HomeMy WebLinkAboutPlanning 04/26/2017Planning Board Minutes
April 26, 2017
Present: Tom French, Chair; Don Cleary, Clerk; Beth Ashman -Collins, Michael McClanahan,
Ralph Penney, Michael Feck, Richard LeBlanc
Alternates Sharon Friedman and Joe Cerretani
Shaun P. Burke, Director of Planning and Development, Jennifer Davis, Administrative
Secretary
April 12, 2017 minutes
p. 5 lst paragraph "including retail"
TOD discussion - Mr. Clemmey said there "are" already
p. 6 Mr. Clemmey said TOD is more of a market for "commuter uses" like coffee shops
p. 7 — Mr. Penney said "a recent" applicant for an over 55 development told the board he has a
waiting list for tenants.
Motion: To approve as amended
(McClanahan-Feck) Six in favor. Ashman -Collins abstained.
2. Public Hearing notices — Easton
3. SPREDD Representative Appointment 2017-2018
Motion: To reappoint Austin Horowitz as the Planning Board's representative for 2017-18
(Penney -LeBlanc) All in favor. PASSES
Article 32 McKenzi Lane
Mr. Burke said McKenzi Lane is ready for acceptance and the punch list is mostly finished. He
has a meeting scheduled on site tomorrow with Mr. Ahern, Mr. Alves and the Water Department
to make sure the last items have been addressed. Mr. Burke said he has spoken with a member
of the Board of Selectmen about moving the question because the developer, Mr. Walsh, is not a
Mansfield resident. Mr. Feck said he would abstain on the McKenzi Lane vote. Mr. Penney
asked if this subdivision has a rain garden in the cul-de-sac; Mr. Burke said it does. He said the
town will take the street after acceptance, but the residents take care of the cul-de-sac island and
the rain garden.
Motion: To support the acceptance of McKenzi Lane as a public way, pending the results of the
April 27, 2017 inspection. (Penney -McClanahan) Six in favor. Feck abstained. PASSES
Article 33 — Dutton Drive
Mr. Burke said Dutton Drive is not ready to be accepted as a public way; the wearing course of
asphalt has not been put down. Mr. Burke said the low -impact drainage works well.
Motion: To not support the acceptance of Dutton Drive as a public way.
(Penney -Ashman -Collins) All in favor. PASSES
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Article 31- Cabot's Pond Land Gift [28-143]; Cabot's Pond Land Gift [12-35]; Cabot's
Pond Land Gift [28-9]
Mr. Burke explained three parcels around Cabot's Pond have been offered as gifts to the town by
Allen Willis. NRT President Lou Andrews has requested the land south of the dam [12-35] be
taken under Article 97 of the Massachusetts Constitution, which requires open space to remain
open. That parcel is the link to Cobbler's Corner and contains the control structures for Cabot's
Pond; ownership of the land will give the town control over those structures. The northern part
of the pond will be donated next year when Willowdale subdivision is completed. Mr. LeBlanc
asked about the taxes; Mr. Burke said they are vacant parcels, so the tax revenue is low.
Motion: To support Article 31 at Annual Town Meeting
(McClanahan -Friedman) All in favor. PASSES
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Mr. Cygawnoski explained the plan for a five -lot conventional subdivision. One of the lots (Lot
3) does not have adequate frontage and lot width and would require a waiver. The parcel
includes a 32.56 acre "rear portion" of land, which the applicant had intended to use to access
property in North Attleboro, which did not work out. Mr. Cygawnoski said the Planning Board
has the ability to grant a waiver of the required frontage for the fifth lot. Mr. Burke said that is
true, but the board would have to find the public interest is served by the grant of the waiver and
noted the grant of a waiver would not obligate the Building Inspector to issue a building permit
and may still require a ZBA filing.
Mr. Cygawnoski explained they would like to use low impact design rather than conventional
subdivision drainage; on the low impact design plan, the lots would cluster toward front of the
site. Mr. Cygawnoski said the applicant does not plan to donate the rear portion of the land to
the town or the NRT. He said the MMED substation is next door, so that portion of the site
could be used as a solar farm. Mr. McClanahan said he thinks Mansfield is at its limit for solar.
