HomeMy WebLinkAboutPlanning 11/29/2017Planning Board Minutes
November 29, 2017
Present: Tom French, Chair; Don Cleary, Clerk; Michael McClanahan, Rich LeBlanc, Ralph
Penney; Alternate Sharon Friedman
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative
Secretary
Minutes September 27, 2017
Motion: To approve as amended (McClanahan -Friedman)
Ms. Friedman made the following corrections:
4th para — "main" goal, not "mail" goal
p. 4 — pond is always be "empty"
Board Continent — Mr. Penney said he "is" pleased
All in favor. PASSES
2. Minutes October 25, 2017
Motion: To approve as submitted (McClanahan -Friedman)
Ms. Friedman made the following corrections:
p. 2 4ch para "he said there is a moratorium on North Main Street"
All in favor. PASSES
Minutes November 1, 2017
Motion: To approve as submitted (McClanahan -LeBlanc)
Ms. Friedman made the following corrections:
p. 2 last para — Mr. Penney asked the schedule
Four in favor. Cleary abstained. PASSES
Public Hearing notices — Attleboro, Easton, Foxboro, Norton
The Beacon
None
Mr. French said the Finance Committee has been discussing ways to increase the tax base,
especially in the business park. Mr. Burke said he doesn't think the tax base in the business park
is eroding. Overall, the amount is lower than it has been in the past, but he said that is a function
of how high residential property values have increased in comparison.
[Mr. Penney arrived at 7:15 pm]
Mr. Burke said the board recently permitted a new building permitted in the park, as well as a
renovation of a large building. Mr. French said he doesn't think the park is in trouble, but some
of the buildings are dated.
Planning Board 11/29/17
Mr. Burke said he has met with the Finance Committee and discussed the need for the new town
manager to have an economic development background, or the town could consider an economic
development person.
Mr. French said he doesn't think Covidien moving a lot of its operation out of Mansfield didn't
have anything to do with the conditions of the business park, but was rather a business decision
made by the company that bought Covidien.
Mr. French said the Finance Committee has been looking at ways to raise the non-residential tax
base. He noted Town Meeting adopted zoning changes in the business park a few years ago, but
property owners have not yet taken advantage of the new zoning. Mr. Penney said he thinks that
zoning came about after the Strategic Plan'indicated the character of the business park would be
changing; he said that change is only a matter of time. Mr. French said he thinks the Finance
Committee is concerned about what can be done proactively in the park. Ms. Friedman said it
would be helpful to find out what is happening in Foxboro and Norton, and whether commercial
buildings in those towns have similar vacancy levels of vacancy to Mansfield.
Mr. French and Mr. Cleary said they would volunteer to represent the board on the task force.
�. Spc��al PQrmTit �ub�►e Hearfbg 8$$ South Mainy�tree� �p�ris Cenfer .T, �YIa�tstield '
The clerk read the public hearing notice. Mr. French explained how the public hearing would be
conducted.
Attorney Frederick Armstrong introduced Ken Butler, MMAS; James DeVellis, PE, DeVellis
Zrein; Tom Souza, landowner; Ed Tartufo, Realtor; Matt Reingold, Uncommon Theater; Gary
Hendren, architect
Mr. Armstrong explained MMAS has grown into a theater and art gallery that does
performances, educational programs and art shows. He said they have outgrown their current
downtown space; they were hoping to stay downtown but were not able to find a site. He said
the South Main Street space will give them great visibility and improved accessibility. The site
is 2.7 acres, with a 6,000 square foot building and on-site parking.
Mr. Armstrong explained the plans to expand the existing building. Lower level has nearly 20 -
foot ceilings, which will be perfect for the theater. They plan to add an art gallery in the back,
along with restrooms and a workshop. They will expand the parking, add landscaping, and deal
with the stormwater. The site will give MMAS the ability to expand classes, concerts, art
exhibits and functions.
Mr. Armstrong said he understands the location across from the Xfinity Center may be a traffic
concern, but said the MMAS season runs from September through May, while Xfinity events
take place in the summer. He said they will work with the town's existing traffic management
plan for the summer and will work on a new traffic management plan for the MMAS season. He
said they have been talking with the Police Department about issues like traffic management,
safety and details.
