HomeMy WebLinkAboutMBC 12/13/2017Planning Board Minutes
December 13, 2017
Present: Tom French, Chair; Don Cleary, Clerk; Michael McClanahan, Rich LeBlanc, Ralph
Penney
Alternates Joe Cerretani and Sharon Friedman
Shaun P. Burke, Director of Planning and Development; Jennifer Davis, Administrative
Secretary
Minutes November 29, 2017
P. 1 — Mr. Penney arrived at 7:15 p.m.
p. 2, 3d para —Zoning came about after the Strategic Plan indicated the character of the
business park would be changing"
p 3 2"d to last para — "a grease trap will be installed at the back of the building"
p. 4, 5th para — "Mr. Hendron said the lower level will have 264 seats with a flat floor with
some movable seating"
p. 4 Board Comment — "the property is in the water resource protection district, designated to
protect the reservoir."
p. 4 — "the slopes would make it difficult, the soils are poor, mostly fill, in that area and it
would be more expensive."
Motion: To accept as amended (McClanahan -Penney) All in favor. PASSES
2. Public Hearing notices — Attleboro, Easton, Norton
3. The Beacon
4. Request for Final Release — Autumn Park Phase I (McKenzi Lane) and Phase II (Shea
Circle). Both streets were accepted at Annual Town Meeting in 2012.
Motion: To release the remainder of the bond for Autumn Park Phase I (DiMascio Drive)
and Phase II (Shea Circle) (McClanahan -Cleary) All in favor. PASSES
5. Request for Partial Release — Forest Heights (Forest Heights Drive)
Motion: To release $32,333.86; new balance will be $40,834.81
(Friedman -LeBlanc) All in favor. PASSES
None
Tucker McCarthy, Howard Stein Hudson, explained the preliminary plan for a four -lot
subdivision at 713-719 Elm Street. The property is just north of the Norton town line and south
of Partridge Lane in the RI zoning district. He said there is a wetland pocket, which is a man-
made pond, not shown on the plan; he said he has spoken with the Conservation
Agent about that and will work on it.
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Mr. French said the purpose of the traditional plan is to establish the number of lots that could be
built, so delineating the wetland line will impact the number of lots. He said the wetlands will
have to be verified with the Conservation Commission.
Mr. McCarthy said they would like to do a low -impact subdivision with open space, open
drainage and no sidewalk. Mr. Burke said the board has allowed low -impact development with
super -elevated pavement pitched to a swale to a detention basin and no sidewalk, on sites like
Dutton Drive off Winter Street.
Ms. Friedman said not including sidewalks is a safety issue and thinks they should be
considered, especially for developments with young families. She said she would encourage the
applicant to consider including sidewalks for safety.
Ms. Friedman said there appears to be a lot of water in this area, which has to be considered
because it may impact Lots 2 and 3. Mr. McCarthy said the wetland areas will need to be
included on a plan, and said RIM is doing the wetland science and surveying on this property.
Ms. Friedman said while Mr. McCarthy said the wetlands are man-made, they are nevertheless
wetland areas.
Mr. French said this would be a four -lot dead end street that would not be extended. Mr. Burke
said there is a sidewalk on this side of Elm Street. Mr. McCarthy said the Elm Street sidewalk
doesn't come to this site, and just the other side of this site is the Norton town line.
Mr. McCarthy said the road is proposed to be 22 feet wide and with four houses, it would not
have a high volume of traffic. Mr. Burke said there would be about 36 vehicle trips per day and
pedestrians would tend to walk toward Mansfield rather than toward Norton. Mr. Penney said
the board has allowed sidewalk on one side and has allowed surface runoff, which results in less
maintenance for the town. He said when the board has waived sidewalks, the developer has
donated funds to the sidewalk fund.
Mr. Cleary asked if this would be a private road; Mr. McCarthy said he isn't sure what the
developer's plan is. Mr. Burke suggested discussing that with the developer and noted a road
that will be a public way will have to meet the town's construction standards.
Mr. Burke said the applicant will have to go to the Conservation Commission, and he thinks the
super -elevated road would work in this area, perhaps with sidewalk on one side.
Department Head Comments
The clerk read memos from the Fire, Conservation, Water, Health and Engineering Departments.