Mr. French explained low impact development uses things like grass swales and minimizes the
amount of pavement. He noted the applicant has to establish the number of lots on a
conventional plan.
Mr. Cygawnoski said the groundwater is high at the back of the site.
Mr. McClanahan said the developer of Dutton Drive, which was a low impact development, got
a sidewalk waiver and donated the value of the sidewalks to the town's sidewalk fund.
Mr. Burke said he is concerned about the high groundwater, adding swales to a fill site and the
status of the road stub and remaining land.
Planning Board 4/26/2017
Mr. Cygawnoski said the wetland line has been approved and the plan shows access for the
owner to get to the remaining land. He said he is not asking to exceed the 650 foot dead-end
street maximum. Mr. Burke said the purpose of that road stub would have to be clarified in a
definitive plan.
Mr. Cygawnoski said the entire site is within Natural Heritage. Mr. Burke said he is concerned
about work on this site putting water onto abutting properties.
Ms. Ashman -Collins asked about fill. Mr. Cygawnoski said the lots will be filled about five feet
and the septic systems will be in the front of the lots. Ms. Ashman -Collins said that would really
change the drainage flow. Mr. Cygawnoski said the low point is at Gilbert Street, so there will
have to be catch basins at the corners of the pavement connected to recharge areas.
Department Head Comments
The clerk read memos from Mr. Burke, Conservation, MMED and Engineering.
Mr. Cygawnoski said the road would be a public way. He said the applicant does not plan to
donate Parcel B, the rear portion, to the Conservation Commission or NRT at this time, but said
that may change in the future.
Mr. Cygawnoski said no utility poles will need to be removed. He said when they originally did
the test holes, stone walls had to be moved and the board conducted a scenic road public hearing.
Mr. Goddard said he bought the rear portion in front of the original 10 acres to be able to develop
five lots and avoid future development of the real portion.
Mr. Maloon said they have done a lot of test holes and found all Class A soils. He said they dug
four deep holes with Mr. Alves and will be able to put the water in the ground. He said
groundwater at Gilbert Street is at about seven feet, but the land raises further back, and at the
rear property line, groundwater is at two to two and one half feet.
Mr. Burke said the species proposed for the rain garden areas will have to be carefully
considered and should be hardy species because at times, the town may use salt on the road.
Mr. Burke said he thinks low impact development is the way to go, with recharge, no
underground structures and grass swales. He said that would result in fewer structures for the
town to have to maintain and replace. Mr. Cygawnoski said they will have to install structures in
Gilbert Street because of the low point.
Ms. Friedman asked about the plan to leave access to Parcel B and the possibility of future
development. Mr. Cygawnoski said if the maximum length of dead end road doesn't change, the
Planning Bard could deny a road extension. However, he said if it were for one lot, the
Conservation Commission could allow a driveway crossing for access. He said deed restrictions
could be put into place and noted activities like solar or farming can be done in the Rl zone.
Planning Board 4/26/2017
Mr. Feck asked how the board would approve the low impact development plan, since the lots do
not meet the minimum size and frontage requirements. He suggested it could be filed as a
cluster, which allows smaller lots but requires open space. Mr. Burke agreed and said the
cleanest way to this would be to file a special permit for a cluster residential featuring low pact
development. Mr. Penney said the back lot could be used as open space. Mr. Burke said that
could also be labeled a non -buildable non-residential lot, so it could be used for things like
recreation or agriculture. Mr. French said the low -impact plan already has a cluster -type layout.
Mr. Cygawnoski said the back land could go with the last lot, and there would still be land left
for open space and a lot that wouldn't be developable as a separate residential building lot.
Mr. Cleary asked about affordable housing; Craig said there would be one affordable unit in the
subdivision.
Mr. French suggested the applicant consider going forward with a cluster, but said there will still
be a question about the number of lots. He said he would be uncomfortable granting a waiver for
the fifth lot without it first getting dimensional relief from the ZBA. Mr. Cygawnoski said the
conventional and cluster roadways would both be 650 feet.