Planning Board 11/29/17
Mr. Armstrong said they hope to open in 2019 and are working on joint ventures with LL Bean
for recreational opportunities and with area colleges for performance opportunities.
Mr. Souza explained his company, USA World Media, produces programming for college sports
events, has had a partnership with LL Bean to operate an outdoor discovery program for the last
five years and has reached out to Wheaton and Berkelee for performers, interns and marketing
support.
Mr. Armstrong said MMAS is working with the Uncommon Theater, which does children's
theater, and other groups to create an arts community.
Mr. DeVellis explained they are scheduled to go to the Conservation Commission next month.
Mr. DeVellis explained the site plan shows three existing access points, which they will reduce
to two. They will add on to the building and parking, including handicapped parking and access.
The existing picnic tables will remain. A stormwater mitigation system will be added.
Mr. DeVellis said access to the theater will be at the back of the building, where there will be an
outdoor plaza. There will be a screened dumpster and loading area, an outdoor market with a
stage area. Lighting will be added around the site. The plans show the 25 -foot no disturb zone
required by the Conservation Commission.
Mr. DeVellis explained the plan conforms to the requirements of the Zoning By -Law, with
adequate frontage, area, setbacks and open space. There will be 264 theater seats, which would
require 66 parking spaces. They are providing 108 parking spaces.
The survey shows the site slopes toward the wetland, the building will be served by water and
sewer and there are walking paths to the picnic area. The wetlands are off site, some of which
are owned by the Village at the Pointe on Reservoir Street.
Mr. DeVellis explained the sediment and erosion control plan. He said there will be one access
during construction with crushed stone and silt fence.
The parking lot will have both regular and compact parking spaces, with 24' travel aisles
throughout.
Mr. DeVellis said a fire truck can get in and maneuver around the site.
Mr. DeVellis explained there is water and a fire hydrant at the front of the site, and a grease trap
would be installed at the back of the building and be connected to sewer. Drainage will go to
catch basins with sumps and hoods, and will infiltrate into the ground, then to the wetlands.
Mr. DeVellis explained they will be adding trees and outdoor seating, a row of pines along the
IBEW property line and conservation mixes along the perimeter of the site.
Planning Board 11/29/17
Mr. DeVellis explained the photometic plan, with 20' LED lights with an average of 1.5
footcandles across the lot.
Mr. McClanahan asked how many parking spaces are proposed; Mr. DeVellis said 108. Mr.
McClanahan said they would need a commercial parking license from the Board of Selectmen
for Xfinity parking. Mr. Armstrong said MMAS is in a rent -to -own plan with the current owner,
and they are fundraising and working on loans and grants.
Mr. Hendren presented an aerial view and photographs of the existing building, which is a pre-
fab metal building with a clear -span interior, making it ideal for the theater use. He said the land
slopes at the back and the ceiling height in the lower level is 17'.
Mr. Hendron explained the existing upper floor is 80'x40' and will be used for offices. The
bathrooms will be expanded, offices will be added for staff, along with an elevator to the theater
level and a large ornamental staircase. They plan to hold functions and will add a catering
kitchen; he said they do not plan to do real cooking on site. There will be an outdoor terrace.
Mr. Hendren said the lower level will have 264 seats with a flat floor with some movable
seating and the stage, then the seating will be stepped up, which will also allow storage. There
will be a small gift shop, an art gallery facing water and a prop shop. The mezzanine level over
the bathrooms will be used for mechanical equipment and costume storage. The area
overlooking the reservoir will have a terraced courtyard and landscaped area.
Mr. Hendron explained the front of the building will be like a stage set made out of perforated
metals, which will provide a significant street presence. They will reuse the existing exterior
staircase in front of the building.
Board Comment
Ms. Friedman asked about handicapped access in the seating area. Mr. Hendron said both levels
are handicapped accessible, and there are removable floor seats on the lower level.