Mr. McCarthy said a fire truck will be able to get in and turn around.
Board Comment
Mr. French said he isn't sure the board has enough information to vote on this plan. Mr. Burke
said he agrees. He said it would be better to pull the roadway away from the wetland, but first
that wetland will have to be delineated.
2 Planning Board 12/13/17
Consensus was the cluster would be the best option
Ms. Friedman asked if the driveway could be designed to give a fire truck more room to turn
around. Mr. French said he thinks it could be. Mr. McCarthy said he will adjust that driveway.
Mr. Penney said it appears the Zone II of the Morse Well runs into the back of Lot 3. Mr.
McCarthy said it does. He said if there is a septic system on that lot, it will be designed
appropriately and said they can move the house around to make it work. Mr. French said the
cluster design would move more of the work outside the Zone II, Mr. Penney suggested adding
the direction of the flow of groundwater.
5. SPesrai permit Prtbt,c Hear�rig.con�inue�l 888 �o'u�h��an Street-= Airt��G`enter
Attornev Frederick Armstrong introduced James DeVellis. PE. DeVellis Zrein; Tom Souza,
landowner; Ed Tartufo, Realtor
Mr. DeVellis explained the changes to the plans, including the addition of a 1,500 -gallon grease
trap and additional spot shots.
[Mr. Cerretani arrived at 7:40 p.m.]
Mr. DeVellis said there is a fire hydrant within 50 feet of the front entrance.
Mr, DeVellis explained the landscaping plan has been amended to remove trees and add low
shrubs for better visibility and to screen the detention basin.
Department Head Comments
The clerk read memos from Engineering, Fire and Police.
Mr. DeVellis explained the existing grades will stay the same.
Mr. DeVellis explained the template for the tower truck shows the Fire Department will have full
access around the building. Mr. Penney asked if parked cars would impede the trucks; Mr.
DeVellis said they would not. Mr. French asked if removing one parking space at the end would
make it easier for the ladder truck to get around the site; Mr. DeVellis said it would. Mr,
McClanahan noted the building would be sprinklered. Ms. Friedman said there are already more
parking spaces than zoning requires; Mr. Armstrong said they could lose one space.
Mr. DeVellis said they could paint arrows on the pavement. Mr. Burke said event parking traffic
currently comes into one entrance and goes out the other. Mr. Armstrong said they would like to
be able to have deliveries and trash come in and go out either entrance during the day. He said
they could restrict it to one entrance in and one out during parking events. He said there are
currently 100 striped parking spaces now, with the current commercial parking license at 78
spaces; they plan to apply to the Board of Selectmen to increase that to 108 spaces.
Planning Board 12/13/17
Mr. Penney asked if the entrance and exit could be identified; Mr. Armstrong said they would do
that during parking events. Mr. French said there may be a learning curve with this building, and
the applicant has agreed to work with the Police Department on the traffic management plan.
Mr. Penney said he is uncomfortable approving this without the traffic management plan in place
and noted the board denied a special permit parking lot application on a site across the street in
2010. Mr. Armstrong said their theater use and the commercial parking use will be at different
times. Mr. French said the 2010 special permit was different because that was only for a
commercial parking lot, the site was right next door to the Xfinity Center and had multiple
tenants, so the applicant could not know how many commercial spaces they would have
available. Mr. Penney said in 2010, the Police Chief was concerned about adding additional
cars; Mr. French said MMAS has 78 parking spaces there now. Mr. Armstrong said they would
like to add 20-25 more for additional revenue. Mr. French said the Board of Selectmen will
permit the parking. Mr. Armstrong said the parking for Xfrnity events would work the same way
it does now, and they will work with the Police Department on traffic for MMAS shows. Mr.
Cleary said the Police Department manages traffic differently now than it did in 2010.
Ms. Friedman said Officer Kinahan said the Police Department supports the project dependent
on a traffic plan. She said she thinks MMAS is willing to work with the Police Department, the
traffic issues for MMAS shows would be very different from Xfrnity shows and the board has
discussed a condition requiring the applicant to continue to work with the Police Department.