Mr. Goddard asked if the Planning Board has the ability to approve the fifth lot. Mr. Burke said
the board has the ability under subdivision control to grant a waiver on frontage, but that would
not obligate the Building Inspector to grant a building permit. Mr. Burke said the Planning
Board does not have the ability to waive the lot width requirement because that is a dimensional
regulation.
Consensus of the Planning Board was to encourage the developer to redesign the plan as a cluster
residential special permit with low impact development features.
Craig said he would like to withdraw the April 11, 2017 preliminary plan without prejudice.
Motion: To accept the withdrawal of the Rainbow Ridge preliminary plan without prejudice
(McClanahan -Cleary) All in favor. PASSES
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Drew Garvin, Holmgren Engineering; Owner Barbara Shaer; Realtor Jess Aptowitz
Mr. Burke said Mr. Aptowitz has filed a disclosure as the agent for the landowner.
Mr. Feck said his father owns a house on Stearns Avenue and offered to recuse himself if the
applicant is uncomfortable with his participation.
Mr. Garvin explained the plan for a three -lot residential compound. He showed the board a plan
for a three -lot conventional subdivision with no waivers requested, but said they would rather do
a compound with open space. He said one lot would be the existing house. Drainage will be
installed along the proposed roadway, with catch basins and manholes to a water quality tank
Planning Board 4/26/2017
connected to an underground infiltration system. The existing house has a Title V -approved
septic system and the other lots have been perc tested. The proposed roadway is 650 feet and no
waivers are requested.
Department Head Comments
The clerk read comments from Water, MMED, Police, Conservation, Board of Health and Mr.
Burke.
Mr. Garvin said he will change the six inch water line to an eight inch line.
Mr. Garvin said he has spoken with Ms. Donovan -Palmer, and the Title V inspection on the
existing house was approved in 2015.
Mr. Garvin said the residential compound layout shows a hydrant across from Lot 3. He said
they would tap into the water line in Stearns Avenue and be connected through Mansfield Water.
Mr. Garvin said they would install a new telephone pole and run underground service to each
new house.
Mr. French asked about Officer Kinahan's concerns about sight distance. Mr. Burke said the
posted speed is 30 mph, but travel speed is higher. He said the sight distance triangle would
have to be done with a definitive plan filing. Mr. Garvin said they will be happy to discuss
Officer Kinahan's suggestions to increase sight distance. He said the proposed right-of-way is
fifty feet.
Mr. Penney said the plan shows open space along the right-of-way and suggested using that so
shift the proposed road to gain more sight distance. Mr. Garvin said he would look at that.
Mr. French asked if Stearns Avenue is a scenic road; Mr. Burke said it is, but he doesn't think
any stone walls would have to be removed. He said a survey will have to identify the locations
of trees to be removed.
Ms. Friedman asked about the length of the roadway including the driveways off the end. Mr.
French said in a residential compound, the road would remain private. Mr. Garvin said the
hammerhead turnaround is primarily for fire trucks.
Mr. Cleary asked about Mr. Alves's comment about the curve in Stearns Avenue; Mr. Garvin
said they could look into adding a three to four foot strip to help flatten the curve.
Mr. LeBlanc asked about the utility easement; Mr. Garvin explained that is the town's easement
for a future water loop. Mr. Burke said the Water Department had requested that easement years
ago, but the area is nearly completely developed now.
Ms. Friedman said there is an existing house on the site and the compound would add two new
houses. Mr. Garvin said that is true and noted the conventional subdivision would have the same
number of lots.
Planning Board 4/26/2017
Mr. Burke said this plan conforms to the requirements of a preliminary subdivision.
Mr. LeBlanc asked about offsets from the existing driveways; Mr. Garvin said the proposed
roadway is set about 30' off existing driveways.
Motion: To approve the Rainbow Ridge preliminary plan, subject to the department head
comments being addressed; specifically Officer Kinahan's April 12, 2017 comments.