Mr. Penney said he is sorry MMAS is moving out of downtown, but said this would be a much
better location. He said the reservoir is not used as a drinking water source, but the property is in
the water resource protection district, designated to protect the reservoir. Mr. DeVellis said the
site is on sewer, and all stormwater will be captured and treated. There will be a detention basin
on site, which is gently sloped and will be landscaped. There will be an Operations &
Management Plan to keep the growth down, but the basin will be vegetated. Mr. Penney asked
about mosquitoes; Mr. DeVellis said if it were a retention basin, it would hold water, but a
detention basin will drain after 72 hours. He noted there are acres of standing water in the
adjacent reservoir. The Notice of Intent filed with Conservation requires MMAS to maintain the
basin and pick up the trash. He said there will be outdoor seating and parking near the basin, so
it will be kept clean. Mr. Penney asked about putting the basin under the parking lot; Mr.
DeVellis said the slopes would make it difficult, the soils are poor, mostly fill, in that area and it
would be more expensive.
4 Planning Board 11/29/17
Mr. Cleary asked how this will look next to the new IBEW building. Mr. Burke said the fagades
will be very different, though they will be similarly -sized buildings.
Mr. Cleary asked why street trees are proposed; Mr. DeVellis said he would prefer not to plant
trees there at all. Mr. Cleary asked about planting shrubs instead of trees for sight distance. Mr.
Burke said that would require a ZBA special permit for an alternate landscape plan.
Mr. DeVellis said they have talked to the Conservation Agent about clearing the existing paths
and invasive species.
Mr. Cleary asked if the retention basin overflow would be retained on this property; Mr.
DeVellis said it would. He said there would not be any more peak flow than there is now.
Mr. Cleary asked if two entrances are necessary. Mr. DeVellis said there are three there now,
and they are closing one up. Mr. McClanahan suggested one entrance and one exit. Mr.
Armstrong said they are not planning to change the two existing curb cuts. He said the site also
has to accommodate fire apparatus getting in and out.
Department Head Comments
The clerk read memos from Mr. Burke, the Water Department, Conservation Agent, MMED and
Engineering.
Mr. DeVellis said he has spoken with Mr. Alves, who is concerned about the slope being able to
accommodate a fire truck. He said the existing slope is about 10%; they propose to lift it up
about a foot to create a flat area for turning. Mr. DeVellis said they would add striping and
arrows to the parking lot.
Mr. Armstrong said they have been talking with the Police Department. Right now, they don't
know the number of attendees they will attract when they move, so will continue to work on that.
Mr. DeVellis said Mr. Alves was concerned about the narrative describing a 1,000 -gallon grease
trap, but the plan showing a 1,500 gallon grease trap. Mr. DeVellis said while they don't plan to
have a kitchen right now, putting in the larger system will be worth it, so will be a 1,500 -gallon
grease trap.
Mr. DeVellis said they are connecting to sewer in a manhole in the street and he will add that
note to the plan.
Mr. DeVellis said he would add another spot grade on the pipe.
Mr. DeVellis said the slope is 2-1 in the back, which is fine for a grassed area. They will be
installing jute fiber, instead of filter fabric, with rocks.
Mr. DeVellis said he has revised the plans to address Mr. Gaffney's concerns.
Mr. McClanahan asked about public safety; Mr. French suggested there could be a condition for
the applicant to continue to work with the Police Department based on traffic volumes at
Planning Board 11/29/17
different times of the year. Mr. Burke said most of the theater's events will be during Xfinity's
off season. Mr. Penney asked if there will be parking spaces added; Mr. Armstrong said the
current commercial parking lot license is for 77 parking spaces, and they would like to be able to
use the additional spaces for event parking. He said they would not hold theater events when
there are Xfinity Center events. Mr. Penney said the Board of Selectmen would issue the
commercial parking lot license. Mr. McClanahan said he would have liked to have seen a
comment from the Police Department about the traffic issues. Mr. Butler said they use one
entrance and one exit when they park for Xfinity events.
Mr. Cleary suggested a plan for overflow parking; Mr. Butler said they have talked with IBEW
and Xfinity about that. Mr. Butler said people can walk across the grass from IBEW, without
having to walk in South Main Street. He said they have talked about parking MMAS staff on the
IBEW site during events.
Ms. Friedman asked about snow removal plans. Mr. DeVellis said there is snow storage around
the edges of the site and in the picnic area.