Tom Souza, property owner, said he thinks there is confusion about the traffic issues. He said
they have always used one entrance and one exit for Xfrnity parking, and noted the traffic lanes
on South Main Street have been restriped and traffic is only allowed to exit one way. He said
MMAS shows will also have one entrance and one exit. Mr. Penney asked if MMAS is good
with delineating one entrance and exit; Mr. Armstrong said they are, as long as it doesn't prevent
deliveries and trash trucks from using either entrance during the day. Mr. Armstrong said they
can add arrows to the pavement. Mr. Cerretani said signage may be needed during Xfrnity
parking events to block off the second entrance; Mr. Souza said they do that now.
Public Comment
The clerk read a letter from Lisa Piscatelli, Chair, Mansfield Cultural Council.
Board Comment
Ms. Friedman asked the number of seats; Mr. Armstrong said there will be 264 seats. He
explained it is flexible space and the front row of seats can be removed so the stage can be
expanded.
Mr. Cerretani said Mr. Alves is concerned about the grade. Mr. French said public safety has
reviewed the plans. Mr. McClanahan said he thinks eliminating one space would allow a larger
turning area for the fire truck. Mr. Cerretani said he thinks this is a great plan, though he wishes
the theater could have stayed downtown.
Mr. LeBlanc asked if the grading issue is the same on the left side of the site. Mr. Burke said the
main entrance has about a 10% grade, and the southern side about 13%. He said Mansfield
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public safety would respond from the north and use the main entrance. Mr. Burke said fire
trucks are geared so low, he doesn't think they will have a problem with the grades.
Ms. Friedman suggested a condition requiring the applicant to work with the Fire Chief to verify
the turning radii will work and that the elimination of one parking space will improve the
situation. Mr. French he thinks that would be covered under the condition the department head
comments must be addressed during the appeal period.
Mr. Penney said the grades are existing and he thinks the applicant has done the best he can to
address the situation.
Mr. Cleary asked about Conservation; Mr. DeVellis said they have met with Ms. Gonyer and Mr.
Alves and are scheduled to meet with the Conservation Commission next week.
Mr. Penney suggested a condition saying one means of ingress shall be delineated with arrows
on the pavement at the discretion of the Police Department as part of the traffic management
plan.
Mr. Armstrong said all the cars will not leave MMAS events at the same time; he said staff and
performers will leave later than attendees. He said they want their patrons to be safe, so if the
police require it, they will have a police detail.
Mr. Penney asked if there is agreement for a marked entrance and marked exit with pavement
markings. Mr. Armstrong said there is. Mr. Souza said they use one entrance and one exit for
events like farmer's markets now.
Mr. Penney asked about special functions; he said some abutters had been concerned about late
night outdoor events. Mr. Armstrong said any after -show functions would be held inside and
patrons would be out by midnight. Mr. Penney asked how a "special function" is defined. Ms.
Friedman suggested using something like "life -cycle events." Consensus was to use "special
events."
Motion: To approve the special permit as drafted and amended as follows:
Maximum 264 seats;
Condition # 14 — MMAS shall be responsible for working with the Police Department to establish
a traffic management plan for events held on the site;
New Condition #15 — The applicant shall delineate one entrance and one exit with arrows on the
pavement, and signage when it is needed. This condition shall not apply to delivery trucks or
trash haulers
(McClanahan -LeBlanc)
McClanahan - In favor. The benefits outweigh the detriments and I am glad MMAS has found a
location for the theater.
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Penney — In favor. The project will be an asset to the town. I am concerned about traffic, but
think the applicant has addressed the concerns and is willing to work with the Police Department.
Cleary — In favor. The benefits outweigh the detriments, especially with the reuse of the old
building.
LeBlanc — In favor. The benefits outweigh the detriments. While there will be slight detriment
with no additional taxes, but adding the cultural center is a benefit. I think there will be a slight
increase in potential traffic issues, but I think that can be addressed. The reuse of this building
complements other uses around the area.
Cerretani — In favor. This is a nice plan and the theater will be an asset to the town.
Friedman — In favor. The benefits outweigh the detriments. Attention has been paid to
environmental issues, consideration has been given to the location next to the reservoir, the site
will be enhanced with the arts use and it will be a great benefit to the town. I am happy the
parking and traffic issues will be addressed.