(McClanahan -Penney) All in favor PASSES
Joe Sollecito, MMED Director
Dale Razinski, Epsilon Associates
Mr. Sollecito explained the installation of two distributed generation units would lower costs for
rate payers. He said electricity is most expensive during peak hours, and this project will help
avoid that expense. He said the units will generate 2.49 megawatts and only run during peak
hours. He said that would probably be three to four times a month, generally in the evening and
will avoid the town having to pay for 2.5 megawatts of energy. Mr. Sollecito said the units will
pay for themselves in seven years.
Mr. Sollecito explained most of the department's debt is retired, so MMED will be able to pay
for the units. He said the units will probably be installed around March 2018.
Mr. Penney asked how many other municipalities are doing this; Mr. Sollecito said about 48
communities have the equipment, and more are pursuing it. He said he has toured the
Middleboro facility, which he said is closer to houses than the Mansfield proposal and has no
impact on residential abutters.
Mr. Razinski said the unit is a reciprocating engine inside an enclosure like a refrigerator, which
runs at 110 db inside the unit, but 50 feet away from the enclosure, it produces no more than 60
db. He said the exhaust noise is mitigated by an air pollution control unit. There will be some
outdoor radiators. They have done modeling to the closest resident and show an increase in nose
of 0-1 db. He said the equipment will not run on weekends or in the middle of the night, only
during peak use times. Mr. Sollecito said solar use has reduced daytime usage peak. He said the
units can be programmed to run differently during changing peak times.
Mr. Razinski said the equipment uses natural gas and the emissions will be lower than a
residential furnace.
Mr. Penney asked about fan noise; Mr. Razinski said this will be low noise equipment. Mr.
Sollecito said the company installing the equipment has to ensure the equipment complies with
the sound requirements.
Mr. Aptowitz said the Light Commissioners spent a lot of time discussing this and wanted to
make sure the Planning Board was comfortable. He said the five Light Commissioners went to
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the Middleboro site and could barely hear the equipment 50 feet away. He said he is comfortable
the equipment will not cause any problems.
Ms. Friedman asked about maintenance; Mr. Sollecito said there will be an extended service
warranty. He said because of number of hours of use, he does not expect major maintenance for
at least 10 years. He said he will budget $30,000 annually for maintenance, but said he doesn't
expect to have to use that much at the beginning.
Ms. Friedman asked if customers would see a reduction in rates after the equipment is paid off.
Mr. Sollecito said the equipment will pay for itself in avoided costs, but it is difficult to know
what the market will be like in the future. He said he is confident the investment will lower the
peak costs and pay for itself.
Motion: To send the Light Commissioners a positive recommendation on the MMED
Distributed Generation Units at the Gilbert Street Substation
(McClanahan -Friedman) All in favor. PASSES
Mr. Penney said the Chocolate Factory installed generators in the 1990s to lower their costs,
which he said did not work out. Mr. Sollecito said the market is now in place for smaller
generating units to reduce the peak hour expenses.
[Mr. Burke left the meeting at 8:55 p.m.]
Mr. French said the regular board members would vote on the zoning articles.
Article 28 — Temporary Recreational Marijuana Moratorium (PB) [as amended at April 5,
2017 public hearing]
The public hearing was held and closed April 5, 2017. Mr. Aptowitz said the Board of
Selectmen voted to support Article 28.
Motion: To support Article 28 as amended at Annual Town Meeting
(Feck-McClanahan) All in favor. PASSES
Article 29 — Renderings with Special Permit (PB)
The public hearing was held and closed April 5, 2017.
Motion: To support Article 29 at Annual Town Meeting
(McClanahan -Ashman -Collins) All in favor. PASSES
Mr. Aptowitz said the Board of Selectmen has not taken a position on Articles 29 and 30, but
will be meeting meet before Town Meeting and would vote at that time.
Article 30 — Tandem Parking (PB)
The public hearing was held and closed April 5, 2017.
7 Planning Board 4/26/2017
Motion: To support Article 30 at Annual Town Meeting (McClanahan -Penney) All in favor.
PASSES
Article 34 — Billboards (Citizens' Petition)
The public hearing was held and closed April 12, 2017.