Public Comment
Karl Clemmey asked how much of a fill there will be in the detention area. Mr. DeVellis said
there will be an area cut and an area filled; the basin will be three feet deep. Mr. Clemmey asked
how far the basin is from the river; Mr. DeVellis said the basin is flat, and the majority of runoff
will go into the water. Mr. DeVellis said there is a 25' buffer from the wetlands and a 200'
buffer from the Rumford River; their work will be outside the 200' buffer. Mr. Clemmey said
the Conservation Commission has not met; Mr. DeVellis said they are on the December 18
Conservation Commission agenda. He said they have met with the Conservation Agent and the
plans have been revised. Mr. Clemmey said he is concerned about the Rumford River
overflowing onto his property. Mr. DeVellis said they have done a full drainage analysis, which
has been reviewed by the Town Engineer. Mr. French said the applicant would take the risk that
if the Conservation Commission changes or denies the plan, they may have to return to the
Planning Board.
Sheila Anelo, Village at the Pointe, suggested regulating the end times of outdoor shows similar
to the Xfinity Center. Mr. Butler said most of their outdoor concerts would go along with
farmers' markets during the day, and most of the evening shows would be inside.
Ms. Anelo asked about the lit tower shown on the plan; Mr. Hendron said it is a glass tower and
will be internally lit when the facility is open. He said it will not glow, revolve, flash or have
neon lighting.
Ms. Anelo said she was concerned about people parking on Reservoir Street and walking to
Xfinity through the Village at Willow Crossing property. Mr. Butler said they will address any
issues that arise. Ms. Anelo asked about the possibility of fencing the back of the MMAS
parking lot.
Sally, Lawndale Road, said she is supportive of the MMAS project.
Planning Board 11/29/17
Mr. Penney asked how late the shows run; Mr. Butler said indoor shows run until 10:30-11 pm.
Matt Reingold, Uncommon Theater Company, said his board supports MMAS, which is
allowing them to use rehearsal and show space. He said the partnership will be beneficial to
everyone involved.
William Clemmey, 55 Fowler Street, said one of the parking requirements is to show that
multiple uses happen at different times and said he is concerned there isn't a more defined
parking plan. He said on days when there are all -day shows at Xfinity, MMAS's multiple uses
could be in conflict. Mr. Clemmey said there is a new plan being considered for exiting Xfinity
with a new roadway to go south on Route 140. He said when IBEW has meetings, that will also
impact traffic; Mr. McClanahan said IBEW told the board they only have two full meetings a
year. Mr. French said the parking is based on the primary use, which is the theater, and the
commercial parking lot is a secondary use, which the Board of Selectmen would permit.
Mr. Burke said he thinks this is a good application and recommended approval. Mr. French
asked if a special permit is needed for the parking; Mr. Burke said it is not and said the
expansion of the commercial parking use on this site would be dealt with by the Board of
Selectmen. Ms. Friedman said she does not believe a Planning Board special permit is needed
for the theater's parking use. Mr. Burke said the parking proposed is accessory to the primary
use. Mr. French said any commercial use for the parking lot would be permitted by the Board of
Selectmen. Mr. Butler said it would not make sense for them to hold things like farmer's
markets when Xfinity has all -day shows.
Mr. French asked if the building expansion will be done at once or in phases; Mr. Armstrong
said they hope to do it all at once.
Mr. LeBlanc asked about signage. Mr. Hendron said the existing pylon would be replaced with
marquee signage on the front of the building. Mr. Burke said there isn't a marquee sign like the
one proposed in town, so the Zoning By -Law would have to be amended to adopt a marquee sign
by-law. He suggested a special permit condition that all signs must conform to the Mansfield
Zoning By -Law or require a variance. Ms. Friedman asked about the signs on the building; Mr.
French said they would be fagade signs. Mr. LeBlanc asked about the screen signs; Mr. Butler
said they would be digital signs that can be changed to advertise events, but will not be moving.
No directional signage is proposed.
Mr. French said the board would have to consider three things: whether the special permit
complies with the Surface and Groundwater Resource Protection District by-law, the Reservoir
District by-law and the Special Permit by-law.
