.4. Severability. The provisions of this by-law are severable. If any provision, paragraph,
sentence, or clause of this By -Law or the application thereof to any person, establishment, or circumstance
shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.
Mr. Feely asked why the moratorium will last for 18 months after the state's regulations are put
in place. Mr. Penney said it is intended to give the town time to learn about the issue and
determine how and where to zone the use; he said the state has pushed off the date to finalize the
legislation until July 2018. Mr. Feely said he thinks towns will learn as the state goes through
the process. Mr. French said the board has met with the Board of Selectmen to discuss where to
zone the use.
4 Planning Board 4/5/2017
Mr. Feely said this could be seen as telling the voters the town will not begin to think about this
issue for 18 months after the state finalizes the legislation. Mr. W. Clemmey said states that
have legalized recreational marijuana have said they wish they had more time to prepare. Mr.
Feely said having a by-law in place would allow the town to tax the sales. Mr. French said the
by-law would have to go to Town Meeting. Mr. Penney said the state could decide to regulate
recreational marijuana sales like alcohol. Mr. LeBlanc said the town may not need 18 months
after the state figures it out; the moratorium only allows up to 18 months.
Mr. Penney said the board had started discussing how to zone the use, but without any guidance
from the state, didn't feel it could draft a by-law.
Mr. Feely said it would be reasonable for the town to take W to 18 months after the state
promulgates the regulations.
Mr. Cleary said any by-law would have to go to Town Meeting, Ms. Friedman said the 18
month moratorium would give the town the flexibility to make some decisions within that
window. Mr. Cerretani said 18 months is in there because the town doesn't know when the state
will finalize the legislation and when the next town meeting would fall. Ms. Friedman said the
board discussed it would probably need a solid 18 months to research the use, understand the
issues, come up with a by-law and take it to Town Meeting.
Mr. W. Clemmey said the people who voted for this want it in place, but this the voters
Mansfield is going to wait 18 months after the state figures the legislation out, so the moratorium
could lose support at Town Meeting. Mr. Feely said the town may not need a full 18 months.
Mr. W. Clemmey suggested delaying the zoning until Town Meeting 2019; Mr. LeBlanc said a
moratorium should not be longer than 18 months. Mr. W. Clemmey said if the moratorium ends
on June 1, 2020, the zoning could be delayed until the following Town Meeting in 2021.
Mr. French said an outright ban would require 10% of the registered voters to petition for a ballot
question.
Mr. Feely said he thinks it will help to include "up to" 18 months, but explain to Town Meeting
the town may not need that long.
Mr. French said this moratorium would not impact personal use of marijuana; it would only
impact retail sales.
The board decided to amend the second sentence of 3.4.1.3, Temporary Moratorium, as follows:
"The moratorium shall begin upon promulgation of the final regulation[s] by the legislature and
remain in effect for up to 18 months or June 1, 2020, whichever comes first."
Ms. Friedman asked what would happen if June 1, 2020 comes after the 18 months has expired.
Mr. LeBlanc said if, for example, the regulations went into effect May 1, 2020, this moratorium
would last one month. Mr. Feely said the moratorium's end date could be extended at Town
Meeting if it is necessary.
Planning Board 4/5/2017
Ms. Friedman volunteered to present the article to Town Meeting; Mr. LeBlanc said he would
assist.
Motion: To close the public hearing (Cleary -Friedman) All in favor. PASSES
Mr. Cerretani said he watched the 4:00 train come in one day and the traffic coming out of the
west side lots was crazy; he said something should be done to mitigate that. Mr. Penney said
everyone is in agreement that something has to be done about it, the question is what to do. Mr.
French said the BETA Study plans have been used in discussions with CSX about the crossing.
The board discussed sending a memo to the Board of Selectmen saying the Planning Board has
been reviewing the traffic issues around the train station in view of a recent parking expansion
application and has been re -sensitized to the conditions in the area and the seriousness of the
situation by the residents. The board understands the town has been making progress on a new
northern exit, but wonders if there are any smaller -scope items, such as restriping and widening
of intersections and adding left hand turn lanes, to improve conditions along the corridor.
Mr. LeBlanc said putting in a "No Left Turn" sign at one intersection may just push the traffic to
the next intersection.
Mr. W. Clemmey said there are a number of properties for sale along Chauncy Street, which may
be the town's best chance to buy some land along that corridor.
Mr. Penney suggested meeting with the Board of Selectmen with a list of short-term items that
could done to improve conditions, like a "No Left Turn/No Through Traffic" sign from Chauncy
Street onto Central Street during certain hours. Mr. W. Clemmey suggested inviting Rep.
Barrows to a meeting. Mr. K. Clemmey suggested meeting directly with CSX. Mr. Penney said
Mr. Barrows has met with the MBTA and presented a northern access plan with a CSX crossing
near Angell Street, Mr. W. Clemmey said the crossing would only be used for a few hours each
day. Mr. Cleary suggested that could be an "Exit Only" during certain hours,
Mr. K. Clemmey suggested an aerial survey and he said the MBTA may have to buy and move a
couple of houses. He said the Jeep dealership has been sold and will probably close; he said if
that building becomes available, the town should buy it. Mr. K. Clemmey said an aerial survey
could help to find a place for an exit other than County Street. Mr. Penney said a lot of that land
is wet, but said there is a large piece of town -owned upland behind the Hatheway-Patterson site.
The board decided to send a letter to the Board of Selectmen as Road Commissioners (copy Mr.
Azinheira) requesting a meeting, as discussed earlier, and asking about the status of the northern
access crossing to establish an additional entrance/exit from the train station area and whether
there is any available funding in the town's parking fund.
Mr. French asked the members to consider helping with the presentation of the board's zoning
articles. Mr. Penney said Mr. Feck championed tandem parking and suggested he present that
article.
Planning Board 4/5/2017
Mr. W. Clemmey asked if there is any information the board would like to see with his public
hearings next week. Mr. Penney suggested reviewing the minutes from the last public hearing.
Ms. Friedman said she and Ms. Ashman -Collins attended the Urbanism Summit., which included
interesting discussions about density, historic design, pedestrian and bicycle access, encouraging
outdoor activities, sustainability, smart growth, neighborhood and community engagement and
equity development.
Motion: To adjourn at 9:15 p.m. (Penney- ) All in favor. P
Next Planning Board Meeting: April 12, 2017 at 7:00 p.m.
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Signature of "leak7�L
Date of A prova
Planning Board 4/5/2017