Motion: To support Article 34 at Annual Town Meeting (McClanahan-Feck)
Ms. Friedman said she has done some research about billboards and signage and learned there
was a big shift in outdoor signage due to electronic signage. She said research done in
Pennsylvania found residential property values declined when within 500 feet of a billboard, and
Boston had issues with billboards in the late 1990s. She said she understands the proposal is for
the industrial zone and along highways, but she said she has been to meetings that included
discussions about Route 140. She said if she were asked if the benefits outweigh the detriments,
she would not support it based on her research.
Mr. Cleary said this would be a special permit use and the board would still have to decide if the
benefits outweigh the detriments. Mr. French said there would be revenue for the town from
both the property taxes and the community benefit package. Ms. Friedman said the town could
negotiate that package.
Mr. LeBlanc said this use would not be only on the property Attorney Riccio described during
the public hearing.
Mr. Cerretani said he would not support this if it were adjacent to residential properties. Mr.
LeBlanc said he would be concerned about how to determine a billboard's impact on properties.
Five in favor. Two opposed. PASSES
Article 35 — 55 in R1 (Citizens' Petition)
The public hearing was held and closed April 12, 2017.
Motion: To support Article 35 at Annual Town Meeting (McClanahan-Feck)
Mr. McClanahan said there is a need for this type of use in town. Mr. Feck agreed and said
allowing more developments like this will help more residents stay in town.
All in favor. PASSES
Article 36 — Fast Food in B4 (Citizens' Petition)
The public hearing was held and closed April 12, 2017.
Motion: To support Article 36 at Annual Town Meeting (McClanahan -Cleary)
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Ms. Friedman asked if allowing fast food means allowing drive-throughs; Mr. Feck said the
board would be able to look at that during the special permit process.
Ms. Friedman asked if the special permit process would allow discussion of things like trash
mitigation; Mr. French said it would, but noted the off-site issues like trash are difficult to
manage.
Mr. LeBlanc said he understands the fast food use would be a special permit, but asked if a
drive-through would automatically be approved as part of it. Mr. French said a drive-through
would have to meet the queuing requirements of the Zoning By -Law. Mr. Feck said the board
would still have to decide if the benefits outweigh the detriments.
The board discussed the Zoning By -Law's definition of fast food.
Mr. LeBlanc asked if a drive-through would be automatically included with a fast food special
permit. Mr. French said he doesn't think it would automatically be part of a fast food
application. Mr. McClanahan said any application would have to meet the special permit
standards. Mr. Penney said the board could approve the fast food use and deny the drive-
through. Mr. Cerretani said the fast food definition says it "may' include window service. Mr.
French said with a special permit, the board has the ability to deny a drive-through. Mr. Penney
said the fast food use could be approved but the drive-through could be precluded as a condition
of the special permit. Mr. LeBlanc said he wants to make sure the board has the flexibility to
manage the use.
All in favor. PASSES
Mr. French said he would present the board's recommendations on the billboard and fast food
citizens' petitions. Mr. Penney said he would present the board's recommendation on the 55 and
over in RI citizens' petition.
Ms. Ashman -Collins said the Downtown Committee has been working on signage and banners
downtown. She said Mr. Alves presented the Downtown Committee with a conceptual plan to
connect the bike path to the train station and restriping parking spaces. The plans show the Fales
Oil site being reused as a park and include seven new parking spaces on the Fales property. Ms.
Planning Board 4/26/2017
Ashman -Collins said there are plans to regrade and pave the path between Mansfield Bank
parking lot and Rumford Avenue next year.
Ms. Ashman -Collins said the Cultural Council held a reception for the recipients of grant
funding at the Black Doll Museum. Ms. Friedman said the grant, between $100-1,000, were for
things like concerts on the common and school projects, as well as artists.
Mr. Cleary said the Mansfield Cleanup is this weekend.
Motion: To adjourn at 10:00p.m. (McClanahan- ) All in favor. PASSES
Next Planning Board Meeting: May 10, 2017 at 7:00 p.m.
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10 Planning Board 4/26/2017