The Surface and Groundwater Resource Protection District requires the proposal not to impact
water quality or quantity, or rates at which water leaves the site. They will be adding a
stormwater detention area, but the water will still be in the same watershed.
Planning Board 11/29/17
The Reservoir District requires the project to conform to the density and dimensional
requirements and will have no increase in water runoff into the Norton Reservoir.
Motion: To find the proposal meets the conditions of the Reservoir District by-law, which
requires the project to conform to the density and dimensional requirements and will have no
increase in water runoff into the Norton Reservoir. (Friedman -Cleary) All in favor. PASSES
Special Permit — The board has to find the benefits outweigh the detriments.
Mr. Penney asked about restricting hours of operation on indoor events. Mr. Butler said shows
typically start at 8 pm and go until 10:30-11:00 p.m., but he said with the new location, they may
have after -show receptions. He said they would probably not be open after midnight. Mr.
Armstrong said he would rather not limit the hours. Mr. Butler said if they get a liquor license,
they would serve drinks before the show and close the bar after intermission unless they were
having an after -show reception. Mr. McClanahan said he would be concerned about lighting
when they are open that late. Mr. Butler said they want to be a good neighbor.
The board discussed special permit conditions, including:
Hours of operation for outdoor events limited to 10 pm;
Events shall not be scheduled on the days when Xfinity Center events;
On-site parking can only be used for one type of event (MMAS events ok, not MMAS plus
Xfrnity events)
Lights will have to be dimmed 50% after normal business hours and one hour after events
ends;
All signs must conform to the Mansfield Zoning By -Law or will require a variance
Mr. McClanahan said he is concerned about there being no memos from the Police or Fire
Departments. Mr. French said the applicant will have to work with public safety on traffic
issues. Mr. Armstrong said he will contact public safety to request their comments.
Mr. LeBlanc asked if MMAS is a 5013c organization; Mr. Armstrong said it is.
Motion: To ask Mr. Burke to draft a special permit with the conditions discussed and to
continue the public hearing to December 13, 2017 at 7:00 p.m.
(McClanahan -Cleary) All in favor. PASSES
Motion: To appoint Mr. French and Mr. Cleary to the economic development task force
(McClanahan -LeBlanc) All in favor. PASSES
Mr. French said
the
was discouraging because of the state's timeframe for work. Mr. Penney said towns get caught
in the middle of state agencies with different priorities. Ms. Friedman said someone suggested
getting all of Mansfield's state representatives together to spearhead the effort. She suggested
Planning Board 11/29/17
inviting them to a Planning Board meeting; Mr. Penney said the board has alerted the town to the
problems, and said the Board of Selectmen should pursue it.
Motion: Send the Board of Selectmen a letter encouraging them to follow up on the
MassHighway meeting by convening a meeting with the town's state representatives to discuss
ways to facilitate immediate improvements in the Route 106 corridor.
(Penney -McClanahan) All in favor. PASSES
William Clemmey asked if the board would be taking a position on whether the town hires an
economic development director.
Mr. Burke said Mr. Alves has received a $200,000 grant from MassWorks for a Complete Streets
project for Park Street; the original application was for $400,000. He said the town will discuss
the possibility of freeing up the other $200,000 from Chapter 90 funds.
Mr. French said the Zoning Board of Appeals has granted the parking variance for the 11 North
Main Street church renovation.
Mr. French suggested scheduling a hearing to look at changing Planning Board filing fees.
Mr. French said the board should start looking at possible Zoning By -Law changes for Town
Meeting.
Mr. French asked if anything has happened with the Chocolate Factory; Mr. Burke said he has
not heard from them. Mr. McClanahan said he heard they have their financing and will be
applying for a building permit soon.
Ms. Friedman said the Open Space and Recreation committee is organizing and should be
meeting soon.
Mr. LeBlanc said he would like to talk about some use changes in the industrial districts; Mr.
Burke will put together some ideas.
Motion: To adjourn at 10:00 p.m. (McClanahan- ) All in favor. PASSES
Next Planning Board Meeting: December 13, 2017 at 7:00 p.m.
$rgnature of Clerk f f Date of Appr6val
9 Planning Board 11/29/17