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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. Planning Board 12/13/17 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 Planning Board 12/13/17 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. Planning Board 12/13/17 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