French — In favor. The benefits outweigh the detriments. There will be a positive impact on the
general welfare and social structure of the town, the conditions requiring the applicant to work
with public safety will enhance vehicular and pedestrian safety, there are adequate municipal
facilities, the applicant has mitigated the impacts to the natural environment, there will be an
overall benefit to the town with increased business and the reuse of an underutilized building.
All in favor. PASSES
Motion: To close the public hearing (McClanahan -Friedman) All in favor. PASSES
Mr. Burke said there are some issues the board has discussed for Annual Town Meeting 2018,
including:
Zoning:
Restaurants in the Planned Business District
Signage in Reservoir District, including a definition of a marquee sign
Recreational Marijuana
Industrial 3 Uses
Street Acceptance:
Willow Street Reconfiguration
Other:
Funding for New Comprehensive Master Plan $100,000
Mr. Burke said the zoning issues came out of discussions the board has had over the last few
months.
6 Planning Board 12/13/17
Mr. Burke said the town's recreational marijuana moratorium goes until July 2018, but the
state's regulations are scheduled to be issued in March 2018, Mr. French said he thinks the
biggest issue is to figure out where that use should be allowed. Mr. Burke said many
surrounding towns have voted to ban the use, which would require both Town Meeting approval
and a vote at the ballot. Mr. French said because there is no existing retail use in the
Commonwealth, there are no case studies available to help the town figure out where best to
place the use. Mr. Burke said until the state regulations are issued, it is impossible to know
whether sales will be allowed in existing retail outlets like pharmacies and liquor stores. Mr.
LeBlanc suggested asking the Board of Selectmen whether it would like the Planning Board to
look at identifying location.
The board discussed sending the Board of Selectmen a letter saying the board is looking at
potential Town Meeting articles, including recreational marijuana, and suggest a meeting to
discuss the issue. Point out the State's guidelines are expected in March 2018, and the town's
moratorium will expire in July 2018. Ms. Friedman said the town voted to support recreational
marijuana, but adopted the moratorium while waiting for the state Aild provide guidance. She
said the town may have to decide on its own how to move forward; Mr. Penney said that would
be difficult without knowing what the state regulations will be.
Motion: To send the Board of Selectmen the above letter
(Penney -McClanahan) All in favor. PASSES
Mr. Cleary said there is a huge difference between allowing retail sales and growing marijuana,
so those may be better placed in different zoning districts. Mr. Burke said the state law allows
retail and medical to sell the same products, so if people can get the same product without the
restrictions required of medical dispensaries, it may hurt medical businesses.
Mr. Burke said Forest Heights Drive off Williams Street will probably come in for street
acceptance in 2017, as well as the reconfiguration of Willow Street.
Karl Clemmey asked Mr. LeBlanc's ideas on I3 uses. Mr. LeBlanc said he was thinking about
the zoning principles in the TOD.
Mr. Clemmey said the easement between the Richard land and Xfinity Center should require site
plan approval. He said that was a special permit and the Planning Board should provide
direction.
Mr. Burke said the recreational marijuana issue is a serious policy issue the town has to address.
Ms. Friedman said the Open Space Committee will have its first meeting December 18.
Mr. Cerretani said CIP met last night and voted its recommendations. He said some funds were
allocated for the North Main Street underpass, which will help get the GATRA grant. The town
will fund $1.2 million and GATRA $800,000, which will get the job to base. The town may
Planning Board 12/13/17
have to borrow another $800,000. He said the deck was resurfaced with funds from the
MassWorks grant.
Mr. Penney asked if there has been any progress on crossing the tracks; Mr. Burke said he
understands the town has a consultant working on a plan for North Main/County/Angell Street.
Mr. LeBlanc asked about a Master Plan; Mr. Burke said it should be a new plan rather than an
update because there is so much new information available. Mr. French said the biggest part
would be the economic development issue. Mr. LeBlanc asked if the proposed $100,000 is firm
and if that would be enough to get a quality plan. Mr. French and Mr. Burke said that number is
not firm, and they are confident the town will get quality proposals.
Motion: To adjourn at 9:15 p.m. (McClanahan- ) All in favor. PASSES
Next Plannin > Bo d Meeting: J xary 17, 2018 at 7:00 p.m,
Ae of Clerk Date ot Approval
Planning Board 12/13/17